10 Mar 1999 Legislative Assembly 397

WEDNESDAY, 10 MARCH 1999 largest export earner, one of our major employers, and a major contributor to State revenue. But sometimes all this is taken for granted. We notice the boom-time headlines Mr SPEAKER (Hon. R. K. Hollis, Redcliffe) in the media but we rarely see the downside of read prayers and took the chair at 9.30 a.m. the industry and its impact on ordinary Queenslanders and their families. ADDRESS IN REPLY Recent events at the Gordonstone mine have served to highlight the issues confronting Presentation all of those involved in the coal mining Mr SPEAKER: Order! Honourable industry. I do not intend to debate the rights members, I have to inform the House that His and wrongs of either side of the Gordonstone Excellency the Governor will be pleased to dispute. Today, I intend to focus on those receive the Address in Reply at Government people who are being affected by changes in House on Friday, 26 March 1999, at the coal industry in the Central Highlands 3 o'clock p.m. and I invite all honourable region. members to accompany me on the occasion of the presentation. Today, I am announcing an initiative that is aimed squarely at the miners and their families who have lost their jobs through a MEMBERS SURVEY range of reasons, none of which are their fault. Mr SPEAKER: Order! I draw honourable Today, I am announcing the establishment of members' attention to the members survey the Central Highlands Community Employment Trust. The trust will have three aims. The first which will be distributed today. I ask all members to please complete the survey by aim is to create job opportunities through the due date as it is part of the Legislative encouraging business development. The Assembly's performance reporting process. second is to initiate programs to provide young people from the Central Highlands with the knowledge, skills, attitudes and values to OVERSEAS VISIT enhance their chances of getting real, long- Report term jobs. The third is to reduce unemployment in the community, particularly Hon. D. J. HAMILL (Ipswich—ALP) targeting displaced Gordonstone employees (Treasurer) (9.31 a.m.): I lay upon the table of and the long-term unemployed. the House a report on my participation in the Queensland Treasury Corporation's annual The trust will be established with a investor relations program to Singapore, Hong $200,000 contribution from the Department of Kong and Tokyo, including itineraries, details Employment, Training and Industrial Relations. of meetings and associated material. I have had initial discussions with a number of other groups and I hope that this working capital will rise to $1m with contributions from PAPER industry, particularly local coal mining MINISTERIAL PAPER companies, unions, the Commonwealth The following paper was tabled— Government and local interests. The trust will be sponsored and managed by the existing Minister for Environment and Heritage and Central Highlands Development Corporation. Minister for Natural Resources (Mr Welford)— That means that there is an established Second Interim Report of the Panel infrastructure and network to achieve our aims. Assessment Study under the Mount Isa Mines Ltd Agreement Amendment Act The trust will have an advisory committee 1997 for the period 13 August 1998 to 12 which will meet regularly to recommend overall February 1999. strategic direction and support for the program. This committee will be made up of representatives from the Central Highlands MINISTERIAL STATEMENT Development Corporation—including the Central Highlands Community Employment Mayor of Emerald, Councillor Paul Bell, with Trust whom I have discussed this proposal on a Hon. P. D. BEATTIE (Brisbane Central— number of occasions, including again this ALP) (Premier) (9.32 a.m.), by leave: The coal morning—each of the major financial mining industry has given much to contributors, the union movement and other Queensland and Queenslanders. It is our community groups. 398 Ministerial Statement 10 Mar 1999

There is a wide range of initiatives that Mr Hamill: And taste. this committee will put into action. These Mr BEATTIE: I didn't say "taste"; I said include a six-point plan that will kickstart this "culture". Some have naturally asked whether I initiative. Firstly, the trust will help to provide a have picked up the sartorial standards of my community employment development officer friend the member for Bulimba, who, as we all to identify and develop jobs in the region. This know, is a dedicated follower of fashion. At was among the major recommendations of a every opportunity he demonstrates the QR tie recent report by the Emerald task force. The in this Chamber. He is a man of considerable second point of the strategy involves the talent. committee coordinating a security for youth program which will give young people in the I must confess that none of this is the region some vocationally relevant assistance case. There is another very good reason for to improve their job options. my bow tie. I am wearing it as a reminder that The third point of the strategy will see an Friday is Bow Tie Day for the Queensland adult apprenticeship/traineeship scheme Muscular Dystrophy Association—a fine developed to help adults get jobs in new charitable organisation. To support this year's industries. All honourable members would appeal, the State Government will contribute know of at least one person in their electorates $20,000 to the Queensland Muscular who has lost his job and, sadly, does not have Dystrophy Association. I urge all the skill to find a new job. This is the case for Queenslanders to support this worthy cause to some people in the Central Highlands mining assist in research to fight this debilitating area and this initiative will help them get disease and to help those who suffer from it. meaningful long-term jobs. Mr SPEAKER: I must say that I am The fourth initiative involves using the disappointed that Premier Beattie did not wear State Government's Breaking the a tartan bow tie. Unemployment Cycle programs. The trust committee will help the local community identify opportunities to access these MINISTERIAL STATEMENT programs, including public infrastructure and Institute for Molecular Bioscience community works of a labour-intensive nature. The fifth initiative will see the committee Hon. J. P. ELDER (Capalaba—ALP) developing a skills maintenance program to (Deputy Premier and Minister for State ensure that those unemployed miners who Development and Minister for Trade) want to stay in the local community can (9.39 a.m.), by leave: The Queensland maintain their skills. The final initiative in this Government is always looking for opportunities initial program will be a skills enhancement to enhance the State as it works towards its program to help unemployed miners develop unemployment target. Both the Premier and I new skills as, say, small business operators. are looking past the raw number of jobs; we are also looking at the quality of jobs and the This is not an exhaustive list—simply a quality of industries for the 21st century. starting point for those people who have contributed so much to Queensland and who Recently, the State Government reached now need a helping hand from their fellow an agreement with the University of Queenslanders. I table a copy of the relevant Queensland over the support for Australia's details of the trust and other material for the largest biological research facility, which is information of the House. being built at the St Lucia campus. Under the agreement, the Government will provide $15m towards the $100m institute for molecular MINISTERIAL STATEMENT bioscience and, in return, the Government will Bow Tie Day, Muscular Dystrophy receive offsetting benefits such as a financial Association return on the proceeds of any new technology which is commercialised as a result of the work Hon. P. D. BEATTIE (Brisbane Central— that is done at the institute. ALP) (Premier) (9.38 a.m.), by leave: This morning, a number of my colleagues have As I said, the institute will be the largest commented on my natty necktie. biological research facility in Australia. It will be Mr Hamill: It's very fetching. the home of 700 world-class scientists and support staff by the time it is fully operational in Mr BEATTIE: Yes, it is very fetching. I the year 2002. That does not include the 400 take the Treasurer's interjection; he is a man of jobs that will be created during the construction culture, as we all know. phase. 10 Mar 1999 Ministerial Statement 399

Biotechnology is one of the fastest- listening to the concerns and issues in their growing enabling industries in the world and regions, would have felt the positive energy the industry has been identified by the that flowed from members of the community Government as having tremendous growth on these days. Cynics walked through the door potential for Queensland well into the next and left five hours later feeling pleasantly century. The institute will play a strategic role in surprised, thoughtful and, yes, enthusiastic addressing the priorities for the Government in that this just might work. What was particularly creating jobs, building on the strengths of the telling was that 95% of the people stayed all regions, enhancing our environment and day to complete the process. providing a better quality of life for While some media reported it as a magic Queenslanders. The institute will sharpen and formula, I believe it is a program initiated by a augment the critical mass in biotechnological Government which is determined to listen to skills development in this State over the past communities and work with them to build decade. better regions. Certainly, they have struck a Queensland companies already have chord with the community, which is obvious by developed and exploited niche commercial the huge attendances at each function. I will opportunities in forestry, medical diagnostics tell the members of the numbers of people and vaccines and local companies have who attended each conference. At Ipswich, emerging capabilities in a wide range of 450; Nambour, 920; Beenleigh, 570; industries. They include agriculture, food Townsville, 530; Mackay, 500; Bundaberg, processing, forensics, health care, 480; Rockhampton, 610; and Cairns, 520. pharmaceuticals, environmental remediation What the Beattie Government is doing is and mineral processing. Biotechnology is one taking Government to the people. No longer of the up-and-coming areas of the economy do they have to come to George Street to see with the possibility of even more potential in Government Ministers. With the Community the information technology industry to create Cabinets and now the regional community new jobs. forums, which will be held quarterly in each At the end of the day, this facility will put region and attended by two Ministers, the Queensland at the leading edge of this Government is going to the community. I know emerging technology. It will be a facility of the other States are watching this program international significance and, when closely to see if and how it will work. I am completed, will have the ability to stimulate confident that the new millennium will bring billion dollar growth in a number of areas, with it a new style of governing, which involves including sustainable food, environmental the community in Government decision management and health care industries. Once making. again, this Government's investment is While no-one has said that this program providing the opportunities for this State to not will solve all the problems of a community, only service those industries and its what it will do is ensure Government Ministers commitment to service industries but create are well aware of the issues and concerns long-term rewarding jobs for Queenslanders in facing the various regions, giving them a direct the process. line to get direct answers and I believe that will make a difference. MINISTERIAL STATEMENT Regional Communities Program MINISTERIAL STATEMENT Hon. T. M. MACKENROTH (Chatsworth— Queensland Racing Industry Training Centre ALP) (Minister for Communication and Hon. R. J. GIBBS (Bundamba—ALP) Information and Minister for Local (Minister for Tourism, Sport and Racing) Government, Planning, Regional and Rural (9.45 a.m.), by leave: Honourable members Communities) (9.42 a.m.), by leave: Over the will be disturbed to learn of the existence of a past three weeks I have launched the deliberate campaign aimed at destroying the Government's new Regional Communities Queensland Racing Industry Training Centre at Program, holding conferences in eight regions Deagon. This campaign is being waged in throughout the State. The response to this Australia and overseas by unscrupulous program has been overwhelmingly positive, vested interests who seek to profit financially outstanding and unprecedented. from destroying the centre's reputation and Members of the Government and establishing a rival training centre in northern Opposition who attended, spending a day New South Wales. 400 Ministerial Statement 10 Mar 1999

Unfortunately, these people are being MINISTERIAL STATEMENT aided by some members opposite, who see Treasury Midyear Review political profit in trying to wreck the Deagon centre. And who is behind this campaign? In Hon. D. J. HAMILL (Ipswich—ALP) October 1997 and March 1998, I raised with (Treasurer) (9.48 a.m.), by leave: I am pleased the then Racing Minister concerns about today to table the results of the Queensland people seeking to profit from the Queensland Treasury's midyear review of the State's fiscal Racing Industry Training Centre. One of those and economic position. The review clearly was the centre's then manager, John Graham, demonstrates the Beattie Government to be who was behind attempts to privatise the delivering on its election commitments and Deagon training centre for his own personal achieving what we forecast in the September Budget last year. We promised to deliver our gain while working as a public servant. Mr election commitments within the prevailing Graham, in partnership with the Japanese fiscal framework, and that is exactly what we marketing agent Mariko Hyland, was going have done. The midyear review forecast that around trying to get together investors to buy the Queensland economy, despite difficult the QRITC, of which he planned to be both a international conditions, is firmly on track to shareholder and chief executive officer. All the achieve growth in the 1999 financial year of while he was on the public payroll. 3.5%. Graham, who resigned when Labor was Queensland's average unemployment elected and has subsequently been under rate for the year is now expected to be investigation by the CJC, is the brains behind 8.5%—lower than the figure forecast in the the campaign and efforts to establish an September Budget and lower than the figure Australian racing industry training centre at forecast in the coalition's May 1998 Budget Murwillumbah. Graham used his position as a papers. This will be achieved despite casual steward with the Queensland Principal continuing strong population growth of 1.75%, Club as a cloak of credibility as he ran around which is well above the national average. Most Japan and Australia denigrating the Deagon importantly, jobs growth remains very strong. centre and claiming it was about to close. Queensland Treasury forecasts employment But let us look at who is bankrolling growth for the year of 2.75% against a national Graham and Hyland. The financiers are a employment growth rate of 2%, and the Joanne Hambrook and her business partner, Budget remains in surplus. Patrick Shaun Wilson, both of whom are well The GFS presentation shows that in known to the authorities and have left a trail of addition to delivering an expected surplus of liquidated and bankrupted companies behind $744m for the year for the general them. Wilson is the notorious former director of Government sector, the Beattie Government the New Zealand bloodstock company, will deliver a surplus of $265m for the State Strathmore, that collapsed with debts of more Government sector. This State Government than US$3.2m in one of New Zealand's surplus is achieved after allowing for higher greatest corporate debacles. Wilson also had than expected capital spending by the a 1990 civil judgment of US$103,248 against Government's public trading enterprises, in him in Kentucky for unpaid agistment of particular by the State's power utilities, thoroughbreds. Queensland Rail and some port authorities. This surplus will also be achieved after Ms Hambrook is also no cleanskin and is accounting for a range of initiatives approved well known to authorities. She has been a as part of the midyear Budget review. Some of director of I & A Trading, Target Commodities these initiatives include: further ambulance and Cobweb Pty Ltd, to name just three of the funding, funding for the redevelopment of the companies which Hambrook has been or is the Townsville Strand, additional funding for road director of and are either under external infrastructure, and additional funding to the administration or have been deregistered. Department of Families, Youth and These are the unscrupulous types who Community Care for initiatives including are trying to profit from the destruction of the domestic violence crisis services and child Deagon racing centre, which has provided protection. training opportunities for over 350 Japanese In September we delivered a Budget that and Australian students since opening in contained a record level of capital expenditure. 1995. It does no honour to those members The midyear review demonstrates that we are opposite who are knowingly aiding and delivering on that expenditure commitment abetting these shonks in their campaign to and creating new capital assets for destroy the centre's international reputation. Queensland. Most importantly, we are 10 Mar 1999 Ministerial Statement 401 delivering on our top priority, with 35,000 new As well as offering parenting courses, our jobs created in just seven months. Those are child health nurses will be even better new jobs and 80% of them are full-time equipped to provide one-on-one advice to jobs—jobs for Queenslanders. parents seeking support in raising their children. PPP shows parents how to deal with a wide range of common parenting issues, MINISTERIAL STATEMENT ranging from dealing with sleeping problems in Positive Parenting Program infants to temper tantrums in toddlers and Hon. W. M. EDMOND (Mount Coot-tha— helping older children with homework, and it ALP) (Minister for Health) (9.51 a.m.), by leave: works. PPP is based on 20 years of careful I wish to bring members of the House up to research. It is particularly effective with children date on one of the most important initiatives in the two to seven year age group who are that the Beattie Government has implemented difficult to manage and aggressive. In one during its time in office. I am referring to our large scale evaluation of the PPP program in Early Intervention and Parenting Support Western Australia, when it was made available Initiative, which has already been introduced in to all parents of three and four year old 15 communities around Queensland. It will be children, there was a 50% reduction in the extended to a further 15 communities early in number of young children with serious the next financial year. behavioural problems a year later. The results speak for themselves. The initiative aims to provide parents with the confidence and skills needed to interact Parents who undertake this training with their children through the various stages program will have the tools to build better of their development. The first program that we relationships with their children, easing family have introduced is known as the Positive tensions and strengthening family units. By Parenting Program, or PPP. That program was introducing this positive parenting initiative, we developed by Dr Matt Sanders and his team at are building better citizens and stronger the Parenting and Family Support Centre at families for the future. the University of Queensland. Dr Sanders and his team have achieved both national and MINISTERIAL STATEMENT international acclaim. I am delighted that those skills, which were developed in Queensland, Redbank Railway Workshops are now being made available free of charge Hon. S. D. BREDHAUER (Cook—ALP) to Queensland families. (Minister for Transport and Minister for Main I had the opportunity of joining my Roads) (9.54 a.m.), by leave: I am pleased to parliamentary colleague John Mickel, the announce yet another jobs initiative by this member for Logan, and Dr Sanders at the can-do Government that will enhance Browns Plains Child Health Centre on 7 employment security for Queensland Rail January to officially launch the program. employees at the Redbank workshops and Browns Plains is one of the first 15 centres that will create opportunities for further selected for this initiative. The others are employment in the Ipswich region. Bundaberg, Edmonton, Hervey Bay, Ipswich, Queensland Rail's Redbank workshops Logan Central, Maroochydore, Maryborough, have won an important $40m contract for the Mount Isa, Nambour, Palm Beach, construction of 400 new container wagons and Rockhampton, Southport, Smithfield and the upgrade of a further 319 Queensland Rail Townsville. freight cars. This contract will guarantee the Child health nurses in each of these continuity of 30 workshop jobs at Redbank. locations are now receiving training in the The security of the 30 jobs under this contract parenting program. We are also offering comes on the heels of my 16 September 1998 training to staff of Education Queensland and announcement of contract work at Redbank to the Department of Families, Youth and complete a seven year program of re- Community Care in these areas. This training engineering and overhaul of 88 suburban is occurring on a progressive basis and the first Citytrain electric train sets, securing some 50 parenting programs are now beginning to be jobs at Redbank. offered by the recently qualified trainers. In addition, Queensland Rail has already Positive parenting booklets, tip sheets, videos announced a doubling of its general intake of and other resources that were ordered by apprentices for 1999 to 150. Presently there Queensland Health arrived last Friday and are are 53 apprentices and eight trainees at in the process of being delivered to the 15 Redbank, of whom 12 apprentices and eight centres to support their training programs. trainees have started since January this year, 402 Ministerial Statement 10 Mar 1999 and Queensland Rail will be looking to term positions. This was more than necessary increase this further by the middle of the year. and contributed to a climate of job insecurity. This is good news for job creation and Initiatives of this Government will see over economic growth in the Ipswich region. As well 700—— as providing job opportunities, work and Mr JOHNSON: I rise to a point of order. investment will flow from contracts to the local The Minister is misleading the House on the community. This is a real bonus for jobs in the issue of fixed-term employment, and I ask him area. to retract that statement. With this contract, Queensland Rail will Mr SPEAKER: Order! There is no point of upgrade the container wagon fleet with the order. modification of existing wagons commencing in July 1999 and the construction of the new Mr JOHNSON: There is a point of order. wagons starting in September this year, to be Mr SPEAKER: Order! I have just ruled completed by March 2000 and December that there is no point of order. The honourable 2000 respectively. When completed, the member will resume his seat. wagons will achieve greater efficiencies by Mr BREDHAUER: Initiatives of this increasing carrying capacity by 15 to 17 tonnes Government will see over 700 fixed-term and the speed limits of some wagons from 80 employees at Queensland Rail given km/h to 100 km/h. This will translate into an permanent jobs. The Beattie Government has ability to carry larger containers and reduce delivered on job security to Queensland Rail shunting time at container terminals. workers. Redbank currently employs some 860 staff at the site, with a total turnover exceeding $100m per annum. This represents a MINISTERIAL STATEMENT significant growth in turnover from just $40m in Cape Moreton Lighthouse Reserve 1996. Following the $35m upgrade, the Hon. R. J. WELFORD (Everton—ALP) Redbank workshops now have the capacity (Minister for Environment and Heritage and and ability to win more contracts, and this Minister for Natural Resources) (9.59 a.m.), by demonstrates why it is now acknowledged as leave: The Queensland Government and the biggest, most modern and productive the Commonwealth Government, through the wagon manufacturing facility in Australia. Australian Maritime Safety Authority, have Further investment planned within the next two agreed to the transfer of ownership of the years will give Redbank state-of-the-art Cape Moreton Lighthouse and its 159 hectare capacity for the maintenance, manufacture reserve from the Commonwealth to the State. and repair of all rolling stock and associated The former Premier, Mr Borbidge, signed that components. agreement and the transfer took place on 1 Job security and the creation of new job July 1997. As a result that land will be opportunities in regional Queensland remains dedicated as national park after 30 June this a key to the Government's employment year. initiatives, as has been our commitment to The Australian Maritime Safety Authority increasing apprenticeships and trainee transferred 41 lighthouse properties to positions. In the first six months of Queensland. Seven of those properties Government, approximately 582 fixed-term contain buildings of cultural significance. The employees in Queensland Rail, including 72 at Government is considering options to manage the Townsville workshops, have been those areas. The options include a call for converted to permanent employment. In expressions of interest in relation to the addition, there has been an in-principle commercial development of the sites. Those agreement between Queensland Rail options will be subject to further consultation management and the rail unions that will and a consideration of any potential impacts mean permanent jobs for another 150 fixed- on the conservation values of the surrounding term workers. Under this agreement, land. Queensland Rail has undertaken to limit the There is no doubt that the Moreton Island use of fixed-term employees to legitimate site is one of the most spectacular natural temporary situations and only when assets in Queensland. The land can be permanent employment does not meet their rightfully described as the jewel in the crown of business needs. Moreton Island—an island which is already Under the last Government, 95% national park, in line with its outstanding approximately 1,300 Queensland Rail natural values. The history of this land can be positions had been allowed to become fixed- traced back to 1911, when it was vested to the 10 Mar 1999 Ministerial Statement 403

Commonwealth under the Lighthouses Act. from Northpoint", that area being part of the The Commonwealth never sought full title to lighthouse reserve. the Cape Moreton property and it has Some of the illegal squatters are remained, since 1911, under the category of attempting to get the Beattie Government to transferred property—vacant Crown land in the change its mind and to allow them to stay. I right of the Commonwealth. wish to advise the House and the Opposition Under the Australian Maritime Safety Act that my Department of Natural Resources has of 1990, all lighthouse properties held by the offered every assistance to these people to Commonwealth were vested in the Australian vacate the island in an orderly manner. We Maritime Safety Authority, which decided to have even offered to help with rubbish return them to the States. The AMSA entered removal. into an agreement with Queensland to return There is no doubt that the natural values the property on Moreton Island on the proviso of this land are unique. It is a spectacular that it was protected as conservation or natural asset on the doorstep of south-east national park by 30 June this year. Queensland and we expect it to become one The Beattie Government intends to of the State's most popular recreation areas. provide the level of protection consistent with Our intention to create a new camping area the natural values of this Moreton Island and day-use facility and renovate one of the property. We believe all Queenslanders should lighthouse service buildings as an be able to enjoy this area as national park. interpretation centre, to the benefit of all The only current impediment is a small group Queenslanders, will be greatly welcomed by of people occupying the land illegally. We the broader community. By adding this land to have now advised these people that they have the Moreton Island National Park, we will no rights to remain, and served them with a protect its unique features for future lawful notice requiring them to vacate as soon generations and open up one of the State's as possible. This action should have been most significant natural recreation areas for taken some time ago. everyone to enjoy. In fact, the former Minister for Environment, Mr Littleproud, wrote to these MINISTERIAL STATEMENT people on 21 August 1997 advising that the QAS Heroin Information Brochure then coalition Government would "use provisions of relevant State legislation to Hon. M. ROSE (Currumbin—ALP) remove the squatters and their structures". Not (Minister for Emergency Services) (10.05 a.m.), surprisingly, they failed to follow through on by leave: The number of children and this action. The Brisbane Lord Mayor, teenagers taking hard drugs is increasing, Councillor Soorley, also wrote to these people while the ages of the victims are decreasing. on 22 September last year, asking them to Of the 400 overdose patients treated by leave. Mr Soorley stated— ambulance officers in the past 12 months, 74 were aged from 12 to 19 years. Disturbing "The illegal settlers' avoidance of statistics show that children as young as 12 land rates and rent over many decades and 13 are experimenting with alcohol and amounts to a gift from the rest of the marijuana and then progressing to harder community worth tens of thousands of drugs such as speed and heroin by the age of dollars to each settler." 15 or 16. The trend continues to increase as The Beattie Government has quite rightly, heroin becomes cheaper and more potent. and legally, taken action to move the illegal Ambulance officers, particularly those squatters. Lawful notices of trespass were sent working in the south-east corner of the State, to them on 12 February this year. Eleven of are called to between 30 and 50 overdoses a the estimated 45 owners of illegal structures month. One particularly disturbing case on the island have already agreed and involved a Brisbane girl who overdosed on indicated in writing to my Department of heroin at her 14th birthday party. Fortunately, Natural Resources that they will remove their she survived. But ambulance officers are belongings within the required period. One of continually saddened and frustrated by the the occupants, a Mr Stumer, has written to my seemingly pointless cycle of self-destruction department offering to donate some of his they see week after week from people remaining materials to the Queensland addicted to heroin and other life-threatening Government. Mr Stumer concludes his letter drugs. It is not unusual for them to be called by stating, "I support the Government's more than once to revive the same person, responsible decision to remove all squatters sometimes in the same week. 404 Ministerial Statement 10 Mar 1999

One Brisbane paramedic, Ron kinds of drugs at a highly impressionable age. Henderson, saw the futility of saving the lives It is a war that this Government is prepared to of overdose victims only to find them in the fight. After all, it is our children's lives that are same predicament a week or a month later. at stake. The Queensland Ambulance Service He and other ambulance officers decided to brochure initiative is part of a whole-of- help heroin addicts break their deadly habit Government approach to the problem of drug with an initiative that has been described by addiction. It will complement other the director of a drug rehabilitation centre as Government strategies to tackle the issue the best innovation in the fight against drugs in head-on. five years. The success of this brochure proves that Under the program paramedics give there are ways we can help heroin addicts overdose victims graphic details of how close break the cycle of abuse. If it saves just one they came to death and where they can go for person from a life of desperation, it has been help. The information is contained in a worth it. brochure which ambulance officers hand to overdose victims once they have been revived. MINISTERIAL STATEMENT A trial was conducted in Brisbane and the Gold Coast over four months from last November to Department of the Premier and Cabinet the end of February. It was a resounding Hon. P. D. BEATTIE (Brisbane Central— success and widely hailed by drug users and ALP) (Premier) (10.08 a.m.), by leave: In the drug rehabilitation workers alike. Courier-Mail of today's date an article During the trial period, Brisbane's Teen addressing the comparative expenditure of my Challenge service recorded a marked increase department between the September 1997 and in people calling for help. Calls to Teen September 1998 quarters refers to a claim by Challenge for drug assistance increased from the Opposition that the "Premier's Department 35% to 59% in that four-month period cost $20.8 million to run in the same compared with the same period the previous quarter—up nearly $8 million from $12.2 year. The centre is now expanding its services million the same time the previous year". The Leader of the Opposition made similar claims to cope with the demand. The success of the both in and outside the House yesterday. trial has also prompted the Queensland Ambulance Service to expand the brochure The Opposition has referred only to initiative throughout the State. Ambulance expenditure in Program Area 011—Legislative officers in Brisbane, Ipswich, Toowoomba, and Executive Services, which includes the Townsville and on the Gold Coast will be the following areas: the Legislative Services first to receive the brochures, which will be Program—Office of the Queensland placed in every emergency ambulance vehicle Parliamentary Counsel; the Ministerial Offices, in the area. The Sunshine Coast, Cairns, Opposition and Cross Bench Support Rockhampton and other regional centres will Program; and the Parliamentary and follow. Government Services Program. While the metropolitan areas of Brisbane, The increase in expenditure of $8.6m the Gold Coast and Ipswich are reporting a between the two quarters principally reflects, majority of the 400-plus cases the QAS firstly, the first grant payment of $5.279m to attends each year, drugs are a Statewide the Criminal Justice Commission, which was problem. More than 9,000 people in this State transferred to the Premier's portfolio following are addicted to heroin. Paramedics hope that the change of Government. In other words, it their brochure may help some people break was not in my department prior to the change the devastating cycle of self-abuse. They of Government. This payment was made from believe that the two or three minutes after a the Parliamentary and Government Services patient has been revived provides a unique Program pending the establishment in the window of opportunity for them to get home department's financial systems of a separate the fact that the person nearly died. area to record the payment of funds to the CJC to support its operations. The second Ambulance officers have reported that expenditure of $3.267m was to meet coalition many addicts were surprised that someone costs incurred due to the change of actually cared about their welfare. It is vital that Government. The third expenditure was an we get across the message that we do care. additional $0.6m in aircraft repayment costs We care about the future of our society and following the purchase by the previous we care about the wellbeing of our young Government of a second aircraft, which we children, who are increasingly exposed to all supported. 10 Mar 1999 Private Members' Statements 405

It is quite erroneous and misleading for hours to 12 midnight on the evening prior the Opposition Leader to attempt to compare to Anzac Day." the expenditure of two very different departments. It should be quite evident to all members that he is trying to compare apples PRIVATE MEMBERS' STATEMENTS with oranges; I warn the gallery to be careful of Gordonstone Strike figures used by the Opposition. I table for the Hon. R. E. BORBIDGE (Surfers information of the House the relevant Paradise—NPA) (Leader of the Opposition) documents highlighted to prove the points I (10.12 a.m.): This morning we saw the have made. incredible announcement by the Premier that the taxpayers of Queensland will be funding NOTICES OF MOTION the Gordonstone strikers to the extent of $200,000 through a new community-based Beattie Labor Government trust. What we have seen announced are Hon. R. E. BORBIDGE (Surfers special programs, special assistance, special Paradise—NPA) (Leader of the Opposition) favours for special Labor mates. (10.11 a.m.): I give notice that I shall move— Let us have a look at the record of some "That this House condemns the of the hardened professional strikers who are Beattie Labor Government as a can't do protesting at Gordonstone. There are some 17 Government which is placing jobs growth professional strikers who are leading the at risk and diminishing potential for future charge up there at Gordonstone. Most of them employment expansion by— are receiving an income of up to $600 per 1. Pursuing regressive anti-employment week. In respect of former employers and and anti-employer policies that will employees of that particular mining project, the harm small business, including former employees were paid out. There was a forcing unfair dismissal laws on firms settlement. with 15 or fewer employees. Mr Johnson: $4.6m! 2. Damaging Queensland's Mr BORBIDGE: It was $4.6m, as the international reputation by failing to honourable member for Gregory reminds me. condemn the aggressive, illegal and disruptive activities of the CFMEU at But what we see in this place today is a Gordonstone and Sun Metals at further indication of the side that the Townsville, or to intervene in these Government is taking in this dispute. Not disputes. content with the performance of the honourable member for Fitzroy, the Premier 3. Cancelling or failing to pursue major today seeks to announce $200,000 of job creation infrastructure projects Government funds to support the very people which would have generated tens of who are placing investment strategies in this thousands of jobs. State at risk. Through this fund, he is 4. Wholesale abandonment of major supporting people who are being given special water infrastructure projects including favours, special assistance, where that level of Flinders Dam, Finch Hatton Dam, St support is not made available to other Helens Creek Dam; and dithering Queenslanders. over Nathan Dam and Paradise What about the businesses in Emerald Dam. that are close to bankruptcy as a result of 5. Presiding over a can't do these 17 hardened strikers whom the Premier administration which has proved itself is seeking to re-employ and deploy in the incapable of delivering major Emerald area? What we see time and time investment projects for Queensland." again from this Government is how it is continuing to side with the Gordonstone strikers. Anzac Day Trading Hours Time expired. Mrs LIZ CUNNINGHAM (Gladstone—IND) (10.12 a.m.): I give notice that I shall move— "That this House will, as a matter of Jindalee State School Fire urgency, ensure necessary changes are Mrs ATTWOOD (Mount Ommaney—ALP) made to licences attached to all licensed (10.14 a.m.): At 3 o'clock in the morning the premises including those operating under peace was interrupted by the pressing sound a cabaret licence to restrict their trading of a fire siren. So close to home, it was the 406 Private Members' Statements 10 Mar 1999

Jindalee State School that was on fire, as I hours for surgery to a badly slashed arm. The found out the next day. At first it was thought Minister called him a drunk. She has also to be a switchboard fault. Q-Build was alerted gagged union officials and other staff and were out to assess the damage, along members throughout Queensland Health. We with the principal and me, first thing Monday see in the Gold Coast media today that there morning. I immediately asked for a safety are official guidelines that state that staff are check of switchboards in all schools in the local not allowed to speak to the media—not area to be carried out. allowed to talk about the problems in the The estimated cost of the damage was hospitals. between $5,000 and $6,000. It was later I never thought in this day and age that I found that the cause was not a faulty would hear a senior female Labor Minister switchboard, but that the fire was deliberately pleading that she was being picked on for lit. It is appalling that such vandalism and total being a woman and that the Opposition disregard for public property exists. Do the should go easy on her. There are a number of offenders not realise that whatever damage weak Ministers, some of whom are women they do, it is the public—the taxpayer—who and many of whom are men, in this can't do ends up paying for it in the long run? Beattie Government. It is an insult to all women that Health Minister, Wendy Edmond, Thanks to alert neighbours living around after scapegoating hospital staff and patients the school, the fire brigade was notified for her mismanagement now adds the status immediately and arrived at the scene within six of women to her list of victims. Minister minutes. Water damage was minimised and Edmond wants the Opposition members to let the fire was extinguished before more damage her off the hook for her incompetence. This is to classrooms occurred. I would like to thank not going to happen. If she cannot stand the the alert neighbours for taking the situation in heat, she should get out of the kitchen. hand, and I praise the Mount Ommaney fire crew for an excellent and efficient call-out. Luckily no-one was hurt on this occasion Electorate of Cairns and the incident did not disrupt classes as it Ms BOYLE (Cairns—ALP) (10.18 a.m.): I was during the holiday break. The efficiency of am pleased to inform members of this House Q-Build in assessing and organising repairs of that tomorrow is the 100th anniversary of the the damage is to be commended, and I thank election of the first Labor member to the seat the Minister for Public Works for his assistance of Cairns. Mr Thomas Givens of the Australian in expediting the repairs. I also thank the Labor Party was elected as the member for Minister for Emergency Services for ensuring Cairns on 11 March 1899, and served until 11 that the fire services are sufficiently staffed and March 1902. In 1904 he became a senator trained to allow these quick response times. and served the people of Queensland in this role for 24 years. Minister for Health Labor's election to the seat of Cairns in March of 1899 was nine months ahead of the Miss SIMPSON (Maroochydore—NPA) proud day in December of that year when the (10.16 a.m.): Days after celebrating first-ever Labor Government was elected—the International Women's Day, Health Minister, first Labor Government not only in Queensland Wendy Edmond, has undermined the status but in Australia. For only two and a half of of women by pleading for leniency on the these 100 years has the seat of Cairns been basis of her gender. Mrs Edmond's woeful held by a non-Labor representative. That was performance in her portfolio is the reason she an Independent member who served for the is under attack in the Parliament, not because period 1902 to 1904. Over this century, the she is a woman. No coalition member has seat of Cairns has boasted its share of called this Health Minister a "dog", as Labor illustrious members: Premier William Minister Bob Gibbs did when he attacked a McCormack, Attorney-General John O'Keefe female coalition Minister. Mrs Edmond has and my predecessor, Treasurer Keith De Lacy. been judged on her handling of her portfolio I also recognise the longest serving of all the and her ability has been found to be wanting. members for Cairns, Mr Ray Jones. There is a $50m blow-out in hospital I suggest to the House that this long budgets and nearly a doubling of the wait history of Labor in Cairns reflects the times for semi-urgent surgery under this Labor characteristically pioneering and progressive Minister. The Minister is sacking staff, closing people from diverse cultural backgrounds who hospital beds and abusing patients such as have settled and developed our northern the Gold Coast man who waited more than 28 city—a proud history for us in Cairns and for 10 Mar 1999 Private Members' Statements 407 the ALP. Tomorrow, 11 March, we celebrate Sandgate State High School this history. I salute all those who have gone Mr NUTTALL (Sandgate—ALP) before me as members for Cairns and the (10.22 a.m.): The recent debate on drugs people who over this century have contributed affords me the opportunity to speak of a to making Cairns the important, vibrant tropical positive program currently being run in my city it is today. electorate. During 1998, Sandgate State High School and the Queensland Police Service, Drug Courts through Senior Sergeant Paul Fitzpatrick of the Sandgate police, have been working together Mr SPRINGBORG (Warwick—NPA) to promote drug and alcohol awareness. The (Deputy Leader of the Opposition) principal, the two deputy principals and other (10.20 a.m.): In the past week it has been staff, as well as four senior students, worked amusing to see the Queensland Labor Party very hard both in support and work effort with stumble over itself in a hasty and desperate respect to these issues. bid to adopt coalition policy. It is no secret that During the early part of last year the the State coalition has long been at the students approached Senior Sergeant forefront in tackling the problem of drugs in our Fitzpatrick for assistance. As a consequence society. That is why the State coalition and with the assistance of the Queensland announced that it would trial a drug court police media section, a press release was program in Brisbane when re-elected at the issued advising of the student and police next State election. Of course, at the time of involvement in addressing the issues of drugs the announcement there was no indication of and alcohol and their effect on youth. As a support from the Premier. Equally, there was result of this exposure, the Courier-Mail no indication of support from the member for published an article relating to the students. Ashgrove, who last week said that a drug court The 11 AM program on Channel 7 interviewed trial should be set up as a matter of haste. the students and Channel 10's Totally Wild Instead, the Labor Party ran dead. When program did two segments on the work they the Attorney-General was questioned about were involved with. A local radio station also the proposal, all he could say was, "Let's wait interviewed some of the students. I and see how the trial in New South Wales understand also that a film group was goes first." Members could imagine my examining and considering the contents of surprise when in the Sunday Mail a week ago I that material and information to see if some of read that the Premier was now wanting to look it could be used in its 1999 production. at a trial of the drug court program, and they The school, the students, Drug Arm and could imagine my surprise when I heard the Senior Sergeant Fitzpatrick conducted two member for Ashgrove endorse the Premier's public awareness information sessions in May comments. and August for parents, students and It certainly speaks volumes for the members of the Sandgate community. Premier's credibility when we realise that he Further, with the participation of the school and was unable to offer bipartisan political support Senior Sergeant Fitzpatrick, it is hoped that all at the time a working model of the proposal classes at Sandgate State High School will was first suggested by the State coalition receive a drug and alcohol harm minimisation almost six weeks ago. The Premier ended up lecture before the end of this school year. endorsing the proposal only after the Victims Some of the current Year 12 students are of Crime Association, the Civil Liberties Council continuing the good work commenced in and drug support groups positively heralded 1998. It is very enlightening and encouraging and offered their support for the coalition's to see and hear of such enthusiasm by the initiative. youth of Sandgate State High School. Drug courts do work. Various models have been trialled in the United States. Some Sunshine Coast Firefighters models work better than others. It should also Mrs SHELDON (Caloundra—LP) be noted that in the United States drug courts (10.24 a.m.): I raise a matter of concern are not used solely for people on heroin. They regarding firefighters on the Sunshine Coast. work for people addicted to a host of drugs The coalition in Government gave permission and for people with alcohol problems. I urge for the Caloundra fire station to relocate. It the Premier to work with the coalition in a provided over $1m for it to do so. I genuine spirit of bipartisanship to develop the congratulate the current Minister on following concept of drug courts as a matter of urgency through on that project. Firefighters will now be to tackle the very serious health issue of drugs able to shift into the station that was allocated in our community. by the coalition Government. 408 Private Members' Statements 10 Mar 1999

I draw the Minister's attention to residents of Forestdale for their open-minded firefighters' concerns that locker rooms, approach to their local concerns. showers and toilets will not be provided in the I believe that communities throughout section that was being built to house them, Queensland want sensible, bipartisan particularly when they are off duty and at night. approaches to the drug abuse problem. The Those facilities were certainly included in the Premier reported on the productive bipartisan budget and should be provided. People discussions that were had at the meeting of should not have to walk outside that unit and Premiers last week. We will not get anywhere if go into the main office in order to use those we focus predominantly on a "lock 'em up" facilities. approach to people with drug addictions and It is also of concern that the firefighters in political point scoring on drugs. That is what Caloundra and the Sunshine Coast have been the coalition parties have focused on, despite ordered to decrease their manning levels. A the bipartisan rhetoric from the member for safe manning level is one officer and three Warwick today. firefighters per shift. That was working under Cities such as New York that have had a the coalition Government. It has worked in tough approach to drug addicts and zero Caloundra and on the Sunshine Coast for 10 tolerance policing practices have spent billions years or more. of dollars building prisons. In fact, it was The ratepayers of Caloundra have been recently reported that there are more black paying the highest fire levy for some time now. youths in jails than in college in New York. They should receive the appropriate crewing They are now trialling drug courts and level of one plus three or have a reduced fire mandatory participation in structured support levy. Caloundra ratepayers provide $2.1m to programs to get people back on track. This the Queensland Government through the fire approach is showing promising results. levy. The Caloundra station budget is around Our Government is being tough on crime $1.5m, so $600,000 or so goes to other areas. and tough on the causes of crime. One cause This is the same situation as in Maroochydore of crime is drug addiction. This is the way and in Bundaberg. forward. No-one can promise the residents of Firefighters know that they have to work Forestdale that there will be no more drug within a budget—they are trying to do so—but users in their park, but as their State member I a lot of their budget overspends are due to will be pushing for more sensible, effective, courses that the employer, the Government, bipartisan solutions to our drug problem. requires them to do—courses such as senior first aid and resuscitation, which will improve the service given to the public. Government Support for Unions Time expired. Mr SANTORO (Clayfield—LP) (10.28 a.m.): If there was ever any doubt that this Government is totally controlled by the Drugs union movement, it was dispelled in this place this morning when the Premier handed out Ms STRUTHERS (Archerfield—ALP) $200,000 of taxpayers' money to support (10.26 a.m.): Residents at the Forestdale people who basically sent a company broke, Community Association meeting last week decimated its commercial success and got a were shocked to hear that some syringes were payout. In this place today they got another found in one of their local parks. Forestdale is $200,000. a unique acreage development in the Archerfield electorate and it has a strong This Government is showing that if people community spirit. I was pleased to see this go on strike, cripple a company, send it broke community spirit emerge at the meeting. The and get a payout, they will get another payout Forestdale residents did not respond by here. This Parliament was shown this morning panicking about the syringes. They did not call that if people go on strike, go on a picket line on the police to raid the parks and run the and get arrested, they get sanctified by the drug users out of their suburb. Instead, they law-makers opposite. spoke sensibly about a range of strategies to Mr Borbidge: They get rewarded. deal with the drug problem. Mr SANTORO: They get rewarded, as the They discussed practical and safe clean- Leader of the Opposition said. This is a up strategies. I also discussed with them the Government by the unions and for the unions, importance of the drug prevention programs as its changes to unfair dismissal laws, entry and innovative treatment programs that our rights to workplaces for unions and changes to Government is implementing. I commend the workers compensation laws will very quickly 10 Mar 1999 Questions Without Notice 409 prove. It is nothing but a puppet of the union Mr BRADDY: We do programs and work movement in this State and the people of in order to do worthwhile projects. What I was Queensland will judge it harshly at the next saying was that the money voted for Breaking election. the Unemployment Cycle was not the Time expired. appropriate expenditure. For example, the Strand is a very worthwhile project. People are working on it, but it does not create new jobs. QUESTIONS WITHOUT NOTICE Separate money has been voted for it. We Townsville Strand; Cairns Esplanade; support and do the work on the Strand. We Barron Gorge support and will do the work in Cairns. But it is important that the voting of the money for Mr SANTORO (10.30 a.m.): I refer the those particular programs—— Minister for Employment, Training and Industrial Relations to a memorandum that I Mr SANTORO: I rise to a point of order. have obtained under freedom of information For the assistance of the House, I table a copy which mentions the promises that were made of the ministerial briefing notes. to the people of Townsville in relation to the Mr SPEAKER: Order! There is no point of Strand and to the people of Cairns in relation order. The member will resume his seat. to a special employment project announced Mr BRADDY: I repeat: what we will do is there by the Premier and the Minister prior to ensure, as a Government of integrity, that the election. The memorandum to which I am moneys that were voted—— referring, which was obtained under freedom of information, says that no jobs will be created Mr SANTORO: I rise to a point of order. under those particular programs that are being The Minister is misleading the House. That funded by the employment programs of the briefing note talks about the Community Jobs Minister, and I ask the Minister: why did he Program and the funding of those projects mislead the people of this State prior to the under that program. election? And will he now admit that those Mr SPEAKER: Order! There is no point of particular programs will generate no jobs, as order. The member will resume his seat. indicated in the advice that was given to him Mr BRADDY: I repeat: the Strand by his department and in a question time brief program is going ahead. It is a good project, which he brought into this place but which he but we will make sure that it is funded has not yet used? separately from Breaking the Unemployment Mr BRADDY: The reason for the question Cycle. It is quite easy for anyone to time brief and the resulting confusion in the understand if they have any goodwill or any mind of the member for Clayfield is, of course, understanding. The programs should go that he cannot distinguish the difference ahead, and they are going ahead. There is between programs which create results by separate money for the Strand, but it is not capital works expenditure and which could be coming out of the money that was specifically worth while in themselves and programs which set aside for creating jobs for people who have are designed to create jobs. been long-term unemployed. It is very easy to What I was making clear to the understand. The honourable member Government and through my department was deliberately fails to understand it. I am quite that certain programs were designed primarily sure that the people of Townsville understand to create jobs, and expenditure put aside by it fully and that the balance of the people in this Government for those programs should this Parliament who have goodwill and who create new jobs. It does not in any way take wish to understand it also understand it. away from the importance of programs like the Time expired. Strand or those in Cairns—no way whatever. What I was making clear is that the Government has a responsibility, and I support Coalition Financial Management those programs on the Strand and at Cairns. Mr SULLIVAN: I refer the Premier to Mr Santoro: But you're not going to continuing coalition claims that they were good create any jobs. financial managers, and I ask: is the Premier aware of any evidence to support that claim? Mr BRADDY: We do not just do programs to create jobs; we do programs and work—— Mr BEATTIE: The bottom line is that the answer is: no. Before I respond in detail to that Mr Santoro interjected. question, let me make it absolutely clear that Mr SPEAKER: Order! The member for my Government is committed to upgrading the Clayfield! Strand in Townsville, and my Government is 410 Questions Without Notice 10 Mar 1999 committed to upgrading the Esplanade in It is a very dangerous thing to be a Liberal Cairns, and we will do it. It does not matter Party candidate. how much the Opposition tries to undermine Townsville and Cairns, let me tell the people of Townsville and Cairns that we are right behind Townsville Strand; Cairns Esplanade; them. Barron Gorge Mr SANTORO: I rise to a point of order. I Mr SPRINGBORG: I remind the Premier find offensive the comments and the of the meeting held on 23 September 1998 suggestions by the Premier that I am seeking between officers of his department, Treasury to undermine Townsville and Cairns, and I ask and the Department of Employment, Training him to withdraw them. and Industrial Relations and to documents resulting from the meeting which indicated— Mr BEATTIE: I rise to a point of order. I said "the Opposition"; I did not refer to the "The majority of Community Jobs member. It is a generic term. Plan projects identified in the ALP's pre- election documents were indicative only Mr SANTORO: Hansard will show that the and did not represent firm Premier referred to myself, and I find his commitments"— comments—— and I will table those documents— Mr SPEAKER: Order! The Premier "with the exception of the Townsville referred to the Opposition. Strand and Barron Gorge Projects." Mr BEATTIE: I referred to the Opposition. I ask: when will the Premier advise all the Let me make it absolutely clear: the people of communities to whom such "indicative" Townsville and the people of Cairns need to promises were made before the 1998 election know that this Government knows where they that these promises were not firm are on the map and the Opposition does not. commitments? Let me come to the issue of the Liberal Mr BEATTIE: Talk about a storm in a Party's financial management, or lack of it. Do teacup! Talk about trying to beat nothing into members remember the six-month freeze that something! This is just another Opposition it imposed when it came to Government some beat-up. two years ago, which cost jobs? Or do they remember the palatial headquarters that the A Government member: As good as the Liberal Party had in Spring Hill which it had to one yesterday. move out of? Then, of course, we had some Mr BEATTIE: Yes, it is as good as the wonderful decisions made by the previous one yesterday; that is right. The Opposition coalition Government. Leader managed to hoodwink a few people in However, I must say that I was very the gallery—until I now produce the results concerned to read in the Sunday Mail on the today—and he will try to do the same thing weekend the disclosure that the Liberal Party again. is threatening to put the debt collectors onto During the last election campaign, I gave election candidates, who allegedly owe the a firm commitment that we would upgrade the party $150,000 for campaign assistance. The Strand. Are we doing it? The answer is: yes. All Liberal Party is going to sue its candidates. one has to do is go to Townsville, and what What an extraordinary state of affairs! What does one see? Work is being done all the way happened to all the public funding that went to down the Strand. Do members know why? I the Liberal Party? What ought to happen is walk there when I am in Townsville. I go and that the Liberal Party candidates should be have a look. We gave an indication that we suing the party hierarchy for false pretences. would assist with the Esplanade in Cairns. And That is what ought to happen. The Liberals are we doing it? The answer is: yes. promised their candidates and supporters the Mr Santoro interjected. world and delivered nothing more than the dangerous liaison between the Nationals and Mr SPEAKER: Order! The member for their soul mates at the time—I hate to say Clayfield will cease interjecting. it—One Nation. The article headed "Libs to call Mr Hamill interjected. in debts" states— Mr BEATTIE: That is right. The Deputy "The Liberal Party is threatening to Leader of the National Party is not interested put debt collectors on to election in driving jobs in Townsville, but I am. candidates it claims owe $150,000 for The issue is very simply this: in a number campaign assistance." of the programs that were put forward, we 10 Mar 1999 Questions Without Notice 411 sought to get a number of jobs as a result of I have been contacted by Brian Horwood, the the money invested in the programs run by the general manager of Pacific Coal Pty Ltd, the Honourable the Minister's department. In operators of Gordonstone mine. I have spoken terms of the Strand, there was communication to Mr Horwood and he has welcomed the between the council and the Government in Government's initiative in establishing the trust. relation to the number of jobs. What we did Whilst Pacific Coal maintains that it has no was simply this: we decided to directly fund the obligation to former employees of Strand project. Gordonstone, do honourable members know Dr Watson: What about the others? what the company has done? It has committed $200,000 to enable the trust to get Mr BEATTIE: Mr Speaker, Opposition under way immediately and to fulfil its members are continuing to be rude, as usual. objectives. I thank the company for that We decided to directly fund the Strand project contribution. because it is an important project. And what did we say to the Townsville council—"We Mr Borbidge: More fool them. want another project where we can get the Mr BEATTIE: Let the record show that the same number of jobs." This is about jobs and Leader of the Opposition said, "More fool sustaining existing jobs. What we have done in them." The Leader of the Opposition has Townsville is not only fix the Strand but get attacked Rio Tinto and Pacific Coal in this another project where there will be more jobs. Parliament. The Leader of the Opposition The Opposition is seeking to undermine attacked an attempt to provide something for the work on the Strand. My Government will that community. Let the people of this State have none of it. I tell the people of Townsville know exactly where the Leader of the that we are right behind him. Let everyone in Opposition stands. We have an Opposition Townsville understand that we are witnessing that attacks the Government and which is an attack on Townsville today by the interested only in politics and not in solutions. Opposition. Let it be widely reported that the My department has also been contacted Liberal Party and the National Party hate by the CFMEU, which supports in principle the Townsville so much that they are prepared to establishment of the trust. I just remind try to undermine the work that we are doing on everyone that the objectives of the trust the Strand. Opposition members can hate include creating job opportunities through Townsville all they like. We love Townsville. encouraging business development. Why And not only will we deliver on the Strand, we would an Opposition, which supposedly will be delivering a lot more to that great city in supports business, attack business? Secondly, the future as well. one aim of the trust is to initiate programs which aim to provide young people—and the Opposition is attacking young people—from Central Highlands Community Employment Central Highlands communities with the Trust knowledge, skills, attitudes and values that will Mr PURCELL: I direct my question to the enhance their chances of gaining and holding Premier. I refer to the Premier's statement to long-term employment. What is the other the House this morning relating to the Central objective? The third objective is to reduce Highlands Community Employment Trust. I unemployment in the community, particularly ask: has the Premier discussed this initiative targeting displaced Gordonstone employees with local community leaders, the mining and the long-term unemployed. I congratulate companies and the unions? Pacific Coal for its immediate support of this project. I call upon other interested parties, Mr BEATTIE: The answer is yes. What we including the Federal Government, to support have seen this morning from the Opposition is the local community at this difficult time. an attack on the Government. This is just a continuation of the Opposition's disgraceful I noticed in the Central Queensland News attempt to undermine people. The trust is a letter that represents the view of the about finding jobs for people at Emerald. It is Opposition. The letter reads in part— about assisting people at Emerald. It is about "Our women's support group runs a looking after the city. cool chest of soft drinks here on the line Since my announcement this morning on an honour system. It is clearly marked concerning the Central Highlands Community on the chest that the soft drinks are $1 Employment Trust and the initial contribution each. Several days after Jim Pearce's of $200,000 from the Department of arrest, Vaughan"— Employment, Training and Industrial Relations, Johnson— 412 Questions Without Notice 10 Mar 1999

"came to our picket line uninvited and Mr SPEAKER: Order! If honourable helped himself to two cans of soft drink members had been quiet they would have which he did not pay for." heard the withdrawal. Mr JOHNSON: I rise to a point of order. Mr BORBIDGE: I rise to a point of order. Honourable members interjected. Mr SPEAKER: Order! I am making my Mr JOHNSON: I rise to a point of order. point here. We have arrived at a situation where there is some contention about whether Mr SPEAKER: Order! Just a second. I am the Premier has withdrawn. I am very happy to on my feet. The House will come to order. read the Hansard of this matter and get back Mr JOHNSON: The Premier has blatantly to the Honourable the Leader of the misled the House this morning. What he has Opposition and the member for Gregory and just said is an untruth. I say to the Premier that give an answer. I think that is the way to go I did not even have a can of soft drink with the because otherwise what we will have here is picketers at the picket line, but I did have soft an uncontrolled House. I do not intend to let drink in my car. I gave two cans of soft drink to this House get out of control. That is my two police officers who were sweltering in the decision. If the member wants to dissent from midday sun—police officers who were not my decision, that would be quite within his supposed to be at the picket line but were rights. I believe that this is the way to restore there because of these thugs who were decorum in the House. standing over the people there. Mr BORBIDGE: I rise to a point of order. Mr SPEAKER: Order! We do not need— Mr SPEAKER: Order! We cannot have Mr JOHNSON: I ask that the Premier two points of order. We have two now. withdraw that statement because it is a slur on Mr BORBIDGE: With respect, no-one on my character. this side of the House heard the Premier Mr SPEAKER: Order! Resume your seat. withdraw. If he did in fact withdraw, surely he can clarify the matter. Mr BEATTIE: I was simply reading from an article in the Central Queensland News Mr BEATTIE: I withdraw. I said it. I will do which I table. it again. I table the document and I withdraw. Mr BORBIDGE: I rise to a point of order. Mr JOHNSON: Mr Speaker, I thank you for your ruling but at the same time I put it on Mr BEATTIE: If I could finish the answer I the record here today that I will be making think I can resolve this matter. I table the representations to my legal advisers on this article and I withdraw. matter and I will be pursuing it further. Mr BORBIDGE: I rise to a point of order. Honourable members interjected. Honourable members interjected. Mr SPEAKER: Order! Mr SPEAKER: Order! Let us all sit down Mr JOHNSON: This has been a slur on and settle down. my character. Mr JOHNSON: Mr Speaker— Mr Schwarten: Over two cans of drink. Mr SPEAKER: Order! Resume your seat Mr JOHNSON: I heard the interjection while I am on my feet. The situation is that the from the other side. I do not know who said it; Premier has withdrawn that statement. I think perhaps it was the member for Rockhampton, that is the end of the matter. The Premier has the Minister for Public Works and Minister for withdrawn. Housing. I say to you, Mr Speaker, that I am Honourable members interjected. surprised that the Premier has descended into this type of innuendo. It is certainly a slur on Mr SPEAKER: Order! I am on my feet. my character. I find it offensive. I give you the The member for Crows Nest, I will be warning mail, Mr Speaker, you haven't heard the you in a second. The situation is that the bloody end of it. member for Gregory has taken a point of order. I allowed him to go on for a fair time. Government members: Oh! The Premier has now withdrawn at the Mr SPEAKER: Order! The member will member's request— withdraw that unparliamentary language. Mr JOHNSON: He has not. Mr JOHNSON: I withdraw that unparliamentary language, but I give you the Mr SPEAKER: Order! He has. mail, Mr Speaker, you haven't heard the end Honourable members interjected. of it. 10 Mar 1999 Questions Without Notice 413

Mr SPEAKER: Order! That is all you need followed by the ACT, then New South Wales, to do. We will continue with question time. then South Australia, and then Queensland gets a guernsey. Out of the $1.3 billion of Federal aid contracts that go overseas, Refund of Payroll Tax Queensland gets 10%, or $130m. We have a Dr WATSON: I refer the Minister for population base of around 18%, yet we get Employment, Training and Industrial Relations 10% of those contracts. to one of his party's key promises from last The majority of our 10% goes to a country year's State election where he promised that with whom we have very strong economic employers on the verge of retrenching 50 or ties—Papua New Guinea. That country already more employees would be refunded $100,000 has strong ties with Queensland. So one has in payroll tax. In October last year he indicated to ask: what are the reasons for Queensland that guidelines were being prepared. I ask: has dipping out in relation to foreign aid? One this job saving fund become operational? If so, reason has to be that our companies are not how many jobs have been saved by it? Are up to the mark—and I suspect that is the one there any additional guidelines for qualifying of the reasons that Canberra uses—and the for assistance beyond those announced in his only other reason can be that there is a cosy party's election platform? mates' club. They know when these contracts Mr BRADDY: This, of course, is a matter come up and they look after each other; when for the Treasurer and the question should these contracts come up, they go out and get have been directed to him. I will say, however, them. I think that is closer to the mark in terms that the matter is certainly under discussion, of the reality. including the whole question of the labour One then has to go the next step and adjustment fund, how many people are ask: who is responsible for the distribution of covered by it, what types of businesses are these contracts? Primarily, it is the Department involved, how much should go towards of Foreign Affairs and Trade headed by unemployed people and how much should go Alexander Downer. However, the person within towards businesses. I suggest that the the Federal Government who has the role and honourable member takes that matter up with responsibility of delivering this program is none the Treasurer at an appropriate time. other than the member for Moncrieff, Kathy Sullivan. So a Queenslander, who has been in Overseas Aid Contracts the job for quite a few years now and who must know that Queensland companies are Mr LUCAS: I ask the Deputy Premier and not getting a fair go, has the responsibility for Minister for State Development and Minister these contracts as they come up. for Trade: can he inform the House of the level of overseas aid contracts distributed by the The nature of these contracts is changing Federal Government being received by from hard infrastructure, such as bridges and Queensland business? roads, to soft infrastructure, such as supporting the Government with various systems— Mr ELDER: I thank the member for the systems that run Government and systems to question. It is a pretty important question assist Government. It just so happens that, in indeed when one looks at the distribution of the goods and services area, Queenslanders foreign aid by the Federal Government. There and Queensland companies have a lot of are various sources for foreign aid. It can be expertise. So at the end of the day, why is it done through the World Bank or through the that we are not getting a fair go? We have the Asian banks. The one over which we are able expertise, but we are not getting a fair go. to have some input and control is the Federal What is the value in John Howard having Government's aid program. Most of it is not Kathy Sullivan as a Parliamentary Secretary? delivered in money; most of it is delivered in Kathy Sullivan is responsible for the delivery of contracts to the private sector, which provides Federal aid contracts, yet there is no those particular services in those particular recognition of Queensland skills and countries. Let me say that I agree with that Queensland companies are not getting a fair approach. There is no criticism of that go. It is about time that something was done approach. about it. The concern I have is where the money is going. An analysis of the Federal aid contracts over the past few years has shown that Building and Construction Industry Training Queensland is losing, and losing big time. The Fund fact of the matter is that the biggest winner in Mr BEANLAND: I refer the Premier to these contracts is Victoria, which is then claims made in Parliament and in his media 414 Questions Without Notice 10 Mar 1999 release of Monday headed "Employment plan Mr BEATTIE: That is right; 600 pumps up apprenticeship numbers" that his apprenticeships will come out of that. We are Government's foresight and commitment in doing something about giving our young establishing a Building and Construction people a chance. This is a passion of this Industry Training Fund has contributed to the Government. I am always happy to answer a growth in apprentice numbers between question about apprenticeships; we are going January 1998 and January 1999. I ask: how to drive them, because it is the way of the can the Premier support these claims when future. Without those sorts of apprenticeships, legislation setting up the Building and our young people will not have the Construction Industry Training Fund was not opportunities they need to have. passed until late last year and the fund could What do we have on the other side of not have promoted the increased numbers of politics? We have the conservatives in apprentices as he claims? Canberra destroying university opportunities. Mr BEATTIE: I thank the honourable They are going to make it so expensive that member for his question. Do members know my children and the children of most people in why? Because it is such a great scheme! That this House will not be able to afford to go to is why. It has been a very effective scheme for university. Some of the universities in Sydney driving apprenticeships. Let me make it will be charging people a couple of thousand absolutely clear: this Government is going to dollars or more just to get into their courses. In drive apprenticeships, because for the past 20- dentistry, it will cost $100,000. That means odd years the Government has not been that most of the children of working-class playing its role in driving apprenticeships. Any people would not be able to get an education smart economist will tell members that if we under the Liberal/National Parties in Canberra. want to be competitive in this world and we They are seeking to destroy university want to drive jobs, we have to have a well- education in this country. If we are going to be educated, well-trained work force. competitive in the world, we have to be a smart country and a smart State. My side of The Minister for Employment, Training politics is about advancing that. The and Industrial Relations and the Ministers for conservative side of politics is about destroying Public Works and Transport have been doing the future of our young people. something that has not been happening in this State for a long time: they are giving young Look at the swill that we saw other Queenslanders a job in Government. They are day—that wonderful performance from the giving them apprenticeships. How many have former president of the Liberal Party who talks we got in QR? about Australians in a derogatory way. I will come back to that. What about John Elliott? Mr Bredhauer: 150 in Queensland Rail. What is his advice? This is the ugly side of Mr BEATTIE: 150 in QR. conservative politics that seeks to destroy apprenticeships and Australia as we know it. Mr Schwarten: 140 in Q-Build. Mr BEATTIE: 140 in Q-Build. We are going to have almost 25,000 apprenticeships Goods and Services Tax and traineeships during the life of that scheme Ms STRUTHERS: I draw the Treasurer's over the four years that it is in operation. attention to comments made by National Party Mr Braddy: A 46% increase in Senator Bill O'Chee at a recent sitting in apprenticeships to February this year. Brisbane of the Senate inquiry into tax reform, and I ask: was Senator O'Chee Mr BEATTIE: A 46% increase in misrepresenting evidence provided to the apprenticeships to February this year. This inquiry in Queensland? Does the senator's scheme is about giving Queenslanders a go. stance on tax reform show him to be acting in I welcome any question about the best interests of his constituents? apprenticeships because, along with many Mr HAMILL: I thank the honourable people who are concerned about the future of member for that question. In fact, I noted also our youth, we know that young people have to a press statement that obviously made its way be given apprenticeships and traineeships. We to the North-West Star from the same senator, are working with group training schemes; we who is supposedly representing Queensland's are making certain that they have an interests in Canberra. opportunity to build public housing. In that press statement in the North-West Mr Schwarten: 600 apprenticeships. Star, Senator O'Chee claimed— 10 Mar 1999 Questions Without Notice 415

"The Queensland Government's Middle Age Unemployment objections to the GST were just a party Mr DAVIDSON: I refer the Minister for political stunt and not a true reflection of Employment, Training and Industrial Relations its position on tax." to the Federal parliamentary Hansard record of Senator O'Chee also went on to state—and I 10 February in which his Labor mate Martin find this quite extraordinary— Ferguson said— "... Mr Beattie had agreed to the GST at a "... as important as the issue of youth premiers' conference last November." unemployment is, the biggest problem confronting Australia is not so much youth I was at that Premiers Conference. Senator unemployment but middle age O'Chee was not there. I know only too well, unemployment, especially those over 45 and I thought everyone in this place—in fact, years of age"— everyone across Queensland—knew the position of the Queensland Government with and I ask: what employment initiatives of the respect to the GST, and that is that we do not Minister's own Government are specifically support the GST. In fact, that position has aimed at the over-45s? been represented twice to the Senate inquiry Mr BRADDY: Certainly our Government of which Senator O'Chee has been a member. can take great pride in ensuring that the It is factual information that has been initiatives that have borne such fruit already, as presented to that inquiry not by me as the detailed by the Premier in terms of State Treasurer but, in order that there was no apprenticeships—— political spin put on it, by the Under Treasurer, Mr Santoro: You can't take credit for that. Mr Gerard Bradley, a very respected public servant. Mr BRADDY: In the two years that the Opposition was in Government, Mr Bradley presented material to the apprenticeships in this State fell by 11% to Senate inquiry in Canberra before Christmas 12%. In the year from February 1998 to and he was asked to present material again February 1999—— when the Senate inquiry met in Brisbane last week. All we had at that inquiry was a rather Mr SANTORO: I rise to a point of order. undignified display from Senator O'Chee, who The Minister is deliberately misleading the seemed not to be able to grasp the point that House. I quote from a document that has the GST would be detrimental to employment been provided—— prospects in this State, reliant as it is on Mr SPEAKER: Order! There is no point of service industries. order. However, I am pleased that the Mr SANTORO: There are documents that Queensland Government's submissions exist, and the Minister knows that under our certainly made headway with Senator Conroy Government apprenticeships increased—— from Victoria, who is also reported in the same Mr SPEAKER: Order! There is no point of North-West Star article as stating— order. The honourable member for Clayfield "Queensland taxpayers would be will resume his seat. worse off than those in other States and Mr BRADDY: In the year from February there would be widespread job losses if 1998 to February 1999, over 3,300 extra the tax package was introduced." apprentices were employed because of our policies. We are encouraging young people to Maybe we would be better represented in work for the Government and we are Canberra if Senator Conroy came from encouraging employers, through cash Queensland and not from Victoria. I would have thought that as Senator O'Chee is based incentives, to take on apprentices. That 46% in Cairns, he would have been more sensitive increase is unprecedented in the history of to the needs of Queensland. Queensland. This Government takes direct action. If Mr Bredhauer: He's never been based in one reads our documentation on Breaking the Cairns; he's a casual visitor. Unemployment Cycle—and we have discussed Mr HAMILL: Senator O'Chee must just these programs already—one will see that we write "Cairns" on his press releases. If that is deliberately aimed hundreds of millions of the quality of the representation that Senator dollars at the long-term unemployed, whether O'Chee provides to Queensland, it is little they be young people, middle-aged people or wonder that the people of this State rejected whoever. That is encouraging people to get him at the recent Federal election. jobs. Projects are coming in from all around 416 Questions Without Notice 10 Mar 1999 the State, from local authorities and other bridge was built across the river from West End groups—— to St Lucia. That letter ignores the route Mr Hamill: A $4.8 billion Capital Works changes that we introduced to incorporate Program. South Bank and the QUT Gardens Point campus, which has 13,000 students, and that Mr BRADDY: Indeed. Breaking the will cater for residents and tourists. That letter Unemployment Cycle is aimed primarily at two ignores the fact that we have redesigned the groups of people: young people, who are South East Transit Project and the inner being given training and apprenticeships, and northern busway so that, in time, the light rail middle-aged people and others who have route can be extended to the Gabba and been unemployed long term. We are finding through the inner northern busway route. That jobs for those people throughout the State—in letter ignores—in fact, it argues against—the the regions and in the metropolitan areas—so integration of light rail and heavy rail, despite that they can regain their confidence and the evidence that has been gleaned from develop skills and, at the same time, carry out overseas. projects that are worth while. At 31 meetings around the State, this Government has been However, worse was to come. The consulting with the people of the regions on member for Clayfield wrote ways to create jobs for the long-term "... at the very least I believe that the unemployed who are primarily older or middle- Federal Funding should not be open aged people. We have done that work and ended and without certain conditions." programs are under way already. Of course, The member for Clayfield is actually trying to some programs do not employ young people; scuttle Federal funding for this important they employ existing workers to make sure that infrastructure project, yet it was John Anderson those people retain employment. who helped us to get the project off the Time expired. ground. After my representations, John Anderson helped. Brisbane Light Rail Project Mr SANTORO: I rise to point of order. Obviously I find the comments of the Mr FENLON: I refer the Minister for Honourable Minister for Transport offensive. I Transport and Minister for Main Roads to the am not trying to scuttle any—— Brisbane Light Rail Project, and I ask: can he advise whether he has any concerns regarding Mr SPEAKER: Order! The honourable the attitude of coalition members to this member can only ask for comments to be project? withdrawn. Mr BREDHAUER: The Beattie can-do Mr SANTORO: I ask that the comments Labor Government is delivering the Brisbane that refer to my attempts to scuttle the project, Light Rail Project. I would have thought that, which I find offensive, be withdrawn. as this Government is delivering a $235m Mr BREDHAUER: I withdraw. Who is the infrastructure project which will generate up to spokesperson for Transport? Is it the member 500 jobs during construction and up to 80 jobs for Gregory or the member for Clayfield? They permanently and which will deliver an sit over there like Snugglepot and Cuddlepie. important light rail service to the people of the Obviously the member for Gregory did not inner city, the project would have been want to wind this issue up, so he got his mate welcomed by the Opposition. While the the Liberal member for Clayfield to do it. I was member for Surfers Paradise and the member a bit concerned when I read the letter because for Gregory whinged, whined and carped for I thought it was a concerted attack, but when I six months about the provision of $65m from read it again I discovered that it was just a little Canberra, we actually delivered the money so-so. and we are delivering the Brisbane Light Rail Project. Honourable members can imagine my Parliamentary Standards surprise when I discovered a seven page letter Mr BORBIDGE: I refer the Premier to his from the member for Clayfield to John commitment to improve parliamentary Anderson, the Federal Transport Minister, standards, and I ask: how are parliamentary undermining the Brisbane Light Rail Project. standards improved when his Minister for That letter dismisses out of hand the concerns Health accuses a hospital patient of being of residents of West End, Highgate Hill and St drunk, and how are parliamentary standards Lucia about the safety, noise and public improved when he alleges that a member of amenity concerns that they would have if a the Opposition front bench is a thief? 10 Mar 1999 Questions Without Notice 417

Mr BEATTIE: No such allegation was gone to 11. That shows that women have the made in relation to the member for Gregory, energy and talent to enter the Parliament. We and he knows that. I simply referred to a letter are committed to seeing an increase in the that had been published in a local newspaper. number of women in this Parliament. I have to What we saw—— say that there are not a lot of women on the Mr Borbidge interjected. other side of the House. Will I stand by the women in my Cabinet? You bet! Mr BEATTIE: I put the question: who is disrupting the Parliament? I am asked a question and I cannot even give an answer Female Ministers, Accountability because the Leader—here we go! Mr BORBIDGE: I ask the Premier: is he Mr BORBIDGE: I rise to a point of order. seriously suggesting that, under his The Premier read the allegations into Hansard parliamentary standards, a member of the and gave them parliamentary privilege. He Labor Party who is a Minister of the Crown, on knew that they were not true. an annual package of $160,000 plus, should Mr SPEAKER: Order! There is no point of not be subject to scrutiny and accountability in order. this place because that member happens to be a woman? If the Premier is saying that, he Mr BEATTIE: I quoted from an article. If is insulting every woman in Queensland. the Leader of the Opposition wants to try to damage the reputation of the member for Mr BEATTIE: I am happy to take the Gregory because of internal brawls, that is a question of the Leader of the Opposition. Here matter for him. I have simply referred to a we go again. We have this continual attempt letter. Frankly, had I read the rest of that letter to undermine the women in my Cabinet. What it would have been more damaging, but I did hypocrisy! not. I read a small extract from it. Opposition members interjected. The bottom line is this: all people in the Mr BEATTIE: Here they go again. Do they gallery have to do is watch what happens at want to hear the answer, or do they want to question time. Ministers seek to answer continue to be rude? It is a matter for them. I questions and they are continually interrupted. am happy to wait. The Leader of the Opposition and others are Mr Springborg interjected. taking needless points of order simply to disrupt this process. Mr BEATTIE: Here we go. The shadow Let me deal with the issues. The first Attorney-General is now being rude. Will I get issue related to the member for Gregory, and I to answer the question? have dealt with it. The second point is this: An Opposition member interjected. there have been continual attacks by the Mr BEATTIE: We now hear from the Opposition on the women in my Cabinet. deputy leader. I am happy to wait; it is the There are more women in this Cabinet than Opposition's question. there have ever been in the history of Queensland. There are four women in this Opposition members interjected. Cabinet, which is more than there have ever Mr SPEAKER: Order! The House will been in the 140 years that this State has been come to order. a colony or a State. I am very proud that we Mr BEATTIE: Thank you, Mr Speaker. I hold the record for the most number of women appreciate that. in Cabinet. That is only the beginning. The bottom line is this: I will not allow the It is important to let every Queenslander Opposition and its Leader to undermine the know that there is an insidious campaign by women in my Cabinet. What we have seen the Opposition to try to undermine the women from the Opposition is the greatest piece of in my Cabinet. I will stand by every one of hypocrisy since the Battle of Waterloo. Its them, because when it comes to quality and members come in here and put in disgraceful merit they are above anyone on the performances. Opposition benches. If we want to look at talent, we can see it on the Government side. Mr Veivers interjected. Were it not unparliamentary, I would ask them Mr SPEAKER: Order! The member for to stand up; however, they stand out on their Southport will cease interjecting. own. We have never before seen such talent. Mr BEATTIE: If they want to talk about I am delighted that since the last State some of the members in here, let us talk about election, whereas we previously had six the members of the Opposition who have women on our side, that number has now continually and rudely interjected. We have 418 Questions Without Notice 10 Mar 1999 already seen their performance this morning allocated on a needs basis by the hierarchy of as an indication of—— the Queensland Police Service, and that is the Mr Quinn interjected. way it should be. Allocations to the regions are made by the executive of the Queensland Mr Cooper interjected. Police Service, which includes the Mr SPEAKER: Order! The members for Commissioner of Police and his assistant Merrimac and Crows Nest will cease commissioners and the senior public servants interjecting. attached to the Police Department from the Mr BEATTIE: I think that last year this corporate affairs area and human resources. Parliament was a credit to all of us; that In turn, when those allocations are made to members on both sides behaved in a way that the regions, the assistant commissioners in was a credit to all members of Parliament—the each region are responsible for allocating the Independents and all of the political parties. I resources allocated to them. thought that last year we were a credit to The role of the Government is to provide Queensland and the people we represent. I the additional police and financial resources am referring to all members of this Parliament. needed by the Police Service, and the Police This year there have been a number of Service itself, which is the expert in these instances that I think were unparliamentary, matters, allocates those resources on a needs and improvement needs to be made. I am basis. We all know that record numbers of prepared to work with you, Mr Speaker, and recruits are entering the Police Service and the Leader of the Opposition to improve record numbers of retreads are being recruited parliamentary performances. from other States and overseas. Those Mr Santoro interjected. numbers have improved, and I give credit to the former coalition Government for that. Mr SPEAKER: Order! The member for However, we are again putting through record Clayfield will cease interjecting. That is my final numbers—much higher numbers. warning. It was very heartening to read the level- Mr BEATTIE: Mr Speaker, I am prepared headed comments of the new shadow Police to work with you, because I thought the Minister, Mike Horan, who said in the Courier- statement you made to the Parliament last Mail on Saturday, 6 March this year that there week was a sensible one that all members are always two sides to the story regarding should listen to. I am prepared to work with police resources. We have seen a little too you and with the Leader of the Opposition to much sniping about police resources not being resolve this matter. I have raised this issue in allocated properly. The new shadow Minister my party room. The Leader of the Liberal Party went on to say— indicated on talkback radio yesterday morning that there had been no similar discussion "The position I always take is to within conservative ranks about improving the support the police in the first instance, standards of the Parliament. We all know that and if there has been an inefficient use of it takes two to tango. In other words,Mr resources, I have no doubt the Speaker, the Opposition did not take seriously professional mechanisms of the police what you said last week. The Leader of the services will rectify that." Liberal Party was heard on Carolyn Tucker's That contrasts very markedly with the position program stating that there would be no taken by his predecessor, the member for discussion about these issues. Do members Broadwater, during his very brief period as the know why? It is because the Opposition knows shadow Minister. The member for Broadwater that if it can disrupt the Parliament it will not tended to take cheap shots when the Police only damage this institution but also the Service reallocated resources. He was very Government. That will not work. quick to criticise when people were moved from one region to another or from one centre within a region to somewhere else. He took a Police Resources shot on one such occasion. And then when on Mr MUSGROVE: I refer the Minister for another occasion the Police Service properly Police and Corrective Services to the fact that moved officers to readdress an imbalance, he lately there have been several complaints criticised that movement also. He took what about the allocation of police resources, and I was very clearly an extremely hypocritical ask: can he explain who allocates police stance of criticising those reallocations. resources? It is a matter for the Police Service to do Mr BARTON: I think everybody in this that. That is its role. It is the expert at that. I place knows that police resources are congratulate the new shadow Minister on his 10 Mar 1999 Questions Without Notice 419 very sensible comments in this regard. Little Mr BARTON: I think it must have been, wonder the Leader of the Opposition has because I have an official brief on that and I given the member for Broadwater a period on know whom I will believe. the backbench to reflect on the errors of his Mr SPEAKER: Order! The member has ways. asked the Minister to withdraw. It is parliamentary procedure that he does. Proactive Support Group Mr BARTON: I will withdraw. This is the man who then went on to tell the staff at Mr PAFF: I ask the Minister for Police and Borallon who challenged him that he was Corrective Services: in view of the success totally opposed to the private operation of achieved by the Proactive Support Group in prisons and, when he became the Minister drug initiatives, random urine testing, high after the next election, he was going to fire security escorts, the training of corrective them all. He was going to march in the front service personnel and security audits and gate and fire them all and get rid of the private reviews within the corrective service operations of Borallon prison. That is the installations, which has assisted with the credibility of this member. further detection of drugs and the tightening of In terms of the PSG, the report, security, why has a recommendation been Corrections in the Balance, by the team made in the Peach report on the Corrective headed by Frank Peach recommended to me Services Review Unit to abolish this group? that the Proactive Support Group as such be Further, with the recognised fact that problems disbanded. I think we need to put that into occur within months of the opening of new context. The skills and resourcing of the Corrective Services facilities and with the Proactive Support Group are skills that can be upcoming opening of the SEQ1 and SEQW used and will continue to be used if I accept prisons, why has he abandoned a mobile that recommendation, and I certainly do intend quick response group designed to respond to to accept that recommendation. They will be the envisaged trouble first-hand and quickly? utilised in a more effective manner across Is the Minister aware whether the reasons are Corrective Services in this State. as simple as are being rumoured and are politically motivated by the fact that this unit It is not a question of doing away with was proposed under a coalition Government? those people or those skills. They will be reallocated in terms of their audit capacity in Mr SPEAKER: Order! The member will particular. Far too much emphasis was been ask his question. placed on turning them into little Rambos, Mr PAFF: One Nation was invited to running around with riot guns and forming attend the graduation parade of this unit in turtles with riot shields when the great bulk of July 1998. their training was part of their audit capacity. I think that was the intention of the previous Mr BARTON: Of course, there were about Minister. Their audit capacity is very important. six questions in that little sojourn, but I will try We will be using them in that way. They will be to remember them and answer them in turn. reallocated across the prison service. Mr Bredhauer: It was a radio serial. Of course, there has been a massive increase in the number of staff in prisons. It is Mr BARTON: It certainly was a radio they who have been allocated primarily to the serial. Of course, this question was asked by new drugs area. We are getting exceptionally the member who, several weeks before the good results with the additional prison staff last election, turned up at Borallon prison, was that this Government allocated as well as the on prison property without any authority, was additional equipment for prisons that we have roaming around and, when challenged, initially allocated. We have also enhanced that said he was the Minister for Police and equipment with six passive drug sniffer dogs in Corrective Services. Then when he was the past couple of weeks. We are also buying challenged on that fact after they recognised machines that can sniff out drugs on visitors or him, he said, "No, but I will be after the prisoners around the prisons. The PSG will be election." reallocated in a proper manner. Mr PAFF: I rise to a point of order. That is not right. The Minister is misleading the House. Mr J. Elliott That is not correct. I did not say that, and I ask for that to be withdrawn. Mr MICKEL: I refer the sartorially elegant Premier to comments by the former Federal A Government member interjected. President of the Liberal Party, John Elliott, 420 Questions Without Notice 10 Mar 1999 who, as this Courier-Mail cartoon shows, views. I find John Elliott's comments offensive. certainly has a nose for a story. Mr Elliott said I think if honourable members read them, they that Australians are stupid, insular and boring, will see exactly what sort of a man this person that Aborigines are a forgotten race and issues is. He says in this article— such as drugs are unimportant. I now ask: how " 'Can you imagine a sophisticated do these views compare with the Queensland Italian, French or English, they'd laugh at Government's policy on these matters? us, and so they should. Thank God I'm Mr BEATTIE: I thank the honourable closer to them ...' " member for Logan for this important question. In other words, he is not closer to being an Here we are seeing the ugly side of Australian; he would rather have been a conservative politics in this country. If one goes European. through the comments that were made, one finds that the comments are not only A Government member: He made his insensitive but that they are made by one of money out of Australia. those who believe they were born to rule. I see Mr BEATTIE: I have to say that he made the Liberal Party Leader in Queensland rise to his money out of Australia. If he does not want his defence. Anyone who can say that the to live here, that is a matter of personal choice. drugs problem in this country is not important But no self-respecting country in the world lives on another planet. would accept him. I say to John Elliott and those of his ilk, those who believe they were Six hundred people die of heroin born to rule: you do not represent Australia. overdoses every year in this country. That is a human tragedy. All leaders of the community, whether they are members of Parliament or Coastal Management Plan business leaders, ought to be concerned Mr ROWELL: I refer the Minister for about the loss of Australian lives. We will be Primary Industries to the Labor Party's coastal doing something, as I announced in the management plan, and specifically to the House yesterday, in relation to fighting this clauses which will "ensure no new aquaculture evil—this loss of life through heroin. I believe or maricultural developments are permitted in that the comments made by the former intertidal areas". As Minister for Primary Federal President of the Liberal Party are Industries, how can he condone such a policy offensive to all Australians. that will kill the development of this multimillion- Mr Elliott also attacked Aboriginal people. dollar environmentally regulated industry that There have been some very fine Australians has the capacity to generate thousands of who have been of Aboriginal descent, and let jobs? us name some of them in the interests of Mr PALASZCZUK: There has been making sure there is some balance: Neville extensive community consultation in that area, Bonner, a Liberal senator for Queensland and but I would refer the coastal protection issue to a distinguished Australian; Albert Namatjira, the Minister for Environment and Heritage as one of the greatest painters in this country. he is the relevant Minister. I suggest that the South Australian Governor, Sir Douglas member opposite directs the question to him. Nicholls, was another. He was not only a distinguished scientist, but a distinguished Australian. We have our own Deborah Tourism Advertising Campaign Mailman, a young and upcoming actress from Ms BOYLE: I refer the Minister for Mount Isa—all of them. There is a list of Tourism, Sport and Racing to the recent people, even down to Ernie Dingo; all these launch of Queensland's new $8m domestic people are great Australians. I think anyone tourism marketing campaign in Victoria and who seeks to denigrate another Australian is New South Wales, and I ask: can he advise un-Australian. We should be building ourselves the House whether the campaign has been up to work together, not to pull one another successful to date in making Queensland apart. more attractive to interstate holiday makers? Let us have the debate about the Mr GIBBS: Members would be aware that republic. I know that John Elliott does not think in February this year the Premier and I both it is important, but a considerable percentage launched the new advertising campaign for of Australians do, and they are entitled to their Queensland "Where Else but Queensland" in view. The monarchists are entitled to their Melbourne and Sydney. It was enthusiastically view. This is all about a tolerant society where embraced by southern media and, indeed, by we all believe in a fair go, where we believe the tourism industry here in Queensland and Australians are entitled to put forward their our representatives in the Queensland 10 Mar 1999 Statute Law (Miscellaneous Provisions) Bill 421

Government Travel Centres of both Sydney Mr GIBBS: I withdraw. I can only go on and Melbourne. I am delighted to report today the reports back to me. that, since the advertising campaign began, Mr SPEAKER: Order! The time for the offices in both of those States have questions has expired. reported a sharp increase in inquiries about Queensland holidays. The Victorian office reports a significant STATUTE LAW (MISCELLANEOUS increase in visitors to the office since the ad PROVISIONS) BILL began screening and has had very positive Hon. T. M. MACKENROTH (Chatsworth— feedback about the commercial. The Sydney ALP) (Minister for Communication and office also reports a flurry of activity, inquiries Information and Minister for Local and bookings, and forward sales for March are Government, Planning, Regional and Rural very strong. I guess the next figures make an Communities) (11.30 a.m.), by leave, without absolute mockery of the motion that the notice: I move— Leader of the Opposition has foreshadowed "That leave be granted to bring in a he will move in the Parliament tonight for a Bill for an Act to make various debate about jobs because it shows that, in amendments of Queensland statute law." terms of the tourism industry, we are heavily Motion agreed to. into job creation, as promised by the Premier. Listen to these figures: Sunlover Holidays, Tourism Queensland's wholesale arm, reports First Reading an increase in the number of bookings in Bill and Explanatory Notes presented and February 1999 of 10.8% in New South Wales Bill, on motion of Mr Mackenroth, read a first and a whopping 27.4% in Victoria compared time. with the numbers in February 1998. This is since the advertising campaign was launched. The dollar value of Sunlover sales in New Second Reading South Wales and Victoria has also increased Hon. T. M. MACKENROTH (Chatsworth— significantly in February. Sales in New South ALP) (Minister for Communication and Wales increased by 6.23% compared with Information and Minister for Local sales in February 1998 and by a massive 32% Government, Planning, Regional and Rural in Victoria over the previous February. Communities) (11.31 a.m.): I move— As Ministers on this side of the Parliament "That the Bill be now read a second keep saying, this is a Government that is time." performing. But again I come back to the point The Statute Law (Miscellaneous I have made in this Parliament earlier: where is Provisions) Bill 1999 is essentially an omnibus the activity on that side of the Parliament from Bill that incorporates legislative amendments the Opposition spokesman on Tourism? He that are concise, minor and non-controversial. stands condemned by his silence in relation to It is designed to save the time of the this issue. He stands for nothing in relation to Parliament by using one Bill to effect the the tourism industry in this State. He does amendments instead of 83 Bills. This nothing for the constituency he represents, streamlining of procedure not only saves time particularly in western Queensland. He has in the Parliament but also saves the time and gone around criticising and attacking the new resources of Government and departments. campaign launched by Tourism Queensland. My understanding is that the tourism industry No amendment involving policy changes considers him an extreme lightweight. or issues of substance are included in the Bill. Many of the amendments deal with outdated Mr SPEAKER: Order! references to the District Court in various Acts. Mr HEALY: Mr Speaker, I rise to a point These consequential amendments were made of order. That is untrue and I ask that it be necessary after the establishment of a single withdrawn. I did not run around attacking the District Court for the whole of the State in the campaign. I ask that the comment be Justice and Other Legislation (Miscellaneous withdrawn. Provisions) Act (No. 2) 1997. Another significant amendment is the amendment of Mr SPEAKER: Order! The member for the South Bank Corporation Act 1989 that Toowoomba North has asked for that increases the membership of the corporation comment to be withdrawn. by two members. 422 Radiation Safety Bill 10 Mar 1999

An amendment of the Environmental radioactive substances are used by the Protection Act 1994 inserts a provision rural sector in determining the moisture authorising the making of a regulation to content of soils to minimise water usage, implement national environmental protection while maximising crop production; measures. This is in accordance with the radioactive substances are used for State's intention to implement national determining the compaction of asphalt on environment protection measures as stated in roads during the construction and repair the National Environment Protection Council of roads; (Queensland) Act 1994, section 7. I commend the Bill to the House. radiation sources are used by the mining industry to assist with the location of Debate, on motion of Mr Beanland, mineral deposits and, once mining adjourned. commences, with process control, mineral analysis and quality assurance functions; RADIATION SAFETY BILL radiation sources such as level gauges and fat analysers are used in the Hon. W. M. EDMOND (Mount Coot-tha— production of packaged foodstuffs and ALP) (Minister for Health) (11.32 a.m.), by drinks to ensure that the contents of leave, without notice: I move— goods are consistent; and "That leave be granted to bring in a radiation sources are used by industrial Bill for an Act to provide for the control radiographers to examine welds and generally of sources of ionising radiation detect cracks to prevent the failure of and harmful non-ionising radiation, and engineered structures such as pipelines. for other purposes." Radiation also continues to be one of the Motion agreed to. essential tools of modern health care. It is now used— to sterilise medical supplies to combat the First Reading spread of infectious diseases; Bill and Explanatory Notes presented and as a diagnostic tool to assess not only Bill, on motion of Mrs Edmond, read a first whether a bone has been broken but the time. location of tumours or the failure of organs; Second Reading to treat cancer through the administration of radiopharmaceuticals or through Hon. W. M. EDMOND (Mount Coot-tha— radiotherapy; and ALP) (Minister for Health) (11.32 a.m.): I move— to perform a variety of surgical procedures involving the use of lasers which emit non- "That the Bill be now read a second ionising radiation. time." Though radiation offers many benefits, it is well As a result of a long and arduous recognised that radiation can threaten our legislative review process, it is clear that health and the environment. Both ionising Queensland's existing radiation safety and radiation and non-ionising radiation can result protection legislation will not take us into the in biological changes which are potentially new millennium. hazardous. The most usual adverse health The Radioactive Substances Act was effect from exposure to ionising radiation is based on model legislation developed by the cancer. Unfortunately, there is often a lengthy National Health and Medical Research Council period between exposure to radiation and the of Australia in the 1950s. This legislation was detection of a cancer—of the order of tens of enacted to regulate those sources of radiation years. which were primarily used for medical purposes Exposure to ionising radiation may also at that time, for example, X-ray machines used cause birth defects and other adverse genetic to assist in the diagnosis of medical conditions, outcomes. Exposure to non-ionising radiation and radioactive substances such as radium or may result in a variety of adverse health cobalt used in the treatment of cancer. effects. For instance, exposure to radiation However, over the last 40 years the use of produced by class IV lasers can result in radiation, both ionising and non-ionising disfigurement and other forms of skin damage, radiation, has become commonplace in a blindness, damage to organs and, in some diverse range of industries. For example— cases, even death. 10 Mar 1999 Radiation Safety Bill 423

It is for these reasons that strict controls radiation, such as industrial lasers used in the must continue to be placed on those activities workplace, will continue to be controlled which may result in the exposure of persons to through the Workplace Health and Safety Act radiation. In view of the potential health risks 1995. associated with the use of radiation since the Where there are negligible health risks late 1950s, the peak national and international associated with a radiation source, such radiation advisory bodies have developed and sources will be exempt from the requirements continually updated recommendations of all or some of the requirements of the concerning the hazards associated with legislation. For example, watches containing radiation. In particular, specific advice has radioactive self-luminous elements and come from the International Commission on domestic smoke detectors will be exempt. As Radiological Protection and the International with the existing legislative regime, the Atomic Energy Agency. However, the more Radiation Safety Bill continues to provide for recent recommendations of these bodies, the licensing of those persons who either— which have been put forward to further limit the risks associated with radiation exposure, want to possess a radiation source for a cannot be adequately addressed under the specified purpose; or current legislation. want to use a radiation source for a In order to redress the known deficiencies specified purpose; or of the Radioactive Substances Act 1958, a want to transport radioactive substances review of the legislation was commenced with by road, rail, air or water. a view to modernising Queensland's radiation As an adjunct to the licensing requirements of safety and protection legislation. The review the legislation, and in order to ensure that the included extensive consultations with the persons are not endangered by the way a Radiological Advisory Council in its capacity as possession licensee acquires or divests the ministerial advisory body established under themselves of a radiation source, the Bill also the Radioactive Substances Act, the relevant regulates the acquisition, disposal and professional bodies and other key relocation of radiation sources. stakeholders. The proposed policy framework for the Radiation Safety Bill was developed in The Bill provides for the implementation of light of recommendations emanating from— a comprehensive range of measures designed to promote radiation safety and protection in the 1990 Green Paper on the Regulation circumstances where— and Control of Sources of Ionising Radiation and the 1994 Green Paper a person may be exposed to radiation as Reviewing the Radioactive Substances a consequence of their occupation; or Act; and a person may be intentionally exposed to the development of a new system of radiation as part of a diagnostic or radiation protection by the International therapeutic procedure; or Commission on Radiological Protection in members of the public may be 1990, which was subsequently embraced unintentionally exposed to radiation as a by the National Health and Medical result of the widespread use of radiation Research Council in 1995. within our community. The Radiation Safety Bill, which is before this For example, prior to a possession licensee House, represents the culmination of this allowing a radiation practice to be carried out review process. One of the significant with a source in their possession, the licensee differences between the existing Radioactive must ensure that the radiation source, and the Substances Act and the Radiation Safety Bill premises at which the sources are to be used, concerns the scope of the new legislation, comply with the relevant radiation safety which is to be expanded to regulate not only standards. Compliance with these standards sources of ionising radiation but also sources will ensure, for instance, the equipment used of non-ionising radiation. by those persons carrying out a radiation However, not all types of radiation or all practice meets specified design requirements activities involving the use of radiation will be and is properly maintained. captured by the legislation. For example, only The licensee must also ensure that the those radiation apparatus which are capable of radiation practice can be carried out in emitting an amount of non-ionising radiation accordance with the licensee's approved which is prescribed as being particularly radiation safety and protection plan which, hazardous will be captured by the Radiation amongst other things, will set out requirements Safety Bill. Other sources of non-ionising concerning the provision and use of protective 424 Police Powers and Responsibilities and Other Acts (Registers) Amendment Bill 10 Mar 1999 clothing and equipment; the provision and use review and accountability mechanisms. For of radiation monitoring equipment; the use of example, the legislation— work practices and procedures designed to clearly sets out the administrative and minimise radiation exposure; the type of decision-making processes for the training which must be provided to those granting, renewal, suspension and persons carrying out the practice, as well as cancellation of licences and other the accident and emergency procedures which approvals; and must be followed should an untoward event occur. details the functions and powers of inspectors appointed under the A possession licensee must also ensure legislation; and that— ensures that those provisions of the a copy of the approved plan is always legislation that deal with compliance available for the inspection of those monitoring, investigation, enforcement, persons carrying out the radiation offences and proceedings for offences practice; and conform with modern legislative drafting only those persons who are adequately practices and paramount legislation such trained and appropriately licensed will be as the Legislative Standards Act 1992, carrying out the radiation practice; and the Penalties and Sentences Act 1992 and the Justices Act 1886; and a radiation safety officer has been appointed to assist with the incorporates both formal and informal implementation of the licensee's review and appeal mechanisms, which approved plan. enable an aggrieved person to have a The Bill also places a number of matter reviewed in a timely and cost- obligations on persons who carry out radiation effective manner. practices. For example, radiation therapists, I commend the Bill to the House. nuclear medicine technologists, medical Debate, on motion of Mr Beanland, imaging technologists and industrial adjourned. radiographers will all be required to— participate in the training program specified in the approved radiation safety POLICE POWERS AND RESPONSIBILITIES and protection plan for a radiation AND OTHER ACTS (REGISTERS) practice; and AMENDMENT BILL always carry out the radiation practice in Hon. T. A. BARTON (Waterford—ALP) accordance with the approved radiation (Minister for Police and Corrective Services) safety and protection plan for that (11.45 a.m.), by leave, without notice: I practice; and move— take all reasonable steps to ensure that "That leave be granted to bring in a the health and safety of persons, insofar Bill for an Act to amend the Police Powers as exposure to radiation is concerned, are and Responsibilities Act 1997 and certain not adversely affected by the way the other Acts to clarify requirements relating person carries out a radiation practice. to the keeping of registers under those Acts, and for other purposes." In recognition of the technical nature of the matters dealt with under the Radiation Motion agreed to. Safety Bill, the legislation makes provision for the establishment of a ministerial advisory First Reading body to be known as the Radiation Advisory Council. The primary function of this body will Bill and Explanatory Notes presented and be to provide the Minister with independent Bill, on motion of Mr Barton, read a first time. advice about the operation and application of the Bill. As such, the council will be comprised Second Reading of persons with expertise in the use of radiation and radiation safety and protection; Hon. T. A. BARTON (Waterford—ALP) at least one community representative; and (Minister for Police and Corrective Services) the Chief Health Officer. (11.46 a.m.): I move— Lastly, I would like to highlight that the "That the Bill be now read a second Radiation Safety Bill incorporates improved time." 10 Mar 1999 Police Powers and Responsibilities and Other Acts (Registers) Amendment Bill 425

The Police Powers and Responsibilities enforcement acts. "Covert acts" and Act 1997 and the Responsibilities Code "enforcement acts" are newly defined terms. represented a significant change for policing in The first register will record covert related Queensland. The legislation, for the most part, events. The second will record more generally received bipartisan support in its passage occurring events, such as the search of a through the last Parliament because there place, person or vehicle, the arrest of a were so many positive aspects to this person, and the giving of a move-on direction. legislation. This support existed even though Some existing requirements to record the task of consolidating police powers could information are implied by the Act: for not be completed at the time the Bill was example, the requirement to record introduced. The second and final stage of the information in the register with respect to a consolidation process will be completed with suspect being questioned about an indictable the introduction of a Police Powers and offence and the obligation to disclose the Responsibilities (Consolidation) Bill later this whereabouts of the suspect to an inquiring year. friend, relative or lawyer. The Bill will clarify A key element to the police powers and such implied requirements. responsibilities package is accountability. The Also, the intended links between the register requirements are an integral part of obligation to record information in the register the Act's accountability mechanism. The Act and the obligation to disclose information kept currently implies that the Police Commissioner in the register will be made clearer. A police must keep a register. When a police officer officer who does a covert act or an conducts a search, seizes property or arrests a enforcement act must ensure information person, information about that event must be about that event is recorded in the relevant recorded in that register. Other events which register. Exactly which entity's register is the must be recorded in the register include the relevant register will depend on whether the questioning of suspects about indictable officer doing the particular act is performing a offences; the exercise of powers under a function for the police service, the CJC or the search warrant or notice to produce QCC. For example, in the case of a police documents; the giving of a move-on direction; officer exercising a particular power while and information about what happens to seized performing a function for the CJC, whether or property. not the officer is seconded to the CJC under Under the Act a person who is the subject the Criminal Justice Act, the relevant register of such powers can ask for a copy of the will be the CJC register. The same principle will relevant register record. Any police officer apply to officers performing functions for other receiving such a request must comply as soon Queensland entities. as reasonably practicable. Another safeguard The situation is slightly different for a is the requirement for any police officer to police officer executing an arrest power or a disclose the whereabouts of a suspect, who is search warrant for another State or Territory being questioned about an indictable offence, law enforcement agency. In this situation the to an inquiring friend, relative or lawyer. officer is to record the event in the register as Additionally, a police officer applying to a though the function was performed for the justice for a search warrant or notice to entity to which the officer is normally attached. produce documents must disclose any other The situation with the National Crime relevant warrants or notices issued by a justice Authority is also slightly different. It has in the previous 12 months. Compliance with become apparent from the advice of the these disclosure requirements are made Crown Solicitor that any legislation passed by possible by recording the relevant information this Parliament that imposes register in a computer database that is accessible requirements on the NCA is likely to be Statewide. The Act also requires the constitutionally invalid. It necessarily follows commissioner to keep two other registers that the current requirements, to the extent relating to applications for surveillance or that they apply to the NCA, are also likely to be covert search warrants and the disclosure of invalid. information obtained using a surveillance The entities required to keep a register will device. be given the express authority to determine The new part 12A—Registers reflects the the form in which the register is kept. Also, the existing requirements under sections 72, 78, chief executives will be able to direct that 112 and 117 and introduces the following access be restricted to particular information if refinements. The registers will be of two types: disclosure could hinder or prejudice the a register of covert acts and a register of relevant investigation, or result in 426 Land and Resources Tribunal Bill 10 Mar 1999 embarrassment to the person, their family or Resources Tribunal, and clause 67 importantly an associate. As I previously indicated, the Act notes that a member of the tribunal who currently requires police officers to disclose participates as a mediator can then not be a information in certain circumstances. The member of the tribunal which subsequently information to be disclosed is recorded in a considers the matter. This, I note, is one register. However, three changes to the provision amongst others contained in the Bill register requirements resulting from this Bill will which will ensure that the members of the make full and absolute disclosure of the tribunal act in an ethical and appropriate information impossible. manner when exercising the jurisdiction that After the commencement of the proposed has been granted to the tribunal. amendments the Police Service, the CJC and The provisions of the Bill which I have the QCC will each keep their own registers. outlined to the House should provide Also, the registers kept by the entities will not indigenous persons who come before the generally be available for inspection by a tribunal with confidence that they will be police officer of another entity. The one treated fairly, appropriately and with the justice exception will be the register of enforcement which they have been for too long denied. It is acts kept by the Police Service. Generally, this a piece of legislation which guarantees that register will continue to be available for there is a sound and fair process that all inspection by police officers of all entities parties can pursue in dealing with the myriad including the NCA. Finally, if the chief permutations and computations that are executive directs, particular information within before us in terms of the different land the entities register will not be generally packages and the different historical available for inspection. circumstances pertaining to them. I support Because of these changes, the the Bill before the House. requirements imposed on a police officer to Mrs LIZ CUNNINGHAM (Gladstone—IND) disclose information will only apply to (11.56 a.m.): I rise to speak to the Land and information kept in a register the police officer Resources Tribunal Bill. I want to make a is entitled to inspect and information otherwise couple of comments and raise some questions actually known to the officer. It is necessary to on the basis of some correspondence that I extend the disclosure requirements to the have received. Initially, I would like to express second category of information to ensure that, my appreciation to the Premier for the as far as practicable, full disclosure occurs. accessibility of his staff to answer questions Clearly, information actually known to the from my office and also for briefings on the officer would not extend to information based amendments. I value that assistance. on rumour, vague suggestions or suspicion. What is commendable in this legislation is Additionally, the Bill recognises that joint that it has generally bipartisan support. I operations do occur between Queensland noticed in Mine Talk that the Mining Council entities or between Queensland entities and has given support to the principle of the Bill other declared law enforcement agencies. and that the Government has established a Finally, provision is made for the tripartite committee comprised of Aboriginal, correcting of the registers. If information is farming and mining representatives to watch recorded in one entity's register when it should the progress of native title over the next couple have been recorded in another, the Bill will of years. The Mining Council said— allow for the movement of such information. I "We support this initiative. The commend the Bill to the House. Mining Council's Chief Executive, Michael Debate, on motion of Mr Horan, Pinnock, will represent us on this group." adjourned. The fact that there has been close consultation has ensured that, generally, the LAND AND RESOURCES TRIBUNAL BILL legislation has received support. Second Reading I notice that the legislation addresses some concerns that have existed for some Resumed from 9 March (see p. 379). time with regard to the Mining Wardens Court. Mr FENLON (Greenslopes—ALP) I hope for everybody's sake—particularly the (11.54 a.m.): I have some final matters to deal landowners and other parties who are affected with in relation to the Land and Resources in actions before the court—that it is an Tribunal Bill. Honourable members will note effective replacement because a lot of grief that Division 5 of Part 4 of the Bill outlines has been generated over the years by specific rules to assist the parties to a dissatisfaction and frustration in dealings with mediation conducted by the Land and the court. 10 Mar 1999 Land and Resources Tribunal Bill 427

There are just a couple of issues from performance, albeit a very public review, which I would seek the Premier's response. cannot occur now. The appointments are The intention is that proceedings will be heard made and the effectiveness of the tribunal will by a single or a multiple-member panel. I hinge quite directly on the people who are believe that the decision as to the composition appointed initially. Unless there is a major of the panel rests with the president. One of problem, there is no opportunity to review the the three major criteria for the president's make-up of that tribunal for whatever reason, decision is whether the parties desire to have whether that be inappropriateness or whether the proceedings heard by a single or a that be a demonstrated lack of ability because multiple-member panel. However, in the event of what the tribunal ends up having to do. I where the president decides on a single- just wondered why we did not adopt the member panel but there are concerns raised Northern Territory model where the by one or both of the parties that it should be appointments were for five years and a multiple-member panel, is there a members can be reappointed. mechanism whereby the parties can express I know that the Queensland Indigenous that dissatisfaction or perhaps appeal that Working Group appreciated very much the decision? liaison that occurred between the department I also notice that, in the Premier's second- and them. I just wondered, with the most reading speech and in some of the recent group of amendments that were documentation that I have looked at since, this circulated yesterday, whether they were also tribunal will deal with cultural and heritage put before not only the Indigenous Working issues. I understand that there is another Bill Group but also the grazing and horticultural still to come. A paper was circulated about that organisations to get their feedback. I just particular function of the tribunal, and I believe wondered whether they had had a chance to that it was subsequently withdrawn. However, comment on those amendments and the there are some concerns about the clarity of impacts that they will have on the legislation. I the issues that may be referred to the tribunal also wonder whether the Premier could advise in relation to cultural and heritage issues. I whether it is his intention to expand the Land want to go back to that point. There is one and Resources Tribunal Bill to cover petroleum particular clause in the Bill on which I will be tenures; or will that be covered by alternative seeking some clarification. legislation? In the Northern Territory, I believe that the The Indigenous Working Group raised a intention is that the chairperson of the tribunal number of issues about the importance of the must also be a legal practitioner and will be independence of the tribunal. I do not think appointed for a minimum of five years. My that anybody would underestimate the critical understanding is that the chairperson can be nature of that independence not only being in reappointed after that period. I wondered why existence but also being seen to be in it is that, in the Queensland legislation, the existence. One of the concerns that they chairperson is a lifetime appointment under expressed was that the tribunal act quite the Supreme Court Rules. What rationale was independently of the Minister responsible. That used in not adopting the Northern Territory has been achieved in great measure by the model? I understand that the generic amendments that the department circulated argument is security of tenure and and brought up to my office, which we went independence of the tribunal. However, in through. I wondered whether that had satisfied relation to the Industrial Relations Commission the group's concern about what is like a in Queensland, there was a concern that the separation of powers issue or whether they still independence not only exist but also be seen had reservations. The Premier's officers went to exist. The members of that commission through and explained clearly why, in a couple were appointed and eligible for reappointment of instances, the Minister had been taken out at the termination of their terms. Historically, of the decision-making process. I am sure that, other than Mr Dempsey, I believe their on the face of it, that should give some reappointments continued without any major comfort to not only the Indigenous Working changes, unless one of them resigned. That Group but also to others who are affected. mechanism of reappointing a person after a I also seek clarification from the Premier specified term allowed for transparency in that, as to whether, upon the appointments of if the person did his or her job in a responsible members to the Land and Resources Tribunal, and impartial manner, that appointment was as with the appointment of members to made automatically. I wondered what the committees in this House, there will be a rationale was to use the Supreme Court bipartisan position adopted, that is, that the process where a review of the person's proposed list of appointees be available to the 428 Land and Resources Tribunal Bill 10 Mar 1999

Indigenous Working Group, the mining council Clause 40 addresses the specific and the graziers' and landowners' requirements for constituting the tribunal for organisations to ensure that they are content proceedings. The Indigenous Working Group with the proposed appointments. As I said, the has said that, given the qualifications for success of the tribunal will hinge greatly on the appointment of the presiding members under confidence that all parties have in the tribunal clause 8, appointed non-presiding members as it is appointed. I wonder whether the under clause 17 and referee non-presiding Premier is intending to canvass with those members under clause 18, there is no groups that have been involved intrinsically in mandatory requirement for a three-member formulating this Bill whether they will have an tribunal hearing a matter under the native title opportunity to comment on the proposed provisions of the Mineral Resources Act to appointments. include any person with experience in native title matters. Again, given the emotive nature One of their concerns related to clause of some of the cases, and the experience and 14, which was the proposal to allow for the expertise that it is necessary to bring to temporary appointments not exceeding one those deliberations, I wonder why that year. I notice that the Premer's amendments requirement was not incorporated in the Bill. I that have been circulated reduce that time to ask the Premier to clarify that. six months. It was explained to me that that reduction, albeit to answer in some way those The final concern of the Indigenous concerns, was also to accommodate the fact Working Group that I wish to raise relates to that every seven years the tribunal members clause 41 and the way that questions are to are eligible for a leave of absence for six be decided. This relates to advice that will be months. I think the feedback from the groups given to non-presiding members on the issue was fairly positive. They understood the need before the tribunal. The obligation on the Land for that time. I just wondered whether there is and Resources Tribunal is to observe natural still an opportunity, given unforeseen justice. The Indigenous Working Group has circumstances, for these appointments to be requested that any advice that non-presiding made not only to accommodate these leaves members and non-voting members give to the of absence but also for unforeseen tribunal be made in public so that all parties to circumstances and whether that six months' the hearing, that is, all parties to the issue, are appointment can be extended by a aware of all the information as it is presented. reappointment for a period of six months. That concern of the working group has come up in a number of situations relating to One of the major concerns—and I know landowners and issues affecting land tenure the Scrutiny of Legislation Committee raised and right-to-use property where advice and this issue, and I just seek the Premier's own information is passed on in such a manner belief that this concern has been addressed that all parties are not given equal access to not only adequately but also the information. I ask the Premier whether it is comprehensively—was that there was a his intention to ensure that all parties to an potential for tribunal members to have a action or to a tribunal matter will have equal pecuniary interest, that is, that they could have access to the information as it is presented. an interest in mining activity. I believe that, I commend the Premier on his under the Bill, they would still be able to have amendment that allows at-risk agreements that mining interest provided that all parties to that are currently in the process of being the mediation or the arbitration process were decided to continue as if the Bill did not exist. prepared to accept that interest and accept There is always a great deal of concern that the member who had the interest can act associated with at-risk considerations, and in an impartial manner. I wondered why that there are a couple of such issues in my issue was not made more clear cut than that in electorate. Landowners feel quite vulnerable in the Bill—that tribunal members must not have the whole process. On their behalf, I commend a pecuniary interest. I know that the simple the Premier for the initiative that was taken in response to that is that the members of the the amendments so that the at-risk tribunal have every right to have whatever agreements that are currently in place can economic investments they choose. However, continue without any impediment under the that raises the spectre of a conflict of interest. rules that people have come to know. Given the emotive nature of some of these In closing, I ask the Premier to clarify to issues, one could question why the harder line what extent the application for cultural and could not have been taken: that there be no heritage issues will be applied under the Land pecuniary interest in relation to mining interests and Resources Tribunal Bill and to what extent by members of the tribunal. those issues will be addressed by a 10 Mar 1999 Land and Resources Tribunal Bill 429 subsequent Bill. Landowners are concerned have made it clear that, through the process, that claims under this particular heading may all sides will need to give ground to achieve a be difficult to defend because of a lack of workable solution. clarity. I am keen to know to what extent the I will continue to go through the cheap Bill covers those issues and to what extent an political point scoring of the Leader of the alternative Bill will cover those issues. Opposition, who completed his convincing Hon. P. D. BEATTIE (Brisbane Central— demonstration of ignorance by asserting that ALP) (Premier) (12.13 p.m.), in reply: I thank all "certainty for the pastoral industry is a long way honourable members for their contributions to off". My Government has confirmed the this debate. I will endeavour to go through the tenures of pastoralists and they can freely matters that have been raised by members, carry out their activities in line with the including those raised by the honourable conditions of their leases. We did that to member for Gladstone. Some matters will be provide certainty. Similarly for the mining encompassed in full or in part in the industry, past grants have been validated, amendments and others I will respond to now. exploration has been removed from the right If there are any matters that need further to negotiate process and a simple and clarification, I am happy to do so when we streamlined mining lease process has been debate the clauses of the Bill. established. We have got on with the job and I shall start with the Opposition Leader's we have fixed it. The only uncertainty about criticism of the process, which he said was native title in this State is created by the fact piecemeal. I have to say that he was leading that the Federal Government has yet to give a with his chin when describing my final indication that our legislation complies Government's process as lengthy and with the Federal Act, and I will come back to piecemeal. As members would know, when that in a minute. the Leader of the Opposition was Premier, he It is important that we actually work had 18 months after the Wik decision to towards a solution in this debate. The Leader deliver a native title solution but he did of the Opposition has not done that, either as nothing. He has the hide to accuse me of Leader of the Opposition or as Premier. He dawdling when I passed legislation validating seeks to embellish these issues for political past grants within three months of taking purposes, just as he sought to do this morning office. We tackled that issue head-on and we when he accused me of saying that the fixed it. member for Gregory had been guilty of theft. I In his address, the Leader of the said nothing of the kind. Refusing to shout Opposition lauded Western Australia's so- hardly fits into that category. Incidentally, I called coordinated approach, but that State have spoken to the member for Gregory and has uniformly done absolutely nothing. It has he assures me that those accusations are not not passed legislation validating intermediate true and I accept unreservedly what he says. period acts, and my Government has. We did He is a very decent bloke and all members that because we wanted certainty of know that. He is good company and, in my investment. We moved quickly to do that, yet view, he is the sort of person who ought to be Western Australia has not been able to the Leader of the National Party. I have such achieve it. The Northern Territory has passed respect for the member for Gregory that, in my legislation, but it had to amend it on two view, he would be a much more substantive separate occasions to make it comply with the leader of the National Party. I accept what the Federal legislation, despite that legislation member for Gregory said to me. I make very being much more narrow in scope. I will come clear, and place on the parliamentary record, back to the need to consult with the the warm regard in which I hold him. I shall Commonwealth on these issues, because it is come back to the Bill. a matter of some difficulty that we are trying to Mr DEPUTY SPEAKER (Mr D'Arcy): I resolve. would appreciate it if the Premier would get The Leader of the Opposition accused back to the Bill. me of taking a biased approach to native title. Mr BEATTIE: Members opposite have I find that hard to accept from someone who claimed that the implementation of the State- put forward the one-eyed view of outright based regime has been delayed by four extinguishment of native title. How biased is months because this Bill is yet to be passed. that? I am sure that the Queensland The reality is that the Federal Government has Indigenous Working Group representative in been in possession of both pieces of the gallery will be amused at that inference of legislation since they were introduced last year bias. It is a ridiculous claim, especially when I and has still to decide whether it is comfortable 430 Land and Resources Tribunal Bill 10 Mar 1999 with it. If members opposite want to see the this issue through an amendment to clause 39 Beattie Government's native title regime in of the Bill. I will come back to that later. place—a policy shift on their part that I would The second question was: why is the naturally welcome—they should urge their status of the president equivalent to that of a Federal coalition colleagues to get on with it. Supreme Court judge? Unlike the approach of From the beginning I made it clear that members opposite, this Bill has been these matters were, in fact, subject to approval developed through lengthy consultation with by the Federal Government. That is what the the stakeholders. Both the Queensland Mining Federal legislation says. It is hardly my Council and the Queensland Indigenous Government's fault if it is delaying. If the Working Group, amongst others, argued for Commonwealth insists on further changes to the tribunal to have this status. My comply with the Federal legislation, then of Government not only consults; it listens. course we would consider that, because I want The third question from the Leader of the my regime in place as quickly as possible so Opposition was: did the Attorney-General that the mining industry, and exploration in consult with the Chief Justice regarding the Bill particular, can do what they do best, that is, and, in particular, the status of the president? I invest and create jobs. am happy to inform the Leader of the I am in the process of writing to the Prime Opposition that the views of the Chief Justice Minister to express my concern about the were sought by officers of the Premier's need for greater decision making by the Department during the consultation process. Commonwealth. In my letter I will be stating The fourth question was: has the issue of that we need to put in place a process so that prejudice to other parties that may arise out of we can understand completely what the hearings in camera been considered? I Commonwealth Government wants. In our acknowledge that this question raises an communications in respect of this and other important issue. The issue is dealt with in Bills it has indicated that it wants other clauses 48 and 49 of the Bill. Of course, the suggestions and amendments. We have manner in which the tribunal acts in matters included the amendments it has suggested in relating to native title will be dealt with by a the 13 amendments that I will be moving a presiding member who will be at the level of a little later. If there are any further Supreme or District Court judge. Accordingly, I amendments, the Commonwealth needs to am sure that people of such stature, well commit them to writing and advise us. capable of dealing with these matters, will act I am happy to adopt a cooperative appropriately. approach with the Commonwealth to get The fifth question of the Leader of the legislation that will work. As I said initially when Opposition was: will the Commonwealth allow introducing the legislation last year, the a presiding member to also be an NNTT legislation needed to go to the Commonwealth member? This issue has been specifically so that it could express its view. However, we accounted for in the Bill. Clause 28 states, have now gone past the informal stages. That "Nothing in the Act stops a member holding is why part of my letter will state— office as a member of the NNTT." Further, "I then propose writing to you Queensland officials have directly raised this enclosing the legislation with issue with their Commonwealth counterparts. amendments before those amendments As the Leader of the Opposition would are put to the Queensland Parliament." appreciate, the appointments of NNTT members are made by the Governor-General I will be seeking to get the Commonwealth to and, therefore, such appointments cannot be commit to its views in writing. We have had pre-empted. However, it is Queensland's enough of informal communication and the desire that at least some presiding members delays that go with it. become NNTT members for the purpose of the I will deal with the seven questions raised efficient operation of the tribunal. I am by the Leader of the Opposition. In the confident that those Federal appointments will interests of the new standards that I have occur. introduced into the Parliament, I will respond to The sixth question from the Leader of the each one in some detail. Let us look at the first Opposition was: are negotiations proceeding question, which was: what is the relationship with the Commonwealth regarding funding between the Land Court member on the issues? I am sure that front bench members tribunal and the presiding members? I can opposite will pass on these answers to the foreshadow that I intend to move an Leader of the Opposition. The simple answer amendment in Committee that addresses fully is: yes, they are. As the Leader of the 10 Mar 1999 Land and Resources Tribunal Bill 431

Opposition would know, these negotiations are environmental regulation. When we complex and time consuming. They also understand that, we see that it is not so involve not only Queensland but all other complicated and is a straightforward structure States and Territories. Since we are leading with well defined responsibilities. Australia in relation to native title legislation, I thank all members for their considered inevitably we are being delayed by this contributions to the debate. I thank the process—something that is unfortunate. I think Opposition for its support of the Bill and note a few other people need to get their act that the amendments I will move shortly will together. address the substantive points its members The seventh question was: when will the raised in their contributions. next series of Bills be introduced concerning native title and cultural heritage? The answer is I move to the concerns of the honourable simple. As I have indicated previously, further member for Gladstone. I thank her for her native title legislation will be required for acknowledgment of the briefing from my staff petroleum, hard rock quarrying and and the Native Title Unit in my department. compulsory acquisitions. A discussion paper Importantly, as the member knows, I ensured has been released regarding a comprehensive that the Leader of the Opposition, the Leader review of petroleum legislation, including native of One Nation and the Independents were title issues. In relation to cultural heritage, a briefed appropriately on the amendments so review seeking public submissions was that no-one was surprised when they came advertised very widely on 6 February. Those into the Chamber. submissions are due by 29 March and, Let us deal with the points—and I will go following that, additional consultation will occur through them fairly directly—raised by the with the key stakeholders; I promised that honourable member for Gladstone. If there are there would be consultation. In addition, there any other issues that the honourable member will be further opportunity for public comment wants to clarify, we can do that at the on the review once the model for the new Committee stage. If parties are dissatisfied legislation is developed through a series of with the decision of the president regarding the regional forums planned for later in the year. decision to have a panel or single member, Again, there will be consultation. that matter can be subjected to judicial review. I have now dealt with the issues raised by That is the process anticipated in the the Leader of the Opposition, Mr Borbidge, legislation. We have briefed the Queensland comprehensively step by step, as I promised in Indigenous Working Group and the the new standards for behaviour in this House. Queensland Mining Council. Even though they Let us move on to the concerns of the are part of this ongoing process, the members for Keppel and Clayfield, who pastoralists were not briefed, because the only requested a response on some additional points in the amendments in which the farmers issues. I have noted the Scrutiny of Legislation may be interested are the at-risk agreements, Committee report, and the amendments that I and the amendments retain the status quo. In will move shortly address many of the other words, there were no particular matters in concerns raised in it. I make that point to the there that were of interest to them and, chairman, who I know will appreciate our therefore, we did not feel it was necessary to treating very seriously the recommendations of brief them under the circumstances. I am sure that committee. Shortly, I will be formally that they would accept that. responding in detail to the committee on each In respect of the lifetime appointments for point that it raised. the presiding members, this Bill has been In respect of requiring the president to developed following lengthy consultation with grant leave to appeal when that appeal can the stakeholders. As I said, both the only be on points of law, I am advised that is Queensland Mining Council and the appropriate for a person with the president's Queensland Indigenous Working Group, status, which was explained earlier. Members among others, argued for the tribunal to have of the tribunal are required to declare any the status of a Supreme Court. Further, it was conflict of interest which may exist in relation to always the intention to have the tribunal as an a matter that they are scheduled to hear. The independent court. However, the member for Clayfield asked why the structure Commonwealth's drafting in section 207A of the tribunal is so complicated. The tribunal is meant that the NNTT had to participate—in an umbrella body covering a number of roles other words, it was a Commonwealth and functions. It covers native title issues, requirement—and also the judicial review other mining issues, cultural heritage and applies, which is not appropriate for a court related functions of the Land Court and with judges. Therefore, we have a tribunal with 432 Land and Resources Tribunal Bill 10 Mar 1999 presiding members. However to ensure general conflict of interest must be declared. A independence we maintain the appointments member can still preside on the agreement of as if they were to the Supreme or District the parties, which the honourable member for Courts. In other words, that section in the Gladstone referred to. But they are the two Commonwealth Act put us in that position to limitations on that. The member for Gladstone begin with, as did the requirements for also asked whether there can be bipartisan independence and the other difficulties I involvement in the selection of panel referred to. members. We will consult with groups such as The member for Gladstone raised the the QIWG and the mining industry as part of issue of whether the Queensland Indigenous the selection process, but as with any normal Working Group's concerns were satisfied. We process, ultimately it is a decision for have taken the view of the Queensland Government. But we will consult with the Indigenous Working Group and the stakeholders, and that is consistent with the Commonwealth on the independence of the philosophical position we have taken in relation tribunal into account in formulating the to native title to consult. amendments. The essence of the QIWG's The last question is: why is petroleum not concern has been addressed. I understand included in the Bill? The petroleum industry is that it is supportive of that being rectified. very different from mining. They have been In relation to clause 14, the involved in our consultation around the table. reappointment of acting members, the period Petroleum is currently under extensive review. of one year has been reduced to six months Until this is complete, the status quo is for acting appointments—that is amendment retained. We will be looking at that, but No. 2. The Bill does provide for re- because a review is going on the status quo appointment. As the honourable member remains at the moment. noted, the credibility of the tribunal will always Motion agreed to. be at stake when anyone is appointed, even acting appointments or renewals if any are to be made, which is why we have taken that Committee course. Hon. P. D. BEATTIE (Brisbane Central— ALP) (Premier) in charge of the Bill. The honourable member for Gladstone raised concern regarding clause 41—how the Clauses 1 to 6, as read, agreed to. tribunal will decide a question. The decision of Clause 7— the tribunal will be reviewable under the Mr BEATTIE (12.33 p.m.): I move the Judicial Review Act. The involvement or non- following amendment— involvement of the non-presiding members and how they assist the presiding member will "At page 9, after line 10— be reviewable under that mechanism, and that insert— is the review process. Clause 55 requires a '(3) A presiding member's appointment decision of the tribunal to be in writing, to fully continues until the presiding member state the facts found by the tribunal, to state retires or resigns under section 9 or the the decisions and reasons on the relevant presiding member's appointment is questions of law and that they be published. terminated under section 13.'." The honourable member also raised two I do not intend to go on at great length questions on cultural heritage. The Bill sets out about this because all the parties have been a clear legal process for dealing with cultural consulted on it. The amendment is a result of heritage under the existing cultural heritage the recommendation of the Scrutiny of legislation. As we know, that legislation is Legislation Committee. It recommended that being reviewed, as I said before, and is open the Bill be amended to expressly reflect the to community consultation. As I mentioned in intention that the presiding members—that is, my answer to question 7 from the Leader of the president and the deputy president, as set the Opposition, there will be extensive out in clause 7—are appointed to the age of consultation on the new cultural heritage 70. The amendment clarifies that the presiding legislation. I know it will be very difficult. It will members are appointed for life, unless the be an area of incredible sensitivity; presiding members retire, under clause 9, or nevertheless, we need to do it. the appointment is terminated, under clause On the point of conflicts of interest which 13. The amendment aligns the clause with the the honourable member for Gladstone raised, Supreme Court provisions and will ensure the members are not entitled to have beneficial independence of the tribunal by providing for mining interests. That is clause 27. Any the same duration of appointment for the 10 Mar 1999 Land and Resources Tribunal Bill 433 presiding members as is applicable to the of vacation of six months after seven years of State's judicial members. service. As a result, it will be necessary that The Commonwealth Native Title Act of any temporary vacancy is filled by an acting 1993 expressly stipulates under section appointment to the office for the six months to 43A(4)(e) and other sections, that is, sections continue the efficient running of the tribunal. I 26B(7)(b) and 24MD(6B)(f), that the body thank the members of the Queensland hearing the objections to doing the act, so far Indigenous Working Group for raising this as it affects native title rights and interests, matter. must be an independent body and that this Amendment agreed to. criterion must be satisfied before the Clause 14, as amended, agreed to. Commonwealth Attorney-General will approve the State's alternative provisions scheme. I Clauses 15 to 25, as read, agreed to. thank the Scrutiny of Legislation Committee for Clause 26— its recommendation. I am also advised that, Mr BEATTIE (12.37 p.m.): I move the because this amendment to this clause is following amendment— being moved, the committee's further recommendation that the Bill in clause 13 be "At page 18, line 16, 'Minister'— amended to include the word "only" would now omit, insert— be superfluous. Once again, I thank the members of the committee for bringing the 'registrar'." matter to the attention of the Assembly. This amendment is a further amendment Amendment agreed to. that follows from the consultation that has occurred on the Bill with the Commonwealth, Clause 7, as amended, agreed to. and it reflects the matter which was raised by Clauses 8 to 13, as read, agreed to. the Queensland Indigenous Working Group. Clause 14— The clause as it presently stands requires the president to give to the Minister written notice Mr BEATTIE (12.36 p.m.): I move the about an entitlement or an expectation of an following amendment— entitlement of benefits in a mining tenure. The "At page 11, line 26, '1 year'— clause, when combined with clause 27, gives omit, insert— the Minister the power to veto the president from taking part in the proceedings, even if the '6 months'." parties to whom the presiding member must This amendment has been moved also give notice agree to the president taking following concerns expressed by the part in the proceedings. While this in itself may Queensland Indigenous Working Group that not be unreasonable, such a ministerial veto the provision in this Bill which provides for the power is not consistent with the requirement appointment of acting presiding members may that the tribunal be independent, which is an be abused to avoid and circumvent the life essential requirement of the Commonwealth appointments of the presiding members and Native Title Act. Instead, clause 26 as which could then be used to undermine the amended will require the president to give this independence of the tribunal. I remind written notice to the registrar. This will ensure honourable members that the characteristic of that a record of the disclosure is made and independence is central to achieving the kept. The amendment reinforces the intention relevant determination of the Commonwealth behind clause 5 of the Bill, which provides that Attorney-General and that the characteristic of the tribunal, in exercising its jurisdiction, is not independence will also be necessary for the subject to the direction of the Minister. I again continued operation of the tribunal and the thank the members of the Queensland State's alternative State provisions. Indigenous Working Group for raising this Clearly, there will be times when it will be compliance issue. necessary for the efficient running of the Amendment agreed to. tribunal for the Government to be able to Clause 26, as amended, agreed to. make appointments to the tribunal. Also, by reducing the term of appointment from one Clause 27— year to only six months, this amendment Mr BEATTIE (12.39 p.m.): I move the focuses now upon the particular provisions of following amendment— the Judges (Pensions and Long Leave) Act "At page 18, lines 22 and 28, 'the 1957 that will apply to the presiding member of Minister and'— the tribunal in particular. Section 15(1) of that Act will grant to a presiding member a period omit." 434 Land and Resources Tribunal Bill 10 Mar 1999

This amendment dovetails into the The members of the Land Court are previous amendment. As I stated, clause 27 appointed by commission in the same manner as it presently stands gives the Minister the as judges. Indeed, a member cannot be power to veto the president from taking part in removed except by the Governor in Council the proceeding, despite the agreement of the upon an address from this Assembly, praying parties, where the president has disclosed the for such removal on the ground of proved fact that the president may have a conflict of misbehaviour or incapacity. As well, the salary interest. This goes beyond the requirements and allowances of a member of the Land that are placed upon judges of this State and Court are determined under the same could potentially compromise the provisions that apply to the judges of the independence of the tribunal. Supreme and District Courts. The amendment will enable the president Although not known as judges, Land to take part in the proceeding but only if the Court members are regarded as part of the parties to the proceedings agree. The judiciary of the State and as such their role is amendment once again bolsters clause 5 of to act judicially, rather than in an advisory the Bill to provide that the tribunal in exercising manner. The amendment ensures that the its jurisdiction is not subject to the direction of function provided for a single Land Court non- the Minister. This approach is consistent with presiding member will be consistent with their the requirements of the Commonwealth Native continued role on the Land Court as judicial Title Act and, as I stated earlier, was raised by officers by excluding their appointment to a the QIWG. The amendment will help to ensure panel of the tribunal. that the tribunal will be an independent body Whilst the effect of this amendment will and addresses the Commonwealth's concerns. be to exclude members of the Land Court Amendment agreed to. from LRT panel work, the amount of work that members of the Land Court can continue to Clause 27, as amended, agreed to. do under the LRT will be extensive. Presently Clauses 28 to 38, as read, agreed to. initial compensation hearings are heard by the mining warden. The Bill provides for the initial Clause 39— compensation hearing to be now heard by the Mr BEATTIE (12.40 p.m.): I move the LRT composed as a single Land Court non- following amendment— presiding member. Further, as a consequence of some of the further amendments I will move "At page 23, after line 15— shortly, work of the tribunal will now be heard insert— by the tribunal constituted by a single Land '(5) In subsections (2) and (3)(a)— Court non-presiding member which would without the amendment be LRT panel work. "non-presiding member" does not include Amendment agreed to. a Land Court non-presiding member.'." Clause 39, as amended, agreed to. As honourable members would have noted, the Land and Resources Tribunal Bill Clause 40, as read, agreed to. provides for members of the Land Court to be Clause 41— ex officio members of the tribunal—clause Mrs LIZ CUNNINGHAM (12.43 p.m.): I 15(1). The Bill provides that they would either seek further clarification from the Premier. I sit as a single Land Court non-presiding understand that the tribunal's decisions are member—clause 39(3)—or they could, under subject to judicial review on relevant questions the direction of the president of the LRT, be of law. Tribunal members must write their members of a multi-member panel—clause decisions and clause 55 lists what they must 39(2). As a member of a panel, a Land Court put in writing. What obligation will be on the member undertakes an advisory role, as does advisory members, the non-voting members, every other non-presiding member—clause of the tribunal? What access to information 41(4). may the parties to an action have? That is, The appropriateness of having a member what access will they have to the advice that of the Land Court in an advisory role has been these non-voting members give to the tribunal, raised with me through my officers by the whether it is a single-person tribunal or not? president of the Land Court and by the Chief The question was: could it be made Justice of Queensland. In particular the Chief obligatory that any advice is given in the Justice and the president have raised the presence of the parties? That question was incompatibility of an advisory role with the role not specifically answered. The Premier did say of acting as a judicial officer. that the decision had to be written, but it is 10 Mar 1999 Land and Resources Tribunal Bill 435 only on the relevant questions of law. Under with Commonwealth officials last year, clause 41, what mechanism will be available to Queensland officials raised concerns regarding participants in an action to know what advice some rather strange drafting of section 207A was given by other advisers to the tribunal? of the NTA. Commonwealth officials assured Mr BEATTIE: I thank the honourable State officials that the Queensland body could member for her question. She quite correctly be a section 207A body. Unfortunately, some referred to the response I gave earlier. I guess little time later Commonwealth officials advised the important response to the question is that that they had reconsidered the matter and judicial review can apply to more than agreed that the drafting of section 207A questions of law. It can also apply broadly. meant that, unfortunately, Queensland's body While clause 35 requires a decision of the could not be recognised under section 207A. tribunal to be in writing, fully stating the facts As a result, it is necessary for the Queensland found by the tribunal and stating reasons and native title scheme that the State have an the relevant question of law, it is not just the "independent body". question of law. It is broader than that and, of In order for the State legislation to course, it does have to be published. The only achieve compliance for the purposes of other thing is that the No. 2 Act sets out that section 43 of the NTA, it is necessary that a judicial review applies in full. I think that is really member of the NNTT "participate in the the answer to the question. determination" of that independent body. The Clause 41, as read, agreed to. drafting of the Commonwealth NTA begs the question as to what "participate" means. The Clause 42— Commonwealth legislation does not go on to Mr BEATTIE (12.46 p.m.): I move the define this term or give the word "participate" following amendment— any additional or special meaning. In the "At page 24, lines 28 to 30— lengthy discussions with the Commonwealth officials it has become clear that the omit, insert— Commonwealth has adopted a view as to what '(2) The presiding member or presiding "participate" means, which in the view of the members included in the panel State goes beyond its natural meaning and constituted for the proceeding must allow would require the State to provide the NNTT the NNTT member to participate in the member with a deliberative vote. making of a relevant decision.'." Honourable members would note that the The amendment is an outcome of the scheme adopted for the Land and Resources extensive deliberations that have occurred Tribunal sees under clause 41 of the Bill the between officers of Native Title Services and decision on the matter being decided by the the Commonwealth Attorney-General's presiding member with the role of the non- Department. We are trying to be cooperative. presiding members being that of advisers or Mr Borbidge interjected. assessors to assist the presiding member in arriving at his or her decision. In order to avoid Mr BEATTIE: That is a disgraceful an impasse and to ensure compliance with the interjection, but it is true. I am losing what little Commonwealth Act, the amendment now hair I have left over this consultation. repeats the words of section 43(2)(h) of the The clause as it presently stands provides Commonwealth Native Title Act. that the National Native Title Tribunal member The view that the State has adopted on must be consulted and that the NNTT the meaning of the phrase "to participate" is member's opinion be considered by the that "to participate" means being consulted by presiding member before the relevant decision a presiding member and having the results of is made. As such, in the view of the State this that consultation taken into account in the meets the requirements of section 43(2)(h), decision-making process. This approach is which requires that the alternative State anchored in both commonsense and in provision must provide for the NNTT member decided cases. Mr Justice de Jersey, as he to participate in the determination. then was, in Streeter and Pacific-Seven Pty As honourable members would be aware, Ltd, reported in the Australian Company Law it was my initial intention that my native title Report Volume 9 page 790 at page 793, response would include that the State would notes that the word "participate" ordinarily establish a recognised State body under means to share or to take part. Mr Justice section 207A of the Commonwealth's Native Kelly of the Supreme Court of the Australian Title Act. Such a body does not require any Capital Territory in the case of Waterhouse involvement of the NNTT. During discussions and the Australian Broadcasting Commission, 436 Land and Resources Tribunal Bill 10 Mar 1999 reported at 90 Federal Law Reports 25 at If the NNTT member, who may have few page 32, states—and I quote from his qualifications, was to receive a deliberative Honour— vote, it is anticipated that demands to be "... the word 'participate' may be defined treated likewise would be received from as 'to take part in'. Participation may be interest groups representing the expertise of direct or indirect; it may precede joint acts, the other panel members. Furthermore, it is it can, I think, hardly succeed them." likely that having expert panel members receive a deliberative vote may also have flow- In the English case of The Queen and on effects to other Queensland tribunals which Secretary of State for the Environment and are constituted in a like manner to the LRT. another, ex parte Kirkstall Valley Campaign Ltd, reported in the All England Law Reports In summary, the form of the clause 1996 Volume 3 page 304 at 328, Mr Justice provided by this amendment has been drafted Sedley considered the question from the other to satisfy the requirements of the side of the coin, namely, what it might mean if Commonwealth to comply with its legislation by one was not to participate. In particular he essentially repeating the Commonwealth stated— provision. "Participation can manifestly be more Amendment agreed to. than voting or discussion. A justice (of the Clause 42, as amended, agreed to. peace) who, on retirement, tells his Clauses 43 to 56, as read, agreed to. colleagues that it is his car which the defendant is charged with taking and Clause 57— wrecking, and who then sits with arms Mr BEATTIE (12.54 p.m.): The Leader of folded while the other justices (of the the Opposition has very graciously indicated to peace) reach a conclusion, might not be me across the Chamber that there will be no regarded by this court as having opposition to these clauses. So I am happy to abstained from participation simply by move all the amendments standing in my having declared his or her interest and name. For appropriate reasons, could I have neither spoken or voted." included in Hansard the reasons for them so Later, on the same page, His Honour states— that there is some explanation on the record? The Leader of the Opposition might confirm "It is thus distinctly possible that the that. mere declaration of a disqualifying interest, followed by abstention from Mr BORBIDGE: I thank the Premier for his courtesy. We have been briefed, or discussion or voting will not be enough to information has been provided, in respect of negate participation in a decision. This is the amendments. We understand the reasons why the courts, like the Secretary of State, proposed for them. We will not be opposing have repeatedly counselled caution, not any of the amendments, but I would only for the sake of appearances, but appreciate it, for the record, if the because the line between participation Government's explanations for the and abstention is in many cases a fine amendments could be incorporated in one." Hansard. If the Commonwealth's concerns were to Mr BEATTIE: I thank the Leader of the be met by requiring that the NNTT member Opposition. receive a deliberative vote, this would move the LRT away from being the purely Leave granted. Queensland-based tribunal that it was set out Mr BEATTIE: I move all remaining to be. This once again magnifies the difficulties amendments standing in my name— caused by the poor drafting by the 7. Clause 57— Commonwealth of section 207A of the NTA. At page 32, after line 21— I remind honourable members that the LRT operates by having the decision-making insert— process made only by presiding members. The '(5) Despite subsection (2), the tribunal may at presiding members also form part of panels, any time excuse a person for failing to attend at where relevant, which includes panel members the time and place notified.'. with particular expertise in related fields such Reasons for Amendment as mining, valuation, native title issues, etc. 1. This amendment is made in response to the Those panel members do not receive a issue raised by the Scrutiny of Legislation deliberative vote in the same way as the NNTT Committee in relation to consistency with the member does not receive a deliberative vote. principles of natural justice. 10 Mar 1999 Land and Resources Tribunal Bill 437

2. The Committee pointed out that no 83A.(1) This section applies to a proceeding if, allowance had been made for a "reasonable immediately before the commencement of this excuse" as is in fact provided for in other section— clauses in the Bill. (a) the proceeding was a proceeding under the 3. Whilst the statutory defences in the criminal Mineral Resources Act 1989, section 194A or code such as emergency, for example, would 278A; and be open to a person who failed to attend before the tribunal, the amendment will provide (b) the proceeding was not finished. that when the person does attend before the (2) The Land Court is to hear and decide the tribunal, the tribunal may then excuse that proceeding as if this Act had not been person who has a reasonable excuse from not enacted.'. having attend. This is consistent with the principles of natural justice accorded in the Reasons for Amendment other provisions of the legislation. 1. This amendment is to provide transitional 4. I thank the Scrutiny of Legislation Committee arrangements for "At Risk Agreements" which for bringing the issue to my attention. had not been addressed in the original Bill. 8. Clause 65— 2. I would like to take this opportunity to thank the President of the Land Court, Mr John At page 36, lines 23 to 26— Trickett, who has taken an active interest in this omit, insert— piece of legislation and as to how the Land and '(5) To the extent that the practice and Resources Tribunal will integrate with the Land procedure of the tribunal in exercising its Court and who brought this issue to my jurisdiction in particular matters, including Officers' attention. enforcing its judgments and orders, are not 3. The amendment will ensure that where an "At provided for in the rules, they must as far as Risk Agreement" proceeding has commenced practicable be the same as the practice and and is not finished, it is to be completed as if procedure of the Supreme Court in similar the LRT had not been enacted. This is matters.'. consistent with the approach adopted Reasons for Amendment elsewhere in the Bill. 1. This amendment is in response to an issue 11. Schedule 1— raised by the Scrutiny of Legislation Committee At page 50, entries under the heading as to whether the Bill authorises the amendment 'Mineral development licences', entry for of the Act other than by a subsequent Act. I section 194A, third column, 'panel'— thank the Committee for their very detailed consideration of this matter. omit, insert— 2. The amendment is designed to address the 'Land Court non-presiding member'. Committees concern, in connection with Reasons for Amendment proposed amendment clause 9, by providing that to the extent that the practices and 1. "At Risk Agreements" for mineral development procedures of the tribunal in exercising its licences mentioned at section 194A of the jurisdiction are not provided in its rules, the Mineral Resources Act 1989, are presently dealt practices and procedures must then as far as is with by a single member of the Land Court. The practicable be the same as the practices and LRT Bill proposes instead that "At Risk procedures of the Supreme Court in similar Agreements" be dealt with by a panel (Schedule matters. 1 to the LRT Bill). 3. This amendment redrafts clause 65(5) of the 2. As Honourable Members would be aware "At Bill in the way that is recommended by the Risk Agreements" under the Mineral Resources Scrutiny of Legislation Committee. Act largely turn upon the assessment of market 9. Clause 65— value, a role for which a Land Court Member is uniquely qualified. At page 37, line 7— omit. 3. This proposed amendment provides that "At Risk Agreements" will be dealt with by a single Reason for Amendment Land Court non-presiding member of the LRT 1. This is a consequential amendment and and which in effect re-establishes the current follows on from the redrafting of clause 65(5) of position. the Bill. 12. Schedule 1— 10. After clause 83— At page 52, entries under the heading At page 45, after line 8— 'Mining leases' (starting on page 50), entry for insert— section 278A, third column, 'panel'— 'Proceeding about At Risk agreement not omit, insert— finished before commencement 'Land Court non-presiding member'. 438 Child Protection Bill 10 Mar 1999

Reasons for Amendment Third Reading 1. "At Risk Agreements" under section 278A of Bill, on motion of Mr Beattie, by leave, the Mineral Resources Act 1989 are presently read a third time. dealt with by the Land Court. Under the LRT Bill "At Risk Agreements" are to be dealt with by Sitting suspended from 12.58 p.m. to a panel (Schedule 1 to the LRT Bill). 2.30 p.m. 2. The effect of this amendment is to provide that an "At Risk Agreements" be dealt with by the LRT composed as a single Land Court non- CHILD PROTECTION BILL presiding member of the LRT. Second Reading 3. The amendment will, in effect, ensure that the Resumed from 4 March (see p. 281). present position is maintained and as is supported by the President of the Land Court. Mr BEANLAND (Indooroopilly—LP) (2.30 p.m.): In resuming the debate on the 13. Schedule 1— Child Protection Bill, I want to raise an issue At page 53, lines 11 to 13— with the Minister in the interests of herself and omit, insert— the department. This issue deals with how '(3) However, the panel must be an NNTT panel these matters are handled by the department. if— A number of people raised this issue with me last night. On page 5 of yesterday's Courier- (a) the proceeding includes the hearing of an objection of a native title notification party for Mail there appeared an article under the land the subject of the proceeding; and heading "Safe for battered child to go home". (b) the land is— I realise that there are a number of issues that the Minister cannot relate to the House, (i) non-exclusive land, other than an alternative provision area; but it would be in the interests of all concerned if we obtained a few facts in relation to this or matter. It would be beneficial if the Minister (ii) an alternative provision area, if an election could put some facts on the record because, has been made under a following provision of on a reading of the article, it seems that the the Mineral Resources Act 1989— way this matter has been handled is not in the ¥ part 14, division 3 best interests of the department. I received ¥ part 15, division 3, subdivision 1 phone calls and comments from quite a few ¥ part 16, division 3, subdivision 1 people and a great deal of concern was expressed about the alleged handling of this ¥ part 17, division 3, subdivision 1.'. matter. Reasons for Amendment I cannot believe that the newspaper 1. This amendment flows out of consultation article was correct. If it is correct, it certainly between Officers of Native Title Services and warrants a close and thorough investigation by the Commonwealth Attorney-General's the Minister. I am sure the Minister will do that. Department. No doubt there is a vastly different story to be 2. The amendment is designed to ensure once told. The child was admitted to hospital with again that the Queensland legislation will severe injuries and a broken leg. The article comply with the requirements of the reads as if the department deemed it safe for Commonwealth Native Title Act. In particular, section 43(2)(h) requires the participation of the the child to return home. The Minister is NNTT member in the hearing of the native title probably aware of the article. If not, I will make objection where the land in question is non- a copy available to her. exclusive land other than an alternative Ms Bligh interjected. provision area. That is to say, the land is land to which section 43, and not 43A, of the Mr BEANLAND: That is good, Minister. I Commonwealth Native Title Act applies. do not think it is in anyone's interests to play 3. Because the non-exclusive land might politics with this sort of issue. It is important include all or part of an Alternative Provision that we establish the facts. The public must be Area the applicant may elect that the section 43 better informed of the types of situations that scheme apply to the whole parcel of land. This occur. According to the article there have been is reflected in the amendment by the inclusion appeals to the Children's Services Appeals of sub-clause (b). Tribunal, which is an arm of the department of Amendments agreed to. the Children's Commissioner, and also to the District Court. A number of people said to me, Clauses 57 to 86 and Schedules, as "It was in the paper. It must be correct. It must amended, agreed to. be spot-on." I was asked what I was doing Bill reported, with amendments. about getting onto the department and getting 10 Mar 1999 Child Protection Bill 439 stuck into the Minister. I was asked why I was about their responsibilities in a mature and not raising the matter in the House so that it confident manner. could be rectified in the interests of the We all approach the responsibility of child community. rearing differently. I have struck situations I cannot believe for a moment that the where children of 12 years of age have article is correct. The important points in the complained because their parents want them article are probably incorrect. The department to be in bed at 10 or 11 o'clock at night. Some could not be reacting in this way. The matter children, of course, prefer to roam the streets. must be clarified at the earliest opportunity. We have to ensure that new laws do not encourage children to defy their parents. This The second matter relates to the fact that is an area of grave concern to the community. in this legislation we have the chief executive Many parents have thought that the best officer taking over the role of custodial parent. I course of action with uncontrollable children raise this matter in order to allow the Minister was to place the responsibility for them with to comment on it. I wonder if the Minister has the chief executive officer. This has been looked at the prospect of requiring these people to pay maintenance. Maintenance done, but the situation has gone from bad to should be paid in a sole parent situation. It has worse. I am not blaming the chief executive been raised with me that the taxpayer ought officer for that. The point I want to make is that the child has been difficult for the parents to not to be footing the entire bill. I accept that control and we are not giving the parents the this is a difficult matter. ability to control that child. There is nothing in the legislation that Of course, they hand over their indicates that attempts have been made to responsibility for the child to the department, relieve the taxpayer of this burden. I know which they believe is the correct and proper there will be difficulties in acquiring the funds, course of action. The child's behaviour goes but that does not mean that the proper action from bad to worse. There is an even greater should not be taken in the interests of the lack of discipline and the child becomes taxpayer who is going to be looking after these involved in drugs and mixes in bad company— children. The guilty party, or the people who have committed offences—and parent—whatever might be the correct term in things of this nature, which I have heard of, this case—is allowed to get off without paying and starts sleeping on park benches and what maintenance because responsibility for the have you when that child has a comfortable child has been taken by the chief executive bed in a very good suburb in which they could officer. be residing were they prepared to be a little One area of this legislation that I touched disciplined by their parents. That does not on previously was the ability of children to always happen in these situations. cause problems for their parents. Parents are Mr Fouras: A bit of a touch up, or what? placed in a situation where they are Mr BEANLAND: I cannot hear a thing that handicapped. The legislation contains nothing the member is saying. The situation is that the that deals with this situation. A number of children have to be controlled and we have to parents have approached me and raised look at putting in place some means for the concerns about this matter. I was also parents to do that, which does not allow for approached by a person who has undertaken child abuse or anything of that nature—in fact, a great deal of research in this area. This far from it. By heavens, let me say that by person expressed some concern about simply transferring responsibilities for the child legislation that puts child protection in place. over to the chief executive officer it does not One has to be concerned with measures that mean that some mysterious person is then reduce the role of the parent in dealing with going to be able to control that child. It does difficult children. As we know, some children not happen that way. It is not that easy. I have have behavioural problems. found that the situation is not made better by There is nothing in the legislation that the chief executive officer simply taking over gives parents the ability to deal with such responsibility for the child in that situation. The children. As a result, the children eventually departmental people have no better ability to are placed with the chief executive officer. This cope with or control a young person than did does not mean that the problem is necessarily the parents. We would be much better off solved. We do not want to create a situation looking at ways and means of assisting where we force parents to suffer. We do not parents in that regard. want to encourage children to struggle against Having said that, I notice that section 280 their parents. The vast majority of parents go of the Criminal Code, which relates to 440 Child Protection Bill 10 Mar 1999 discipline, has been overridden by a clause Families, Youth and Community Care. I know within this Bill. I will say something more about that many professional people operate within that later. I mentioned previously that I believe those areas. However, I want to touch that this legislation sets a benchmark for briefly—and I will refer to it later in the parents. However, I also believe that this Committee stage—on the ability of people who clause is sending a confusing signal. As a are professionals within this area, those who matter of Government policy, if the Minister do not work within the department but provide wants to issue guidelines to that effect, that is advice on a range of matters, particularly in a matter for her; it is not a matter that I or the relation to court matters. Courts take advice Parliament can overrule. It is a matter for the from the chief executive officer, who takes Government of the day. However, I believe advice from his advisers who are professional that, by putting that clause in this Bill, it sends people within the department. As I recollect it, the wrong signals, considering that the signal the relevant clause of the Bill does not provide is clearly set out in section 280 of the Criminal any opportunity for advice to be taken by other Code, as are the sections relating to child parties about a particular course of action abuse contained within the Criminal Code. within the courts. I would like some comment They are spelled out very clearly, as is the from the Minister about the way in which newer section requiring parents to provide the professional people who are outside the necessities of life. I hope that we see more department can play a bigger role in this area. use made of that section in the future to instil As I said at the outset, I thank the in parents their responsibility to their child. I put Minister and her staff for the briefing on this a lot of effort into getting that section, which I Bill. It is a very important Bill. Certainly, it is think is correct, into the Criminal Code. going to be regarded as benchmark Previously, a section relating to that issue legislation. I am sure that all members of the meant nothing. The former Government House look forward to the legislation working in revamped that section and now it states that, if an effective manner to ensure that the issues parents do not provide their children with the that we now see coming out of the Forde necessities of life, accommodation, medical inquiry—which, obviously, have been around treatment where necessary, food, clothing and for some time, going back a decade to the late that sort of thing, they could face a penalty of 1980s, apparently, and other issues relating to up to five years. I think that we should be institutions—are remedied, that we can rule a indicating to people that they are required to line underneath them and make sure that in provide their children with those things. That future, under this legislation, such cases of may help the department in some way in abuse that have occurred in the past do not dealing with some of these parents who seem recur. to think that they can simply walk away from Ms STRUTHERS (Archerfield—ALP) their responsibilities in relation to their children. (2.46 p.m.): I commend the Minister for On the other hand, we also have the introducing this very important and long- section that relates to discipline, which means awaited legislation. I also wish to commend a a smack. Sometimes that is as good a way as former Minister, Anne Warner, and former any that many parents find to solve a problem. director-general, Ruth Matchett, for their It is over and done with on the spur of the determination to introduce new child protection moment and they can go on to something legislation and improved child protection else. Of course, many parents do not believe practice in this State. A change of Government in smacking. That is a matter for them. People in 1996 brought a slowdown to this legislative have a choice as to how they want to deal with reform process. I want to put on the public their children. At the end of the day, the record that in my experience these two women important thing is that parents are dealing with had nothing but compassion for children and a their children, controlling their children and strong desire to ensure that children in this ensuring that their children live within the State live free from abuse. Their terms in parental guidelines that are laid down without public office in this State deserve significant suffering any abuse. I believe that such an praise. issue could become a little confusing because Having worked in a statutory child this Bill will be seen as setting a benchmark in protection role for a couple of years in the early those terms. 1980s, I am particularly keen to ensure that One other matter that I want to touch on Queensland maintains a high standard of child relates to the role of professional people within protection, legislation and services. There are the legislation. I notice within the legislation no simple solutions. I disagree with the that it sets out the role of the chief executive member for Indooroopilly, who said that and authorised officers of the Department of penalties for parents are the way to go. In fact, 10 Mar 1999 Child Protection Bill 441 many parents would argue that, having had serious glue and petrol sniffing addictions. contact with the department is penalty The kids were living in a very unsafe enough, with the stigma and other things environment. When the kids were placed into associated with it. the care of Ronnie and his wife, it was made This legislation is essential if we are to clear that the goal of the department was to maintain contemporary and effective child and reunite the children and their natural parents family support practice into the new as soon as possible. Ronnie knew this goal millennium. It is a credit to officers of the well, as he had had lots of kids in his care, but Department of Families, Youth and on this occasion he became very attached to Community Care that they have provided a the babies. I remember vividly Ronnie, choked high standard of care to thousands of children up with tears, asking if he could buy the kids and families in Queensland without adequate from me. This is the sort of difficulty inherent in legislation. They have done this largely this area of practice, as people get very because of their development of and attached to kids. There are a lot of emotional adherence to effective and contemporary issues in this kind of work. departmental practice standards and Ronnie's strong attachment to the kids principles. However, this alone is not enough. I and similar tensions that emerged in my child think that, rather than being praised, protection work demonstrated to me the departmental officers cop a fair bit of abuse in importance of effective child protection their line of duty. Much of this abuse comes legislation. That legislation must respond fairly from families and the general public. The to the varying roles and responsibilities of all officers of the department have a difficult job players in the system and the inherent and they receive little reward or thanks for it. In attachments and tensions that emerge. That the vast majority of cases, the officers of the legislation must spell out the principles upon department provide a very professional service which children are to be provided for if they to families. They must have effective come under the care of the State—principles legislation and supportive leadership within the such as the primacy of the child's family in department in order to do their job well. taking responsibility for the care of the child; Under the previous Government, staff had the importance of cooperation and good to tolerate unacceptable levels of interference communication between Government, from the offices of the Minister and director- parents, carers, children and support agencies; general. Rather than promoting accountability, and respect for the role of carers who take on the hands-on approach from these officers the responsibility of fostering kids. I take this fostered chaos in some families and, in a opportunity to pay tribute to the tireless efforts couple of cases, the former director-general of the committed families who provide foster put his own safety and that of his staff at risk. care to kids in need in this State. Another The professional skills and judgment of staff essential principle is the importance of were at times overridden to the detriment of culturally appropriate intervention by the children and families involved. Staff morale Government in the protection of children. The was low in the department. In recent months I existing Queensland legislation has been left have witnessed substantial improvements in wanting in all of the areas that I have staff morale and respect for the job that the mentioned. officers of the Department of Families have to For instance, what principles were spelled do. out in the 1965 Act? The answer is: none explicitly. As stated earlier, the important Before I discuss the improvements that principles of accountability and rights of this Bill will bring, I want to recount quickly a individuals have been developed in story about a wonderful Aboriginal couple departmental practice standards, but not in whom I met when I was working in the legislation. Similarly, the paramount rights of Northern Territory. I am not certain of their children to protection have been set names, but I think the fellow's name was administratively, but not in the existing Ronnie Brumby Shooter. For the purposes of today's debate, let me call him Ronnie Brumby legislation. What provisions were in the 1965 Shooter. Act to encourage culturally appropriate services to indigenous children? The answer is: Ronnie and his wife were carers for lots of none. Again, the departmental officers are to Aboriginal kids who were taken into care by the be commended for developing the child department that I worked for. For 12 months or placement principle to guide their practice. more, Ronnie and his wife had care of two What about the rights of the family? No infants, a two-month-old baby and her two- specific legislative provisions exist in the year-old sister. The parents of the two children current law. Families are reliant on 442 Child Protection Bill 10 Mar 1999 departmental officers, the police and others with the department to ensure the child's applying departmental practice standards to protection. the provision of information and the inclusion Under the proposed legislation, the of parents in decision making. department will apply to the court for a court I would like to examine a couple of assessment order to allow the child to be practice examples to demonstrate the placed safely, a medical examination to occur improvements that will result under this Bill. Let and the child to be spoken to. This process of us take the first example: an allegation is investigation is likely to take some time due to received regarding a number of cigarette burns the nature of the concerns, so an application to the arms and legs of a six-year-old child. for a four-week court assessment order is more The parents refuse to allow departmental appropriate in this case than a temporary officers to see the child. A medical assessment order. At least one parent is likely examination is essential with this type of to be able to work with the department during concern. Currently, departmental officers will the course of the assessment order and may take the child into custody, which necessitates be able to demonstrate that he or she is an application to the Childrens Court for an protective of the child despite initial reaction to order for a child up to 18 years, in order to the investigation. This example also highlights have the authority to take the child for a the central importance of the needs of the medical examination. This process is very child who is at risk. threatening to parents and the application by the department is for far more authority than is I am particularly encouraged that this Bill warranted or required to complete the has incorporated the Charter of Rights for a investigation. Child in Care. This charter correctly enshrines the obligations and responsibilities that the Under the proposed legislation, the State has to children who are harmed and are departmental officers will apply for a temporary unable to live with their parents. The Child assessment order to allow the child to be Protection Bill comes to the Parliament having taken for a medical examination and to be been in the making for many years, and it placed safely if a medical examination comes to the Parliament having been through indicates that that is necessary. Once the child a rigorous consultation process. The non- is medically examined, it may become clear Government organisations that are providing a that the sores are school sores and not great deal of support in this area, the Foster cigarette burns. I am told by good sources that Parents Association and others, have all had to the untrained eye school sores look like input into the Bill. cigarette burns. If that is the case, the child will be returned immediately to the family. The I trust that this legislation will be received issue will be resolved quickly and without the by members of this Parliament with the degree family having to go to court. The family may be of goodwill and support that it deserves. Any offered assistance by the department if member who does not support this legislation required. These improvements make good ought to be viewed with a degree of suspicion sense, as this process is far less threatening to for their failure to support the needs of children families. in this State. We cannot play politics on the issue of child protection because that does Let us take the second example: it is nothing to serve the children and families of alleged that a parent is sexually abusing a 14- this State. We must all cooperate to ensure year-old child. When the departmental staff that the additional resources that are needed investigate the matter, both parents refuse to will flow into this area. I wish this leading-edge allow the child to be spoken to or medically child protection legislation an easy passage examined, although every effort is made to through the House. convince the parents to allow this. The parents also insist that the child is a liar. Threats are Hon. B. G. LITTLEPROUD (Western made against the child. Under the existing Downs—NPA) (2.56 p.m.): In rising to speak to inadequate legislation, departmental officers the Child Protection Bill 1999, I wish to address will take the child into custody and apply for an three issues. Firstly, a member does not have order for a child up to 18 years in order to have to be in his or her electorate office for very long the authority to place the child safely, have a before realising that there are some very tragic medical examination done and speak with the cases in the community. My experience has child about the concerns. Because the matter gone beyond that because for approximately involves the threat of the parents losing four years I was the shadow Minister for Family permanent custody of the child, this process is Services. People who had an axe to grind and adversarial and threatening, which reduces the were not getting the satisfaction that they chances that the family will be willing to work thought they deserved from the department 10 Mar 1999 Child Protection Bill 443 would contact the shadow Minister's office or ties. Support services were already in place in electorate secretary. Therefore, the very worst the form of family support centres, church cases came to my attention. I pretty quickly groups and other community organisations. It learnt that people can gild the lily a little and is lamentable that the churches have not been one should always listen to the other side of as proactive as they probably should have an argument. I hope that the department been in looking after their flocks. That is recognised that I was fair enough to always perhaps the fault of the parishioners who have ensure that I was given a briefing on the turned away from religion. Certainly, we have various complaints that came forward from lost our huge network of parish support. It is aggrieved people. I was also aware of various extremely difficult for a huge department needs in this particular field. spread over a vast State such as Queensland As well as supporting the department's to offer the degree of compassion and local ability to intervene directly from time to time, I support that is sometimes necessary. note that this legislation will support families in I felt sorry for those young departmental a proactive manner. We must do all we can to officers who went out into parts of Queensland be pro-family and to support the family unit, with which they were not familiar and where especially those family units that face there was a different style of life. They faced difficulties. Of course, that responsibility does an enormous workload spread over a number not rest only with the Department of Families. of towns. After serving in those places for Similar responsibilities rest with departments anywhere between 8 and 12 months, they such as the Education Department. For found that they were burning out; the job was example, when I was the Education Minister in too big. Sadly, we could not solve the the late eighties, I introduced human problems out there. It takes two to tango and, relationship education, which was aimed at all too often, the families were not prepared to generating a better understanding of how one put in sufficient effort to overcome the crisis. If should treat one's fellow man. It was pretty with this legislation we will do more to be obvious that many parents did not have great proactive and to be supportive of families parenting skills and that they lacked the before problems arise, I will support it. capacity to instil in their children the right attitudes for a harmonious society. I turn to the International Convention on When I was shadow Minister, I became the Rights of the Child. Last week in this aware that the case load of many of the House I heard the Minister discussing the people working for the department was legislation on international adoptions. Some members of the One Nation Party were very enormous. It worried me greatly that many critical of the International Convention on the young people who worked for the department Rights of the Child. I can understand why that were suffering from burnout. I was supportive was the case. I mentioned earlier that the of Kev Lingard who, as Minister for Family member for Indooroopilly, the member for Services, tried to put more emphasis on the Crows Nest and I travelled around Queensland role that community groups could play, thus speaking about law and order issues. One of allowing the department to play a lesser role. the issues raised was that we no longer have My mind goes back to a series of the right to punish our children. meetings held around Queensland at which the member for Indooroopilly, the member for Government members interjected. Crows Nest and I were speaking about law and Mr LITTLEPROUD: Instead of getting on order issues. At Strathpine a member of the their high horse, honourable members community said that one of our weaknesses is opposite should let me finish. Invariably, the fact that we have lost the tribal factor. He people would say, "It's all because of that explained that people living in small, close-knit convention." The member for Indooroopilly communities care for their own. In a State as advised those people that, if they look very vast as Queensland, officers of the closely at the Criminal Code, they would see Department of Families are perceived as being that it is possible, if done appropriately, to remote. That man suggested that we could guide children onto the right track. Sadly, there strengthen our support services by delivering was a feeling that that was not the case. them through community groups. He used the When speaking at public meetings, Mr word "tribal" in the sense of looking after not Beanland went to no end of trouble to try to only one's own generation but also the allay those fears. However, some people with younger and older generations. their own agenda—and I am not referring to Part of the thrust of the Borbidge departmental officers—emphasised certain Government was to try to strengthen those aspects of the convention rather than 444 Child Protection Bill 10 Mar 1999 recognising the good points and taking the the parent, the application of the Child document as a whole. Protection Bill will depend upon the Mr Schwarten: Teachers have never parents' response to the matter." been able to hit kids, either. It's never been This will be a new piece of legislation. The legal to hit kids. current piece of legislation created a problem Mr LITTLEPROUD: The member and I in the case that I am about to cite. The case are from the same background in education involved a teenage daughter who, as we and we understand that the closer the know, can become rebellious. This young girl punishment is in time to when the crime is came under the influence of some unsavoury committed, the better is its effect. Sometimes people and moved out of the household. The the punishment is too far removed and, in the police were involved and they advised me and meantime, a child gains some sort of notoriety. officers from the Department of Families that the girl was in some sort of moral danger. Try I put it to the Minister that some people as we might to consider the parents' wishes to did not use properly the International bring the child home or at least out of harm, Convention on the Rights of the Child and the the Minister's officers were limited under the Declaration on the Rights of the Child. That is Act in what they could do. The police were also where the mood out there came from, and it limited under the current legislation. needs to be put down. There are lots of good things in that declaration. The previous If the Minister is saying that this piece of speaker spoke about the rights of children in legislation will take great note of what the detention or in care. I think it is terrific that parents would like, I would be totally supportive those rights exist. However, we have to be of it. In the case I mentioned, the answer careful that some people with their own given was, "The girl is 15. If she goes home, agendas do not cite selected parts of the she'll probably run away again. We can't do convention and create misconceptions. much about it." Understandably, the parents who came to see me were pretty upset. They As honourable members would know, we knew that the girl was in moral danger. She are not living in a perfect world. Some of the was living in the house of a woman of ill repute cases brought to my electorate office have not and seemed to be associated with a male worked out the way I thought they should much older than she was. It was pretty obvious have. For example, in one case a parent was what was happening. The parents were beside most upset because we could not resolve a themselves, yet under the existing Act the situation. Yesterday I read the Scrutiny of departmental officers and I, as a member of Legislation Committee's latest Alert Digest. Parliament, could not find a solution. The That committee has been corresponding with police also were frustrated. If we had been the Minister on this piece of legislation. The able to overcome that situation and take her digest states— away from that influence and give her some "The committee support, the parents would probably have notes the examples of 'unavoidable been satisfied. I had a pretty hollow feeling accidents and life circumstances' when I could not solve the problem. given by the Minister are playground Mr Fouras: You're on the wrong tram in accidents, road trauma and child the wrong city. illnesses; and Mr LITTLEPROUD: I am not on the wrong seeks clarification from the Minister tram. as to the position of parents where Mr Fouras: You're in the wrong city. the harm to the child arises in Mr LITTLEPROUD: I am not on the wrong circumstances such as incest or rape tram or in the wrong city. I have personal committed by a family friend/member experience in these issues. This case was or brought to my office. I was appalled by the other person associated with the way in which the parents were let down by us, parents in circumstances where the the legislators. Having said that—— parents had no forewarning that the Mr Fouras interjected. incident/s may occur." Mr LITTLEPROUD: The former Speaker I wish to deal with the first part of the Minister's of this House has prompted me to say some response, which stated— other things. There is lots of confusion out "If a child is harmed by a person there. Government members have been other than a parent, in circumstances coming up with all sorts of social programs, for which could not have been foreseen by example, the recognition of homosexual 10 Mar 1999 Child Protection Bill 445 couples and their property rights. Those are do get involved and people have different the sorts of issues that are confusing kids. attitudes. That also goes for the natural parent They do not know whether they are Arthur or or parents, extended family, the foster parents Martha. They are so confused that they do not and, most important of all, the children know where they are going. It makes it all the themselves. I have no doubt that there are as more difficult for some officers in the many horror stories as there have been department who are trying to put things successful interventions. straight when other members on the The Child Protection Bill is a significant honourable member's side of politics are departure from the Children's Services Act proposing things that are anti-family. 1965 which it replaces. The department's Having said that, we are supportive of the current practice standards are not reflected in Bill. I hope the Minister takes note of the need the Children's Services Act. Yet, despite the to make sure that this legislation is watertight antiquity of our current legislation, so that the parents wishes are taken into Queensland's system for the protection of account when they know that their child is at children and the management of child risk. protection cases is recognised in many areas Mrs LAVARCH (Kurwongbah—ALP) as the most advanced in Australia. The Bill (3.07 p.m.): In response to the previous reflects these current standards for practice in speaker, the member for Western Downs, let Queensland. me say that we are certainly not anti-family. One of the notable features of the Child We are not in this Parliament to regulate Protection Bill is that it contains a number of morals. underlying principles which will guide the Having said that, it is my pleasure to administration of this legislation. Examples of support the Child Protection Bill 1998. This Bill these guiding principles are, firstly, that every will replace the current Children's Services Act child has the right of protection from harm; 1965, an outdated and severely limited secondly, that the welfare and best interests of statute. Over the past 30 years since the the child are paramount; thirdly, that the views enactment of the Children's Services Act, there of the child and their family are considered; has been a growing gap between the and, fourthly, that the child and their family legislation and practice and service delivery of have the opportunity to participate in decision child protection in this State. This Bill meets making about matters that affect their lives. contemporary standards and gives a legislative The Child Protection Bill strengthens the framework to ensure the State protects participative role of clients by clearly articulating children in a way that recognises the interest, the responsibility of the Director-General of the rights and responsibilities of all concerned. Department of Families, Youth and Having practised in family law prior to my Community Care to consult with clients and election to Parliament, I had a personal with client representative groups, for example, experience with the department's practices groups that represent children and young and procedures in child protection matters. people in care. Reflecting back on that time and during I am most pleased that this Bill addresses practice in the 1980s, it was my some of the problems encountered by perception—and I may be corrected—that indigenous Australians caught in the welfare there was a decided shift in attitude by cycle. Until now, we have been guilty of departmental officers with the move towards dealing with the problems of entrenched the "family support" model of prevention of disadvantage and dispossession of indigenous abuse and child protection. Family children by removing them from their families. conferencing, reviews and regular meetings While there have been some advances in self- increased to the stage of becoming the determination, social justice and equality, there adopted practice and policy. But, like any is still a long way to go. practice or policy with no legislative reference At this point I thought it might be helpful point, the success depended very much on to reflect on just what is meant by the term the personalities involved. It depended on the "self-determination". Self-determination is a attitude of the departmental officers. collective human right of peoples. It can mean I just want to say at this point that I do many things. It can mean freedom from recognise the very difficult position that the political and economic domination by others. It FSOs are in, their commitment to their work can mean self-government and the freedom to and the very hard work that they do. I do want make decisions about family, community, to congratulate them on doing probably one of culture and country. Self-determination for the toughest jobs in society. But personalities most of us is taken for granted; we do it of 446 Child Protection Bill 10 Mar 1999 right as occupiers of this land. But to most that they have endured at what could only be indigenous Australians the struggle still described as disastrous attempts by continues. Europeans at assimilation. These witnesses, It is a fact that indigenous children are the majority of whom spent their time in more likely to be removed from their families orphanages, are still experiencing difficulties on the grounds of neglect rather than abuse, forming family relationships. and indigenous parenting styles are still There has been broad agreement from wrongly seen as the cause. Indigenous those involved with indigenous children in care children are six times more likely to be that a child who has to be removed from their removed for child welfare reasons than other family is best cared for within their own cultural children. Currently in Queensland that means environment. Yet indigenous children are still 24.6%, or a quarter of the children in care. Yet being removed from their family at a our indigenous population is less than 2% of disproportionate rate to non-indigenous the total population of Queensland. I might children and are being placed in non- also add that indigenous children are 21 times indigenous environments. This gets back to more likely to be in juvenile justice detention self-determination or a right to self- than non-indigenous children. management. We must learn from our past It is timely that we have moved forward and break this cycle of indigenous Australians and embraced the need to consult with being caught in the welfare system. recognised Aboriginal and Torres Strait Today I would also like to address child Islander child-care agencies to get the view of protection from another angle. In 1997 a the community as to where the child belongs, group called Parents Who Care was to ensure that customs and traditions are established in my electorate. This group is a followed. It is a welcome measure that we are support group for parents who have their legislating to ensure the Aboriginal child children in the care of the department. They placement principle that is currently being help each other by understanding that they practised by Aboriginal and Torres Strait are not alone in their circumstance, that there Islander child-care agencies. Under the old is a place where they can go to feel respected. Children's Services Act, this is only an in- These parents report that they often feel they principle agreement. There are a number of have no right to speak up. They feel like provisions in this Bill which recognise the role criminals. They carry a huge stigma in society of appropriate community representatives in and feel that they should be grateful for the providing advice and information about small morsels that the department is prepared Aboriginal and Torres Strait Islander children to offer them in knowing how their children are and families to persons exercising power under faring, let alone having contact with them. the Bill. This group was established by a parent Clause 6 applies to the administration of whose child had been under the care of the the Bill in relation to Aboriginal and Torres department for many years and reported Strait Islander children and families. If the child frustration in dealing with the department over is an Aboriginal or Torres Strait Islander child, that time. The group meets monthly and decisions under this Bill should be made only provides an opportunity for parents in a similar after consultation with a recognised Aboriginal position to talk about their experiences and or Torres Strait Islander agency. Clause 80 difficulties. They have expressed to me that provides that placement for Aboriginal and these dealings have both a positive and Torres Strait Islander children must be negative aspect. They say that there seems to culturally appropriate and maintain the child's be a gap between the parent and the cultural identity. In essence, this means that department as to what is the stated policy and the Government of the day has a duty to what really happens in practice. They feel as ensure that a proper cultural system is followed though they have been sentenced and are when dealing with Aboriginal and Torres Strait continually punished for having their children in Islander children. We must also ensure that we care. provide ongoing resources, support, education In sharing these experiences last year, and training to those agencies. they provided me with a list of concerns and We have all heard about the stolen suggestions which would strengthen the generation and the devastating effects that rebuilding of the natural parent/child removal and separation had on their wellbeing relationship, the ultimate aim being reuniting and self-esteem. If honourable members read the parent and child, which is stated the evidence from the many witnesses, they departmental policy. This was done long cannot help but feel moved by the suffering before the Child Protection Bill was put out for 10 Mar 1999 Child Protection Bill 447 public consultation. Having gone through the and the home the child goes to in relation to draft Bill and having sat down with these access to resources and cultural matters. parents, I find that many of their concerns Parents hope that, when determining have been addressed and are now covered in placement of substitute care for their child, legislation. However, I thought it was regard would be had for the home the child appropriate that these be placed on the record has come from in relation to socioeconomic today. and cultural background. As the department is They had listed under a heading working with the parents to have the child "Attitudes to Clients", firstly, that parents placed back in their family environment, should be informed that they are being parents do not want the child to experience a investigated in cases which are not life huge difference—going from living in the threatening to the child. Of course, this is suburbs to living in a mansion and then having provided for in clause 15 of the Bill. Secondly, to go back to somewhere with fewer resources, parents should be kept informed about what is for example. going on with their children in all cases, for The other matters parents raised relate to example, medical care, doctors' appointments contact visits. They state that contact is often and hospitalisation of the child. Assessments cancelled for no apparent reason and not could be made or accessed through FOI. rescheduled. There is never an apology from Under the Charter of Rights for a Child in Care, the departmental officer if it was their fault that which is Schedule 1 to the Bill, it is in the contact was not arranged as promised. child's best interests for the parent to have Contact visits should be top priority; they access to that information. I have no doubt should only be cancelled where absolutely that, if it was appropriate and did not in any necessary and should be rescheduled way threaten the child, the parents would have immediately. Where appropriate, supervised access. contact should always be arranged to take place on neutral ground. I ask the House to Thirdly, parents are often uninformed or bear in mind that I am passing on the misinformed about their rights in dealing with comments of others. the department. Parents should be informed of what rights they have when first approached One of the feelings that came through by the department. Parents are usually strongly from this parent group was that unaware of their options. For example, parents contact visits are used by the department as a should be told that they can have a witness form of control. I am sure that that is not the with them when being interviewed, what case and that officers are doing their best in community services are available to assist difficult circumstances, but a number of them and their right to access legal advice parents stated that they feel they are punished and/or representation. if they are outspoken, because contact is taken away and visits are granted or not Fourthly, parents should be informed in arranged as the case may be. The question of writing of every step in the process and should whether foster children should be calling the be given a written explanation of what is foster carers "Mum" or "Dad" was another of happening and why, and what steps they can the concerns of the parents. I am sure that is a take to assist their child. Fifthly, parents often matter that can be dealt with at family have to push to be heard as the parents' meetings. contributions are not taken notice of and not considered important. Sixthly, parents have to As I said earlier, this Bill reflects the push for case reviews, which in practice are current standards for practice in Queensland. neither automatic nor consistent. Clause 85 of This practice emphasises working with the this Bill provides for review every six months. parents to involve them in decision making about the safety and care of their children, and Parents went on to state that they should assisting and supporting them in their role. To be heard, that case reviews should be that end, the Child Protection Bill provides a conducted on a regular basis and that there legislative base for the family meetings which should be follow-up of court proposals. The are part of departmental current practice. The parents are also concerned about who has a aim of family meetings is to involve the family say in their children's lives and stated that any in establishing plans to address the child's wish of the parent is often overruled by the protective needs and to identify the family's foster parent. They are concerned about specific needs for support. The use of such a where their children go and about their lack of strategy strengthens and acknowledges the say in the matter. They are also concerned parental role by involving parents in decision that a lot of times there is a huge difference making for the child. The child's views are also between the home the child has come from made known and taken into consideration. 448 Child Protection Bill 10 Mar 1999

The strength of this Bill is that it changes in very difficult and complex areas of child the focus from one of blaming parents, protection. The children of Queensland will be irrespective of circumstances, to looking solely all the better for this world-leading legislation in at the needs of the child for protection. This is child protection. I commend the Bill to the seen in the grounds for making a child House. protection order under this Bill. If a child needs Mrs GAMIN (Burleigh—NPA) (3.27 p.m.): protection from harm and does not have a Although the Opposition supports the Child parent able to protect them, an order for Protection Bill, there are some aspects I want protection can be made. The focus is on the to comment on in my brief contribution to this child's needs, not what the parent did or did debate. Some amendments will be moved by not do. The grounds for making child the shadow Minister during the Committee protection orders recognise parental inability stage. without focusing on blame and do not attempt to define all specific circumstances under No-one could object to the obligation on which a child may need protection. The clarity the State to see that a child is protected and with which this concept is expressed in the to obtain an order to take a child into Child Protection Bill represents a first in protective custody if the child is likely to come Australian child protection legislation. to harm. However, there do seem to be some anomalies in terms of what will be classified as Of course, whilst the State intervenes on a parent under the new legislation. behalf of children to ensure that they receive adequate care and protection, it is the Throughout most of the Bill the word operation of substitute care or placement "parent" has a broad meaning and can include programs for children when it is not safe for anyone caring for the child in an ongoing them to remain with their family that effectively way—not only a parent but step-parents or protects the child and provides a safe and grandparents with whom the child lives. stable living arrangement. In many cases Temporary carers are not included in the Bill's where this occurs it is the foster parents who definition of "parent"—that is, relatives with provide that safe and stable environment. whom the child stays for a few weeks or neighbours who mind the child each day. Of Today I recognise the outstanding course, persons who stand temporarily in loco contribution being made by the many parentis, for example school principals, are Queenslanders who have put themselves excluded. Yet clause 11 defines a parent of a forward as foster parents. It is often a child as the child's mother, father or someone thankless, unrewarded and exhausting task. else other than the chief executive having or The publications of the Foster Parents exercising parental responsibility for the child. Association of Queensland give us a little In several other sections the Bill identifies insight into the responsibilities of being a foster "parent" of a child as meaning the child's parent. These include assisting the guardian and, if the child is in a person's department and natural parents in developing custody or guardianship under this Bill, the best future plans for children placed in the includes anyone else who would be the child's home. It also includes providing an guardian if the person did not have custody or atmosphere within the home conducive to guardianship of the child. It would be helpful to each child's social, emotional and intellectual have these anomalies tidied up. growth for the 24 hours of each day that the child is in their care. The Oxford Dictionary defines "parent" as a person who has begotten or borne offspring, This week I was pleased to see the a father or mother, or a person who has Minister rewarding foster parents for excellence adopted a child. "Parenting" is defined as the in caring. She presented the inaugural Foster occupations or concerns of parents. I fear that Care Excellence Award to 13 care providers the new legislation is getting quite a long way around Queensland as part of National Foster from this standard interpretation of exactly Care Day celebrations on Sunday, 7 March. what is a parent and what parenting means. The Minister initiated the awards to We also need to remember that parents acknowledge the outstanding contribution have rights and expectations when it comes to foster carers have made to children placed their children's behaviour, and we cannot go with them. As the Minister gratefully so far as to remove those rights or to prevent acknowledged the generous contribution of them from reasonable discipline within their foster carers throughout Queensland, so do I. households. For instance, we cannot broaden In conclusion, I believe this Bill is long the definition of "abuse" or "violence" to overdue and has the ability to provide support include smacking—the root causes of serious for Government and non-Government partners abuse and violence would be totally swamped 10 Mar 1999 Child Protection Bill 449 and lost in a flood of nonsense about what is children are more valuable than dogs. But to valid or invalid in terms of parental rights and try to prevent parents from exerting reasonable responsibilities. discipline, and to try to prevent parents from Most of us in this House are parents and smacking their children in a reasonable would believe that a smack is an acceptable manner, will not stop abusive parents. There form of discipline for a child. All of us look are dozens of other ways of abusing children, towards raising happy and healthy children and a naturally abusive parent will know them all. The whole purpose of child protection who will grow into responsible adults—dare I legislation is to ensure that children at risk of say normal adults? How many of us here suffering significant harm are protected. today are normal adults? But certainly we would hope to bring them up to be responsible There is another important aspect that adults who will play their part in the community must be understood in the context of any child in which they will live and work and, we hope, protection legislation, and that is responsibility. make some contribution to the community in It is all very well to say that parents are which they will live and work. responsible for their children and that the department is responsible for protecting We love our children. Loving our children children from irresponsible parents who have does not mean that we will let them get away placed them in dangerous situations. But with murder and mayhem in our households. children, too, must be taught responsibility. Loving our children means that we hope they They will never grow into responsible adults if will learn lessons of self-discipline, and it is up they are not trained, from an early age, to take to us to teach that discipline in a caring and responsibility for their own actions and loving manner. Provided we exert our own behaviour. We have all been through this with discipline within ourselves and we do not take our own children. We have taught them that to them with a baseball bat or the buckle end for every action there is a consequence. By of a webbing belt, there is nothing wrong with virtue of their actions, they are responsible for the discipline of a short smack, swiftly delivered the consequences. We understand this, as on a receptive bottom. Discipline with love is adults, because we have learned the lessons important, and parents should be the ones ourselves. Sometimes these lessons are taking responsibility for raising their children in painful, but so necessary if we are sincere in a loving, caring and disciplined environment. our care for children. This responsibility should not be taken over by Governments or Government agencies. It should be remembered that the coalition, when in Government, put through Section 280 of the Criminal Code amendments to the Criminal Code in 1997. specifically allows parents, or those in charge There are many sections of the Criminal Code of children, to exert reasonable discipline which deal with the protection of children, where necessary. Section 280 states that it is including: chapter 22, sections 208 and 209, lawful for a parent, or a person in the place of unlawful and attempted sodomy; section 210, a parent, or for a schoolteacher or master to indecent treatment of children; section 213, use, by way of correction, discipline owner permitting abuse of children on management or control towards a child or pupil premises; section 214, carnal knowledge; under the person's care, such force as is section 217, procuring a young person for reasonable under the circumstances. So it is of carnal knowledge; section 218, taking a child some concern that section 123 of the Child for immoral purposes; section 222, incest; Protection Bill has the effect of wiping that out. section 228, obscene publications and It does seem that the Criminal Code and the exhibitions; and section 229B, maintaining a Child Protection Bill—these two pieces of sexual relationship with a child. legislation—are somewhat at odds with each Section 229 makes it quite clear that, other. The shadow Minister has already except as otherwise expressly stated, it is expressed concern and will be bringing this immaterial, in the case of any of the offences matter forward at the Committee stage. defined in this chapter committed with respect Of course, not all parents are as loving to a person under a specified age, that the and caring as we are. Some parents are accused person did not know that the person abusive of their children. Some parents are was under that age, or believed that the brutal in their treatment of their children. Some person was not under age. Knowledge of age parents should not be allowed to care for is immaterial. Sections 363 and 363A deal with children at all. It is said by animal lovers that child stealing and abduction. Section 364 people should not be allowed to keep dogs if deals specifically with cruelty to children. they cannot treat them properly. Surely Section 364 states— 450 Child Protection Bill 10 Mar 1999

"A person who, having the lawful protect children from harm and the risk of care or charge of a child under 16 years, harm. Where the State has an obligation to causes suffering to the child by— intervene to ensure protection of the child, (a) failing to provide the child with increased accountability will be exercised by adequate food, clothing, medical the statutory body. This Bill also ensures that treatment, accommodation or care families will be supported. Families will be when it is available to the person assisted to protect their children from harm. from his or her own resources; or Provisions are there to involve families in making decisions about meeting the child's (b) failing to take all lawful steps to needs. This includes the child's voice being obtain adequate food, clothing heard throughout the protection process. The medical treatment, accommodation orders are provided so that the least intrusion or care when it is not available to the occurs. person from his or her own resources; or This Bill promotes a partnership between State and non-Government bodies, including (c) deserting the child; or Aboriginal and Torres Strait Islander entities, (d) leaving the child without means of and legislation will address the significant over- support ..." representation of indigenous children in care. Many aspects dealing with child protection are Our Government's commitment to extensive covered in the Criminal Code. consultation processes has meant that, in this legislation, all departments responsible for the Finally, this long-awaited update of child implementation of the Bill have consulted protection legislation has the laudable ministerially, regionally and with peak bodies objective of responding to increased and the general public. community expectations that children will be Child protection practitioners now protected from abuse and neglect, that the recognise the need to assess the child in the Department of Families, Youth and full context of family and environment rather Community Care will provide safe alternative than concentrate on a purely investigatory care for children who need to be removed from approach. While recognition that the child's home, and that the department will provide right to protection is paramount, recognition of quality services to assist children who suffer the right of families to be supported and abuse and neglect. The Bill before the House assisted in the task of providing safe care for has very high aims and ambitions for the children will be implemented. assistance and protection of children who suffer abuse and neglect. I can only hope that Melinda Hinkson, in her Politics of these high aims and ambitions do not become Aboriginality, describes the accounts of the obscured in the day-to-day internal workings of stolen children and their families outlined in the huge and monolithic Department of Bringing Them Home as heartbreaking Families, Youth and Community Care, and reading—the mothers living in daily fear; the that departmental officers are constantly children painted black and hidden away; the reminded of the stated objectives of this wailing, grief and hysteria as children legislation and the stated means of achieving were—literally in some cases—torn from their these laudable objectives. mothers' arms; the historical reconstruction which was then imprinted on the minds and Ms NELSON-CARR (Mundingburra—ALP) hearts of these children; the parents who died (3.36 p.m.): I rise to speak in support of the soon after of heartbreak; the parents who died Child Protection Bill. As a mother of five just months before being reunited with their children, I can wholeheartedly support this Bill, children; and the passing on of emotional which responds to a basic human right: that scars from generation to generation. Bringing children be protected from abuse and neglect. Them Home is an unrelenting documentation Children who are removed from their home for of events such as these, rendered all the more whatever reason should receive safe powerful by allowing the words of those who alternative care, and those children who have lived through such experiences to speak for suffered abuse and neglect must be given themselves. Some of the most violent quality services to ensure that their emotional, treatment of children occurred after they had physical, social and educational development gone in search of comfort and protection from is appropriate. sexual and other physical abuse. For their It is a sad indictment on our society that "lies" they received beatings, solitary not all children are protected from harm and, confinement and, in many cases, were indeed, many of the recent family atrocities returned to the close confines of their most add weight to the fact that we must legislate to feared tormentors. Yet these things were said 10 Mar 1999 Child Protection Bill 451 not to exist, in the same way as the existence families stemming from their history as of the mothers, families and Aboriginal indigenous Australians, as evidenced by the communities from which these children were over-representation of indigenous children in taken, along with their very Aboriginality, was care. also "disappeared". The child placement principle requires The responsibility of the State is to departmental staff to: consult with and involve intervene to protect children when necessary representatives of Aboriginal and Torres Strait and to do so in a way that recognises the Islander child-care agencies or other rights of all individuals involved—in particular to appropriate community representatives during ensure that when intervention occurs it does investigation of child protection concerns and not exceed the degree necessary to protect at all stages in intervention; and when placing the child. Accountability in the exercise of Aboriginal and Torres Strait Islander children in authority and in administrative decision making out-of-home care for protective reasons, to includes administrative appeal. There is an preferably place them with the child's extended adherence to the fundamental principles of family, secondly within the child's community, equity, equality and participation and those and failing that with other Aboriginal or Torres arising from recognition of ethnic and cultural Strait Islander people. In 1991, the Royal identity—in particular recognition of Aboriginal Commission into Aboriginal Deaths in Custody, and Torres Strait Islander cultural practices. noting the high rate at which indigenous Improving child protection services to children are separated from their families and Aboriginal and Torres Strait Islander communities, recommended that States and communities is a priority for the Department of Territories provide legislative recognition of the Families, Youth and Community Care. The child placement principle. report of the National Inquiry into the The Northern Territory, New South Wales, Separation of Aboriginal and Torres Strait Victoria and South Australia have incorporated Islander Children from Their Families, Bringing the child placement principle in child protection Them Home, made a number of legislation and the Queensland Government is recommendations concerning the child welfare doing likewise in this Bill. Working protocols system. In particular, it recommended that between Aboriginal and Torres Strait Islander Governments must allow a greater degree of community agencies and the department's involvement by indigenous communities in the area offices will provide an agreed basis for the administration of child welfare. This Bill practical implementation of the legislated responds to this call by legislating to ensure requirements. proper consultation and partnership at all The new legislation, together with policy, levels when the Government is acting to practice guidelines and protocols, will provide protect Aboriginal and Torres Strait Islander an integrated framework for child protection children and support families. service delivery to Aboriginal and Torres Strait There has been extensive consultation Islander families throughout Queensland. The with Aboriginal and Torres Strait Islander core tenets of the framework, such as communities in the development of this participation of the family in decision making, legislation. Key principles of the Bill reflect the apply equally to all families. However, the way views expressed by Aboriginal and Torres in which family meetings and placement Strait Islander community groups. The Child meetings are conducted for indigenous Protection Bill recognises the role of children is flexible, ensuring the resultant plans appropriate community representatives in are meaningful and the process is culturally providing advice and information about sensitive. I commend this Bill to the House. Aboriginal and Torres Strait Islander children Mr PAFF (Ipswich West—ONP) and families to persons exercising powers (3.45 p.m.): The Child Protection Bill is an under the Act. It sets legal requirements about emotive subject when one considers the consultation, taking cultural advice into protection of children, and that is of the utmost account when exercising powers, and placing importance. We consider the family unit to be children in culturally appropriate placements. the best place for a child. Parental discipline is The member for Kurwongbah alluded to necessary to the wellbeing of children. People clause 6. It recognises the special needs of who abuse children are animals and deserve indigenous children, their families and nothing less than the harshest of punishment, communities to receive services that meet their especially when that animal is the child's needs and avoid dislocation of children from parent. Sadly, that is often the case. What we their communities. It recognises the unique must be careful of is involuntarily protecting the needs of Aboriginal and Torres Strait Islander abuser when the aim is the opposite. We must 452 Child Protection Bill 10 Mar 1999 also be careful that we do not remove children generous way but I am sure it made them re- from good family environments when the aim evaluate the importance of the children in their is to remove children from harmful lives and appreciate them a little more. environments. The publicity allowed Matthew's mother The Bill before us certainly appears to and her de facto to be seen by all for the vile allow the relevant authorities more than creatures they are for committing such acts. enough power to enter premises, remove They were identified to the public, and I am children and other items and obtain orders for sure the community will not forget their actions the assessment of children. But does it allow for some time to come. If this legislation had too much power? What if the alleged crime of been in place at the time those positive effects the parents is that they have smacked their upon the community and upon Matthew and child for misbehaving? Is this action covered his family would never have occurred. The within the definitions of the Bill? public would not have seen examples of such Under clause 9(1) the Bill defines "harm" abuse and hence would never have been as being any detrimental effect of a significant moved to action by them. nature on the child's physical, psychological or I am not suggesting that all children emotional wellbeing. Who determines what is should be identified, but should there be a harm of a significant nature to the child's blanket ban on the public knowing of any child physical, psychological or emotional wellbeing? abuse situation? Why not leave the situation I would suggest that such a definition is far too up to the child or the child's remaining family or ambiguous. Does it include normal parental guardian? Sometimes good things can come discipline? out of tragedies, especially if tragedies can There is much ambiguity in this Bill. In help others. Just as we do not have the right to reveal the identities of all child abuse typical style, it is filled with some warm and victims, we do not have the right to stop them fuzzy statements that are open to discretionary or their families from doing so should they so definition or are unquantifiable. The Bill choose. embraces the United Nations Convention on the Rights of the Child—another document full I reiterate that One Nation's absolute of warm and fuzzy statements with little belief is in the protection of children. I also realistic substance. The convention was an reiterate our concern for a balance to be found agreement that is another example of the between protecting children and bureaucracy ridiculous issuing of rights without intruding into people's lives and reducing their responsibilities. It was an agreement which rights. Our belief is that it is Australians who was developed by some unelected delegate in should be inputting into the laws of this some other country. country, not bureaucratic delegates who make agreements that most Australians do not even I have great concern also with the know about. The concerns that I have provisions for protecting the identity of the child mentioned are small elements of the Bill, but under clause 183(2). This provision will also have large ramifications and I am concerned ensure the protection of the identity of the that these issues remain unaddressed. child's abuser or abusers. Yes, there are children who will be exposed to further harm Hon. J. FOURAS (Ashgrove—ALP) should the case be spread across television (3.50 p.m.): For too many years in this House I screens and newspapers, but there are also have been waiting for a chance to debate a situations where such publication can help the Child Protection Bill. Today, I am delighted to child and the community. have this opportunity to debate this Bill, but I am more delighted by the fact that this I use the example of Matthew Nemet, a legislation can be described only as excellent. three-year-old boy who was tortured by his mother and her de facto husband in 1997. All children have a fundamental right to a This little boy was seen on television screens safe, caring and nurturing environment in and on the front pages of newspapers for days which to grow. For some children, their parents after the events occurred. The boy's father was are either unable or unwilling to care for them. flooded with offers of community support. He Therefore, the State has a responsibility to received offers of toys and other aids to help intervene and protect them. The legislative Matthew get over the horrific abuse he base for this protection will now be found in suffered. This generosity helped the father as this excellent Child Protection Bill. well. The community was obviously very Unfortunately, historically all States have touched by pictures of Matthew and been unable to meet their statutory obligations knowledge of the abuse he suffered. It not to protect children from exploitation, neglect only moved many people to act in a kind and and abuse. I know that this is a resource issue; 10 Mar 1999 Child Protection Bill 453 nevertheless, it is an issue that needs to be concept that parents have duties to children, addressed hand in hand with the legislation. I not rights. I repeat that: parents have duties to remember being a shadow Minister when the children, not rights. then Director of Children's Services stated in As I said, a rights-based approach can an annual report that he did not have the lead to conflict between the rights of children resources to meet his department's statutory and the rights of parents. However, the obligations. That was appalling. In a country as Preamble of the United Nations Convention on rich as Australia, and a State as rich as the Rights of the Child—and that was opposed Queensland, if we allow that situation to by conservatives throughout Australia—refers continue we should be ashamed of ourselves. to the family as a fundamental group of I congratulate the Minister for Families, society being afforded the necessary Youth and Community Care, Anna Bligh, on protection and assistance to fully assume its her promptness in introducing this Bill late last responsibilities. This legislation does that. year. As I said, it is long overdue and will Article 3 of the Convention on the Rights of the provide a modern legislative framework to Child states— ensure the protection of children. The Child Protection Bill is about recognising the "The best interests of the child shall interests, rights and responsibilities of all be a primary consideration." concerned. Although similar legislation exists in The best way to balance these concerns is to other States, I think that this Bill is better than recognise that implied in children's rights is the the legislation of other States. However, they responsibility on adults to ensure that any are all based on the United Nations action taken is in the child's best interests. Convention on the Rights of the Child. Therefore, as I said before, children have There are two recent and distinct rights; parents, adults and carers have developments in child protection policy. Firstly, responsibilities. The Convention on the there has been a change from the reactive Rights of the Child uses the phrase "primary system to the use of more preventive policies consideration". Most jurisdictions in Australia, and family support services to assist the family including the Family Court, use the term to protect the child. Secondly, there has been "paramount consideration". The Scrutiny of a children's rights based approach. Legislation Committee pointed out to the Consequently, because of a real possibility of Minister that Article 3 of the United Nations conflicts between children's rights and parents' Convention on the Rights of the Child uses the rights, there is a need to attempt to balance phrase, "primary consideration". The Minister these competing concerns. The family support responded— model aims to help the child and family without "It is the intention of the legislation threatening the child's removal and, therefore, that when conflict arises, the welfare of produce a more cooperative and less the child is to be the decision maker's stigmatising or traumatising environment. This primary consideration and not simply one legislation is not about blame; it is about of a number of considerations." helping families. Ultimately, it is about protecting the rights of children to live in a I think that is a worthy goal. I think that the nurturing environment. However, that risks the Minister should be congratulated on really distinct possibility occurring that the focus underlining the welfare of the child as the becomes on the family's needs rather than on primary consideration. When it comes to the child's right to protection. Therefore, children's rights, I believe that Queensland's children may remain with the family longer and legislation is far in front of the field. As I said, are thereby exposed to further harm. So in the that goal is commendable. It underlines a family support model, we have to be careful policy change from a reactive approach to about not making a decision and allowing a child protection to family support child child to stay with that family in a very harmful protection and that the interests and rights of situation. the child must not be ignored. I have stated previously that, ultimately, Therefore, the philosophy of the Child the sources of child abuse and neglect are the Protection Bill is based on a rights framework. adult attitudes which view children as That allows child protection workers to clarify possessions or a social and economic burden. competing demands and to determine Too often members opposite speak about the priorities for competing interests. That is a right of parents to punish children. They call dilemma. I do not suggest that the issues are that discipline. They say, "Use the Criminal black and white. There are areas of grey. Code when people do the wrong thing." However, this Bill allows that philosophical However, they do not really understand the goal. It allows the child protection workers to 454 Child Protection Bill 10 Mar 1999 clarify competing demands and determine the In the Minister's submission to the priorities of competing interests. Scrutiny of Legislation Committee, she argued It has been stated that the United Nations that the Bill attempts to move away from an Convention on the Rights of the Child is emphasis on parental blame and that the concerned about four Ps: the participation of focus of the Bill is "upon whether the child children in decision making, the protection of needs the intervention of the State to be children against discrimination and all forms of protected". Whatever the reason a child has neglect and exploitation, the prevention of been harmed, the child has a right to harm, and the provision of assistance. The protection by the State. Child Protection Bill 1998 is based primarily on In his speech in the second-reading these principles. If members look at the debate, the shadow Minister, Mr Beanland, safeguards contained within the Bill—and I am spoke of the need for adequate resources to sure that the members opposite, in their go with the legislative change. I agree with discussions, are not willing to underline him. I indicated earlier that, in a country as rich them—they will see that, for example, every as Australia, it is appalling that we cannot child has a right to protection from harm and resource the protection of our children. In the that the welfare and vested interests of the eighties, a director-general of Children's child are paramount. I have underlined that Services reported to the Parliament that he point when speaking about the rights-based could not meet a statutory obligation to protect approach of the Bill. However, the Bill states children. It is interesting to note that under his also that the State has a responsibility to own legislation he should have been charged intervene to protect children while recognising with neglect and abuse because he could not that the primary responsibility rests with the do his job. The State has that responsibility. family. I repeat that: the primary responsibility The Minister is attempting to address this rests with the family. That is, the welfare of the issue and she is to be congratulated for it. child is a child protection worker's primary Recently, she announced the provision of consideration. $30m for this financial year and $33m for the It is important to note that that principle next two years in a 10-year program. In an should be considered with another principle of ideal world more funding would be available, the Bill, which is that intervention should be as but this is a good start in the development of a least intrusive as possible. Furthermore, contemporary, caring and responsive child limitations also exist in the Bill. For example, protection system. officers must seek a judicial order within eight Finally, I turn to the Charter of Rights for a hours of taking a child into protective custody. Child in Care. It must be noted that we are Moreover, a care and protection order is made talking about the Parliament recognising the by the court only when "the level of harm must State's responsibilities in regard to children in be significant" and the order is "appropriate care. As the State has taken over the care of and desirable for the child's protection and this the child, it effectively acts as the child's parent is unlikely to be ensured by an order on less and must meet its statutory obligation to intrusive terms". So in the end it is a matter of protect that child. The director-general must judgment. However, the judgment must come inform children of the charter and its effect, down on the side of protecting the rights of the and ensure that it is complied with. child and preventing further harm from being caused to the child. The 11 headings of the Schedule are based around the four Ps that I spoke of Anna Bligh, who I think is an excellent earlier: protection against neglect, prevention Minister for Families, has stressed that under of harm, provision of assistance and the proposed child protection legislation participation in decision making. I shall address officers will proceed with a preference for some of those issues, but before I do I must working with families to protect children. say that in his speech Mr Beanland criticised Nothing could be clearer than that. The Bill the charter as it did not refer to the moral provides processes for that to be practised. For wellbeing of children. Considering the diverse example, before the court makes an order for society that we live in, I wonder how he would the protection of a child, a family meeting must define that phrase. He said also that the have been held to consider ways to meet the charter did not deal with stability, which was a child's needs. If the application for an order is predictable, meek and weak attempt to to be contested, a court ordered prehearing discredit the Charter of Rights for a Child in conference must be held where the Care. attendance of the parties except the child is compulsory. Provision (a) of the charter requires that a child be provided with a safe living 10 Mar 1999 Child Protection Bill 455 environment. As honourable members and the recently closed down, unfortunately. In 1998, Minister are certainly aware—indeed, an we received a grant to help children at risk to inquiry is currently being conducted on this develop work skills. We took 20 young people topic—in the past, children in institutions were from the John Oxley Youth Detention Centre. often abused. Studies have indicated that In fact, on the third day of the program a few seven out of 10 children in institutions were of those children committed a break and enter. abused at some stage of their stay. When I The 22-week program involved training in was the shadow Minister, I remember areas such as cleaning, retail and welding. In a speaking about the Sir Leslie Wilson Centre, non-judgmental way, we asked those kids to which at that time treated kids as though they think about what they wanted to do with their were mad or bad. It was a crazy set-up. As lives and to accept the opportunity that we members opposite have suggested, kids who were offering them. At the end of the program, were likely to be in moral danger were placed of those 20 young people 15 got jobs. in such institutions. For example, young kids Members should have seen the difference in having a cuddle in the back of a car would be them from when they started the program to put in an institution with very hard kids who when they finished it. It is important that the had done some dreadful things and, of State accepts responsibility for providing job course, would learn to do dreadful things training opportunities. themselves. That welfare system was Provision (k) of the charter of rights states shocking. We need to ensure that non- that a child should receive appropriate help Government services are accredited. We have with the transition from being a child in care to accreditation with child-care centres and we independence. It is appalling that in a should have accreditation right across-the- submission to the Burdekin inquiry—with which board. That is very important. I was involved—the Queensland Government Provision (b) of the charter states that indicated that it was aware that the majority of children need to be placed in the care that the young people who lived on the streets had best meets their needs. In the past I have been wards of the State at some stage, that been critical that often options are not tailored is, they had been under care. The Burdekin to meet the needs of the child but, rather, report concluded that the failure of the States children have to fit the available options. That to provide appropriate nurture and support to is not acceptable and, therefore, provision (b) children committed to and leaving their care is of the charter of rights is very important. a serious indictment on the willingness and Provision (c) of the charter refers to capacity of those authorities to properly maintaining relationships with the child's family discharge their legal and social responsibilities. and community. When I was involved in the Burdekin concluded that the placing of a child inquiry into homeless children that was held in care was a path to homelessness. between 1986 and 1989, the most important In 1995, some seven years after the thing that I discovered was that family Burdekin inquiry, the Commonwealth dysfunction led to homelessness, that blended Parliament Standing Committee on families were susceptible to sexual abuse, and Community Affairs tabled the Morris report, that socioeconomic factors such as poverty which concluded by stating that the increasing and a lack of social support, parenting skills evidence of youth homelessness is connected and poor parent/child relationships had an to an inability of State welfare departments to impact on the number of young people who provide adequate care for adolescents. live on the streets. I discovered that the Obviously, little has changed since the greatest poverty that children on the streets Burdekin inquiry. Groups such as the suffered from was a lack of relationships. In wonderful Brisbane group Friends From Care Scandinavian countries, more than 80% of have been set up because young people children are placed with extended family aged from 14 or 15 years have been left in the members or with close family friends. In streets without any care or support. Australia, that figure is less than 20%. It is very In conclusion, I congratulate the Minister. important that, through the conferences This is the best set of principles and guidelines process, we make a greater effort to increase that any Legislature in Australia has that figure, because in Scandinavia that developed. We have gone from an outdated system is working very well. Children's Services Act to state-of-the-art Members have discussed the provision of legislation. I know that Anna Bligh has a great therapeutic services, education, job training deal of passion for her job and she has great opportunities and so on. Until recently, I was compassion for the young people who need the president of a community-based training our protection. I hope that we can find the program called Ultimate Training, which has resources—which will be the ultimate test of 456 Child Protection Bill 10 Mar 1999 the legislation—to make this meaningful and the teachings of Jesus Christ as they legislation. I am positive that at last we are on deliberate on the legislation that comes before the right track. It is great to be here today, this House. All honourable members should finally taking part in this debate. I commend appreciate that every piece of God's word is the Bill to the House. useful for teaching, preaching, correcting and Mr FELDMAN (Caboolture—ONP) rebuking. Also, members should note with (4.09 p.m.): I, too, share the thoughts of the some trepidation that, if they remove those member for Ashgrove in relation to the principles, they will have a lot to answer for protection of children. It is of paramount when they meet Him. importance to all honourable members, This Bill raises some serious questions. It especially those from One Nation. The biggest is based on an international convention into issue in creating legislation to protect children which Queenslanders had no input, and its is finding the balance between protecting definitions are ambiguous and too open to those who really require help—that is, giving interpretation. For example, I note with interest rights to children who need them in order to clause 123(2), which mentions the corporal get them out of a dangerous situation—and punishment of children whilst in care. It giving rights to children who will abuse those states— very rights at the expense of the parents trying "... techniques for managing the child's to do the right thing by their children. behaviour must not include corporal Over the years, children have been given punishment or punishment that too many rights and far too few responsibilities. humiliates, frightens or threatens the child We have allowed our society to become in a way that is likely to cause emotional excuse makers for our children's behaviour. harm." They have become more and more What constitutes "emotional harm"? I heard undisciplined and unruly. The reasons are the Minister say earlier that a court will decide many. I find the Labor Party's stance on this that. The trouble is that the authorised officer issue ironic. The Minister for Families is a must make that determination in the first contradiction of the highest order. She is instance and then bring the matter to court. So constantly preaching about the protection of he decides initially what he thinks constitutes children, yet she aids in the cover-up of the emotional harm. How does one determine Labor Party's shameful shredding of what causes emotional harm? Who documents revealing child abuse. She determines whether an action has caused supports same-sex families and seemingly emotional harm? How would this work if the every other form of attack on the family unit. child were placed into a caring environment Labor members spend so much time acting as with a carer's own children who receive normal sycophants to minority groups and civil parental Christian discipline, for example, as libertarians that they cannot seem to focus on per section 280 of the Criminal Code? Would fixing the problem at its core. Instead, they the protected child not feel an outcast from simply continually mend it after the fact. Is it that family or feel uncared for if they, too, did any wonder that we approach this legislation not receive that normal family punishment? with great trepidation? When will they wake up and realise that their party's continual There are some members who perhaps endeavours to remove traditional Christian may have felt the sting of a Christian Brothers principles from society and replace them with strap at some stage. I do not think they would utopian human rights contribute to societal classify that as some sort of abuse. I grew up breakdown and support the type of in a nice, loving, Christian family home. I, too, environment in which children can be abused? felt the occasional sting of the strap, but it certainly did not alter the way I cared about my I take on board the comment of the parents. It did not alter the fact that I never felt member for Kurwongbah that we cannot abused in any way, shape or form. legislate morals. Indeed, we cannot. But we should not be introducing legislation that Mr Reeves: Is this a lecture or a speech? removes the ability of parents to impart them. Mr FELDMAN: It is probably both. As mentioned by the member for Ashgrove, it Perhaps the member should listen. I also felt is a part of parents' duties to impart morals the nice tangy taste of Sunlight soap when I and good values to their children. I am not brought home the odd word that I should not greater than God, but I will acknowledge and have brought home. honour His word in this House, and so should Mr Schwarten: It didn't stop you every other member; they pray the same swearing. prayer that I do each morning in this Assembly that they will give countenance to God's word Mr FELDMAN: It certainly did. 10 Mar 1999 Child Protection Bill 457

Would the protected child not feel an "However, the comment is made that outcast from that family or feel uncared for if it, the 'issues raised by the Committee about too, did not receive that normal family the making of allegations which are punishment? What if the child merely did not knowingly false, are worthy of further like discipline at all and did not want to consideration'. Information will be sought conform? Would this clause allow a child to from other jurisdictions in this regard"— manipulate the system? There are many such and the Minister may wish to make some clauses in this Bill which are simply too open to further comment. Mine must be one of the interpretation and which require much greater only electorates in this State where people clarification. have felt that false accusations have been An Opposition member: Verbal made against them. I note with concern that I diarrhoea. have had numerous calls about regressive or Mr FELDMAN: Does the honourable "oppressive" memory therapy, and there are member feel that his parents were abusive? people now in jail because of this piece of Did they ever hit the honourable legislation. What is "abuse" to an alleged member—maybe tap him on the backside expert in psychoanalysis? when he was a youngster? I imagine they The Scrutiny of Legislation Committee would have and yet he is now in this House does mention the fact that there is a failure in calling that treatment abuse. I would never the Bill to expose the legal liability of people stoop so low as to say that my mother or who make false accusations, and I look father were abusive in any way, shape or form forward to the Minister's response about how in respect of the discipline that I received. that anomaly can be fixed up. I fail to see how Under Chapter 5, Regulation of Care, I this can be the case and how, if it were the note with interest that children are to be case, allowing it would cause any harm. It may provided with material needs—schooling, in fact encourage people to ensure that they recreation, dental, medical and therapeutic have some substance to their allegations prior services, just to name a few. Does the to making them, which would surely be a good Government intend to supply enough financial thing to encourage in any situation. support to the carers of these children to This Bill is full of unclarified statements ensure that this level and standard of care can based on civil liberties, utopian rubbish and the and will be carried out? How much money will it United Nations convention, which does not cost? Where will it come from? Will this be think to mention the responsibilities of children. another strain on our already overburdened We are increasingly becoming a society where welfare system? This was highlighted by the parents are afraid to discipline their children for member for Indooroopilly, who asked the fear of being sued or imprisoned for child same question: where and how much will this abuse. I have a letter addressed to Mr Beattie cost the taxpayers of this State? from a minister in Maryborough, which states— I wish to mention the Minister's response to the Scrutiny of Legislation Committee, as "Juvenile crime statistics for published in the Alert Digest No. 2 of 1999. Queensland should shock any thinking The Scrutiny of Legislation Committee person. There were 44,766 crimes mentions the failure of the Bill to expose the committed by juveniles. We can all see legal liability of people who make false that as a problem but, what is the root accusations. The Minister's response states— cause of the problem? "... making of reports which are known to For many years officers of the Dept. the notifier to be false is, in the of Family, Youth and Community Services experience of the DFYCC, a fairly rare have deemed it their duty to stop parents occurrence. In the overall interests of disciplining their own children. Rebellious children, sanctions against persons children have used these officers to make making dishonest complaints are not themselves above punishment for minor emphasised because to do so would crimes and offensive behaviour at home, have the effect of dissuading many at school and out in the community. honest notifiers who were (though As a result of this interference by the needlessly) anxious about the possibility DFYCS officers, Queensland has created of prosecution if their concern proved this new uncontrollable super brat. These unfounded. This would have the effect of super brats become so anti social that reducing the likelihood of concerns about they are often taken from the homes children being reported by the public." where they received too little discipline The Alert Digest goes on to note— (because of DFYCS interference) and 458 Child Protection Bill 10 Mar 1999

placed in institutions which are training Opposition. If the honourable member centres for our future hard core criminals. believes that this legislation should be taken If we do not address the problems back and redrafted, he has the opportunity created by some really crazy and queer both as an individual and on behalf of his party people who have responsible positions in to put up his own amendments to this Bill to DFYCS, Queensland will surf on this show us what he would do to make this Bill juvenile crime wave for fifty years. better than he sees it currently. The bible says we must take the rod The simple and easy answer for the of corrections to our children. Most honourable member for Caboolture and the parents are wise enough to use such other members of One Nation is to tag onto force as is necessary. They seldom go the back of the National and Liberal Parties. If overboard. Many DFYCS officers are they think that this legislation is so bad, they young theorists without practical should bring in their own legislation. They are experience"— willing to bring in a private member's Bill to amend the Weapons Act and they are willing in the raising of children. The letter continues— to bring in a private member's Bill and come "If we investigated the crime wave we back and have a second shot at citizens' would find most repeat offenders are the initiated referendums. This Bill, in my view, is ones who have been in the care of far more important than either of those pieces DFYCS officers. We must stop DFYCS of legislation. Why have they not put up a academics interpreting the law to say a private member's Bill before today in relation to smack on the bottom is assault and a this matter? child confined to his/her room has been Ms Bligh: They are too lazy. deprived of liberty." Mr NUTTALL: The simple reason is, as The Bill also encourages child abuse to my colleagues on this side of the House are be swept under the carpet, rather than to be saying, firstly, they are too lazy; secondly, they seen and learned from by the community. are incompetent; and, thirdly, they simply have Children are precious and should be protected not read this legislation. at all costs, but we must make sure that in doing so we do not allow disruptive children to Mr FELDMAN: I rise to a point of order. I abuse the system or good parents to be find the comments of the member for falsely accused and have little power to prove Sandgate highly offensive. If he is talking otherwise. Have no doubt, we strongly support about a Bill that needs appropriation, we the protection of children and we support cannot put it up. He should know that. anything that helps create an environment in Mr NUTTALL: I did not refer to any which children can live safely. We believe in individual in those comments. attacking the problem at the core and encouraging a society in which child abuse will If we look at this Bill, we see that it is called the Child Protection Bill. In this debate, be very, very minimal. a number of people on the opposite side of The coalition is intent on bringing the House have focused on punishment of amendments before this House, and we will be kids, not on the protection of kids. This is supporting those amendments. I really think about the protection of young people in our that the Bill itself should be taken back and society. It is not about whether we can or rewritten so that it takes into account the cannot smack our children. Let me say to the parents and not just the child. We will be honourable members on the opposite side of supporting the amendments to be moved by the House that if they want to smack their kids the coalition. they can. We are not going to stop them from Mr NUTTALL (Sandgate—ALP) smacking their kids, and this legislation is not (4.22 p.m.): The one thing that I think really going to stop them from smacking their kids if irks most members in this Parliament is people they think they are being naughty. They can lecturing them. I do not mind participating in a bring up their children in the way they see fit debate, but I take great offence at people but, by crikey, if they step over the line the law lecturing me. I take great offence at the of the land will step in, as it should. approach of the honourable member for Any legislation which enhances the Caboolture in particular to this Bill. welfare and the protection of children should The honourable member has made a be supported by all members of this number of, in my view, rash comments Parliament. I commend the Minister and her regarding open-ended clauses in the Bill. His department and anyone else who has been simple answer is: we will support the involved in bringing this legislation before the 10 Mar 1999 Child Protection Bill 459

Parliament today. At the end of the day, when Mr NUTTALL: Honourable members this legislation is passed, it will be in the best should sit down and read the convention; I do interests of all children in this State. Those of not know what the drama is. In his us who are parents know that. I have to say contribution, the honourable member for that I have been blessed with three wonderful Ashgrove commented on the convention and children. Being a parent brings a great amount what he termed the four Ps—participation, of joy to those of us who are fortunate enough protection, prevention and provision of to be in that position. Children can give us lots assistance for children and their basic needs. of love and lots of enjoyment. In my view, the This convention that we are talking about was family unit is one of the mainstays of our actually ratified on 17 December 1990, and it society. Having said all that, I am looking came into force here in Australia on 16 forward to the day when I will become a January 1991. grandparent, but my children tell me that I will The Commonwealth Joint Standing have to wait for some time yet! Committee on Treaties recommended to the One of the responsibilities of being a Commonwealth Parliament that the parent is the caring for and the nurturing of the convention should be implemented in such a child. All of us here are appalled when we see way that the parents and the family unit are and when we hear about children being supported. That is what the committee said mistreated. The Bill that is before us today is and that is the main thrust of what we as a about changing that. It is about saying, "Look, society believe in. we are going to take those children into care. Some of the key principles of the Child We are going to look after those children." Protection Bill before us today are that every However, the Bill also talks about the family child has a right to protection from harm and unit, and I will come to that a little bit later on. that the welfare and the best interests of the In my view, anyone who mistreats children, child are paramount. There is nothing sinister particularly adults, commits an act of betrayal or untoward in the principles of the legislation. of trust that children place in adults. It behoves all of us to ensure that we, as a civilised The Child Protection Bill demonstrates a society, do everything that we possibly can to preference for working in a cooperative ensure that children are brought up in a loving manner with families to protect children. and caring way. Clause 57 sets out that before the court makes an order for the protection of a child a There are a number of key principles in family meeting must be held to consider ways the Bill, and I will not cover a lot of the things to meet the child's needs. If the application for that have already been said in this debate. an order is to be contested, a court ordered One of the things that the Bill does say is that prehearing conference must be held. A family the primary responsibility for raising a child meeting would be similar to a family group rests with the family. This is not about some conference. Simply, this legislation says that if so-called Labor conspiracy, as has been a course of action has been undertaken suggested by those on the other side. The whereby a child may be removed from its Labor Party does not want to go out and take parents there will be a family meeting. There children away from their families and put them are guidelines and safety nets to ensure that in protective custody. In relation to raising a all people involved in the situation are taken child, the Bill goes on to say that the preferred into account and that all care is taken. way to help people who are having difficulties is by providing support to the family. That is As the honourable member for Western what this is all about. That is what the Downs said in his contribution, it does not take legislation is trying to do and that is what the long for constituents to start visiting new department is trying to do. members of Parliament with various concerns relating to children and the rights of children. We have heard time and time again Issues relating to children and Family Court about the United Nations Convention on the matters are probably the most disturbing Rights of the Child. If honourable members things constituents come to us with. It is care to get in touch with the Parliamentary difficult to deal with those issues; I know that Library, they can get a copy of this United people working in this field have an extremely Nations convention. There is nothing in that difficult task. Sure, mistakes are made—no- convention about some form of conspiracy one denies that—but the Bill before us today theory that we as Australians should not abide tries to provide as many safety nets as by. possible to ensure that all parties are looked Mr Braddy: It is all in invisible ink. after. 460 Child Protection Bill 10 Mar 1999

This Bill aims to provide a legislative Understanding of the problem of child framework for the protection of children while abuse has increased immensely over the 30 recognising that to do so effectively means years since the implementation of the balancing the competing rights and interests of Children's Services Act. The new legislation those involved in the process. It is important to needs to ensure that the voice of the child is remember that this legislation is not simply heard the loudest throughout the child about taking children away from their families. protection process. Extensive community This legislation tries to say that if we have a consultation has occurred in relation to this Bill, problem with children and their families we will with key stakeholders and members of the sit down with the family unit and try to work it community. through and, wherever possible, ensure that The Bill gives officers authority to enter the family unit is maintained. premises without an order in defined I believe that this Bill is one of the most circumstances where the child is at immediate important pieces of legislation we have had to risk of suffering significant harm and it is not debate in this Parliament. I commend the appropriate to obtain an order. This gives Minister, her office, her department and all of departmental officers the discretion to act the other people involved in putting this quickly in an emergency to prevent harm to a legislation together. Nothing in this society is child. Counselling skills on the part of officers is as important or as cherished as are our an essential quality in intervening in these children. circumstances. Mrs ATTWOOD (Mount Ommaney—ALP) The position of child protection officer is a (4.33 p.m.): I rise to speak in support of the difficult one. It is one which requires good Child Protection Bill 1998, which will replace in judgment, ability to quickly assess a situation its entirety the outdated and limited Children's and the characters involved, and ability to Services Act 1965. The protection of our provide warmth and protection for a child victim children is an issue close to all our hearts. whilst taking a hard line with offenders. Any When we read or hear about the abuse of a legislation which makes the job a little easier is child or children, which seems to be reported welcome. These officers constantly have to more and more regularly these days, we lose a balance the rights of the child with the rights of part of ourselves. We wonder how human the parents. beings can inflict pain on or neglect an What of the rights of the child? The innocent child—a child who does not have our Convention on the Rights of the Child was street wisdom, our physical strength, our age adopted by the UN in 1989 and has since or our ability to defend ourselves. been ratified by every country except Somalia Unfortunately, this happens too much in our and the United States. Does the convention communities. It is rarely publicised and mostly extend the notion of child autonomy and rights hidden within the family unit. too far? Elizabeth Evatt, a member of the In 1996 there were 9,770 notifications of United States Human Rights Committee, child abuse in Queensland to the Department explains that an important distinction between of Families, Youth and Community Care. This choice rights and protection rights is the centre resulted in 15,478 cases being investigated, of the argument. She states that protection involving 11,908 children, and 4,895 cases rights mean that the States may intervene to were substantiated. Neglect was the most protect a child who may be in an abusive common type of abuse substantiated, situation. The other right is rather like a civil particularly for children under five years of age. and political kind of right which every human Physical abuse was involved in 34.2% of all being has. cases substantiated. The highest number of Australian law allows for protection against substantiated cases of physical abuse involved intervention until parents have been abusive or children aged between 10 and 14 years. neglectful or unless the child is incorrigible. The Unless the hearts and minds of the UN convention intimates that the State could offenders can be accessed, nothing can be be invited to intervene where parents are done to stop abuse and neglect occurring. But acting unreasonably or not in the child's best the Government can minimise the impact on interest, but there is no guidance in the and try to protect these defenceless children. convention about who should make that The object of the Child Protection Bill is to decision. provide for the protection of children from With the Child Protection Bill 1998 the abuse and neglect, and the Bill responds to Queensland Government aims to establish a the need for children to receive safe alternative legal framework that will provide for the care and services. protection of children whilst recognising that to 10 Mar 1999 Child Protection Bill 461 do so effectively means balancing the members in this Chamber today would agree competing rights and interests of those wholeheartedly with that aim. We would have involved in the process. This means ensuring different interpretations of aspects of the Bill that, in protecting the rights of the child, the and the ways in which protection can be rights of others, in particular the parents or achieved, but we would all agree that children guardians, are also respected. In addition, the deserve as much protection and as much State recognises that providing assistance to safety as we can possibly offer. the parents or to the child's family will ensure I also commend clause 5(c)—Principles protection of the child. for administration of Act. That is a reaffirmation Departmental practices will be of the that "families have the primary responsibility for utmost importance when both parties attempt upbringing, protection and development of to reach voluntary agreements for the their children." There was a period—and it was protection of the child, and their success will not that long ago—when responsible mothers ensure that the overall framework of the Bill and fathers felt very vulnerable if they were out works effectively to achieve its aim. I in public and their child misbehaved and their congratulate the Minister for Family Services recourse in the situation was to give the child a on this Bill and I commend it to the House. smack—and I mean a smack as opposed to Mrs LIZ CUNNINGHAM (Gladstone—IND) abusing them. They went through a period (4.40 p.m.): As has been said by other when they genuinely felt vulnerable if they did members, this Child Protection Bill is a most that, because the word had been spread that important document for children in our State. I smacking one's child was tantamount to abuse would like to acknowledge not only this and that court action or legal action could be Minister for tabling the document but also the taken against them. I believe that there are previous Minister for Family Services, Naomi thousands and thousands of responsible Wilson, because I know that she was greatly parents in Queensland who administer committed to the intent of this Bill—albeit her correction to their children in a scale. It might document may have been different. But I start with deprivation of certain activities or know that she worked fairly hard to try to get articles that the child would receive normally as additional protection for children in our State. a reward, and they are withheld, and it escalates to the point at which the child is The difficulty that I have with child given a smack. In common with many protection matters and family services is that, members, I have had children, and sometimes in my electorate, I usually only ever hear about that is the only action to which children incidents in which, in the view of the person respond. visiting my office, the department has failed to meet its responsibilities. I do not know how I also commend clause 5(d)—Principles many members have people coming into their for administration of Act, which states that— electorate offices and talking about all the "... the preferred way of ensuring a child's great things that the Department of Families wellbeing is through the support of the does. So it is very easy for me to read this child's family." document from a relatively jaundiced point of Nothing could be truer. The best nurturing, the view because of that experience. I have to say best care and the best developmental controls to the Minister that I have not had anyone and guidelines are provided by a child's own come in and say what brilliant people her family. It is in keeping with their culture, it is in officers are, but I have had many people come keeping with their needs and it is in keeping into my office and say how they felt that the with all that they need emotionally, physically officers had abused their power or, on the part and spiritually. of other family members, particularly We are here today discussing a Bill which grandparents and non-custodial parents, how addresses the situation in which elements (c) they felt that the department had overstepped and (d) in particular break down; when for its powers and responsibilities. This is one some reason—and there are many of them—a sector of government that I believe is very, family either becomes dysfunctional or very difficult. I have said to the Minister on develops serious problems in its structure. another occasion that I do not envy her job More and more we are hearing about one bit, nor do I envy the departmental situations in which abuse occurs, particularly officers, either, because it is such a difficult line physical and sexual abuse, within a family unit, to walk. and the non-offending parent either cannot or It is reassuring that the purpose of this Bill will not exercise his or her parental has been kept very simple. It is to provide for responsibility to stop that abuse occurring. the protection of children. I am sure that all That is very much the point at which the 462 Child Protection Bill 10 Mar 1999 department has to step in and provide some query what constraints there are on care and protection to the affected children. officers—and there are not many of them in I have a query of the Minister about the the department—who may overstep the mark Basic Concepts on page 18 of the Bill. I and what rights parents have to challenge an acknowledge the advice and the briefing that officer's actions. the Minister and her officers gave me on this I turn now to page 24 and an officer's and a couple of other questions that I had. I obligations on taking a child into custody. We valued the opportunity to talk with the Minister have had discussions about this type of issue and her officers. I thank the Minister also for during debate on another Bill under the the written advice that she provided. I valued previous Government. I refer to terminology that a lot. The Basic Concepts on page 18 such as "as soon as practicable" and that the define "harm". That is a brave step to take. authorised officer "must ... take reasonable "Harm" is defined as— steps to tell at least 1 of the child's parents." I "... any detrimental effect of a significant want to clarify with the Minister how that will be nature on the child's physical, monitored—that reasonable steps are taken psychological or emotional wellbeing." and that "as soon as practicable" is achieved. An aggrieved parent is obviously going to be I just want to clarify in my own mind why two dissatisfied if it takes a couple of hours for a elements were omitted from that definition, parent to be contacted and the actions of the that is, why moral or social elements were not department explained. I do understand the included. I also want to clarify who will be reasons for including non-definitive periods, responsible for the determination of but I just wonder how that will be monitored to "significant". The answer that I am expecting is ensure that parents are not disadvantaged, that the courts will determine what "significant" particularly those who are doing the right thing is. With the greatest of respect, judges in by their children. courts have found that greater than usual force is acceptable between a husband and a On page 25, clause 21 refers to moving a wife, so I have a reduced confidence in the child to a safe place. It deals with a child who ability of a court, on the basis of community is under 12 years of age. The Basic Concepts standards,to objectively assess what of the Bill define a "child" as "an individual "significant" is. If it is a subjective assessment, under 18 years." One of the reasons given to and that assessment can change from judge me—and this was not by the Minister's to judge, then there is a problem with a department—was that the child under 12 was potential inequity in the decisions that are the most vulnerable and that the department made from family to family. I would be did not want to give police a power to use interested then to ascertain who will define against children, especially older ones, who "significant" and what opportunities there were not at risk of abuse. Under this Bill, might be for an appeal against that children over 12 could also be taken into assessment by the carers of the children who custody if they were in danger. are involved. I ask the Minister whether that is the I also wish to comment, in a supportive reason why she chose 12 in that clause rather manner, on the power that has been given to than 18, which is the general definition of a the department to remove a child at child. I also wondered whether, either under immediate risk. This appears on page 23. I this Act or a different Act—for instance the have had cases drawn to my attention in my Mental Health Act—there is a special electorate office in which a non-custodial exemption for children who are older than 12 parent has been concerned about the actions years who, because of a mental disability, do of the department in not stepping in and not have the understanding of a more mature removing a child from what they deemed to be child. In bringing the age down the Minister an abusive situation. In another case, a child has opened up the spectre of older children, was returned to a situation of abuse, and that who may be of diminished responsibility, being child subsequently died. It is always easy for left in a vulnerable situation. me; I am not involved, and I am usually Page 35 of the Bill talks about hearings in making assessments in hindsight. However, I the absence of parents. I had a situation in my believe that the ability of the department to electorate where a parent was greatly take a child out of what is assessed as an aggrieved. This was an instance where the immediate risk, and for a short time to be parent turned up at court but a representative taken for a responsible assessment of the of the Department of Families, Youth and whole situation in order to reduce that child's Community Care was not present. The court risk, imposes a great responsibility. However, I would not proceed until it contacted the 10 Mar 1999 Child Protection Bill 463 department to find out what was going on. As are in the home. How is the authorised officer it turned out, the Department of Families, accountable for the photographs and the films Youth and Community Care in Gladstone had that are taken? What constraints are on the not been notified of a hearing date because officer to ensure that the photographs and the application had been lodged in Brisbane. films are not misused, even to the point of The information had not been passed on paedophilia? Unfortunately, this could occur. through the system. How will reasonable notice One of the most controversial elements of being given to parents be monitored? How will this legislation is that of confidentiality with it be monitored that the giving of reasonable regard to publication. It has been a split issue. notice was not practicable? We have people who are advocates for the I am very mindful of the fact that survivors of child abuse who feel that the circumstances surrounding court actions parents of the child—if they feel it is in the relating to children are emotive. Sometimes child's best interests to go public—should have there is a situation of conflict where the that power and that freedom. The parents are separated. There could be Child/Adolescent Family Welfare Association circumstances where there is abuse by either supports the changes in the legislation one or both parents. I wondered how parents regarding the non-identification of children in would be able to be confident that all attempts the media. will be made to give them notice. I believe that everyone in this House Page 75 of the Bill talks about care understands the reasons for protecting the services and page 76 talks about the approval identity of the children who, through no fault of of care providers. I want to ask the Minister their own, are abused—particularly those who this: care providers, whether individuals or are sexually abused. Those children have an groups—and I believe the situation applies to adult life that they have to achieve and any both—are given approval and that approval will protection that is given to them, so that they last for two years before it is renewed. I wonder do not grow up with a stigma, is desirable. what mechanisms may be able to be put in place to monitor the situation where, shortly I heard the media's response to this after approval is granted, a licensee commits proposal—"Trust us. We will do the right thing." an offence or performs an action which makes I believe history shows that that is not the them ineligible to be a care provider. I have case. The media does not let someone's spoken to the Minister about this subject on an privacy stand in the way of a good story. I informal basis. I understand that there is good have discussed this matter with the Minister and she pointed out to me that it does not communication between the police and the preclude non-identifying photographs or non- department. I wondered if there was any intrusive-type photographs where the story can method of having more formal access by the still be told. I refer to cases such as the "boy in department on a confidential basis to criminal the box". Financial trust could still be proceedings to ensure non-appropriate care established because the story—not the providers do not continue to have a licence identifying details—could be released. I because they have somehow slipped through wondered whether the Minister has received a the system. I refer particularly to carers who response from the media in relation to that. are guilty of offences that specifically and directly endanger the welfare of the child or There is a difficult balance between protecting children in their care. the identity of the victim and ensuring that the public understands the real situation. On page 97 of the Bill it is stated that authorised officers, on entry, are given the What is now available to the media, to the power to photograph. Clause 175 reads as community and to the families of victims to follows— enable them to feel—and it is a subjective issue—that this ban on publication does not "The authorised officer may inadvertently give additional protection to the photograph or film the place, or anyone or perpetrator? Most people I speak to do not anything in or on the place." believe that perpetrators deserve any There are no constraints. There are no protection at all. In the past, the perpetrator conditions to that power. How will the Minister was protected if it was his or her own child. If ensure the privacy of people who are living in the victim was not identified, but the these homes? I understand that the primary perpetrator was identified with just the rider aim of the Bill is the protection of the child and that he or she had committed an offence therefore, perhaps, all the other rules go out against a child—not necessarily identifying the the window. I wonder how the Minister will child as being within his or her own protect the privacy of non-involved people who family—does the Minister believe that that 464 Child Protection Bill 10 Mar 1999 would maintain the privacy of the victim whilst The charter sets the standards that are in at the same time giving vent to the the best interests of the child. Every child community's frustration that perpetrators are under child protection orders has a right to being protected unnecessarily? I would be expect that the State cares about them and interested to hear the Minister's comment on their right to be able to access a loving that issue. environment, receive quality care and be free I understand that there is a fine line of abuse—no less or no more than every between protecting the victim and not member in this House believes that they have protecting the perpetrator. The Minister such a right. The provisions in the Bill require suggested to me that a non-identifying picture the department to provide information to of the victim is still admissible in the children in care about the charter and their newspaper. That is not a breach of the rights under the charter. The information must provisions of this Bill. I wondered whether that be provided in a way in which the child can same guideline could be used in saying that understand, which will depend on their age the perpetrator could be identified so long as and level of maturity. there was no reference made directly to the This Bill is a significant departure from the identity of the victim. That would answer the Children's Services Act 1965, which it replaces. community frustration. The department's current practice standards are not reflected in the 1965 legislation. As the Minister and many others have However, despite the antiquity of said, our children are our most precious thing. I Queensland's current legislation, our system have three children and anyone who hurt any for the protection of children and the of those children would be subject to my management of child protection cases in many greatest disgust and more. Anything that we areas is recognised as the most advanced in can do in this Chamber to give protection to Australia. The Bill reflects these current children who are inadvertently the victims of standards of practice in Queensland. Best mongrels is a step forward. I know any such practice emphasises working with parents to action will receive the support and acclaim of involve them in decision making about the the community in general. safety and care of their children and assisting Mr PEARCE (Fitzroy—ALP) (4.58 p.m.): and supporting them in their role. The current The Bill before the House replaces what the practice of family meetings will be incorporated community considers to be outdated, into the legislation. The family meeting delivers inadequate child abuse legislation. To the several positive outcomes: the family has credit of the Minister, she has been prepared respect and confidence in the process to make the decisions that count most. From because they are involved and they have input my dealings and experience with the Minister into the safety of the child and identify and her relationship with the community, I personally the family's specific support needs. think that it is very common knowledge that This involvement brings with it a partnership of this Minister is in tune with the community and ownership in the planning and management of community needs. a child's future. If we want anything to work or anything to be successful, the best way to As we go into the new millennium, there is achieve that is for all the people who are a need to bring on changes to legislation that involved in the process to have ownership and are strong and effective. There are many to have involvement. aspects of this legislation that should be discussed in this debate. However, I want to Of course, it is also important that the touch on only one of those aspects of the Bill, views of the child are known and taken into and that is the charter of rights. The Bill before consideration not only until they are placed in the House is the only child protection a safe environment but also in the interim. legislation in Australia to have incorporated a Families can fall apart for many and varied charter of rights for children in care. That reasons. Unfortunately, it is the children who charter reflects the commitment and special suffer many of the consequences of family obligation the State has to those children who breakdown or parental failure. It should not be are unable to live with their families because of the aim of the department to look for someone concerns about their wellbeing. Unlike some to blame when a child is not being provided members in this place, I want to say that there with fair and reasonable care. The is nothing sinister about the rights of these department's role is to focus on the child's children. There is no conspiracy to stop foster- needs, not what the parent did or did not do. parents or carers from doing what they The grounds for making child protection consider to be fair and reasonable in the orders recognise parental inability without raising of a child in their care. focusing on blame and do not attempt to 10 Mar 1999 Child Protection Bill 465 define all of the specific circumstances when a The confidentiality provisions of the child may need protection. The clarity with legislation are among the most stringent of which this concept is expressed in this Bill is a any jurisdiction in Australia. The Bill prohibits first in Australian child protection legislation. the publication of identifying information about The concept of a child being in need of a child living in Queensland who has been protection from harm as the key reason for harmed or is at risk of harm by a parent, step- protective action enables the inclusion of all parent or member of the child's family unless circumstances where State intervention is the chief executive officer gives written required to protect a child. Other States have approval. The maximum penalty for a breach definitions that attempt to define a range of of this provision by a corporation is $75,000, circumstances when court applications may and so it should be. That is in line with similar occur. This approach can mean that some provisions in other jurisdictions. For example, in circumstances can be overlooked, there is a the Northern Territory the penalty is $20,000 tendency to be focused on parental actions, for the publishing of information about a child and measures are prone to become outdated. with respect to any impending investigation The Queensland concept of a child needing relating to that child. No-one would disagree protection from harm irrespective of the causes that the public has a right to know about the of harm is being looked at favourably by other incidence of child abuse and about particular States. That highlights the work that has been instances of abuse to children. However, the put into formulating this legislation and the first priority must be the right of privacy for impact that it will have on the protection of individual children concerning sensitive matters children in this State. involving personal aspects of their lives. These two rights can be reconciled by the publication Another example of the Child Protection of information about occurrences of child Bill being at the cutting edge of child protection abuse in a way that does not lead to the legislation is the statement of standards as the identification of a child. linchpin statement for the regulation of alternative care. The statement of standards The legislation before the House is good sets out expectations for the provision of legislation. A lot of work has been put into it; alternative care services and reflects both there has been a lot of dedication shown by community expectations and statutory the staff and determination by the Minister. responsibilities. Today, everything we do must Although I do not really want to get away from be accountable to the community and the the importance of this Bill, I have an issue that people affected by our actions. We must I wish to raise as it is a concern to my ensure accountability to both the community constituents and to me as a member. I know and the persons subject to intervention under that parents and guardians who have the legislation. experienced the trauma and stress of this particular issue would insist that I take this Key administrative decisions in the opportunity to raise it in this place. The issue management of a child's case are appealable relates to what happens when there is to the Children's Services Tribunal. notification of child abuse, in particular, where Accountability is further extended by requiring parents or guardians are reported to the regular reviews of the arrangements for a department for child abuse for reasons other child's care, involvement of the families and than for the genuine concern of a child or children in case planning and the provision of children. It may be with the intent of causing written information to both children and damage to the parents, because of a fallout parents whenever key decisions are made or among friends, a family disagreement, or actions occur. For example, when officers are simply mischief-making. investigating an allegation that a child has As a parent and a representative of the been harmed, they must tell the child's parents people, I understand the need to provide what the allegations are and tell them the protection for a person or persons who notify outcome of their investigations. This the department of possible child abuse. If we information can be provided in writing if do not provide that protection, people with a requested. Whenever a child protection order genuine concern about a child's health and is made, the terms and effects of that order safety will not come forward for fear of must be explained to both the child and the retribution or prosecution. No-one in this place, parents. When a child is unable to live at including myself, would be prepared to take home because of concerns for its safety and is that risk. However, there is a real concern placed in alternative care, the child's parents where a notification is proven, after must be told where the child is living and with investigation, to be malicious. In the region whom. that I represent, central Queensland, up to 466 Child Protection Bill 10 Mar 1999

36% of child abuse reports are actually found I have spoken to the Minister and two to be malicious or untrue. The damage done departmental officers about this issue. I know to the child or children and the parents or that it is a very difficult issue to deal with. There guardians is immeasurable. One would have is no easy solution, because our first priority is to experience it to understand it. I would not to protect an abused child. As the like to go through it. A couple of families in my departmental information sheet states— electorate have gone through it and I have "Remember that by notifying any witnessed the heartbreak and pain that they suspected child abuse you are taking the have suffered. first step in helping the abused child and The seriousness of this issue can be seen the person who is not coping." from the department's information sheet, That is reasonable. We all accept that and we which states— expect it. While I commend those words, we "If you do notify, you are not required have an obligation to ensure that it is not the to prove the case. You need only notify of first step in destroying a family unit. the suspicion and the reasons for it. If The legislation before the House is done in good faith no civil liability is important. It brings outdated legislation into a incurred." new era and incorporates changes that the I believe that this freedom means that there is community has been calling for. I commend no fear of being sued or being required to the Minister for the dedication that she has substantiate the claims made. shown in bringing this legislation to the As I said, I have made representations on Parliament. On behalf of the people whom I behalf of two families from my electorate that represent, I am more than happy to support have been jointly accused of child abuse. the legislation. Documentation obtained under the Freedom Mr SANTORO (Clayfield—LP) (5.15 p.m.): of Information Act shows that serious and The primary objective of this Bill is one that detailed allegations were made. I have read every right-minded citizen would totally agree those allegations and some of the things that with, that is, to provide a modern legislative were said are quite damaging and vehicle for the protection of children. heartbreaking to the families. After Unfortunately, it is all too common to read and investigation, all the claims were entered in the see reports of children who are the victims of documentation as "unsubstantiated", which horrific neglect and abuse. To see the photos was a relief for everybody, including me. in the newspapers or on the television of However, the parents have been left in an young lives snuffed out by cruel acts of emotional mess. violence or young children who are subjected A child of one of the families was pulled to often cruel and repeated physical or sexual out of their classroom and interviewed by abuse reinforces the need for proper State departmental officers in the presence of police. intervention. The school principal and staff knew about the The role of the State goes beyond simply allegations before the parents did. The two intervening to prevent abuse and neglect. It is families live in a small community, and it is very also to provide, either through the State or important that members take note of that through private carers, a safe and loving point. Their reputation as parents has now alternative to the family life that children need. been questioned by the community, even The State has an obligation, either directly or though the community does not know the indirectly, to provide to deprived and abused facts. The families are being talked about, young citizens a range of services to assist fingers are being pointed at them and people and promote their physical and emotional generally are commenting on the allegations recovery, and ensure that their educational of child abuse. The situation has affected needs are met. them emotionally and it has affected their The State has an inherent duty of care, children emotionally. It has put unnecessary and when individual adults fail in their duty of strains on their relationships. Those people care as parents or carers, the State has a right feel let down, abandoned and accused. and a heavy duty to intervene to protect the Although they have been found not guilty, innocent when they are too young to look after they feel that they have been sentenced to a themselves. Sometimes it is necessary to life of shame. While all this has been intervene when the families of children are not happening, the notifier hides behind the intentionally maltreating them. The honourable protection offered by this system, and nothing member for Fitzroy has more than adequately is done. That person goes free, with only their covered some of the dilemmas that are sick mind to act as their conscience. involved with that intervention. Through 10 Mar 1999 Child Protection Bill 467 poverty, ignorance or disability, some families It is axiomatic that we should discuss and cannot cope and it is essential that the State is debate the rights of children, because they there to provide the necessary safety net for have important and fundamental rights. children. However, the family unit is primarily responsible While I will come to the details of the Bill for the care of children, and it is through the duties and responsibilities held by families that in a moment, I must say that the interests of those rights find expression. I certainly hope children are of the first order and the State that we never reach the stage that exists in must do everything to assist. That does not some parts of Europe and America when mean taking children outside the family unit immature children are allowed to act as adults. because, as we all know, by separating To allow immature children to act and behave children from their families more harm can be as adults when they are still children is a done. Separation must be an action of the misplaced and socially repellent policy. In this very last resort, and must be done only when it context, I am pleased that the House has an is clear that the child is being harmed and will opportunity to debate legislation that will continue to be harmed, or that even with replace the Children's Services Act. targeted assistance the child will continue to suffer from severe neglect. The primary As the Minister said, that legislation is the responsibility for raising, educating and caring product of a different age and is no longer an for children rests with the family. The family is appropriate legislative vehicle to deal with the the core unit of our society. Without the family myriad complex problems and issues that our unit our society would quite literally fall apart. It society is experiencing. It is also clear that we is the growing realisation of the central role of need legislation that is more dynamic, the family that has increasingly changed child proactive and supportive of the role of the protection policies from reactive investigations family and also more alert to the prevalence of of real and alleged child abuse to more the many forms of child abuse and exploitation. proactive policies designed to prevent such abuse and help families nurture and protect The Bill also goes a long way towards children in need. There is no doubt that a fairly balancing the need for the State to be family support policy achieves a much better vigilant about child abuse and the need to level of family cooperation and a better protect innocent people, both children and outcome for the children as it leads to adults, from the overuse or abuse of intrusive sustainable results. police powers. Unfortunately, when introducing the Bill, the Minister could not help herself and One fact that cannot be denied is that, no had to take a few cheap shots at the previous matter how well-intentioned the State is, Government. I remind the Minister that when whenever a child is taken from his or her family Labor was in power for six years, between often the result is that the child is further 1989 and 1996, it did not act to fundamentally stigmatised and traumatised. Obviously in reform this legislation even though it had some cases there are no realistic or safe plenty of chances to do so. Labor did not alternatives other than active intervention and establish a Children's Commission, and I separation of a child from an abusive family remind her, too, that her Labor predecessor in environment, but such action should be a this portfolio recommended to her Labor matter of last resort. Cabinet colleagues in 1990 that all evidence of In recent times there has also been a child abuse at the John Oxley Youth Detention growing debate about children's rights and Centre be shredded. how those rights should not be subordinated It was the member for Beaudesert who to those of the child's parents and family oversaw the reform of the Children's Services generally. I do not wish to go into this debate Act, and it was Naomi Wilson who ensured except to say that it is entirely illusory to ongoing public consultation. The Minister's Bill pretend that a child can or should be treated is not a totally new reform that she dreamt up as an adult. A child is not mature enough to but is, as other members have acknowledged, be treated as an autonomous human being a continuation of the good work carried out by who has fully developed concepts about right her predecessors over the past few years. and wrong, or about concepts that only I am more than happy to congratulate the develop through maturity. Children certainly Minister on a job well done when she deserves have inalienable rights as human beings and it it, because in the area of the protection of is incumbent upon parents to ensure that children we should be acting as responsible those rights are respected. It is only when Queenslanders. Child abuse is not a partisan families fail that the State moves in. issue; members on all sides of politics should 468 Child Protection Bill 10 Mar 1999 join together to help the innocent and prevent The Bill has to perform a delicate further acts of abuse or neglect by balancing act between protecting children in irresponsible adults. I would suggest to the need of assistance on the one hand and on Minister that she should always show a little the other hand protecting the innocent against more courtesy and acknowledge the the improper use of sometimes quite achievements of others who have previously draconian police powers that this Bill gives to held her portfolio. Her failure to do so in her certain people in authority. I support the second-reading speech reflected more on her requirement that officers exercising various than on anybody else. intrusive police powers must record in a registry held either by the Department of Families or This Bill has a number of very positive the Queensland Police Service full details elements and should advance the cause of about the exercise of those powers and other child protection significantly. actions taken by the officer. This should act as Ms Bligh interjected. a brake on the improper or too frequent use of these powers and provide a database of Mr SANTORO: I say that in the interests critical information from which useful of bipartisanship. conclusions can be drawn in the future about As the Minister said in her speech, the how these provisions are operating. protection of children, as one of society's most One of the key elements in successfully vulnerable groups, can never be tackling child abuse is obtaining information compromised. The rights of children have from ordinary citizens who are aware of such been the subject of legislative intervention in abuse or neglect or who reasonably and almost every State of Australia in the last honestly believe that a child is at risk. Insofar decade and also at the United Nations. The as the Bill extinguishes the legal liability of United Nations Convention on the Rights of citizens who, acting honestly, report incidents the Child, which Australia ratified in 1990, is a of possible child abuse, I believe that this very significant and overall very positive object is advanced. However, even if that international exposition on the inherent rights information turns out to be incorrect or, as the of children. However, I do agree very honourable member for Fitzroy said, non- strongly with the Commonwealth Joint malicious, it is better that a decent, honest but Standing Committee on Treaties, which in its mistaken citizen not be prosecuted or be left report to the Federal Parliament last year open to civil action for what is an act we all recommended— would expect a good citizen should do. However, at the moment the Bill provides no "The Convention should be sanction for a citizen who does not act implemented in such a way that the honestly in making such allegations. The parents and the family unit are Scrutiny of Legislation Committee made the supported." following comments on this omission— I am pleased that the Bill clearly states and "There does not appear to be any recognises in clause 5 that the primary offence of making false accusations in the responsibility for the care and protection of Bill. Furthermore, the most appropriate children rests with the family. In this context I remedy for dishonest allegations, civil note that in some other jurisdictions the role of damages, while unaffected by clause 22 the family is given even more prominence. For is made practically impossible by the very example, the Northern Territory legislation strict requirements of confidentiality states that the system should "maintain and imposed by Part 5 on all those who obtain develop family relationships which are in the information about the accusations." best interests of the child". I think also that it is The committee recommended that the worth while quoting from the ACT legislation, Minister consider amending the Bill to provide which refers to the "need to strengthen and means by which those who make accusations preserve the relationship between the child, dishonestly may be exposed to civil liability their parents and other family members and, in extreme cases, to criminal liability. In and ... the desirability of leaving the child in her response, the Minister said that false their own home". I think the principles in this reports were rare and that imposing sanctions Bill could have been drafted to be more pro- against dishonest accusers could dissuade family, and perhaps in due course when this honest notifiers. The Minister said that she Bill has been in force for some time the would obtain information from other Government will reconsider the wording of jurisdictions on what their legislation provided. clause 5 to place added emphasis on the She would now know that a number of other positive and paramount role of the family unit. States and Territories have specific provisions 10 Mar 1999 Child Protection Bill 469 dealing with the making of false complaints, including records of interview and formal police including New South Wales, Tasmania and the statements. The Explanatory Notes refer to Australian Capital Territory. situations where a person is charged but not I think the number of times where an convicted. I find it very difficult to understand honest person might be dissuaded from why material should be handed over when the reporting an incident of child abuse because a person in question has not even been dishonest person has been prosecuted is nil or convicted. Such a person is innocent until next to nil. There could be very few more proven guilty, and while I concede that the embarrassing, disruptive and hurtful events sentiments motivating this clause are good I than having police or welfare officers coming to am not convinced that grave injustices might one's home—or, as the honourable member not occur. The Scrutiny of Legislation for Fitzroy outlined in one very dramatic case, Committee points out— to a school—to investigate a child abuse "The accused has a right to silence. allegation. Anyone who wilfully and maliciously If that right is exercised, the evidence in makes a false complaint with this sort of hurt in the hands of the police will not include the mind should be subject to action, and I hope accused's version of the facts. Other the Minister will be moving an appropriate evidence may not have been seen by the amendment during the Committee stage. accused so that it will not have been Still on the subject of notifying authorities tested in court. The motives of those who of suspected child abuse, I state that the Bill make statements and accusations will not provides protection from civil liability to persons have been opened to questioning by the who, acting honestly, notify the chief executive accused or their legal representatives. of a suspicion of harm to a child. This The police may not even be aware of the protection extends to protecting a person who perhaps questionable motives of those by doing so breaches any code of professional who have made the allegations." ethics. This would pick up social workers and While I totally support an all-out effort to the like. At the moment, under the Health Act combat child abuse and generally agree with doctors are required to notify authorities of provisions that curtail the rights of adults in suspected abuse. However, this matter was order to protect children, I think that this is one raised by the Scrutiny of Legislation area in which the line has to be drawn. We are Committee. In this instance, I think most not talking about a person who is convicted of people would concur with the Minister, who an offence or, as the committee points out, said that on balance the rights of children to may even have had a chance to contest protection outweigh the rights of certain other allegations. It could well be that the matter did individuals to confidentiality. As important as not even get to court because it became clear confidentiality is, I think we owe it to those who that there was no evidence to back up what are most at risk and most vulnerable to waive could have been a false accusation. ordinary codes designed to protect adults and So I say to the Minister that, while I give our children the protection they need. As understand that difficult balancing acts must the honourable member for Fitzroy and other be performed, this is one instance where the honourable members indicated, this is a drafters of the Bill, I believe, have gone a little difficult issue, but one in respect of which I too far. The Minister has said that her think the right call has been made in this Bill. department has a duty to consider all relevant Another provision which requires some information, but I suggest to her that reliance comment and careful consideration is clause could be placed on totally irrelevant 92, which allows information to be obtained information. from the Commissioner of Police or the This Bill entrenches the child placement Director-General of the Department of principle and has been designed to ensure Transport which may be relevant to a that it is much more culturally sensitive than recommendation about a person's suitability to was previously the case. It is clear that there is be granted custody or guardianship of a child an overrepresentation of indigenous children in under a child protection order. Amongst other the child protection system, brought about by things, it enables the Commissioner of Police a range of very tragic circumstances, including to provide relevant information from police poverty, alcoholism, isolation and records, including not just convictions but also unemployment. While it is essential that young charges which have not resulted in convictions. children in these circumstances are protected, What causes me particular concern is the it is also important that they are not isolated ability to provide not just criminal history from their communities. The lessons from the information but information from police records stolen children generation are all too clear in 470 Child Protection Bill 10 Mar 1999 each of our minds to ever allow such injustices intervene swiftly to protect young children in to occur again. mortal danger. In achieving these sometimes I therefore support the general thrust of conflicting goals, a lot of balancing has to take the Bill and the requirement that decisions place. Overall, I am happy to acknowledge about indigenous children must take into that this Bill has got that balancing act right. account the child's need to maintain their There are some instances in this Bill cultural identity. But I do say to the Minister where I think the Minister and her advisers that it would be reverse racism if loving non- have gone too far in one direction or the other, indigenous parents were to be deprived of the and I have concerns with a number of the opportunity to give love, attention and a good provisions, as I have outlined. Perhaps the upbringing to indigenous children in need. It Minister may wish to reflect on some of the would be a double tragedy if we entrenched concerns that I have put to her and to the the latest social engineering theory in House. However, anyone reading this Bill legislation and did not have either the would have to recognise that it is a big legislative discretion or bureaucratic improvement on the Children's Services Act. commonsense to realise that love and People would also appreciate that this is a attention crosses the race barrier. most complex area and we will never get I would appreciate it if, in her reply, the unanimity of views on the whole gamut of Minister could touch on the ability of non- issues that arise and which are covered by this indigenous adults to care for indigenous Bill. children in need in certain circumstances. In Despite some perhaps provocative raising this, as I said, I am generally supportive comments which I made to the House and to of the child placement principle, but I do not the Minister which, of course, were born of and want to see a situation arise in which abused encouraged by some of the remarks that she children of whatever colour are not given every and other members in this place have made, I opportunity to receive love and attention—no am very pleased to support the thrust of the matter the race, religion or colour of the adults Bill and many of its specific provisions. I look who are offering it. forward to hearing some of the debate at the There are many other aspects of this Bill Committee stage and particularly the Minister's that could be discussed, but I wish to conclude reply to the arguments that have been put to by giving it my overall support. As a father of her. two young boys, I approach this Bill with the Mr WILSON (Ferny Grove—ALP) clear understanding that every effort must be (5.35 p.m.): It is with great pleasure that I made to strengthen families and support those stand and speak in support of this Bill. I who go through hard times, because nothing commend the Minister for the hard work that can replace the love and bonding that a she and her officers have brought to bear on functioning family provides. To a large degree this Bill in bringing it into this House. This Bill this Bill reflects the growing realisation of social addresses the rights of children to be brought workers and others that a more proactive and up in a safe environment and protected from pro-family approach is essential. Often when harm and the responsibility of Government to families are in crisis brought about by cash intervene when necessary to ensure that problems, the mental or physical breakdown of children are adequately protected. The focus a parent or some other issue, matters get out of the work of the Department of Families, of hand and the authorities are called in. If at Youth and Community Care in protecting all possible, the State should intervene to help children is not on intervention, but on the family, mend the damage and keep it prevention by helping and supporting families functioning for the overall benefit of all experiencing difficulties in their parenting role concerned. and on helping them to gain access to the As we get older we appreciate more the appropriate services. problems that beset our fellow citizens and we The objectives of the Bill are, in summary: understand how some families begin to break to provide for the protection of children who down, sometimes with tragic consequences. are at risk of harm, to provide children with On the other hand, all of us are unfortunately safe alternative care if they are unable to live becoming more and more aware of the horrific at home safely, to recognise the family of the instances of physical and sexual abuse of child as being primarily responsible for the children by adults in general, and certain upbringing, development and protection of carers in particular. We need to have their children and to strengthen and support legislation in place which gives the police and families in carrying out that responsibility—in relevant officers the power and ability to other words, acknowledging what the 10 Mar 1999 Child Protection Bill 471 community expects us to acknowledge, that is, A court assessment order is another new that the primary responsibility for children lies type of order available in the Bill. It can be with the family and, secondly, to place the issued for the purpose of completing an initial State in a position where it may intervene in assessment of the child's protective needs. appropriately defined circumstances to provide This is a longer assessment order—for up to protection for children that is otherwise not four weeks. Because these orders are for a available. longer period they must be made by the The chief executive's functions are Childrens Court. This allows parents to make described in the Bill as follows—and, again, submissions to the court about the application. these are in summary—to support the When it is decided that a child is in need of promotion of partnerships between protection and the use of voluntary options to Government, non-Government agencies and work with the family is not possible or communities in developing coordinated appropriate, a child protection order may be services to deal with child abuse and neglect, required. Child protection orders can be to promote education for parents and other ordered by the Childrens Court for one or two members of the community, to address the years, or a longer-term order can be made— developmental and safety requirements of up to 18 years. children, to promote research into the causes As I said before, the Child Protection Bill and effect of harm to children and to provide recognises the principle that parents are services for the protection of children and responsible for the upbringing and protection responses to allegations of harm to children. of their children. It also recognises the State's Where statutory intervention is required to responsibility to protect children from harm protect a child, the emphasis is on the least where parents cannot or will not do so. The Bill intrusive approach. By making a child provides a framework for intervention which protection order, the Childrens Court is emphasises the least intrusive response. required to be satisfied that the child's Natural justice and appropriate judicial and protection is unlikely to be ensured by a less administrative accountability are thereby intrusive order. The new legislation recognises acknowledging the role of parents while that the best interests of the child are served promoting children's need for security and by the preservation of their family and by stability of care. providing a range of options to the department Having made those more general to assist families to protect their children. The remarks, I now focus more particularly on the Bill's emphasis on family participation in area of the regulation of alternative care. The decision making and the availability of review Bill provides for licensing of care services and and external appeal to the Children's Services the approving of care providers to care for Appeals Tribunal increases—and increases children who are in the custody or significantly—the accountability and recognises guardianship of the Director-General of the the rights of persons subject to statutory Department of Families, Youth and intervention. Community Care. Specific provisions in the Bill authorise When children are removed from their officers of the department and police officers own family because of protective concerns, to investigate allegations of child abuse and they have the right to alternative care of a neglect without the necessity to commence an standard that meets community expectations, application for a care and protection order, as the statutory responsibilities of the State and occurs at present. Where it is not possible to their individual needs. The term "alternative obtain the parent's consent to act to protect care" refers to the out-of-home care of children the child and the child is continuing to be who are subject to protective intervention by exposed to risk of significant harm as defined the department. The children may be in the by the legislation, a temporary assessment custody or guardianship of the director-general order can be applied for. The temporary due to their protective needs. Alternative care assessment order is for a period of three days also includes the care of children temporarily and allows for an initial assessment of a child's removed from their families, children in short- protective needs without locking the family into term foster care and those who are unable to an unnecessary court process associated with return to their family and require long-term delay and with cost. These orders can be alternative care. obtained by phone or fax from a magistrate and apply the principle that any action to Other children subject to departmental protect the child should not include any action action for protective reasons may be placed in which is unwarranted in all of the alternative care with the consent of their circumstances. parents to keep them safe while work is done 472 Child Protection Bill 10 Mar 1999 to assist the family to care for the child—again licence will be valid for three years. The affirming one of the key principles of the Act, approval and licensing of an alternative care that the primary responsibility for the protection service will depend upon a number of matters: and wellbeing of the child lies with the family the suitability of the organisation applying for a and that the department's role is to support licence; the suitability of the people who will be that role being undertaken by the family responsible for the management of the service wherever possible. or agency; the standards of care provided to Children who are in the custody or the children; and the selection and training of guardianship of the department and need to staff working in the care service. live apart from their family are often placed in The approval of persons who wish to the care of their extended family. However, for become care providers will be dependent upon many children this is not possible and these their suitability to care for children in their own children are cared for by approved care home, the suitability of other members of their providers, known in the past as foster-parents. household to be involved in the care of They provide care for children in their own children, conformity with the statement of homes. The approved care providers act under standards of care as outlined in the legislation, the supervision of a licensed care service or of and the ability of the care provider to work with a departmental area office. the child's family and the department towards identified goals—for example, helping children The Bill includes a statement of standards to maintain relationships with their families. All for alternative care which clearly articulates the care providers are issued with certificates of Government's expectations for the provision of approval which will be valid for 12 months to alternative care services. This statement of begin with, and then for two years. standards requires the chief executive to meet, as far as possible, the needs of children I will now address the charter of rights for placed in out-of-home care by the department. a child in care. This is a matter about which a By making a legislative statement about the number of other speakers from the other side standards to be met by organisations and have spoken with grave concern, particularly individuals who provide care, the Bill also the member for Caboolture. They have been ensures a higher level of accountability than if concerned about this being set out in terms of these standards were set administratively. the rights of the child. I draw to the attention of the member for Caboolture the fundamental The statement of standards for alternative philosophical basis for this Bill, which is to care contained in the Bill refers in part to identify in a piece of legislation the statutory respecting the child's dignity and rights; obligations the State willingly assumes for meeting the child's physical and emotional substituting itself as the parent of children who needs, including providing necessary medical are exposed to harm and need protection. We and therapeutic care; providing the child with are not talking about the rights of children in educational, training and employment the sense that some people might understand opportunities, according to their age and level it—for example, the right to vote or the right to of development; acknowledging a child's be enrolled on the electoral roll. The charter cultural and ethnic background and meeting a easily could have been alternatively described child's needs in relation to their background; as a charter of standards of care for the child. providing special care and support for children The preamble to the charter clearly with disabilities; providing opportunities to acknowledges that it is this Parliament that is participate in social and recreational activities recognising that the State has various appropriate to the child's age and level of responsibilities for children in need of development; and using behaviour protection, who are in the custody or under the management methods to assist and guide the guardianship of the chief executive of this Act. child. Corporal punishment or any other It then goes on to describe a whole range of punishment that frightens or threatens the these so-called rights. child is prohibited. In particular, the statement of standards recognises the importance of Each of them could just as readily have developing and maintaining family been described as the various responsibilities that the State assumes, standing in loco relationships when children are placed outside parentis in relation to the child. We as the of home. Parliament of Queensland are saying that we, The Bill provides for licensing of care through our agency the department, have the services, such as the existing shared family responsibility to provide the child with a safe care services funded by the department and living environment, to ensure that a child is licensed to provide alternative care to children placed in care that best meets their needs and who need to live apart from their families. The is most culturally appropriate and to maintain 10 Mar 1999 Child Protection Bill 473 the relationship between a child and the child's children, just as it was by them—the One family. Nation Party—in their contribution to the I could go on to deal with each of the so- intercountry adoption legislation. We ought to called rights, which might more accurately be be above that. We ought to be able to put to described as responsibilities—responsibilities one side our party politics, our particular which, I suggest, no-one in this House would preoccupations with international conspiracies deny that we, as the Parliament of and international treaties and the United Queensland, should willingly and readily Nations running what goes on in George assume for children in this State. So it is a Street, and actually address the facts. After all, distraction to be concerned about the rights of that is a fairly handy starting point. We should the child in some narrow way as if they were then be able to address those facts on the individually actionable or legally enforceable by basis of the merits of the matters. the child, or on behalf of the child, against the In conclusion, I commend this Bill to the parent. We are not talking about the rights of House. I congratulate the Minister and all of the child vis-a-vis the parent in some sort of those who have been associated with the litigation or some sort of court process. We are finalisation of this legislation and commend it talking about the fundamental—dare I say heartily to the House for its speedy and basic—rights of a social, political and cultural wholehearted passage. nature that this Parliament acknowledges Dr CLARK (Barron River—ALP) should be afforded to children generally and, (5.54 p.m.): In common with my parliamentary in particular, children who are in need of colleagues here tonight, I congratulate the protection from harm and which, by corollary, Minister on bringing this legislation into the we the Parliament of Queensland accept House. As everybody who has spoken tonight responsibility to provide. has agreed, it is well overdue that we replace I also address the issue of international the 1965 Children's Services Act. conventions, which I understand are a favourite preoccupation of the One Nation The fundamental challenge facing the Party. It would be really helpful in the debate Minister was to achieve the balance between about this legislation, just as it would have the rights of the child and the rights of the been remarkably helpful in the debate about parents. The debate tonight has obviously the intercountry adoption legislation, if the One reinforced the fact that opinions vary greatly Nation Party could bring itself to examine the about where this balance should be, or where merits of the legislation undistracted by it is, in this legislation. To my mind, the Minister has, quite rightly, clearly chosen in this anything to do with international treaties or legislation to make the welfare and best international obligations. Because after all, this interests of the child paramount. But there is piece of legislation does not seek to another party involved in protecting children implement any international treaty. I who have experienced abuse and neglect, understand that the explanatory memorandum namely, foster-parents. And in my contribution says that this legislation is consistent with the to the debate tonight, I would like to focus on relevant international convention or treaty. But the essential role that they play and a would it not be helpful for members of the One recognition of their special needs and the Nation Party, having identified the weaknesses in the very merits of this legislation itself, to needs of their own family as they extend their then come into this House—as concerned love to the children in their care who become equally, as I am sure they are, about the rights part of their family. of children and the protection of those in great It is unfortunately true that foster-parents need—to put forward alternative views and, feel on occasions that they have not had the indeed, amendments? level of support they need to carry out this Would it be too brazen to ask that an important role. The legislation that we are amendment could be put forward by the One debating tonight provides an opportunity, I Nation Party? I am talking about an believe, to redress that situation. I commend amendment that might actually improve this the Minister for her serious consideration of the legislation; to pursue the objective that submission from the Foster Parents members of the One Nation Party say is so Association of Queensland and her worth while—and, of course, it is—that is, the preparedness to address their concerns in protection of children. But no, no amendment amendments to the Bill which the Minister will is forthcoming. I believe that it is outline in detail later. inappropriate—highly inappropriate—that In particular, I understand that there is a politics for some is put ahead of the rights of proposal to include a specific provision for the children and the welfare and the wellbeing of chief executive, in his functions, to promote a 474 Beattie Labor Government 10 Mar 1999 genuine partnership between foster-parents BEATTIE LABOR GOVERNMENT and the Department of Families, Youth and Hon. R. E. BORBIDGE (Surfers Community Care—a partnership that will Paradise—NPA) (Leader of the Opposition) recognise the sacrifices that foster-parents (6 p.m.): I move— make, and a recognition that they do have an intimate knowledge of children in their care "That this House condemns the that is enormously valuable—and that we will Beattie Labor Government as a can't do be able to have a clearer understanding of the Government which is placing jobs growth rights and responsibilities of both foster- at risk and diminishing potential for future parents and the State Government. Of course, employment expansion by— this can only benefit children in their care. 1. Pursuing regressive anti-employment I know that foster-parents were very and anti-employer policies that will concerned about the prospects of natural harm small business, including parents being told immediately of the forcing unfair dismissal laws on firms whereabouts of children in their care and the with 15 or fewer employees. risk that this could potentially pose to the child 2. Damaging Queensland's and to the foster-parents' own family. I believe, international reputation by failing to though, that the Minister will be able to provide condemn the aggressive, illegal and sufficient reassurances on this point and that disruptive activities of the CFMEU at the information will be divulged only when the Gordonstone and Sun Metals at chief executive is satisfied that there will not be Townsville, or to intervene in these a risk to the safety of the child or the foster disputes. family. 3. Cancelling or failing to pursue major Confidentiality is a very important aspect job creation infrastructure projects of these issues. Some members in the debate which would have generated tens of tonight have quite rightly referred to how thousands of jobs. important it is in situations such as those that 4. Wholesale abandonment of major we learnt about last year, including the so- water infrastructure projects including called boy in the box, that it not be made Flinders Dam, Finch Hatton Dam, St public knowledge that those are the Helens Creek Dam; and dithering experiences that they are going through; that over Nathan Dam and Paradise they should not be named; and that that Dam. should not be a matter of public knowledge. However, there are, of course, occasions when 5. Presiding over a can't do foster-parents will need to be able to divulge administration which has proved itself confidential information that may relate to incapable of delivering major some of the past history of a child. For investment projects for Queensland." example, if I can just refer to that particular Over the last eight months case, if the child is at a party with neighbours, Queenslanders have been able to see the they would not want to play hide-and-seek and performance of this Government and they are put a child like that into a small, confined starting to realise that the Labor Government space. They would want to know that that is of Mr Beattie is a collective of can't dos led by the sort of situation that might traumatise a a Cabinet of character assassins. What we child—without going into details. That is the have in this State is a Government that is a sort of information that needs to be divulged to puppet of the trade union movement—a teachers, family friends and neighbours to movement that most Queenslanders left make them understand better the special behind and consigned to old 1950s Labor. needs of that child. What Queenslanders are beginning to see is Mr Lucas: They could quite easily use a that we have a "them" and "us" Government fictitious name, as well. whose leader describes major international investors as being cigar smoking, port swilling Dr CLARK: Certainly. Fictitious names are industrialists; who accuses falsely Opposition a very important way of dealing with these members of Parliament of theft; whose Health issues. Once again, I believe that those Minister accuses hospital patients of being concerns can be addressed. There is no doubt drunk; and whose Fair Trading Minister that the concerns of foster-parents are accuses developers of being crooks. We have legitimate, but they can be addressed, and a Government that fosters divisions within they are going to be addressed in this society that modern Queensland left behind legislation. well over a generation ago—a Government of Debate, on motion of Dr Clark, adjourned. yesterday, not of tomorrow. 10 Mar 1999 Beattie Labor Government 475

It is a can't do Government in respect of Callide C. We have seen the new power the particular concerns of the Opposition station in Townsville that is going to be half the raised in the industrial relations legislation, size of what was committed under the previous namely, the industrial relations changes coalition Government. We have seen the loss foreshadowed by the Beattie Labor of the World Garden Exhibition. We have seen Government and the total surrender of the the loss of Expo 2002. We have seen the Parliament to the unions that bankrolled debacle over Briztram. We have seen the loss Labor's election campaign last year. We are of commitment by this Government in respect about to see the payback: the industrial of major water infrastructure projects. We have relations changes that Mr Beattie promised Mr seen a Capital Works Program introduced by Wellington he would not introduce into this this Government that is $25m less than the Parliament. Capital Works Program that the previous We are about to see under this Labor coalition Government brought to this place in Government the reintroduction of compulsory our last Budget. We have seen the work of the trade unionism despite the fact that most Water Infrastructure Task Force being ignored. Queenslanders do not want compulsory trade We have seen the hijacking of the Department unionism. We are about to see under this of Natural Resources in this State by the Labor Government the reintroduction of union Green police, by the creation of the preference when most Queenslanders have Environmental Protection Agency, which is the rejected trade union preference. We are about pay-off to the Greens for preferences that they to see under this Labor Government the gave to the Labor Party at the last election. reintroduction of State-based unfair dismissal We have the loss of major projects. I ask laws when we see major surveys from bodies the question: what major projects have come such as the Queensland Confederation of to fruition under this Government that were not Industry and the Queensland Chamber of in the pipeline under the previous coalition Commerce have increasingly shown that major Government? None! Nothing that this employers in this State and small businesses Government has been able to manage and in this State regard unfair dismissal laws as a steer through and progress is a project that major impediment to taking on staff. was not committed to by the previous We have seen this Government doing the National/Liberal coalition in this State. bidding of the CFMEU. We have seen the The same Labor leader who accused us debacle at Gordonstone. We have seen the of not delivering on Chevron has not delivered defence of the striking picketers—the on Chevron. The same Labor leader who professional strikers—at Gordonstone. We accused us of not delivering on Comalco has have heard the incredible comment in the not delivered on Comalco despite the fact that Parliament today by the Minister for Industrial the previous coalition Government signed off Relations that the Sun Metals dispute was a on the State assistance package to Comalco Federal issue—a State Industrial Relations in February or March last year—over 12 Minister who does not even know that that months ago. dispute is before the State Industrial Relations This is not a Government; it is an accident Commission, not the Federal Industrial scene. This is a Government that inherited the Relations Commission. We have seen a strongest economy in Australia. This is a situation where the member for Fitzroy has Government that inherited the strongest jobs been made a deity under this Government, growth in Australia. This is a Government that compared with the likes of Mahatma Gandhi inherited the strongest economic performance and Nelson Mandela. We have seen a licence where the previous coalition Government had given to the unions of this State to break the returned Queensland to a position of pre- law "if you want to because it's okay". eminence. We are seeing this new bout of industrial What are we seeing under this can't do recklessness and unrest in this State because Premier and this can't do Government? We the Premier and his Government say it is okay. are seeing a return to mediocrity so that this They have given a licence to the unions great State of Queensland is dropping back to because we have a Government in this State the middle of the pack. We are seeing it time that is about to repay by way of changes to and time again. The big issues will not be the law the incredible financial support that the tackled by this Government because it is not trade union movement provided to this prepared to tackle them. We have an Government in the State election last year. Industrial Relations Minister—and apparently a We have seen a loss of major projects. Premier—who does not even know that the We have seen the bungled attempt to cancel Sun Metals dispute is before the State 476 Beattie Labor Government 10 Mar 1999

Industrial Relations Commission, not the proposed IR reforms are "parochial, anti- Federal Industrial Relations Commission. business and anti-competitive". She describes We have a Government that Labor's moves back to centralised wage fixing, unashamedly has sided with a handful of law- law changes to encourage union membership breakers at Gordonstone in order to stop and a watering down of unfair dismissal laws lawful, law-abiding Queenslanders going to as "legislation for the last century, not and from their place of work. We have seen a legislation for the 21st century". massive water infrastructure program put in How much confidence can the place by the previous Government grinding to international mining sector have in a halt. We are seeing dams cancelled. We are Queensland right now? Not a lot, when the seeing a total lack of commitment. In terms of people who are supposed to make the laws the Department of State Development, I break the laws. The arrest of Jim Pearce on an suggest that it be renamed DUD, because that unlawful picket line sent a clear message to is what it is—a department that is delivering the international investment community that nothing to this State at a cost considerably the Queensland Government does not want to above that of its predecessor in the coalition do business in the real world. What was Government. Labor's response to the Pearce incident? The simple fact is that Labor, eight Instead of condemning him, it canonised him. months into its term of office, can show Last week, we had the disgraceful episode of nothing for being there. The Government has Labor trying to put Jim Pearce in the same not delivered any major projects. It has not league as Mahatma Gandhi and Nelson delivered improved services for Mandela. What do we have this week? We Queenslanders. Now we are going back to the have the laughable episode of Peter Beattie future in terms of old-fashioned 1950s trying to put himself in the same league as Jeff industrial relations in this State—industrial Kennett and Joh Bjelke-Petersen by saying relations policies that were rejected by the how much he admires their style. Labor has people of Queensland and rejected by a large gone from the Jim, Mahatma and Nelson number of trade unionists. What we are seeing show to the Pete, Jeff and Joh show. What is the total capitulation of the sovereignty of are we going to have next week? The Minister this State to organisations such as the for Emergency Services, who has just CFMEU. disappeared from the Chamber, perhaps Time expired. likening herself to Paul Keating and Peter Reith, so we get the Peter, Paul and Merri Dr WATSON (Moggill—LP) (Leader of the show? Liberal Party) (6.10 p.m.): I rise to second the motion. As the Leader of the Opposition has I am reminded of the US presidential said so forcefully, this Beattie Government is a debate during which Dan Quayle tried to can't do Government: can't do Expo, can't do compare himself with John F. Kennedy. Lloyd a superstadium, can't do the flower festival, Bentsen said to him, "Jack Kennedy was a can't do anywhere near 5% unemployment. friend of mine. Senator, you're no Jack That all makes Peter Beattie the can't do king. Kennedy." I say to Mr Premier: you, sir, are no The Premier's chronic inability to seize the Jeff and no Joh. Joh Bjelke-Petersen wrote the opportunities presented by big vision and big book on can-do Government and Jeff Kennett ticket projects threatens the future growth and has since added lots of chapters. prosperity of this State. So far, the only contribution Mr Beattie Labor is more about making excuses than has made to a can-do Government is making opportunities. For the can't do gang, Baywatch. As we speak, the Baywatch deal is everything is either too hard, too costly, too about as real as Pamela Anderson's figure. late, or too challenging. Clearly, the Premier Joh Bjelke-Petersen would not have let World and his team have forgotten the first rule of job Expo 2002 slip through his fingers. He would creation, and that is confidence. Before we have hooked up a chain to one of his can create jobs, we have to create confidence. bulldozers and cleared the site for the Expo However, Labor has not created confidence. In himself if that is what it took to get it done. fact, it has created doubt. When Joh occupied the office of Premier, he The State's biggest employer group, the had a plaque on his desk that said, "To avoid Queensland Chamber of Commerce and criticism, say nothing, do nothing, be nothing". Industry, has grave doubts about the industrial The plaque on the desk of the current Premier relations package presented by this ought to read, "Done nothing". What about Government. The QCCI workplace relations the other leader with whom the Premier has manager, Judith Himstedt, says that Labor's tried to compare himself? I tell members that 10 Mar 1999 Beattie Labor Government 477 one of Jeff Kennett's favourite sayings is, "It's tonight. That says it all. We are not only a can- not where you start, it's where you finish." do Government but also we are delivering. Eight months ago, Labor started with a For two years and four months we saw great coalition Budget and it started with the Opposition promise a lot and deliver little. confidence from the business sector. However, We had the master of the half-truth opposite, at the rate they are going, they are going to who ran around promising a great deal and make this State finish nowhere. Peter Beattie delivering very little. We had to come to office is the can't do king and the pragmatic princess to make things happen; we have made things will be taking his place a lot sooner than he happen and we will continue to make things thinks. happen. Hon. P. D. BEATTIE (Brisbane Central— All we see from the Opposition is this ALP) (Premier) (6.14 p.m.): I move— constant undermining of Queensland. Today, "That all words after 'House' be we came into this place with a proposition to deleted, and insert in their place— help the Central Highlands. What happened? The Opposition sought to undermine it! Today, '...applauds the Beattie Labor the Leader of the Opposition attacked Pacific Government as a can-do Government Coal. We were trying to get some jobs, trying which is placing the highest priority on to do something in Emerald, and what did we jobs growth by— have? This constant white-anting of 1. Creating 35,000 jobs in seven Queensland. The Opposition would have no months, to deliver the lowest greater joy than to see people on the unemployment rate in nine years. unemployment queues, because that is the 2. A higher rate of job creation than the misery in which it trades and that is the misery previous Government, delivering upon which it is seeking to get re-elected. 1,800 more jobs each month. That is not good enough. In the current 3. Pursuing progressive, pro- economic climate, politicians have to work employment policies to expand the together to improve things for Queenslanders. number of apprentices, traineeships There has been no bipartisanship from the and work experience opportunities, other side of politics. They have consistently and help small business grow into big sought to undermine and destroy. The master business. of the half-truth has a whinge a day, because he cannot come up with anything positive. 4. Promoting a fair and balanced Today, when we were seeking to get out and system of industrial relations, which do something, all the Leader of the Opposition provides effective mechanisms to sought to do was to undermine us. resolve disputes through an independent umpire. I am happy to go through all of the things that we have on the agenda and if I had a little 5. Transforming the building and bit more than two minutes left during which to construction industry in this State, speak I would read out the lot of them. through a new emphasis on training, However, the bottom line is that our Budget resolution of security of payments, supports 65,600 jobs. I ask members to and delivery of a record $4.8 billion remember what the Borbidge/Sheldon capital works program. Government had to say about unemployment. 6. Delivering major infrastructure It said that it was going to go up. That was the projects including Airtrain Citylink, Borbidge/Sheldon Government's legacy to Brisbane light rail, and a $300m Queensland: that unemployment would go up. upgrading of the north coast rail In eight months, what have we done? We freight line. have given Queensland the lowest level of 7. Proving our capability to attract unemployment in nine years. That is the investment by resurrecting a range of comparison. major projects left stagnant by the Dr Watson interjected. previous Government.'." Mr Borbidge interjected. Queensland has the lowest level of Mr BEATTIE: Here we go, as usual we unemployment in nine years. We are creating have disruptive behaviour in the Chamber. The 5,000 jobs a month—1,800 more jobs a Leader of the Opposition has a hide to talk month than were created under the about that. On every occasion, he interjects. I Borbidge/Sheldon Government. That is all we draw the attention of the House to the need to say in response to this nonsense continual attempt by the Opposition to disrupt 478 Beattie Labor Government 10 Mar 1999 the Government's business and the speeches Citibank, one of the world's largest financial in this place. institutions, and another major corporation. The difference is very clear: the Members opposite know who that is, and we Borbidge/Sheldon Government said that will announce that in the very near future. That unemployment would go up. What did we do? has resulted in 1,000 new jobs in call centres. I We reduced it to the lowest level in nine years. do not recall any of those opposite being That is the end of the matter. There does not present at the briefings and I do not recall the need to be any more. The rest of it is spelled Leader of the Opposition being present at the out in the amendment to the motion. Under discussions with any of those firms. I recall the my Government, the job creation rate is 60% Premier being there and I recall doing the higher than the Borbidge Government's job deal. I recall the signatures on those contracts, creation rate, and that says it all. but I cannot recall the Leader of the Opposition nor the member for Burnett being Hon. J. P. ELDER (Capalaba—ALP) there. That deal will mean the creation of (Deputy Premier and Minister for State 1,000 new jobs within the first few weeks of Development and Minister for Trade) operation. The coalition Government could not (6.20 p.m.): I second the amendment moved deliver that, even though those groups by the Premier. To contrast the difference informed us that they were keen to do between this Government and that of the business. Despite that, it was this coalition, when I came to office my department Government—the Premier, myself and the had a lot of pretty furniture, although there was department, whom the member opposite calls not much left in the cupboards. One of my first duds—that delivered that. If there is any dud in acts was to provide the Brisbane Technology this place, it is the honourable member. Park with $1.4m that had been sitting in my In the next few months I will take great department's budget since the 1997 Budget. pleasure in introducing into the State a few That money had been sitting there for 14 energy projects that we have been working on months, although it was allocated to provide for the last few months. When the time comes, technology infrastructure to the technology I will take great delight in pinning those park. That was my first decision and it was a projects between the eyes of the members quick decision to make. For 14 months when opposite. There has been some scuttlebutt the Opposition was in Government, that and whingeing about CS Energy and Callide, money just languished. The coalition did not and a suggestion that we would not honour understand—but we understand—that the contracts or build it. I recall turning over the technology is important in creating high-tech first sod of soil, but I do not recall my critics or, jobs in Australia. If we are going to drive job indeed, anyone from the other side of the creation, we need the infrastructure within House being there. The other day they said Government resources to provide the that they were not invited. I checked with CS necessary support. That single decision was Energy and apparently they were notified, but I made. While members opposite talk about do not recall any of them being there. "can't do", that is something that they could not do for 14 months but that I did within the I recall also the comments that Opposition first few weeks of coming to Government. members made about our lack of commitment to water infrastructure, particularly in relation to The Leader of the Opposition whined and the Nathan dam. Nothing has changed in whinged when he was previously in Opposition relation to that project since the coalition was and he whined and whinged when he was the in Government. SUDAW Developments is still Premier. Now he is happy to be back where he getting the same support from the same team was, because that is his style. He enjoys under me as the State Minister as it received knocking Queensland and he enjoys when the member opposite was the Minister. whingeing. However, he will hold that position The only difference is that we have had to fix only temporarily because the nest of rats that up a bit of his sloppy work. The only critic has he moved out has been replaced by a nest of been Senator Robert Hill, who is from the vipers, and they will be more venomous next same side of politics as members opposite. time. From discussions that I have had with No-one from this side of politics has been them, it is clear that they understand that the critical. The only one who said that it will not Leader of the Opposition's attitude to come to fruition if he has his way is Senator Opposition comes from the past. He was Robert Hill. One can never trust a Liberal! comfortable with that attitude before and he is quite comfortable with it now. The Leader of the Opposition got on his high horse and said, "I'll make sure that I In the first few weeks of Government, we deliver it. I'll get Tim Fischer and the Federal initiated contracts with Stellar Communications, Government behind me." Do honourable 10 Mar 1999 Beattie Labor Government 479 members know what happened? They did not Marco Polo than Pinocchio. This Premier is listen to him! On the same day, Robert Hill said claiming initiatives that were developed by the that work had not been done on the EIS. This coalition Government and the Deputy Premier Government has had to recheck that work. is in the same category as his Premier. Nothing has changed in relation to the Perhaps the Government can claim Baywatch, processes on that project. One of the first but Queensland is only being considered things that the coalition did when it came into because Avalon in Sydney did not want it. Government was to scrap all industry There is even some confusion as to whether assistance, and 19,000 jobs were lost in the Baywatch will come to Queensland. manufacturing sector within the first six months The big project that the Government went of the coalition being in power. That is its out on a limb to foster was the proposed legacy. Chevron gas pipeline to service potential Mr Borbidge: Rubbish. That is rubbish. industry development along the coastal strip Mr ELDER: The record is there. It is not south of Gladstone. In the early stages of this rubbish. The record is in black and white; it is in Government, they talked of nothing else, the ABS figures. In the first seven months of indicating that Chevron was to be the rainbow this Government, 11,000 jobs were created in that would deliver the pot of gold of increased manufacturing. The coalition formed a never, industrial activities and a jobs bonanza for never, never Government. Queensland. It was to be the catalyst to ensure that Comalco would develop an Time expired. aluminium refinery at Gladstone. Suddenly, Mr SLACK (Burnett—NPA) (6.25 p.m.): I the Government has gone all quiet about have listened with interest to the Premier and Chevron. Indeed, rather than claiming it as this the Deputy Premier and I think that, rather Government's great initiative, a spokesperson than call them the can't do Government, we for the State Development Minister Jim Elder should call them the gunna Government. They stated in the Courier-Mail of 4 March, are gunna do this and they are gunna do that. "Governments have done about as much as Instead of listing the achievements that they they can." That has happened because press have made that were not initiated by the reports indicated that the project is likely to fall coalition, all they can do is throw personal over and Minister Elder's office now wants to insults at the Leader of the Opposition. distance itself from it. While they wanted the The Government and particularly the glory of a can-do Government, they now want Premier have spoken incessantly about a 5% to share the responsibility if it fails. jobs target and how, in order to achieve that, Mr ELDER: I rise to a point of order. The they have pledged their support to industry Governments were the Federal Government, development, particularly value adding to our the PNG Government and our State vast range of primary products, both mining Government. and agriculture. Those are laudable objectives Mr SPEAKER: Order! There is no point of that the Opposition supports. As has been order. said by the Leader of the Opposition, most if not all of the so-called Government initiatives Mr SLACK: I raise the Chevron issue not announced by the Premier and the Deputy because the Opposition does not support it; Premier were developed by the coalition the Government knows that we do with the Government while in office. In fact, I do not proviso—and it is a big proviso—that it stacks know of any new projects that have not been a up commercially in a free competitive natural progression of projects that were commercial environment. Our criticism of the promoted and developed by us while in Government is in relation to the Government's Government. Government members talk about preparedness to load the dice in favour of delivering major infrastructure projects such as Chevron. In the long term this will mean higher Airtrain Citylink, the Brisbane Light Rail Project costs for industry and consequently—— and the $300m upgrading of the north coast Mr Elder: Where? rail freight line, and all were initiatives of the Mr SLACK: The honourable member coalition Government. The other day should listen. In the long term this will mean Government members talked about exports to higher costs for industry and consequently will Germany and investments in light metals by have the opposite effect to that which the Fiat, which were all initiatives of this Government was seeking, which will be a Government. negative rather than a positive effect on long- When I was Minister for Economic term industry development. To encourage Development, I was accused of being Marco Chevron, this Government actually took action Polo. I would much rather be accused of being to distort the electricity marketplace. I refer to 480 Beattie Labor Government 10 Mar 1999 the decision to hold back on further Mr HAMILL: That is why I have so much development of the Tarong Power Station and pleasure—and that is why the Leader the Callide C Power Station. Liberal Party does not like hearing this—in Mr ELDER: I rise to a point of order. I do saying that, based on our revised position, not mind listening if it is not an untruth. That is given the Government's commitment to jobs not true and it is not being done. and job creation, we will see that in 1998-99 unemployment will now average 8.5%, a Mr SPEAKER: Order! There is no point of position which we did not believe we would be order. able to reach until the June quarter this year Mr SLACK: Their actions have also had a but which we have reached already. How did dampening effect on the development by we reach it? It was because of our would-be power stations involved in the determination to deliver on important capital previous Government's Surat/Dawson works spending, which was not only about development initiatives. Now it is crunch time. generating new jobs but also maintaining If Chevron falls over, power that otherwise people in jobs. I know that the Leader of the would have come on line will be unnecessarily Opposition does not care too much about held up by the actions of this Government, jobs. In the whole period that he led a which will cost industry and jobs. I repeat: this Government in this place he did not deliver on will cost industry and jobs. It will also mean his contract with Queensland, as he called it, diminished confidence, which again will cost under which in 1995 he promised key jobs. initiatives to boost employment prospects for young people. He was always very good with a My other point in relation to the glib line when he thought it might obtain a foolishness of this Government's extraordinarily headline. single-minded support of Chevron is that the previous Government had put in place an Mr Springborg: A glib line? open electricity policy that would have ensured Mr HAMILL: A glib line for a headline. cheaper electricity rates. However, he was never any good when it Time expired. came to delivering on the important things, such as a future for our young people and jobs Hon. D. J. HAMILL (Ipswich—ALP) in Queensland. That has been the hallmark of (Treasurer) (6.30 p.m.): Not only is this a can- this Government's time in office. We delivered do Government, it is a Government that has on a Budget which embodied the very been doing and is doing. It is a Government commitments that we went to the people of that has already achieved. This morning in the Queensland with last year. We said that we House I tabled the midyear Budget review, would deliver it within the fiscal framework that which also provided a commentary on the we were inheriting, and we did it. But most state of the Queensland economy. That review significantly, we gave a massive commitment showed clearly that we are presiding over not to employment and training opportunities. That only a very strong budgetary position—a is why apprenticeship numbers have budgetary position which reflects the priorities burgeoned under this Government. Why? We of this Government—but also a State have been committed to doing the job and economy that is in far better shape than it was delivering on our commitments. when we assumed office in the middle of last year. Our commitment to employment is a very important one. It was not only about giving The midyear Budget review revealed the people opportunities to train, acquire skills and following: growth on track at 3.5%; find employment now; it was also about skilling unemployment trending down; and a predicted the work force for the future. In other words, year average unemployment rate of 8.5%. this is a Government that was concerned not Earlier this evening in the debate the Premier only about the here and now but also about made some remarks about jobs growth. He the future and laying the groundwork for an made the very telling point that the coalition's even more prosperous future for Queensland. last fiscal effort in office was the bringing down It is because of that philosophy that we were of a Budget forecasting rising unemployment. able to generate 35,000 new jobs in just seven That was only 12 months ago. That Budget months and we were able to achieve a higher back in May last year also indicated that the job generation figure in seven months than we then Government believed that unemployment believed we might have been able to achieve throughout 1998-99 would average 8.75% and over the whole 12 months of our first term. would trend upwards. That is the mark of the achievements of Dr Watson interjected. this Government. We have been getting on 10 Mar 1999 Beattie Labor Government 481 with the job of generating employment and Minister's briefing notes told him. For the focusing the economy and all of the agencies Premier and the Treasurer to claim credit for of Government on delivering employment that increase because of the building industry opportunities in this State. We have not fund, which was only implemented on 1 forgotten about the other services—— January, is intellectually dishonest. They know Time expired. that, yet they keep claiming the credit for that increase. Mr SANTORO (Clayfield—LP) (6.35 p.m.): The Premier's amendment to the motion is an The fourth point in the motion mentions exercise in intellectual dishonesty and in reforming industrial relations by reforming the claiming credit where it is not due. Briefly, I Industrial Relations Commission for dispute wish to go through the various elements of the resolution purposes. They intend to centralise Labor Party's amendment and show to the dispute resolution and come up with one-size- House, and to anybody else who cares to fits-all solutions. They will move away from the listen, the hypocrisy and intellectual dishonesty enterprise focus, and that will destroy business of members opposite. incentive. What they will also be doing is increasing the rights of unions to enter Any self-respecting economist would workplaces in an unrestricted manner, and acknowledge that before the impact of they will be giving unions the automatic right to economic policies becomes manifest there is a intervene before the commission regardless of timelag. This Government has only been in whether the case before the commission office for nine months. It has been involves union representation or not. What will implementing policies for even less time than that do? They also intend to abolish the that. Any self-respecting economist who says coalition's unfair dismissal laws. that there is no timelag between the implementation of the Labor Party The Government is returning to the Budget—our Budget; and we take the credit policies of Goss, Warburton, Vaughan and for the good things that flow from that those sorts of Ministers. We are warning the Budget—is being intellectually dishonest. Government about this, because we are genuinely concerned that it will have a In the first part of his motion, the Premier claims that unemployment is at a nine-year detrimental impact on employment. Politically, record low. The Premier did not mention that in it is good for us. As the cycle takes shape, in two to three years' time it will be politically good February and March last year we claimed that for us. But in the interests of the unemployed unemployment was at an eight-year record low we are telling the Government that what it is and that those years included six hard years of doing is bad, because it will increase Labor. When the Premier talks about a low unemployment. rate of unemployment, he is speaking about our achievements. We brought down the rate The fifth point mentions transforming the in spite of the hurdle that the Goss Labor Party building and construction industry in this State. left in our way. When he lays claim to record I have just told honourable members that job creation figures of 1,800 a month, we will approvals were skyrocketing in the last 12 take a good deal of the credit for that months under the previous Government, yet achievement. Government members now take the credit. Today in question time I heard the The Government speaks of delivering major Minister for Employment and the Premier, as infrastructure projects, including the Airtrain did the Treasurer tonight, claim credit for the Citylink and the Brisbane Light Rail Project. increase in the number of apprenticeships. I Airtrain Citylink was our project. It is now being will tell honourable members what the delivered 12 months late by the Labor Party. document titled "Matters for the Minister's The Brisbane Light Rail Project was yet again Attention" for the week after we left office right our project, to be delivered with Federal up to the time that I got it under FOI shows. Government support. This is what happened for the year 16 June Those are the points on which the 1997 to 15 June 1998—two days after we lost Premier hangs his argument. He is being the election. There was a 5.8% increase in intellectually dishonest by falsely claiming new apprenticeships approved over the 12 credit for coalition achievements. Day after day months. In the building industry, the figure was Government members come in here and up 25.6%. From 2 September 1997 to 2 falsely claim credit for the achievements that September 1998, the increase in are still flowing through into the Queensland apprenticeships was 21.1%. The increase in economy as a result of our two and a half the number of building industry years of diligent coalition economic and apprenticeships was 34.9%. That is what the industrial stewardship of the State. If that is all 482 Beattie Labor Government 10 Mar 1999 the Government has to hang its case on, as I called standards, not that he has much after said, it suits us fine politically. However, the today. Government is indulging in economic Mr SPEAKER: Order! This is not the time vandalism of the worst kind and condemning for debate. Is the member asking for a generations of Queenslanders to the withdrawal? unemployment scrap heap. Mr BORBIDGE: Yes, please, Mr Speaker. Time expired. Mr BRADDY: I repeat what he said in Hon. P. J. BRADDY (Kedron—ALP) here tonight. I withdraw. I repeat, however, (Minister for Employment, Training and this: what he said in here tonight about my not Industrial Relations) (6.40 p.m.): One of the knowing about Sun Metals being under things that should be apparent to the people Queensland law is wrong. That has no basis in of Queensland is that this Opposition is about truth. He has no proof of that. It is absolutely gloom and doom. We heard some more of it wrong. He has misled the Parliament in saying tonight from the former Premier in his speech so. about compulsory trade unionism, which we I talk not only apprenticeships constantly, are supposedly bringing in—although he has and I will continue to do so. Whether the not seen our industrial laws yet—and the like. honourable member for Clayfield likes it or not, Prior to making our policy announcements in the facts of the matter are that in February of relation to WorkCover, we also saw the last year there were a little over 7,000 Opposition and its supporters coming out and apprentices in this State. There are now over saying that what we were going to do in 10,000. There has been an increase of 3,256 relation to WorkCover would inevitably lead in the 12 months to the end of February this immediately to a rise in premium rates. In fact, year, an increase of 46%. In the same 12- it was proved so wrong that it was laughable. month period the year before, the number of First of all, we were able to bring in apprentices fell by over 5%, and the year changes that we are announcing in relation to before that, the number fell by over 6%. They definitions of "employee", "worker" and "injury" are the facts supplied by the department and and at the same time, on the recommendation the member opposite cannot gainsay it. of and working with the WorkCover board, drop In relation to promoting employment, we the surcharge 18 months in advance. So the have provided incentives to private enterprise. gloom and doom has already been proved Between 1 October 1998 and 9 March this wrong. I can assure the Leader of the year, nearly 1,000 Queensland employers took Opposition that the gloom and doom that they up our offer of incentive payments for pronounce in relation to our industrial laws will employing additional apprentices. As a result similarly be proved wrong. of that—which was preached again by the The Leader of the Opposition has been Opposition—over 1,500 additional apprentices attacking me here tonight. He is the master of and trainees have been taken on in areas of the half-truth, as I christened him long ago, skill shortages. Members opposite said it could and still is, only this time it was not even a half- not be done. That is one of the reasons why truth—it did not reach even that. He said that I the unemployment rate is falling, as it did in did not know that Sun Metals in Townsville was the latter part of last year—not due to the under Queensland awards and legislation. Of member for Clayfield, who claims credit for it. course I did. I have been talking to people in What do small businesspeople say when relation to the matter and holding discussions. surveys are conducted in relation to unfair What I did say is that three out of the four dismissals? They say that the main reason for disputes—and Sun Metals was the exception concern about lack of full-time jobs is that in this State—were under Federal laws, and there is not sufficient work, not sufficient that is the situation. But again he comes in incentives—not the ability to be exempt from here without any proof. There has been unfair dismissal laws. nothing in the Parliament to say that. He is just Time expired. a person who repeats untruths time and time Mr SPRINGBORG (Warwick—NPA) again in the hope and belief that he will (Deputy Leader of the Opposition) (6.45 p.m.): elevate that to a standard that will be believed. In his contribution, the can't do Deputy Premier Mr BORBIDGE: I rise to a point of order. I brought to the attention of this House some of think I have been reasonably tolerant after his alleged achievements since he became a about 20 minutes of personal abuse, but I do Minister. In my contribution tonight I would like find those remarks offensive. I do not really to go through some of the lack of achievement think the member is reflecting the Premier's so- on the part of the honourable Minister for 10 Mar 1999 Beattie Labor Government 483

Natural Resources and Minister for Earlier, the Deputy Premier said Environment. As soon as he walked into the something in relation to the Nathan dam which Department of Natural Resources he said, was absolutely wrong. He indicated that the "You must now not deliver on Flinders dam, impact assessment process carried out was Finch Hatton dam, St Helens Creek dam, and flawed. It was not. It was one of the most you must go slow on Paradise dam, go slow comprehensive impact assessment processes on the Elliott Channel and go slow on the that has ever been carried out with regard to a Nathan dam." That is an example of the lack major piece of infrastructure in this State. It is of achievement which we are seeing from this the same sort of impact assessment process can't do Government. that allowed us to rule out the Comet dam. I indicated when I became the Minister—and The Premier has tried to move in this Howard Hobbs did exactly the same when he Parliament a very feeble amendment to the was Minister—that in this State we are very, motion. He has tried to bring out a number of very keen to go ahead with this sort of things, many of which are achievements of the infrastructure because we believe that it drives former Government. However, he cannot put jobs and drives regional economic opportunity, even one single thing in this amendment but we would not do so at the expense of the which indicates in any way positive environment. advancement in the area of water infrastructure. When one considers that this We used exactly the same process with Government has been in power in Queensland the Comet dam. After we went through that for more than eight months now, it is appalling process and it was presented to me that its that the Premier is not able to say that it is environmental consequences could not be sustained, although it stacked up going anywhere in the area of water economically, I said, "No. That is it. We will kill infrastructure. Water infrastructure is absolutely it. We are not going to sacrifice the crucial to people of Queensland. It is crucial to environment on the altar of economic regional development in this State and it is opportunity in this particular case." Even absolutely crucial to the job creation prospects though it stacked up economically, and also the economic viability of Queensland. environmentally we indicated that we would be We see a situation in which this Government is very, very responsible. But, on the other hand, not prepared to advance any of the great work the Nathan dam did stack up environmentally. which had been put in place by the former It stacked up economically and that is why we Government. were prepared to go ahead with it. We were I would like to go through some of that. considering all the impacts—downstream We put in place a Water Infrastructure Task impacts. That was a part of the water Force and we indicated to it that we would management plan and also the water allocate $1 billion in State money over 15 allocation management plan. All of those sorts years, to be supplemented by $1 billion in of things would have made sure that we could private enterprise contributions or promises as address those particular concerns. well. We did that to make sure that we would When we look around the State we see put in place water infrastructure which could that what we need for economic development drive jobs in the regions, which could drive are the sorts of things this Government is regional development and which could drive going slow on. Given the way everything economic development. Under this can't do stacks up, there is absolutely no reason the Premier, that has been stopped. Paradise dam, near the electorate of the honourable member for Bundaberg, could not The Deputy Premier might as well save have been built or at least started within five himself millions of dollars next year by years. It is a great project. I am sure the abolishing regional infrastructure development member for Bundaberg appreciates that. She in the Department of Natural Resources should go straight into the office of the Minister because it is not doing anything. There is a for Natural Resources and give him a good old team of great water engineers—people who shove along on that issue. The Nathan dam are used to getting things done—but they are also stacks up very well. The Elliott Channel in sitting there, twiddling their thumbs. They are north Queensland is very important to doing absolutely nothing. I would have thought economic development. that, as the Minister for State Development, he We had done the work. We put in place a would at least have been a little bit concerned, plan, the money was there and the proper or at least concerned enough to go in there assessment processes were being carried out. and actually pick up some of those projects We have given this Labor Government a plan and drive them forward. for water infrastructure development for the 484 Beattie Labor Government 10 Mar 1999 next 12 to 15 years which would drive jobs and lead chapter 2. That means more jobs, more regional economic development in development and more prosperity for the Queensland, but it has done nothing. It has people of this State. sat on it hands. It has sacrificed that work. I refer to the coalmining industry. Prior to Time expired. the Goss Labor Government coming to power, Hon. T. McGRADY (Mount Isa—ALP) Cabinet Ministers would sit around the table (Minister for Mines and Energy) (6.51 p.m.): and decide which land would be available for This debate is about the Government putting exploration. One of the first things the Goss its financial credentials on the table and the Government did was release large tracts of Opposition trying to put its credentials on the land, known as the RA55. As a direct result of table. We beat the Opposition hands down. the actions the Government took at that time, we opened up almost 10 new coalmines in this Labor is the party that is regarded in this State—each one of them creating jobs and State as the job creators and the party with a creating prosperity for our State. record of getting things done. The coalition left this State, particularly the electricity industry, in As I said in my opening remarks, this turmoil. If it had not been for the election, debate is about the contrast between the between 2,500 and 3,000 of our fellow conservatives and the Labor Party in this Queenslanders who work in the electricity House. We beat those opposite hands down industry would now be on the unemployment on every single issue. We are the job creators. scrap heap. During the past decade there has We are the ones recognised by the business been unprecedented growth in mining community as the can-do Government. development, particularly in north-west Those in this Parliament who understand Queensland. This was not achieved by the the mining industry know that it has its peaks coalition; it was achieved by Labor and troughs. It is fair to say that at present Governments. things are not 100% for the mining industry, I will repeat what the Labor Government but it knows it has a Government which is did with regard to the north-west of this State. prepared to help it plan for the future. This We set up the Carpentaria/Mount Isa minerals Government is all about trying to assist the province. For the first time ever we had mining industry and the people who work in brought together the Federal Government, the the mining industry. That is the challenge we Queensland Government, the Northern face. That is the challenge we as a Territory Government and all of those Government will rise to. companies that had interests in the north-west. Time expired. We worked as a team and today the Ernest Question—That the amendment be agreed Henry mine and Cannington mines are in to—put; and the House divided— production. Jobs and wealth are coming out of AYES, 44—Attwood, Barton, Beattie, Bligh, Boyle, this part of the State. Braddy, Bredhauer, Briskey, Clark, J. I. Cunningham, What did those opposite do when they D'Arcy, Edmond, Elder, Fenlon, Foley, Fouras, Gibbs, were in Government? The only thing they did Hamill, Hayward, Lavarch, Lucas, Mackenroth, for the north-west was organise the signing of McGrady, Mickel, Mulherin, Musgrove, Nelson-Carr, the documents for the gas to come into the Nuttall, Palaszczuk, Pearce, Reeves, Reynolds, Roberts, Robertson, Rose, Schwarten, Spence, north-west. We all remember what happened Struthers, Welford, Wellington, Wells, Wilson. then. We sat there and for five hours the Tellers: Sullivan, Purcell coffee and tea was made, the cakes and scones were on the table, and what NOES, 39—Beanland, Black, Borbidge, Connor, Cooper, Dalgleish, Davidson, Elliott, Feldman, Gamin, happened? They could not even organise a Grice, Healy, Hobbs, Horan, Johnson, Knuth, signing ceremony, because the document was Laming, Lester, Lingard, Littleproud, Malone, not ready to be signed. They all had to march Mitchell, Nelson, Paff, Prenzler, Quinn, Rowell, back to their offices and their homes and a few Santoro, Seeney, Sheldon, Simpson, Slack, weeks later the ceremony took place. Springborg, Stephan, Turner, Veivers, Watson. The Carpentaria/Mount Isa minerals Tellers: Baumann, Hegarty province has been one of the great success Pair: Pitt, Goss stories of this State. I have news for the Resolved in the affirmative. Opposition. We are not content with chapter 1; Mr SPEAKER: Order! For any future we are about to embark on chapter 2. Very divisions on this motion, the bells will be rung soon we will be announcing the team of for two minutes. people who will work on trying to get more development in the north-west of this State. Question—That the motion, as amended, Soon we will be announcing the team that will be agreed to—put; and the House divided— 10 Mar 1999 Corrective Services and Penalties and Sentences Amendment Bill 485

AYES, 44—Attwood, Barton, Beattie, Bligh, Boyle, judges and the role of the courts in this Braddy, Bredhauer, Briskey, Clark, J. I. Cunningham, debate. It says to society that we have faith in D'Arcy, Edmond, Elder, Fenlon, Foley, Fouras, Gibbs, our magistrates and we have faith in our Hamill, Hayward, Lavarch, Lucas, Mackenroth, judges and that, when they hand out McGrady, Mickel, Mulherin, Musgrove, Nelson-Carr, sentences, they should be obeyed, adhered to Nuttall, Palaszczuk, Pearce, Reeves, Reynolds, Roberts, Robertson, Rose, Schwarten, Spence, and followed through 100%. I am talking about Struthers, Welford, Wellington, Wells, Wilson. sentences for the serious violent offences as Tellers: Sullivan, Purcell set out in this legislation. The whole point is that this is essentially a discussion on the NOES, 39—Beanland, Black, Borbidge, Connor, Cooper, Dalgleish, Davidson, Elliott, Feldman, Gamin, belief that getting tough on crime works. Grice, Healy, Hobbs, Horan, Johnson, Knuth, Mr Fenlon: It's a debate. Laming, Lester, Lingard, Littleproud, Malone, Mr NELSON: Debate, discussion— Mitchell, Nelson, Paff, Prenzler, Quinn, Rowell, Santoro, Seeney, Sheldon, Simpson, Slack, whatever the member wants to call it. I have Springborg, Stephan, Turner, Veivers, Watson. done a bit of research and I have looked into Tellers: Baumann, Hegarty some issues. I intend to talk mainly about the Pair: Pitt, Goss American model—not because I believe that it is the only model and not because I believe Resolved in the affirmative. that what America does is right. But Sitting suspended from 7.04 p.m. to essentially, and as any sociologist will tell 8.30 p.m. members, our society is following very closely behind American society—right or wrong, and whether or not I agree with it. CORRECTIVE SERVICES AND PENALTIES AND SENTENCES AMENDMENT BILL Ms Struthers: They have the highest gun ownership rate. Second Reading Mr NELSON: I will get to that. Whether or Resumed from 3 March (see p. 206). not I agree with it, our society is following that Mr NELSON (Tablelands—IND) of America. (8.30 p.m.), continuing: Getting tough on crime Ms Struthers interjected. does work. That is a fundamental truth that Mr NELSON: The member for Archerfield cannot be denied by anyone in this House, no had her chance to have a say. I am now matter what their political persuasion. having a say. That is what debating is all Ms Boyle: Ha! about: one person has their say and then the Mr NELSON: Seriously, getting tough on other person has their say. crime is—— Mr Lucas: Don't you like that? Aren't you Mr Fouras: It was a good opening. prepared to debate the issue? Mr NELSON: I thought the Premier said Mr NELSON: It was a very good opening. today that Government members do not I have had a bit of time to calm down after my interject, that they just sit there and listen, that speech last week. I have had a good, long, this is a listening Government. Members on hard think about some of the points that have this side of the Chamber get hounded every been raised by the Government on this issue. day. For example, the member for Archerfield mentioned a couple of cases. I agree that Madam DEPUTY SPEAKER (Ms Nelson- there are a couple of interesting points—what I Carr): Order! I do not think that the Premier would consider points in law—that we should said that Government members would not consider. In all those cases that were interject. Just get on with it, please. mentioned, and one in particular, that is, the Mr NELSON: Just get on with it, please? farmer who, accidentally or whatever, shot Lovely! someone—— Mr Lucas: You're a delicate petal. Ms Boyle: Not accidentally. Mr NELSON: I am a delicate petal. The Mr NELSON: Okay. He shot someone point is that, whether or not we agree with it, because his rifle discharged as he was the American model is startling. I do not climbing a fence; that person was killed, and believe that anyone would disagree with that. therefore he was charged with a serious violent The rate of crime in New York City has offence, namely, murder. I believe that those decreased through a triple whammy: the issues should properly be dealt with by a introduction of zero tolerance, the introduction magistrate. Truth in sentencing actually affirms of truth in sentencing and the reintroduction of the role of the magistrates, the role of the the death penalty. Members cannot disagree 486 Corrective Services and Penalties and Sentences Amendment Bill 10 Mar 1999 with the fact that the murder rate in that city is Mr NELSON: No, they certainly do not. down by 60% and the incidence of violent They say that they are sick and tired of seeing crime across-the-board is down by around criminals not serving the sentences that they 48%. Those are fundamental truths. New York receive. Coming from a police family, I have a City had a soaring crime rate at a level that we certain insight into this, because I have cannot even imagine here. We cannot even watched criminals going before the courts time comprehend the sort of crimes that they have and time again. I have watched my father to deal with over there. What I am saying is prosecute quite a few cases. that if it works in one of the toughest cities in Ms Struthers interjected. the world, by lord it can work here. Mr NELSON: My mum worked in a factory Mr Lucas interjected. for most of her life, and she still does to this Mr NELSON: Of course. Their population day—if the member for Archerfield wants to is higher than ours, as well. But the simple fact have a talk about that. is that they have cracked down on crime. One Ms Struthers interjected. interesting point about truth in sentencing is that now, in America, 28 States and the Mr NELSON: I am quite proud of what my Federal Government—no matter what their mother did. political persuasion—have gotten rid of parole Mr Schwarten: How many people of altogether and replaced it with truth in Queensland do you represent now? sentencing because of what happened in New Mr NELSON: 21,662. But I do not see York. In essence, what we are talking about is how that has anything to do with this debate. a political difference. I mentioned a few things The point is that people come into my office to two members of the Labor Party in the lift and say that they are sick and tired of criminals tonight. I said that it is a fundamental not being punished for their crimes. The difference of opinion or a difference of belief; people who will be affected by this Bill are that I, being a person of conservative people who have committed serious violent persuasion, believe that the only way to deal offences. I ask members to think about that for with a serious violent offender or any person a minute. I am not talking about people who who decides to break the laws of the State is have picked a pocket. to punish them effectively under our laws—be it a $10 or $20 fine for jaywalking, or life Mr Schwarten: You've gone from imprisonment for murder—and those laws 400,000 to 11,000, really. should be adhered to. What I am saying is Mr NELSON: I am the member for that when a magistrate hands down a Tablelands, not the member for the rest of sentence, that criminal should serve 100% of Queensland. his or her sentence. Mr Schwarten: Ah! You've changed your Mr Lucas interjected. view. What's changed in the intervening time? Mr NELSON: There might be a complete You got the big A from One Nation. difference between the people who live in Madam DEPUTY SPEAKER: Order! The Lytton and the people who live in the member for Rockhampton! Tablelands electorate. The Queenslanders Mr NELSON: To correct the record there, I who live in Tablelands must be inherently actually left. I was not kicked out. different from the people who live in Lytton, Archerfield, Cairns and other electorates. But I Mr Lucas: Why did you leave? must say that the member for Cairns only just Mr NELSON: The member can read the won her seat, so she cannot be too proud of paper. that. The tablelanders who come into my Mr Lucas: No, tell us why. office, including card-holding members—— Mr NELSON: Stay tuned to this channel! Government members interjected. Mr Lucas: No, why you left is far more Madam DEPUTY SPEAKER: Order! interesting. We're all listening. If you tell me There is too much noise in the Chamber. why you left in some detail I'll promise—— Mr NELSON: Thank you, Madam Deputy Mr NELSON: I have eight minutes left. I Speaker. The people who are coming into my can waste all the time I like, and we will be electorate office—and these are people of a here until midnight. Left persuasion—are saying to me that they are sick and tired of criminals getting As I said, we are talking about people sentences—— who have committed serious violent offences. We are not talking about pickpockets or Mr Lucas interjected. people who speed or shoplift. The heart of the 10 Mar 1999 Corrective Services and Penalties and Sentences Amendment Bill 487 matter is that we are talking about people who his or her electorate, and represents it well. I have committed serious violent offences— also know that every Government member rape, murder, serious assault causing death goes out into the electorate and hears these and so forth. We are talking about crimes of concerns. the nature that I mentioned during the debate Mr Schwarten interjected. last Wednesday. I think that we get away from the story a bit when we try to get emotional Mr NELSON: I am sure that even in and try to play party politics and say, "If we get Rockhampton people are saying this sort of hard on crime, all these people are going to thing. People are saying that they are sick and suffer." That is not the case. This Bill seeks to tired of not being listened to. People are address, by nature, only serious violent saying that they have had enough. By Christ, offenders. I personally do not believe that this do not think for even a minute that that protest is going to go far enough. I personally have vote is going to go away. Those opposite may certain views. have stopped the party that was born out of this protest vote, but they have not stopped Mr Lucas: Make them serve 110%. the protest. It will not go away until the Mr NELSON: Damned straight! I am sure problems are addressed. that members would know that, if I had my This Bill seeks to address those problems. way, things would be a whole lot different, but I The problems exist within the community. I do not. I commend the member for Warwick agree that they are mainly problems of and other members of the coalition for perception, but they are still there. They will listening to the protest vote that was registered haunt those opposite until they are well and in this House on 13 June or July—I cannot truly gone from this House and retired. remember—last year. What we are seeing here is a direct result— Mr Schwarten interjected. Mr Schwarten interjected. Mr NELSON: Especially yourself. I tell you Madam DEPUTY SPEAKER: Order! The that right now. I know that every single interjections are too loud. I cannot hear the member of this House who has been here for member. a few years received a bit of a jolt at the last election. That jolt was from the protest—— Mr NELSON: These interjections are coming from a party that would never try to An Opposition member: Not the sort of interrupt the business of the House! jolt you will get. Mr Schwarten interjected. Mr NELSON: Whether I am here in three years' time has absolutely nothing to do with Mr NELSON: No, I said coming from a the matter. party. You don't listen, either. Read Hansard— if you can. An Opposition member: It has everything to do with your performance. Mr Schwarten interjected. Mr NELSON: It has nothing to do with the Madam DEPUTY SPEAKER: Order! The protest made by the citizens of Queensland— honourable member for Rockhampton! and Australians in general. The result of that Mr NELSON: The fundamental difference protest is exactly what we are seeing here we are talking about here is that people have tonight. genuine concerns about a lot of issues. One of Mr Schwarten: They voted for One the issues that is constantly brought up to me Nation, not for you. in my electorate is crime. People are concerned about the increase in crime and the Mr NELSON: I don't argue that point. You impact that it has on decent, honest citizens. are 100% correct. Mr Schwarten interjected. Mr Schwarten: What are you going to do Mr NELSON: I could have come in here about it? and ranted and raved. I could have gone on Mr NELSON: What I am doing about it is as I did the other night. I admit that I got a bit coming down here and trying intelligently to wild the other night. I am trying seriously to tell put forward a few concerns that people honourable members that the people who mention to me every day. If the Government democratically elected me to this House have chooses to ignore the concerns of the people sent this message to the Government. They of the Tablelands electorate, and if it chooses are saying to the Government, "You are not to marginalise those people and not listen to listening to what we are saying. You are not them, it is quite obvious what is going to feeling what we are feeling." I know that every happen at the next election. Members on this single member of the Government represents side of the House want to listen to people's 488 Corrective Services and Penalties and Sentences Amendment Bill 10 Mar 1999 concerns. If the Government continues to because I believe the most important issue ignore the concept that it has marginalised a was overlooked in the debate last week and is great number of people with regard to such being overlooked again tonight. I have no concepts as truth in sentencing and the lack of sympathy whatsoever for violent criminals—in responsibility that is portrayed through the fact, in some cases I do not believe they leniency of the justice system, this thing will go should ever be released back into society on and on. It will not go away. The Labor vote because of their total disregard for human life will be reduced and those opposite will be hit and their total disregard for human suffering. where it hurts. However, there is a very sound reason Remember that six seats on this side of why this Bill should be opposed. A parole the House were at one stage held by Labor system has been in place in Queensland for Party members. Remember that that vote is almost 40 years—not because successive not constant. It is all well and good for Labor Governments have felt sorry for criminals, but members to slam people on this side of the because it provides an effective and essential House, but coalition members have learnt their method of encouraging a standard of lesson. They are trying to address some of the behaviour in prisons that is manageable. In problems in their constituencies. Queensland prisons we have almost 3,000 Mr Lucas: They have learnt never to give employees working as prison officials—people you preferences ever again. just like ourselves, people with families to go Mr NELSON: To correct the record, I did home to. Almost 1,500 of these officers are not gain any preferences. I won against working in high security prisons with hardened preferences. I watched Labor Party criminals. preferences try to keep me out, but Labor It is a job that none of us would do. It is a failed miserably because I polled 47%. Why? job that brings very little joy or job satisfaction, Because of the work I did in my electorate! I but it is a job that someone has to do. It is our addressed issues such as this. I told people responsibility to provide conditions in those that their voice would be heard in this prisons that will ensure the highest possible Parliament. No matter what the Minister for level of safety for those officers. Public Works and Minister for Housing has to I do not know if anyone in this House has say, my voice will be heard in this Parliament ever visited inside a maximum security prison because I can talk a hell of a lot louder than or if they have ever spoken to anyone who he can and I will not stop saying the things works in that environment. I have been told by that are being said to me. I can tell the those who have worked in these prisons that Minister right now that he can thank his lucky the only reason—the only reason—that they stars that it is me saying them and not some of the people in my electorate. are manageable is because there is that possibility of early release for good behaviour. I challenge the Government right now to If the possibility of early release is taken come up and have one of those little away—as is intended by this Bill—and if a conferences in my electorate. Bring the prisoner has to serve 10 years with good Cabinet up to the Tablelands electorate and I behaviour or 10 years with bad behaviour, and will have 500 Tablelanders in there screaming if he or she has to serve full term regardless of the Government down about such things as behaviour, then the behaviour of prisoners will truth in sentencing and natural justice because make control an impossible task. that is one thing that is being denied to the people of the Tablelands electorate and the We all hear those cries from constituents people of this State in general. Unless those that sentences are not fitting the crime. But it opposite start learning from their mistakes, in is not the parole system that is at fault. If two and a half years the Minister for Public violent criminals are given an adequate Works and Minister for Housing will be on this sentence in the first place—a sentence that is side of the Chamber and I will be sitting here seen to fit the crime—and that prison term is laughing my heart out at the retractions he will reduced for good behaviour, it is largely have to make for what he has done to this accepted by the community. However, I State in the past couple of years. I tell the believe that the dissatisfaction in our Minister now—and listen well—— community occurs when the initial sentence that is imposed is not seen to fit the crime. Time expired. When that sentence is reduced further for Mrs NITA CUNNINGHAM (Bundaberg— good behaviour, then it becomes totally ALP) (8.47 p.m.): I am joining the debate on unacceptable to the community. This is when the Corrective Services and Penalties and we get the reaction that we are all hearing Sentences Amendment Bill this evening from our electorates. I believe that the real 10 Mar 1999 Corrective Services and Penalties and Sentences Amendment Bill 489 problem is the inconsistency and inadequacy I am sick to death of the perpetrators of of some sentencing, and that is what should crime calling for justice from inside the penal be addressed. system or, more immediately, from the halls of It would be totally irresponsible to support justice—the courts. I ask members: where was the concern for justice when these people so this Bill—to jeopardise both the safety of our deliberately performed their acts of criminality prison staff and a parole system that has been on people who were guilty of nothing but working—without any investigation of the endeavouring to be righteous members of possible repercussions and without any report their own communities? How often do we being received or any inquiry ever being become sick in the guts reading about sad undertaken. It is very easy to make emotive stories of family break-ups because the victims statements in this debate about getting tough are unable to come to terms with the intrusion on crime and going on and on about violent and violation of their lives by unwelcome acts criminals or how much of their sentence should of violence? I for one will no longer tolerate be served, but our role as members of this these criminals who refuse to accept Parliament should surely not be about bringing responsibility for their crimes. If people cannot unworkable Bills before this House or about handle alcohol, do not drink. If someone is a scoring cheap political points; it should be madman on drugs, do not take them. If about providing adequate, workable, someone needs help, seek it. responsible and commonsense legislation for the wellbeing of every person in this State, and The outrage in the community is I urge all members to oppose this Bill. extraordinary when a stray dog bites a jogger, attacks a child or terrorises a postman. The Further, I have to comment that last week dog is put down; an animal that has no in this debate we were threatened that the concept of right or wrong is put down. But names of members who did not support the when it comes to dealing with violent crime Bill would be circulated in their electorates as committed deliberately by people, more often supporters of violent criminals. I believe that than not they are taken to with a feather the Opposition has really reached the bottom duster. Queensland families deserve better of the pit with this type of standover tactic. I and expect better from our Parliament. would like to clarify for them that, like Jim I know the Labor members of the House Pearce, I am not afraid to stand up, either, for have the numbers to defeat this Bill. I also what I believe is right for my electorate and for know that if some of the Labor members were Queensland. given the opportunity, they would support their Mr KNUTH (Burdekin—IND) (8.51 p.m.): electorate and vote for this Bill. I now Quite often we sit in this House and debate challenge the Labor Leader and Premier of Bills that will have far-reaching effects on the this State to give his members the chance to people of Queensland. That is an onerous vote with their consciences. However, before task and more often than not we are torn he responds I would like to share with between party loyalties and electoral attitudes. members a real story about a real child. While These philosophies and attitudes clash with a the debate on truth in sentencing continues in great deal of regularity and it disappoints me Parliament, I have documented the following to say that party loyalties often win, to the evidence in the case of the murder and rape disillusionment of the electorate. of a 12-year-old girl, Sian Kingi. Sian Kingi was just short of her 13th birthday when she met With this Bill, Parliament has a rare her mother at a Noosa shopping centre. Sian opportunity to deliver good, bipartisan was riding her pushbike home from school legislation for all Queenslanders. I believe that when she spoke to her mother in the car park Parliament's main objectives to the people of at the Noosa shopping centre. Little did Sian's Queensland are to provide education, effective mother know that the last words she would health care and employment opportunities hear from her daughter were, "See you at and, above all, it has the responsibility to home, mummy." protect the freedoms of all law-abiding citizens Approximately 400 metres from the of Queensland. I for one am sick and tired of shopping centre, Sian was stopped by a listening to the news every day only to hear middle-aged woman, Valmae Beck, who stories of violence, rape, murder, robbery and asked Sian to help look for a lost dog. Sian's child abuse. Not only do I have to listen to the innocence prevented her from knowing the news, I have to listen to the news that one dangers that awaited her for just being helpful. member of my own family was murdered not While searching the park for the lost dog, Sian more than two weeks ago. So I speak from the was lured into an ambush. She was grabbed heart and I mean what I say. from behind by a man three times her age and 490 Corrective Services and Penalties and Sentences Amendment Bill 10 Mar 1999

10 times her strength. He placed masking tape your husband in." I removed the swear word around her mouth, legs and hands, then piled from that sentence. Beck responded, "Barry, her into the back seat of his and his wife's you wanted to do it again, you remember?", to vehicle like a worthless sack of potatoes. Only which Watts replied, "And so did you." Both God knows the fear and confusion a 12-year- Watts and Beck then proceeded to concoct a old girl experienced. defence of insanity, and still displayed no But worse was to come. The husband remorse. This self-imposed denial is still with and wife transported Sian to a secluded forest, Watts today, who hails his innocence from the the tape was removed from Sian's mouth so confines of prison. she could answer questions—sex questions so Sian was not the only victim. Sian's disgusting and perverse that the current parents were denied the joy of watching their censorship laws would not allow them to be 12-year-old daughter grow to womanhood. published in any forum outside a court of law. They were denied the joy of sharing birthdays, Valmae Beck and Barry Watts then proceeded Christmases, Easters or just family outings with to sexually molest Sian, a 12-year-old her, because Valmae Beck promised Barry schoolgirl who should have been home having Watts sex with a blond-haired virgin. The dinner with her family. victims do not stop there. The impact on While Sian's parents are pacing the communities is far too extensive to detail in house worried sick for their daughter's safety, Parliament, but we know that it exists. I know Sian was being raped and sodomised. This that even the most well-intentioned and was such a deliberate act that Barry Watts and vigilant communities, whether through local Valmae Beck knew, like any criminal does, that government, the Federal Government or State the evidence should be disposed of to conceal Governments, cannot promise a crime-free their connection to the crime. environment. The ill-informed and ill-conceived social agendas of some of the factions of the Mr Feldman: You should stop there. Labor Party have seen to that. However, as Mr KNUTH: For the sake of Parliament, I members of Parliament we can promise and cannot really repeat what happened. The commit ourselves to ensuring that animals like victim in this case was not an innate object, it Beck and Watts are never allowed to share the was a 12-year-old schoolgirl, Sian Kingi, a freedoms that they so deliberately stole from human being. Barry Watts and Valmae Beck Sian and her family. disposed of the evidence by brutally murdering Mr Paff: She changed her name. the 12-year-old girl—an act so distasteful and so brutal that Valmae Beck locked her dog in Mr KNUTH: That is true, she did change the car to prevent the dog from witnessing this her name and I can let the House know that gruesome act. she is trying to get parole right now. The pain was finally over for Sian, but her I ask honourable members to share a mother and father had to wait another three quiet moment with Sian and allow their weeks before their worst fears were realised. consciences to vote in support of the Bill. But their worst fears would not have prepared Many members present tonight may not have them for the way in which their 12-year-old experienced a death in their families. Indeed, I daughter's life was stolen from them. When pray that no-one does soon, but the day will Valmae Beck and Barry Watts were finally come when one of us will. I ask all honourable arrested, Queensland witnessed members to consider the grief that they will unprecedented public protests outside the experience, which is the grief that many Noosa courthouse—normal, everyday people mothers, fathers, sisters, brothers, husbands who found the crime committed on Sian and wives are experiencing today throughout unacceptable and at the highest level of Queensland. As I said before, one of my own abhorrence. family members was murdered not more than two weeks ago. I ask the House to consider The clear message is that we do not want the pain and the suffering that families these animals, and animals like them, as part involved in such crimes have to endure and of our society. One would expect Barry Watts how, for the rest of their lives, they will miss and Valmae Beck at this stage to display someone they loved because of the some remorse considering the crime that they animalistic acts of some human beings who committed. However, this was too much to have no consideration for life. ask. The only remorse shown by Barry Watts and Valmae Beck was the remorse of being This Bill has nothing to do with the caught. This is supported by the words of perpetrators of small crimes. It is about people Watts to his wife, and I quote, "Nice"— who commit crimes to satisfy their own sick lust expletive—"wife you turned out to be dobbing and sin. That is what we have to consider. I 10 Mar 1999 Corrective Services and Penalties and Sentences Amendment Bill 491 would never support a Bill that would lock up New York has will decrease the murder rates in perpetrators of minor crime for the rest of their this country. Secondly, the culture of the lives. However, I do support locking up the United States is completely different from our animal-like criminals who commit horrific crimes own. For example, most of the people who are in our society. Enough is enough. I ask arrested in downtown LA or New York are part honourable members just this once to forget of the underclass. In Australia, we pride about political loyalties and exercise a ourselves that we have proper safety nets: we conscience vote. have social security, free hospitals and free Hon. J. FOURAS (Ashgrove—ALP) education. We do not want to marginalise (9.02 p.m.): My contribution on this Bill will be people and create an underclass. Can brief. I rise to speak because I did not want to honourable members imagine if we attempted be a member of a Parliament that has before to introduce a zero tolerance policy in our it such an ill-conceived piece of legislation culture? We would be jailing people for minor without expressing my disgust at what is a crimes and marginalising them in such a way bizarre and stupid proposition. that they would become major criminals. To suggest that a zero tolerance policy and the I refer to the two former members of One American nightmare can be transported to Nation who have spoken tonight. It is Australia resulting in meaningful outcomes for interesting that a month before the last this country is absolutely ludicrous. election, their then leader Ms Hanson announced her new tough policy on crime in The member for Tablelands said that the Courier-Mail. She said that under tough American States are getting rid of the parole law and order policies Queensland judges system, and he implied that that was would be sacked for giving lenient sentences. wonderful. Judge Carter said that criminals are She said that mandatory sentences for serious released with supervision as part of an overall offences and new secure jails would all form rehabilitation process. He further stated— part of a policy that would again make people "There can be nothing more safe in their homes. She said that if a judge dangerous for the wider community than sentenced a person to six years, they would to release suddenly, unsupervised and serve six years in jail. The two former members subject to no controls at all, the serious of One Nation support the shadow Attorney- offender who for, say, the past 10 years General's legislation, but they call it truth in has lived only the life of the prison." sentencing. They have not been fooled by the That is true. The idea of parole is to allow shadow Attorney-General's addition of a parole people to rejoin society step by step. The period to this legislation. Attorney-General made that observation very The member for Tablelands, who clearly in his speech, and I will not repeat it. unfortunately has left the Chamber, Those opposite who have been in public challenged members of this Chamber to life for a short time talk about paranoias and debate New York's zero tolerance policy, which conspiracy theories. If I was the Deputy Leader has resulted in a reduction in the rates of of the National Party, I would be concerned by murder and violent crime. One should look at the company in which I find myself in my the culture of New York in the early nineties attempt to play up to the fact that One Nation when the zero tolerance policy was introduced. won a very big vote in the last election. If that In the early nineties, if a person was stopped is the case, he is misreading that big vote. in a New York street by a policeman for a People were dissatisfied with economic minor crime, the prospects were very high that matters. They were dissatisfied that there was that person would be guilty of a greater no job security. They were dissatisfied that the offence—he might have been in possession of top end of town was doing well and they were an illegal firearm or drugs while on parole or he not being listened to. They were dissatisfied might have been in breach of a custodial because the major parties were perceived to order. By arresting that person for a minor have failed them. That is why people voted crime, it is highly possible that he was that way. It has nothing to do with press prevented from committing a major crime. releases like the one from Pauline Hanson that Let us look at the Australian situation with refers to sacking judges. What sort of society regard to murder. Who commits murder in would sack a judge because it did not agree Australia? Generally, people do not shoot with his opinion? Montesquieu would turn over strangers at random, as happens in New York. in his grave. The concept of the separation of In Australian, often people are murdered by powers is alien to these people. The whole intimates or acquaintances. It is ludicrous to idea of Government is being turned on its suggest that a zero tolerance policy such as head in a preposterous way. 492 Corrective Services and Penalties and Sentences Amendment Bill 10 Mar 1999

I conclude by reading some statistics that violent criminals being released from jail and were released today by the CJC. Let us look at posing a threat to the community because what those signposts indicate for our society. they came out totally unsupervised and angry. Firstly, recorded crime rates in Queensland He had to devise a way of having them serve have been stable at about the national their full sentences. average. There is no crime wave in I am pleased to have made my very brief Queensland. However, as at 30 June 1998 contribution today. The member for Tablelands Queensland had the highest adult wanted to be heard. It saddened me to hear imprisonment rate of any Australian State. We how bizarre, ill-conceived and outdated his can be proud of that! We have had a ludicrous views are. When the next speaker from the law and order auction in our State. We have Opposition—the honourable member for 60% more prisoners per capita than does Crows Nest, who is looking quite sanguine Victoria. Kennett must be laughing. We do not about it all—reads Hansard he will know how have to spend any money on interest wrong he was, too. I oppose this legislation payments—he is paying quite a lot—but we very strongly. are going to pay a tax on prisons; the prisons budget is more than doubling. It costs a lot to Hon. T. R. COOPER (Crows Nest—NPA) create prison cells. Prison overcrowding is a (9.13 p.m.): The contribution of the member major problem. As at 30 June 1998, the prison for Ashgrove epitomises the argument from occupancy rate had reached 124%. That also the Government side. They are always a makes it difficult to conduct rehabilitation worthy opposition in that they are always willing programs and all of the other programs that to defend their ideological position, and I we need in prisons to help people fit back into understand that. They take the soft line on society. crime. They always have and they always will. Thankfully, I speak from experience. Rightly or The other interesting statistic relates to wrongly, I have had 10 years' experience in parole. Community corrections boards granted the business of law and order. fewer applications for supervised release, despite an increase in the number of prisoners Mr Fouras: Do you support zero in Queensland in 1997-98. That serves to tolerance? show what happens when our parole board is Mr COOPER: I will come to that. The criticised, a gun put to its head and its member had his go. I will have mine, and I independence removed. Corrective Services intend to take every moment available to me. I Minister Barton should be congratulated on will not listen to the honourable member; I saying publicly that he will return the parole have already listened to him. I wish to go on board to its independent status. with my contribution. We are now seeing the outcome of the I will admit freely that when I first came law and order auction in Queensland. Earlier into the Ministry back in 1987 I was a today, when discussing the legislation on the greenhorn in relation to Corrective Services. I protection of children, I said that the legislation had never been inside a jail before. Before I in this Parliament today was ahead of that in was sworn in, I went into Boggo Road to close any other State of Australia. We are providing the black hole. If members go back a little in the legislative regime to enable our time, they might recall that occasion. We had departments and communities to function some difficult decisions to make. We had a properly. However, that needs to be resourced. rotten system in place in 1987, and we Is it not a shame that in this Budget we will recognised it as such. We initiated the spend $178m or thereabouts on building Kennedy review to pull apart the prison system prisons? We are going down the path of and put it back together again. In the 10 years seeing who can be tougher on crime. since that time, a lot of very good It saddens me that commonsense is not developments have taken place. I have prevailing. I am confident that this legislation learned a lot of lessons over that time. I admit will be defeated. Ultimately, we are seeing the freely that I wanted to learn about this area. I attempted import into Australia of the learnt also that the moment we go soft on American ideology on truth in sentencing. Mr them—the moment we go weak—they win. Springborg suggests that after prisoners have Every member in this place has a served their 10 years in jail they may serve up responsibility to put in place laws that protect to five years on parole. What a ridiculous society. That is our job. Our job is not to make natural justice concept that is! We will see not excuses for the criminals to be able to let them only truth in sentencing but sentences upon out earlier so that they can commit more sentences. The shadow Minister knew that he crimes. Our job is to protect the people. I make could not justify the fact that we would have no apologies for that whatsoever. However, 10 Mar 1999 Corrective Services and Penalties and Sentences Amendment Bill 493 that has to be done in a balanced, moderate Mr Fouras: Why didn't you bring it back in and sensible way without going overboard. We again when you won last time? have to drive that line. Mr COOPER: For a former Speaker, the From 1987 through to 1989 I went from honourable member shows an appalling lack the portfolios of prisons to police. Afterwards, I of knowledge of the rules of this House. I did went into the Opposition and then back into not say "you", I said you were part of it. Your Government in the same roles. I found that Government let them all out. That was the after 10 years one can get typecast in this job. difference between the two Governments. We I felt that it was far better to move on to wanted to do something about putting the big something else. I think my 10-year contribution pushers away, not the little fellow on the street was worth while. I will not back away from who was using it. There is always someone anything that we did in that time. However, we who is going to make a quid out of this. They can always learn from experience. do not care if they kill people. We put them The member for Bundaberg said that she away for life and you let them out. That is the believed people who commit serious violent stark difference between the two crimes against the person should be put away. Governments. That is exactly what this legislation is saying. I would rather move on to something else, Mrs Nita Cunningham interjected. because I want to go through a lot of the Mr COOPER: It is saying that people things which we did over time and which still should be put away for committing serious stand the test of time. The Minister for Police violent crimes against the person. That is and Corrective Services now knows that I am exactly what we are on about. Truth in right. We have a very strong belief in what we sentencing is not applicable across-the-board are doing. Unfortunately, he is ruled by the to every single person. That is the difference ideology of members opposite. I will come to between us. I agree with the honourable that in a moment. member; I think this is just for those offenders I just want to touch briefly on some who commit serious violent crimes against the practical examples. I have enjoyed every bit of person. Those are the offenders from whom the experiences I have had; I know that we people want to be protected. I could not agree have made a mark and that others will have to with the member more. The major difference is follow in our footsteps. Punishment for juvenile that when we left office in 1989 we had what crime concerns most Queenslanders. I have we called mandatory life sentences for big examples from towns in my electorate, and drug pushers. The courts put 19 offenders many other members, especially those who away in jail for serious drug pushing, and in live up in the bush, would want to talk about 1990 and 1991 you let them all out—all except similar examples themselves. At the moment, Hector Hapeta. for instance, we have a spate of juvenile crime Mr Fouras interjected. in Oakey. A number of people who work in or own shops have come to me for advice and Mr COOPER: I am not referring to you; I assistance, especially in the town of Oakey, am referring to your party and your ideology. which has a shopping centre called Kerrytown You let them out; you turned them loose—— and another one called the Tucker Box. These Mr Fouras interjected. people have made complaints about juveniles Mr COOPER: You did. The record shows constantly breaking and entering their shops that clearly. That is the difference between the and shoplifting from them in broad daylight. two Governments. You let them out; we put Ms Struthers: These kids haven't got them away. You abolished mandatory life jobs. sentences. If you want an example of the difference between the two Governments, I Mr COOPER: The member mentions that point out that you supported letting them back they do not have jobs, but does that out into society to push drugs on our kids, and automatically mean that they should just go you should be absolutely condemned for it. and commit crimes? I know exactly what she is You cannot—— saying. The member for Archerfield is on the record as saying that, if young people do not Mr FOURAS: I rise to a point of order. The have jobs, they should go out and commit member for Crows Nest has misrepresented crimes. I happen to disagree, and so do the my position. I am personally offended by it. I people of Oakey, because they are sick and ask him why he did not reintroduce mandatory tired of these brats—these uncontrollable sentences for crimes. juveniles of 15 and 16 years of age—robbing Madam DEPUTY SPEAKER (Ms Nelson- people blind. Honourable members will hear it Carr): Order! There is no point of order. all around the State. People are sick and tired 494 Corrective Services and Penalties and Sentences Amendment Bill 10 Mar 1999 of these brats—these juveniles—whose age. It starts with parenting. It starts from the parents should control them but who obviously day they are born. do not, going out there and doing exactly what I also want to say that about 98% of kids they like. Members of Parliament are sick of it. are good kids; they are tops and we can be The people are sick of it. After talking to the proud of them. It is the only 1% or 2% who set legal section of the police department, they that bad example. They are the ones who are are sick, too, that there does not seem to be causing a heck of a lot of trouble, angst and much they can do under the law. Even anxiety out there in the community. We must citizen's arrests are in doubt because police band together to stop them making it worse for are not sure whether members of the everyone else. Surely the member for community can go out and make a citizen's Ashgrove has had some experience of this. I arrest. cannot understand him pontificating all the Juveniles will go out and pinch anything time in here on the side of the crim, saying they like off the shelves, walk out the door, that things must be easier for them. give the staff the "two to the Valley" sign and Mr FOURAS: I rise to a point of order. I say, "see you later", and out they go. find that remark offensive. I am not on the side Shopowners and their employees ask, "What of the crim all the time, and I ask the member can we do?" Some police say, "There is nothing we can do." Rubbish! There is always to withdraw that. It is just a joke. something people can do. The first thing they Mr COOPER: I will withdraw it. should do is ring the police. The second thing As far as truth in sentencing is concerned, they should do—and they are allowed to do we started at 50% of sentence; we moved to this—is follow them. The third thing is that they 80%. We are fully aware of the fact that that can take photos of them. If they know them will cause overcrowding in jails. We know that and can describe them to the police, that is and we made allowances for that. That the action they should take. That is the action I provision is not retrospective. The next move is recommend to people; otherwise it is going to to go 100%, and most of the people out there turn nasty. The community has had enough. in the community agree with that. There is no John Wilson of Kerrytown and Terry question about it; the Government can put Campbell of Tucker Box are two classic them to the test any time it likes. During the 28 examples of what is happening all around the months that we were in Government, we put State. Honourable members must be hearing 2,000 extra criminals off the street into the of those experiences. If they are not, they prison system to protect society. That is exactly have not been living in the real world. It is what our job is—to protect society—not to put happening all the time. That is the sort of thing all this emphasis on them going back—— that people are sick and tired of. I do not want Ms Struthers: What about money? to see things get out of control. I do not want to see the time come that people take the law Mr COOPER: The member talks about into their own hands because, if they do, it is money. I point out that in the last Budget the going to get really nasty. We must support our coalition increased the Corrective Services police out in the community. We have given budget by 45% and the Capital Works them pretty extensive powers to be able to do Program by 113%. The Police budget went up their job. 8%, 9% and 10% in the three years we were in Government. They were massive rises— As has been said here before, massive increases in numbers—in order to magistrates have a job to do and some do it, protect society. That is what we were doing. but others are pathetic. Some are even more They have never before had that much pathetic in their treatment of juveniles; some money. The main thing is to make sure it is keep turning them back onto the streets. spent properly. Honourable members hear it every day: the police are constantly arresting and charging The member for Ashgrove also ridicules juveniles but the magistrates let them out. The zero tolerance. I would not ridicule it; I would juveniles commit further offences. After about look at the experiences in other places, such five or six times, a magistrate might end up as in New York in the United States. Those putting them into the John Oxley centre or the people have had a darned sight more Sir Leslie Wilson centre where they belong. By experience than we have. It is better to listen the time they get there, they are so tough and to them and learn the tactics they use. I do not hardened that it is very difficult for them to agree with John Howard on a lot of things, but change. All of us must start doing something at least he had an open mind to look at other about these juveniles at a much, much earlier ways and means of handling crime. As far as 10 Mar 1999 Corrective Services and Penalties and Sentences Amendment Bill 495 handling crime is concerned, zero tolerance service. He produced 197 recommendations to should not be thrown out. revamp the Queensland Police Service. Nearly Mr Foley: Do you agree with him on the every one of those recommendations was GST? implemented while we were there in order to make sure that the Queensland Police Service Mr COOPER: I know that the Attorney- had all the up-to-date technology that it General is in the same mould of being soft on needed. We brought about the police crime. I think that is unfortunate. renaissance—which I think the Government The sad part is that responsibility for has dropped, which is a pity—to increase their juvenile detention centres has gone back to training in technology so that they have and the Department of Families, Youth and are fully au fait with all the tools to do the job. Community Care after we put it into the We introduced the police powers Corrective Services area. We believe that there legislation. Talking about community was a lot more discipline and strength there, consultation, we went around the State and it should have stayed there. Members consulting on the Police Powers and opposite should go back to Anne Warner, Responsibilities Bill. We went to at least 10 back when Westbrook blew up when the riot major centres. We took the Opposition was on. We converted that facility to an adult spokesman and the civil libertarians. We took Corrective Services institution. It has worked every single person who wanted to be there to extremely well ever since. Because it was so get an understanding of what the people were weak, in one year 109 people escaped from saying. In the end, we all agreed with all of the the John Oxley centre. There was a revolving police powers that we put in. Every single one door with a zebra crossing outside carrying the of them is now in place today. The police were sign "Prisoners Cross Here". They were waiting since 1982 for those powers, and they escaping all the time. Now this Government got them so that they were able to do the job, has gone back to that. That is the tragedy of it. which is what we want them to be able to do. It is the old Socialist Left—the loony There are monitors there. We know that. The Left—looking after the young crim. That is Public Interest Monitor is there to make sure what we think is so sad. that police do not go overboard. We do not I just want to go through some of the want to see that. Either way, I have always balanced approach that we took. We said everything must be done in moderation, recognised that crime prevention has to be a but the moderation has to be in favour of the massive part of the equation. We put those community. Honourable members should not initiatives into place. We started off with the forget that they are the people we are trying to crime prevention partnerships. They were new protect in the long run. and they should be encouraged. I do not want A big issue was parent education, to see the people opposite abandon those. particularly in relation to drugs, because a lot They must work them. They must cultivate of parents would not know whether their kids them. They must make them work by getting are on drugs. I would not. I would not be able the community involved in crime prevention. to tell whether or not they were on drugs. A lot The people in the community know better than of people simply do not know. Parents need we do about crime prevention in their own education so that if they are, they can do areas. We started off those partnerships and something about it. Parents would love to do we had started to expand them. that, if only they knew. That coalition initiative The school-based constables is another was on the board. I think the Labor Party has one. It is a brilliant scheme and is working bushed that initiative as well, which is tragic. extremely well; members opposite can ask any Those are the sorts of things we need. We person in the P & Cs, the school teachers or need massive education about drugs, as to the kids. The police themselves know that they what is right and wrong. If we only put those are good, sensible, strong anti-crime measures things into play, I am certain we could do a lot that must be continued. We did so much for better than we are. the Neighbourhood Watch Program. They can What worries me so much—I can see it fall very flat sometimes. They need plainly, even though I have left the portfolio; I rejuvenating from time to time. Those know it through all the experiences I have programs cannot just cruise along every year had—is that we are going back to the past. It and not be revamped to some extent. worries me deeply because we will have to We knew also that we needed to have a start all over again. If we go back to being soft revamped Queensland Police Service. We on crime we will get more crime. I think that is appointed Sir Max Bingham to look into the absolutely tragic. 496 Corrective Services and Penalties and Sentences Amendment Bill 10 Mar 1999

I have talked about police numbers. The the sort of legislation passed by the Borbidge Borbidge Government increased police Government and that are now being reflected numbers and the Labor Government is in this private member's Bill. It is also reflected maintaining them. We will keep an eye on the in the speeches of colleagues who are either Government to make sure it maintains those Independents or members of One Nation. numbers. I believe the establishment of the It is interesting that the members sitting Crime Commission was absolutely necessary on the Government benches today came to in order to deal with the issue of paedophilia power with one of the lowest votes ever for and major incidences of crime and so that Labor, yet they are in Government. police have the powers to be able to do their job. A lot was done in the area of senior Mr Schwarten: And you got Labor citizens. Our aged people are always a target. preferences to get you up! We need to have in place something to Mr LITTLEPROUD: I sure did. That is protect them and make their lives at least pretty irrelevant, because a lot of Labor reasonable. members would not be here if they had not As I said, I think crime is caused by a been helped along a little bit, either. minority—I think we know that—but we should It is a matter of listening. Those opposite not turn a blind eye to crime and go back to can follow ideology and say that the people saying that we will look after people in jail by should not be listened to and that we know saying that they must have parole. I think a lot best, or they can go out and listen to the of rehabilitation has to be undertaken whilst people. They will tell members opposite that offenders are in jail. While they are in jail they we have to fix things up. The penalties and are where they need to be in order to address sentences legislation introduced by the the problems they have. We are talking about member for Indooroopilly when he was those who are involved in serious violent crime. Attorney-General toughened things up again I cannot see how or why anyone would want to after they had been relaxed under the Goss oppose that. We are not talking about normal, Government. Now we are going down the track run-of-the-mill crime, which is bad enough. We of relaxing things even further. We responded have to put serious violent offenders away and to the messages we got from all those protect our society. That is what people want. community meetings we held across the I will mention briefly school-based length and breadth of Queensland. We talked constables and crime prevention partnerships. about juvenile justice, about drugs and about I think those are the two things that will do an violent crime. Tonight we are focusing on enormous amount as far as our students are violent crime. concerned. We have talked about parent I owe it to the people of Chinchilla to education, which is vital, and about our kids speak tonight. About two weeks ago the courts and our teachers. Those things are working finally made a decision on the case of a young well. I have heard rumours coming from the lady who originated from Chinchilla, Jenny Government side that it is going to start Black. She lost her life somewhere near a bushing and downgrading crime prevention nightclub at the Riverside Centre. Her body partnerships, but they are the way to go. The was finally found in the river. I was initially whole community becomes involved. They contacted last week when the decision was involve society. Local people know their own handed down. The decision of the court was patch, be it Oakey, Logan or anywhere else. manslaughter and the culprit was sentenced to They know where things are worst and they 11 years' jail, with parole after four and a half have ideas and initiatives that can make a years. He has already spent two years in jail. difference to crime in their areas. The family contacted me and I have been Time expired. contacted by more people in the community Hon. B. G. LITTLEPROUD (Western since I went home for the weekend. I owe it to Downs—NPA) (9.33 p.m.): I am pleased to the people of Chinchilla to put the case follow the member for Crows Nest in this tonight. debate. He spoke about his experience in the This is ironic. The crime was committed portfolio of Police and Corrective Services. He when the legislation enacted by the Goss did not tell the House that he was also part of Government was in place. The judge found a coalition committee that travelled around the that the crime was manslaughter and he has State. He, along with the member for given the sentence accordingly. If the piece of Indooroopilly and I, travelled from Cairns to the legislation the Borbidge Government brought Gold Coast and inland to Toowoomba. We in had been in force when the crime was picked up the messages that are reflected in committed, the same offender would have 10 Mar 1999 Corrective Services and Penalties and Sentences Amendment Bill 497 served 80% of his sentence, because it was a staff as they walked through the prison. That is violent crime. all about management of prisons. If the The family and the community of prisoners are getting away with a bit—the Chinchilla point out to me that the lady's body member for Crows Nest talked about them showed that she had been tied by a rope to a being in charge if we go soft—suddenly they very large piece of wood and dumped in the are in charge. I think the argument of the river. One would have thought that action was member for Bundaberg lacks substance. I am premeditated. The person charged was found more convinced that it is about the to have pretty severe scratching to the face. I management of the institution than about the cannot say much against the judge, but the incentives of remissions and parole. I will put people of Chinchilla are asking how the aside that particular argument. dickens it can be accidental killing when the girl The other argument that I want to rebut is defended herself to that extent. that put forward by the member for Ashgrove. When I explained to the people of During his dissertation, he said that we have Chinchilla that the legislation the Borbidge too much overcrowding in Queensland prisons. Government put in place would have kept the Then he seemed to relate that to how we offender in jail for at least 80% of his sentence should not put violent criminals in jail for so and after that he could have gone on parole, long. I rebut that by saying that, yes, with they said that would have been better. I told people like fine defaulters, drug users and them that the piece of legislation currently people who are convicted of lesser crimes, we being debated relates to offenders serving have to be smarter in how we go about 100% of their sentences. They showed a fair correcting them. But in terms of this legislation, bit of support for that, so I owe it to them to we are talking about people who commit make that comment. violent crimes. Having said that, I will comment on a I notice that the member for couple of things said tonight during the Rockhampton is moving back to his seat. He is debate. First, the member of Bundaberg part and parcel of a program that is trying to insisted that it is well known that unless there is improve the security of old people and some sort of reward system in the prison pensioners in their homes. We all applaud system it simply will not work. So she was that, because that is addressing a concern. saying that there need to be remissions and People are concerned about their safety. They parole; otherwise, the system will not work and are concerned about violent attacks on all hell will break loose. themselves. This legislation is about targeting those people. I have been a member of the corrective services committee. I have been a shadow The member for Ashgrove is right in Minister for Corrective Services. I have saying that there are too many people in travelled to and visited prisons in South prison and that those people are the fine Australia, Victoria, Tasmania, New South defaulters and others who have been Wales and all the prisons of Queensland. I can convicted of lesser crimes. We can find ways tell the honourable member for Bundaberg around that. But I say to the member: please that I think standards are more about the way do not argue that, because we have too much the prisons are managed than about the overcrowding in prisons, we should go soft on incentives being held out. the penalties for violent crimes. At the time, I was amazed that the I believe that the sentiments expressed Queensland prisons seemed to display mutual by the community of Chinchilla over the past respect. The prisoners were being treated with two weeks are pretty indicative of what is felt respect by the people in charge of the prisons. generally right across Queensland. I have The prisoners also knew that they were paying travelled throughout Queensland and have a penalty. They were not trying to make deals listened to people speaking about these for things that they wanted. They knew that problems and talking about the solutions. We certain things were expected of them. This on this side of the House are about trying to situation varied across Queensland prisons, introduce legislation that the people want. but some were excellent. The people in charge Members opposite seem to be bogged down of the institutions also knew that they had a in dogma. They have just recorded one of the job to do. lowest ever votes for the Labor Party, so they Prisons across Australia varied should think again, because perhaps they are remarkably. I think the worst prison I went not right at all. through was Pentridge in Victoria. I saw Dr PRENZLER (Lockyer—ONP) unbelievable personal abuse of visitors and (9.41 p.m.): One Nation's policy and 498 Corrective Services and Penalties and Sentences Amendment Bill 10 Mar 1999 philosophy have supported truth in sentencing know that the consequences of their actions almost since our inception. We have said will cost them very dearly. The financial cost of many times that 10 years should mean 10 this should not come into the debate. I have years and that life should mean life. Truth in heard that mentioned a number of times. sentencing not only serves as a deterrent to When over half a million dollars to renovate a would-be criminals but also provides the ministerial office is "well within an allowable community—and this is the important expense for such a purpose", surely, by part—with the safety they deserve and comparison, expenditure on ensuring public ensures that offenders receive appropriate safety is negligible. punishment. One hundred per cent truth in Already in this debate we have listened to sentencing is not only simple but it is also members on the Labor Party's side of the logical. Chamber make excuses for criminals: "What if The legal system currently confuses most the criminal is a good person who just ordinary people. The way in which sentences happened to get involved in drugs and then are handed down leaves them somewhat just happened to commit some ghastly crime? baffled. Why sentence someone to 15 years in But it was the drugs that made him do it, and jail if we intend for them to be out in 10? the poor criminal should not be disadvantaged Where is the logic in this? The public has had because of that." Has anyone ever heard of enough of the Government's soft-touch responsibility? That person chose to take the attitude with criminals. If people are law- drugs, then chose to break the law, and that abiding citizens, the Government will make person should be made to take the them work hard, then take most of it off them responsibility for his or her actions and suffer to spend on whichever minority group it can accordingly. buy votes from; it gives them no breaks whatsoever and then kicks them in the teeth at Mr Pearce: You haven't lived, mate. the end of the day—if it can still find a way of Dr PRENZLER: I have not been on many doing that. But if people belong to a minority picket lines, either. group, they will receive extra help. If people The Labor Party is quick to jump to the are dole bludgers, the Government will look defence of those who break the law, but rarely after them. And if people commit a crime, the ever mentions the victims of crime. What Government will feed them, clothe them and about those innocent law-abiding citizens who provide them with sporting equipment, videos, did not choose to be raped or beaten or computers and even an education. They will tortured or murdered, such as a number who be accommodated in airconditioned luxury have been mentioned here tonight? What sort while our schoolchildren toil in sweatboxes. of sentence do they receive? I do not think While some are being thrown in jail for they get off early for good behaviour. They do crimes which can be punishable by other not get the luxury of free sports equipment, means, criminals who commit disgusting, education, etc., and they do not get the luxury unforgivable crimes receive sentences which of parole. Many lose their freedom for life. simply do not measure up to the crime that This Bill must be supported because it has been committed. Then they are released toughens up the existing laws. Even though years earlier than their sentences should this Bill is a direct extract from One Nation's permit. Why is it that the people who do the policy ideas, I have no problem in supporting wrong thing seem to be let off the most lightly? good legislation from any party that presents it. Quite simply, if someone commits a crime and One must give credit when it is due, and the is sentenced to a specific time in jail, then that coalition deserves applause for its stance on sentence should be upheld; it should be increasing the toughness on crime. served in total. Whether or not the sentence is Unfortunately, this Bill does not go all the way for life, for seven years, for 15 years, 20 years in ensuring complete truth in sentencing. It or whatever, the entire sentence should be allows prisoners to be eligible for parole and served with no exemptions—bar a pardon. It is home detention after 15 years. One hundred about time that we stopped playing with this per cent truth in sentencing should contain no issue. The time has come to reverse the parole or home detention allowances at all. "protect the criminal and to hell with the victim" mentality that seems to be pervading our Mr Pearce: That's right. Turn them out in thinking today; it has developed in this country the streets so they can go and do it again. and very much so in this State. Dr PRENZLER: I ask the member to wait. Queenslanders need some security. I will get to that. If a criminal is sentenced to 25 Victims and their families deserve justice, and years in jail, that person should serve 25 years people who commit these crimes need to and no less. One hundred per cent truth in 10 Mar 1999 Corrective Services and Penalties and Sentences Amendment Bill 499 sentencing is the only way. It is fairer, more man. He takes direct action and says, "If they just and more sensible all round. Under this want to starve, let them." Bill, that person will be eligible for parole and One Nation fully supports truth in home detention after 15 years. We realise that sentencing—100%. Our policy is, and always there are reasons for this. However, we will has been, that if an offender has committed support this Bill because it is commonsense the crime and is sentenced to 20 years in jail, legislation which is in the best interests of then 20 years in jail he must serve—100%. Queensland, and it does strengthen the This amendment Bill introduces some positive current laws. changes and goes part of the way towards In the absence of capital punishment, addressing the incredible social inequity which truth in sentencing is necessary for serious puts the rights and the treatment of criminals violent offenders and should, in fact, exist for above those of the victims. all offenders. Perhaps if the sentences were My simple question is this: why does the tougher and less flexible, and the Government current legislation not require criminals to serve stopped making excuses for crime, potential 100% of their sentences? No matter what the criminals might think twice about the crime, if a criminal is sentenced to serve 10 consequences of their actions. years in jail, then 10 years is what he should This Bill is to introduce truth in sentencing serve—not one day less. for serious violent crimes, not for the normal Let us talk about something close to the run-of-the-mill type of things that happen. It bone for members on the other side of the allows for home detention, parole and leaves House. A former Labor leader was found guilty of absence and allows for sentences greater of one charge of indecently dealing with a girl than 15 years, including life, to be eligible for under the age of 14 years, four other counts of all three of those options after 15 years. So indecently dealing with a girl and one count of that puts down a few of the Labor Party's rape. This man was a clever and mature man arguments. It also introduces a community- of some 41 years when he started to pursue based assessment of prisoners after release and manipulate this child who was under the for a minimum period of six months up to five age of 14 years at that time. He was also a years, depending on their behaviour while in Baptist lay preacher and a campaigner against jail. I urge all members of this House to child pornography. Let me also remind support this Bill and, in doing so, to support members opposite that this man was the the victims of crime, not the criminals. Leader of the Labor Party, a man in a position Mr DEPUTY SPEAKER (Mr Mickel): of trust and responsibility in the community. Order! I call the honourable member for He was convicted and sentenced to eight Caboolture. years in jail but served only five years before A Government member: This will be he was released on home detention. Five good. years! A man convicted of child rape and five Mr FELDMAN (Caboolture—ONP) counts of indecent dealings with a young girl (9.50 p.m.): It is bound to be good. I thank the had to serve only five years. What happened member very much for that. I appreciate what to the other three? I might remind honourable he said before—that I am a lecturer. members that he served only five years because he decided to admit what he had Firstly, let me commend the coalition for done and partook of a little bit of what was putting forward the Corrective Services and called rehabilitation in the jail. What happened Penalties and Sentences Amendment Bill to to the other three years? It is not right. It is not address one of the major flaws within the fair to our society that a man in this position current Corrective Services legislation, that had to serve only a pitiful five years for the being a toughening up on criminals and their pursuit, molestation and rape of a girl 27 years sentencing. At this point I would like to his junior. Where was the justice? commend the previous Minister for Police and Corrective Services, Mr Cooper, who spoke Eight years should mean eight years. "If earlier. He is one of the more admired Police you do the crime you do the time." This means Ministers from the past and had a lot of all of the time, not just some of the time support within the service. because the prisoner decided to behave himself whilst in custody. These people who Mr Pearce: We know that. commit crimes play the legal dice roll. The Mr FELDMAN: He certainly did. When Criminal Code says 10 years, case law says prisoners decide to burn down their prisons five years, remissions make it three years and and prisoners decide to go on hunger strikes, good behaviour might make it one year. Soon there is no softly, softly approach from this we might owe these criminals time. The 500 Corrective Services and Penalties and Sentences Amendment Bill 10 Mar 1999 recidivists might gain credit points for crimes in the police delivering the death messages. It is the future. Criminals will soon be chalking up the police comforting the next of kin. No-one credit points for future crimes. feels the victims' pain more than the police. By Special treatment for criminals must stop. ensuring that criminals serve the entire length If a person could not behave himself and do of their sentences, criminals would be forced to the right thing while he was in the community, think about their actions. They would have why should he get special treatment when he plenty of time to decide whether their decision is locked up? It just does not make sense to to commit the crime was really worth it. Was it anyone, least of all to us over here. After all, worth losing 10 to 20 years of their lives? This criminals are locked up for a reason—as a is 10 to 20 years during which they have to sit punishment for breaking the law and to there and think about their actions over and remove the threat they pose to society. I over again. reiterate what has already been said: it is up to After all, this is what rehabilitation should us here in this Legislature to protect society be about. It should be a matter of thinking from serious violent offenders. about the crime, thinking about the sentence, Let me refer to another example that and thinking about what should be done. It absolutely sickens me. In 1997, a 19-year-old should be about ensuring that criminals realise male anally raped a four-year-old girl in her the consequences of their crimes and own bed while her five-year-old sister deterring them from re-offending. Does witnessed the ordeal. The girl's parents were rehabilitation not also mean removing an asleep in another room. Brian John Daphney offender from society, correcting his antisocial pleaded guilty to his crime and was sentenced attitude and then releasing him back into to 15 years' jail. society when he is no longer a threat to his fellow members of society? Dr Prenzler: How many years did he serve? I often wonder whether the people who Mr FELDMAN: I will get to that. He is still passed the current legislation really considered there. This sentence may have given this the outcome of their actions. What about the devastated family some relief by seeing justice innocent victims who were forced into a served when this child rapist was sent to jail, situation that was out of their control? Were but can honourable members imagine their they considered? Too often the victims are disgust and horror when they discovered—and ignored, and too often the criminals are let off I might add that they discovered it through the too lightly. Society has said loudly and clearly, media—that this convicted offender was "This has to stop." People have supported this appealing against the severity of the sentence. Bill. Everywhere I have been people have said, Again we see the legal dice roll—over and over "This is great legislation." again. He might just get a bit less if he gets a We are in a position to make change. We good enough barrister or QC—all at are in a position to change the wrongs of Government expense. Legal Aid will pay the previous Governments. In this case the lot. How can this be allowed? A convicted coalition has the right idea but we need to be criminal who pleaded guilty to such an horrific serious. We all know that crime is a very crime has the right to appeal against the serious issue, the consequences being just as severity of the sentence. The only people serious. We have a responsibility to the people getting fat on the back of this lamb are the of Queensland, so let us be responsible. The members of the legal fraternity. The present Corrective Services system is in place for a system is built for them, and our Labor lawyer reason, and it is time for changes to be made friends on the other side of the Chamber do to ensure that the system does exactly what it not want it to change. They do not want to is supposed to do. I repeat: the system must spoil the spoils. do exactly what it is supposed to do. "If you commit the crime you do the time." Let us go to a noted criminologist, Paul There should be no appeals, no paroles for Wilson. In an article which appeared in the being a good boy—nothing. Enough is Courier-Mail some time ago he made a enough. Truth in sentencing is the right way statement with respect to violent sexual and it is the only way. Truth in sentencing offenders. He said that violent sexual would achieve many things. It will enable offenders can in no way be rehabilitated and victims to feel that justice has been adequately that, if anyone thinks they can, they are living served. It will deter criminals from re-offending. in cloud-cuckoo-land. This is not just Mr It will also aid in the rehabilitation process. Wilson's view but the view held by many noted In over 25 years of policing, I have only criminologists and psychologists not only here ever seen police looking after the victims. It is in Australia but around the world. Violent 10 Mar 1999 Corrective Services and Penalties and Sentences Amendment Bill 501 sexual offenders cannot be rehabilitated. What the oblivion of the next millennium. Under do we do with them? Labor, I can see a Bad, Bad Leroy Brown As has already been said, no longer can section of town where liberalised laws have we lock them up until Her Majesty's pleasure made prostitution the leading growth industry be known—the old catchcry at the end of the providing jobs, jobs, jobs for our daughters and Homicide show which used to make the our sons while the burgeoning boutique people in our society sleep peacefully in their brothel industry, the shooting galleries and the beds, knowing that these people would never abortion clinics abound, taking their place get back out into society. However, under the proudly in society alongside the liquor shops current system they do get back out into and the gambling dens showing the non- society. They cannot be locked away forever violent erotica that drives the desires of these and a day as perhaps they should be in the violent sexual offenders to commit the sadistic absence of capital punishment. and animalistic crimes—— Let us talk about crime—violent, horrific Mr Schwarten: You're sick. You need crime. Members have already heard the locking up. member for Burdekin talk about a crime that I Mr FELDMAN: This is your had some knowledge of and that I worked on, wonderland—— and that was the death of Sian Kingi. I will not go over the details again, but I urge every Mr Schwarten: No-one would know things member opposite to grab the transcript of that like that. You're sick. trial and read it through, the whole lot of it, and Mr FELDMAN: If the member wants to then come over here and debate with me interject, can he please go to his right seat. I whether they really think that these people will accept his interjection from his right seat. should be let out. This is not the type of community that I want to What about another noted criminal, Mr leave as a legacy for my children. This is why I Osborne? He was involved in the revolving support One Nation policy, kindly put forward door philosophy under the previous by the shadow Attorney-General as an Governments. He was let out for ratting on amendment Bill. another fellow prisoner. He ratted his way out I want the sick, violent offenders of our of jail and, one day out, two other women are society to pay their dues, to pay their time for raped. the crimes they commit. This is not the type of Mr Knuth: A disgrace! society that I want to leave for my children. This is not my idea of a wonderland; this is Mr FELDMAN: An absolute disgrace! He Labor's idea of a wonderland. I want to leave was allowed out for ratting and two other my children with a society safe from these women suffered the consequences of that. types of people, safe because I know that they This is the sort of thing that society no longer are spending their time locked away where wants. We can go back and talk about they should be. Kossaris and Thompson, the bikie bandits of the early 1980s—two strung-out druggies We can accept some of the interjections committing armed robberies throughout our from the Labor lawyers over there. They are State. What happened to those poor people in hoping that the business of recidivism will give those banks who had rifles and firearms stuck them a good living in the years to come. in their faces? Not much! These people should However, this is not what the good, honest be locked away for a long time. I would and law-abiding citizens of our community challenge any member opposite not to think expect from this Legislature. They expect about these things. As I said before, what criminals to serve their time. They expect happened to the old "until Her Majesty's criminals to do the time that is allocated. Ten pleasure be known"? Let these offenders rot in years is 10 years. This is all the good, honest the cells that were made for them. As I said, and law-abiding citizens of our community, the those words used to be some of the most community-minded members of our society, enjoyable words that I heard at the end of the want. I want to prepare for my children a world old Homicide show. No matter how horrific the in which these people are locked away and crime, I knew that I was safe in my bed. My stay locked away. This legislation is good brothers and sisters, my parents and my legislation. It should be applauded and I do friends were safe because these offenders applaud the shadow Attorney-General for were locked away, never to be released. bringing the Bill into this House, and I Under Labor, I can see a Labor commend this Bill to the House. wonderland. I can see a Sodom and Mr PAFF (Ipswich West—ONP) Gomorrah for the 20th century taking us into (10.04 p.m.): It was with great interest that I 502 Corrective Services and Penalties and Sentences Amendment Bill 10 Mar 1999 listened to the member for Warwick's second- should be quite clear to everyone who spends reading speech. I did so as this Bill introduces time among the people that truth in an issue that is quite close to everyone. One sentencing is not only what the public want but Nation has always believed in getting tough on also what they deserve. crime and 100% truth in sentencing is one of I draw to the attention of the House the the ways in which we wanted to go about fact that today I presented to the Clerk of the achieving this. The member's speech had me Parliament a petition containing 6,665 hopeful that the coalition is also responding to signatures, gathered from all over community demand and introducing, albeit for Queensland, for truth in sentencing. People serious violent criminals only, truth in deserve to feel safe on the streets and they sentencing. I was pleased that the coalition need to feel secure that justice has been fulfilled their election promise by adopting a done. Truth in sentencing is necessary in the tough stance on crime, although I was fight against crime. All members of this House disappointed to discover that their Bill caps the are aware of the necessity for a tougher truth in sentencing at 15 years. In our belief, it stance on crime. This Bill is another step in should not be capped at all and truth in that direction and it should be supported on sentencing should be 100%. However, we behalf of all honest, law-abiding citizens of this understand the enormity of creating such State. They deserve nothing less. legislation and support the coalition's efforts in strengthening the Corrective Services and Mr TURNER (Thuringowa—IND) Penalties and Sentences Acts. (10.09 p.m.): I draw the attention of the House I agree with all of the comments of the to the case of a four-year-old girl who lives in member for Warwick, the unarguable fact that my electorate. I will refer to her as Robyn, ordinary, decent, law-abiding Queenslanders although that is not her real name. deserve the protection that 100% truth in Robyn was sleeping soundly in the sentencing provides and that, undoubtedly, bedroom that she shared with her sister. At these offenders deserve to serve their entire 4.50 a.m., X, who was 19 years old, broke into sentence. I would like to take this even further this little girl's bedroom and violently raped her and suggest that 100% truth in sentencing will as her sister watched and her parents slept. X act as a deterrent to crime and that it is the pleaded guilty to the charge of rape and was only system of sentencing which, in fact, sentenced to 15 years' jail. X is now appealing makes sense. Why on earth sentence the severity of his sentence. someone to 20 years in jail if the intent is that It is my opinion that 15 years is not a long the criminal will serve only 13 years or 15 enough jail term for such an animal as X. His years? It is only sensible and logical to sentence is comparatively mild compared with sentence someone to a specific term of the life sentence that he dished out so cruelly imprisonment and for that person to serve to Robyn. In the year 2012, X is due to be exactly that term: 100% truth in sentencing is released. Robyn will turn 19 in that same plain commonsense. year—the age when most young women will As I said earlier, I was elated at the be planning their lives, with husbands and coalition's introduction of this policy—a policy children. which is not only One Nation policy but also one that we in One Nation support completely. Mr DEPUTY SPEAKER (Mr Mickel): People who commit these violent offences Order! I warn the honourable gentleman that if against our families and friends do not deserve this matter is being appealed before the court, to be let off lightly. The victims are too often what he is now saying is sub judice. victimised again due to the leniency of the Mr TURNER: We have heard of this sentence and the leniency of the punishment. matter before. That is another area where there is room for Mr DEPUTY SPEAKER: There is some improvement. We need to bring back some doubt as to the exact nature of the appeal. In justice to society: start making people view of that doubt, I ask the member for accountable and aware of the consequences Thuringowa not to proceed with this case. of their actions. All criminals should not get off scot-free with deals of home detention, parole Mr TURNER: Yes, Mr Deputy Speaker. and leaves of absence because their Mrs PRATT (Barambah—IND) mummies might miss them and they might get (10.11 p.m.) I do not stand to talk to the upset. House about events in the lives of victims of Members of this House are supposed to serious crime. I stand here as a victim. My be representatives of the people. I do not think views come straight from the heart and, that I need to speak for long on this issue. It although I will not repeat what happened to 10 Mar 1999 Corrective Services and Penalties and Sentences Amendment Bill 503 me, I support this legislation because of what I the case as it really is. Members should ask went through. them whether a sentence of 5, 10 or 15 years The cost of crime in the community is that has been handed down in the courts incalculable, but every man, woman and child really is what the perpetrator served. In suffers and feels the effects of crime. How opposing this Bill, the Labor Party has aligned many of us walk the streets at night and feel itself with the criminals. safe? How many of us can walk away from our I support the victims. It does not take long unlocked vehicles and know that all its for a child to know what is right and what is contents will be there when we get back? How wrong. My grandson is eight months old and many of us go to bed at night secure in the already he knows and understands the knowledge that the mower left outside or the meaning of the word "no". It took one sharp door left unlocked will be of no concern to us? slap on the hand to make him realise that In this day and age who, on remembering, there was no reward in continuing what he did. would not immediately get up and lock up the When a child steals from a local store, he does mower and secure the door on entering the not just bowl in, help himself and walk out as if house again? nothing had happened. He sneaks in furtively, checks that no-one is looking, grabs a handful Each time we reach into our pockets to and runs. He knows that what he is doing is purchase any items from a grocery shelf, we wrong and if the punishment does not reflect pay over and over again for the items that the crime, he does not hesitate to repeat that have been stolen from those very same crime. As adults it is our responsibility to teach shelves. Each time we buy an item of clothing, our children right from wrong. It is our we pay an extra component to cover the cost responsibility to make the deterrent strong of the item that had previously hung on a enough to make committing the offence and hanger but has since disappeared out the being apprehended and convicted very door on someone's back. Each time we pay unpalatable. an account, we pay for the vandalism that the owner of the business has had to repair. The As the Leader of the Opposition stated, cost of living in the nineties is far higher than it the fact is that a lot of Queenslanders do not ever need be. have much faith in the criminal justice system, because the people who commit the crimes Recently a convicted female criminal was are back on the streets in a very short space of being interviewed during a program about time and, more often than not, are drugs. She stated that she did not consider jail reoffending. I have often stated, and I think it a deterrent but an inconvenience, and would is worth repeating, that our courts continually continue her criminal activities once released make excuses for those who are brought from jail. This legislation may not curb the before them. How often do we hear, "The poor activities of hardened criminals, but for the first things, they were abused as children" or, time it may make them think twice. If there is a "They are the product of a divorced couple" or, possibility that only one victim is spared "They were led astray by somebody else." Lots because of this legislation, then the legislation of people have been abused, lots of people is worth it. If one person thinks twice before have been led astray and lots of children have committing their very first crime of taking an divorced parents. We do not all go out and item off a shelf, and if it stops them going commit heinous crimes. We get on with our further down the track of crime, then it is worth lives and we respect the right of others to get it. on with theirs. We talk about truth in sentencing. What is The people of Queensland, especially the "truth"? A dictionary in the Parliamentary victims of crime, are sick to death of courts Library states that "truth" is— handing down lenient sentences, they are sick "Agreement with a standard or rule ... to death of variations in sentencing and they reality ... the actual state of the case ... are sick to death of criminals having the rights the matter or circumstance as it really is." that they denied their victims. I ask that the Government start working for the law-abiding I ask members of the House to ask victims of citizens of Queensland, start protecting their violent crime and victims of abuse—ask those rights as the victims of crime and start putting who have worn the bruises and suffered the the welfare of the community before that of pain, whether it be physical, emotional or the criminal. The criminal deserves to psychological—whether they believe that the experience what he caused his victims to perpetrators of the trauma inflicted upon them endure, that is, vulnerability, violation, have indeed served the sentence that was humiliation and shame. I commend this Bill to handed down—sentences that actually state the House. 504 Corrective Services and Penalties and Sentences Amendment Bill 10 Mar 1999

Mr DEPUTY SPEAKER: I shall call the down. Nobody said that he could not address member for Thuringowa, but before I do I will the Bill. outline the conditions under which I call him. I Mr DEPUTY SPEAKER: Order! The refer to the earlier ruling that I made during the honourable member deferred to my ruling. course of the speech of the member for Thuringowa. Because of the nature of the Mr FOURAS: He deferred to your ruling appeal in the case being discussed, as I not to speak on that matter, but he could have understand it, if the matter was going to be still addressed the Bill without addressing that heard before a jury it would be sub judice. As I matter. understand it from the ruling that has been Mr DEPUTY SPEAKER: Order! My given to me by the Clerk, if the appeal is one understanding is that the honourable member against sentence only and not conviction, then for Thuringowa deferred to my ruling. it may not be sub judice. The member for Accordingly, what I propose to do to try to pick Thuringowa knows the case. Accordingly, I ask my way through this case is this: I will call the him to keep his remarks within that condition. member for Thuringowa and see whether his speech persists on the borders of or is within Mr FOLEY: I rise to a point of order. Mr sub judice. If the latter proves to be the case, I Deputy Speaker, of course I defer to your am sure honourable members will take points ruling. However, if this is a matter that falls to of order at that point and we will get the ruling be determined before the justices of the Court on that basis. Therefore, I call the member for of Appeal, I would ask you to consider it within Thuringowa. the sub judice rule. Of course, it is true that the prejudice likely to be suffered in a matter being Mr TURNER (Thuringowa—IND) determined by justices of the Supreme Court (10.22 p.m.), continuing: The year 2012 is the or the Court of Appeal is a very different kettle year that the person who perpetrated this of fish from the circumstances that might arise crime against this young lady is due to be before a jury of lay persons. Of course I defer released. That same young—— to your ruling on the question, Mr Deputy Mr FOLEY: I rise to a point of order. I Speaker, but if this is a matter that is directly accept the spirit of what the Leader of the before the court, it would be a matter of Opposition said previously, that is, that one concern if we were to engage in debate on it does not necessarily want to fetter here. unreasonably members in this House. But the Mr BORBIDGE: I rise to a point of order. honourable member is going to the very point Mr Deputy Speaker, in trying to assist the of the appeal, namely, the length of sentence advancement of this debate, obviously I of this person. In my respectful submission to accept your ruling and the suggestions of the the Chair, that is the very point to be Attorney-General. However, if the honourable determined by the court, and as such is sub member wished to raise a set of circumstances judice. without referring to a particular case, I would Mr DEPUTY SPEAKER: Order! I will seek seek some advice from the Attorney as to advice. For the benefit of the House, I will read the—— out the sub judice convention that has been time-honoured in this House. It states— Mr FOURAS: I rise to a point of order. "Matters awaiting or under Mr DEPUTY SPEAKER: I will hear the adjudication in all courts exercising a Leader of the Opposition first. criminal jurisdiction should not be referred Mr BORBIDGE: It might be helpful to the to (in motions, debates or questions) from House if the Attorney-General could give some the moment a charge is made. The advice to honourable members. Whilst specific provision shall cease to have effect when cases should not be referred to, if honourable the verdict and sentence have been members wished to raise, perhaps, announced or judgment given, but shall hypothetical cases or examples of particular again have effect should a Court of cases to justify their course of argument in this Criminal Appeal order a new trial, when place, could the Attorney-General suggest this would be regarded in the same light whether that may be a way forward? as an initial hearing." Mr FOURAS: I rise to a point of order. Again, I will call the member for Thuringowa. There is a broader issue here. Standing Order Again, if he persists with the matter covered by 112 states quite unequivocally that a member the sub judice convention, I will sit him down may not speak twice to a debate. The member and that will be the end of it. spoke and, when the matter of sub judice was Mr TURNER: I will leave out that page. brought to his attention, he decided to sit Robyn will have to spend much of her life 10 Mar 1999 Corrective Services and Penalties and Sentences Amendment Bill 505 attending counselling and therapy sessions. parliamentary committee on privileges some This is what happens to rape victims. This is time ago and was subject to some reform. their sentence. If Robyn lives to be 80, that will That reform attempted to give weight to the mean that Robyn has received a 76-year time-honoured privilege of free speech in this sentence. Tell me, please, what was her House. But it would, in my submission, be crime? This heinous crime against an innocent contrary to the purpose of that convention if little girl should carry a life sentence—the same we were to engage in debate in this Chamber as little Robyn's. We have no guarantee that if on the very matter which is going to be this person is released early the same thing determined by debate in another place. I would not occur to other young ladies. respectfully concur with the observations of the A few minutes of this person's violations member for Warwick and suggest that the against Robyn have sentenced Robyn and her matter be raised with the Speaker. family to a life of pain and suffering. No signs Mr DEPUTY SPEAKER: Order! In view of of remorse have been shown. How could we the intentions of the House, I intend to refer consider reducing his sentence? After the this matter to the Speaker. In due course, incident, Robyn and her family could no longer when we can get a considered ruling on the live in the populated suburbs of X. The whole matter, it will be reported back to the House. family lived in fear of a repeat occurrence of Mr HORAN (Toowoomba South—NPA) the disgusting crime committed against their (10.27 p.m.): Tonight I rise to join in this daughter. Robyn and her family now live at X, debate on the Corrective Services and a small country area north of X—the area Penalties and Sentences Amendment Bill. It where my own children grew up and went to was very interesting and enlightening to hear school. I know little Robyn and her family and I the number of speeches that have gone find it hard to imagine what kind of animal beforehand. I cannot help feeling that would commit such a cruel violation against members on the Government side would such an innocent child. dearly love to support this legislation. We can I ask those members contemplating see a number of them getting close to the rejecting this Bill to take the time to think of fringes of saying that this is right and that it is Robyn as their own four-year-old daughter or what the people in their electorate are saying. granddaughter or niece. How can we allow The nub of tonight's debate is serious anybody to be released early? Fifteen years is violent offenders. We have heard members on 15 years. I commend this Bill to the House. the other side make all sorts of excuses as to Mr SPRINGBORG: I rise to a point of why offenders should not serve their time and order. Mr Deputy Speaker, in the light of the why they should be allowed out early. However, they do not get to the nub of the circumstances tonight your earlier ruling was a issue, which is serious violent offenders. very fair one. I note also that you referred to the established conventions as contained in I am pleased that the Minister for the information provided to you by the Clerk. Aboriginal and Torres Strait Islander Policy and However, I believe that there should be an Minister for Women's Policy and Minister for opportunity for you to seek to provide the Fair Trading is in the Chamber tonight, Parliament with further advice as to the real because it was this Minister when in case for sub judice in these sorts of Opposition who asked a question in this circumstances. I note the advice indicated Parliament that indicated how she felt about that, if a matter was before a criminal court this topic. In a question directed to the Minister and there had not been a conviction and a for Police she asked— sentence, that matter would certainly be sub "Why has notorious Townsville judice. However, the convention appears to be paedophile Robert David Bradfield been nebulous when entering into the area of the given early release from prison just two Court of Appeal, that is, when a sentence is years and 11 months into his five-year being appealed. I think that it would be to the sentence for sexually molesting six young benefit of all members in this Chamber for this boys aged between four and 11, and convention to be reviewed—and it would also what comfort can the Minister give to the benefit any future consideration of the distressed parents of these young victims issue—and for the matter to be clarified. who see Bradfield's early release as yet Mr FOLEY: I respectfully concur with the another example of his being soft on observation of the member for Warwick and crime?" suggest that perhaps the matter should be Of course, the then Police Minister, the referred to Mr Speaker for clarification. The sub Honourable Russell Cooper, advised that the judice convention was visited by the sentencing had occurred during the time that 506 Corrective Services and Penalties and Sentences Amendment Bill 10 Mar 1999

Labor was in Government and the eligibility more serious or more chronic crime. There is date for his release followed from that no-one in this House who does not agree with sentencing. that. Ms Spence interjected. Then we get to the issues of detection Mr HORAN: But tonight the member and of going through the courts. That is where opposite has been interjecting non-stop with we have to have a fully resourced and strong her namby-pamby, soft on crime, Labor Left Police Service with all the abilities to catch and Wing principles and attitudes. There she was, arrest offenders and take them through the upset that someone had been let out early. court system. That court system must be able Obviously, she wanted to see them stay in and to ensure a fair and just trial and, if guilt is do the full sentence that had been handed proven, the judge must impose a sentence. down. Where does she stand? Is she fair That leads us to what we are now addressing, dinkum and honest or is she just toeing the because it is the judge who imposes the party line? sentence. We have all heard people talk about the separation of powers—that we in this All of us here in this Parliament represent House are charged with the responsibility of around 23,000 people in our electorates and making the law and then keeping ourselves their children. We are all charged with the task separate so those who have risen to the rank of understanding—and we should know—the of judge—in this case, very senior judges—can feeling of our particular electorate. We all guide the court to have the evidence admire the jury system because the jury presented in a fair and honest way so that the system—through the breadth and scope of the jury can make its decision. Then, of course, people who are selected, through them the onerous task falls on the judge to apply listening to a particular case and making a the law that has been provided by this judgment—is one of the real foundation Parliament and impose a sentence. stones of our society and our justice system. It is the wisdom of the people in the jury that That is what this Bill is all about: that we makes the final decisions in major court cases. act on the knowledge that we have gained And so it is in the way that we represent through the feeling of the people in our 89 our electorate. The feeling that is coming from electorates throughout the State—and they the people—the ordinary, average people are telling us that, in the case of serious violent crime, the communities of Queensland have whom we represent—is that there is a lack of had enough. In these serious violent cases, confidence in the case of those who commit they want to see sentences applied at the time serious violent crimes being let out early. There of the court case, after the evidence has been is a feeling that, as a society or as a heard and the jury has delivered its verdict. community, through our justice system we are That is all we are talking about. The actually discounting the deterrent that has been placed on these criminals convicted of community wants to see these criminals do the violent offences. It is an old saying, but it is time. Why do they want to see them do the true: justice not only must be done, it must be time? They want to see them do the time seen to be done. because, firstly, they want to see it as a deterrent and, secondly, they want to see it as When one looks at our law and order and a punishment. justice systems—and many people here tonight have spoken about this—it is the The preamble talks about how we should beginning of the crime, where the prevention be committed, caring and understanding issues come into play, that is important. I do about young people and how we should do not think there is one person in this House who everything we can to keep them out of the does not strongly believe that it is at that front tentacles of crime that could lead to a life of end where everything possible should be done crime. But ultimately, serious violent to prevent offenders, particularly young offenders—they could be described as offenders, from falling into the trap of crime. animals—should not be walking the streets of That might be through a number of wide our society. Once a judge has made a ranging ways. It could be in improving family determination on their punishment, if they are values. It could be in assisting those young locked up they are taken out of the system people who have been less fortunate than and they will not offend again. others in our society. It could be in giving them How many times do we hear police the opportunity in early or first offences for officers tell us of a spate of break and enters in rehabilitation or a chance to get some support, the suburbs somewhere and then three or four some assistance, that can help them so that young people are caught and processed they do not fall into the path of bigger and through the justice system? Once they are out 10 Mar 1999 Corrective Services and Penalties and Sentences Amendment Bill 507 of the community, the number of break and I would like to read from an editorial which enters reduces dramatically and people can appeared in the Gold Coast Bulletin on 24-25 see the wave of crime decline almost October. The first few paragraphs summarise immediately. And so it is with serious violent what I have been endeavouring to say about offenders. While they are locked behind bars, how people are feeling about their loss of they will not commit any crimes. No. 1, that confidence and their absolute frustration and has to be done. Also, people here seem to grief when they see the adjustments that are want to skirt around the issue of punishment. made to some sentences. It is headed "A tale Ultimately, we have to face the fact that these of deceit, brutality". It states— are the dreadful, most heinous crimes "A jaded public has been pleading possible, and punishment is part of it as well with governments, the courts and as the deterrent. But it is not only the deterrent corrective services authorities for years to for the actual prisoner, it is the deterrent for keep a tight rein on criminals. others who can see what happens if they commit these sorts of crimes. For years the public has been stunned and angered by a revolving A number of people here tonight have doors approach to sentencing and parole. spoken about families. I am quite disappointed really to hear from the Government side that The community might take some there has not been enough emphasis in this consolation in the fact that finally, after a debate tonight about families. I spoke about string of brutal offences, a serial rapist the communities of Queensland and how they described as vicious and depraved for his feel that the penalty in most of these cases is attacks on males and females was jailed being discounted—it is being devalued—and, indefinitely yesterday. Raymond Henry as a result, people are losing their confidence Garland, 27, pleaded guilty to 45 charges in the system. It is breaking the hearts of including four of rape, six of indecent families who have suffered the dreadful assault, 14 of serious assault and 10 of trauma of seeing someone in their family deprivation of liberty. murdered, raped or bashed, or a combination Garland's carnal rampage began in of all these things. They have to go through Brisbane in April last year when he that grieving process, and I do not know that attacked a girl, 14. He had been on home many of us here could ever understand what detention at the time, staying with a priest some of these families and the victims who who, as a social justice advocate and have survived crimes must be going through. former parole board member, supported How is that process helped when they see his release from jail. someone let back out on the streets after serving only a portion of the sentence imposed The most telling condemnation of a for doing something so horrific that many of us system that had allowed Garland out into cannot even imagine it? That is what we have the community was in evidence referred to think about tonight. to by Brisbane District Court Judge Brian Hoath in his sentencing comments. The nub of the issue is serious violent Garland had embarked on a determined crime. We are talking about 5% or fewer of the course of conduct to ensure his release, crimes that are committed in Queensland. We completing a sexual offenders' treatment are talking about keeping faith with the people program and then making five whom we represent. We must be honest and applications for parole which were genuine with the 23,000 good people in our rejected. A sixth, in December 1996, was electorates whom we look after. Some successful after he spun a tale of how the members have had the misfortune of some of program had been of outstanding benefit. these serious crimes being perpetrated on constituents in their electorates. If we are But as the judge noted yesterday, going to keep faith with these people, if they Garland's supposed reform in response to are to have faith in the justice system of the program had been nothing but a Queensland and if they are going to have faith pretence, a sham that was 'cynically in their Parliament, it is in this one particular conceived' to deceive the parole board area that they are relying on us. It is our and gain early release. The rapist responsibility to pass this Bill tonight so that admitted as much later to a psychiatrist, the serious violent offenders do the time, so saying he had really only been saying that the punishment is there, so that the what people wanted to hear. Society—or deterrent is there for them and the deterrent at least Garland's poor victims—paid the for others is there also. price. 508 Corrective Services and Penalties and Sentences Amendment Bill 10 Mar 1999

It would be folly to contemplate think he said that there were 11 people in jail, giving this brutal, despicable man another 10 of whom were let out. chance, despite the hand-wringing of Tonight we are talking about serious childhood abuse and crime. violent offenders—those who commit murder, We should be sorry the naive rape and so on. I do not think there would be mistakes of a system, which desperately one person in this Parliament who does not wanted to believe this man had been agree that drug peddlers are as bad as or cured of the sickness that turned him into worse than any other criminal, because they a violent sexual predator, allowed him do not take just one life; they ruin the lives of back into the community. hundreds of people. They ruin the lives of The lessons of this sorry episode young people and lead them into a life of cannot be forgotten." addiction they can rarely get out of—a life in which the potential, the greatness and the I think that summarises what many people happiness they could have achieved is denied have been saying here in the House tonight. them because of these absolute low-lifes who I want to speak about victims of violent peddle drugs. They do it for only one reason: crime. When someone is murdered, their life is their own selfish gain and selfish purposes, gone—an absolute loss of the potential for because they want a flasher car, a flasher happiness and for achievement and of the house or more money. They do not care about preciousness and sanctity of human life. It is the hundreds of lives they ruin. I am strongly of all taken away. When we look at violent crime the belief that that is another area in which we at that level, how can we allow someone who have a responsibility to the people we has committed murder, rape or a bashing to represent. We need to lock up drug peddlers be released from jail without requiring them to and keep them out of society so that they serve their full sentences? cannot ruin the lives of our young people. I refer to a particular case I came across I do not want to get into what one when I was Minister for Health in the previous Government has done and what another Government. The person in question is one of Government has done in terms of softness on the most courageous women I have ever crime. We have to concentrate on the matter come across. She had gone public about her at hand. I believe we have to say: do we truly rape case in a provincial city. This woman was and absolutely represent the people in our married with children and she went public in electorates? How would we feel if people in our order to get a better deal for women in the electorate were murdered, raped or bashed? very traumatic time after a rape, particularly How would we as their representatives feel? through the health system. Someone dragged They voted us in in good faith. As law-makers, this woman under a bridge as she came home how would we feel about the types of from work, brutally raped her and, as I sentences brought down and about how much remember, bashed her with a rock and left her of those sentences are served? virtually to die. One just could not contemplate Let us put aside the talk about parole. I in any way whatsoever that a person convicted think members on both sides of the House of that type of crime could ever be released at agree that in particular cases—young a time earlier than that set down by the offenders, people who have not been into jail sentencing judge. before and so forth—rehabilitation is an I do not think society and the people we important part of the system. But tonight we represent could ever accept a lesser time are talking about the absolute top end of the being served for a crime such as the one I just spectrum. We are talking about the worst of described. But there are a number of those the worst. We are talking about something for serious violent offences every year. That which there can be no second chance. These courageous lady has to live for the rest of her people should be locked up and kept away life with the trauma that she went through on from society to do the time, to pay their debt to that particular occasion. Her family has to live society and to assist those people devastated with it. She is courageous, but her family also by grief to come to terms with the dreadful has to live with it. things that have happened to them. Earlier tonight we heard the honourable Our responsibility is to think of the people member for Crows Nest talk about how the we represent and to do the right and Goss Labor Government changed the honourable thing on behalf of those people sentencing arrangements for those convicted who have put such faith in us. There is only of serious drug peddling charges from a one thing to do tonight, and that is to vote for mandatory life sentence to a lesser penalty. I this Bill. If we do, Queensland will be a far 10 Mar 1999 Corrective Services and Penalties and Sentences Amendment Bill 509 better place. Queensland will be a place where deterrents. People need to live in safety and people will believe far more strongly and have security. a greater confidence in our justice system. We Many of the people who perpetrate will be doing the right thing by the good people crimes live on the periphery of society. They we represent. really abuse the system. They know damned Mr ROWELL (Hinchinbrook—NPA) well that, if they commit a crime, there is not a (10.46 p.m.): Tonight we have heard a lot from great likelihood that they will serve their full both sides of the House about the Corrective sentence. I suppose one might say that they Services and Penalties and Sentences are not normal people. Life is really a Amendment Bill. I think it is extremely challenge to them. They vary, to some degree, important that we take a great deal of notice of from normal people. At present, because of what has been said. Having said that, as we the number of crimes that people like that go throughout the various electorates we find commit, law-abiding citizens are not receiving that there is a determination that changes the acknowledgment that they duly deserve. need to be made in relation to the penalties Many of the people who commit crimes handed down for the commission of the very are often insular people who go about their serious crimes that occur throughout our State. own business. They do not mix widely with This Bill will to a large extent correct others—other than people of their ilk. Very problems of deterrence, which is an important often, they live in a microcosm of violence, and aspect in the sentencing of people who I believe that that microcosm generates a perpetrate crimes that attract a sentence of 10 great deal of peer group pressure. They will years and over. Of course, there are instances commit crimes of violence with the full where the judge may decide on penalties of knowledge that they are probably not going to between five and 10 years. Unfortunately, I receive due penalty. They have no regard for believe incarceration is the only penalty of personal property. They do not care if they significance to those people who seriously damage somebody's property. They do not offend others throughout the State of care about their behaviour. That is not Queensland. important to them. Their personal behaviour is of no consequence. People who believe in the "softly, softly" Often, the victims of crime are left in a approach are presently outnumbered by those terrible state. We have heard many who are very concerned about serious crime in testaments to that effect in this House tonight. this State. It is fine to be a civil libertarian and it It is extremely difficult for a victim to ever is fine to take a position that is probably on the recover from some of the crimes that have side of the criminal to a certain extent, to give been perpetrated on them. If this situation him due justice—I think everybody wants to prevails, then we will see anarchy within our ensure that due justice is served—however, it State and within the laws of Queensland, and I gets to a point where people who perpetrate am absolutely certain that nobody in this extremely serious crimes should be punished House wants to see that. to the full extent of that penalty brought down. As I have said, our laws are passed in this It is this Chamber that gives the judiciary place. We meet the needs of society. I believe direction in relation to those worthwhile that society is saying to us that we need to deterrents. The judiciary can only deal with the strengthen the laws regarding serious crimes. law given to it. A lot has been said about the Of course, Parliament is exactly the separation of powers—that is extremely mechanism that can carry out that duty. There important; we cannot get involved in the has also been put in place a mechanism that decisions that judges make—but direction is will allow those people, once they leave jail extremely important. after serving their period of imprisonment, to Perpetrators of serious crime are aware of be considered for further judgment, I suppose, the moderate sentencing that occurs from time by a judge. After six months as a minimum, to time. I think it is up to us as legislators to and for up to five years, a judge can make a ensure that people who commit these crimes decision as to whether a person should stay are locked up for the mandatory period given within the system for the five years, and the by the judiciary at the time of sentencing. This community supervision period will allow that to relates to serious crimes, those attracting happen. The conditions will be in accordance penalties of 10 years and over. Yes, there was with their behaviour in prison. This is really a a revolving door policy in the early 1990s. positive approach. There were limitations on what was able to be I turn now to juvenile crime, which is an done by the judiciary, but we need strong issue of major concern within my electorate. At 510 Adjournment 10 Mar 1999 present, young people of 15 and 16 years of I am sure that all members would realise age are breaking into houses. It is extremely how easily young people can get into trouble. difficult for them to be brought before the They can also be good actors, not only when courts, and when they are, the sentences are they are at school but also in their adult life. I very, very mild. They just scoff at the system, recall very vividly one fellow who was they simply laugh at it, they carry on, and they incarcerated in a prison. It supposedly did not commit these crimes again. In one case of take him very long to realise that he was a new which I am aware, a young person went into a man. In one of his letters to me, he said how person's house, took a bottle of scotch, walked beautiful the trees are, how God is in the past the owner of the property, drank the heavens, and how he had suddenly become a scotch and went on his merry way. I believe different person. I would like to think that he that we have to try to stop these types of continued to feel that way for a long time. things from happening in the early stages Unfortunately, when he was released, he went because, if we do not, we will find that those back to taking joy-rides and stealing whatever people will then go on to a life of crime was not nailed down. I am sure that all because they know that they can get away members can relate to people of that particular with it. Our major responsibility in this House is ilk; there are a lot of them about, and we to ensure that those types of things are kept in should ensure that we help them, if at all check. possible, but sometimes that is not the case. I had to speak to the Assistant Debate, on motion of Mr Stephan, Commissioner of Police in Townsville about adjourned. this situation. There is no doubt that the police need the absolute maximum of support that communities can give them. Of course, the ADJOURNMENT reporting of crimes, and not allowing people to Hon. T. M. MACKENROTH (Chatsworth— get away with crimes such as those I have ALP) (Leader of the House) (11 p.m.): I mentioned, is extremely important. Those are move— the types of events that can lead to other "That the House do now adjourn." events. What we will find is that young people will perpetrate crimes, get a mild sentence, and then just laugh at it and go on to bigger Property Marketeers, Gold Coast; Speed and better things. That really is the seedbed of Limits a lot of criminal activity that carries on into their Mr BEANLAND (Indooroopilly—LP) adult lives. (11 p.m.): On Tuesday, 2 February 1999, the I support this legislation. It requires the Minister for Fair Trading rose in this House and closest consideration of this House, because raised a number of serious allegations unless we can put in place deterrents to those regarding so-called property marketeers people who are going to perpetrate major operating on the Gold Coast. In making these crimes, then I believe that they also will scoff at allegations, the Minister implied that I, as the system and carry on and, in many cases, Attorney-General and Minister for Justice in the reoffend. There needs to be a system that former coalition Government, had acted stops them, and I believe that this legislation improperly and against the interests of has the capacity to deliver just that. Queensland consumers. Mr STEPHAN (Gympie—NPA) The Minister also defamed two Gold (10.56 p.m.): It gives me a great deal of Coast businessmen, Mr Jim Raptis and Mr pleasure to take part in this debate. As has Chris Bilborough, alleging that they, or their been mentioned before tonight: commit the companies, in making donations to the Liberal crime, and you also do the time. That is one Party somehow managed to influence me in message that we can certainly convey to the making a decision on whether to incorporate community itself. For that reason, I am very into the Auctioneers and Agents Act legislation pleased about the number of police who are governing the operation of property being made available to schools, because it marketeers. This is simply untrue. would be a big plus if we could get that I do not believe that I have ever met Mr message out to our young people through Bilborough, let alone discussed with him any those school-based police. Not only can those issues pertaining to the Auctioneers and police relate to the students themselves, but Agents Act. Furthermore, at the time of they can perhaps get a handle on the so- Minister Spence's outrageous allegations I was called difficult students before they get into not aware that either Mr Bilborough or Mr trouble. Raptis had contributed financially to the Liberal 10 Mar 1999 Adjournment 511

Party—just as I believe that Minister Spence concerned about this situation. The was not aware that either of these men had Government is not necessarily responsible for similarly contributed to the Labor Party. The this problem. Some of the blame lies with the sheer incompetence that has been displayed city council. Perhaps the Minister for Transport by Minister Spence should be of great concern could take the matter up with the Lord Mayor. to all Queensland consumers and business We need to take a closer look at the matter, operators. because there will be a great deal of The Gold Coast property market is worth unhappiness generated by this situation. hundreds of millions of dollars each year to the People are not so much concerned with the Queensland economy and there is little doubt reduction in the speed limit; the problem lies in that Minister Spence's politically partisan and the different speed limits one sees in the same ill-informed slurs have affected consumer street. confidence. Minister Spence has an important This problem does not occur solely in responsibility to protect the rights of Brisbane. Recently I was driving from Brisbane Queensland consumers. The Minister does to Beaudesert and I could not believe the not, however, have a right to use her position differing speed zones that I saw along that to try to score cheap political points. stretch of road. I found that there were 90s, I resent the aspersions that Minister 70s, 60s and 40s. They all came out of the Spence has cast not only on my integrity in blue. When one is watching where one is this particular issue but also on that of driving it is easy to miss some of these speed hundreds of hard-working, loyal Queensland signs. The Minister needs to take up this public servants within the new Office of Fair matter with the Main Roads Department and Trading—formerly the Office of Consumer with the Lord Mayor. Affairs—who are dedicated to looking after the I want to raise the question of Oxley interests of consumers in this State. If ever Road, a road which is partly within my there was a Consumer Affairs Minister in electorate. We have a number of schools Queensland whose integrity should be along Oxley Road. The speed limit is currently questioned, it is Minister Spence, the Minister 60 km/h. I believe that speed limit should have who was ripped off with a $93 toilet brush. been reduced to 50 km/h. We have a number The second issue I wish to discuss of pre-schools— concerns the new 50 km/h speed limit in Time expired. suburban streets. This matter goes back to the time of the former Government and has been followed through by the current Government. It Dialysis Treatment, Innisfail is a course of action which I support. Mr PITT (Mulgrave—ALP) (11.05 p.m.): Some other developments were to occur The incidence of end stage renal failure is at the same time. One of these concerned the increasing both as a per capita rate and in rationalisation of speed zones within suburban absolute terms as the population increases. It streets. The second matter concerned differing costs Queensland public health services speed zones in some streets of the city. In approximately $30m annually to treat 800 some places we can have a number of speed patients with dialysis. In particular, the limits within a very short distance in one street. incidence of renal disease among indigenous This is a matter of concern. Motorists have people in Australia has to be addressed as a complained to me about this situation. I am matter of urgency. Statistics from 1996 show sure that I also have been caught on more that the known prevalence of end stage renal than one occasion and have missed a speed disease among Queensland indigenous sign. Without intent, one can miss a speed people was 11.8 per 10,000 compared with sign. We find that in one street the speed limit 2.5 per 10,000 in the white Australian can go from 60 km/h to 50 km/h, and next population. thing it is down to 40 km/h or 25 km/h. It is all The need for increased capacity for renal over the place. We were assured that dialysis services in far-north Queensland over rationalisation would occur with regard to the next few years is recognised by the speed limits in urban streets. It appears that is Minister and by Queensland Health. In the not the case. Innisfail area there are currently 18 patients The old speed limit arrangements are still with end stage renal failure. Six of these continuing except that the 60 km/h speed has patients have to travel to Cairns for dropped to 50 km/h. We now have more haemodialysis treatment. The member for speed zones than ever before. I am sure that Hinchinbrook and I discussed with the Health we will see a lot of unhappy motorists who are Minister the need for a dialysis machine in 512 Adjournment 10 Mar 1999

Innisfail. As a result of these representations, sufficient in services. In this case the northern we have been encouraged to see that this zone takes in the area from Mackay to important issue is receiving the attention that it Thursday Island to Mount Isa. The second deserves. issue is that dialysis units need to be linked to As a short-term measure, there is new tertiary hospitals for teaching, research and initiative funding of $1.5m for home clinical support to allow staff to have haemodialysis equipment across Queensland. professional development and support. This is In the Innisfail district health service area there a highly specialised area and these staff are eight patients who may be suitable for cannot work in isolation. Recruiting specialised home dialysis. This includes four from Innisfail, staff to work outside of major centres is an one from Mission Beach, two from Tully and ongoing issue. one from Miriwinni. Home dialysis is one option When I met with the Health Minister I was to manage end stage renal failure. Individuals assured that the clinical needs of renal are given training and support. This includes patients in the Innisfail area are being allied health care support and visits from a considered carefully. It is not just a matter of mobile dialysis nurse. Importantly, they need funding. There is a lot more to this issue than the help and support of a family carer. They just providing the machines. need to be reviewed regularly by a I would also like to support the efforts of nephrologist. They also need technical support community groups and Government agencies to maintain the machines. All this can be that have prevention as their focus. Too often provided in this package. we are focused on the sick care system—not Patients who are clinically well and have the health system. Keeping people healthy is proper home support can be offered the the essence of this Labor Government's option of home haemodialysis. For the right Health policy. Actually reducing the incidence patients, home haemodialysis means that they of people with end stage renal failure is can have treatment in the convenience and something to aim for. comfort of their own homes. These patients do not need to travel to dialysis centres several Next week, on Tuesday, 16 March, times a week. However, home haemodialysis members of the Innisfail and surrounding is not an option for all patients. Some people community are meeting to organise a may have the family support and the personal fundraiser to obtain in the long term machines resources that are needed for home at the Innisfail Hospital. This is a worthy haemodialysis—others do not. This extends to project. It is going to take a lot of money. Those machines are not cheap, but I good infrastructure, including a pure water commend the people of the district for the supply and an electricity supply. work that they are doing. I know that both the One of the key aspects of the initiative will member for Hinchinbrook and I will be be the training of suitable patients for transfer attending that function and lending our to the home setting. This is good news for support to the community. some of our renal patients at Innisfail. A number of potentially suitable patients who live in the Innisfail district are being considered for City/Valley Bypass home dialysis training, but they will have to be Mr SANTORO (Clayfield—LP) assessed on an individual basis. As a (11.09 p.m.): This evening, I wish to discuss community, I believe that we can also look at briefly the continuing saga of the City/Valley the transport issue at the local level. bypass and to report to the Parliament that As part of a longer-term measure, the last Sunday I attended a public protest Minister has proposed to refer this issue to the meeting, which was held at the Brothers End Stage Renal Advisory Panel. This is an Rugby Union Club—a meeting that was expert body in Queensland with representation attended by just under 400 people. All of from private and public sectors. Dr Tim those people were protesting against the Furlong, who is well known to renal patients in construction of the City/Valley bypass as far-north Queensland, is a member of the currently proposed by the Brisbane City panel. I have been advised that Queensland Council. Health will look at this issue in consultation with In terms of this issue, there actually was a the advisory panel. major development at the meeting. For the There are a number of issues to be first time during the development of this issue, considered. Firstly, to be most effective, the the chair of the Brisbane City Council transport End Stage Renal Advisory Panel recommends committee, Ms Maureen Hayes, turned up to networked services, with each zone being self- the meeting and addressed it. During her 10 Mar 1999 Adjournment 513 address, she sounded affable, she sounded mushrooms by Brisbane City councillors, who empathetic, she put on some theatrics and have become increasingly arrogant. really came across as quite concerned. She I suppose that, over the next little while, quoted extensively from the assurances that members of this place will receive many were contained within the impact assessment representations from my constituents. I just study relating to the City/Valley bypass. want to read from a letter which I have That impact assessment study is quite a received, and which has been received by voluminous study. It looks big—it is big—and, other members within this House. The plea as a document, it looks impressive. However, contained within it is very simple. It states— what my constituents knew clearly and "As a local resident I am extremely understood that day as the kind councillor concerned about the negative impact of made her presentation is that it did not contain the Inner City By Pass on residential the opinions, the feedback and the input of areas near Kingsford Smith Drive. the people who are directly affected within the Poor public consultation to date has community that I represent in this place in exacerbated this concern. relation to the City/Valley bypass. Basically, the community let Councillor Hayes know what As an elector and ratepayer I their views were in relation to that lack of deserve an answer from Council on: information within that impact assessment what alternatives to this road were study. seriously considered The community wants input into the whole what benefits will this road give project—into the development and the Brisbane which overcompensate the finalisation of the project, if it is to be adverse environmental and, more developed and finalised—before it is, in fact, importantly, the social impacts of this commenced and completed. My constituents road. believe that the plan needs to be reopened. As a local resident I demand a clear This evening, I call on the Brisbane City assurance that Council will commit to on- Council to do this—to reopen the plan and to going, meaningful consultation with provide my constituents with the opportunity to residents on all aspects of the Inner City have the input into the plan that they did not By Pass which impact on local amenity have. and quality of life. When the consultants for the Brisbane Most importantly, I seek an City Council conducted the impact assessment immediate assurance from the study, all residents and businesses from Government and the Council that in Cooksley Street all the way down Kingsford funding and planning this major road Smith Drive to the Gateway TAFE college and development adequate consideration is in the suburbs west or east of Kingsford Smith given to protect the residential areas Drive certainly were not consulted. I think that, adjacent to Kingsford Smith Drive from if the plan is reopened and the input of the increased local traffic flow, noise impacts local community is sought out and they are and pollution." genuinely consulted, there may be changes to I simply wish to reinforce that plea from the plan that may lead to a sensible proposal that constituent, which is representative of going ahead. Until that input is, in fact, thousands of my constituents. The city council obtained by the Brisbane City Council, my really needs to reopen the study and start constituents do not believe that the council consulting in a fair dinkum way with residents has done anything that even resembles who hitherto have just not been in any way natural justice, proper consultation or consulted in relation to this very important procedural fairness. infrastructure development, which will Basically, I am saying to the city council: fundamentally impact on their residential you have a group of people within my amenity. electorate who are very reasonable Time expired. people—people who appreciate that the problems which the City/Valley bypass seeks to solve need to, in fact, be addressed and Mackay Police Citizens Youth Club that a City/Valley bypass in some form is Mr MULHERIN (Mackay—ALP) necessary in order to remove dangerous and (11.15 p.m.): It gives me great pleasure to rise heavy traffic from the inner city, including the to speak about a recent announcement, which Valley. But they do not want to be treated like I believe will have far-reaching benefits to the 514 Adjournment 10 Mar 1999

Mackay community. The Mackay Police bicycle and driver education, learn to drive Citizens Youth Club is to be transformed by a courses, playgroup, band practice, blue light major $1m development project, which will be discos, a mobile activity centre, before and jointly funded by the State Labor Government after school care programs, IMPACT teenage and the Mackay City Council. Last Monday, it adventure camps and vacation care programs. was my great pleasure to announce jointly with The PCYC is also used extensively by local the Mayor of the Mackay City Council, Julie and other community groups. Its activities also Boyd, that funding for the upgrade had been involve a variety of Government agencies, approved by both the State Department of including Queensland Transport, the Tourism, Sport and Racing and the council. Department of Families, Youth and The development will expand the club's Community Care, the Department of Health, present facilities and include a multipurpose the Office of Sport and Recreation, the indoor sports stadium and changing rooms, Mackay City Council Youth Development, and meeting rooms, computer and games area, a the Community Policing Partnership Program. Pulse Youth Space that includes stage and It is proposed that the new facility will band practice areas, and new canteen and conduct a variety of sporting and recreational office facilities. The development of the centre activities from a social level to a competitive with $500,000 each in funding from the level for both juniors and seniors. Given the Mackay City Council and the State design of the facility, it is envisaged that a Government demonstrates clearly what can be number of activities can be conducted achieved with a joint Government approach. simultaneously, either for training or It is hoped that work on the upgrade will competition purposes, such as basketball, commence in July and, allowing for six months' netball, volleyball and indoor soccer. construction time, it is anticipated that the new Currently, the Mackay PCYC conducts a complex will be open early in 2000. The very successful blue light disco—in fact, the Mackay PCYC is located in a fast-growing area State's largest. The inclusion of young people serving the suburbs of Andergrove, is a major focus for the PCYC's community Beaconsfield and North Mackay, with direct development strategies and crime prevention access to other developing areas of Northview, initiatives. The establishment of the Pulse Mount Pleasant and the northern beaches. Youth Space will promote and enhance the The Mackay PCYC is really the smallest personal growth of young people through the PCYC club in the State, yet it boasts activities provision of self-development programs, and attendance figures that rank in the top five access to information, and access to safe and in Queensland. In 1998, the club had some supportive youth space. The youth centre will 807 members and attracted over 2,700 provide young people with the opportunity to attendances every month, making it one of the participate in recreational activities, which are largest community groups in Mackay. determined by them and appropriate and sensitive to their needs. The upgrade of the Mackay PCYC is one of the first projects to be granted under the An editorial in the Mackay Daily Mercury best sums up the vision that the PCJC has for Labor Government's new Community Sport and Recreation Facilities Program. I would like caring for our young people. It states— to place on this record my sincere thanks to "Youth is the future. This region Sports Minister, Bob Gibbs, who believes that depends on the youth of today becoming the upgrade of the Mackay PCYC is an worthwhile citizens ... business people, important and worthwhile project. He believes, farmers, community leaders and even as I do, that the expanded centre will be able politicians. to provide an even better range of sporting The PCYC movement is recognised and recreational opportunities for the nationally for providing the opportunities thousands of young Mackay people who use it for the young to develop in an each year. environment of guidance, free of the The PCYC is one of Mackay's most problems of the street. Monday's important assets and contributes much to the announcement will make the task just that sporting and character development of our little bit easier." youth. The Mackay PCYC was first established I would like to place on record my appreciation in 1989 in premises in Bundesen Street, North to Sergeant Mark Mawn, who was the first Mackay, and in 1992 opened a clubhouse on Mackay PCYC manager, and his successor, council-leased land in Norris Road, North Sergeant Jason Hopgood, and their Mackay, where the club is still situated. The committees for all their hard work, effort and Mackay PCYC activities include tae kwon do, dedication to bring this project to fruition. 10 Mar 1999 Adjournment 515

Aquaculture diseases that can knock out a prawn Mr TURNER (Thuringowa—IND) population in a matter of days. Pathogens (11.20 p.m.): In Australia, the demand for settle into the muck of prawn waste and prawns has increased dramatically over the unconsumed fodder, poisoning a pond and past 20 years. Australians have included preventing further use. An artificial pond prawns in their regular diet along with pies with exhausts its usefulness usually within three to peas and fish and chips. Prawns are no longer six years. When contamination becomes a once-a-year luxury. Throw another prawn on deeply embedded, the industry simply crashes the barbie has become as much of an and never recovers. This happened in Australian icon as vegemite on toast. Thailand, which was once the world's biggest prawn producer. Mismanagement, The past 20 years have taken us on a overproduction and contamination of prawn journey to look for the bigger, better, cheaper farms and the resulting contamination and prawn. If the ocean cannot meet the demand, overfishing of the sea has left the fishing the solution would seem obvious: just raise industry in the Gulf of Thailand completely more seafood down on the fish farm. destroyed. Therefore, aquaculture was started to help meet the demand for prawns and other Aquaculture is a very lucrative business, seafood and has become a boom industry for bringing many millions of dollars into the Queensland. The industry has increased at Queensland economy and providing such an alarming rate that proper legislation thousands of jobs for Queenslanders. Some was never put into place to govern and protect Queensland prawn farmers are displaying a it, and, at the same time, govern and protect total disregard for the prosperity of the the environment and wild fish and prawn aquaculture and prawn trawling industries by stocks that can be drastically affected by the flushing diseased prawn stocks and polluted mismanagement of aquaculture farms. pond water directly into the ocean and waterways. Because there are no laws Aquaculture is a worldwide phenomenon pertaining to this issue, this practice is being and has become a giant international allowed to continue. The discharge of polluted business, with almost every country in the pond water into rivers and creeks changes the world now actively involved in the import and entire ecology of the waterways and can result export of farmed seafood. One-quarter of the in the death of mangroves and sea life. This world's prawns are raised in ponds in 50 practice will almost certainly infect other countries. One in four salmon that are eaten shellfish such as crabs. Should this occur, and today never left the pen until the fish was on it may be that it already has, it would be its way to a dinner table. Some 200 species of extremely difficult to control, if not impossible. fish and shellfish, and maybe more, have Disease can also be spread from pond to gone the way of pigs and chickens. pond and to other water areas by birds. Ponds Theoretically, fish farms are a good thing. must be covered to prevent the spread of They provide much needed food while taking disease. some of the pressure off dwindling fish It is common practice in Queensland to populations in the wild, but in practice market infected prawns before they die. These aquaculture is often profoundly wasteful and surviving prawns must be cooked before being destructive. Fish farms can devastate the sold to ensure that viruses are not transferred surrounding environment, and the idea that into the environment. Most aquaculture feed is the growth of aquaculture can save wild fish is, imported and requires treatment to kill bacteria to a large extent, wishful thinking. Farm prawns before being imported into Australia. We are are fed a diet of fish meal and the trade-off is placing a lot of faith in other countries to carry dismal. Three kilos of fish meal produces one out this treatment. The importation into kilo of prawns. Australia of untreated feed has the potential to Viral disease in aquaculture is a constant introduce exotic diseases and, considering that worry. Bacterial infection can ravage farm the countries that export the aquaculture feed prawns despite the large doses of antibiotics to Australia have already destroyed their own that are given to them. Self-pollution of prawn prawn industry by mismanagement and farms due to poor pond management and the disease, can we rely on those countries to do lack of properly separated inlet and outlet the right thing by our industry and systems is of great concern to the prosperity of environment? I think not. this industry. It would be fine if growers could There is no reason why Queensland use a pond over and over again, but the cannot build its own aquaculture feed industry, population density—as many as 500,000 per creating much needed employment while hectare in artificial ponds—eventually fosters reducing the risk of importing exotic diseases 516 Adjournment 10 Mar 1999 and ensuring that our already established resources and I am proud to say that in my prawn farm industry continues to flourish. At first year of office an extra detective, an extra present, Queensland has very few guidelines sergeant, an extra constable and an extra and laws that cover aquaculture. We need to administrative assistant will be stationed at the introduce such laws and the infrastructure to Smithfield Police Station, bringing the number police them before it is too late. It is time for us of operational officers to 21. It is interesting to to accept total responsibility for the protection reflect that when I was first elected to this of this industry, ensuring that the aquaculture place in 1989, that police station was not a 24- industry continues to prosper—— hour station as it is today and only six officers Time expired. were stationed there. It has been through my commitment, firstly when I held this office in 1989 and then when I returned to this House Policing, Barron River Electorate in 1998, that police resources are up to Dr CLARK (Barron River—ALP) strength at that station. (11.25 p.m.): The Beattie Government is a With other members I share the belief can-do Government that delivers. Before the that there never will be enough police officers, 1998 election, Police Minister Tom Barton so again I have committed myself to promised 10 Police Beats throughout the community policing. I have retained my State, but by the end of this financial year 12 position as the area coordinator for the will have been delivered, one of which was Freshwater Neighbourhood Watch program, opened on 23 February in the township of which is where I live. I have reactivated the Trinity Beach in my electorate. Police Community Consultative Committee for Up until now, all Police Beats in the Cairns the Marlin Coast, which is very active and is area have been of the shopfront variety, but involved in a number of very worthwhile the one at Trinity Beach consists of a police projects that address the causes of crime in officer—in this case, Russell Parker—living with our community. his family in a house in the beat of Trinity I take this opportunity to commend the Beach that he serves. This particular method work of Assistant Commissioner Bob Atkinson, of successful community policing was first who is responsible for policing in the Cairns introduced by the Goss Government in district, which stretches right to the Torres Toowoomba, but it languished under the Strait. His commitment to far-north coalition. Unlike the Opposition, I really believe Queensland, professionalism and strong in this approach to community policing support for community policing are getting because it provides an opportunity for the results. Crime levels in our region have police officer to really get to know his stabilised and are even beginning to drop. community. He will become familiar with all of Currently we have the best clear-up rate for the houses and the shopping centre in Trinity break and enters in the State. Beach. He will get to know the young people who have been causing problems in that Police Minister Barton does not know me community. He will form a relationship with the well if he thinks that I will be resting on my community that will allow him to develop laurels. I have already set my goals for the rest positive actions that, with the involvement of of this term. I have identified the greatest the community, will address the causes of priority in the electorate of Barron River, which crime. He will bring a problem-solving approach is the provision of an additional car for the to combating crime in Trinity Beach. Kuranda Police Station, to be available seven days a week. Presently if police officers from I fought hard to get that Police Beat that station are out of town with the car, there established in Trinity Beach, unlike the is not another car available to rapidly attend to previous member for Barron River. I have to any problems that may arise. Kuranda also report to the House that the previous member needs an Aboriginal liaison officer to work with only ever talked about the youth problems the large Aboriginal population of that region. experienced in Trinity Beach, she never Again, I dedicate myself to achieving those actually managed to achieve anything. goals for my community. I look forward to The Beattie Government has not only reporting back to the House on my progress in delivered a Police Beat in Barron River but it that regard. has also increased staffing at the Smithfield Police Station, which serves the Marlin Coast. Motion agreed to. I committed myself to work for extra police House adjourned at 11.30 p.m.