PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

LEGISLATIVE ASSEMBLY

FIFTY-SEVENTH PARLIAMENT

FIRST SESSION

Book 12 30, 31 August and 1 September 2011

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

By authority of the Victorian Government Printer

The Governor The Honourable ALEX CHERNOV, AO, QC

The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC

The ministry

Premier and Minister for the Arts...... The Hon. E. N. Baillieu, MP

Deputy Premier, Minister for Police and Emergency Services, Minister for Bushfire Response, and Minister for Regional and Rural Development...... The Hon. P. J. Ryan, MP

Treasurer...... The Hon. K. A. Wells, MP

Minister for Innovation, Services and Small Business, and Minister for Tourism and Major Events...... The Hon. Louise Asher, MP

Attorney-General and Minister for Finance...... The Hon. R. W. Clark, MP

Minister for Employment and Industrial Relations, and Minister for Manufacturing, Exports and Trade ...... The Hon. R. A. G. Dalla-Riva, MLC

Minister for Health and Minister for Ageing...... The Hon. D. M. Davis, MLC

Minister for Sport and Recreation, and Minister for Veterans’ Affairs . . . . The Hon. H. F. Delahunty, MP

Minister for Education...... The Hon. M. F. Dixon, MP

Minister for Planning...... The Hon. M. J. Guy, MLC

Minister for Higher Education and Skills, and Minister responsible for the Teaching Profession...... The Hon. P. R. Hall, MLC

Minister for Multicultural Affairs and Citizenship...... The Hon. N. Kotsiras, MP

Minister for Housing, and Minister for Children and Early Childhood Development...... The Hon. W. A. Lovell, MLC

Minister for Corrections, Minister for Crime Prevention and Minister responsible for the establishment of an anti-corruption commission . . . The Hon. A. J. McIntosh, MP

Minister for Public Transport and Minister for Roads...... The Hon. T. W. Mulder, MP

Minister for Ports, Minister for Major Projects, Minister for Regional Cities and Minister for Racing...... The Hon. D. V. Napthine, MP

Minister for Gaming, Minister for Consumer Affairs, and Minister for Energy and Resources...... The Hon. M. A. O’Brien, MP

Minister for Local Government and Minister for Aboriginal Affairs...... The Hon. E. J. Powell, MP

Assistant Treasurer, Minister for Technology and Minister responsible for the Aviation Industry...... The Hon. G. K. Rich-Phillips, MLC

Minister for Environment and Climate Change, and Minister for Youth Affairs...... The Hon. R. Smith, MP

Minister for Agriculture and Food Security, and Minister for Water...... The Hon. P. L. Walsh, MP

Minister for Mental Health, Minister for Women’s Affairs and Minister for Community Services...... The Hon. M. L. N. Wooldridge, MP

Cabinet Secretary...... Mr D. J. Hodgett, MP

Legislative Assembly committees

Privileges Committee — Ms Barker, Mr Clark, Ms Green, Mr McIntosh, Mr Morris, Dr Napthine, Mr Nardella, Mr Pandazopoulus and Mr Walsh.

Standing Orders Committee — The Speaker, Ms Allan, Ms Barker, Mr Brooks, Mrs Fyffe, Mr Hodgett, Mr McIntosh and Mrs Powell.

Joint committees

Dispute Resolution Committee — (Assembly): Ms Allan, Mr Clark, Ms Hennessy, Mr Holding, Mr McIntosh, Dr Napthine and Mr Walsh. (Council): Mr D. Davis, Mr Hall, Mr Lenders, Ms Lovell and Ms Pennicuik. Drugs and Crime Prevention Committee — (Assembly): Mr Battin and Mr McCurdy. (Council): Mr Leane, Mr Ramsay and Mr Scheffer. Economic Development and Infrastructure Committee — (Assembly): Mr Burgess, Mr Foley, Mr Noonan and Mr Shaw. (Council): Mrs Peulich. Education and Training Committee — (Assembly): Mr Crisp, Ms Miller and Mr Southwick. (Council): Mr Elasmar and Ms Tierney. Electoral Matters Committee — (Assembly): Ms Ryall and Mrs Victoria. (Council): Mr Finn, Mr Somyurek and Mr Tarlamis. Environment and Natural Resources Committee — (Assembly): Mr Bull, Ms Duncan, Mr Pandazopoulos and Ms Wreford. (Council): Mr Koch. Family and Community Development Committee — (Assembly): Mrs Bauer, Ms Halfpenny, Mr McGuire and Mr Wakeling. (Council): Mrs Coote and Ms Crozier. House Committee — (Assembly): The Speaker (ex officio), Ms Beattie, Ms Campbell, Mrs Fyffe, Ms Graley, Mr Wakeling and Mr Weller. (Council): The President (ex officio), Mr Drum, Mr Eideh, Mr Finn, Ms Hartland, and Mr P. Davis. Law Reform Committee — (Assembly): Mr Carbines, Ms Garrett, Mr Newton-Brown and Mr Northe. (Council): Mrs Petrovich. Outer Suburban/Interface Services and Development Committee — (Assembly): Ms Graley, Ms Hutchins and Ms McLeish. (Council): Mrs Kronberg and Mr Ondarchie. Public Accounts and Estimates Committee — (Assembly): Mr Angus, Ms Hennessey, Mr Morris and Mr Scott. (Council): Mr P. Davis, Mr O’Brien and Mr Pakula. Road Safety Committee — (Assembly): Mr Languiller, Mr Perera, Mr Tilley and Mr Thompson. (Council): Mr Elsbury. Rural and Regional Committee — (Assembly): Mr Howard, Mr Katos, Mr Trezise and Mr Weller. (Council): Mr Drum. Scrutiny of Acts and Regulations Committee — (Assembly): Ms Campbell, Mr Eren, Mr Gidley, Mr Nardella and Mr Watt. (Council): Mr O’Brien and Mr O’Donohue.

Heads of parliamentary departments

Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Parliamentary Services — Secretary: Mr P. Lochert

MEMBERS OF THE LEGISLATIVE ASSEMBLY FIFTY-SEVENTH PARLIAMENT — FIRST SESSION Speaker: The Hon. K. M. SMITH Deputy Speaker: Mrs C. A. FYFFE Acting Speakers: Ms Beattie, Mr Blackwood, Mr Burgess, Ms Campbell, Mr Eren, Mr Languiller, Mr Morris, Mr Nardella, Mr Northe, Mr Pandazopoulus, Dr Sykes, Mr Thompson, Mr Tilley, Mrs Victoria and Mr Weller. Leader of the Parliamentary Liberal Party and Premier: The Hon. E. N. BAILLIEU Deputy Leader of the Parliamentary Liberal Party: The Hon. LOUISE ASHER Leader of The Nationals and Deputy Premier: The Hon. P. J. RYAN Deputy Leader of The Nationals: The Hon. P. L. WALSH Leader of the Parliamentary Labor Party and Leader of the Opposition: The Hon. D. M. ANDREWS Deputy Leader of the Parliamentary Labor Party and Deputy Leader of the Opposition: The Hon. R. J. HULLS

Member District Party Member District Party Allan, Ms Jacinta Marie Bendigo East ALP Lim, Mr Muy Hong Clayton ALP Andrews, Mr Daniel Michael Mulgrave ALP McCurdy, Mr Timothy Logan Murray Valley Nats Angus, Mr Neil Andrew Warwick Forest Hill LP McGuire, Mr Frank 2 Broadmeadows ALP Asher, Ms Louise Brighton LP McIntosh, Mr Andrew John Kew LP Baillieu, Mr Edward Norman Hawthorn LP McLeish, Ms Lucinda Gaye Seymour LP Barker, Ms Ann Patricia Oakleigh ALP Madden, Mr Justin Mark Essendon ALP Battin, Mr Bradley William Gembrook LP Merlino, Mr James Anthony Monbulk ALP Bauer, Mrs Donna Jane Carrum LP Miller, Ms Elizabeth Eileen Bentleigh LP Beattie, Ms Elizabeth Jean Yuroke ALP Morris, Mr David Charles Mornington LP Blackwood, Mr Gary John Narracan LP Mulder, Mr Terence Wynn Polwarth LP Brooks, Mr Colin William Bundoora ALP Napthine, Dr Denis Vincent South-West Coast LP Brumby, Mr John Mansfield 1 Broadmeadows ALP Nardella, Mr Donato Antonio Melton ALP Bull, Mr Timothy Owen Gippsland East Nats Neville, Ms Lisa Mary Bellarine ALP Burgess, Mr Neale Ronald Hastings LP Newton-Brown, Mr Clement Arundel Prahran LP Campbell, Ms Christine Mary Pascoe Vale ALP Noonan, Mr Wade Mathew Williamstown ALP Carbines, Mr Anthony Richard Ivanhoe ALP Northe, Mr Russell John Morwell Nats Clark, Mr Robert William Box Hill LP O’Brien, Mr Michael Anthony Malvern LP Crisp, Mr Peter Laurence Mildura Nats Pallas, Mr Timothy Hugh Tarneit ALP D’Ambrosio, Ms Liliana Mill Park ALP Pandazopoulos, Mr John Dandenong ALP Delahunty, Mr Hugh Francis Lowan Nats Perera, Mr Jude Cranbourne ALP Dixon, Mr Martin Francis Nepean LP Pike, Ms Bronwyn Jane Melbourne ALP Donnellan, Mr Luke Anthony Narre Warren North ALP Powell, Mrs Elizabeth Jeanette Shepparton Nats Duncan, Ms Joanne Therese Macedon ALP Richardson, Ms Fiona Catherine Alison Northcote ALP Edwards, Ms Janice Maree Bendigo West ALP Ryall, Ms Deanne Sharon Mitcham LP Eren, Mr John Hamdi Lara ALP Ryan, Mr Peter Julian Gippsland South Nats Foley, Mr Martin Peter Albert Park ALP Scott, Mr Robin David Preston ALP Fyffe, Mrs Christine Ann Evelyn LP Shaw, Mr Geoffrey Page Frankston LP Garrett, Ms Jane Furneaux Brunswick ALP Smith, Mr Kenneth Maurice Bass LP Gidley, Mr Michael Xavier Charles Mount Waverley LP Smith, Mr Ryan Warrandyte LP Graley, Ms Judith Ann Narre Warren South ALP Southwick, Mr David James Caulfield LP Green, Ms Danielle Louise Yan Yean ALP Sykes, Dr William Everett Benalla Nats Halfpenny, Ms Bronwyn Thomastown ALP Thompson, Mr Murray Hamilton Ross Sandringham LP Helper, Mr Jochen Ripon ALP Thomson, Ms Marsha Rose Footscray ALP Hennessy, Ms Jill Altona ALP Tilley, Mr William John Benambra LP Herbert, Mr Steven Ralph Eltham ALP Trezise, Mr Ian Douglas Geelong ALP Hodgett, Mr David John Kilsyth LP Victoria, Mrs Heidi Bayswater LP Holding, Mr Timothy James Lyndhurst ALP Wakeling, Mr Nicholas Ferntree Gully LP Howard, Mr Geoffrey Kemp Ballarat East ALP Walsh, Mr Peter Lindsay Swan Hill Nats Hulls, Mr Rob Justin Niddrie ALP Watt, Mr Graham Travis Burwood LP Hutchins, Ms Natalie Maree Sykes Keilor ALP Weller, Mr Paul Rodney Nats Kairouz, Ms Marlene Kororoit ALP Wells, Mr Kimberley Arthur Scoresby LP Katos, Mr Andrew South Barwon LP Wooldridge, Ms Mary Louise Newling Doncaster LP Knight, Ms Sharon Patricia Ballarat West ALP Wreford, Ms Lorraine Joan Mordialloc LP Kotsiras, Mr Nicholas Bulleen LP Wynne, Mr Richard William Richmond ALP Languiller, Mr Telmo Ramon Derrimut ALP

1 Resigned 21 December 2010 2 Elected 19 February 2011

CONTENTS

TUESDAY, 30 AUGUST 2011 Parkmore Primary School: principal for a day...... 2867 Biotechnology: government initiatives...... 2867 CONDOLENCES Mike Morris ...... 2867 Karen Marie Overington ...... 2823 Youth: Frankston round table ...... 2867 DISTINGUISHED VISITORS...... 2850 Gippsland Business Awards ...... 2867 Cultural Association Violeta Parra: QUESTIONS WITHOUT NOTICE 24th anniversary...... 2868 Victorian certificate of applied learning: Melba Community Recovery Committee: funding...... 2850, 2852, 2853, 2855, 2856 community hall ...... 2868 Employment: growth...... 2851 Strath Creek: hall renovation...... 2868 Employment: regional and rural Victoria...... 2853 Peter Dillon...... 2869 Employment: government initiatives ...... 2854 Rock Eisteddfod Challenge: funding...... 2869, 2871 Economy: government initiatives ...... 2855 Ballarat South Community Learning Precinct, Dangerous dogs: control ...... 2856, 2857 Redan campus: principal for a day...... 2869 SUSPENSION OF MEMBER Mildura Masters Games...... 2870 Member for Lara...... 2857 Geelong Road, Mount Helen: pedestrian ELECTRONIC TRANSACTIONS (VICTORIA) crossing...... 2870 AMENDMENT BILL 2011 Ballarat Health Services: board appointments...... 2870 Introduction and first reading...... 2857 Chelsea Heights Football Club: fundraising DRUGS, POISONS AND CONTROLLED events...... 2870 SUBSTANCES AMENDMENT (PROHIBITION OF Carrum Surf Life Saving Club: funding ...... 2871 DISPLAY AND SALE OF CANNABIS WATER Rail: Frankston line...... 2871 PIPES) BILL 2011 Rock Eisteddfod Challenge: Eltham electorate ...... 2871 Introduction and first reading...... 2858 Bentleigh Bowling Club: 67th anniversary...... 2871 EXTRACTIVE INDUSTRIES (LYSTERFIELD) Tarnagulla: speed limits...... 2872 AMENDMENT BILL 2011 Mental health: patient details...... 2872 Introduction and first reading...... 2858 Children: Take a Break program ...... 2872 GAMBLING REGULATION AMENDMENT Swifts Creek Football Club: premiership...... 2872 (LICENSING) BILL 2011 Joseph Epstein Centre for Emergency Medicine Introduction and first reading...... 2858 Research...... 2872 DOMESTIC ANIMALS AMENDMENT (RESTRICTED Chadstone Synners: premiership...... 2873 BREEDS) BILL 2011 St Dominic’s Primary School, Camberwell East: Introduction and first reading...... 2858 member visit...... 2873 Statement of compatibility...... 2858 Katalin Hadju...... 2873 Second reading...... 2859, 2873 Burwood District Bowls Club: greens opening ...... 2873 Third reading...... 2877 David Woolcock...... 2873 PETITIONS ADJOURNMENT Schools: Kyneton...... 2860 Dartmouth pondage: access...... 2877 Plumbing industry: compliance certificates...... 2861 Roads: Ballarat East electorate ...... 2878 Electricity: smart meters...... 2861 Bushfires: fuel reduction...... 2878 Ovens College hall, Wangaratta: future...... 2861 Victorian certificate of applied learning: Schools: Coburg...... 2861 funding ...... 2879 SCRUTINY OF ACTS AND REGULATIONS East Gippsland: health forum ...... 2880 COMMITTEE Plumbing industry: compliance certificates...... 2880 Alert Digest No. 9...... 2862 Parkdale Secondary College: joint-use facility ...... 2881 DOCUMENTS ...... 2862 Buses: route 562 ...... 2881 Schools: Prahran electorate...... 2882 ROYAL ASSENT...... 2863 Planning: Ivanhoe structure plan...... 2882 APPROPRIATION MESSAGES ...... 2863 Responses...... 2883 BUSINESS OF THE HOUSE Program ...... 2863 MEMBERS STATEMENTS WEDNESDAY, 31 AUGUST 2011 Caitlin Caruso...... 2866 Commonwealth Women Parliamentarians of BUSINESS OF THE HOUSE Australia: forum...... 2866 Notices of motion: removal...... 2887 Manchester Primary School: bicycle parking...... 2866 PETITIONS Victorian certificate of applied learning: Electricity: smart meters...... 2887 funding...... 2866 Western Region Health Centre: dental service St Edward’s Anglican Church, Blackburn funding ...... 2887 South: art show ...... 2867 Bass Highway–Hade Avenue, Bass: safety...... 2887

CONTENTS

Schools: Coburg...... 2887 Ombudsman: elected representative conduct ...... 2928 Bacchus Marsh: Avenue of Honour...... 2888 Road safety: traffic cameras...... 2930 Buses: Kinglake service ...... 2888 ROAD SAFETY CAMERA COMMISSIONER Whittlesea-Yea Road: safety ...... 2888 BILL 2011 Planning: Attwood green wedge...... 2888 Second reading...... 2938 DOCUMENTS...... 2889 HEALTH PRACTITIONER REGULATION NATIONAL MEMBERS STATEMENTS LAW (VICTORIA) AMENDMENT BILL 2011 Wantirna College: principal for a day ...... 2889 Second reading...... 2952 Victorian certificate of applied learning: TRANSPORT LEGISLATION AMENDMENT (PUBLIC funding...... 2889, 2892 TRANSPORT SAFETY) BILL 2011 Australian World Orchestra ...... 2889 Second reading...... 2962, 2987 Australian Ballet: program...... 2889 DRUGS, POISONS AND CONTROLLED Children: Take a Break program...... 2890, 2891 SUBSTANCES AMENDMENT (PROHIBITION OF Elisa Sharp ...... 2890 DISPLAY AND SALE OF CANNABIS WATER Planning: Ivanhoe structure plan ...... 2890 PIPES) BILL 2011 Major events: government initiatives...... 2891 Statement of compatibility...... 2974 Buses: Kinglake service ...... 2891 Second reading...... 2974 Wimmera: branding campaign...... 2891 ELECTRONIC TRANSACTIONS (VICTORIA) Science Week ...... 2892 AMENDMENT BILL 2011 Science: Bio 21 specialist school...... 2892 Statement of compatibility...... 2976 Planetarium: ministerial visit ...... 2892 Second reading...... 2976 Rosebud: aquatic centre...... 2892 EXTRACTIVE INDUSTRIES (LYSTERFIELD) Todd Blake...... 2893 AMENDMENT BILL 2011 Cycling: Scody Cup...... 2893 Statement of compatibility...... 2978 Wangaratta: men’s shed ...... 2893 Second reading...... 2978 Daffodil Day...... 2893 GAMBLING REGULATION AMENDMENT Max Bussell ...... 2893 (LICENSING) BILL 2011 Planning: St Kilda development ...... 2893 Statement of compatibility...... 2980 Sandringham electorate: lifesaving clubs...... 2894 Second reading...... 2985 Pat Mutimer...... 2894 ADJOURNMENT International students: achievements ...... 2894 Victorian certificate of applied learning: Timber industry: protests ...... 2894 funding ...... 2993 Wind farms: government policy...... 2895 Seville Community House: funding ...... 2993 National Tree Day...... 2895 Community sector: wages...... 2994 Mordialloc Life Saving Club: committee...... 2895 Water: Sunraysia modernisation project ...... 2994 Teachers: laptop computers...... 2895 Housing: Narre Warren North electorate Bellbrae Primary School: 150th anniversary...... 2896 constituent...... 2995 Cadel Evans...... 2896 Small business: environmental initiatives ...... 2995 Sunbury: 175th anniversary...... 2896 Ballarat Regional Multicultural Council: Sunbury fire brigade: centenary ...... 2896 funding ...... 2996 GRIEVANCES Wangaratta Festival of Jazz and Blues: funding .....2996 Former government: performance ...... 2896, 2901, 2911 Planning: city of Wyndham ...... 2997 Road safety: government performance...... 2899 Edithvale Primary School: pedestrian crossing...... 2998 Government: performance...... 2904, 2909 Responses ...... 2998 Former government: contaminated site ...... 2906 Liberal Party: political activity...... 2913

STATEMENTS ON REPORTS THURSDAY, 1 SEPTEMBER 2011 Public Accounts and Estimates Committee: NOTICES OF MOTION ...... 3003 budget estimates 2011–12 (part 1) .. 2916, 2917, 2918 SENTENCING LEGISLATION AMENDMENT BUSINESS OF THE HOUSE (ABOLITION OF HOME DETENTION) BILL 2011 Notices of motion: removal...... 3004 Second reading...... 2919, 2931 Adjournment...... 3008 QUESTIONS WITHOUT NOTICE PETITIONS Road safety: government performance...... 2923 Ballarat base hospital: helipad ...... 3004 Council of Australian Governments: meeting ...... 2924 Tarnagulla: speed limits ...... 3004 Planning: green wedge logical inclusions...... 2925 Children: Take a Break program ...... 3004 Industrial relations: union activity...... 2926 Wedge–Frankston-Dandenong roads, Carrum Member for Frankston: conduct...... 2927, 2928, 2930 Downs: traffic management ...... 3005 North–south pipeline: protester surveillance ...... 2927 Gaming: scoreboard promotion...... 3005

CONTENTS

Schools: Coburg...... 3005 Renewable energy: government initiatives ...... 3046 Casey Hospital: funding...... 3005 NORWAY: MASSACRES...... 3055 Essendon Keilor College: upgrade...... 3006 HEALTH PRACTITIONER REGULATION NATIONAL Ouyen P–12 College: funding ...... 3006 LAW (VICTORIA) AMENDMENT BILL 2011 Electricity: smart meters...... 3006 Second reading ...... 3058 Churinga Employment Support Services: future...... 3006 Third reading ...... 3058 ENVIRONMENT AND NATURAL RESOURCES TRANSPORT LEGISLATION AMENDMENT (PUBLIC COMMITTEE TRANSPORT SAFETY) BILL 2011 Environment effects statement process in Second reading ...... 3058 Victoria...... 3007 Third reading ...... 3058 DOCUMENTS ...... 3007 ADJOURNMENT ROYAL ASSENT...... 3007 Westbreen Primary School: funding ...... 3059 LAW REFORM COMMITTEE Mount Eliza: Crown land ...... 3059 Reference...... 3007 Government: procurement policy...... 3060 MEMBERS STATEMENTS Cardinia Road–Princes Highway, Pakenham: Lesley Arthur...... 3008 upgrade...... 3060 Fr John Carnie...... 3008 Government: consultancies ...... 3061 Melbourne Airport: achievements...... 3008 Sport and recreation: Rodney electorate ...... 3061 Soccer: Shepparton facilities ...... 3009 Family violence: Keilor electorate...... 3062 Sherbrooke Community School: principal for a Jordan Reserve, Chadstone: security upgrade ...... 3062 day ...... 3009 Planning: green wedge logical inclusions ...... 3063 Todd Blake...... 3010 Carbon tax: small business...... 3064 Essendon Keilor College: funding...... 3010 Responses...... 3064 Ouyen P–12 College: funding ...... 3010 John Mahoney...... 3010 QUESTIONS ON NOTICE Victorian certificate of applied learning: funding...... 3011 TUESDAY, 30 AUGUST 2011 World Veterinary Year...... 3011 Government: election commitments ...... 3011 110. Consumer affairs: cord safety kits ...... 3069 Multicultural affairs: settlement coordination 127(af). Public transport: ministerial visits — unit...... 3012 shire of Macedon Ranges...... 3070 Oakleigh Cannons Football Club: premiership...... 3012 127(aj). Roads: ministerial visits — shire of Wind farms: government policy...... 3012 Macedon Ranges...... 3070 Crime: community safety partnership ...... 3013 148(af). Public transport: women on boards, Firewood: collection permits...... 3013 councils and committees ...... 3071 School buses: Echuca...... 3013 148(aj). Roads: women on boards, councils and Broadmeadows electorate: infrastructure committees...... 3071 strategy...... 3013 184(c). Public transport: rail — Balaclava Prisons: condoms...... 3014 station ...... 3071 Trams: disability compliance...... 3014 185(c). Public transport: planning approval — Tom Wilcox...... 3015 Victorian Civil and Administrative ROAD SAFETY CAMERA COMMISSIONER Tribunal...... 3072 BILL 2011 265(b). Major projects: Beacon Cove and Second reading...... 3015, 3058 Princes Pier...... 3072 Third reading...... 3059 281. Education: Pearcedale Primary SENTENCING LEGISLATION AMENDMENT School — funding...... 3074 (ABOLITION OF HOME DETENTION) BILL 2011 305. Multicultural affairs and citizenship: Second reading...... 3031, 3047, 3056 community groups — funding...... 3075 Circulated amendments ...... 3058 306. Multicultural affairs and citizenship: Third reading...... 3058 community groups — funding...... 3075 QUESTIONS WITHOUT NOTICE 307. Multicultural affairs and citizenship: Police: enterprise bargaining...... 3040 community groups — funding...... 3075 Ned Kelly: skeletal remains ...... 3040 308. Multicultural affairs and citizenship: Government: freedom of information...... 3041, 3042 community groups — funding...... 3075 Employment: regional and rural Victoria...... 3041 371(c). Planning: fees, charges, taxes, levies Roads: regional and rural Victoria ...... 3043 and other costs...... 3076 Government: consultancies...... 3043 371(d). Aboriginal affairs: fees, charges, taxes, Port of Melbourne: performance...... 3045 levies and other costs ...... 3076 Member for Frankston: conduct...... 3046

CONTENTS

371(f). Bushfire response: fees, charges, taxes, levies and other costs...... 3077 371(s). Innovation, services and small business: fees, charges, taxes, levies and other costs...... 3077 371(u). Local government: fees, charges, taxes, levies and other costs...... 3078 371(z). Multicultural affairs and citizenship: fees, charges, taxes, levies and other costs...... 3078 371(am). Tourism and major events: fees, charges, taxes, levies and other costs...... 3079

MEMBERS INDEX...... i

CONDOLENCES

Tuesday, 30 August 2011 ASSEMBLY 2823

Tuesday, 30 August 2011 gardens of the city but also by expanding into other forms of entertainment and performing arts. The SPEAKER (Hon. Ken Smith) took the chair at 2.05 p.m. and read the prayer. At the 1999 state election Karen was elected as the member for Ballarat West and was the first woman to represent that seat. She held the seat successfully at the CONDOLENCES next two elections, increasing her margin substantially — and of course that is the best measure Karen Marie Overington of a well-regarded local member. During her time in this chamber Karen was in the fortunate situation of Mr BAILLIEU (Premier) — I move: always serving on the government side of the house. That this house expresses its sincere sorrow at the death of Karen Marie Overington and places on record its Karen Overington was a diligent local member and acknowledgement of the valuable services rendered by her to involved herself in a range of issues, especially those the Parliament and the people of Victoria as member of the relating to equality and social justice. Indeed that was a Legislative Assembly for the electoral district of Ballarat theme in her first speech in this place in November West from 1999 to 2010. 1999. Those of us who joined the Parliament in Karen Overington was born in Ballarat on November 1999 remember each other’s speeches well. 16 November 1951 to Charlie and Maureen Brown. At that time she said: She was educated at Sacred Heart College in Ballarat I grew up in a household where issues of equality and social and, as this house knows, she spent her adult life justice were part of regular discussions. working for the Ballarat and wider local community. The values she learnt at the kitchen table were values In December 1970 Karen married Brian Overington that Karen Overington held strongly in her subsequent and together they had two children, Brett and Shae. She local government and state parliamentary careers. In contributed to the running of the family’s successful 2002 she was appointed chair of the Ministerial trucking business. As well as taking part in the usual Advisory Committee on Women’s Housing. She was joys and responsibilities of bringing up a family, Karen also prominent in encouraging women to stand for became increasingly involved in the activities of the elected office not just in the ALP but generally. Karen local community and charitable organisations. Karen’s was a driving force behind the establishment of the first steps into politics were taken in the late 1970s, Wendouree West community renewal program, which when she joined a group to campaign for more was designed to rebuild a disconnected community and resources for children’s education. She was improve the sense of community confidence and pride instrumental in setting up playgroups and kindergartens of local residents. She often remarked that this was a in Sebastopol. She volunteered in the campaign office personal highlight of her public career. She was a of the then state member for Ballarat South, Frank strong advocate for the development of Ballarat base Sheehan. As a young mum she worked as an electorate hospital and a tenacious champion of public transport in officer from 1984 to 1992 and was a welfare worker Ballarat, especially rail services. with Outreach between 1994 and 1999. It is one of the unfairnesses of life that someone who I understand she joined the Australian Labor Party in worked so hard putting others first should have faced 1982 and held various positions in the organisation, such personal challenges. Firstly her husband, Brian, including the office of branch president, and she was a became ill, and sadly he passed away in 2009. Then delegate to the state conference. In 1982 at the age of Karen herself was diagnosed with cancer. She fought 32 she successfully stood for election to the Sebastopol bravely and refused for a long time to let her illness Borough Council, and she remained a councillor there impede her continuing work in the local community for 12 years. Karen served as a well-regarded mayor of and, as we all know in this chamber, in this Legislative the borough from 1990 to 1991. In 1994 the borough Assembly. However, that illness took its toll, and she was amalgamated with several other councils to create decided to retire at the 2010 election. It was an the new Ballarat City Council. Karen stood for election emotional moment for all of us on 7 October last year to the new Ballarat council in 1996 and was successful, when Karen was unable to give her valedictory speech serving until 1999. in this place, and it was instead delivered by the then Premier, John Brumby. For many years she was chair of the Ballarat Begonia Festival. She encouraged that popular event to spread The Ballarat Courier was filled with columns and its appeal not only by highlighting the wonderful columns of tribute notices for Karen Overington. They

CONDOLENCES

2824 ASSEMBLY Tuesday, 30 August 2011 were from organisations and private individuals whose I think those words sum up Karen Overington. She was lives she had touched. That newspaper succinctly an extraordinary politician, somebody respected, described Karen as one of Ballarat’s most adored revered and strongly supported at the ballot box by her community members and ‘a political force for good’. local community. She did not seek high office. She did not seek the accolades and the acclaim of those around But most importantly today our thoughts are with her, her neighbours, the community that she so well Karen’s children, who have lost both of their parents in served or those where she lived. She simply sought to such a short space of time. The words of her son, Brett, get on with it, to call it as it was. She sought to support summed up the unpretentious, grassroots sort of person those less fortunate, to fight against injustice and Karen Overington was when he said last week, as intolerance, to fight for a fair go and to battle for the reported in the Ballarat Courier: battlers.

She was just your typical mum … She may have been in the She was proud of who she was. On the day we learnt of council or in politics, but she attended every school concert, every parent-teacher interview and every sporting event. She Karen’s passing I noted to my assembled colleagues at fitted it all in. a caucus function that she was the rarest of things: a politician without pretence. She was hard working and Karen Overington died on 11 August this year. Anyone proud of her community and all that she had achieved, who served in this house with Karen Overington knew but she had no pretence at all; she was as she was. She one thing about her: she was passionate about her knew her strengths: a healthy appreciation of family, passionate about her party, passionate about her self-awareness — the rarest of gifts — a healthy community, passionate about Ballarat and passionate appreciation of areas where she might improve and a about her state. great worth ethic. The combination of those things are what led her to be such an effective and passionate To Shae and Brett, to their partners, Dean and Lisa, and advocate for her local community. Steve Bracks’s to Karen’s four grandchildren, Sarah, Ebony, Rhys and words ring true today. Ellie, we offer our sincere sympathies at this time. We also express our sympathies to the family on the death As the Premier has noted, Karen was born in Ballarat in of Karen’s mother-in-law, Pearl Overington, who died 1951, where she lived her whole life in the service of recently at the age of 90. Her funeral was held in others. She was married to Brian and blessed with two Ballarat this morning. Karen’s children attended the children, Brett and Shae, and four grandchildren. As I funeral, and I understand Brett and his family have have said, Karen was very proud of her working-class stayed in Ballarat. Shae and her children are here with roots; she was a true Labor stalwart. In her first speech us; Shae’s husband has not been able to make it today. in this place, which the Premier has referred to, Karen These are extraordinary circumstances. We express our noted that she grew up in a house where equality and deepest sympathies. social justice were topics of regular discussion. It was upon these foundations that she built a life working to They can be very proud of their mother and support and help others, particularly those less grandmother. In her first speech in this place Karen fortunate. Overington said: In the late 1970s Karen started working for the then As a community we are all diminished by … significant disadvantage among us. member for Ballarat South, Frank Sheehan, and it was here she took her first steps into a very accomplished We are just as diminished by the loss of a political career and a life in the Labor movement. She compassionate servant of the people of Ballarat and the enjoyed working as a local councillor and was very state of Victoria. proud of her achievements in that tier of government, serving 16 years at the Borough of Sebastopol and at Mr ANDREWS (Leader of the Opposition) — It is the amalgamated City of Ballarat. I know Karen was with great sadness that I follow the Premier in this immensely proud — and so were her family and reflection on the life and the good work of a good friends — to have served as mayor of the borough and, friend and colleague, Karen Overington. in terms of the elevation of women in local government, to have been someone to make history not I begin by quoting former Premier Steve Bracks, who just in Ballarat but in regional Victoria. Karen said that said of Karen: being a councillor was very important to her. She She would put her shoulder to the wheel, but would not ask valued it because it allowed her to help ordinary people for recognition in return. She was a battler and a fighter for with ordinary problems; it was all about working hard people who needed support. in order to make their life better. Karen spent 16 years

CONDOLENCES

Tuesday, 30 August 2011 ASSEMBLY 2825 in local government providing a strong service. I think without the passionate advocacy, the ferocious and it is as much for her great work in local government fearsome advocacy, of the then member for Ballarat that Karen is fondly remembered as it is for her West. She was a very strong advocate for that project, contribution here, which I will come to in a moment. and she was, not in a showy or a flashy way, deadset proud of what they were all able to achieve together. As As Karen continued her passion in the community in I said, she saw it not so much as being about social many different roles we on this side of the house were inclusion and all the other government-speak, as you very pleased that in 1999 she was chosen with strong might call it — she would not have used those terms — support as our candidate for the seat of Ballarat West. but as being about a fair go and about good Labor As part of the class of 1999 that saw the parliamentary governments doing good work and providing a fair go Labor Party return to office, Karen won a great victory for people who need that extra support and that extra that saw the beginning of a time of great prosperity in help. It is a shining example of her commitment and her her city and her region and indeed across regional and passion, and it will stand as an important legacy to her rural Victoria. As a member of that class of 1999 she contribution in that part of her local community. was very committed to making sure she repaid the great debt she owed her local community, and she worked Karen was also passionate about women’s rights and hard every day to reward and repay all those locals who was very proud to be the first Labor member and the had supported her so strongly to give her the great first woman to represent her electorate, and indeed the honour of serving in this place. Karen valued her city: first woman to represent Ballarat in this Parliament. She she was passionate about Ballarat, Ballarat West and all was chair of the Ministerial Advisory Committee on its different communities, and as a member of our Women’s Housing, as I think the Premier noted, and country caucus she was passionate about regional she also had a strong set of values around other issues Victoria. She wasted no time in getting right down to of empowerment for women, particularly those less work in improving services and supports and fortunate, those who had struggled and those who had advocating passionately on behalf of her electorate and arrived in very difficult circumstances. Her views on the families and individuals who call that electorate women’s jails were very strong, as they were on a home. number of issues around corrections, family violence and intimate partner violence. She was very passionate Karen has many proud achievements — too many to about many of those issues. In her valedictory mention. At least two former housing ministers will speech — which, as the Premier noted, former Premier follow me to speak about Wendouree West — indeed John Brumby read into the record on Karen’s behalf — many of those who will follow me will speak about she said that the hardest thing about being in the Wendouree West — and I want to make a few Parliament was being away from her home and her comments about that. Then I want to talk for a moment family and that her family was always involved in what about other work that I had the great pleasure of doing she did. with Karen in relation to the Grampians Integrated Cancer Centre, which was a project that was dear to Family was so very important to her. All of us who had both our hearts, but she had a real interest in it. the privilege of serving with her had a really strong appreciation of that. Her kids and her grand-kids were Many have said that the Wendouree West community very important to her. Brian was very important to her. renewal project was her crowning achievement. This is She was blessed that her life partner, her husband, was a fantastic project. It is all about what we would also her best friend. I think all of us know that a little bit perhaps term community capacity building or social of Karen, perhaps a lot of Karen, passed away when inclusion. I do not think Karen would have used those Brian went, and it made those last couple of years terms. What Karen would have said was that it was incredibly difficult for her. As the Premier noted, it is a about a fair go for decent people and about making sure great blow to the Overington family to have lost both that you give people all the tools and support they need Brian and Karen in such a short period of time, and to to be proud of themselves and their community, and to have the tragedy of Pearl’s passing as well. But family be safe and secure. The Wendouree West community was very important to Karen — not just her own renewal project is all about hope and real renewal. family. We have seen many media reports in recent weeks, including one under the heading ‘Overington I do not think former ministerial colleagues will mind worked behind the scenes — Angel of Sebastopol’. my saying — and I know former Premier Bracks would Family was a broader concept for her. Her community not mind my saying it — that as inherently beneficial as and her electorate was her family in so many ways. it is to those families both now and into the future, I do Family was a real building block for her, and she was not think that project would have been achieved very proud of her kids and her grand-kids, very proud

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2826 ASSEMBLY Tuesday, 30 August 2011 of their trucking business and very proud of what she Ballarat and the region could do much worse than and Brian and her family had built. Perhaps that is what through their hospital board and their government seek in some ways motivated her to support so many other to name that regional cancer centre after its true families to enjoy similar opportunities. champion. For that centre to be known as the Karen Overington regional cancer centre would be a fantastic I mentioned the Ballarat regional cancer centre. Many tribute to a fantastic person, a true Labor person. I said members will know that back in 2002, under the at Karen’s funeral that Karen was Ballarat through and auspices of Austin Health, radiation oncology, or through and when asked questions by the media she radiotherapy, was brought to the city of Ballarat so that was Labor through and through. She never forgot patients could get their cancer care close to home and where she came from because she never left there. She would not have to leave Ballarat. With both economic was very proud of her community and its people and and population growth in the city of Ballarat and the was honoured, pleased and proud to be their champion, broader region, together with an ageing population and to be the battlers’ battler. There is perhaps no better really important improvements in radiation and medical way to sum her up and to sum up her contribution than and surgical oncology, there was a need for a new in those terms. cancer centre which would go beyond the services at St John of God Health Care which had one There is much more I could say. I know many of my radiotherapy machine and one linear accelerator. There colleagues will speak about their own memories, their needed to be a bigger, broader, purpose-built, true own experiences and the different ways in which they regional cancer centre. I can remember many occasions think of Karen and her fantastic contribution. I will just when Karen Overington would beat a path to my door conclude by saying that Karen Overington’s life was as the then Minister for Health. She was a fearsome one lived in the service of others. Karen was a great advocate. She never struggled to make herself servant of our party and a great servant of the people of understood — never. I was a backer of this project, and Ballarat West. Her family can be proud of all that she I almost needed to get out of the way to allow her to achieved and of her inherent honesty, her integrity and lobby many of my other colleagues. her truthfulness to herself, those she grew up with and the community she was part of. She was as she was, This is a great legacy, a great project, and so many and that is perhaps why she was so strongly supported cancer patients and their families in Ballarat and the by her neighbours and her community at the 1999, broader Grampians area will benefit from this centre 2002 and 2006 polls. once it is built. It is a partnership — that is also fitting when speaking of Karen — with $13 million from the Finally, to Shae and Brett and their families and to state government and $42 million from the federal many others who were very close to Karen: you and we government. This purpose-built facility will provide are immensely proud of all that Karen achieved. The oncology services and an expanded radiotherapy great city of Ballarat is a much fairer and much stronger service. It will also be about wellness, with new, place for the mighty contribution that Karen Overington cutting-edge therapy and support — true, made. You have our deepest gratitude and our deepest comprehensive cancer care. Given Karen’s personal sympathies. Her work will never be forgotten. history and that of Brian, it is a great legacy from her. She was a passionate advocate for this project. Again I Mr RYAN (Minister for Police and Emergency would say that my job in securing funds for that project Services) — I rise to support the motion of condolence was made much easier because of the strong support of moved by the Premier and supported by the Leader of Karen Overington. Geoff Howard, the member for the Opposition. Karen Overington was only 59 years of Ballarat East, and others were also very strong age when she passed away on 11 August, and her loss, supporters, but Karen had a real and personal passion quite rightly, is mourned by all of us. She was elected for this project. in 1999 to represent the electorate of Ballarat West. She was the first woman to be elected in that role. She stood I raise this because it illustrates a series of experiences I aside at the election in 2010 after having served a total had in dealing with Karen that are appropriate to relate; of 11 years in this Parliament. it is what I think of when I think of her very strong lobbying. But I also raise it because I know there has Losing one of your own is always the worst form of been some discussion in recent weeks about how best loss, and for Karen’s family that is just so true. To Brett the Ballarat community can honour her legacy. I note and Shae, their respective partners and the four that there have been some media reports about some grandchildren whom she loved and adored, all of us open space being named in her honour, and that seems convey our sincerest condolences. fitting, but if I might humbly submit: the people of

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As has been observed by both the Premier and the Opposition referred to in passing today. One suspects Leader of the Opposition, the definition of the word they will have a common theme and will have due ‘family’ in these circumstances goes beyond the regard to her background and her ‘simple’ — and I use immediate family it might once have referred to. In that expression in the true definition of the word — Karen’s case the broader community was very much way of life. There was nothing complex about this lady. her family. The commentaries and notices I read What you saw was what you got. I have no doubt we through in the Ballarat Courier, which were posted by will hear much more this afternoon about the way in many different people from all walks of life, were an which she conveyed her very heartfelt views about a extraordinary tribute to a lady who contributed so much range of topics in the interests of those she represented. to the broader community that was her family. I also remember well the occasion in the chamber on I recognise and pay due accord to the decades of 7 October last year when the former Premier, John service she provided to her party, the Australian Labor Brumby, read her valedictory speech to this chamber. Party. As the Leader of the Opposition has indicated, Illness by then had well and truly claimed her, and she she made her way into the Labor Party from what was simply unable to come to the chamber to do it. were — and I think she would describe it as this — John Brumby read that speech, and I read it again this humble beginnings and a humble background. They morning. I say, with the very greatest respect, that I were features of her life that she carried into this place think Karen would have observed that she finished her and in her periods of public service throughout her time time in this place in the same way she started it — it in the public arena. She was by nature a humble person, was full of fire, it was very feisty and it made those but by the same token I can say from my experience of same basic points which were so fundamental to what her in this place, albeit on the other side of the house, she brought to this place. As I said, she was a lady of there was nothing humble about the feisty and great humility but enormous strength. We, as a sometimes fiery ways in which she put her case on Parliament, mourn her passing. issues which she felt very passionate about. The background she referred to in her inaugural speech in Mr HULLS (Niddrie) — As we have heard, November 1999 gave us an insight into the family life Ballarat is certainly a better place, Victoria is a better that imbued in Karen Overington the values which she place and all of us who worked with her are better brought to this place and which she protected and people as a result of the life and work of Karen enhanced over her years of service. Overington. As she said in her first speech in this place, having been elected as one of the many Labor members Before coming to the Parliament, Karen served for of the class of 1999, it was her belief in the ability of some 16 years in local government. Again, I have read government to transform our society that brought her to all of the material about Sebastopol and Wendouree Parliament. West, the contributions she made to those respective communities and the great pride with which she If a person needed help, she would certainly be the one represented those folk whose interests she brought to to help them. If she saw a problem, she wanted to get the council table. that problem fixed. If she saw disadvantage, she would want to do something about it. And if she saw an As we know she bore more than perhaps her fair share opportunity for her community, she would grab that of personal tragedy. The loss of her husband, Brian, opportunity so her community could benefit. I think I was a terrible blow to her. As the Leader of the can speak for all Labor MPs in the house when I say Opposition remarked, it made the struggles she endured that Karen represented everything that Labor stands for over the last couple of years all the harder. There was a and wants to achieve, and that is a fair go for all recent family death and a funeral today. One wonders Victorians. That is certainly what Labor is about and just how much the load should have to be. She bore her what Labor governments do, and that is why Karen was own illness with enormous strength and great dignity. I a key part of the success of the Bracks and Brumby am sure all of us who at different stages had the Labor governments. She was absolutely passionate opportunity of having a conversation with her in those about Labor; there is no doubt about that. I guess she last difficult weeks, months and years were inspired, to would not mind my saying it — she was not a big rap greater and lesser degrees, by the way in which she for Tories either! dealt with the lot that had been handed to her. She was a proud Ballarat person to the end. She was As different speeches are made today by those who born and educated in Ballarat and spent much of her knew her well, we will undoubtedly hear more adult life working in and for the broader Ballarat anecdotes of experiences of the type the Leader of the community. She saw and wanted to solve Ballarat’s

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2828 ASSEMBLY Tuesday, 30 August 2011 problems, and she wanted to praise its strengths and with her on that project. In the Ballarat Courier he said celebrate its many achievements. As we have heard, she that he admired the respect that Karen showed people in was a true Labor battler; proud of her working-class the Wendouree West community before, during and background and with a keen eye for social justice. after working on the program. He said: Whether she was working as a welfare officer, a local councillor or an MP, Karen’s motivation was simple: Karen knew this wasn’t about government programs. It was about building people up. She made the people of Wendouree she believed in social equity and fought hard to better West step out of their comfort zone and excel. She gave us the lives of every member of her local community. affirmation and taught us to have ability in ourselves. We realised we’re not no-hopers, we’re not dole bludgers, we’re This upbringing instilled in Karen a desire to, in her not druggies, we’re Wendouree West. words, set things right; to stand up for vulnerable and disenfranchised members of our society. It was this While Karen witnessed firsthand the effect commitment that triggered Karen’s first foray into disadvantage and insufficient community services had political activism. As the Premier has said, as a young on the Wendouree West community, she also saw the mother Karen was outraged by the lack of resources potential for the community to renew itself and grow. available for her kids’ education, and so with other People were struggling; they needed support and they members of the community she waged a campaign for needed access to opportunity, so she worked with the additional resources and funding. She first became community, she listened, she held community meetings involved with the ALP after being inspired by the and she laboured alongside the local community. This Whitlam Labor federal government and the many project not only improved the Wendouree West things it achieved for working women. Bitten by the community’s sense of confidence and pride but also political bug, as we have heard, she then volunteered in resulted in the establishment of employment and the campaign office of Ballarat South MLA Frank community services, school dental services and the Sheehan in the late 1970s. Karen then combined her creation of hundreds of jobs and also training positions. political interests with her commitment to the principles As we have heard, she grew up in a great family. In her of government and reform and sought representation at first speech she said: a local government level firstly for the Borough of Sebastopol from 1982 to 1994 and then for the City of It was not unusual for me to wake up and find at the kitchen Ballarat between 1996 and 1999, resigning from the table a homeless man, a conscientious objector discussing the council in September 1999 upon her election as the obscenities of the Vietnam War or a patient from Lakeside Hospital brought home for Sunday lunch by my dad, who member for Ballarat West. was a psychiatric nurse. As we all know, she was a hardworking and tireless We know, of course, that her husband, Brian, who died crusader for the people of Ballarat West, and she a couple of years ago — also much too young — was a understood, whether as a councillor or as a member of great bloke and a great supporter of Karen. We know Parliament, that quality of life is not just about the that her two kids, Brett and Shae, and their partners, bigger things like jobs, education and health but also Lisa and Dean, were also very hard workers for the about solving ordinary problems like, for instance, the cause. Shae told the Ballarat Courier that they loved garbage collection, home help and even skate rink letterboxing for their mum’s various campaigns at a maintenance. She was a real advocate and a strong local and a state level, not just because it was for Mum voice for the local community. She was caring and or for a good cause but because they were able to take generous. In a recent tribute by her children that time off school to do it. Like their mum, they were appeared in the Ballarat Courier they described how willing to go above and beyond the call of duty. Shae their mum would sometimes anonymously leave said that Karen became upset one day when they came groceries on the doorsteps of those most needy back from one particular letterboxing exercise with a members of her electorate. full sack of pamphlets rather than an empty one. Karen thought they had not done their job properly or were This story is typical of the Karen we all knew and slacking off, until she was told that they were the worked alongside as part of the Bracks and Brumby pamphlets of her opponent which they had collected on governments. She did not seek the limelight or glory. the way. Whilst we all know Karen played it fair and As I mentioned, she was motivated to better the lives of was not happy about what they had done, it was not those around her. The Wendouree West community clear whether or not she actually told them to put them renewal project, about which the Leader of the back — although I reckon I have got a fair idea. Opposition has spoken, was one of her proudest achievements. One of the greatest tributes to Karen and Karen’s passing is a great loss for the people of Karen’s style came from Kevin Waugh, who worked Ballarat, for the people of Victoria generally and indeed

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Tuesday, 30 August 2011 ASSEMBLY 2829 for the Victorian Labor Party. I express my sincere government. I suspect that at the end of her speech she condolences and my sincere thanks to Karen’s children, realised that we on the opposite side of the chamber had extended family and friends who were on a great been very controlled, and she thanked the house for journey with her. She will certainly be sadly missed. giving her the courtesy of listening to her in silence. It was very clear from day one that she had firm views, Ms ASHER (Minister for Innovation, Services and and she articulated those views in this chamber. Small Business) — I wish to contribute briefly to this condolence motion for Karen Overington, who was the I also want to make a brief reference to the editorial member for Ballarat West from 1999 until 2010. She published in the Ballarat Courier — and what an was, as many people have observed, the first woman to editorial it was! If our local press editorialised about hold that seat. Given the difficulty of politics for so any one of us in such glowing terms — or even half as many women I think it is important for women on both glowingly — we would be flattered. I was amused to sides of the chamber to applaud the achievements of read the description of Karen, which said she was ‘not those on the other side, and I do applaud her for being stunt driven’ and ‘did not rely on pollie-speak or the first woman in many spheres of her life. oratory skills. Publicly verbose she was not’. That description certainly accords with our own reflections, It appeared to me — and I had very many but the glowing tribute to her capacity to deliver for her conversations with Karen Overington, Tory that I may own community is something I hope she would be very be, I say to the Deputy Leader of the Opposition — that proud of — and it was printed in a newspaper in which she entered Parliament for the right reasons. Karen I know it is very difficult to get positive editorials for entered the Parliament to serve her community, and that anyone on either side of politics. she did for the duration of her political career. She was passionate about her community, and she spoke in great Karen was true to her Labor values. In every detail about things she wished to achieve for Ballarat in conversation I had with her she mentioned her family, both general and specific terms. Karen was Ballarat her grandchildren, Ballarat and the Labor Party. She born and educated, and she was a councillor for was true to those things during her entire political 16 years, including a stint as mayor from 1990 to 1991. career. Ambition was not something that particularly She was an electorate officer from 1984 to 1992, and crossed her mind; she wanted to deliver for Ballarat, many of us know that to be an electorate officer you and that is what she did. She was a decent woman who may as well be the member of Parliament for that was true to her conscience, her values and the cause of period. She worked a marginal seat very hard, had the underprivileged and the disadvantaged. I pass on significant runs on the board and did the most important my condolences to her children and grandchildren. thing that marginal seat holders are meant to do — that is, hold the seat. Ms KNIGHT (Ballarat West) — I am honoured and privileged to add my voice to this condolence motion, I am interested to hear more about the Wendouree West but more importantly, I am honoured and privileged to renewal project, and I have also read in my notes that add to it the voices of the people of Ballarat West, she would regard that as her key achievement. In whom Karen represented so well. Given that so many understanding a little of her values I can understand of those people were very pleased to add to this why she would think a project that gave opportunity to contribution, I hope I reflect appropriately what they those who may not have had opportunities would be have said. I would also like to pass on my condolences such an important achievement. to Karen’s family and to my parliamentary colleagues who worked alongside Karen for over 10 years. I too re-read Karen’s first speech in preparing to speak on this condolence motion, and I remember listening to Karen had a long and illustrious career in the public her first speech while sitting in this chamber. I service of her community, which was a community for remember her saying she was proud to describe herself which she cared deeply. This care for her community as working class. She held that out as a badge of was only surpassed by her care for her family. This was honour, and clearly she was true to that during her very apparent as I looked around at her funeral service entire political career. I remember her first speech that Friday, when we had all gathered together to say because she did not hold back. While there are goodbye. I saw family and friends, community leaders, protocols and conventions for first speeches in this community members, parliamentarians and former chamber, as I got to know Karen it struck me that she Premiers all gathered together for one common neither knew nor cared about those protocols. She had a purpose, which was to acknowledge the work that big shot at the Kennett government, and she had Karen had done and the difference that she had made to something to say about the dismissal of the Whitlam her community.

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As we have heard, Karen was a proud member of the project. Karen worked hard for Ballarat Health Services, often working class, and she was raised in a household where behind the scenes, and was instrumental in delivering funding for major capital projects. She was also an important advocate politics happened at the kitchen table. Karen’s for Friendly Society pharmacy, which has operated in Ballarat inaugural speech reflected this, when she said: for 130 years.

I grew up in a household where issues of equality and social Along with many, many others in the Ballarat community, I justice were part of regular discussions. It was not unusual for am deeply saddened by the premature loss of Karen. The me to wake up and find at the kitchen table a homeless man, a selfless way in which she conducted herself and her constant conscientious objector discussing the obscenities of the focus on doing the right thing for our community, rather than Vietnam War or a patient from Lakeside Hospital brought any egotistical concerns, should serve as an exemplary role home for Sunday lunch by my dad, who was a psychiatric model for politicians of all parties. This, as much as nurse. community projects such as the neighbourhood renewals in Ballarat, are her important legacy to us all. From an early age I was encouraged to recognise social injustice and empowered to go about setting things right. Such is the respect for Karen that at a recent Ballarat City Council meeting a motion was passed This work began in her own neighbourhood at the unanimously when Cr Des Hudson called for an former Borough of Sebastopol where she was the only officer’s report into a suitable open space to be named female councillor, and was often referred to by her in memory of Karen Overington. male council colleagues as ‘girlie’. Before being elected as the first woman member for Betty Borchers, a long time friend of Karen’s and Ballarat West, Karen worked with Frank Sheehan, as member of the Labor Party, said this: we have heard, who represented South Ballarat for When Karen first joined the council of the Borough of 10 years. She then went to UnitingCare Australia as a Sebastopol on 17 July 1982 she did sewing on an industrial welfare worker, assisting some of the most machine at home. She worked very hard to learn the ways of disadvantaged people in our community. As Karen a council and always put the ratepayers first. She always stated in her inaugural speech: stood up for herself in council as the only woman there. She became mayor in 1990, and when the borough was As a welfare worker at a Ballarat agency I witnessed on a amalgamated in 1994, she became a councillor of the City of daily basis the extraordinary efforts of volunteers and lowly Ballarat. paid agency staff who struggled to fill the void … And these words came from Judith Coull: Karen’s move from local government to state Observing Karen’s personal growth through her commitment government came after a lot of hard work, and she did to her family, her local community and the wider community not forget those people whom she had assisted in her was quite remarkable. Certainly a role model for young role at UnitingCare and in her capacity as a councillor. women in our community. Her ability to fiercely defend those people who were Her time as a councillor for the Borough of Sebastopol and later on as City of Ballarat councillor ensured her capacity to often forgotten did not leave her when she became the understand the ‘local politics’ of being a voice for the member for Ballarat West. Kevin Waugh, who worked community that elected her, as well as being involved in the with Karen on the Wendouree West renewal project, binding decisions of council that weren’t always popular at a stated his admiration for the respect that Karen showed local level, nor necessarily in keeping with Karen’s understanding of community issues. the people of the Wendouree West community not only during the renewal process but also prior to it and Karen’s personal qualities of honesty, humility, loyalty, afterwards. As we have heard before, but it is worth compassion and strength of purpose to redress inequities for saying again, Kevin had this to say, as reported in the individuals and families in our community were unwavering and will have continuing benefits within our community. Ballarat Courier: This sentiment is shared among those in the community Karen knew this wasn’t about government programs. It was about building people up. She made the people of Wendouree who worked alongside Karen. West step out of their comfort zone and excel. She gave us affirmation and taught us to have ability in ourselves. We Lynne McLennan had these words to say: realised we’re not no-hopers, we’re not dole bludgers, we’re not druggies — we’re Wendouree West. Karen Overington’s record of achievement in public life is quite remarkable, reflecting the character of a woman of great Pam Lysaght, a resident of Delacombe and a volunteer, integrity, who was passionate about helping others and had this to say: ensuring that people from all sections of our community had a fair go. I had the great privilege of working with Karen when Karen Overington was always the battler’s true friend and she was a Ballarat city councillor and then as a member of the advocate. Through Karen’s tireless endeavours Delacombe initial steering committee for the Wendouree West renewal

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now has a neighbourhood renewal, and she also supported the was proud to be the first woman to represent that Delacombe neighbourhood house. electorate. While I did not know Karen that well, her Karen, in her unique ways, mentored many people, young path to this place was similar to my own and that of and old alike. Her personal gifts of food parcels and other others who have gone from local government to selfless deeds showed Karen’s true character. Parliament. I watched her quiet dignity and commitment to her electorate as she attended this place This description of Karen as an advocate was one that during her last years here, in which she had difficulty she shared. Karen was quoted in a Courier interview on because of her illness. I think we were all proud to see l2 August as saying: her conducting her duties in this place. I know it must I saw myself not as a politician, but as an advocate, as a voice have been difficult for her. It must also have been for the people who sometimes only wanted help with the little difficult for her to be in this place after she lost her things in life. beloved husband, Brian, in October 2009.

When Karen reluctantly retired from politics due to As did many of us, I researched information for this ill-health, I was overwhelmed by the number of people condolence motion, and I was surprised to see — who approached me, and who still approach me, to talk although perhaps I should not have been — that over about the work that Karen did and her respect and the years there have been many tributes to Karen in her concern for everyone she assisted. This work was never local newspaper, the Ballarat Courier. These tributes seen on the front pages of the paper or heard on the talked about Karen as a passionate advocate for the radio news bulletins, but it was so important. It was Ballarat people, particularly the underdog. This work that made the people of Ballarat West feel valued epitomises the type of person that Karen was. and important. It was work that came from the core of Karen’s being. As the Minister for Local Government I pay particular tribute to Karen’s fantastic contribution to local On 11 August Karen left us; however, what she has left government. She was elected to the former Borough of behind will remain forever as a legacy of the life of Sebastopol in 1982 and served there until 1994 when civic duty that she chose to follow. Ballarat is a better there was a council amalgamation. She was mayor from place for that. 1990 to 1991. Karen spoke about councils being male dominated and the challenges of being a female Catherine King, the federal member for Ballarat, councillor. I, along with other members of this place recently said in federal Parliament: who have been female councillors, know that there Karen really was a remarkable person and was, I think, very would have been some specific challenges in being the much larger than life. She lived her life throughout very much only female councillor. Karen encouraged women to helping others. She came from a fairly tough background and stand for council and supported them in their brought all of those experiences into her civic life. Ballarat is very, very much a richer place for her decision to participate endeavours. After the council amalgamation Karen in civic life. served on the Ballarat City Council from 1996 to 1999, when she became a member of Parliament. I think that the last words should go to Pam Lysaght, who wrote: Karen served 16 years in local government and 11 years in Parliament. That is a substantial Once in a lifetime a politician such as Karen Overington contribution to public life — 27 years — along with all crosses our paths. She has left her communities stronger and richer in representing and working with us. May Karen rest in the other contributions she made in her life. She was the peace she so richly deserves. known as a battler, a tireless worker, an advocate, humble, feisty, a quiet achiever, a respected person, a I think that we all wish that for Karen. warm person, a true friend and a wonderful mother.

Mrs POWELL (Minister for Local Government) — In a tribute to their mum in the Courier Brett and Shae I am proud to join the Premier, the Deputy Premier, the said that their mother attended school committee Leader of the Opposition and other members of meetings, school concerts and parent-teacher interviews Parliament in this condolence motion for Karen Marie and did all the things that a mum does. I know how Overington, who passed away on 11 August after a difficult it is to be a councillor and a mother, raising long illness. Karen was 59 years of age when her life children while you are also expected to be there for was cut far too short. your community. It is a testament to Karen’s commitment to her children, her love of her family and Karen was the Labor member for Ballarat West from her love of her community that she did just that. 1999 until her retirement due to ill-health in 2010. She Karen’s children also talked about her generosity and

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2832 ASSEMBLY Tuesday, 30 August 2011 caring. They said she would often pay people’s bills I am sure the community will miss Karen, as will her and buy groceries for them and that she did so colleagues in the Labor Party and those of us on this anonymously. She did it in her quiet way because she side of Parliament. Karen passed away far too young. It knew that people needed help and she was in a position is very sad that it takes an opportunity like this to put on to give it. record the wonderful contribution that people make to this place and to their communities. Karen will be sadly In Karen’s maiden speech on 9 November 1999 she missed, mostly by her family and friends. I pass on my spoke about her pride in being the first woman to sincere condolences to Karen’s children, Brett and represent her electorate. She talked about her pride in Shae, to their partners, Lisa and Dean, and to her four coming from a working-class family, and she paid beautiful grandchildren. I hope they take some comfort tribute to her parents, whom she said instilled in her a in the legacy that their mum and grandmother has left strong sense of social justice and equality. As others behind. have said, Karen said in her maiden speech that her parents often invited homeless people and others — for Mr HOWARD (Ballarat East) — Like so many in example, a conscientious objector to the Vietnam War this house, I was saddened to learn of the death of or a patient from Lakeside Hospital where her dad was Karen Overington on 11 August. Karen and I had a psychiatric nurse — to their home for Sunday lunch. I become very close colleagues and friends, having can only imagine the types of conversations and debate worked closely together in the Labor Party, in local that would go on around their kitchen table. government and then in our roles as state parliamentarians representing the seats of Ballarat West Karen spoke about her time in local government, her and Ballarat East. need to help people and her desire to give back to her community. As others have said, one of her legacies to I first came to know Karen when I joined the Labor the people of Ballarat will be the Wendouree West Party in 1987. She was the electorate officer working renewal project. She gave a helping hand to residents in for Frank Sheehan, who was then the Labor MLA for those homes in trying to make their lives much better Ballarat South. Together they worked in an electorate and ensured that she was there to help them if needed. office which I inherited when I became the member for Ballarat East. In those days electorate offices were run Karen’s work with the Ballarat Regional Integrated on a far more limited budget. At that time Karen was Cancer Centre will also be part of her legacy, along the only electorate officer and any volunteer support with her work with the most vulnerable people in her was welcome to assist with the tasks, both in terms of electorate, where she wanted to help others just as she supporting some electorate office activities and also had been helped. She felt she had come from a loving supporting Frank as election campaigns approached. family and wanted to pass on that love to others. During her time working for Frank, and while she enjoyed supporting people across all of the Ballarat You get a sense of how much Karen was loved and South electorate, Karen was especially passionate about respected when you read the tributes in the Ballarat supporting the people and issues relating to her Courier. There were tributes from her family and Sebastopol community where, as we have heard, she friends, from Labor members of Parliament, branch was first elected as a borough councillor in 1982 at the members, grateful constituents and local organisations age of just 32. This community commitment had acknowledging her contribution and years of hard developed when Karen was a young mum who became work. Some examples of those are — and you will get involved in advocating for better facilities for children a sense of the diversity of Karen’s contribution from and young mothers in Sebastopol. them — the Sebastopol Returned and Services League and women’s auxiliary; the Ballarat Courier In 1989 I was encouraged to stand for local government newspaper; the Sebastopol child-care centre; at the former City of Ballaarat, and after being elected I Sebastopol Primary School; the Filipino Australian was able to compare notes with Karen in regard to Association of Ballarat; the board and staff of many local government issues. I learnt that Sebastopol Centacare; the board, staff and clients of McCallum council was very different to the City of Ballaarat Disability Services; the board and management of council. At that time Sebastopol was dominated by one Ballarat Health Service; the board, management and councillor, a Liberal councillor, Neville Donald. staff of Uniting Care Ballarat; and the Yuille Park Among other things Neville basically decided each year Community College. This shows the extent and who would be mayor. He chose himself for the mayoral diversity of the work Karen was involved in and her role on many occasions but, to commend him, he did many years of giving back to her community. allow other councillors an opportunity to be mayor for a year here and there; usually they were of Liberal

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Tuesday, 30 August 2011 ASSEMBLY 2833 persuasion. For many it was remarkable when Karen view. She could use the vernacular in a very efficient was given the nod by Neville to become mayor in 1990. but not offensive way. Clearly Karen was a straight It was clear that Neville had become impressed by shooter who always called a spade a spade. Karen, as, of course, were her constituents, because she got in there and argued passionately for services which Ahead of the 1999 state election we were both would benefit her community. She stood up to Neville preselected by our Labor Party colleagues. Again we on occasions in a way which won his respect, enough worked closely together with limited resources to for him to see this young Labor woman become mayor. highlight the failures of the Kennett government and to promote Labor as a very worthy alternative. We were, In 1993 the municipalities in the Ballarat area were all of course, well supported by Steve Bracks, John dissolved by the Kennett government, which was not Brumby, John Thwaites and many other Labor shadow something applauded by the Sebastopol councillors. ministers who came up to Ballarat to lend their support Oddly enough, as the outgoing mayor of the city, I at public forums and in many other ways. We were also campaigned in support of amalgamation, and when we well supported by many Labor supporters from had a local referendum on the issue, the result of which Ballarat. We established a campaign office in Sturt the Kennett government had no intention of taking any Street, Ballarat, and worked together in a great spirit of note of, I agreed to hand out voting papers in favour of cooperation to maximise our support across the Ballarat amalgamation at the Sebastopol booth. Upon my region. We were successful in being elected at the 1999 affixing my ‘Vote yes’ placards at an appropriate election, when all six lower and upper house seats in distance from the door of the polling place, the then the Ballarat Legislative Council province changed from mayor of Sebastopol advised that he did not think I being Liberal-held seats to Labor-held seats. should put up my signs as, ‘We don’t do that sort of thing in Sebastopol’. I advised that it was perfectly As we have heard from other speakers, Karen legal, and we verified the point with the polling officer. contributed much to the people of the Ballarat West The mayor then made a phone call; I think he made it to electorate as their representative. In the early part of her Neville Donald. Soon after some large wheelie bins term, with the support of the then health minister, John were unloaded at the booth by Sebastopol staff and Thwaites, she helped to ensure that for the first time it carefully placed in front of my banners. I learnt they did was possible to deliver radiotherapy services to things differently in Sebastopol. Ballarat, saving many cancer sufferers in our region from having to travel to Melbourne in order to receive Following a period of 20 months when commissioners treatment. Then she saw the next step as being the managed local government affairs in the new City of integrated cancer centre, which she supported very Ballarat, democracy returned, and Karen and I were strongly. The centre will be a great tribute to Karen’s elected to the new City of Ballarat council — she to efforts. represent Sebastopol and I to represent Ballarat East, the Canadian ward. The next three years saw us She provided strong support to local kindergartens and working even more closely together, often but not child-care centres, to the schools across her electorate always voting together, as Karen always had her own and to disability services. She advocated vigorously for views which did not always align with mine. However, road upgrades and upgrades to local sporting facilities. what you always knew about Karen was where she She was a great friend to the Sebastopol Returned and stood. She made her views clear through passionate Services League, senior citizen groups and to many speeches in council meetings or through passionate other groups across her community. Her support for private conversations. Periodically Karen became disadvantaged families and individuals across the frustrated with council officers if they did not provide electorate was demonstrated in many ways, achieving straight answers to questions. She could become both big projects and smaller projects. The big projects particularly uncomplimentary about what some officers that were achieved include the Wendouree West may have described as detailed reports. community renewal project, which we have heard others talk about, and more recently there has been the While persisting in her attempts to gain clear answers in Delacombe renewal project. She was always at the council meetings, her retorts to me afterwards were, heart of these projects. ‘When are they going to cut the crap, Geoff?’. Karen did not always appreciate councillor planning We have also heard about her personal interventions. workshops either, which were designed to help Karen assisted individuals with special needs with councillors work well together and develop social links. anonymous funding or other practical assistance. Often None of that love-in kind of stuff for Karen; she just she would visit constituents with special needs in their wanted to get on with the job. ‘It’s all bull’, was her homes to save them from coming to her office. It

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2834 ASSEMBLY Tuesday, 30 August 2011 should also be noted that Karen was one of the few Labor stalwart and a special friend. I send my people in this house who did not complete a formal condolences to Shae, Brett and their families. education past year 10. She came to this place via the factory floor with real experience of the world of the Mr DELAHUNTY (Minister for Sport and working family. She is one of the few remaining Recreation) — I am happy to rise in support of this examples of people who did not come to this condolence motion moved by the Premier and Parliament through a path of tertiary education and supported by other members in this Parliament today. I business experience. She came from within — someone came into this place as a member of the class of 1999, who stood out because she saw what needed to be done and I am one of the few on this side of the chamber and had a go at doing it. Clearly it would have been who did. I met Karen for the first time at a new thought only a few years ago that Karen still had so members induction. I can remember a few people from much to do, both for her community and in her personal that day. One of them, the member for Macedon, was life. wearing jeans. But I remember Karen because that day she was one, like me, who came from western Victoria, For holidays she would love to drive, with husband and so I got to know Karen over many occasions Brian and children Brett and Shae in earlier years and through the 11 years that she represented Ballarat West then just with Brian after Brett and Shae had grown up. in this Parliament. They drove over many parts of the state and further afield, with Karen enjoying exploring sites along the It is a great opportunity today to reflect on her way — sometimes frustrating her children with her achievements but also pay my tributes to a lady who I determination to see a lesser known site identified by a respected greatly. I looked up, with the support of the road marker. parliamentary library, a bit of her history. As we know, she was christened Karen Marie Overington. Her Until a little over five years ago Karen had not even history says her occupation was, proudly, welfare been in a plane, but she was persuaded to travel outside worker. She was educated at Sacred Heart College, Australia to Egypt on a holiday that she and Brian Ballarat. She was an MLA for Ballarat West, elected on enjoyed very much. As far as I am aware the only other 18 September 1999. I remember that day vividly: time she flew was after Brian had been diagnosed with Essendon lost by a point against Carlton. You cannot terminal cancer. Together they travelled with the three have everything, but I hope it does not happen in a generations of her family to the Gold Coast for a very couple of weeks time in the finals. special family holiday. As has been noted, Karen’s husband of 39 years, Brian, died two years ago, and Her history also states that she was an electorate officer Karen’s years of smoking also started to take their toll from 1984 to 1992. Her interests were social justice, on her life at that time. So many of Karen’s friends had reading and gardening. She was a councillor for the tried to persuade her to give up smoking, but she was borough of Sebastopol from 1982 to 1994 and mayor not always the person to accept the advice of others, from 1990 to 1991, and a councillor for the city of and she was never able to take that advice. Ballarat from 1996 to 1999. So in a lot of ways our backgrounds are similar not only from the point of view It has been very difficult for those around Karen to see that we went to Catholic schools but also importantly her deteriorate with the debilitating effects of our involvement in local government. She went down a emphysema. She recognised that she could not contest similar road to me. She talked in her maiden speech last year’s election, and over recent months her illness about being a councillor and mayor for the city of meant she spent most of her time at home. However, Sebastopol. She had some leave after that period of this did not mean that she could not get on the phone time and then was elected to the City of Ballarat as the after watching Parliament on the internet and offer only representative for the area of Sebastopol. Over advice about something that we as opposition members 16 years the people of Sebastopol elected Karen could take it up to the government on — not her words, Overington at every opportunity. though, ‘take it up to the government’ — or to offer encouragement after a question time when she thought In her inaugural speech, which I read through like other we went well. members did, she acknowledged her time in local government. As she highlighted in her maiden Karen’s death came suddenly, but peacefully, as she speech — and those in this chamber who have had that died at home while sitting on her couch. At the age of experience would know — local government gives the 59, and with Karen’s grit and determination, it all came opportunity to meet with the people closest to you. too soon. She will be missed by so many; a special Local government is the closest to the people. She said of her experience in local government, ‘It gave me

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Tuesday, 30 August 2011 ASSEMBLY 2835 experience in helping ordinary people with ordinary again thank Karen for the work she did for those problems’. That summarised the way Karen worked in groups. this place. She was passionate about her time in local government, she was passionate about her community, In summarising, I say to Karen’s children, Brett and but importantly she was also passionate about her Shae, and to their families: be proud of your mother, family. Many times in my conversations with her, because many people are proud of the work she did in particularly in her later years, she expressed a concern their community, in their local government and in for her husband, Brian, who was in ill health and as we particular in this place, the state Parliament of Victoria. know passed away in 2009. My sincere condolences go to Karen’s family members who are here today and others who were not able to Many times in this place she highlighted many good gather with us here. things around Ballarat, particularly the Ballarat Begonia Festival, Ballarat’s premier community event, of which Mr TREZISE (Geelong) — It is with great personal she was chair. We have all been to Ballarat to see that sadness that I speak on the condolence motion for my fantastic event. She highlighted many of the major esteemed parliamentary colleague and close friend events that happen in Ballarat. She also spoke about the Karen Marie Overington. I have to say from the outset Wendouree West community renewal precinct. I have that in the six years that Karen and I shared an office in had the fortunate experience as a member of VicHealth the chookhouse we had many discussions, and one to go and visit that centre and see the bringing together subject we did discuss more than once was of a lot of the services there. Men’s sheds, Parliamentary condolence motions for former MPs. I kindergartens and a suite of other services are provided admit that on occasions we both concluded that the best to the people of Wendouree West. She highlighted in thing that can happen for one’s reputation and record as her speeches in this place not only the education an MP is to be the subject of a condolence motion in opportunities for her community of Ballarat but also the this house. So I know that if Karen were here she would importance of Ballarat for higher education. I think of not want me to speak about her through the tint of the many people in western Victoria who have had to rose-coloured glasses; she would tell me in no uncertain go to Warrnambool, Geelong or Ballarat for their terms to tell it as it was, and so I will. higher education opportunities. A lot of them have now come back into western Victoria. For a start, Karen was no angel. Like all of us she had her blemishes; it was just that she did not bother hiding Karen also spoke passionately about the health hers. She was a person with a tough exterior, and when facilities, particularly the cancer centre that was it came to things close to her, including her politics, you established. That also provides enormous resources and were either with her or against her. There was not much services across western Victoria. As I said, I got room for compromise. As many in this house from both information from the parliamentary library, which is a sides of politics can attest, she told it how it was. When great support to us as MPs. But, like many of us here, I you finished a conversation with the former member for read the tributes that were paid to Karen in the local Ballarat West you knew exactly what her point was and newspapers, particularly the Ballarat Courier. They you knew exactly where you stood. In saying that, I summarised the support for her as a person, as a cannot help but note that on the day that we are here councillor and in Parliament, but they also highlighted speaking on this condolence motion for Karen it is the deep grassroots feelings and the respect from many pretty ironic that a ‘No smoking’ sign has appeared on community groups for Karen Overington, and the the back balcony of Parliament House. I know exactly member for Shepparton spoke about the many what she would have said, but I can assure you I will community groups included in those tributes. Many not repeat it. were sporting groups, and Karen was obviously very passionate about volunteers. Even given her tough exterior, I can also attest to the fact that Karen had a heart made of gold: what she As Minister for Sport and Recreation I know about the would not do for her beloved family and her friends enormous amount of work done by volunteers right was not worth doing. An unexpected benefit of being across Victoria. Governments load them up with a lot elected to this house are the lifelong and close friends of things — they work with children, they provide the you make, and amongst them the class of ‘99 is special safe service of alcohol and they do all those types of for many of us. Before the lead-up to the 1999 election things — and Karen was concerned for volunteers I had never met Karen Overington, but she quickly within her community. There were also tributes from became more than a colleague; she became a friend the RSL clubs. As Minister for Veterans’ Affairs I and, just as importantly in this game of politics, a trusted and close confidante. When my father died in

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2836 ASSEMBLY Tuesday, 30 August 2011 the lead-up to the 2006 election Karen quickly came to condolences to Shae, Brett and their families. I will the fore and provided me with genuine caring and miss my friend dearly. ongoing support. She was a loyal, understanding and good friend. Mrs FYFFE (Evelyn) — I am pleased to rise to make a short contribution in memory of Karen Marie As a member of Parliament Karen never saw herself as Overington, the former member for Ballarat West. anything more than an advocate for her community, Karen entered Parliament in 1999, the same year that I especially for those in need. She never put herself up on did. I remember meeting Karen on the first day as we a pedestal; there was never a hint of arrogance. Having came in; we were both excited and apprehensive of cut her teeth in local government and in state politics as what lay ahead. Over the next three years we spoke an electorate officer before coming into Parliament, together on several occasions on issues that concerned Karen knew what needed to be done to be a good local us, but mainly about our families and of course our member, and she got on with the job. There was no fuss husbands. Karen was extremely proud of her and not much controversy. I was going to say no children — daughter Shae and son Brett — and her controversy, but it was not all plain sailing for Karen four beautiful grandchildren. Sadly her husband, Brian, either. her life partner and strong supporter, passed away two years ago. I clearly remember when the Queen was in Australia in 2000 and she was going to Ballarat for lunch. Of course Karen was a passionate advocate for her community. all the local MPs and community leaders were invited, She was proud to live in Ballarat and was continually and no doubt all of them jumped at the opportunity to talking about its beauty, its activities and its people. She have lunch with the Queen — all except the member spoke in this house frequently about the Ballarat for Ballarat West. As Karen was a staunch republican Begonia Festival and was always trying to encourage she saw it as sheer hypocrisy to go and have lunch with members to visit. I remember that in the first year she the Queen. This stance caused a major ruckus in talked about the begonia festival she was seeking Ballarat, and there was much pressure on Karen to funding. As we walked out of the chamber together I attend. Even the then Premier, Steve Bracks, whom she said, ‘Karen, it’s a great festival, I went there once’. She greatly respected, told her she should be going along. stopped, gave me that Karen look and said, ‘You’ve But in typical style Karen stuck to her guns and her only been once?’. I did not like to admit that it really principles and did not go. Like I said, you knew where was only once because she was not very happy with you stood with Karen, no matter who you were in this me. world, royalty included. The story of the children stuffing the letterboxes and As much as she was a good friend and politician, collecting the opponents’ pamphlets is one that she Karen’s real love was for her family. As I noted, for six shared with me when we were talking about our years we shared an office in Parliament, and in that children, about using children in campaigns and about time we got to know each other pretty well. I can say of how difficult it was. There has been talk about Karen Karen that she genuinely loved her husband Brian, and being tough. I have heard the stories of when she first I know that love was very much returned. Sadly, as the went into council and it was three years before she was Leader of the Opposition mentioned before, the day put on a committee. She took a while to find her way Brian died two years ago part of Karen died as well. about and they called her ‘girlie’. That is hard to Her other love was of course for her children, Shae and compare to the Karen Overington I met in this place, Brett, and their respective families. Karen would often who was tough and strong for her community and her phone me after she had finished in Parliament and ask family. She reminded me of someone who would show how I was, but then she would quickly get on to her neither fear nor favour to any man. We had a joint grandchildren and their achievements. Karen was sitting in this house where we were addressed by extremely proud of her family and they were extremely Dr David Penington, Neil Comrie, Dr Rob Moodie, proud of her — and rightly so, because over a lifetime Major David Brunt of the Salvation Army and of service to the Ballarat community Karen did herself Archbishop George Pell. After they had spoken, Karen and her family proud. was the 11th person to ask a question, and she asked George Pell about the breakdown of families and its From a humble background, where she left school at an effect on drugs. Again as we were walking out, I said, early age, Karen Overington, through her commitment ‘Karen, that was a good question’, and she replied, to making life better for others, became a ‘Yes, and I had a lot more to ask, but we were not much-respected leader of the Ballarat community, and allowed to ask any more’. She was so passionate about this world will be the poorer for her passing. My

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Tuesday, 30 August 2011 ASSEMBLY 2837 it. It did not matter who was there and what was Time passes quickly in politics, and it was only happening in the place. 12 months ago that Karen was a member of this chamber proudly representing Ballarat West, albeit, as Karen spoke here about crisis accommodation for we know, while struggling very much with her failing homeless men at Peplow House, which had fallen into health. As we have heard already from so many disrepair and for which she was looking for funding. speakers, Karen packed a lot into her adult life, with She had great concerns about housing. She was chair of 16 years of service in local government and 11 years as the Central Highlands Regional Council for many years the member for Ballarat West in this place. That is from 1984, and as a City of Ballarat councillor she was 27 years of what was a too short adult life in the public chair of Ballarat’s 2020 housing strategy. That strategy arena serving the communities of Sebastopol and looked at the important needs of homeless women with Ballarat, the communities that she loved. It was her or without children, women released from prison, deep concern for the welfare of others and how women who had suffered domestic violence and people’s lives could be improved through good women who had suffered sexual abuse. The telling government services and programs and also with a point for me that reaffirmed her commitment and helping hand that drove her and provided her with her passion was a closing sentence: energy through those 27 years.

... we must consult, consult, consult with ... women ... to Karen and I came here as part of that club that has determine their needs ... already been referred to many times — the class of Karen raised her concerns about housing for people 1999. Just before the member for Geelong did, I had the with disabilities, who often have special needs and who good fortune of sharing an office with Karen out in the are the most vulnerable in our society. She spoke about chookhouse for the first three years of our time as how many of the people who had been members in this place, between 1999 and 2002. I say deinstitutionalised did not make direct contact with ‘good fortune’ because not only was I able to learn a lot welfare agencies and about the need for us to find a from Karen — we came into this place through very way to reach out and give support. Karen knew many different paths, and she had a wealth of experience that of them, and they knew her. She spoke about the need as a new member I could draw on — but also our for palliative care for children and about the need for particular habits, which the member for Geelong residential respite care to give a break to elderly touched on, meant that we could cohabit in the office in parents. She also spoke a lot about education. Like me, the chookhouse quite happily for those three years, with Karen had to go to work very early, and we had Karen spending much of her time out on the front minimal education. Both of us knew how important it balcony of the chookhouse. was for our children and their children and other Those early years of the Bracks government were an children to succeed and to have the benefit of an exciting time. We were newly elected members in a education, and she fought for it for the children of newly elected government. We were both representing Ballarat. regional centres that were having new life pumped back Public transport, rail and bus, were very important to into them by the Labor government, with new policies Karen. As a strong Labor member Karen worked hard and programs. It was all about backing the future of for the party, but she worked just as hard for women regional Victoria. On face value you may expect there and women’s rights, and this crossed over both sides. would have been some conflict and tension between That was evidenced in a story in the Ballarat Courier of two members who were vigorously and actively Saturday, 17 July, where she is photographed with Judy representing their regional centres but coming from Verlin. She was her sparring partner in council, but very different regional cities. Karen would put up both of them were working together to encourage more posters in our office promoting that blessed Ballarat women to go into council. Begonia Festival that we have heard so much about and so often in this place, and I would respond with putting The tributes to Karen Overington covered a wide scope up posters promoting Bendigo. But other than having a and dealt with her whole life. Her family, her children fierce battle for office wall space, we became good and her grandchildren should be very proud of her and friends. of the mum and the grandmother she was. I mentioned earlier that I learnt a lot from Karen. It was Ms ALLAN (Bendigo East) — It is with a heavy the first time I met Karen that I recognised just what a heart that I rise like so many other members in this practical, clear-thinking and straightforward woman she place to speak on the condolence motion for the former was. That was when I was an organiser for the 1998 member for Ballarat West, Karen Overington. Ballarat federal election campaign. We had arranged

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2838 ASSEMBLY Tuesday, 30 August 2011 for an afternoon tea to be held with senior citizens in Karen’s love for her family was palpable, and when we the suburb of Buninyong, where the senior citizens were in the office together she would proudly share could come along and meet the then Leader of the stories of what Brett and Lisa and Shae and Dean were Opposition, Kim Beazley. Fortunately we had packed up to. Then of course there were the grandchildren who the room with lots of eager, older members of our featured so prominently in her conversations. I heard community who were keen to meet Kim Beazley, but many stories of Sarah’s early years when she was the sadly no-one was touching the great big plates of only grandchild; there were many stories about Sarah scones piled high with jam and cream, because some and her development. But many other grandchildren bright spark in the campaign had thought it would be a quickly followed, and I recalled with Shae how young good idea to charge people for the benefit of having the Rhys decided to enter the world on a sitting day in scones, jam and cream. I was struggling to convince 2002. Nothing could stop Karen from getting up that others that obviously this was not going too well, that highway quick enough to see the latest addition to her we were in opposition and that a well-fed voter is a beautiful family. happy voter, when in swept Karen, who took one look around the room, saw what was going on and in her Then there was her deep bond with her husband, Brian. own unique, straightforward style made sure that the Brian spent many hours in the office with us and also room was well fed without anyone having to put their around Parliament during sitting days just to be with hand in their pocket. Karen when he was off the road and not driving trucks. He came and sat with us and was the constant I came to learn that the Karen I saw then — a practical, companion Karen was so fortunate to have throughout blunt, passionate Ballarat and Labor woman — was the her life. When Brian was not in the office Karen would Karen you always got. Many a government and share other stories about how she and Brian first started ministerial adviser learnt this lesson the hard way, courting and how attracted she was to this sexy young particularly during our early time in government. I man in her life those many years ago. Brian’s death less would be in the office, and I would watch Karen send than two years ago shattered Karen. He was her world on their way many an adviser who would come along and she, as we know, struggled up until her own and try to tell her what to do. They learnt quickly that passing to manage life without her soul mate. you tried to tell Karen what to do and tried to tell Karen how to manage the media in her area at your peril. She I also reinforce what was said earlier about Karen’s was firm in her beliefs and equally firm in how she deep interest in this place continuing after she left. should go about achieving good outcomes for her Thanks to the wonders of modern technology and electorate of Ballarat West. Many people have and broadcasting of Parliament over the internet, Karen many should acknowledge the shining legacy that she kept very close tabs on what was happening in this has left the Wendouree West community through the place. She rang me from time to time to share her neighbourhood renewal program. She fought hard for opinions of people on both sides of the house, not just what she believed in, and she was one of those great on one side, and to give advice on what the opposition people — a true Labor member with a true Labor heart. should be doing, but it was practical, it was well meaning and it came from that good Labor heart. She I would like to share a quick story that I believe continued to be very connected to Labor and to her illustrates how Karen kept all of us well grounded and community. The most recent of those discussions was reminds us that she was old school Labor and came when I was driving home on the last Thursday of the from a community that Labor proudly represents and sitting period before the winter break, the last Thursday works hard to support. I am sure some members here of June. It was just like old times as we talked for some will recall Labor’s first caucus get-together after the time about what had been going on. She had great 2001 winter break. Many of us, including me, were spark, great spunk and a very strong view. sharing the experiences of the various overseas holidays we had had during the winter break. There were some I mourn deeply for the loss of a woman and a friend shopping experiences being shared and the showing off who was a proud fighter for her community, for her of new shoes and handbags and clothing and the like. Labor beliefs and for her family. I also mourn for what However, Karen grounded us all very quickly, her loss represents. Our friendship, like so many in this declaring that her holiday consisted of jumping in the place, was forged from the shared experiences of the front of the truck with Brian, driving to Broken Hill and 1999 election and those early heady days of back again, with certainly no fancy handbags purchased government. They were exciting times, and we were so along the way. proud to be part of a historic election result that started a decade of delivery for the regional centres we represented.

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Losing Karen is losing an important link to that shared Karen also worked as an electorate officer for the history. It should remind all of us that our time in this member for Ballarat South, Frank Sheehan, between place is a precious privilege, one that we should enjoy 1984 and 1992. She worked as a social worker between and never take for granted. Goodbye to Karen. Thank 1994 and 1999, and given her passion for social justice, you for your service, your friendship, your guidance that would have been the perfect vocation for her. and your passion, which has left its mark on me, on this Karen was elected to the Legislative Assembly in 1999 place and, most importantly, on your community. My as the first female member for Ballarat West. She was a condolences to Brett and Shae, their partners and champion for community renewal. This was Karen’s beloved grandchildren. Sebastopol and Ballarat demonstrated in an editorial in the Ballarat Courier thank you very much for supporting your mother and which read: grandmother in her long period of service to their community. The delivery of the Wendouree West renewal project, designed to rebuild the disconnected community which called the area home, will remain her major political achievement. It Mr KATOS (South Barwon) — I rise to contribute was a project championed by a battler for the battlers. to the Premier’s condolence motion for Karen Marie Overington, who passed away on 11 August after a Karen believed in the community having grassroots long illness. Karen was born on 16 November 1951 in involvement in the Wendouree West renewal. As she Ballarat and was educated at Sacred Heart College; and said in her farewell speech, which unfortunately had to as the member for Ballarat East pointed out earlier, she be delivered by former Premier John Brumby due to did not finish year 12. This is an unusual way to come her ill-health: to this place as most of us have that standard of education. Ballarat was Karen’s passion; this is where The Wendouree West community renewal has not just been a redevelopment of old housing stock. For the first time in their her interest and involvement in community affairs was lives, people had a chance to make their own choices about sparked and subsequently flourished. She proudly how they could change their community. called herself working class and grew up in a household where issues of equality and social justice were regular Karen was a top state member of Parliament, the sort of points of discussion around the dining table. She was person who all of us in this place should aim to be. She married to her husband, Brian, for 39 years until he was hard working, passionate and always worked to unfortunately passed away in 2009. They were blessed make a contribution to public life for the betterment of with two children in Brett and Shae and four the area she represented and the areas we represent. I grandchildren. extend my sincere condolences to Karen’s children, Brett and Shae, and also to her four grandchildren, Karen began her foray into politics as a member of a Ellie, Ebony, Rhys and Sarah. community group that was seeking more resources for their children’s education and became involved in the Ms DUNCAN (Macedon) — It is with much ALP after the dismissal of the Whitlam government. sadness that I stand here in support of the condolence She believed in a government’s ability to transform motion for Karen Overington. Although we all knew society. That is what brought her to Parliament. She Karen was not well, and as it is in so many of our lives began her political life as a councillor with the where we always think there will be more time than Sebastopol borough in 1982 and held that position until there ever is, I thought there would be more time for 1994, serving as mayor between 1990 and 1991. She Karen. I did not think we would be condoling her less then became a councillor at the City of Ballarat after than a year after she had left Parliament. amalgamations, representing Sebastopol ward between 1996 and 1999. Karen saw her role as a councillor as I had the honour of being elected with Karen in 1999. important because she could help everyday people with We were all obviously very pleased with what then their ordinary problems at the level of government became known as the class of 1999. We developed a which was closest to the people. She had a great love very special bond. Those of us who were elected from for local government and in particular for seeing more regional Victoria had an additional bond. Many of us women standing for council as well as state and federal stayed at the same apartment building just down the parliament. Her advocacy for women to enter politics road in East Melbourne; I think initially there were was not partisan; she was genuinely interested in seeing about 11 of us all staying at that one place. Over the more women of any political persuasion stand for years all but Karen and me found alternative election. This was demonstrated in July 2004 by her accommodation. Karen and I continued to stay there teeming up with one of her former political combatants, every sitting night over the last 11 years. It is not a great Judy Verlin, to promote a program to encourage more place to stay actually, but we both continued to stay women to stand at local council elections. because they allowed people to keep their dogs there.

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Karen thought this was fantastic. She knew the dog, I had the great pleasure of travelling to Egypt with Poncho, who lived there with the owner. Poor old Karen and Brian. It was their first overseas trip. It was Poncho died a few years ago. But Karen thought this such a delight to watch these two people — these best was great, so for many years Karen and I would go friends — travel for the first time overseas, but they back to that accommodation, without our dogs, each were the worst hagglers! Neither of them got it. Karen evening during a sitting week. Inevitably we would just could not get what haggling was about. Karen discuss the events of Parliament that day. would say, ‘They’re cheap enough as it is. I should be giving them more, not less’. Karen was extremely feisty and at times really scary! You definitely wanted her on your side; if you were in In her valedictory address to Parliament in October last battle, you wanted Karen in the trenches with you. year, read by former Premier John Brumby, she said Karen was never factional — she was a true her parents had taught her that all people are equal and independent; she was too independent for the it is just circumstances that change them. This was independents! She was a very individual person. But evident in everything she did, even in her travels. Sadly Karen knew everyone and everything and would take Brian died in October 2009, and a lot of Karen died great delight in giving me, who was a novice and with him. I extend my condolences to Brett and Shae, beginner, a run-down of who was who, who had done Lisa and Dean, and Karen’s grandchildren, Sarah, what to whom and when they had done it. Rhys, Ebony and Ellie. May Karen and Brian rest in peace. She was a keen observer of politics, and she had been part of it for so many years. She was always very Mr THOMPSON (Sandringham) — It was a straightforward about her politics. It certainly never former Labor senator in South Australia who made the went to her head that she had been elected to remark that there were too few people in the 1980s in Parliament. Make no mistake — she was incredibly Canberra in the Labor Party who had ever had to wash honoured to represent Ballarat West which, as she said their hands with Solvol. From the comments in the in her inaugural speech, was the place of her birth and house this afternoon, it is quite evident that Karen education, the place where she started work and the Overington had a very clear understanding of the place she began her involvement in community affairs. grassroots’ needs, aspirations and horizons of her She said, ‘I am proud to describe myself as working electorate. class’, and she was. It is also interesting to note that when she made When the Queen came to visit Ballarat, as we have comments in this place in 2003 marking the 29th year heard before, and people were to attend a lunch in the of service of a fellow councillor who had served with Queen’s honour, there was no way Karen was going to her in Sebastopol, she noted he was a Liberal but she attend that lunch. She was very adamant about that. As calmly said, ‘I owe a great deal of my political the member for Geelong said, she copped a bit of stick education to him’. He was a person by the name of for that, but she was never going to change her position. Neville Donald. She said to me, ‘Why would I go and have lunch with a woman I don’t know, a woman whom I have nothing to I am not sure whether we have Neville Donald to thank do with and have nothing in common with? I am a for Karen’s contribution in this chamber or whether it republican. I have got better things to do with my time’. was part of the wisdom acquired along the way. It is That was Karen. She would not be bothered with the interesting also how Karen defined her life through the pomp and ceremony of it all. God only knows how they comments that she made in this chamber. She was a got her to wear the mayoral robes when she was a person of relatively few words at different times. There mayor. was an economy of language but a high resolve and high purpose in her thought. Karen believed in helping people who needed it. There would be a countless number of people in Ballarat who Members have already presented to the house her have benefited from Karen’s efforts; whether it was family upbringing. Her parents had over 60 years of through her advocacy of them or by paying their bills, working experience as nurses. She noted that her father Karen would do it without fuss or recognition, in her worked in psychiatric care and was also in the arena of own style, and no doubt in her own words. As her aged care. In an aged care debate in this chamber on one occasion she said that we were not speaking about daughter, Shae said, any speech Karen had to deliver an aged care industry but rather about the lives of had to be rewritten to make it sound like her, and to people who are parents and grandparents and have sound like Karen, it had to be plain English, direct and brothers and sisters and their own life stories to tell. She written in a way that cut to the heart of the matter. described how in her early years she enjoyed travelling

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Tuesday, 30 August 2011 ASSEMBLY 2841 with her parents to the nursing homes where they her days at the Sebastopol council she understood the worked to learn more about the life journeys. earnest approach of the multiskilled workers of her borough and noted that they often rose above and There was also a special quality of care that came beyond the call of ordinary duty as they embarked upon through the story she narrated about her father. When their work. She referred to the extra clean-up tasks that working in a psychiatric institution from time to time he were not part of a wider activity list or sheet, citing the would bring guests around for Sunday lunch. That example of the workers of the Sebastopol council rapport and empathy with people, that taking the time to clear the ovals of broken glass and faces-in-the-street perspective, to steal a phrase from bottles before they put the lawnmowers over them. She Henry Lawson, is a special quality, and we all have the had a good approach to and understanding of that sense opportunity to bring that quality to this chamber of contribution through toil and the assumption of through an understanding of the lives of the people in responsibility. the community: their travails and struggles and the matters that they need to work through. She expressed concern for the loss of jobs in the Ballarat area at a time when 450 people lost their work. In terms of her political work, she represented an She was keen to promote alcohol-free and drug-free electorate that had seen the Eureka uprising and the programs through the FReeZA program, which was an discovery of gold. She had the privilege of representing initiative of the former government through the good her constituency on the 150th anniversary of both those work of the now Treasurer and also the member for occasions. She took a keen interest in regional tourism, South-West Coast. She also had an interest in making including the Ballarat Begonia Festival, which brought sure that people were well looked after in the different 100 000 people to Ballarat. She contributed to debates domains of her electorate. She spent a lot of time in this on regional infrastructure development, the University place not so much in the dining room but just outside of Ballarat, vocational education and training and the dining room where the air was a little bit crisper! On catchment management. She took a keen interest in another occasion in this chamber she said — and this other government-funded agencies, including the might be something to which we can all aspire: Ballarat base hospital, which saw significant investment, the Sebastopol Secondary College and the Let us hope that all honourable members get better with age. Country Fire Authority emergency response unit. That is something we could all take some heart from as She also put forward in this place clearly expressed we serve our communities in this arena. views on the issue of demand feeding when the Equal Opportunity Act was being amended and was able to Her work was marked, as defined by others, with place on the record her own family experience. At the fairness, a sense of democratic process and a sense of time of the Longford tragedy over a decade ago she justice. They are words she used to describe a member gave a narration in this place about the time she worked of her community who died and had served the Ballarat at the coalface as a welfare worker. Interestingly, she community in the capacity of a librarian and through stated that she did not just understand the concerns of the local council of churches. In my time in this the people with whom she was working, but rather she chamber I have seen numbers of people whose lives felt the full brunt of their concerns. We may look at and have ended all too soon, not far from their 60th year or understand the community concerns, but in our work in just over: people such as Michael John, Marie Tehan, this chamber if we can feel and understand to a higher John Ross and Peter McLellan. As we reflect upon the degree the concerns of those constituencies which we lives of people who have served alongside us, we can seek to represent, we can serve the community whose take heart from their contributions and note that this is interests we are elected to advance to a greater degree. not the only arena in which we serve: we have families above and beyond and outside this place. In that context In relation to another bill dealing with regional safety I pass on the condolences of members on this side of and the fire response, she was keen to advocate policy the house to the family of Karen: Shae and Brett and approaches that protected the interests of all Victorians; their own extended families. One hundred and twenty not some Victorians, but all Victorians. In her own years or so ago it was Henry Lawson, in his poem constituency she noted that 43 per cent of the families Faces in the Street, who examined the social conditions who had kindergarten-age children qualified for the of the time and evaluated how people might feel when preschool subsidy, so it was a community that had a they saw: high level of need in terms of making ends meet and The wrong things and the bad things enabling the children to attend kindergarten. And the sad things that we meet In the filthy lane and alley, and the cruel, heartless street. In local government she made an interesting remark at the time of compulsory competitive tendering. During

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Transposing that social context to 120 years or so later, newly amalgamated City of Ballarat and served there Karen sought to advance the interests of the until her election to this place in 1999. community. The area of Wendouree West has been in the press in recent times because of the high levels of In my many discussions with Karen over a cigarette, a unemployment and the higher levels of social need. She habit I have managed to beat for nine years, which I am was an advocate who understood, identified with and immensely pleased about, Karen would talk with great sought to advance her community through this place. passion about the endless possibility for local government to do good things in the lives of ordinary Mr WYNNE (Richmond) — I am honoured to rise citizens. She understood more than most just how along with other members to pay tribute to the life of crucial local government services are to our Karen Overington, the former member for Ballarat communities in providing maternal and child health West, who died far too early at the age of 59 on 11 services, libraries, sporting facilities and particularly in August. Prior to entering Parliament I knew Karen ensuring that the voices and aspirations of a community through our respective local government roles. Indeed are reflected by their elected representative. for a period of time we ran parallel careers, mine at the City of Melbourne and hers initially at the Borough of Karen never lost touch with her community. Her late Sebastopol. husband, Brian, recounted to me a lovely story and a warning to never go shopping with Karen because a We were, as the member for Geelong said, part of the normal 10-minute visit to Coles to get the groceries and class of 1999, where a strong bond of friendship and so forth would take Karen at least an hour as she dealt comradeship developed within the caucus, with so with constituent matters up and down the aisles of the many new members coming to this place at that time. supermarket. That is how popular Karen was. She was Karen, the member for Bendigo East and I sat up the truly an authentic local government representative and, back and got up to a fair bit of mischief. They were indeed, a state representative. exciting days in that first blush of the new Bracks government. One of my enduring memories is of Karen Needless to say nothing changed when Karen was providing a running commentary on what was then the elected to this place. She really ran the electorate as an opposition and listening to her views about its various extension of her council ward. She knew everyone, members. There was perhaps a character assessment of followed up every issue and was a consummate local some of those — — member. Karen was feisty and fiercely independent. She eschewed the trappings and embellishments of An honourable member interjected. public office and delighted in serving in government with so many talented young Labor women. Mr WYNNE — My colleague said — no, I will not go there! Karen was also fiercely proud of and loyal to Ballarat, the history of Eureka and its place in the formation of Karen certainly had an assessment of a range of this state and country. She loved the Ballarat Begonia members of the opposition which she would keep us Festival. She made mention of it in her inaugural entertained with. She had a beautiful laugh. Do people speech and took every opportunity during members remember that? She revelled in and loved being a statements and debate — often regardless of the subject member of Parliament. She loved being a member of of the bill before the Parliament — to promote the the class of 1999. For so many of us it is wonderful to festival as one of the key events in the social calendar reflect back on those first few months of government. of Ballarat. As the member for Bendigo East would attest, we would often try to throw her off during debate In her inaugural speech Karen proudly described herself by saying, ‘Don’t talk about the begonia festival again’. as a working-class woman. A Ballarat woman through But she loved the begonia festival and understood how and through, Karen’s ideals were steeped in the rich crucially important it was not only to tourism in the tradition of our great party, particularly the principles of area but to the economic development of Ballarat. equality and social justice; principles Karen displayed throughout her entire working life. One of Karen’s most Karen was devoted to the people of Ballarat, enduring passions was for local government. She particularly the communities of Wendouree West and served with distinction in the Borough of Sebastopol Delacombe. The investment by the Labor government from 1982 until amalgamation in 1992, including a stint in neighbourhood renewal is one of her great and as mayor of the borough at the same time that I was enduring legacies. As former Minister for Housing I Lord Mayor of the great City of Melbourne. She had the honour to attend many events in Karen’s resumed her local government career in 1996 in the electorate, and the response that she received at these

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Tuesday, 30 August 2011 ASSEMBLY 2843 functions was genuine and heartfelt. I well remember election. This included working with people like an event two years ago when we were transitioning Matthew Jose and others to help her to win that seat, from state government support of neighbourhood and she did win because she knew everyone. The renewal at Wendouree West to a more local people who went to her would know her and she would government and community focus. There was a big know them, and that was a very special thing about event held up there to celebrate what had been a Karen as a member of Parliament, as a councillor at that remarkable turnaround of that community. Karen was time and as a candidate — that is, that people would not able to be there that day as she was nursing her actually go to her, talk to her and, more importantly, husband, Brian, through the last few weeks of his life. I respect her. Karen had that quality. She became the will never forget that day. A packed hall of hundreds of quintessential local member of Parliament. Not only did people wanted to thank the government for caring and she know the people, know their families, know their particularly to thank Karen for always standing with backgrounds and the things that they did and did not do them. but she also cared for them. She was there for them. That is a rare quality that in many instances is lacking It would be remiss of me not to mention in this in members representing communities at all levels. condolence the private part of Karen’s life that I was honoured to have a small glimpse of, and that was the She was very proud of the things she did as the local enduring love and companionship that she shared for member of Parliament who was at the functions, was nearly 40 years with her husband, Brian. As other with her community, was with her people in celebrating members have said, Brian would often join us when and in working towards the things they needed. She Parliament was sitting, enjoying lunch in the upstairs was there especially for the battlers and for the people dining room where he would offer me tips on fishing she knew and represented. We have heard about and outboard motors and tell me invaluable fishing Wendouree West and about Sebastopol and the tales. Sadly it did not translate to any success in my community centre, and in a very genuine sense her fishing endeavours, but he was always great company. heart was poured into those communities to give their Brian’s visits became more frequent as specialist people the life opportunities, to give those families a medical consultations became a part of his many trips shot, to give them the sort of chance that she believed to Melbourne. they should all have.

Brian’s death was a cruel blow to Karen and her family. She stood up for her community. We have all talked It was a loss, I believe, Karen never recovered from. In about how we had discussions with Karen and how mourning Karen’s passing today we acknowledge that some would say she was very strong-willed person. we have lost one of our best; a person of integrity and With the regional rail upgrade, the flagship service was ideals steeped in the best traditions of the Australian one of which she was very proud. A range of timetable Labor Party, always standing with working people, the changes came into place, but the train service that went poor and homeless. We extend our sympathies to her directly from Ballarat station into the city was one of children, Brett and Shae, and their extended family. which she was absolutely proud because it connected her communities directly with Melbourne. We had Mr NARDELLA (Melton) — I want to say some problems a few years ago when people in Melton goodbye to my friend Karen. You do not have many could not get on the train. I started to talk about how we friends in politics, but in Karen I think I did have a could, maybe, get the train to stop at Melton. I was friend. I saw her on the Sunday before she passed away, wrong, because she then went into overdrive to protect and our dogs got together and shared a carrot. It was the that flagship service and her community. She talked to first carrot that Dolly, my dog, had had but one of many the Premier and the Minister for Public Transport, and that Ruby had had. One of the things about Karen was that was a very short-lived idea that I had. that she loved her animals. That was said at the funeral, and as the honourable member for Macedon said, the We went to Egypt with Karen and Brian, and the way she was with Ruby and her previous dogs was honourable member for Macedon has talked about that lovely. trip. One of the things that came up at Karen’s funeral was how she and Brian dressed up one night as part of I first met Karen around 1985 when I was an organiser the tour activities and the photo went up at the funeral. for the Australian Labor Party. At that time she was They really did make a nice couple, and they had a working for Frank Sheehan, and in that capacity she really good time. She paid her way on that trip, and she was also massively representing her community. Then always paid her way. in 1998–99 I had the honour of working with her and others in the district on their campaigns before the state

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She would get on the phone. One of the last times she very quickly, because it was instinctive in Karen to get got on the phone was when the government lost a vote it right. and there was some further debate about having that vote again. She got on the phone, and she was very As someone who comes from the other side of the animated. She kept on telling me how when she first world, talking with Karen was fantastic because she got into government, members had to be here for every was a bit of a lecturer. She taught me Australianisms, vote because if we lost a vote, we lost that legislation or some of which I cannot put on record. I will never we lost the Parliament. It was very important, and again forget a discussion we had when we were both having a she was very passionate about that. drink on the balcony — she was having a ciggie and I was not — and it was during difficult times for me. She The passing of her brother really knocked her around, said to me something that struck me: ‘You lie down and she was constantly up in Mildura when he was with dogs and you wake up with fleas’. I had to think going through that. It was a precursor of what she then about this, because in my culture it is not something had to deal with with Brian, which greatly affected her you hear every day. It absolutely struck me, and I and her family. As other people have said, I do not worked through the meaning of it, which would make think she ever got over that. sense to most if not all members. It is one of those Australianisms that one reads from time to time in Don She has left a legacy in her community and in Ballarat. Watson’s histories or in books about language; but I That legacy includes the betterment of the people, the heard it from Karen, and to her it was natural. individuals, the families, the institutions, the schools, the train service, the Ballarat base hospital, the The other interesting discussion I had with her, if I may community and neighbourhood houses and the Ballarat divert for a moment from the exemplary contributions Begonia Festival, but most importantly, she has left the made by previous colleagues, was when she asked me legacy of her family and her grandchildren. I would like about my surname. Not surprisingly I carried on for a to thank Karen for being my friend. couple of minutes explaining the history and the proper pronunciation of the name. She tried it, she did not get Mr LANGUILLER (Derrimut) — I join my it right and then she said, ‘You don’t get mine right colleagues on both sides of the house to pay tribute to either, so let’s agree that I call you Telmo and you call Karen in this condolence motion. As you would be me Karen’. It was an amazing conversation, and she aware, Speaker, I was elected to this place in 1999 like was absolutely that kind of person. Karen and so many of our colleagues, and not surprisingly we all formed a very special bond — the There is no question that the Karens of the world do a class of 1999. lot of good for this nation. They are a plain and simple reminder of what this nation is all about. If you had Those of us on both sides of the house who spent time talked with Karen over her 11 years here, as we all did, with Karen — but particularly, if I may, on the Labor you would have talked about the Eureka Stockade, side — get emotional when talking about her because what it meant to the Australian spirit and certainly what Karen was all heart. She stood up for the things Labor it meant to Australia. She would try to flog the Eureka has stood up for for more than 100 years. Karen was Centre as a great tourist attraction and invite you over, that kind of person, whether in the caucus room or and you would agree to go. She was promoting tourism when having simple conversations. When we spoke — but with a great sense of Australian history and indeed typically here at Parliament House on the balcony — Ballarat and regional history. I thank her for that, and I she would remind me in very simple terms of what think we all do. Labor is all about. When you talked with her she would also talk about She did a lot of good in the community. It is good to local council and what it means to be a local councillor, have people like Karen in every group in society but and the more she talked about it the more I recognised certainly in the Labor Party, because she would get it the amount of work she did for council — and perhaps right, naturally. There would be briefings by ministers, from time to time I thanked myself for not being with papers and documentation everywhere, and I elected a councillor — for that wonderful place remember only too well as parliamentary secretary to Sebastopol and for the city of Ballarat. She did some the Minister for Housing that Karen would turn up with fantastic work, as evidenced by the descriptions given big folders and would want to get it right, succinctly. in this chamber by her colleagues of her commitment Keeping it short, sharp and simple, she would say, and her passion, even when she was walking down ‘We’re looking after ordinary people’. Or if you were aisles in shopping centres, walking along the street or talking with her about disabilities, she would get it right stopping at a petrol station — you name it. She was

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Tuesday, 30 August 2011 ASSEMBLY 2845 absolutely fair dinkum all the way through. She was day that I have served in this place. It is up there with Labor and she was working class. the condolence motion moved after Black Saturday, when I had to speak about the deep sadness of the 1 I have been in this place for 11 ⁄2 years — not long Black Saturday fires and how they afflicted my enough yet; and I will be back on the other side one day community. too — but I have not heard from either side of the house such recognition for someone who is working Karen was a stayer and a trailblazer for the Labor Party, class in the true and respectful Australian meaning of for women, for the working class and for her beloved that term. On behalf of the opposition I thank Ballarat, especially places like Sebastopol and government members for showing understanding and Wendouree West. She was a stayer in that if she respect for what it meant to Karen to be called working became involved in something, she stuck with it. This class. included being in local government for 16 years and in state Parliament for 12 years, being an electorate officer Karen certainly understood the issues of women also. for 8 years, being a welfare worker for 5 years and Everyone who has made a contribution has being married to Brian for 39 years. For all of us here acknowledged that fact, both in the chamber and she did not stay long enough — 59 is too young to outside it. She knew about the plight of women, the die — but in those 59 years she packed so much in. importance of equal work and equal pay, and the meaning of family and children and how much tougher It is a deeply sad time for her family, for the class of it is for women to do everything in life — 1999, for all of us who served with her and for her professionally, work-wise and certainly family-wise — successor in Ballarat West, Sharon Knight. When we and she understood it naturally from her upbringing and think about people who die before their time, we from her community; it was all of those things. always say one of the experiences of deepest sadness for a human being is to lose a child. In a sense for I am grateful for the contributions that people have Karen’s predecessor in representing the area, Frank made, and I think we are all grateful because Sheehan, and the premiers she loved and served with, collectively everybody has said something good about Premier Bracks and Premier Brumby — for those three Karen and highlighted her strength, her character and men — it must be like losing a daughter. For those of indeed her commitment to Labor values and what she us who served with her, it feels like we have lost a did in her community. Karen would not say those sister. things about herself, so it is incumbent on us to quite correctly and appropriately say them for her and put on As I said, Karen was a trailblazer. She paved the way record the contribution she made, because she would for women across the state — for women in local never do so. government, for Labor women and in particular for Labor women in Ballarat. Her election in 1999 paved I read a quote from Karen in the Ballarat Courier of the way for the 2001 election of Catherine King to the 12 August: federal seat of Ballarat, for the 2006 election of Jaala Pulford and Gayle Tierney in Western Victoria Region I saw myself not as a politician but as an advocate, as a voice for the people. in the other place and for the 2010 election of her successor as member for Ballarat West, Sharon Knight. She was fair dinkum about that. Through and through, Karen was truthful about that, and if that could be said During the celebrations of the centenary of women’s about anyone in this place, it could be said about Karen. suffrage in Victoria we learnt that many fewer women I have read lots of things about myself in the papers, but than men have served in this place. Of the 97 Labor I look forward to the day when I can read something women to have served here, Karen is only the fifth to about myself akin to what was written by somebody die — Fanny Brownbill, Beth Gleeson, Pauline Toner about Karen: and Jan Wilson are the others. It just shows that it is only relatively recently that women, and indeed Labor … you will be sadly missed. I hope our civic and political women, have served in this place. Sadly, two others I leaders find an appropriate way of honouring your memory have served with are currently very ill. I say to them and acknowledge your service to the Ballarat community. It was outstanding and equal or better to any other in Ballarat’s and those sitting behind me — do not even think about history. it!

Ms GREEN (Yan Yean) — It is a great privilege to Others have talked about getting phone calls from join the condolence motion for a great friend, Karen Karen giving advice or a dressing down. I remember a Overington, and I think this is up there as the saddest supportive phone call she made to me. Despite the

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2846 ASSEMBLY Tuesday, 30 August 2011 terrible time she was going through with the illness of She certainly did that, and the disempowered were there her husband, Brian, who had been her soul mate since at the end to say goodbye to her and thank her. She also she was 15 — few people could say they have the said in that inaugural speech: connection that she and Brian had — she took the time to phone me after Black Saturday, that dreadful event I deeply regret that my parents, Charlie and Maureen Brown, passed away too soon to see me in this place, but I know they that afflicted my electorate. She was very concerned walk with me. about how I and my community were travelling. I know the same went for Ben Hardman, who was then the She now walks with them and with her beloved Brian. member for Seymour. I express my thanks to Karen for the time she took for me then, and I know there were so Vale, Karen Overington. many others in Karen’s life whom she took time for. Ms BARKER (Oakleigh) — It is with much Part of Karen’s legacy in Ballarat will be health sadness that I express my condolences on the passing of services and the Wendouree West neighbourhood a great Labor woman, Karen Overington. Karen was renewal project. The member for Bendigo East spoke first and foremost a loving wife, mother and about being an organiser for a Ballarat campaign in mother-in-law, and she was an absolutely devoted and 1998. I was an organiser for the federal Ballarat adored grandmother. I extend my deepest sympathies to campaign in 2001, organising a visit for then opposition Brett, Shae, Lisa and Dean and to her adored leader Kim Beazley to the Wendouree West grandchildren Sarah, Ebony, Rhys and Ellie. neighbourhood house. Whenever you organise an Karen was a strong and dedicated Labor woman who event, there is a time before it starts when you wonder had many great achievements in her political life — not whether it will be a success, but because of who Karen that she would ever boast about them, because that was Overington was all these people poured in on her not in her nature and was not the way she went about invitation to meet the then opposition leader. Karen life. She was a councillor for 16 years with the former stood up for jobs in Ballarat, for the regional rail link Borough of Sebastopol, including serving as mayor, and for the building of Wendouree railway station. She and then with the Ballarat City Council. If it were supported people with disabilities and the provision of Karen in here today, she would not say ‘Sebastopol’, more leadership opportunities for women and girls. she would say ‘Sebas’. I remember the first time we It was a privilege to attend Karen’s funeral, which was were talking about that region and she used the term a reflection of how she was in her life. It was not ‘Sebas’. I had to ask her at the end, ‘Where is Sebas?’. lengthy or fussy but was filled with warmth and She said, ‘Sebastopol’. Karen loved the area and knew humour. That great Patsy Cline song, Walkin’ After it so well that it was ‘Sebas’ to her. Midnight, was played. Patsy Cline was a sassy woman Karen was the first woman elected to represent the who was a great singer, and Karen was a sassy woman Ballarat West electorate as well as being the first Labor who made a great contribution to this place and member for that seat. As I said, she had many great Ballarat. The attendance at the funeral was huge. There achievements, and she just got on with it. She will be were two former Premiers, former ministers, members most remembered and honoured for her activism in the of Parliament, councillors and Karen’s beloved community of Ballarat. I did not know Karen until she family — but the ordinary battlers were the ones who was elected. I knew of her, but I did not know her, and I were there in huge numbers. They were there at had not had the opportunity to get to know her well. I Karen’s passing. Her departure from public life and am so glad and honoured that I had that opportunity. from life was as she entered it. As she said in her inaugural speech: We found we shared many similar paths in our lives. I am proud to describe myself as working class. I grew up in a We were the same age, although I reminded her household where issues of equality and social justice were constantly that she was older than me. We both grew up part of regular discussions. It was not unusual for me to wake in working-class Labor families where it was simply a up and find at the kitchen table a homeless man, a normal part of life to be involved in and supportive of conscientious objector discussing the obscenities of the the communities in which we lived. We both married Vietnam War or a patient from Lakeside Hospital brought home for Sunday lunch by my dad, who was a psychiatric young, we had children young, we doted on our nurse. grandchildren and we began our political involvement around the issue of education involving our children From an early age I was encouraged to recognise social injustice and empowered to go about setting things right. and other children in our communities. What made us determined to join the Labor Party was the dismissal of

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Tuesday, 30 August 2011 ASSEMBLY 2847 the Whitlam government. There were very many was a project championed by a battler for the battlers. It is this similarities and similar paths in our lives. type of project that continues to improve the lives of people who are involved, even with Ms Overington’s passing. Her ability to connect and understand the plight of the less However, there were a couple of differences; one being fortunate in our community seems so often lost in the modern football, of course. Karen was a passionate Bulldogs political atmosphere of revolving media opportunities and supporter — — election spending splurges.

Mr Noonan — Finally! The editorial concludes:

Ms BARKER — Yes, finally. Finally someone has For those who have benefited from her work, she will not be forgotten. said it. I could not agree with her on that; I will remain with Essendon forever. There are so many people who have benefited from Karen’s work that she will definitely not be forgotten. Mr Wynne — We all have our cross to bear! The one headline, which again was in the Ballarat Ms BARKER — We all have our cross to bear, yes. Courier, which I think says it all ran following Karen’s We were quite happy to share a difference in football. service, which was well attended. It was ‘Champion of In music I like Patsy Cline but perhaps I have a the people laid to rest’. I think that says everything different taste in music to Karen. She loved country and about Karen Overington. I am greatly honoured that I western music. had an opportunity to know her more. I think the people of Ballarat were very fortunate to have her born, grow A great difference between us was that I grew up in up, live and work in Ballarat, and advocate and deliver Tasmania and I left my childhood community and I for that community. Too soon, my friend. She has left started my involvement in my community here in us too soon. Rest in peace, Karen Overington. Melbourne. Karen did not leave Ballarat. It was her place of birth, childhood and adulthood and her place of Ms PIKE (Melbourne) — I am very honoured to be community involvement and action. It was the place able to say a few words about the life, the passions and she wanted to make better for all its residents. She the commitments of Karen Overington. It really has knew so much about her place. She knew the residents, been very moving to be here in the house this afternoon the streets, the schools, the senior citizens and the to hear the kinds of sentiments that have been expressed Returned and Services League. She knew the war by people from both sides of the house about a very veterans and the pony club and all of the things you remarkable woman. needed to know to be able to speak volumes about your We have heard that there is always a very special bond place and how you want to make it better. She knew all shared by those who come into this place at the same the people and services which made up her community. time, and we have heard a lot about the class of 1999 Importantly, she knew there were many in her who were elected alongside Karen Overington, and I community who needed help and she simply set about was a member of that class too. Like all of us she was doing whatever she could to make their community a absolutely delighted to have the opportunity to come to better place. There was no fuss, just plain, honest hard Parliament. She was delighted to have won her seat work. because she knew what that represented. She knew it Many have spoken about her leadership of the would provide her with a unique opportunity to Wendouree West renewal project, which says much continue to advocate for her community, a community about Karen. She worked hard to ensure the physical that she had worked for and worked within and grown surroundings and services were funded, but it was her up in and loved and cared for all her life. She was full work with the people which will remain an enduring of optimism at that time because she saw it as a legacy of just who Karen Overington was. She wonderful opportunity to support the aspirations of her mentored, supported and encouraged the people of her community for a better future. She had high community to recognise their own worth, and she gave expectations for her community, and she knew that by them an enduring power and ability to continue to grow being a member of Parliament she could work for more as people and as a community. That will be her legacy. jobs for people in her community. She could work towards renewed public housing, for cleaner and safer I also wish to quote from an editorial in the Ballarat streets and for better health care. Fundamentally she Courier; it says a lot. It states: wanted to get more kids going to school and she wanted those kids to stay there a lot longer. She wanted them to The delivery of the Wendouree West renewal project, have a great public education in great facilities, because designed to rebuild the disconnected community which called she knew what a high-quality education could provide. the area home, will remain her major political achievement, It

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That is why she was so delighted when Wendouree moving day for Karen. She was front and centre and West was chosen as the very first site for was acknowledged by the members of her community. neighbourhood renewal. She could see all the promise, Many of those community members attended Karen’s the possibilities and the potential for her community. funeral. It was not just her family and her work She got it; intuitively she knew what the program was colleagues; it was ordinary people from her community, about. She did not have to read the reams of people whom she had served and worked with. Kevin documentation. She did not really have to sit through was there — — the briefings. She understood what joined-up government could mean, and she understood the An honourable member interjected. promise for her community in that program. Ms PIKE — Yes, Kevin was there with his T-shirt She grabbed the opportunity to chair the community on. Members of the Wendouree West Community reference group. Time and again, over and over, she Renewal Committee attended the funeral as well as wanted to make sure that the initiatives emerged from members of her community — people who loved and the community were driven by the community and respected Karen so very much. were not the smart ideas of people a long way away in Melbourne — of bureaucrats as she described them — It is interesting that just last week the Sunday Age had a or of other people who did not live there. She did not feature article on life in one of the ‘most socially want the decisions made by those people. She wanted disadvantaged suburbs in Victoria’. There is a picture the decisions to emanate genuinely from the with the title ‘Postcard 3555: Wendouree’ and the community. article is headed: Nothing comes easy in Wendouree West. But beyond the It is interesting that Kevin Waugh has been quoted here hardship is a community with a strong and beating heart this afternoon. Kevin was one of the initial members of the community reference group. He is a person who Karen herself had that strong and beating heart — a grew enormously through that project. He is a really profoundly strong and deep love for her people, for the tough guy with lots of tattoos, lots of earrings and lots community, for her colleagues and for her family. That of hard life experience. When he was first appointed to woman with that strong and beating heart will be very that committee, having been nominated by Karen, he deeply missed. said to me, ‘Do you know, this is the first time in my life anyone has ever asked me what I think’. That was Ms CAMPBELL (Pascoe Vale) — I wish to pay what Karen wanted to promote. tribute to Karen. I would like to give my own perspective regarding some of the things that have I drove up one day to meet her and her group at the already been mentioned by other members: Karen’s community house where they met. She insisted that we husband, Brian; her views on local government; the plant a tree in the garden of the neighbourhood house, election campaign of 1999; her inaugural speech in which really was the focal point for the neighbourhood 1999; and two occasions that I remember and hold dear. renewal program. It became a great symbol of new life and hope for that community. I know the member for Karen often sat in the parliamentary dining room, Richmond in his role as Minister for Housing went because she did not really want to go out. She enjoyed back many times. We saw the tree grow and we saw sitting there; there was no fuss and she did not have to that community grow and become stronger. Karen go out and decide which restaurant to attend. She drove that project with tireless effort and enthusiasm. I almost always chose the parliamentary dining room. remember the day I went up there with former Premier When you had the pleasure of enjoying dinner with Brumby, Minister Wynne and others to open the new Karen, the subject of family would come up over and primary school, which of course was not just a primary over again. When you heard her speak as a new school but had an integrated library and community member, it was obviously about her electorate. But facility, a men’s shed and was the place where services what struck me was that, other than Keith Hamilton, a were all connected. former member and minister in this place, she was one of the few people who sat in the parliamentary dining We were celebrating much more than just a new room and actually talked about her husband lovingly. building; we were doing much more than just unveiling a plaque. We were celebrating the growth of so many Honourable members interjecting. people’s lives; we were celebrating the opportunities Ms CAMPBELL — There might be a lot of people that people would inevitably be given. It was a very who do, but Karen proudly talked about Brian being the moving day for all, and it was certainly an incredibly

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Tuesday, 30 August 2011 ASSEMBLY 2849 love of her life. I think it was an absolute tribute, as so anyway, so why should you?’. I thought, ‘Well, Karen, many others have said, to the lifelong romance that they that is one take on it’. But it was somewhat different if had. I too marvelled at her enjoyment of trucking you were in Melbourne; we did not have the Ballarat holidays. I could not see myself spending time in the Courier. front seat of a truck — it is hard enough in the front seat of a car driving anywhere with our loving family, let The other occasion was the abortion debate. For those alone in a truck — heading off to a week or fortnight members who were here it was a very long debate. holiday, but Karen always talked about that. I think Karen had not participated until an amendment on many of us forget the worries that a wife or a husband optional counselling was put before the house at feels when their spouse works in a dangerous job. 11.00 p.m. or 11.30 p.m. Karen, who was not well at Karen always thought it was very special to know that the time and had been out on the balcony, stormed in Brian got home safely. She worried about those and let fly with exactly what she thought about this long-haul trips because she knew the dangers of the amendment. Her comments were not quite on the mark trucking business and being on the road. in relation to the amendment before the house and Karen was in here saying absolutely the opposite to me, People have mentioned her contribution in local but I admired the fact that she was not going to put up government. One of the things which has not been said with what she considered to be bull. She was going to but which we need to acknowledge is that these days come in and make her contribution and, short though it local government is recognised financially. Local was, it was well remembered. councillors now receive some kind of stipend for the work they do. At the time when Karen took up the If I could now speak primarily to my Labor colleagues cudgels it was all done voluntarily, and she was often here today, our memorial to Karen has to be that she the champion of volunteers in this house. placed high demands on herself and on the Labor Party. The key to her, for me, is that on the occasions when In the 1999 election campaign Karen had zero regard she disagreed with a Labor decision she would stand for the Kennett government — perhaps zero is too high tall and proud and say, ‘If Labor does not stand up for a rating. Her inaugural speech had virtually no positive people, who will?’. As members of the Labor comment to make about the Kennett government in any parliamentary caucus our memorial to Karen should be shape or form. When you are out on the campaign trail recommitting to stand up for the people of Victoria. as a shadow minister it is really good to know that someone is 110 per cent with you. Karen was there as To Brett and Shae, I extend my condolences. May an outreach worker in the community services sector. Karen rest in peace.

I think the inaugural speech she delivered in this house Mr CARBINES (Ivanhoe) — I rise to add some was fantastic, particularly her comments on compulsory personal reflections on the condolence motion for the competitive tendering. She had no time for that. She former member for Ballarat West, Karen Overington. It also had no time for the freeze on local government is humbling to follow so many members who clearly rates because she knew that meant less services. She have so many great memories of their time working always thought that in their hearts people were good with Karen. I did not have the opportunity to serve in and would be prepared to pay taxes for the common this place with Karen; however, I was able to work with good. She also talked about the savage cuts to her during her three terms in Parliament in some of the community services made by the Kennett government portfolio areas that she was very passionate about. and, as was mentioned by the Minister for Sport and Whether it was public housing, health, aged care or Recreation, it is rare that people get away with the kinds education, they were all areas where Karen sought of things that Karen said in her inaugural speech. improvements and advancements in her electorate. However, we understood where Karen was coming from. From our perspective we thought, ‘Yes, Karen, I saw that passion firsthand many times during my time go! Go!’ — it was just what we wanted to hear. as an adviser in those portfolios. I soon learnt that if I had to see Karen about funding issues or a problem There are two occasions from Karen’s time here that I relating to a constituent, preparation was the key. Karen would like to refer to. They both hold a special place would know what she wanted: she could sniff out for me for different reasons. The first occasion was in bureaucratic nonsense or spin in a moment. I would relation to a screaming front-page lie in a daily often get a look from her, like that of a disapproving newspaper. After that front-page lie became the topic of aunt, if she thought my answers were perhaps falling ongoing media commentary Karen was there for me. short of her expectations. I can remember many times She said, ‘No-one takes any note of the Herald Sun looking back at her as she weighed up whether the

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2850 ASSEMBLY Tuesday, 30 August 2011 needs of her electorate were being met on one issue or The SPEAKER took the chair at 8.03 p.m. another. The SPEAKER — Order! On a temporary basis, Honourable members have talked about Karen never because of her injured knee, I have taken the liberty of forgetting where she came from or what she stood for. moving the member for Footscray to the front bench, so She also had the effect of providing timely reminders to she has been elevated. But unfortunately the member Labor members and staffers in government of the for Mill Park has been demoted to the middle benches. limited time we have to advocate and deliver lasting Those arrangements have been made. results to Labor people who rely on progressive governments to improve their opportunities in life. Karen did not waste a moment. She always took a keen DISTINGUISHED VISITORS interest in my local government career. She had a lot of success and experience in local government, and I place The SPEAKER — Order! I would like to welcome on record my thanks for her support and advice, Mr Steve Georganas, who is the federal member for the particularly as we worked to establish the West seat of Hindmarsh. It is a pleasure to have you here, Sir. Heidelberg neighbourhood renewal project. As has been touched on by the member for Melbourne and QUESTIONS WITHOUT NOTICE others, Karen’s Wendouree West community renewal project was the gold standard, and my residents drew Victorian certificate of applied learning: inspiration from Ballarat’s success, in large part her funding work. Mr ANDREWS (Leader of the Opposition) — My Karen and I used to also trade pot shots about the question is directed to the Premier. I refer the Premier respective weather in Ballarat and Melbourne. I can to a letter from Narre Warren South P–12 College remember being in Ballarat for one of Labor’s year 12 school captain Ashlee Leitch, which states: campaign launches. I was frozen solid waiting to get into some community hall, and I saw Karen and The VCAL coordinators have been instrumental in my thought she must be cold too. When she saw me, she success. Since joining VCAL I have not been suspended once smiled and waved and said, ‘A great day in and have maintained excellent attendance. Ballarat!’ — and I reckon she meant it too. She had the I ask: will the Premier step in and overturn the decision last laugh of course when the sun and blue skies of to cut $50 million from the VCAL (Victorian certificate Ballarat greeted mourners the other week. Karen, more of applied learning) program? than many others, knew her town, her electorate and her constituents. Mr BAILLIEU (Premier) — I thank the Leader of the Opposition for his question. I say up-front that there Finally, a strong Labor Party and a strong Labor has been no cut to VCAL programs — the delivery of caucus, indeed a strong Parliament, needs people like VCAL programs remains. Karen Overington and, although poorer for her loss, I for one will be a better community advocate for having Honourable members interjecting. known her. My condolences to Karen’s family. Mr BAILLIEU — Overall the budget for the Motion agreed to in silence, honourable members delivery of the VCAL program increased by 9.5 per showing unanimous agreement by standing in their cent from 2010–11 to 2011–12. When the Victorian places. certificate of applied learning was introduced for year 12 in 2003 an additional payment for coordination was made over and above the funding for the delivery ADJOURNMENT of services. The coordination payment was made to assist with the introduction of VCAL, and in our Mr McINTOSH (Minister for Corrections) — I assessments — — move:

That, as a further mark of respect to the memory of the late Ms Green interjected. Karen Marie Overington, the house now adjourns until 8.00 p.m today. The SPEAKER — Order! The member for Yan Yean! Motion agreed to.

House adjourned 4.59 p.m.

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Tuesday, 30 August 2011 ASSEMBLY 2851

Mr BAILLIEU — We appreciate that VCAL has industry faces substantial pressure from economic and served a need for year 12 students across the investment uncertainty, the future of the carbon tax, the community. That is why the funding for VCAL is strong dollar, failing consumer confidence, economic remaining. However, the funding for coordination was volatility under the current federal government, the designed to develop the VCAL program, and it is a fee budget constraints we have inherited substantially from for services — — the previous government and indeed a reduction in GST from the current commonwealth government. Honourable members interjecting. Nevertheless, in the last few weeks alone there have The SPEAKER — Order! Members will desist been more than 1400 jobs generated in this state, and I from interjecting. just want to mention a few. The Jam Factory is set to undergo its largest renovation, including the first Mr Hulls interjected. Australian store of British-based retailer Topshop. The SPEAKER — Order! The member for Challenger Diversified Property Group plans to Niddrie! redevelop the historic Chapel Street centre through a $16 million renovation. The Topshop store alone will Mr BAILLIEU — It is a fee for the service of employ over 110 new staff. delivering the coordination. The argument now for such a payment is not as strong. VCAL is now embedded in There is a new $12 million state-of-the-art the school system and has been successful. There is no pharmaceutical distribution facility in Dandenong special coordination payment for VET (vocational South that involves Ascent Pharmahealth, Eris education and training) or for VCE (Victorian Pharmaceuticals and Central Healthcare Services. Last certificate of education) in schools. VCAL is now an week the Minister for Planning approved the embedded part of the school system. It varies in its consolidation of the global headquarters of Australian patronage from school to school, and we have made the retail chain Cotton On in Geelong. The expansion of its judgement that VCAL needs to be supported. There is head office building will enable Cotton On to grow in no cut in the VCAL program. The coordination fee is Geelong, with a $6 million investment and the creation now — — of up to 200 extra jobs.

Mr Andrews interjected. Mr Eren interjected.

The SPEAKER — Order! The Leader of the The SPEAKER — Order! The member for Lara is Opposition! on a warning.

Mr BAILLIEU — As I said, there is no Mr BAILLIEU — The initial results from the coordination fee for VET in schools or for VCE, and Victorian government’s trade mission to India in April we believe that VCAL can continue to flourish without have also been very positive and successful. This was the coordination fee. Australia’s largest ever trade mission to India. The Minister for Innovation, Services and Small Business Employment: growth led that delegation. There were over 60 businesses represented; we have talked about that before. Already Mr ANGUS (Forest Hill) — My question is to the in excess of $60 million of additional exports, Premier. Is the Premier aware of recent positive $19 million in capital investment and over 570 jobs developments in the economy which will deliver more over the next two years have been generated from that jobs for Victorians? visit. It is our view and the view of those who participated in that trade mission that there is more to Mr BAILLIEU (Premier) — I thank the member come. for his question and for his interest in productivity and jobs in this state. I am sure that all members of Last week the minister for small business announced Parliament are concerned at any job losses anywhere in almost $3 million in grants through the Competitive Victoria, and this government is committed to working Business Fund. That fund will help 17 companies with businesses to bolster growth, economic improve their global competitiveness, enhance development and productivity. Victoria does not enjoy productivity, save money on production costs and the resources of some states. Nevertheless, we believe create more local employment. that this state, in the face of substantial pressures, has continued to maintain a sound position. Victorian In addition, last week the Minister for Technology opened the new Melbourne head office of DB Results,

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2852 ASSEMBLY Tuesday, 30 August 2011 which will generate 100 new jobs and deliver IT VCAL. The minister should answer the question in projects for clients locally. Victorian industries are accordance with the standing orders. fighting hard in difficult times with more than 1400 jobs announced in the last three weeks alone. We The SPEAKER — Order! I do not uphold the point stress again that this government is focused on the of order because VCAL and cuts to VCAL were part of essentials; it is focused on productivity. the question that was asked. The minister is explaining the cuts. It is notable that some people are not even prepared to talk about productivity. Despite the fact that the Mr Hulls — On a point of order, Speaker, I seek Reserve Bank of Australia believes it is essential and clarification. Just so we are clear, you agree that the major businesses across Australia believe it is essential, minister said they are cuts — the Premier said they the one group that will not even touch it is over on the were not cuts? other side of the chamber — that is, the opposition. The SPEAKER — Order! I am not making any Victorian certificate of applied learning: decision on who is right or wrong. What I am saying is funding that the answer that was being given by the minister was relevant to the question that was asked. Mr HERBERT (Eltham) — My question is to the Minister for Education. The president of the Victorian Mr DIXON — As I was saying, one of the things Association of State Secondary Principals, Mr Frank we inherited were cuts by the previous government. We Sal, has said the $50 million cut to VCAL (Victorian found that one of the lapsing programs we inherited certificate of applied learning) ‘reflects a very poor was the vocational education and training (VET) in understanding of this important pathway for schools program. Under the previous government there 12 000 students’, and I ask: does the minister agree was absolutely no money for vocational education and with Mr Frank Sal? training programs in Victorian government schools; that was going to run out at the end of this year. In our Dr Napthine — On a point of order, Speaker, I budget we have resurrected that money because we suggest you ask the honourable member to rephrase his value that program. question, because the question currently seeks an opinion, and that is not in line with standing orders. Honourable members interjecting.

The SPEAKER — Order! I uphold that point of The SPEAKER — Order! I ask the house to come order. The member for Eltham is to rephrase his to order. This is question time. The member has asked a question. question, and the minister is answering the question. I expect some silence. Mr HERBERT — My question is to the Minister for Education. The president of the Victorian Mr DIXON — Mr Frank Sal is not correct. The Association of State Secondary Principals, Mr Frank only changes to the VCAL program are about the Sal, has said that the $50 million cut to VCAL ‘reflects coordination. As far as the vocational education and a very poor understanding of this important pathway for training and Victorian certificate of education programs 12 000 students’. Is Mr Frank Sal right? are concerned, which have been running in Victorian schools for a long time, there is no extra money for The SPEAKER — Order! I am allowing the coordination. The VCAL program is now mature. The question. reason the coordination was set up in the first place was to bed that program down. The VCAL program has Mr DIXON (Minister for Education) — I thank the been running for eight years now, and 70 per cent of member for Eltham for his question. This government, schools have been offering the program for about three as has been pointed out, has had to make some tough years. The program has matured, and there are many financial decisions. The reason we have had to make other ways in which schools will be able to work on these tough financial decisions is because of the coordination, and with outside agencies as well, to financial mess we inherited from the previous provide coordination services. The government and the government. We have been ripped off — — department are more than happy to work with any schools that may be having difficulty with the transition Mr Andrews — On a point of order, Speaker, the program. minister has been debating the question. The question does not relate to the opposition; the question relates to

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Tuesday, 30 August 2011 ASSEMBLY 2853

Employment: regional and rural Victoria what a great announcement it was — another 50 jobs being created. Another 50 jobs have been created at Dr SYKES (Benalla) — My question is to the Bendigo in the making of the new tiered body armour Deputy Premier, who is also the Minister for Regional system for the Australian Army, which I know has and Rural Development. Can the Deputy Premier thrilled the member for Bendigo East; 30 jobs have advise the house of any recent developments which will been created for V/Line’s new maintenance facility at encourage jobs in regional and rural Victoria? Ballarat, and I am sure the Ballarat members are thrilled about that; and 29 jobs have been created at Dulhunty Mr RYAN (Minister for Regional and Rural Poles Pty Ltd in Geelong for the manufacture of power Development) — I thank the member for Benalla for poles. his question and for the great work he is doing in his electorate on behalf of the people who have sent him An additional 25 jobs have been created in the Bendigo here to represent their interests. Driving economic region at Moira Mac’s Poultry and Fine Foods through growth and creating jobs in the regions is of course a a $1.2 million investment in high-pressure processing priority for the coalition government. technology. I had the great pleasure of being there recently at the company to make that announcement in As the house knows, the centrepiece of the conjunction with Mr Drum, a member for Northern government’s approach to regional development is the Victoria Region in the Legislative Council. What a $1 billion Regional Growth Fund. Some $100 million great announcement it was, and it was welcomed by from the fund has been allocated to the Energy for the everybody in that area. Another 14 jobs have been Regions program. As we all know in this chamber, created at the Bright Brewery as part of a $720 000 energy is a major cost for regional businesses. For expansion of the company’s boutique brewery example, as part of the Energy for the Regions program announced last week by the member for Benalla. It was the government is looking at the best way to overcome a great announcement, and it was announced with the natural gas supply constraints in Mildura. We flourish too, I might say. anticipate a solution to that problem and being able to enhance delivery of the gas supply to Mildura. The government recognises that there are challenges facing companies throughout regional Victoria, not the Extending that gas network into Sunraysia will reduce least of those being from the carbon tax which the the cost of business, improve productivity and, in the federal government wants to impose on our businesses, longer term, create further jobs in that magnificent part a tax which is supported by the Labor opposition here of the state. Similarly the government’s country roads in Victoria. What we intend to do though is make sure and bridges program, which is investing $40 million we continue with the creation of jobs in regional every year, will improve local transport links, reduce Victoria. the cost of doing business and, of course, will also assist in the creation of regional jobs. Victorian certificate of applied learning: funding The government also facilitates direct investment through companies that are expanding and providing Ms GRALEY (Narre Warren South) — My job opportunities through regional Victoria. I am question is to the Minister for Education. I refer the pleased to say that since December last year the minister to a letter by Mitchell Dunne from year 12 at government has leveraged investment of more than Narre Warren South P–12 College, which states: $600 million throughout regional Victoria, creating more than 600 jobs. Examples include, as the Premier … if we didn’t have VCAL, I wouldn’t be where I am today has said, 200 jobs at Cotton On Clothing, a label in and wouldn’t have the qualification that I have now … Geelong, and 160 jobs through the establishment of If it wasn’t for the coordinators of the VCAL program at True Foods in Maryborough. I know the member for Narre Warren South P–12 College, I probably would have Ripon was delighted to be present recently when I dropped out in year 10. made the announcement about the $500 000 we are contributing to enable that important investment to go I ask: will the minister overturn the decision to cut ahead in Maryborough. $50 million that will result in Victorian certificate of applied learning (VCAL) teachers being axed? Another 50 jobs are being created in the Kiewa Valley up at Tangambalanga — and I am sure everybody in Mr DIXON (Minister for Education) — I thank the the chamber has been there. I had the great pleasure of member for her question. There are absolutely no cuts going there the day that announcement was made, and to the delivery of VCAL in Victorian government schools. The only change will be in the coordination of

QUESTIONS WITHOUT NOTICE

2854 ASSEMBLY Tuesday, 30 August 2011 those programs. There will be no cuts to the actual said earlier, the 17 companies that were funded under delivery to our students in the schools. Just as I said in this program have been funded to improve their global my previous answer, vocational education and training competitiveness, enhance productivity, save money on (VET) coordinators and Victorian certificate of production costs and create more local employment. education coordinators that have been in our schools for These projects represent $20 million worth of years do not receive extra funding for the coordination investment. programs they run and the duties that they carry out. Ms Allan interjected. VCAL has actually matured and, as the Premier said, the funding in VCAL has improved by 9 per cent under Ms ASHER — By way of responding to an very serious financial conditions. This government is interjection, which I know I should ignore — — absolutely committed to vocational education and training. We had to resurrect the VET program that the The SPEAKER — Order! Yes, the minister should previous government was going to cut, and we were the ignore it. ones that that restored that funding. Ms ASHER — The member for Bendigo East made Ms Allan — On a point of order, Speaker, the a point of asking who instigated this particular program. minister is now clearly debating the question in an I wish to advise the house of an improvement that the attempt to flounder his way through his coalition government has made to this program, misunderstanding of the fundamental elements of the because under the previous government small VCAL program, which is that the coordinators support businesses were ineligible to get grants under it. The the students. previous government allowed these grants to go only to large businesses. I initially said to the department that The SPEAKER — Order! What is the member’s this was an absurd program; I said that these grants point of order? must be allowed to go to small businesses.

Ms Allan — The point of order is that rather than Ms Allan — Seventeen businesses got them! addressing the question of cuts to the program, the minister is choosing to attack the opposition and debate The SPEAKER — Order! The member for the question. Bendigo East!

The SPEAKER — Order! I do not uphold the point Ms ASHER — Let me advise the house of one of order. The minister has concluded his answer. small business that got a grant to help it grow — that is, Billman’s Foundry in Castlemaine, which is where I Employment: government initiatives made this announcement. This is a company with a strong track record of a range of achievements — for Mr KATOS (South Barwon) — My question is to example, it is responsible for the Peter Brock memorial the Minister for Innovation, Services and Small at Bathurst and for the gates at the president’s palace in Business. Can the minister update the house on recent Singapore. This company would not have achieved a government initiatives to create more jobs across grant under the Labor government’s criteria. This Victoria? applies also to Bright Brewery, which the Deputy Premier mentioned. Mr Eren interjected. I would like to pull out the newspaper clips — and I The SPEAKER — Order! The member for Lara is have waited 11 years to do this. I refer to the Kiewa on his second warning. One more warning and he is Valley Observer of Wednesday, 24 August 2011, in out. which the Bright Brewery proprietor, Fiona Reddaway, is quoted as having said: Ms ASHER (Minister for Innovation, Services and Small Business) — I thank the member for South We really appreciate the government backing our plans … Barwon for his question and for his interest in They’re helping us take that leap of faith. employment and in jobs in Victoria. Again I make the point — if my voice will hold out — I was pleased last week to be in Castlemaine to that this business would not have received a grant under announce a coalition government grant of almost the previous government, because it is a small business. $3 million to 17 companies across Victoria, which will result in the creation of 340 new jobs. As the Premier

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Tuesday, 30 August 2011 ASSEMBLY 2855

An article in the Border Mail of Wednesday, Mr BAILLIEU — The fee is used by schools as 24 August, had a further quotation from the Bright they see fit in the delivery of the service. That has been Brewery owner: the case — —

‘We are a family business having a red-hot go’, she said. Mr Andrews interjected.

That is what the coalition government is supporting; it The SPEAKER — Order! The Leader of the is supporting the creation in Victoria of 340 new jobs Opposition has had his chance to ask his question. under a very valuable program to enhance global competitiveness. Most importantly, small businesses Mr BAILLIEU — And I make the point again: it is are now eligible to receive these grants. I am delighted up to schools as to how they coordinate those VCAL that three small businesses out of the 17 received a services, in the same way as they do for VET and VCE. grant that would not otherwise have been available to these businesses. I look forward to seeing the 340 jobs, Mr Foley interjected. and I look forward to announcing further grants in this place in the future. The SPEAKER — Order! The member for Albert Park is on a warning. Victorian certificate of applied learning: Mr BAILLIEU — The fee has not itself necessarily funding been attached to any particular individual at a school; it Mr ANDREWS (Leader of the Opposition) — My will vary from school to school. But we are putting question is again to the Premier. I refer the Premier to VCAL on the same status as VCE and VET. his government’s decision to cut $50 million from the Economy: government initiatives VCAL (Victorian certificate of applied learning) program, and I ask: will the Premier guarantee that no Mr WATT (Burwood) — My question is to the student wanting to do VCAL will have to pay Treasurer. Can the Treasurer advise the Parliament how additional fees and that no teacher or coordinator will the Victorian coalition government is cutting red tape lose their job as a result of these cuts? and creating new commercial retail opportunities to boost the Victorian economy? Mr BAILLIEU (Premier) — I thank the Leader of Opposition for his question — and I do not think the Mr WELLS (Treasurer) — The Baillieu opposition leader wants to hear the answer. He has had government is focused on cutting red tape and creating this answer on multiple occasions. The delivery of a solid environment for investment and economic VCAL programs is being boosted. The coordination fee growth. Today the Australian Bureau of Statistics that has been available in the past is not continuing, just released its building approval figures, and they show as there is no vocational education and training (VET) that Victoria is once again leading the way in coordination fee or — — construction activity. In July there were 787 new homes approved in Sydney, whereas in Melbourne it was Mr Andrews — On a point of order, Speaker, with 2000 new homes, and in Melbourne had twice the respect, the question related to fees for students and to number of total dwelling approvals as did Sydney. job cuts — that is, of coordinators or teachers. The answer is not relevant to the question. But we cannot just rely on housing. That is why it is pleasing to note that we also lead the way in wholesale The SPEAKER — Order! I do not uphold the point and retail construction approvals. In July there was of order. The answer was relevant. $132 million worth of wholesale and retail construction Mr BAILLIEU — The fee to which the opposition work in Victoria, compared to $81 million in New leader refers is a coordination fee which was made South Wales and $74 million in Queensland. This is available to schools in the growth and development of good news and is an investment in jobs despite the VCAL. As has been indicated on a number of challenging times that the retail sector has ahead of it. occasions, VCAL is now a mature program, it is an Last week the Minister for Planning announced a embedded program, it is a successful program, and just potential broadening of the definition of restricted retail as with VET and the Victorian certificate of education zoning, and that has been very well received. In fact the (VCE) the coordination component of it is, we believe, managing director of Costco said the announcement no longer necessary as such, and it can be done — — sent a message to retailers that Victoria was a Honourable members interjecting.

QUESTIONS WITHOUT NOTICE

2856 ASSEMBLY Tuesday, 30 August 2011 streamlined location to set up new businesses here. He Honourable members interjecting. went on to say: The SPEAKER — Order! The member for … it means Victoria wants to do business. Niddrie — that is enough!

Philippa Kelly of the Bulky Goods Retailers Mr DIXON — It is actually his second question, Association is quoted as saying: and I welcome him back — it is great.

These changes will free the market up tremendously. There There are no cuts to the VCAL program; in fact there is will be millions of dollars and thousands of jobs that will come into Victoria, there’s no doubt. a 9 per cent increase in funding for the VCAL program. The only difference there will be is in the coordination Planning consultant Susan Robinson is quoted as of the program. As the Premier has said, and as I have saying: said — —

We’re hoping that the new government in NSW will look at Mr Hulls — On a point of order, Speaker, with due Victoria’s lead and emulate it. respect to the minister, maybe he misheard the This initiative is part of the Baillieu government’s question. I thought I could speak loudly enough, broader strategy to cut red tape, stimulate investment but — — and boost economic growth. We made an election The SPEAKER — Order! What is the point of promise that we would cut red tape by 25 per cent, and order? we are well and truly on the way. As the Premier said in his response to an earlier question, one of the big issues Mr Hulls — The point of order is that the minister is in this state is productivity. Over the last 10 years under debating the question. The question was clearly about the Labor government we fell further and further consultation and why there was no consultation in behind. It was so embarrassing — we actually fell relation to these cruel and callous cuts. below the national average. We have this as a priority. We will make sure we focus on cutting red tape, The SPEAKER — Order! I do not uphold the point boosting productivity and ensuring good, solid job of order. growth in this state. Mr DIXON — The premise of the member’s Victorian certificate of applied learning: question is totally incorrect. As I said, this is only about funding the coordination of the program; because of its maturity bringing it to equal footing with both vocational Mr HULLS (Niddrie) — My question is to the education and training and the Victorian certificate of Minister for Education. I refer the minister to comments education. I have asked my department to work with by Mr Andrew Simmons, executive officer of the South any school regarding the transition to this new East Local Learning and Employment Network, who is arrangement. We are more than happy to work with and reported as saying that the Victorian certificate of talk to any single school — — applied learning (VCAL) cuts would have a negative impact on staffing and service delivery and is quoted as Honourable members interjecting. also saying: The SPEAKER — Order! The member for The biggest issue is that there was no consultation … It was a Bendigo East! decision based on money saving without realising what impact it would have on everyone. Mr DIXON — I have already spoken to a couple of schools and said we will do that. I have instructed my I ask: will the minister explain to the house why department to talk to schools that may have any consultation with stakeholders was not undertaken difficulties in the transitional arrangements, as I said. before he slashed $50 million from VCAL?

Mr DIXON (Minister for Education) — I thank the Dangerous dogs: control Minister for Education — — Ms RYALL (Mitcham) — My question is to the Honourable members interjecting. Minister for Agriculture. Can the minister inform the house of the measures taken by the coalition Mr DIXON — That is, the shadow Minister for government to facilitate the reporting of unregistered Education. I am not used to him asking questions — — dangerous dogs to authorities?

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Tuesday, 30 August 2011 ASSEMBLY 2857

Mr WALSH (Minister for Agriculture and Food Municipal Association of Victoria as to how the Security) — I thank the member for Mitcham for her Baillieu government can work with local government to question. I know everyone in this house was appalled make sure there is better enforcement of the standards by the events of two weeks ago, when Ayen Chol was that are currently in place around restricted breeds and killed by a dangerous dog in the western suburbs in an dangerous dogs. I thank the Minister for Local unfortunate, tragic accident. Government for her cooperation with the MAV in having those particular discussions as to how we can The Baillieu government has acted very quickly to put assist those councils in Melbourne that have an issue in place a number of measures over time to make sure with restricted breeds and dangerous dogs in their we do not have a repeat of the events we saw two communities. Over the next few days we will have weeks ago. We have set up the dangerous dog hotline further discussions with those councils that have been that we promised we would. That identified as needing extra assistance to make sure that dob-in-a-dangerous-dog hotline became operational at these new standards are enforced in the community so 8 o’clock this morning. For those people who do not that people will feel safer in their particular know the number, it is 1300 101 080. People should communities. remember that number. If people want to dob in a dangerous dog, they can ring the hotline. Mr Andrews — What new standards?

As I said, that number was up and operational this Mr WALSH — The Leader of the Opposition asks, morning, and as at 5.00 p.m. today there had been ‘What new standards?’. We will be gazetting new 122 calls to that number. That has resulted in a number standards for restricted breeds. Development of those of reports to local government about potentially standards had been started by the previous government dangerous dogs in the community. Some of the calls when the legislation was last amended. There will be required no further action after discussion with the call new standards that are more prescriptive so that operators. I know that this morning at about 9 o’clock councils can have faith in the decisions they make the member for Benalla tried the number to make sure about enforcing the issues around restricted breeds and it was working. He said he had a very satisfactory dangerous dogs. They will have the resources to do that discussion with the operator. The operators are because those of us on this side of the house, with obviously very well trained so they can take calls and support from the other side of the house, do not want to assist people with their issues with restricted breeds and see a repeat of what we happened two weeks ago. dangerous dogs in the community. There is a commitment from both the government and, as I understand it, the opposition to work together to Mr Eren interjected. make sure that does not happen again. Questions interrupted. ELECTRONIC TRANSACTIONS (VICTORIA) AMENDMENT BILL 2011 SUSPENSION OF MEMBER Introduction and first reading Member for Lara Mr CLARK (Attorney-General) — I move: The SPEAKER — Order! The member for Lara has had his final warning. Under standing order 124 I That I have leave to bring in a bill for an act to amend the ask the member to vacate the chamber for half an hour. Electronic Transactions (Victoria) Act 2000 and for other purposes. Honourable member for Lara withdrew from chamber. Ms HENNESSY (Altona) — I ask the Attorney-General for a brief explanation of the bill.

QUESTIONS WITHOUT NOTICE Mr CLARK (Attorney-General) — This bill makes a series of amendments to the Electronic Transactions Dangerous dogs: control (Victoria) Act 2000 to update that law in line with decisions that were made by the Standing Committee of Questions resumed. Attorneys-General last year.

Mr WALSH (Minister for Agriculture and Food Motion agreed to. Security) — We have also had meetings with the Read first time.

DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT (PROHIBITION OF DISPLAY AND SALE OF CANNABIS WATER PIPES) BILL 2011

2858 ASSEMBLY Tuesday, 30 August 2011

DRUGS, POISONS AND CONTROLLED Amendment (Licensing) Act 2009 and the Liquor Control SUBSTANCES AMENDMENT Reform Act 1998 and for other purposes. (PROHIBITION OF DISPLAY AND SALE Ms D’AMBROSIO (Mill Park) — I seek from the OF CANNABIS WATER PIPES) BILL 2011 minister a brief explanation as to the purposes of the bill. Introduction and first reading Mr O’BRIEN (Minister for Gaming) — This bill Ms WOOLDRIDGE (Minister for Mental Health) does a number of things, including ensuring that the introduced a bill for an act to amend the Drugs, Victorian Commission for Gambling Regulation has Poisons and Controlled Substances Act 1981 to the power to apply a public interest test for certain raffle provide for the prohibition of display, sale and permits in relation to community charitable supply of cannabis water pipes and components and organisations, improving licensing arrangements in the restriction of display for sale of hookahs and for relation to managing the transition to the new 2012 other purposes. gaming machine licensing model and other purposes.

Read first time. Motion agreed to.

Read first time. EXTRACTIVE INDUSTRIES (LYSTERFIELD) AMENDMENT BILL 2011 DOMESTIC ANIMALS AMENDMENT Introduction and first reading (RESTRICTED BREEDS) BILL 2011

Mr O’BRIEN (Minister for Energy and Introduction and first reading Resources) — I move: Mr WALSH (Minister for Agriculture and Food That I have leave to bring in a bill for an act to amend the Security) introduced a bill for an act to amend the Extractive Industries (Lysterfield) Act 1986 and for other purposes. Domestic Animals Act 1994 to make further provision with respect to the keeping of restricted Ms D’AMBROSIO (Mill Park) — I seek a brief breed dogs and for other purposes. explanation from the minister as to the purposes of the bill. Read first time; by leave, ordered to be read second time immediately. Mr O’BRIEN (Minister for Energy and Resources) — This bill amends the operations of the Statement of compatibility Extractive Industries (Lysterfield) Act 1986 to improve the regulation of the Boral quarry in Lysterfield in the Mr WALSH (Minister for Agriculture and Food beautiful electorate of Ferntree Gully and to improve Security) tabled following statement in accordance the environmental outcomes and working operations of with Charter of Human Rights and Responsibilities that quarry. Act 2006: In accordance with section 28 of the Charter of Human Rights Motion agreed to. and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the Domestic Read first time. Animals Amendment (Restricted Breeds) Bill 2011. In my opinion, the Domestic Animals Amendment (Restricted Breeds) Bill 2011 (the bill), as introduced to the Legislative GAMBLING REGULATION AMENDMENT Assembly, is compatible with the human rights protected by the charter act. I base my opinion on the reasons outlined in (LICENSING) BILL 2011 this statement.

Introduction and first reading Overview of bill

Mr O’BRIEN (Minister for Gaming) — I move: The bill makes amendments to the Domestic Animals Act 1994 in relation to the registration and keeping of restricted That I have leave to bring in a bill for an act to amend the breeds of dogs in Victoria. The bill ends the keeping and Gambling Regulation Act 2003, the Gambling Regulation registration amnesty for restricted breed dogs that has been Further Amendment Act 2009, the Gambling Regulation running since 1 September 2010 following the passing of the Domestic Animals Amendment (Dangerous Dogs) Act 2010.

DOMESTIC ANIMALS AMENDMENT (RESTRICTED BREEDS) BILL 2011

Tuesday, 30 August 2011 ASSEMBLY 2859

Human rights issues nature of the amnesty. The proposed ending of the amnesty has also been clearly communicated in the media, and will 1. Ending the two-year amnesty period for registering only come into effect on 30 September 2011, giving owners restricted breed dogs who have failed to take note of the amnesty time to comply with the requirement to register. Any resulting deprivation of Clause 4 amends section 17(1A) of the Domestic Animals property that will result following the ending of the amnesty Act 1994 to remove, from 30 September 2011, the grace will in my opinion not be arbitrary, given the significant period of two years that allowed a council to register a dog as public safety issues at stake, the limited number of breeds a restricted breed dog if the dog was in Victoria before subject and the ability of owners to still comply with their commencement of the Domestic Animals Amendment obligations prior to commencement. Furthermore, there are (Dangerous Dogs) Act 2010. It also removes the two-year safeguards present in the Domestic Animals Act 1994 to amnesty period which excused an owner of a restricted dog allow an owner to seek return of the seized dog if it is able to from being liable for the offence of keeping a restricted dog be registered and to seek review to VCAT of a refusal of a pursuant to section 41EA(1) of the Domestic Animals Act council to register a restricted breed that is able to be 1994. registered or a declaration of an authorised officer that a certain dog is a restricted breed. The end of the amnesty period means that from 30 September 2011, only restricted breed dogs that were in Victoria Accordingly, I conclude that this amendment is compatible immediately before the commencement of the Domestic with the right to property in section 20 of the charter act. Animals Amendment (Dangerous Dogs) Act 2010 and which were registered before 30 September 2011 can be registered Retrospective criminal laws (section 27(1)) as restricted breed dogs. Section 27(1) provides that a person must not be found guilty After this date, any owner of an unregistered restricted breed of a criminal offence because of conduct that was not a dog will be liable for the offence of keeping a restricted breed criminal offence when it was engaged in. dog, for which 10 penalty units apply. Furthermore, the restricted breed dog will also be able to be seized under Clause 5 removes an excuse which allows an owner of an section 79 of the Domestic Animals Act 1994 and ultimately unregistered restricted breed dog to escape liability for the destroyed. However, in certain circumstances an owner will offence of keeping a restricted breed dog, for a period of two be able to recover a seized dog pursuant to section 84N as years following the commencement of the Domestic Animal well as seek review by the Victorian Civil and Administrative Amendment (Dangerous Dogs) Act 2010, provided the dog Tribunal (VCAT) of the decision of an authorised officer to was in Victoria prior to the commencement of this act. declare a dog as a restricted breed pursuant to section 98 or a refusal of a council to register a restricted breed dog pursuant In my view the ending of the amnesty does not limit the to section 17. protection against retrospectivity as the bill will only criminalise conduct that occurs after 30 September 2011. Any This amendment engages the right to property in section 20 affected owner will have up until 29 September 2011 to have and the protection against retrospective criminal laws in their restricted breed registered or to surrender the dog to the section 27(1) of the charter act. council. Due to the real and pressing danger that such unregistered restricted breed dogs pose to the community, I Right to property (section 20) consider this termination of the amnesty period to be appropriate in the circumstances. Section 20 of the charter act provides that a person must not be deprived of his or her property other than in accordance Conclusion with law. A deprivation of property is permitted if the powers which authorise the deprivation are conferred by legislation or For the reasons given in this statement, I consider that the bill common law, are confined and structured rather than arbitrary is compatible with the charter act. or unclear, and are accessible to the public and formulated precisely. Peter Walsh, MLA Minister for Agriculture and Food Security The effect of removing the amnesty means that an owner who has failed to register their restricted breed dog before the Second reading commencement of this bill may have their dog seized by an authorised officer of the council and ultimately destroyed. In Mr WALSH (Minister for Agriculture and Food my opinion, this provision does not limit section 20 due to a Security) — I move: number of reasons. The current prohibition relating to restricted breeds has been in place since 11 December 2007, That this bill be now read a second time. is confined to five distinct breeds of dogs, clearly sets out the responsibilities of owners and the seizure powers of authorised officers and has been widely publicised to the The Domestic Animals Amendment (Restricted community. Also the Domestic Animals Act 1994 requires all Breeds) Bill 2011 amends the Domestic Animals Act dogs to be registered from three months of age so there is an 1994. existing requirement for registration under section 10 of that act. Currently, there are five restricted breeds of dogs in The amnesty was enacted in 2010 with the purpose of Victoria: encouraging the registration of existing unregistered restricted breeds or restricted breeds incorrectly registered as another American pit bull terrier (commonly known as the breed. Owners of unregistered restricted breeds have been ‘pit bull’); well aware that the possession of such dogs is illegal and could not have had a reasonable expectation of the lasting dogo Argentino;

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fila Brasileiro; period if the dog was registered during the amnesty period. Japanese tosa; and The bill will cut short the amnesty period. This means perro de presa Canario. that from 30 September 2011 the possession and keeping of a restricted breed dog will be illegal unless Of these, apart from one old desexed dogo Argentino, the dog was in Victoria before the start of the amnesty only the ‘pit bull’ is known to exist in Victoria. The bill period on 1 September 2010 and the dog is registered provides for the approval of a standard that will assist before 30 September 2011. A council will only be able councils to identify whether a dog is a restricted breed to register or renew the registration of a restricted breed dog. The standard has been under development since dog if it was registered before 30 September 2011. September 2010 and will be approved and gazetted on commencement of this bill. The public of Victoria has made it clear that they do not want these animals in Victoria any longer than Council authorised officers have been frustrated with necessary. So from 30 September 2011 if a dog of this the lack of clear standards for identifying ‘pit bull’ type type is found to be unregistered, it will not be able to be dogs. Identification has proven difficult due to the registered and will therefore be able to be seized and breeding of these dogs not being in the more traditional destroyed by councils. purebred or pedigree style, thus ruling out DNA testing to confirm breed identification. Councils have found A registered restricted breed dog that can be kept is their decisions frequently challenged thereby draining required to be desexed, microchipped and housed with resources. This has also created uncertainty in the specific containment requirements and only allowed to community on what constitutes a restricted breed dog. be walked off property while on a leash and only if it is wearing a muzzle. The bill will provide that a dog that falls within the ‘approved standard’ that relates to restricted breed dogs I commend the bill to the house. in Victoria is to be taken to be a restricted breed dog. The bill will allow the Minister for Agriculture and Debate adjourned on motion of Mr LANGUILLER Food Security to approve the standard and will require (Derrimut). publication of the approved standard in the Victoria Government Gazette. The approved standard will also Debate adjourned until later this day. be available on the Department of Primary Industries website. PETITIONS The published standard will provide clear guidance to council’s authorised officers and the general public on Following petitions presented to house: what type of dog constitutes a restricted breed. This will Schools: Kyneton make enforcement easier for council officers and remove doubt on the identification of these dogs so as To the Legislative Assembly of Victoria: to allow them to be declared a restricted breed in a speedy manner. The petition of residents of Kyneton and surrounds draws to the attention of the house that over the last six years representatives from Kyneton Secondary College, Kyneton This is important because councils are seeking certainty Primary School and Lady Brooks Kindergarten and the that a dog can be declared a restricted breed and that the broader community have, in partnership with the Department declaration will be endorsed by the Victorian Civil and of Education and Early Childhood Development, undertaken Administrative Tribunal when challenged. Without this a review of education provision in Kyneton. This has certainty council authorised officers may be reluctant to culminated in a master plan proposing construction of a new modern K–12 facility on and adjacent to the Kyneton declare restricted breed dogs and enforce the act. Secondary College site.

The bill will remove the existing two-year amnesty that During this period the schools, on advice from the was introduced on 1 September 2010 on the keeping Department of Education and Early Childhood Development, and registration of restricted breed dogs. The current have forgone the opportunity of applying for $4 million federal government stimulus funding. amnesty provisions allow registration of a restricted breed dog until September 2012, provided the dog was The petitioners are strongly of the view that, in order to in Victoria before 30 September 2010. The amnesty maintain a strong state education sector to meet the needs of also lifted the prohibition on keeping a restricted breed our community, construction of the Kyneton K–12 facility should commence at the earliest possible opportunity and dog during the amnesty period and then following that therefore request that the Legislative Assembly of Victoria

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calls on the Baillieu government to urgently fund the smart meters (AMI) without an ‘opt-out’ provision for construction of this important project. customers or full disclosure of future costs and possible health and environmental risks, including fire risk, that smart meters By Mr HOWARD (Ballarat East) (1292 signatures). may and do impose. Plumbing industry: compliance certificates The petitioners therefore request that the Legislative Assembly of Victoria immediately:

To the Legislative Assembly of Victoria: 1. issues a halt to the mandated installation of smart meters (AMI); The petition of residents of Victoria draws to the attention of the house that as a matter of urgency the current Building Act 2. mandates all power companies offer a permanent 1993 — section 221ZH be changed immediately ‘opt-out’ for all customers; The current act states that all plumbers must attend to a ‘compliance certificate’ within five days of completion of 3. amends the Australian Energy Regulator’s decision so termination of works. Unfortunately this means that a that only customers who want smart meters will pay for ‘compliance certificate’ must be attended to even if the them; plumber has not been duly paid for the works completed 4. requires all power distributors and retailers to post on within the five days. their websites that the World Health Organisation has Your petitioners therefore request that the Legislative classified non-ionising radiation, the kind smart meters Assembly of Victoria gives consideration to the change of the emit, a 2B carcinogen; Building Act 1993 accordingly. 5. mandates all power companies bear full burden of cost By Mr PERERA (Cranbourne) (270 signatures). to remove smart meters from customers who do not want them and to reinstall safe, mechanical dial meters as they pose no fire risk. Electricity: smart meters By Ms McLEISH (Seymour) (282 signatures). To the Legislative Assembly of Victoria:

The petition of the residents of Victoria draws to the attention Ovens College hall, Wangaratta: future of the house the infringement on our right to live freely and securely and to choose what we are subjected to in our homes To the Legislative Assembly of Victoria: and businesses by the continued compulsory installation of smart meters (AMI) without an ‘opt-out’ provision for The petition of citizens concerned about the future of the customers or full disclosure of future costs and possible health Ovens College hall, Greta Road, Wangaratta draws to the and environmental risks that smart meters may impose. attention of the house the views of local residents of Wangaratta. The petitioners therefore request that the Legislative Assembly of Victoria immediately: The Ovens College hall is a community facility used by a range of private groups. Some of these users include 1. issues a halt to the mandated installation of smart meters gymnastics (operated by the WISAC), martial arts, local (AMI); quilters and textile groups, roller derby, toddler gym, private parties, debutante balls and the orchid club. 2. directs all power companies to offer a permanent ‘opt-out’ for all customers; The closure of the hall will leave no alternative venue to run many of these interest groups. Yarrunga families will lose a 3. requires letters to be sent to all customers informing facility close to home where transport to other venues is not them that radiofrequency radiation (RF) is classified by possible. the World Health Organisation as a 2B carcinogen, and smart meters emit RF; The petitioners therefore request that the Legislative Assembly of Victoria consider reopening the facility of the 4. makes provisions to customers who have had smart Ovens College hall, up to and including the period following meters installed and would like them removed, to the drafting of the master plan, to allow the continued use by reinstall dial or non-wireless interval meters at the option the abovementioned groups. of the customer and at no cost. By Mr McCURDY (Murray Valley) By Mr MADDEN (Essendon) (14 signatures). (691 signatures). Electricity: smart meters Schools: Coburg

To the Legislative Assembly of Victoria: To the Legislative Assembly of Victoria:

The petition of the residents of Victoria draws to the attention The petition of the residents of Coburg and surrounding of the house the infringement on our right to live freely and suburbs in Victoria draws to the attention of the house the securely and to choose what we are subjected to in our homes need to provide a high school in Coburg to cater for all and businesses by the continued compulsory installation of secondary students including year 7 to year 9.

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The petitioners therefore request that the Legislative Resources Legislation Amendment Bill 2011 Assembly of Victoria: together with appendices. acknowledge the findings of the August 2010 Spatial Vision report for the Department of Education and Early Tabled. Childhood Development, Secondary School Provision Plan for the Coburg Schools Network — Demographic Ordered to be printed. Analyses, which determined that the projected population data supported the need to provide places for year 7 to year 9 students residing in and around Coburg and the urgent need to commence the process for a DOCUMENTS year 7 intake; Tabled by Clerk: call on the government to honour the previous Minister for Education’s commitment to the residents of Coburg Auditor-General — Report 2010–11 and surrounding suburbs to establish a Coburg education implementation task force (CEIT) to examine all options Education and Training Reform Act 2006 — Notice under to meet Coburg’s education needs; s 4.3.32 (Gazette S279, 29 August 2011)

call on the government to honour the previous Minister Financial Management Act 1994 — Reports from the for Education’s commitment to the residents of Coburg Minister for Public Transport that he had received the Reports and surrounding suburbs to comprise the CEIT of 2010–11 of: representatives from local school principals and councillors, Moreland council, senior representation Rolling Stock (VL-1) Pty Ltd from the Department of Education and Early Childhood Development, local members of Parliament and Rolling Stock (VL-2) Pty Ltd members of the broader community; and Rolling Stock (VL-3) Pty Ltd call on the government to immediately announce the date of the first meeting of the CEIT committee, the time Linking Melbourne Authority — Report 2010–11 frame for nominations to the committee and the date the Ombudsman — Investigation into prisoner access to health committee will report their recommendations. care — Ordered to be printed

By Ms CAMPBELL (Pascoe Vale) (133 signatures). Planning and Environment Act 1987 — Notices of approval of amendments to the following Planning Schemes: Tabled. Casey — C125 Ordered that petition presented by honourable member for Pascoe Vale be considered next day on Melbourne — C163 motion of Ms CAMPBELL (Pascoe Vale). Mornington Peninsula — C74 Part 2, C157 Ordered that petition presented by honourable Moyne — C25 member for Ballarat East be considered next day on Nillumbik — C65 motion of Ms KNIGHT (Ballarat West). Port Phillip — C105 Ordered that petition presented by honourable member for Cranbourne be considered next day on Southern Grampians — C20 motion of Mr PERERA (Cranbourne). Whittlesea — C99

Ordered that petition presented by honourable Rolling Stock Holdings (Victoria) Pty Ltd — Report 2010–11 member for Murray Valley be considered next day on motion of Mr McCURDY (Murray Valley). Rolling Stock (Victoria-VL) Pty Ltd — Report 2010–11 Statutory rules under the following Acts: SCRUTINY OF ACTS AND REGULATIONS County Court Act 1958 — SRs 81, 82 COMMITTEE Estate Agents Act 1980 — SR 84 Alert Digest No. 9 Residential Tenancies Act 1997 — SR 83

Ms CAMPBELL (Pascoe Vale) presented Alert Subordinate Legislation Act 1994: Digest No. 9 of 2011 on: Documents under s 15 in relation to Statutory Rules 69, 77, 78, 81, 82, 83, 84 Commercial Arbitration Bill 2011 Parliamentary Salaries and Superannuation Legislative instruments and related documents under Further Amendment Bill 2011 s 16B

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Victorian Rail Track — Report 2010–11 Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011 Victorian Regional Channels Authority — Report 2010–11. Transport Legislation Amendment (Public Transport The following proclamations fixing operative dates Safety) Bill 2011. were tabled by the Clerk in accordance with an order of the house dated 8 February 2011: In moving this motion, given that we have had to deal with an urgent bill that has just been introduced and Consumer Affairs Legislation Amendment (Reform) Act second read by the Minister for Agriculture and Food 2010 — Remaining provisions of Part 5 — 17 August 2011 Security, the idea was that we would take the (Gazette S265, 16 August 2011) Parliamentary Salaries and Superannuation Further Family Violence Protection Amendment (Safety Notices) Act Amendment Bill 2011 off the government business 2011 — Whole Act — 5 September 2011 (Gazette S271, program. There are a number of government members 23 August 2011) who wish to speak on each of the four bills listed, and Multicultural Victoria Act 2011 — Whole Act — our experience of the government business program 1 September 2011 (Gazette S271, 23 August 2011) over the last few sitting weeks indicates that one should not be too ambitious in trying to stick to the normal Personal Safety Intervention Orders Act 2010 — Remaining timetable. provisions — 5 September 2011 (Gazette S271, 23 August 2011) I also inform the house that, following my discussions Residential Tenancies Amendment Act 2010 — Whole Act with the manager of opposition business, it has been (except s 76 and Part 6) — 1 September 2011 (Gazette S265, agreed that to facilitate the passage of the Domestic 16 August 2011). Animals Amendment (Restricted Breeds) Bill 2011 there may be an extension of business past the normal ROYAL ASSENT adjournment time of 10.00 p.m. The intention is to get that bill through and to the upper house as expeditiously Message read advising royal assent on 23 August to: as possible and then to go on the adjournment. With those few remarks I commend the motion to the house. Consumer Acts Amendment Bill 2011 Parliamentary Salaries and Superannuation Ms ALLAN (Bendigo East) — I will make a brief Amendment Bill 2011 contribution to the debate on the government business Transport Legislation Amendment (Port of program and indicate to the house that the opposition Hastings Development Authority) Bill 2011. will not be opposing the program but that I would like to make a couple of points on the way through. The first is that the program presented to the house is a APPROPRIATION MESSAGES rather skinny one. I guess those of us on this side of the house are getting rather used to the fact that not much Messages read recommending appropriations for: of an agenda has been put forward by the government in this place or outside of this place, and it is fair to say Parliamentary Salaries and Superannuation that we do not hold ambitious expectations at all in Further Amendment Bill 2011 relation to the government’s business program. Resources Legislation Amendment Bill 2011. I would also like to make a couple of very brief comments on the Domestic Animals Amendment BUSINESS OF THE HOUSE (Restricted Breeds) Bill 2011 that has just been second read. The opposition has previously indicated that it Program would support this bill, and we also support its expeditious passage through both houses of Parliament Mr McINTOSH (Minister for Corrections) — I tonight subject to its passage through the upper house, move: which is obviously out of our hands. That support was That, under standing order 94(2), the orders of the day, given on the basis of comments the Premier made in government business, relating to the following bills be this place on Thursday, 18 August. The bill reflects a considered and completed by 4.00 p.m. on Thursday, couple of aspects of what the Premier indicated to the 1 September 2011: house the government would be doing — that is, Health Practitioner Regulation National Law (Victoria) bringing forward the restricted breed dogs amnesty Amendment Bill 2011 period and looking at how to provide more information to local government enforcement officers. The Premier Road Safety Camera Commissioner Bill 2011

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2864 ASSEMBLY Tuesday, 30 August 2011 went on to indicate to the house that the government Regulation National Law (Victoria) Amendment Bill wanted to increase the penalties for non-registration of 2011, the Road Safety Camera Commissioner Bill a dangerous dog and would also be prepared to look at 2011, the Sentencing Legislation Amendment the Crimes Act 1958 with a view to making (Abolition of Home Detention) Bill 2011 and the non-registration a crime. Transport Legislation Amendment (Public Transport Safety) Bill 2011. We have a number of members who The bill that has been presented to the house contains wish to make a contribution to the debates on those none of these features. There is no indication that the bills. As has been seen in the past sitting weeks, this government is doing any of these things in this kind of program is good. It allows plenty of time for legislation or that it will be doing so in the future. This those bills to be scrutinised in debates. is really a clear sign that it is a dithering government that cannot move quickly even on matters it has There is the urgent matter the Minister for Agriculture declared important. The Premier stood in this place and and Food Security introduced — the Domestic Animals said this was a matter of urgency that should be Amendment (Restricted Breeds) Bill 2011. The Baillieu prioritised, and we supported him in that — — government has moved very quickly to prepare legislation and introduce it to this house to deal with An honourable member interjected. restricted dog breeds. On that note I support the government business program. Ms ALLAN — You do not want to make this one up, mate. Mr PALLAS (Tarneit) — I also rise to briefly talk about the government business program and to indicate The DEPUTY SPEAKER — Order! Interjections as others have previously indicated that the opposition are disorderly, and the member should ignore them. will not be opposing the government business program. Ms ALLAN — The Premier indicated a number of But it is important that we recognise the context in elements that would be contained in the bill. Important which we have come to this chamber — that is, there is parts of what the Premier said are absent from the bill a matter of quite significant legislative import that has that has been presented to the house. This indicates come before this Parliament, so much so that the parties quite a significant let-down of the Victorian have agreed that the issues are of such weight that we community, which took the Premier and his shall waive the normal processes of consideration in government at their word. The government indicated this place. But at the same time, in terms of the clearly to the Victorian community that it would be Domestic Animals Amendment (Restricted Breeds) looking at increasing penalties and at amendments to Bill 2011, we do not have a complete package of the Crime Act 1958. Those things are not contained in legislative reform before us. this legislation. As the teachers and the police have It must be a matter of concern that the public has heard already discovered, you cannot take this Premier at his what the government’s intentions are but members of word. Unfortunately with this legislation the Victorian Parliament have not yet got a full picture of the community has been let down once again. government’s legislative intentions. Why is that? It is The DEPUTY SPEAKER — Order! I ask the because the government does not know what its member to be careful about speaking on the actual legislative intentions are. We can be assured it does not motion before the house; this motion is about the know, because it has not been able to pull out the business program. crayon and put it into black and white for us so this Parliament can debate the issues. Ms ALLAN — I have completed the substance of my remarks, which is that the bill does not reflect the I agree with the Leader of the House, who is the entirety of what the Premier committed to this house or minister at the table, that one should not be too to the Victorian community. That is a let-down. But ambitious in terms of the government business having said that, the opposition will be supporting the program. Those on my side of the chamber do not passage of this legislation because something is better suffer from that illusion; we do not get too ambitious in than nothing from this government. terms of the government business program, because one could not imagine a less ambitious or more Mr HODGETT (Kilsyth) — I rise to make a few pedestrian program or a program more lacking in broad brief comments in support of the motion moved by the substance or less worthy of consideration by this Leader of the House regarding the government business chamber than what is before us today. program. There are four bills which will be guillotined at 4.00 p.m. this Thursday — the Health Practitioner

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When there is an issue that is as substantial and urgent the workload we are going to be expected to deal with as the dangerous dogs bill, one must be concerned that this week. I was expecting that the Premier’s essentially all we have before us is the first part of a commitment to ensure that there were stronger substantive package of change that should be before provisions to protect the community against dangerous this Parliament for its consideration. It is so important dogs would be delivered this week. Unfortunately that to the Premier and all those members who have been has not happened. This is yet another example of where prepared to speak and give drops to the Herald Sun — the current government has used the work of the because this is not the spin government; it never does previous government and just brought forward a date. that sort of thing! — that they can elaborate on it for the That is not adequate for an important matter that purposes of discussing the legislation with the requires the urgent attention of members of this community, but they will not debate it in this Parliament. Parliament. We want to debate it, because we recognise that it is important. The legislative changes required We are looking forward to having the opportunity in a would give the community certainty and assure it of the minuscule way to comment on this legislation, because safeguards that the times dictate. This government has we want to get the legislation through Parliament. But not had the intestinal fortitude or the vision to be able to given we are discussing the government business do that. program, I would have hoped that any legislation that was introduced to ensure that the Premier’s On a day when Melbourne has been identified as the commitment was delivered would cover such things as world’s most livable city, it has also been dramatically definitions of what constitutes a dangerous dog, demonstrated to us that we have the world’s most because crossbred — — unworkable government. It is a government that does not even have a program that it can effectively The DEPUTY SPEAKER — Order! This is not an enunciate in anything other than tabloid terms. The opportunity to debate the content of the bill; we are people of Victoria deserve something more than just debating the government business program. one-liners and front-page stories. They deserve the legislation that will give them the protection they need. Ms CAMPBELL — I am looking forward to a Yes, we have said we will support this legislation, but government business program that will put legislation what about the government getting on with the job and that covers crossbreeds before the house. The dogs that delivering it to this Parliament for debate? are dangerous are not just the breeds that the minister mentioned. We also have a dangerous dogs hotline. Mr CRISP (Mildura) — I rise to support the What we do not have is any additional money for the government business program, and I welcome the councils that are going to be implementing this opposition’s position of not opposing the government program. There have been an inordinate number of business program, although having just heard the expenditure increases for councils in relation to dissertation from the member for Tarneit one can but dangerous dogs as a result of actions that have occurred wonder. I also welcome the opposition’s support of the sadly and tragically in this state. Domestic Animals Amendment (Restricted Breeds) Bill 2011. In relation to the government business program, it would be great to this week be able to discuss In addressing some of those issues I say yes, there will legislation that covers such things as strict penalties for be more legislation introduced about this matter, illegal breeding or crossbreeding of restricted dogs and particularly in terms of the Crimes Act 1958. But their progeny. It would be great to be able to debate that tonight in this chamber we will deal with getting the issue this week, but I doubt that we will have that Domestic Animals Amendment (Restricted Breeds) opportunity. In relation to the government business Bill 2011 sorted out. I think we need to make this bill program, it is important that councils have a voice in law as soon as we can, particularly because it is this chamber, and I will make sure that in any debate in legislation that will define breeds. Breeding certain relation to dogs I will be highlighting the importance of dogs will not be a crime until those breeds are defined the government getting it right. In my view the and are the subject of the Crimes Act 1958. I support legislation is too important to not deal with it accurately the program. and get it right quickly.

Ms CAMPBELL (Pascoe Vale) — I rise to make a Motion agreed to. comment on the government business program. As per normal, this program is very manageable. There is very little legislation. We do not need to get stressed about

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MEMBERS STATEMENTS prevent more women from taking up politics. The young women were inspired by the firsthand Caitlin Caruso knowledge of everyone they spoke to about why being in Parliament can be a fulfilling career and one where Ms BEATTIE (Yuroke) — I rise today to raise you can make a difference. We in turn were inspired by awareness of a rare inherited neurodegenerative disease their enthusiasm, intelligence and points of view. called ataxia telangiectasia, also known as A-T. Caitlin Caruso, who is 14 years old and a resident of Manchester Primary School: bicycle parking Craigieburn, was first diagnosed with A-T at age 7. A-T affects a person’s body coordination, weakens the Mrs FYFFE — I would like to congratulate immune system, causing respiratory disorders and Manchester Primary School, which was chosen to increases the risk of cancer. receive new bike parking facilities from Bicycle Victoria valued at $2500. The new bike parking The first signs of A-T appear in the toddler stage, but facilities will be provided and installed by Bicycle due to a lack of understanding, diagnosis may not occur Victoria, with works set to begin later this year. Riding, until the later stages of life. Many children who suffer walking and skating to school are great ways to get fit A-T develop a slurring of speech in their first decade, and healthy. I congratulate the staff, students and making them difficult to understand. By the second parents of this wonderful school, Manchester Primary decade most A-T children are confined to a wheelchair School. due to involuntary movements, such as small jerks of the hands and feet, uncontrolled jerks and shaking of Victorian certificate of applied learning: limbs. Sadly people with A-T have a high mortality funding rate, with most dying in their teens or early 20s. Mortality is due to a compromised immune system, Ms HENNESSY (Altona) — I rise tonight to causing respiratory infections and a predisposition to condemn the Baillieu coalition government’s cuts to the cancer. Victorian certificate of applied learning (VCAL) totalling $12 million a year and $50 million across the Caitlin Caruso is a beautiful young girl with a sharp wit forward estimates. Today during question time we saw and a great sense of humour. Most children with A-T a pathetic explanation from the Premier, and conflicting seem to have the same sunny disposition and attitude to evidence was given by the Minister for Education about life, never letting their hardships break their spirit. I what the downstream impacts will be. would like all members to become aware of A-T and wish Caitlin all the best in this tough battle. In the western suburbs which I represent not just local representatives but schools, parents and all of those Commonwealth Women Parliamentarians of who work around the area are passionately committed Australia: forum to improving education retention, and the establishment of the VCAL program has been a critical part of Mrs FYFFE (Evelyn) — Despite the fact that we improving education retention. Many of us have now have several females in senior political positions worked incredibly hard with the federal government to across the country, our parliaments are still made up of get trade training centres established. Employers have only about 30 per cent women. The Commonwealth worked incredibly hard with local learning and Women Parliamentarians of Australia, of which I am a employment networks, VCAL students and trade member, feels passionately about doing more to training centres to build a pathway that not only increase that number. To do this the CWP of Australia improves the education retention of students in the recently hosted a two-day forum in Canberra, to which western suburbs but also keeps them entrenched in we invited 10 women aged between 18 and 25. These vocational education and training and provides a remarkable young women came from every state and quality, high-paying job for them at the end. territory and were keen to learn about what it takes to become an MP. If this government is genuinely committed to employment and education retention, it is absolutely We were also keen to learn from them about how critical that it reverse its callous cuts to the VCAL parliaments can better relate to young people and be education program and genuinely support all students in more relevant and accessible. Discussions were the public education system. bipartisan and wide ranging, including debates on affirmative action, the treatment of female politicians by the media and how to break down barriers which

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St Edward’s Anglican Church, Blackburn newspaper division, writing for the Frankston Weekly, a South: art show paper distributed in Frankston and along the peninsula. Mike was born and educated in Melbourne, served with Mr ANGUS (Forest Hill) — Last Friday evening I the Australian Army and worked on the had the great pleasure of opening the 31st annual art groundbreaking Nation Review in the 1970s. I was show at St Edward’s Anglican Church at Blackburn joined by representatives from both sides of this house South. This art show not only provides the opportunity in farewelling Mike. He was well respected by all sides for a wide range of artists to exhibit their works but also of politics. Mike was survived by his brother, Peter, his raises money for the church to support a range of sister, Marita, his nephews and nieces and his charities and mission organisations. The quality of stepdaughter, Aislinn, and her daughters, Keeley and works exhibited was outstanding, and I congratulate the Kara. Mike will be sadly missed. artists who received awards for their works. I also congratulate all those who were involved in organising Youth: Frankston round table this excellent local event, particularly the committee and volunteers, together with the vicar of the church, Mr PERERA — It was also a great pleasure to host Reverend Michael Goodluck. a youth round table at the Frankston end of my electorate recently. Joining me on the day was a Parkmore Primary School: principal for a day member for South Eastern Metropolitan Region in the other place, Lee Tarlamis; Cr Brad Hill; local residents; Mr ANGUS — Last Tuesday I had the pleasure of local business owners; representatives from the mental being the principal for a day at Parkmore Primary health field, Victoria Police, the William Angliss School, Forest Hill. It was a wonderful opportunity to Institute of TAFE, the Frankston Youth Resource gain a greater understanding of the roles of all those Centre, the Frankston council, local community groups responsible in the daily operations of a school. It was an and the Department of Education and Early Childhood enjoyable day meeting many of the staff and students. Development; and a William Angliss Institute of TAFE My thanks go to both the principal, Glenda Prior, the graduate. Some impressive initiatives came out of this acting principal, Peter Hough, and the many teachers round table event, and we will all be rolling up our and students who allowed me to participate in their sleeves and doing the hard work to help out our young daily activities. people at risk. Biotechnology: government initiatives Gippsland Business Awards

Mr ANGUS — The recently tabled Mr NORTHE (Morwell) — I had the pleasure last Auditor-General’s report Biotechnology in Victoria — Friday evening of attending the Gippsland Business The Public Sector’s Investment gave another example Awards, which recognise the diverse range of of the incompetence of the former Labor government. businesses operating throughout the Gippsland region. This report identifies that there have been three The current economic climate is a challenging one for biotechnology strategic plans: in 2001, 2004 and 2007. Gippsland business, and it is therefore pleasing to However, the Auditor-General concluded that, despite understand that despite these challenges many local delivering some successful facilities over more than businesses are operating successfully in the local, 10 years, the Department of Business and Innovation national and international markets. I commend Graeme was unable to demonstrate a cause and effect Sennett, the chairperson of the awards committee, and relationship between its investments and the results his team for their fantastic organisation of this event, achieved. After 11 long years of financial waste and along with the Bendigo Bank and other support mismanagement, it is great for all Victorians to have a sponsors for their ongoing contributions. government that understands financial matters, is financially competent and responsible and will ensure Many businesses within the Morwell electorate were that there are real outcomes in accountability for the nominated for various awards during the course of the investment of hard-earnt taxpayer dollars. evening. Hi Tek Kitchens and Neilson Builders were nominated for the building services and construction Mike Morris category with Kirway Constructions deemed the overall winner in that section. Other nominees were Claudia’s Mr PERERA (Cranbourne) — It was with great Cafe of Morwell and Traralgon Charcoal Chicken in sadness that I attended the funeral of a respected local the best hospitality section; Aerium Pty Ltd for best journalist, Mike Morris, over the winter break. Mike new business; Cool Aqua Springs and Cobaarz Eco was a senior journalist with Fairfax Media’s suburban

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Salon in the personal and other services section; and joined in with the local Chilean community and danced Wolf phones for best retail. his heart and soul out. Froggies Eco Wash won the best environment and Melba Community Recovery Committee: sustainable business practice award, whilst GippsAero community hall Pty Ltd took out the manufacturing and fabrication award. The big winner of the evening was Ms McLEISH (Seymour) — I want to recognise the CreditCollect of Traralgon, which took out the property fantastic and uplifting community spirit that exists finance and business services award along with the within the communities of Murrindindi and Gippsland business of the year title. I say a big ‘well Woodbourne. One of the Black Saturday fires began in done’ to Mark and Annie Answerth and the Murrindindi at the abandoned timber mill. Following CreditCollect team on their deserved success. This is the fire the Melba Community Recovery Committee relevant, as August is Small Business Month. Many was formed to represent the community. Early on the events hosted right across Victoria have been well members, Sue Devereaux, Mike Guerin and Stan attended. Banbury, consulted with community members to determine their needs. It became apparent that they Cultural Association Violeta Parra: lacked a meeting place. 24th anniversary The committee members sprang into action almost Ms GRALEY (Narre Warren South) — I recently immediately, enlisted the help of a number of had the pleasure of attending the 24th anniversary professionals on a pro bono basis, developed a project celebration of the Cultural Association Violeta Parra. plan and secured a Victorian Bushfire Appeal Fund The association was established in 1988 to pass on the (VBAF) grant for the Murrindindi-Woodbourne diverse cultural traditions of Chile through the art of Community Hub Inc. Roger and Denise Kirkham, Stan, dance. The group is named in honour of Violeta Parra, Sue and 12 other founding members formed the a famous Chilean artist who spread her message of MWCHI and became the only group able to manage peace and social justice through music, poetry and their own project — and manage it they did, coming in painting. I have been fortunate enough to witness a on time and on budget. The effort of the volunteers was number of the association’s performances in my amazing as they worked together and got their hands electorate, and they have been simply stunning. They dirty painting and gardening to produce an outstanding enchant audiences with the colour and movement of community hub in the most tranquil setting. They their beautifully choreographed dancing and, without should be proud of their effort, and I was delighted to exception, bring smiles to all those in attendance. My open the hall on the weekend. electorate was especially fortunate to have members of the association perform at a fundraising event I hosted Strath Creek: hall renovation following the tragic Chilean earthquakes in 2010. At this function more money was donated to earthquake Ms McLEISH — Strath Creek is a small victims. community of 300-odd people in the Murrindindi shire that also suffered on Black Saturday. Securing a VBAF Members of the Cultural Association Violeta Parra grant, the community members went about a modern include people of all ages and skill levels. I know renovation of their historic hall. The renovation effort audiences love watching young dancers take their first was led by Rosemary Simon-Ralph and, utilising local dancing steps, while mature dancers display their years builder Glen Shearer, the hall was transformed. The of experience and hard work. I have seen how young effort of community members here was inspiring, people benefit from being involved in this group. especially following the fires, and then again when they found themselves behind the eight ball with the theft of The mesmerising performers on the night included: electrical and plumbing items which took place several Estelle Villalobos, Jonathon Villalobos, Krystal days before the dinner to celebrate the end of the Godoy-Villalobos, Kirsten Godo-Villalobos, Kassandra recovery committee. I want to congratulate Liam Pozo, Benjamin Castro, Andre Villalobos, Stephanie Sheehan, Rosemary and the many volunteers who saw Villalobos, Denisse Nunex, Jessica Villalobos, Celeste the project to completion, and I thank the community Villalobos, Daniel Castro, Steven Cabreras, Sebastian for extending me an invitation to attend the celebratory Cabreras, Sebastian Escobar and Jose Tronsco. Thank dinner. you all for your beautiful performances. As usual the charismatic Consul General of Chile, Diego Velasco,

MEMBERS STATEMENTS

Tuesday, 30 August 2011 ASSEMBLY 2869

Peter Dillon Labor did not see the importance of the Rock Eisteddfod. In 2004 the event was funded with Mr TREZISE (Geelong) — I take this opportunity $136 000 from the then government. By 2010 the to mark the life and untimely death of Peter Dillon. Brumby government’s contribution had dropped to Peter was born on 24 May 1945 to Michael and Elaine $102 000, and Labor had also raised the fees for the use Dillon and brought up in Surrey Hills. He became a of Hisense Arena. In 2009 the organisers requested a Franciscan monk in 1963 at the age of 17 and was funding increase to $200 000 from then youth affairs ordained as a priest in 1970. As part of his work he minister, the member for Monbulk, but were refused. In went to New Zealand in 1975, where he met his future February 2010 schools were notified that the event wife, Gabriella, and moved on to New York in 1982. would not take place that year due to lack of funding. Gabriella followed him to New York, and they married On 9 February the coalition announced that, if elected, in 1984, returning to Geelong in 1985. Peter and funding would be increased to $800 000 over four Gabriella had five children: Francis, William, Oliver, years. This ongoing commitment saw the Rock Gabriel and Martha. Peter adored his children and was Eisteddfod return to Victoria this year. involved in every aspect of their lives, particularly the boys’ footy. On 19 August I attended the 2011 Victorian Rock Eisteddfod finals and was impressed by the Peter’s working life was very much about helping and performances. I am pleased to see this important event caring for others, especially young people. He and continue under the coalition government. It was with Gabriella joined Glastonbury as the founders of the disbelief that I observed members of the ALP attending early adolescent program, and then moved on to City this event to hand out awards to schools. After Limits Youth Refuge. Peter did a postgraduate degree discontinuing funding for a great program for Victoria’s in education and taught at local schools. He also school students, the Labor Party had no right to worked at Time for Youth, Barwon Youth, Bethany represent the government at this year’s eisteddfod. That Housing and Deakin University. Peter worked at City its members thought they had that right shows the Limits Youth Refuge for more than 20 years, party’s hypocrisy — — supporting young homeless people. The SPEAKER — Order! The member’s time has In 2001 sadly Peter was diagnosed with prostate cancer, expired. against which he courageously fought for 10 years. He was forced to step down from his work at City Limits Ballarat South Community Learning Precinct, when his health deteriorated. I attended Peter’s funeral Redan campus: principal for a day on 12 August 2011, as did hundreds of others who had the pleasure of having known such an extraordinary Ms KNIGHT (Ballarat West) — I had a fabulous man. Peter Dillon will be greatly missed by his family, day last week as principal for a day at the Ballarat friends and the community. He will be sadly missed, South Community Learning Precinct, Redan campus. It and this world will be the poorer for his passing. was a terrific experience, and I learnt a lot that day. Rock Eisteddfod Challenge: funding I started with a tour of the school, and I heard about the importance of starting the day with a breakfast Mr BATTIN (Gembrook) — The Rock Eisteddfod program, which was run by Robyn and Jenny and many began in 1980 as the New South Wales Rock ‘n’ Roll other volunteers. I also spent time in each of the Eisteddfod. It is an opportunity for students to take part classrooms watching the teachers and students interact. in a dance, drama and design event starring secondary college students. The school community works together I have to give a special thanks to Bailey, who provided for months to produce an 8-minute performance that me with a tour of the playground during morning recess showcases students’ talents. In 1988 it was rebranded as and who very politely introduced me to other students. I the Rock Eisteddfod Challenge. Now nearly will always remember how polite and well mannered 300 Australian schools and 25 000 students across Bailey was on that day and how he tried very hard to Australia compete in the Rock Eisteddfod. Over the last make sure I felt welcome. I think if Bailey puts his 30 years more than 1 million students have participated mind to it, he will really be something one day. in the event. The program gives young people experience in the performing arts and helps them I thank also Elke Gunn, the real principal, who is so develop confidence, leadership and organisational good at what she does. Her passion is obvious, and this skills. extends throughout the school. The teachers and staff also share this passion and love for the school, and they

MEMBERS STATEMENTS

2870 ASSEMBLY Tuesday, 30 August 2011 share a commitment to providing the students with as Geelong Road, Mount Helen: pedestrian many opportunities as possible and to being the best crossing that they can be. Teachers like Wendi Beckers and all the other wonderful teachers put a great deal of time, Mr HOWARD (Ballarat East) — I have been energy and effort into their profession, and they often working with many residents and school communities do so on their own time and at their own expense. in Mount Helen who are pleased that VicRoads has agreed to provide a pedestrian refuge on Geelong Road Principal for a Day is a fantastic program, and I know near Greenhill Road in Mount Helen. However, they many members in this place participated in it. I will are concerned that their common-sense request to move certainly be looking forward to having another go next the 60-kilometre-an-hour speed zone a small distance in year. order to take in this pedestrian crossing area has not been agreed to. Having written to the Minister for Mildura Masters Games Roads on this matter, I urge him to intervene to support this sensible request. Mr CRISP (Mildura) — The Mildura Masters Games competition is held every second year over eight Ballarat Health Services: board appointments days, and this year it attracted more than 650 entrants. Entrants came from all over Australia and the event, Mr HOWARD — The coalition came to office on a which was first held in 2006, has grown to become one pretext of providing open and accountable government; of the largest events on the local sporting calendar. however, the announcement of the new appointees to the Ballarat Health Services board leaves many Competitors this year were involved in 19 different questions open about the appointment process. sports. The event was supported by the coalition government, with marketing funding presented by the With four positions vacant, existing board member Minister for Sport and Recreation as part of the Dr Rob McDonald and board vice-president Jim Elvey Significant Sporting Events program. renominated. They were not reappointed, and instead three local Liberal Party stalwarts were appointed to Those who come to Mildura to compete do more than these positions. They included the Liberal candidate for just pursue their sporting passion; they also take Ballarat West at the last election, Craig Coltman, advantage of Mildura’s many tourist attractions, Liberal Party member Andrew Faull and Noel Coxall, beautiful weather and wonderful accommodation who, despite denying he was a current Liberal Party venues. This provides considerable economic stimulus member, is known to be an active Liberal Party for Mildura. Visitors also take back to the many places supporter and financial donor. they have come from their word-of-mouth experiences of our venues. While it may be that these three individuals can become useful members of the board, the process of There would not be a masters games without all the appointment clearly is not transparent. It was a slap in volunteers who are necessary in helping out with the face to Dr McDonald and Mr Elvey to be registrations, marshalling, scoring and timekeeping, as effectively advised that they were not good enough to well as assisting at the Mildura visitor information be kept on the board. This leaves no doctors on the centre. I, like many others, participated in medal board, and leaves the fourth position vacant. presentation ceremonies. I would also like to pay tribute to the competitors who participated in the competition Chelsea Heights Football Club: fundraising in good spirit and showed great sportsmanship. I spent events time at the swimming competition and was impressed by the athleticism of competitors whose age ranged Mrs BAUER (Carrum) — I commend Chelsea from 25 to 90 years. Heights Football Club for the Daffodil Day initiative it held over the weekend. Over 70 footballers wearing I would also like to pay tribute to each and every one of daffodil yellow football jumpers played three matches those people who gave their time to make the event an in front of a crowd of close to 800 community outstanding success, and I look forward to the next members, and all took part in raising over $1000 for the Mildura Masters Games and hopefully to reacquainting Cancer Council. myself with some of the competitors. I also thank and acknowledge the contribution of the Chelsea Heights Football Club for its role in organising the Matheson family fundraiser. This was a fun day

MEMBERS STATEMENTS

Tuesday, 30 August 2011 ASSEMBLY 2871 held recently for a local family in need, in which which won excellence awards for choreography, 150 club members, local community organisations, performance skill and stage use. businesses, the Rotary Club of Chelsea and the Lions Club of Chelsea District collectively raised over All three schools have continued their fantastic records $38 000. of success in the Rock Eisteddfod Challenge. The continued successes of these schools in the challenge Carrum Surf Life Saving Club: funding confirm that the arts in our local area are alive and thriving in new generations of talented young people Mrs BAUER — Last week I was delighted to throw who are building upon the Eltham electorate’s strong a lifeline to Carrum Surf Life Saving Club with a contribution to Victoria’s artistic legacy. $500 000 funding contribution from the coalition government to be added to the $660 000 from Kingston Rock Eisteddfod Challenge: funding council to rebuild a wonderful new clubhouse after the club sustained storm damage. Ms MILLER (Bentleigh) — I rise today to congratulate the Victorian government for delivering on This funding is recognition of the invaluable service its election commitment to reinstate funding for the that club volunteers provide to our community and the Victorian Rock Eisteddfod of $800 000 over four years. thousands of visitors to Carrum beach. This government while in opposition made a commitment to the Victorian people that, if elected, it Rail: Frankston line would provide funds for this event to continue, and it has most certainly delivered on this commitment. Mrs BAUER — I recently had the pleasure of experiencing the much improved service of the Talented school students from Our Lady of the Sacred Frankston line when I caught a train from Chelsea to Heart College in Bentleigh won numerous categories the city. this year and came second overall. This is an outstanding achievement for the girls, and I was From the abysmally low 65.5 per cent punctuality that honoured to present them with their certificates and was achieved in June 2010 under the former Labor award. government, I am delighted to advise that the latest figures for July 2011 report that punctuality of trains on The previous government ceased funding for this the Frankston line has now improved to 92.6 per cent. program because it did not understand what our youth of today wants. Its level of interest in the youth of today Rock Eisteddfod Challenge: Eltham electorate was questionable. To deny these students the opportunity to express themselves, gain confidence and Mr HERBERT (Eltham) — I rise to pay tribute to learn the benefits of teamwork was an absolute three terrific local schools that have achieved great disgrace. The youth of today will be the leaders of success yet again in the 2011 Rock Eisteddfod tomorrow. The participants commented on the night Challenge. that they were glad the program is back and loved the Montmorency Secondary College in particular had a opportunity of making new friends and putting terrific result in taking home second place in its division themselves outside their comfort zone, building their at this year’s grand final. Monty secondary not only confidence. It also helps develop relationships between took second place in the open division for its terrific students at different school year levels, which is great. and topical performance piece on the palm oil issue and They also learn the benefits of communication and the deforestation in Borneo, but it also won an problem solving, with the opportunity to act as role incredible 10 awards for excellence in categories such models for the younger students. as concept, drama and soundtrack. This is a fantastic It took a responsible government to fix the problems by achievement for the school and is a testament to the understanding our youth, getting on with the job and hard work, dedication and commitment of students, delivering its election commitments. I am delighted for parents, teachers, staff and the entire school the students in Bentleigh that the Rock Eisteddfod community. continues to rock on. I congratulate Eltham High School, which won Bentleigh Bowling Club: 67th anniversary excellence awards for choreography, stage use, stage crew and environmental and social awareness. I would Ms MILLER — I congratulate the Bentleigh also like to congratulate St Helena Secondary College, Bowling Club, which is celebrating its 67th year this

MEMBERS STATEMENTS

2872 ASSEMBLY Tuesday, 30 August 2011 weekend. The season is now officially open Mrs Carey-Pallot was equally disturbed that it took for 2011–12. 13 days before the family was advised of her son’s death. While there remain unanswered questions, Tarnagulla: speed limits Mrs Carey-Pallot has expressed concerns that carers of psychiatric patients may not know of the wider family’s Ms EDWARDS (Bendigo West) — Today I lodged existence. She encourages all families in this situation a petition with the Clerk of this house on behalf of the to ensure relevant statutory bodies and carers have the residents and the community of the township of family’s up-to-date details so similar situations do not Tarnagulla in my electorate. This petition calls upon occur in the future. VicRoads and the Minister for Transport to change the speed zone in Commercial Road and the Wimmera Children: Take a Break program Highway, Tarnagulla, from 60 kilometres an hour to 50 kilometres an hour. The Tarnagulla community, via Mr BULL — I wish once again to draw the the very active Neighbourhood Watch group, has been attention of the house to Take a Break child-care pushing this matter for some time, because there are funding and the potential impact it will have on my serious concerns about community safety on the main region. Guidelines for this program clearly state it is highway running through the town. jointly funded by the state and federal governments — and Victoria’s money is on the table. This government This is the second petition members of the community has taken on responsibility for funding it in full until the have signed with regard to this matter. The first, end of this year, allowing the federal government ample containing 210 signatures, was presented to the Shire of time to reassess its priorities. I call on the opposition to Loddon. The second petition, lodged today, contains lobby its federal counterparts to fulfil their obligations, 168 signatures. These petitions are evidence that the and the federal government to accept its responsibility community of Tarnagulla is very serious about of funding child-care services. pursuing a reduction in the speed limit through its main street, and I support it in that push. After visiting the Swifts Creek Football Club: premiership township and meeting with local Neighbourhood Watch members, including the local policeman, it was Mr BULL — My congratulations also to the Swifts evident there is a lot of through traffic, particularly Creek Football Club on winning back-to-back during holiday periods. Every house in the main street premierships in the Omeo and District Football League is inhabited, and there are several businesses in the on the weekend, defeating Lindenow South. main street. Joseph Epstein Centre for Emergency Many B-double trucks use the route through Medicine Research Tarnagulla, and the narrowness of the road means it is very dangerous for all pedestrians but especially for Mr LANGUILLER (Derrimut) — I wish to schoolchildren who use this route on their way to and commend the work of the Joseph Epstein Centre for from school on their bikes. Many other small towns in Emergency Medicine Research, located at the Sunshine my electorate, such as Chewton, have successfully Hospital in St Albans, Melbourne. The aim of the campaigned for a speed reduction from 60 kilometres centre is to translate evidence into better health care by an hour to 50 kilometres an hour, and Tarnagulla performing high quality clinical research in the areas of should be no exception, given its location on a main emergency medicine and pre-hospital care; developing highway. partnerships for research, across both national and international regions and across disciplines — Mental health: patient details ambulance, medical, nursing and community; providing education and support to workers in pre-hospital care Mr BULL (Gippsland East) — I wish to raise an and emergency medicine in order to develop research issue brought to my attention by Mrs Geraldine that will improve outcomes for patients; and Carey-Pallot, of Stratford. Mrs Carey-Pallot’s son demonstrating the translation of evidence into improved Barry suffered from a psychiatric illness and, after an practice. accident, became wheelchair bound. He then resided in nursing homes before sadly passing away in 2009 of The Joseph Epstein Centre for Emergency Medicine pneumonia. Despite Barry stating he had no family, his Research was established by Western Health in 2001 family had advised authorities of their existence. and was opened by the then health minister, the Several investigations failed to resolve how Barry could Honourable John Thwaites, on 13 February 2001. The have died without anyone noticing his illness, but centre focuses on clinical research directly related to

DOMESTIC ANIMALS AMENDMENT (RESTRICTED BREEDS) BILL 2011

Tuesday, 30 August 2011 ASSEMBLY 2873 improving clinical practice in emergency departments. David Woolcock Its approaches are multidisciplinary and collaborative, and its projects address questions in pre-hospital, Ms CAMPBELL (Pascoe Vale) — Congratulations nursing, emergency medical and critical care domains. to David Woolcock on his dedicated work as Victorian The centre works closely with the department of certificate of applied learning coordinator at Glenroy emergency medicine at Western Health, which has College. three emergency department campuses located in the western suburbs of Melbourne and which treats in The SPEAKER — Order! The member’s time has excess of 125 000 patients annually. expired. Chadstone Synners: premiership DOMESTIC ANIMALS AMENDMENT Mr WATT (Burwood) — Congratulations to the (RESTRICTED BREEDS) BILL 2011 Chadstone Synners senior Football Integration Development Association team on its division 2 Second reading premiership win on 21 August this year. The Football Debate resumed from earlier this day; motion of Integration Development Association provides a Mr WALSH (Minister for Agriculture and Food regular competitive game of Australian rules football Security). for players with an intellectual disability. There are currently around 400 players in the association, with Mr LANGUILLER (Derrimut) — I rise to speak Chadstone having two teams in the competition — a on the bill. I do not think anyone in this house would be seniors team and a reserves team. They have performed able to feel anything but sadness as the government extremely well this year. Not only did the seniors team introduces the legislation this week. We commend the beat Williamstown comprehensively for the division 2 government and indicate from the outset that the premiership, but Chadstone was also runner up in the opposition, as was indicated by the Leader of the division 2 reserves competition. Congratulations to all Opposition and various speakers during the course of players and to the coach, Bill Garland, on such a great today, will be supporting the bill. performance, not only in the grand final but throughout the year. A couple of days after a pit bull tragically killed young Ayen Chol in St Albans, I was accompanied by my St Dominic’s Primary School, Camberwell colleague the member for Kororoit and Dut Athian, East: member visit who is a young Sudanese man who from time to time volunteers time in my office, to the house of the family Mr WATT — On 3 August I visited St Dominic’s where this tragedy occurred, where we met with family parish school to speak to the grade 5 and 6 students members and their friends. about democracy. It was great to see such a keen interest in democracy and our system of government. I We expressed our deep sorrow on behalf of the thank the teacher, Tom Gorman, for his invitation. I can opposition. We told them of how every member in this only hope the students got as much out of the house felt so deeply affected by this tragedy. We told experience as I did. After listening to the students, I them of the Premier’s words and the Leader of the know our future is in good hands. Opposition’s words in Parliament. We told them of our determination, as a Parliament, to do whatever it takes Katalin Hadju to ensure that this would not occur again. We knew this would not bring back their loved one, but we knew of Mr WATT — Congratulations to Katalin Hadju on their compassion and generosity, and we hoped to have her 80th birthday on 15 August — and I thank her for their understanding of our sincere condolences on the birthday cake, which was shared in my office to everyone’s behalf. celebrate both her birthday and mine. The parish priest, Fr Noel Brady, was there with them Burwood District Bowls Club: greens opening all the way through. He was there with the community, and I will not forget — as I am sure the member for Mr WATT — I would also like to thank the Kororoit will not forget — seeing him when we arrived, Burwood District Bowls Club for its invitation to open as he simply cried and cried. He told us that in his mind the greens on Saturday. I can only apologise for the that tragic event was not an act of God. He kept crying poor performance I put in, even though we lost by only and mourning. one bowl.

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2874 ASSEMBLY Tuesday, 30 August 2011

I have met with the family a few times, sometimes in As we all recognise, this is a tragic event. There are no my office, with the member for Kororoit. We spoke to words to describe it. Having gone there with the government officials from the minister’s office. They member for Kororoit, it is difficult to imagine what the are working through a range of challenges that this family went through. I do not think we can, but we can family faces, including housing. We are confident that do something to ensure that it does not happen again. these issues will be worked through collaboratively and successfully. As we have indicated before, we support the Domestic Animals Amendment (Restricted Breeds) Bill 2011. I know none of that will bring back this family’s loved The bill makes two changes to the existing legislation. one, but it is a humble and simple way of saying how Firstly, the bill provides for a standard for restricted much the Parliament, the government and the breed dogs in Victoria, which we previously lacked. opposition understand what they are going through. I The standard approved by the minister will be know the family appreciates what the government is published in the Victoria Government Gazette. A doing and what the opposition has done in immediately restricted breed is one of the following five breeds: the extending our support to the government’s efforts to Japanese tosa, the fila Brasiliero, the dogo Argentino, toughen the laws and make sure that this does not the perro de presa Canario, or the American pit bull happen again. As the family have indicated to me in my terrier. The standard pays particular attention to the office, they appreciate the government and the American pit bull terrier because it is common in opposition working together and getting behind them in Victoria while the other breeds are virtually unknown. assisting with some of the important practical It is intended that the standard will be published in the challenges they face. We appreciate that too. Government Gazette on Thursday.

Last Friday, together with my colleagues — including Business interrupted pursuant to sessional orders. the Deputy Premier, the member for Kororoit and the federal member for Maribyrnong, Bill Shorten — and Sitting continued on motion of Mr McINTOSH hundreds of other people, including community leaders, (Minister for Corrections). media representatives and friends of the family, I attended the funeral of Ayen Chol at Resurrection Mr LANGUILLER (Derrimut) — Secondly, the Catholic Church in St Albans. The celebrant was parish bill will remove the two-year amnesty that was priest Fr Noel Brady, whose work, spiritual support and introduced on 1 September 2010 on the keeping and love for the family came through all the way. registration of restricted breed dogs. The current amnesty provisions allow registration of a restricted Bright handprints covered a card made by four-year-old breed dog until September 2012; the bill will cut back Ayen Chol’s kindergarten friends, with big words the amnesty period to 29 September 2011. We reading, ‘We miss you’. Ayen’s mother, Jackline commend that — it is a good move. This means that Anchito, and father, Mawien Chol Monjang, sat in the from 30 September 2011 the possession and keeping of front row with their sons Marko, 11, and Chol, 8. a restricted breed dog will be illegal unless the dog was Ayen’s uncle Mayen Jere is quoted by the Herald Sun in Victoria before the start of the amnesty period on as having said: 1 September 2010 and the dog was registered before 30 September 2011. In short and very plainly, the A little bit of heaven’s been taken from us … measures that have been brought forward are good Even in your parting … you have brought us this powerful ones. legacy. A dangerous dog hotline commenced operation today. You have brought the entire community together like nothing It will operate during business hours seven days a else has, people from all walks of life, people from all week. The minister indicated that the telephone line has nationalities and religions, politicians, members of the media, the church, community leaders, family and friends. already been busy — and that is not surprising. We encourage members of the community across the state More than 600 people attended the funeral. to cooperate, to help and to do what is right.

In response to the government’s proposals, which as we The Municipal Association of Victoria (MAV) supports have indicated are being supported by the opposition, the provision of greater clarity for council officers, Ayen’s father, Mawien Chol Monjang, is quoted as particularly regarding disputes heard by the Victorian having said: Civil and Administrative Tribunal. The 48-hour holding period has not changed. MAV is satisfied with this. I don’t want any other child to be attacked by a dog again … it gives me some peace of mind. I have another two boys and It is incumbent on us and important to place on the I need them to be safe … record what the Labor government did in relation to these matters. When in government Labor made a range

DOMESTIC ANIMALS AMENDMENT (RESTRICTED BREEDS) BILL 2011

Tuesday, 30 August 2011 ASSEMBLY 2875 of reforms to laws around dangerous dogs. We allowed sick and tired of reading tragic stories in the local councils to fine owners of dogs that are menacing and papers — and it does not matter in which community it dogs that are not on a lead and which give people a happens. fright even if they do not attack or bite. We declared pit bull terriers a restricted breed in 2001 and introduced Tragically, it can happen anywhere. It happened in my legislation for that breed to be compulsorily desexed. electorate and it happened in the electorate of the We outlawed the attending of animal fights and member for Kororoit. As local members we are doing introduced a system that ensures that if owners of what we can. Incidentally, I take this opportunity to dangerous dogs move municipalities, the record of the record my appreciation for the work the government dog being dangerous remains rather than slipping under and the Minister for Housing are doing in relation to the radar because it is in a different municipality. We sorting out personal and private matters which are introduced laws requiring all dangerous dogs and important and which should be sorted out. I am restricted breed dogs to be desexed and doubled the cognisant of the work of the department, and I thank it penalty for failing to register a restricted breed dog or and I commend it for its work. We look forward to for providing false information. hearing that very soon, hopefully this week, these issues will be resolved. The family, and every member of this Last year we conducted a survey to ensure that the house, understands that none of this will bring back government approach to dangerous dogs reflected their loved one. It is just a small measure of support and community expectations on this important safety perhaps an indication of how sorry we all are that this reform. Subsequent legislation ensured that council happened. officers are able to seize and destroy any unregistered and unidentifiable dangerous dog found unsupervised In conclusion, we look forward to the government in a public place or any such dog that is deemed to be a meeting the standards that were set by the Premier; we risk to a person or other animal. We also introduced look forward to that discussion. We look forward to new penalties for pet owners if they infringe any placing on record our wholehearted support for those regulations. measures. In my office the family has indicated how much it understands and appreciates the work that both My remarks will be brief. I am cognisant of the need to the government and the opposition, indeed the fast-track the legislation — to debate it briefly in this Parliament, have undertaken on their behalf and how chamber and to send it on to the upper house. Another much support has been provided to them to date. I wish colleague will make a further contribution but, in the this legislation a very speedy passage. most respectful way, I direct my remarks to the Minister for Agriculture and Food Security, who is at Mr HODGETT (Kilsyth) — I rise to make a the table, and to the Premier. The community contribution on the Domestic Animals Amendment understands there is a time when further measures need (Restricted Breeds) Bill 2011. It is a very important bill to be introduced, and we understand that will happen. that the Baillieu government has moved quickly to draft We had hoped, and I say this in the most respectful and introduce to the Parliament. I commend the way, that amendments to the Crimes Act 1958 might Minister for Agriculture and Food Security for his solid have been introduced this week, and I think the work on the bill. The main purpose of the bill is to community will wholeheartedly support those make further provision with respect to the keeping of amendments. Equally, we had hoped that perhaps restricted breed dogs. It provides for the tougher measures and tougher penalties would be commencement date of the bill to be 30 September. introduced. We submit to the government that there will be an enormous amount of community support for that, The Domestic Animals Amendment (Restricted as the government well understands. Breeds) Bill 2011 amends the Domestic Animals Act 1994. As the previous member stated, currently there It is only a matter of reading the newspapers, local and are five restricted breeds of dogs in Victoria. They are otherwise, to understand that there is enormous support the American pit bull terrier, commonly known as the from the community and an expectation that the words pit bill; the dogo Argentino; the fila Brasileiro; the the Premier put on record at the time of the event, Japanese tosa; and the perro de presa Canario. I am sure which were endorsed by the Leader of the Opposition, Hansard will make the names read in exactly the same will be brought into effect by way of public policy and way as the way the member for Derrimut read them. He legislation. We look forward to that discussion in this pronounced the names so accurately and so well. chamber when the government introduces tough measures, because, and let me put it quite plainly, the Mr Wakeling — Eloquently. opposition, and indeed every member in this house, is

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2876 ASSEMBLY Tuesday, 30 August 2011

Mr HODGETT — Eloquently, absolutely. As the mauled by this dog which could not be pulled away minister said in his second-reading speech, the bill from her. provides for the approval of a standard that will assist councils to identify whether a dog is a restricted breed Members on this side of the house would like to see the dog. The standard has been under development since Premier’s words enforced. The Premier talked about September 2010, and it will be approved and gazetted taking this offence out of the Domestic Animals Act on the commencement of the bill. I work very closely 1994 and putting it into the Crimes Act 1958. We with my local government areas, and I am well aware would support that on the floor of the house. The of the frustration of council officers with the lack of Leader of the Opposition has said we support this. We clear standards for identifying pit bull-type dogs. This support harsher penalties, and I would like to see those bill will support local government in this respect. As the harsher penalties increased, not at some later stage but Minister for Agriculture and Food Security stated, the as soon as possible. published standard will provide clear guidance to councils, authorised officers and the general public on We would like to see councils being better resourced. I what type of dog constitutes a restricted breed. This will do not think it is enough to send a council by-laws make enforcement easier for council officers and officer out with a picture of these dogs; by-laws officers remove doubt about the identification of these dogs, have to be trained to recognise these dogs for what they thus allowing them to be declared a restricted breed in a are. I call on the government to allocate more money in speedy manner. the budget to allow council officers to be trained.

There are a number of points I could go on to make Dr Graeme Smith of the Lort Smith Animal Hospital tonight, but in the interests of moving this legislation says there are some 5000 pit bulls out there. If there are through both houses this week, I will keep my 5000 pit bulls out there in the community, we need to contribution short and just sum up. In summary, the key ensure that each and every one of those 5000 dogs is thing the bill does is to bring forward the amnesty and properly contained according to the law. It will be up to the gazetting of the new standard that will follow on the councils to enforce that law, and I want to see more after its passing. It will give councils certainty in how to resources for council by-laws officers to make sure identify restricted-type dogs. I commend the bill to the these 5000 dogs are contained as they should be. When house. they are out in the street, they should be muzzled. Personally I would like to see these dogs completely Ms BEATTIE (Yuroke) — I will also confine bred out of existence, and this will happen in time. myself to a few remarks with the intention of getting this bill through to the upper house. As has been said We need to tighten the laws around the internet because before, this bill is supported by both sides of the house. people will buy these dogs over the internet and there I just want to touch on a couple of points. I bred dogs may be some opportunity for them to import them. That for some 20 years before I came into this Parliament, is another area that needs to be looked at. and anybody who knows anything about dogs — and I In supporting this bill and offering my condolences to see the member for Benalla in the house; I am sure he the families affected, I urge the government to do as it would agree with me — will know that dogs have an said it would do and take these killing machines out of imprint in their DNA. If they are a hunting dog, they existence, to put this in the Crimes Act 1958 and bring are bred to hunt. If they are a lapdog, they are bred to sit harsher penalties in. The government needs to give the on the couch. These pit bulls and the other four breeds local municipalities more money for enforcement, more that are mentioned are killing machines. They are money to train their council officers and more money to nothing more and nothing less. Their whole body go around and make sure that these 5000 killing structure gives them the power to kill. They are heavy machines that are out there are taken out of existence. around the neck, their fronts are muscled up, they are heavy around the jaw and their jaws lock in a I wish this bill a speedy passage; each and every scissor-like grip. They are bred to fight, and they are member on this side of the house wishes this bill a dangerous dogs. speedy passage. The government can be assured that we on this side of the house will do everything within Any dog has the capacity to bite but these dogs have the our power to support its harsher penalties and putting capacity to kill, and that is what they have done. Our this into the Crimes Act 1958, but we urge the hearts go out to the family of little Ayen Chol, who was government to do it now. tragically killed by one of these monsters. Not only was she killed but other members of her family were Mr WALSH (Minister for Agriculture and Food Security) — I will sum up the debate on the bill. I thank

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Tuesday, 30 August 2011 ASSEMBLY 2877 the members for Derrimut, Kilsyth and Yuroke for their and to seize them and have them put down if they are contributions. I know a lot of other members in the not registered by 30 September. chamber would have liked to have made a comment on this particular piece of legislation but did not, and I I thank those members who made contributions and thank them for their restraint so we can get this bill to those members who showed restraint in not making the upper house and get it passed tonight. It can then be contributions. I wish this bill a speedy passage so we signed off by the Governor tomorrow and we can can get it to the upper house. gazette the new standard that is part of this bill. Motion agreed to. In their contributions the other speakers each talked about the issue of these particular dogs in the Read second time; by leave, proceeded to third community, and the government is very aware of the reading. issue. Some of the issues that were raised are already Third reading covered by existing legislation. It is illegal to import these dogs into Victoria, and it is illegal to sell and Motion agreed to. breed these particular dogs. Read third time. We have to make sure that the community is involved in the implementation of these sorts of issues. The best Remaining business postponed on motion of way the resources can be used is to have the community Mr McINTOSH (Minister for Corrections). involved in identifying these dogs so that the council by-law officers can go about their jobs. That is why the government has set up the ‘dob in a dangerous dog’ ADJOURNMENT hotline. The community can report to the hotline and the information will go to their local council’s by-law The SPEAKER — Order! The question is: officers so they can go and do their job. That is the most That the house now adjourns. efficient way of doing that to get the best result in the shortest time. Ms Edwards — On a point of order, Speaker, I draw your attention to sessional orders adopted by this The new standard will be gazetted on passage of this chamber under this current government requiring bill. The standard is quite prescriptive, so council ministers to provide responses to adjournment debate officers will now have backup to determine what type matters within 30 days. On 1 July 2011 I raised an of dog is restricted breed dog. That will give them the important matter in this place for the Minister for faith to do that. Hopefully that will be backed up by Health. I asked him to give an assurance to the people Victorian Civil and Administrative Tribunal, so we do of Bendigo and to the staff who work in the pathology not have the issue we have had in the past where VCAT sector in Bendigo that the Bendigo Health pathology has overruled council officers. service will not be privatised, as was mooted by hospital management following the release of the I can only endorse what other members have already Redback review. I ask that you, Speaker, direct the said about these particular types of dogs being lethal minister to provide this house with an immediate weapons on legs. As the member for Yuroke said, we explanation as to why I am still yet to receive an answer need to make sure that they are bred out of existence. from the minister.

For those people who have done the right thing or who The SPEAKER — Order! I will ensure the minister will do the right thing over the next 30 days and register is written to. their restricted breed dogs, those dogs will need to be desexed, they will need to be microchipped and they Dartmouth pondage: access will need to be enclosed in a secure area in their owner’s home or yard. If they are taken out in public, Mr TILLEY (Benambra) — I wish to raise a matter the law requires them to be on a lead and to be for the attention of the Minister for Water. The action I muzzled. There are very strict rules there. The issue is seek is for the minister to assure recreational anglers making sure that as a community, as a government and that they will have access to the Dartmouth pondage. as councils we can do something about the large Dartmouth pondage, or Lake Banimboola as it is number of illegal restricted breed dogs that are at large. known to residents, is a catchment pondage below The phone line and the support we will give to councils Dartmouth Dam and the power station — and the will enable council officers to hunt these dogs down minister is well aware of the area, having recently

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2878 ASSEMBLY Tuesday, 30 August 2011 travelled up there for the 30th anniversary celebration intersection in Mount Clear. Drivers who use this of the completion of construction of the Dartmouth intersection, especially at morning and evening peak Dam. Local residents are committed to seeing the area hour times, find the traffic banks up heavily around this opened up for community access to recreational fishing. intersection. Although I was successful in gaining In the lead-up to the 2010 election the coalition made a funding for an earlier upgrade of the intersection in commitment that when in government it would provide 2000, increased traffic flow along this route has seen funding of $130 000 to ensure reliable access and safe the need for further works. As I have indicated, a fishing on the Dartmouth pondage with a floating further $2 million was allocated in last year’s budget pontoon, good access, safe parking and improved brought down by the Brumby government, and these standing areas. works were expected to commence either late last year or early this year. The local Dartmouth community has shown great dedication over a long period to attract tourists and to I have followed up this project on a number of foster growth of their community, and I commend it for occasions with VicRoads. It initially advised that plans this commitment. In particular I would like to mention for the project would perhaps be available last members of the Dartmouth Alpine Anglers Club, the September. That time passed and I was advised they Dartmouth Community Progress Association, the Mitta might be available in November, but with no plans Valley Tourism Association and the Mitta Valley forthcoming it now appears that since the Baillieu Advancement Forum. Attendance at a recent meeting government was elected this project has fallen off the of key stakeholders highlighted the wider vision of the ‘To action’ list. Although I wrote to the Minister for community for a heritage nature walk linking the Roads last December asking that he ensure that this Dartmouth township and the pondage, barbecue and project progressed as a priority, the budget year has picnic areas and wetlands was discussed. ended with no expenditure of the $2 million and no further plan surfacing. Access to the pondage will formalise what locals already know — that is, that it is a great spot to wet a At the same time $600 000 was allocated from the safer line. Formal access will be an addition to assets roads infrastructure program to further improve flows available to the community to sell the area as a prime on the Ballarat-Buninyong Road by using line marking destination for anglers across Victoria and indeed and some widening of the road, but these works are yet around the country. The area is currently underutilised, to be undertaken. On 14 June this year I raised the and lack of access to the pondage is holding the town matter of the $530 000 allocated, again under Labor, to back. An application made by Dartmouth to hold the construct a roundabout on the Midland Highway in world fly fishing championships was rejected because Creswick at the busy Clunes Road intersection. Not there was no formal access to the pondage, which led to only am I still awaiting a response from the minister but the loss of something like 2000 anglers visiting the more importantly I notice that there is no sign of any area. Generally Goulburn-Murray Water supports the works happening at this intersection. These works improvement of safe public access to all its storage funded under Labor are important to my constituents, facilities; however, there is a reticence to allow anglers and I again urge the minister to ensure that these works near the pondage without provision for public liability are undertaken as a priority. I also look forward to the insurance. I ask the minister to ensure that discussions response from the minister in regard to other works, are held, liability is established and access is granted for including the moving of the speed zone to encompass community use to enable works to be carried out to the proposed pedestrian refuge that was also going to be honour the coalition’s election commitment. built on Geelong Road. Roads: Ballarat East electorate Bushfires: fuel reduction

Mr HOWARD (Ballarat East) — I have a matter to Mr BURGESS (Hastings) — I wish to raise a raise with the Minister for Roads. I am very concerned matter for the attention of the Minister for Environment that funding allocated to road projects within my and Climate Change, and the action I seek is for the electorate under the former Brumby government is yet minister to ensure that the coastal villages fuel to be spent, and I ask the minister to take action to reduction plan, a plan authored by local communities in ensure that these projects get under way as soon as consultation with their CFA (Country Fire Authority) possible. In the former Brumby government’s budget brigades, is implemented in full before the coming fire brought down in May last year I was pleased that season. funding of $2 million, which I had advocated for, was allocated to upgrade the Whitehorse–Geelong roads

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On Monday, 22 August, I held an information night in are: behind the Cannons Creek playground, the Blind Bight to discuss fire prevention with local community centre and CFA building off Cannons residents of the coastal villages, Casey council fire Creek Road in the Bonnie Watson Reserve; the Bonnie officers, Department of Sustainability and Environment Watson Reserve, located between Glenalva Parade and officers and Parks Victoria officers. The views Reserve Way; and the Cannons Creek foreshore near expressed by the members of the local community on the corner of Irene Parade and Reserve Way. the night were unanimous: over recent years there have been nowhere near enough fuel reduction burns and I seek the assistance of the minister with the full slashing carried out throughout the coastal villages. The implementation of this plan before the coming fire aspect of the coastal villages that leaves them season. particularly exposed to bushfires and therefore almost entirely reliant on authorities carrying out effective fuel Victorian certificate of applied learning: reduction is the fact that they are one-road-in and funding one-road-out communities. Mr SCOTT (Preston) — The matter I wish to raise The local community, in conjunction with the CFA is for the attention of the Minister for Education. It captain, Hans DeKraker, has set out a fuel reduction relates to the Victorian certificate of applied learning plan — a plan that is also endorsed by the Warneet (VCAL) senior extension program. The action I seek is Association — and is seeking to have it fully that the minister fund the coordination of the VCAL implemented as soon as possible. This plan details the senior extension program at Northland Secondary areas needing risk mitigation action most urgently, College. including the clearing of the tennis court walking tracks As members may be aware, the government has cut the in Warneet to a width of 3 metres; the maintenance of VCAL program by $12 million, which is the money all walking tracks, including the tennis court walking provided for coordination. These cuts will have a tracks; the clearing of vegetation on the western side of significant impact on Northland Secondary College, Gilgandra Street for a distance of 20 metres from the which has a very strong emphasis on vocational edge of the roadway; the clearing of the vegetation on training. It is my understanding that the VCAL senior the eastern side of Aruma Street for a distance of extension program at Northland requires coordination 20 metres from the edge of the roadway; the clearing of to be successfully undertaken. It is a year 13 program vegetation around the recreation reserve clubhouse by which combines a VCAL program with a certificate IV 10 metres on all sides; the clearing of vegetation on the course. The VCAL senior extension program at the southern side of Balaka Street between Kallara Road Northland Secondary College for the design studies and Culgoa Street by 10 metres from the edge of the course is based on individually tailored courses, which roadway; the clearing of vegetation on the eastern side will produce a portfolio valuable to a student’s progress of Culgoa Street between Rutherford Parade and into university. It is my fear that without appropriate Balaka Street for a distance of 10 metres from the edge coordination this valuable course will cease to be of the roadway; and clearing and fuel reduction burning available to the community that I serve. near the CFA fire station. The area bounded by Iluka Street on the south, Kallara Road on the east, The benefits of the VCAL senior extension program at Rutherford Parade on the west and Warneet Road on Northland are significant. It helps develop a skilled the north should be partially cleared and a fuel workforce, linking the dreams of young people with the reduction burn undertaken. needs of the community for more skilled workers and giving young people real careers where their passions The action I seek will not protect the coastal villages and dreams are channelled into employment through from fire; however, I am assured that full practical education. It does this by providing an implementation of this community-authored fuel important pathway into university for many who would reduction plan will provide the best opportunity for otherwise be less likely to undertake university study. firefighters to protect the towns and people if a fire That is why these cuts are so worrying. It would be should break out. tragic that in a government budget of over $40 billion, There is also a serious problem with vegetation $12 million could not be found for VCAL coordination. overgrowing walking tracks and CFA access tracks as But it is unsurprising, considering the $480 million of well as encroaching on the only existing road in and cuts to education over four years being planned by the out. Community members also raised the need for fuel coalition government. Further, within the VCAL reduction burns along the Cannons Creek foreshore and program itself it is my understanding that only three in Bonnie Watson Reserve. The areas of most concern schools run a VCAL senior extension program. Since

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2880 ASSEMBLY Tuesday, 30 August 2011 the VCAL senior extension program needs intensive Organisers of the forum hope the minister can also coordination, it is threatened with extinction by these provide some details in relation to the future direction cuts. of Ambulance Victoria. As I said, the health minister has already shown a very strong propensity to get out I urge the minister to fund the coordination of the into rural regions and discuss issues around the health VCAL senior extension program at Northland sector, and he is to be applauded for this approach. As I Secondary College. The children of Preston and also stated, the health minister has already visited my Reservoir deserve the opportunities provided by the electorate and had discussions with local health service VCAL senior extension program at Northland providers and constituents within the electorate. I again Secondary College. call on him to visit Gippsland East to take part in the upcoming health forum. East Gippsland: health forum Plumbing industry: compliance certificates Mr BULL (Gippsland East) — I raise a matter for the attention of the Minister for Health in another place. Mr PERERA (Cranbourne) — I wish to raise a The action I seek is for him to visit Bairnsdale in my matter for the attention of the Minister for Planning. electorate of Gippsland East to take part in a health The action I seek is for the minister to start the process forum which has been organised by our local media of amending the Building Act 1993 to provide justice to outlet in the region, East Gippsland Newspapers. This plumbers. has been tentatively scheduled for 20 September, and I have been requested to extend an invitation to the I have met with local plumbers in my electorate who health minister to attend. are seeking an amendment to the current act, especially section 221ZH. I have been advised that under The forum was organised after the community raised a section 221ZH of the act a compliance certificate must number of concerns over recent years with the be given by a licensed plumber within five days of the provision of health services within the wider region of completion of any plumbing work to which this section Gippsland East, including the rural doctor shortage, an applies that he or she has carried out or supervised. issue that has not been confined to my electorate. A Subsection 221ZH(2) of the act states that a licensed number of the issues have been raised in the plumber must: correspondence sections of the local newspapers; hence the newspaper group has seen fit to convene the forum. (a) give the person for whom the work was carried out a It is anticipated that representatives of the local health signed compliance certificate in respect of the work; and services will be invited to attend. The focus of the (b) notify the Commission, in the manner specified by the forum is on allowing an opportunity for the provision of Commission, that the compliance certificate has been local health service delivery to be outlined to the given. general community. This is all well and good. However, many sole traders People in Bairnsdale and district are rightly very proud and small business plumbers are simply attending to of their local hospital and the service it provides, but this as per the act before they are actually being paid for there are aspects of the health system that have the work completed. Unfortunately this is resulting in a concerned some residents. Over the course of the certificate being issued and the plumber simply not election campaign it became quite apparent that the being paid for the work completed, with many provision of health services in rural areas was at the companies taking advantage of these hardworking forefront of the minds of East Gippslanders, and I small business self-employed plumbers under the act. believe this was also an issue right around the state. I expressed the concerns of the represented plumbers The minister visited my electorate earlier this year to directly to the Premier, as per their request, in a formal officially open the new oncology and dialysis facilities letter dated 31 May this year. To date I have yet to at the Bairnsdale regional hospital. The passion with receive a response or even an acknowledgement letter. which our local community supports its health service It has now been nearly three months since my letter has been highlighted by the amazing fundraising and, again, there has not even been an capacity of the Pelicans, a local fundraising group very acknowledgement letter from the Premier or his office. well known in my electorate, which has raised a significant amount of funds for the Bairnsdale Regional I urge the Minister for Planning to commence this Health Service, including the new oncology and process of amending the act introduced into the dialysis unit I referred to. Parliament by the Kennett government so sole traders and small business plumbers get a fair go under the act.

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Parkdale Secondary College: joint-use facility as a joint-use facility for the benefit of the wider community. Ms WREFORD (Mordialloc) — I wish to raise a matter for the Minister for Sport and Recreation. The Buses: route 562 action I seek is for the minister to visit Parkdale Secondary College to discuss plans for a joint-use Ms D’AMBROSIO (Mill Park) — The matter I facility. Parkdale Secondary College is a school on the wish to raise is for the Minister for Public Transport. I go. Under the leadership of its principal, Greg seek the minister’s support to extend bus route 562 so it McMahon, the school is flourishing and looking can deviate into Gordons Road from its current towards a very bright future. Of course it helps that the southbound route along Plenty Road in South Morang. coalition government’s first budget has already The purpose of this requested deviation is to provide delivered $5.5 million for the school. This money was easier and safer public transport access for residents of committed to honour the coalition’s promise to the Arilla Village retirement village situated on complete stage 2 of the college. Gordons Road near the corner of Plenty Road.

One of the important aims of the college is to establish The Arilla Village retirement village is a new a centre for excellence in sport. Its development plans residential precinct in my electorate, and I was pleased include an AFL oval, soccer pitches and an indoor to attend the official opening of the village’s new basketball centre. These additions are required to community centre on 13 August. Judging by the deliver the college’s elite sports program. The program hundreds of visitors to this open day, Arilla will soon being offered in 2012 includes opportunities in be a bustling neighbourhood with a sizeable population, Australian Rules football, soccer for girls, golf and many of whom will depend on public transport to travel triathlon. Coaches include Paul McCormack, a former around the community. At its opening the management AFL player; Sarah Hughes, a triathlete; and the of the village explained its concern for the safety of professional team from Woodlands Golf Club. some of the residents who must wait for a break in the traffic before they are able to cross Plenty Road to take Elements of the program include conditioning, camp the south-travelling 562 bus to visit the local shopping and skills development. It runs from years 7 to 12. The centre, hospital and the like. college articulates well that sporting and academic performance can occur in parallel. The elite sports Because the Minister for Public Transport is also the pathway involves students in four key elements which Minister for Roads, he will be aware that Plenty Road is are, firstly, conditioning; secondly, skill development; a very busy arterial road carrying a great deal of traffic. thirdly, competition; and fourthly, community links. Indeed the previous Labor government recognised the The college wants to make sure it has the facilities to need to upgrade this road with the multistage widening enable its students to excel. Its current sport facilities of Plenty Road beginning with the section from need some work, and the broader community would Centenary Drive, Mill Park, to Gorge Road, South certainly benefit if we can provide the right ones which Morang. The latest stage of the widening is the are accessible beyond school hours. The college is $21.8 million section between Gordons Road and looking to establish new joint-use facilities, and this Riverdale Boulevard. The minister will also be aware would be a real win-win for the community. that the previous Labor government provided many new bus services for the growing neighbourhoods in The school is very heavily integrated into the local and near my electorate. It is vital therefore that the community, and the design of the elite sports program preceding significant and necessary level of investment builds on that. Where possible it uses local networks. in bus services continue under this government, The students will feed back into local clubs; they will although I am somewhat concerned that in the recent use local facilities and local coaches, and the new state budget no additional funds were provided for new facilities will be joint use to strengthen the connections or extended bus services. between the college and the surrounding community. Nevertheless, I hope the minister will consider seriously This is an exciting program from a forward-thinking this request to extend the 562 bus service to residents of school. It is beneficial for the school, for the students Arilla Village. I look forward to his reply so that and for the surrounding community. It integrates hopefully we can deliver some good news to these learning with sports and the community and provides a residents of Mill Park who will soon number in their great pathway to education and leadership. I request hundreds. that the minister come and look at Parkdale Secondary College and the opportunities to use this 7.6-hectare site

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Schools: Prahran electorate minister to visit Prahran to review these options with me. Mr NEWTON-BROWN (Prahran) — My adjournment matter is directed to the Minister for Planning: Ivanhoe structure plan Education. The action I seek is that the minister visit Prahran to review the requirements for a state Mr CARBINES (Ivanhoe) — The matter I raise is secondary school in this electorate. The Baillieu for the attention of the Minister for Planning. The coalition has committed to a $200 000 study into the action I seek is that the minister meet with the Save feasibility of a new secondary school during this term Ivanhoe group and attend a neighbourhood walk of government, and preliminary works are well under through the streets of Ivanhoe. A number of residents way to identify potential sites. have raised concerns about the Ivanhoe structure plan. A draft of the plan was recently released by Banyule The Prahran electorate is unique in that it is the smallest City Council. It would be instructive for the minister to electorate in the state. We have an abundance of private meet with the Save Ivanhoe group not only in his role schools but ours is the only electorate which does not as the Minister for Planning but also in his role as an have a state high school. We have Melbourne High, but upper house member for Northern Metropolitan that by no means operates as a state high school; it is a Region, an electorate that includes the area of Ivanhoe. highly selective school that takes students from around the state. There is a perception that Prahran is well I was fortunate to have the opportunity to attend a serviced, but in fact it is not well serviced by secondary neighbourhood walk with Ivanhoe residents who are schools. There are some great local primary schools in concerned about the draft Ivanhoe structure plan Stonnington, Toorak and South Yarra but when the kids released by the council. We spent 2 hours over the get to year 6 their options are very limited. They can weekend walking around the East Ivanhoe Village travel to Hawthorn, Elwood or Albert Park. Albert Park Shopping Centre, Ivanhoe shops and local residential College has been very successful — I understand its areas to see how this draft plan would affect the heights enrolments are oversubscribed — and Hawthorn and of a range of buildings, which could be as high as eight Elwood are very difficult places for students to get to storeys, and how overshadowing and its effect on by public transport. amenity would affect local residents.

There are various possible sites for a great secondary Prior to that we attended a hastily arranged public school in Prahran . The challenge is that because meeting of 300 local residents of the Ivanhoe Prahran is so heavily built up it does not have the community who voiced their concerns about the greenfield sites that may exist in outer suburban areas consultation process regarding the Ivanhoe structure and emerging suburbs to set aside for a school. plan put in place by Banyule City Council. Their concern is that they are being asked now to make public We have had to think a bit creatively to come up with comments, a process which is being extended for the solutions. A number of the options I have been looking second time by Banyule City Council, on a structure at, which I would like to show the minister when he plan. Quite frankly the draft plan is an ambit claim by comes to Prahran, involve sites where it would be the council. Had there been adequate representation of possible to build schools of different models to what residents on the structure plan consultative committee, people normally expect in high schools. Perhaps a this plan would have never seen the light of day. school could be located in a high-density area. It would ideally be located near public open space, so rather than Residents are being asked to comment on a plan that the land required for school playgrounds being involves height limits of up to eight storeys in their purchased, there could be a shared arrangement residential areas. There is no way known that a draft involving adjoining public parks. This arrangement plan of this nature would have ever seen the light of day works quite well at Toorak Primary School, which had there been adequate representation of local adjoins a park. The students play there at lunchtime and residents on the consultative committee that dealt with the locals use the park for walking their dogs. It seems the structure plan in the first instance. to work quite well. I have written to the mayor of the City of Banyule and Among the potential sites I could show the minister have asked for the draft structure plan to be withdrawn. would be the South Yarra siding, the Windsor siding I have asked for a new residents committee to be and the Cota Street car park. There are also more established, that the committee work with the council to creative options, such as building over rail lines. which develop a draft Ivanhoe structure plan that best has happened in places like Amsterdam. I ask the represents the views and aspirations of the Ivanhoe

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Tuesday, 30 August 2011 ASSEMBLY 2883 people and that that plan be the one that is subject to The other project the member mentioned was $530 000 community consultation. Local residents should not for a roundabout at a Midland Highway intersection. I have to make submissions in haste regarding a draft will follow that matter up. Also mentioned were some Ivanhoe structure plan that does not represent their traffic lights and speed zone work on Geelong Road. starting point or aspirations for the future in our local The member has indicated that a number of these community. These points will be instructive for the projects have been delayed. I am sure the member will Minister for Planning to hear more about. understand that significant flooding earlier this year set the VicRoads works program back somewhat. The I commend the Save Ivanhoe group, which has got our onset of winter weather has caused a delay in the rollout community members working hard together. I of some of the projects, but I will certainly follow that encourage the Minister for Planning to meet with them up. and tour the Ivanhoe electorate. The Parliamentary Secretary for Transport has paid a Responses number of visits to the Ballarat area in recent times. One of those included discussions about the $38 million Mr MULDER (Minister for Public Transport) — Ballarat western link road project — another The member for Ballarat East raised an issue with me commitment made by the coalition government to the in relation to a number of road projects in his electorate. Ballarat community. I say to the member for Ballarat He claimed that the projects were fully budgeted or East that when he looks at the commitments of the simply announced — I am not sure whether they were coalition government, he will see $38 million for the announcements or fully budgeted commitments — and link road project and $4.5 million for the committed to by the former Labor government. One of Ballarat-Buninyong Road project. I will follow up those those projects involved $2 million to upgrade minor projects that were committed to by the former Whitehorse Road and Geelong Road in Mount Clear. Labor government to see where they are and check The member indicated to me that the last time that road their status before I get back to the member. I thank him section was upgraded was in 2000. I would imagine it for raising that issue with me. was a project of the former Kennett government if the works were carried out in 2000. The member has now The member for Mill Park raised an issue with me in indicated to me that more works are needed. relation to bus route 562 to Gordons Road and the fact that the residents of Arilla Village, which is a new The member also indicated that he followed up these residential precinct, would like to have that bus particular projects last September and November. That re-routed so that it services their facility. The member would have been done with the former Minister for indicated that it is a bus-linked neighbourhood and that Roads and Ports, a Labor minister for roads, and the operators of the village have concerns about the nothing was done. I will follow up on this particular safety of the residents in that particular area in that they project for the member. have to cross Plenty Road. I understand Plenty Road is a busy road, that there has been a large amount of work The member also raised with me an issue in relation to done on upgrades to it and that that will continue to be Ballarat-Buninyong Road in terms of $600 000 from carried out. The member has indicated that there were the safer roads infrastructure program that had been no funds available for bus services in the last budget put allocated for upgrades and line marking. As the forward by the coalition government. member would be well aware, that project has been well and truly trumped by the coalition government, Firstly, I will follow up this issue to see if I can resolve which has committed $4.5 million to the upgrade of it for the member. The member will also be aware that Ballarat-Buninyong Road — — the major problem the coalition faced when it came to power was in relation to the problems the former An honourable member interjected. government had with heavy rail. Now $225 million a Mr MULDER — Not $600 000, but a $4.5 million year is going into maintenance and asset renewal of the upgrade. A significant amount of planning work has metropolitan rail network. The government has been undertaken for that particular project which we are committed to 40 new trains, of which 7 have already committed to delivering. I have viewed that road been ordered. Recently I was at the mock-up of the firsthand; it is a very dangerous section of road. I will 50 new trams that will also start to be rolled out from find out whether that $600 000 is additional or whether the end of 2012. We will get to the issue of the buses it has been picked up by the particular project that has and additional bus routes, but we had to put our money been announced by the new coalition government. where the Victorian public wanted us to put it — into heavy rail. We will also establish a public transport

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2884 ASSEMBLY Tuesday, 30 August 2011 development authority that will be better able to deal I thank the member for Mordialloc for this invitation with the coordination of train, tram and bus services and for raising this matter with me tonight. I would be and will make sure we have a one-stop shop for issues pleased to visit her electorate to see firsthand the great such as the one raised by the member for Mill Park in work of the Parkdale Secondary College elite sports relation to a bus service on Gordons Road. program and to meet with the principal, Greg McMahon. She tells me he is a sporting fanatic. I would Mr DELAHUNTY (Minister for Sport and like him and others to outline the program and the Recreation) — I thank the member for Mordialloc and opportunities for the future. I accept that invitation. acknowledge her hard work for the people of her electorate, particularly the sporting clubs and the wider Mr DIXON (Minister for Education) — The community groups she represents here today. She member for Preston raised with me issues regarding the spoke about the Parkdale Secondary College elite sports Victorian certificate of applied learning (VCAL) program, which, I am informed, is one of a kind in funding at Northland Secondary College. I am well Victoria, with the range of activities being offered aware of the college; it does a great job and including football, soccer, golf and even triathlon. The complements the other educational facilities in the area. member highlighted that skills development and I would say to him what I and the Premier said during conditioning are the key elements of this program, question time today: we are not making cuts to VCAL; which runs for students studying in years 7 to 12. I it will still be operating in our schools. There will be no understand that the college is dedicated to ensuring that cuts to the funding for the program, and schools will sporting performance and academic performance go still be delivering that program. The only difference hand in hand. I could not agree with her more. will be in its coordination. As I said, the program has reached a level of maturity where its coordination It is interesting to note that we took to the election the aspect is no longer necessary. In fact other agencies promise that we would maintain sport in schools already work with schools and some of our VCAL programs. Labor had tried to remove physical education providers, because VCAL is provided not only in as a core discipline in schools. We are keen to work government schools but also in Catholic schools, TAFE with schools to give them more opportunity to institutions and some adult education facilities. Other participate in sport and recreation. As the member for agencies can do a lot of the work coordinators used to Mordialloc has highlighted, the partnerships between do. schools, local government and local sport and recreation groups is paramount in achieving the best The Premier and I compared VCAL to both the outcomes. We want to see partnerships with the vocational education and training and Victorian community in the use of not only community facilities certificate of education programs, under which the staff but also school facilities. I congratulate the member for take on the responsibility of coordinating those Mordialloc. She took to the election campaign a programs. VCAL is now at that stage, and the number promise that we would deliver $5.5 million if elected. of government schools offering it has levelled out to Not only was she elected but the government was also about 70 per cent. The number is not increasing; some elected. The Minister for Education is sitting behind schools might move in and some might move out. We me. We have delivered in the budget $5.5 million for are more than happy to work with schools that have the Parkdale Secondary College. particular issues regarding the changes to the funding and will certainly be supporting those schools in that As we know, Victorians value highly sporting regard, including Northland Secondary College. The achievement and the opportunity to participate in a school has only to raise the matter with us and we will variety of sporting activities. Sport builds strong and follow it up. healthy communities. It is therefore a priority of the Victorian coalition government to increase the number The member for Prahran has requested that I come to of opportunities for all Victorians to participate in sport his electorate to talk to members of his community and and recreation. We want to encourage physical activity, look at some sites. An issue he raised with me before he which also helps address the lifestyle-related conditions was elected and one that has been well and truly in the and diseases that Victorians are developing, including news is the need for the further provision of obesity and type 2 diabetes. Importantly, physical government secondary college education, and Prahran education is a great way of getting people more active. is one area where there is that need. There is also a need We want to encourage physical activity to address in areas of the inner suburbs of Richmond, Coburg and lifestyle-related diseases and that is why increasing Yarraville, and there is a need for primary school participation in sport is a key theme of the Victorian education in the area between North Melbourne and coalition government.

ADJOURNMENT

Tuesday, 30 August 2011 ASSEMBLY 2885

South Melbourne. We are working on a number of swore he had never been bogged in his life, found this fronts with some community groups. one patch of water and actually got bogged. We had to get someone to pull us out. He assures me that since Our department is looking at the whole issue. It is no then he has bought a snatch strap to put in his boot, so if good just looking at needs in isolation; we are looking we ever have that issue again when we visit Dartmouth, at the overall provision in the inner suburbs. There have he will be right to be pulled out. been great population changes in a lot of the inner suburbs, and we are committed to giving parents a With my Minister for Water hat on I will be working choice of education by offering them diversity. That with the member for Benambra and Goulburn-Murray choice is not between government and non-government Water, and with my Minister for Agriculture and Food schools; that choice is about a range of schools that can Security hat on and my recreational fishing fulfil the needs of students and parents. School values, responsibilities I will be working with the member for the curriculum, the size of the school and where the Benambra to make sure we honour that commitment to school is located are all important considerations that get recreational fishers back fishing at the Dartmouth parents take into account. pondage.

We firmly believe in the need for diversity, and that is Mr R. SMITH (Minister for Environment and why we want to build up our government school Climate Change) — The member for Hastings asked system — so that there are choice and diversity in the me to ensure that the fuel reduction plan for coastal system. We are looking at a range of needs for villages was fully implemented. I can tell the member government school education, especially in inner that I will check the status of that particular plan with suburban areas. We will be making a number of my department and get back to him to make sure that announcements as we complete the various studies that he can convey to members of his community that they we have undertaken. We are certainly listening to the will be reasonably safe coming into the fire season. member for Prahran and have allocated money for a study in his area. I look forward to being on the ground The member for Gippsland East raised a matter for the with him to look at sites and to talk to community Minister for Health asking him to take part in a health groups about their need for government secondary forum in Bairnsdale, and I will make sure the Minister education. for Health receives that request.

Mr WALSH (Minister for Agriculture and Food The members for Cranbourne and Ivanhoe raised Security) — I rise to respond to the adjournment matter matters for the Minister for Planning. I will ensure that raised by the member for Benambra about access to those matters are passed on. Dartmouth pondage for recreational fishing. The member for Benambra is a great supporter of The DEPUTY SPEAKER — Order! The house is recreational fishing in his electorate and, as I said, now adjourned until tomorrow. wants to see recreational fishermen have access to the House adjourned 11.04 p.m. Dartmouth pondage.

During the election campaign we made a commitment of $130 000 to that particular infrastructure so that recreational fishers would have access to Dartmouth pondage, and we will be honouring that commitment. I had the pleasure of visiting that area for the 30th anniversary of the building of the Dartmouth Dam with the member for Benambra when we were in opposition. The then Minister for Water refused an invitation to go to that 30-year celebration, but as the shadow minister I had the pleasure of going along and saying a few words about what a great project the Dartmouth Dam was and how water would be provided for Victoria into the future.

The only downside to that particular day was that there was one little boggy patch of water in the car park at the boat ramp and that the member for Benambra, who

2886 ASSEMBLY

BUSINESS OF THE HOUSE

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Wednesday, 31 August 2011 10 000 children and adults from sites at Geelong Road and Paisley Street, Footscray;

The SPEAKER (Hon. Ken Smith) took the chair at 2. these services are the major dental facility for some of 9.33 a.m. and read the prayer. the most disadvantaged residents of the west, who have poor oral health compared to the state average and are otherwise unable to access dental care; BUSINESS OF THE HOUSE 3. we are disappointed with the lack of commitment in the Victorian state budget 2011–12 to redevelop these Notices of motion: removal ageing facilities in line with the recommendations of several reports; and The SPEAKER — Order! Notices of motion 1 to 11 will be removed from the notice paper unless 4. we are concerned that these vital services now face a members wishing their notices to remain advise the critical threat of closure. Clerk in writing before 6.00 p.m. today. The petitioners therefore request that the Legislative Assembly of Victoria: PETITIONS 1. take all necessary steps to ensure the safety, quality and future viability of the services, including a commitment to the provision of urgently needed capital upgrades for Following petitions presented to house: a new facility.

Electricity: smart meters By Ms THOMSON (Footscray) (2262 signatures). To the Legislative Assembly of Victoria: Bass Highway–Hade Avenue, Bass: safety The petition of the residents of Victoria draws to the attention of the house the infringement on our right to live freely and To the Legislative Assembly: securely and to choose what we are subjected to in our homes and businesses by the continued compulsory installation of Petition to the Honourable Ken Smith, Speaker of the smart meters (AMI) without an ‘opt-out’ provision for Legislative Assembly and member for the electorate of Bass: customers or full disclosure of future costs and possible health and environmental risks that smart meters may impose. As a local resident of Bass Coast, Bass or a visitor to Bass Coast, I am appalled by the dangerous state of the intersection The petitioners therefore request that the Legislative of the Bass Highway and Hade Avenue at the entrance to the Assembly of Victoria immediately: township of Bass.

1. issue a halt to the mandated installation of smart meters The intersection is unsafe and represents an unacceptable risk (AMI); to members of the local community, road users and visitors to the community. To avoid further tragedies we demand that 2. direct all power companies to offer a permanent the Victorian government fulfil its responsibilities and ‘opt-out’ for all customers; complete the intersection in 2011 before the peak period summer traffic. 3. require letters to be sent to all customers informing them that radiofrequency radiation (RF) is classified by the By Mr HODGETT (Kilsyth) (540 signatures). World Health Organisation as a 2B carcinogen, and smart meters emit RF; Schools: Coburg

4. make provisions to customers who have had smart To the Legislative Assembly of Victoria: meters installed and would like them removed, to reinstall dial or non-wireless interval meters at the option The petition of the residents of Coburg and surrounding of the customer and at no cost. suburbs in Victoria draws to the attention of the house the need to provide a high school in Coburg to cater for all By Ms EDWARDS (Bendigo West) secondary students including year 7 to year 9. (934 signatures) and The petitioners therefore request that the Legislative Mr HODGETT (Kilsyth) (438 signatures). Assembly of Victoria: Western Region Health Centre: dental service acknowledge the findings of the August 2010 spatial funding vision report for the Department of Education and Early Childhood Development, Secondary School Provision Plan for the Coburg Schools Network — Demographic To the Legislative Assembly of Victoria: Analyses, which determined that the projected This petition of residents of Victoria draws to the attention of population data supported the need to provide places for the house that: year 7 to year 9 students residing in and around Coburg and the urgent need to commence the process for a 1. the Western Regional Health Centre provides annual year 7 intake; emergency and general dental care to over

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2888 ASSEMBLY Wednesday, 31 August 2011

call on the government to honour the previous Minister people who need to commute for work or study for Education’s commitment to the residents of Coburg purposes; and surrounding suburbs to establish a Coburg education implementation task force (CEIT) to examine all options 3. the cancellation is causing great distress to local to meet Coburg’s education needs; residents, who use this bus service to access employment, shopping, health and educational services; call on the government to honour the previous Minister for Education’s commitment to the residents of Coburg 4. the cancellation of this service shows a callous disregard and surrounding suburbs to comprise the CEIT of for bushfire survivors, many who are still doing it tough representatives from local school principals and financially including some who are still yet to complete councillors, Moreland council, senior representation the rebuilding of their homes. from the Department of Education and Early Childhood Development, local members of Parliament and The petitioners therefore request that the Legislative members of the broader community; and Assembly of Victoria urge the Baillieu government to work with the Kinglake community to reinstate this important call on the government to immediately announce the service. date of the first meeting of the CEIT committee, the time frame for nominations to the committee and the date the By Ms GREEN (Yan Yean) (240 signatures). committee will report their recommendations. Whittlesea-Yea Road: safety By Ms CAMPBELL (Pascoe Vale) (100 signatures). To the Legislative Assembly of Victoria: Bacchus Marsh: Avenue of Honour The petition of certain citizens of the state of Victoria calls on To the Legislative Assembly of Victoria: the state government to improve the safety conditions on the Whittlesea-Yea Road. The petition of residents of Victoria and elsewhere draws to the attention of the house that the famous Bacchus Marsh In particular we note: Avenue of Honour, commemorating soldiers from the district who served and died in World War 1, being registered on the 1. that this petition is in tribute and loving memory of Jake Victorian heritage register as having historical, cultural, Fenech, who died on 30 April 2011 after running off the scientific and aesthetic significance to the state of Victoria, is Whittlesea-Yea Road between Kinglake and Whittlesea; in the opinion of the executive director of Heritage Victoria, in the opinion of the National Trust of Australia (Victoria) 2. it is also for the three young lives that have been lost on and in the opinion of the undersigned in danger of having its the same stretch of road in the months that have heritage significance substantially and permanently adversely followed Jake’s death and the many additional fatalities affected by the plans of VicRoads to create a new and injuries that have occurred over the years on heavy-vehicle arterial road through the avenue at the Whittlesea-Yea Road; intersection of Woolpack Road, with the removal of magnificent 90-year-old elm trees planted by the families of 3. a reduction in the speed limit would be a necessary first soldiers who were killed in action in France, and the intrusion step; however, it will not eliminate vehicles running off of a roundabout and associated roadworks, signs and lights. the road on the dangerous curves that wind their way up and down the mountain from Whittlesea to Kinglake. The petitioners therefore request that the Legislative Assembly of Victoria pass a motion condemning the The petitioners therefore request the Legislative Assembly of proposed road works. Victoria urges the state government to address this situation and immediately take action to prevent more loss of life and By Mr KATOS (South Barwon) (970 signatures). heartache. This includes sensible road barriers being built to dramatically decrease vehicles coming off the road. We insist Buses: Kinglake service that this be addressed with the utmost of urgency as four young people have already lost their lives between April and To the Legislative Assembly of Victoria: July 2011.

The petition of certain citizens of the state of Victoria, calls on By Ms GREEN (Yan Yean) (1374 signatures). the Baillieu government to reinstate the important Whittlesea–Kinglake shuttle bus, which was removed without Planning: Attwood green wedge warning and consultation with commuters. To the Legislative Assembly of Victoria: In particular, we note: This petition of residents draws to the attention of the 1. the shuttle bus was originally funded to enable bushfire Minister for Planning, the Honourable Matthew Guy, the survivors in the Kinglake area to access services in outrageous review which is considering including the Whittlesea, Greensborough and beyond; Attwood farming land in the urban growth boundary.

2. the only bus service remaining for Kinglake residents to This land is currently zoned as farming land and should Whittlesea is the single 562 service at 7.05 a.m. with a remain as farming land. return at 4.47 p.m. meaning that it is almost of no use to

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The petitioners therefore request that the Legislative Victorian Multicultural Commission — Report 2010–11. Assembly of Victoria through the Minister for Planning immediately withdraw any proposals to include the Attwood farming land as a logical inclusion to the urban growth MEMBERS STATEMENTS boundary. By Ms BEATTIE (Yuroke) (356 signatures). Wantirna College: principal for a day

Tabled. Mrs VICTORIA (Bayswater) — Last week I had the great pleasure of attending Wantirna College, where Ordered that petition presented by honourable they let me be principal for a day. The program fosters member for Pascoe Vale be considered next day on relationships between schools and local community motion of Ms CAMPBELL (Pascoe Vale). leaders so they can see exactly what goes on in our schools. I had great fun conducting a photography class Ordered that petition presented by honourable and talking to the year 7 students about community member for Bendigo West be considered next day service and my somewhat unconventional path to on motion of Ms EDWARDS (Bendigo West). Parliament. The fabulous Wantirna students displayed a genuine thirst for knowledge, which I know stems from Ordered that petitions presented by honourable the enthusiasm of the real principal, Sue Bell, and her member for Yan Yean be considered next day on staff. It was an enlightening and rewarding experience. motion of Ms GREEN (Yan Yean). Victorian certificate of applied learning: Ordered that petitions presented by honourable funding member for Kilsyth be considered next day on motion of Mr HODGETT (Kilsyth). Mrs VICTORIA — The Labor opposition is wrong again. It is inciting fear among Victorian students and Ordered that petition presented by honourable parents with reckless claims relating to the future of member for Footscray be considered next day on VCAL (Victorian certificate of applied learning). The motion of Mr NOONAN (Williamstown). fact is that VCAL program funding has been Ordered that petition presented by honourable maintained in 2012 and will be expanded. The second member for South Barwon be considered next day fact is the state opposition is so irrelevant that it has to on motion of Mr KATOS (South Barwon). create stories just to get heard.

Ordered that petition presented by honourable Australian World Orchestra member for Yuroke be considered next day on Mrs VICTORIA — Once in a long while an event motion of Ms GREEN (Yan Yean). takes place that just leaves the audience breathless. With tingling spines the audience watching the DOCUMENTS Australian World Orchestra (AWO) gave standing ovation after standing ovation. Accolades need to be Tabled by Clerk: shared between the nearly 100 orchestra members who flew in from around the world to make this happen, Auditor-General — Road Safety Camera Program — conductors Simone Young, Brett Dean and Alexander Ordered to be printed Briger, and all those who had a dream several years ago Ombudsman — Report 2010–11 Part 1 — Ordered to be and who had the tenacity and belief to turn that dream printed into a reality. Victorians will be thrilled to hear that we will have the AWO right here in Victoria in 2013, with Statutory Rules under the following Acts: some extraordinary talent already promising to deliver Conservation, Forests and Lands Act 1987 — SR 86 another mind-blowing program. Drugs, Poisons and Controlled Substances Act 1981 — Australian Ballet: program SR 88

Electrical Safety Act 1998 — SR 85 Mrs VICTORIA — Congratulations to David McAllister for delivering a fantastic program for the Tobacco Act 1987 — SR 87 Australian Ballet for 2012. Subordinate Legislation Act 1994 — Documents under s 15 in relation to Statutory Rules 85, 87

MEMBERS STATEMENTS

2890 ASSEMBLY Wednesday, 31 August 2011

Children: Take a Break program officer for a number of years for my former colleague and the then member for Monbulk, Steve McArthur. Mr BROOKS (Bundoora) — This Sunday is Elisa then met Graeme and went on to become a Father’s Day, and dads around Victoria will be looking wonderful, loving wife and mum. forward to getting the obligatory new pair of socks and possibly breakfast in bed from their kids. Fathers play Following the birth of her younger child Elisa kindly an important role in bringing up healthy, happy children accepted an offer to return to my office part time for and the week leading up to Father’s Day is also a great some four years. Elisa was a highly valued and opportunity for schools, preschools and child-care much-loved member and friend of my close-knit staff, a centres to celebrate Father’s Day, with many organising wonderfully kind, gentle and intelligent young woman early morning Father’s Day breakfasts where before who always wanted to help others but asked for little in heading off to work dads come along to the school or return. Even when she became ill Elisa was still there preschool to share some breakfast with their kids and wanting to help others where she could. I remember other dads and take some important time to see where very fondly Elisa, Graeme, Lachlan and Annie joining their children learn and to view their work. my family, friends and staff for a barbecue at our place Unfortunately I am advised that it is likely there will be on grand final day over the past few years. We all had no Father’s Day celebration at Watsonia Occasional such a great time together. Child Care Centre in my electorate next year because it is one of the many initiatives that has had to be cut Now Elisa is in a better place, and it is up to her large because of the shameful funding cuts by government. family of friends and extended family to provide the support to Graeme and the kids. In particular, we all I hope members of the government enjoy Father’s Day must ensure that Lachlan and Annie know what a this year, and in particular I hope they take just a wonderful and kind mum they had and how very much moment to reflect on the impact that their cuts to the she loved them. Take a Break occasional child-care program are having and will continue to have on families like those in my I extend on my own behalf and on behalf of my family, electorate who use the Watsonia Occasional Child Care my staff and Elisa’s many friends our deepest Centre. condolences and sympathy to Graeme, Lachlan and Anastasia, and to her parents, Ron and Larraine, and I want to thank the Leader of the Opposition and the her brothers on their very sad loss. shadow minister for coming out to Watsonia last week to talk to the people who run this centre and for their Planning: Ivanhoe structure plan interest in this matter. I would love the Minister for Children and Early Childhood Development or the Mr CARBINES (Ivanhoe) — I condemn the Premier to come out to Watsonia and have the guts to Banyule City Council’s Ivanhoe structure plan. Our talk to the people who run this great service and to see council has issued a plan that details future commercial the negative impact the Baillieu government’s cuts will and residential development in Ivanhoe, including have on this local community. building heights of up to eight storeys on Upper Heidelberg Road and in surrounding residential areas. I Elisa Sharp have asked Banyule City Council to do the following: scrap the current Ivanhoe structure plan and establish a Mr WELLS (Treasurer) — This statement is made residents committee to work with council on a new in celebration of the life of Elisa Sharp. Sadly, Elisa draft plan, then put this new draft out for public passed away last Saturday at the far too young age of comment. After an outcry from residents, the deadline only 37 after fighting a long and hard battle with for public comment was extended to 5 September. Last cancer. Elisa was the much-loved wife of Graeme and week, along with more than 300 local residents, I mother of two young children, Lachlan, who is seven attended a hastily arranged public meeting where years old, and Annie, who is five. concerns were aired about the poor consultation process and the content of council’s plan. I first met Elisa in 1992, before I entered Parliament, when she was a student. At that time I believed Elisa For over 2 hours last Saturday I went on a was one day destined to become a hardworking and neighbourhood walk through Ivanhoe with dozens and enthusiastic young member of Parliament. In 1993 dozens of residents to hear firsthand accounts of Elisa first commenced working for me as a volunteer people’s anxiety and alarm about overshadowing and and then as an electorate officer whilst still a university loss of amenity under this plan. Meanwhile our student. Elisa later became a highly valued electorate community has set up the Save Ivanhoe group.

MEMBERS STATEMENTS

Wednesday, 31 August 2011 ASSEMBLY 2891

Residents are working hard to complete their wish her well — but not too well! — when she goes to submissions by the council deadline. The Ivanhoe work for the New South Wales government!. structure plan might be appropriate for New York or Hong Kong, but it is not for Ivanhoe. Buses: Kinglake service

Why should residents have to fight to wind back height Ms GREEN (Yan Yean) — I congratulate the limits and overdevelopment in a council plan that thousands of residents of Whittlesea, Humevale, would never have seen the light of day if residents had Kinglake West, Pheasant Creek and Kinglake, who been consulted from the start? Many more local have had their voices heard in support of the return of residents should have been involved in the development the bus service between the Kinglake Ranges and of the draft Ivanhoe structure plan to ensure that the Whittlesea. The shuttle bus service had been cruelly document better reflected the needs and aspirations of ripped out of the Kinglake Ranges without warning and the community. I urge local residents to be vigilant and without care for this bushfire-affected community, to get involved, because the future of Ivanhoe is at which is still doing it tough. For two years people on stake. the mountain had been using the service to travel to work, university and medical appointments; they still An article in today’s Age states: need support following the dreadful events of Black Saturday. Residents of Ivanhoe … have turned unlikely protesters against a council proposal to allow 2 kilometres of office and Some 40 students were affected by the removal of the apartment buildings up to eight storeys high. bus service. I hope that over the two months that they Locals feel that the Banyule City Council’s upscaling have been left bereft on the mountain without transport of dozens of low-rise properties to high-rise properties they have not had to withdraw from their studies or is not acceptable. We will keep fighting. relocate to Melbourne. I am sure their parents will be relieved that this heartless government has finally been Major events: government initiatives dragged kicking and screaming to introduce a trial of a bus service. Let the government be on notice that the Ms ASHER (Minister for Tourism and Major community will be vigilant. The government should not Events) — The coalition government is committed to think it can get away with a pathetic partial supporting the Victorian business events industry. The reintroduction or trial of the service. Members of the industry is worth more than $1.2 billion and generates community will not stay silent, and I will stand up for over 22 000 jobs for the state of Victoria. I am sure the them. house will be interested to know that over the past nine months the coalition government has secured the Children: Take a Break program following conferences: the 23rd World Cancer Congress in 2014, which we hope will attract 2000 Ms GREEN — The removal of a bus service is not delegates; the Amway India incentive event for the only thing the government has done to this Melbourne 2012, a huge event which we hope will bushfire-affected community, which is still struggling attract 4000 delegates; and the World Congress of with inadequate support. The withdrawal of funding for Cardiology 2014, which it is estimated will attract Take a Break child-care services in Panton Hill has had 9000 delegates. a disproportionate impact on bushfire-affected families. The government needs to start listening. The member Today I am pleased to announce a further three wins for for Seymour would see more if she spent some time in Victoria. The inaugural Prostate Cancer World her electorate! Congress will be held in 2013, hopefully bringing 1000 delegates and generating $3 million for the state Wimmera: branding campaign economy. The International Joint Conference on Artificial Intelligence will be held in 2017, bringing Mr DELAHUNTY (Minister for Sport and 1000 delegates to and generating $7 million for the Recreation) — Last week I had the honour of state. The XXVII Congress of the International Society representing the Deputy Premier at the launch of the on Thrombosis and Haemostasis Congress with the new Wimmera brand, ‘The Wimmera — Everything 65th Annual Scientific and Standardisation Committee you need’. The government has provided $70 000 Meeting will be held in 2019. towards two projects: firstly, $40 000 for an innovative branding initiative to promote the Wimmera region and I commend Sandra Chipchase on the work she has done local businesses; and secondly, $30 000 to assist with for this government and the previous government and the Wimmera Southern Mallee regional strategic plan.

MEMBERS STATEMENTS

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The Wimmera branding project will develop students it is the only real form of education that keeps opportunities for investors within and outside the them from giving up on their studies and dropping out Wimmera region and is supported by the Wimmera of school. That is why the VCAL program and the role Development Association, which is the peak economic of VCAL coordinators remain so important to many development organisation in the region. The Wimmera students and schools in Melbourne’s west. This Southern Mallee regional strategic plan outlines the includes Bayside College in the Williamstown desired future development of the region and sets goals electorate, which currently has 70 VCAL students and for action in the key areas of economic growth, which stands to lose more than $60 000 annually to infrastructure, education, wellbeing, land-use planning, fund its coordinator. Rather than finding new ways to water and natural resources. cut funding for public education, this government should speak to schools such as Bayside College and The Wimmera is one of Victoria’s best kept investment understand more clearly the consequences of its secrets. By ‘investment’ I mean investment in such decisions. things as education, agriculture, mining, retailing, tourism and importantly a great lifestyle. I was very Science Week proud to launch the Wimmera brand. Along with Wimmera Development Association chair and Mr DIXON (Minister for Education) — This Hindmarsh councillor Rob Gersch, I am proud to have government has already done a lot of work in the area been named a champion of the brand. of science education and science promotion. It was a pleasure to open Science Week at the Royal Children’s As a Wimmera boy I am proud to wear the brand ‘The Hospital where 30 patients learnt how connected Wimmera — Everything you need’, and I am wearing science is with everyday life, with the highlight being it on my shirt today. As a Wimmera boy I am proud to making ice-cream with dry ice. It is always a pleasure say we are doing great work. I will show it on my shirt to work with the children and wonderful teachers at the again. It says, ‘The Wimmera — Everything you need’. Royal Children’s Hospital’s teaching unit. Agricultural research is going on. We have the opening of the Wimmera aerodrome, and importantly, we have Science: Bio 21 specialist school a quality water supply from the Wimmera–Mallee pipeline. Mr DIXON — On Monday I announced the finalisation of funding and contracts for the Bio-21 The SPEAKER — Order! The member’s time has science specialist school, which will be a partnership run out, and free ads are not permitted. between University High School, Debney Park Secondary College and Melbourne University. It will Victorian certificate of applied learning: cater for 200 VCE students who excel in science. Staff funding and students from Melbourne University will also work with the students. Mr NOONAN (Williamstown) — It is hard to understand where education ranks as a priority for the Planetarium: ministerial visit Baillieu government. Other than increasing languages education in schools, there is not much to point to as a Mr DIXON — I also joined families at the policy agenda. Having reneged on its pre-election planetarium last week to explore the concept of black commitment to make our teachers the best paid in the holes. I was able to enlighten them about the black country, the government used its first budget to slash holes left in Victoria’s budget by the Labor Party. more than $480 million in funding from our schools. The ripple effect of these cuts is now starting to be felt Rosebud: aquatic centre with confirmation that the government has slashed Mr DIXON — On another matter, the southern $12 million a year for VCAL (Victorian certificate of peninsula community was excited and relieved that the applied learning) coordinators in schools. This decision impasse between the Department of Sustainability and has been made without any consultation with schools Environment and the Mornington Peninsula shire over and, worse still, without advanced notice. For a whole the proposed aquatic centre for Rosebud has been range of reasons not every child goes on to complete a addressed. The Minister for Environment and Climate Victorian certificate of education, so it is crucial we Change broke this impasse by calling on the shire to give students alternative pathways such as VCAL. complete and submit the Rosebud foreshore master plan, which incorporates a site for an aquatic centre. If But VCAL is more than just an alternative pathway for the minister signs off on this plan, the shire can then students. For many disadvantaged and disengaged develop more detailed drawings and submit them to the

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Wednesday, 31 August 2011 ASSEMBLY 2893 usual planning processes. There is overwhelming exceptional work being done there. The Wangaratta community support for an aquatic centre on the men’s shed is a place where men can come together to Rosebud foreshore, and I congratulate the minister on experience a variety of programs to suit a range of taking this very important step forward. men’s interests, including woodworking, information on men’s health and assembling and restoring old Todd Blake pushbikes. Mr PANDAZOPOULOS (Dandenong) — I want Daffodil Day to pass on my thanks and my condolences to the family of Todd Blake, who passed away suddenly while on Mr McCURDY — Cancer Council Victoria’s holiday with his family in Fiji last week. Todd was the Wangaratta volunteer unit had a massive response to CEO of the Victorian Tourism Industry Council and Daffodil Day on Friday, raising almost $2000 from its general manager, tourism and events, at the Victorian stall in Reid Street and its stall at the post office, which Employers Chamber of Commerce and Industry was manned by Eileen Dining, Barbara Thomas and (VECCI). He was a fantastic, young and Michelle Parker. Mrs Thomas said the stall sold out of up-and-coming person in the tourism industry. Prior to all its items, and she was very grateful for the public working in tourism he had been the CEO of the support. Children from the James Tilson Kindergarten Restaurant and Catering Association where he brought should be commended for their daffodil window restaurateurs closer to the tourism industry and the great display, which was on show on Murphy Street. food and wine reputation we have in this state. Max Bussell Working at VECCI he brought together a number of the various tourism industry groups under the one banner Mr McCURDY — Vale Max Bussell of of the Victorian Tourism Industry Council and under Wangaratta, who passed away last week. Max was a the wing of VECCI. Todd would have been one of our former Wangaratta Magpies dual premiership player great future tourism leaders, running either Tourism and Wangaratta Golf Club captain, but it was his Victoria or Tourism Australia at some time in the cricketing prowess that brought unprecedented future. He will be very sadly missed by the tourism individual praise. Many consider him to have been the industry. This is a loss of potential for the future of this city’s greatest home-grown all-rounder to play the wonderful tourism industry in Victoria and in Australia. game. He was the first manager of the H. P. Barr Todd will be very sadly missed. Everyone around him, Reserve from 1974 to 1990. I offer my condolences to everyone in the industry, is very saddened by the Max’s family. sudden and unexpected loss of Todd, and we pay our respects to his great work over such a short period as a Planning: St Kilda development young man under 40 years of age. We also pay our respects to his wife and children. Mr FOLEY (Albert Park) — I rise to condemn the decision of the Minister for Planning to call in and Cycling: Scody Cup approve the 26-storey development of more than 270 unit residences on the borders of the district of Mr McCURDY (Murray Valley) — On Sunday I Albert Park and Prahran, at 3–5 St Kilda Road, was pleased to see the Scody Cup series begin its St Kilda, which backs onto Barkly Street, St Kilda. This Murray River race at Yarrawonga. This eight-day tour decision ripped off from the local government the of approximately 847 kilometres travels through ability to determine the application for the Yarrawonga, Cobram and Numurkah and ends up in development. It points to the hypocrisy of the Mildura. The Scody Cup, founded in 1996 by Caribou, government in promising one thing before the election is Australia’s premier domestic road cycling series. A on local government decisions and then breaking that great crowd witnessed a tight finish in Cobram on promise soon afterwards. I point to no greater authority Sunday afternoon after the tour had travelled through on that issue than the honourable member for Prahran. the Telford and Tungamah rural communities. The The honourable member pointed to the importance of Scody Cup is vitally important as a breeding ground for this issue in this house on 2 March when he said that future Australian competitors at major events like the planning policies were being used as: world championships, the Olympics and the Tour de France. … cover for five high-rise proposals of up to 26 storeys in that area. These developments will add 484 dwellings to the area, and the group — Wangaratta: men’s shed that is the Junction Area Action Group — Mr McCURDY — Last Wednesday I was invited to the Wangaratta men’s shed to witness firsthand the has been working closely with the local council in creating a planning scheme amendment to take control of the situation.

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No sooner did the member for Prahran make that return to their home country but continue to build links decision than the Minister for Planning called in the with Victoria. Studying a language that is not your application. No sooner does that planning decision get mother tongue in another country is a difficult and called in than the developer gets more than he wants. I onerous task, and often there is not enough empathy for want to know: how ineffective is the member for the struggle undertaken by these individuals as they Prahran in this process? make their way through the world. Sandringham electorate: lifesaving clubs Persons who can pass an IELTS (international English language testing system) test to complete a degree here Mr THOMPSON (Sandringham) — This morning have often undertaken a very good preparation for life I wish to pay tribute to the work of lifesaving clubs in in Australia; they make a significant contribution to our Victoria and in particular lifesaving clubs in the community. Passing an IELTS test is difficult and Sandringham electorate, which include the Mentone requires clarity of thought and a good use of language. Life Saving Club, the Black Rock Life Saving Club, the However, I would also advise international students not Half Moon Bay Life Saving Club, the Sandringham to follow the example of the current government. Life Saving Club, the Beaumaris Life Saving Club and George Orwell would be proud of the newspeak of the the Hampton Life Saving Club. Over the last 100 years government when the cut to the Victorian certificate of or more lifesaving clubs have performed an invaluable applied learning program, which is a reduction in the service in promoting water safety and reducing the funds used to deliver the service, was described as not incidence of death by drowning. In the late 1990s there being a cut in funding. This is the sort of ‘Oceania was were 69 deaths by drowning in Victorian coastal waters always at war with Eurasia’ logic which, sadly, is the and inland waterways. The safety programs inculcated guiding principle for this government. and encouraged by Life Saving Victoria provide a very important training framework to ensure that young Timber industry: protests Victorians can play by the water safely. In addition, there are other important activities, including beach Mr BLACKWOOD (Narracan) — The recent patrols, monitoring water quality and dealing with forest protest action at Toolangi and AusWest’s marine stings and other dangers, undertaken by sawmill in Bairnsdale has the potential to undermine a lifesavers. legitimate industry that supports the economy of Victoria and in particular the Latrobe Valley. Australian Pat Mutimer Paper is not using old growth forests for paper; it is taking sawlog residue from the harvesting of 1939 Mr THOMPSON — I wish to offer my regrowth in the Central Highlands. The forests of the condolences to the family of Pat Mutimer, a local Central Highlands are being harvested for high-quality Mentone icon who made an outstanding contribution to timber products such as furniture, flooring and aged-care services in the Mentone district. She was structural grade timber, and the wood — the lowest pivotal in the development of the Mentone aged-care quality portion of each tree — is chipped by Australian day service centre and contributed actively, along with Paper and used to make fine-quality writing paper. Mary Kean, to important social and community Before a coupe is harvested it is subjected to a rigorous projects. pre-harvesting survey, which takes into account any risk to threatened species. This occurs despite the fact The ACTING SPEAKER (Mrs Fyffe) — The that timber harvesting is only permitted in 10 per cent member’s time has expired. of our public native forest estate; 90 per cent is locked up in reserves and closed water catchments. International students: achievements Radical green groups are currently taking action that Mr SCOTT (Preston) — I rise today to celebrate could lead to the closure of Australian Paper, because the contribution of international students to our there is not sufficient plantation for it to transition to, community. I was recently lucky enough to attend the and the closure of many sawmills across Gippsland and presentation of awards by the Wings Foundation to the north-east of Victoria. Every year over $400 million international students for their academic performance. worth of timber is imported into Australia from illegal International students make a fantastic contribution to logging sources and many millions of dollars worth of our community in terms of economic activity as timber products are imported from Third World Victoria’s largest export industry but also to our society countries that do not have the world-class forest in two critical ways: many students stay in Australia as management practices that we have here in Victoria. It new migrants after completing their studies and others would make far more sense if those who oppose

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Wednesday, 31 August 2011 ASSEMBLY 2895 logging of native forest took up their argument with us, school with sponsors and volunteers learning about and the politicians, who develop and put in place the planting trees in their areas. National Tree Day is a legislation, rather than seeking to undermine those wonderful initiative: it teaches people a little bit about businesses and employees who are conducting a growing trees and the environment and is a great legitimate and lawful business. The cost to business and healthy outdoor activity. The students had a great time. the cost to the taxpayer of these disruptive and unlawful I congratulate the school on its efforts. forms of protest action is massive. I also congratulate Planet Ark for coordinating National Wind farms: government policy Tree Day. The 2011 theme was ‘Life is better with trees’. The aim was to plant 250 000 trees. Ms GARRETT (Brunswick) — I have been contacted by many people in my electorate expressing Mordialloc Life Saving Club: committee their deep concern about the Baillieu government’s moves to impede the production of wind energy in this Ms WREFORD — Mordialloc Life Saving Club state. The measures announced by this government are recently held its annual general meeting. I wish to more stringent and prohibitive than anything promised congratulate all those who were part of the outgoing in the election campaign. They will cost jobs and committee and all those joining the incoming billions of dollars in investment. This is yet another committee, many of whom are the same people. Grant step, and a very significant one, in this government’s Rattenbury was and is the club president. He has done a systematic and deliberate abandonment of any action wonderful job with the club. He has grown into the role on climate change, despite the many promises and and had the club grow with him. It is a remarkably commitments it made prior to the last election. successful club whether you measure it by membership, championship results, community outcomes or One of my concerned constituents put this plea directly anything else. It has 468 members. It was recently in a letter to the Premier: successful in obtaining a replacement inflatable rescue boat under the volunteer emergency services equipment To note with growing alarm your changes to wind farm program. I wish the new committee the best of luck. planning rules.

Not only will it — Teachers: laptop computers impact — Mr HERBERT (Eltham) — Today I read with amazement that the Baillieu government, not content to … Victoria’s advance towards a clean energy future, but it slash education funding by $481 million, slash will cost regional Australia a large number of desperately needed jobs. I urge you to reconsider your decision. apprenticeship completion bonuses, slash Victorian certificate of applied learning funding and slash the As we know, in order to transition to a clean energy parent bonus, is now trying to rip off teachers in the future and have any chance of meeting the targets that provision of laptops. this government signed up to last year, wind energy production needs to be supported and encouraged, not Teachers have received laptops from the state stifled and undermined. You need strong support from government for a decade in recognition that they are an government and government policy. This government essential teaching tool. In fact teachers are required to has clearly failed this test and in doing so is failing our write reports using education department software, children and our grandchildren, and I might add that mark the roll online and undertake many lessons with now it is in government it is failing to have the courage interactive whiteboards and projectors, usually linked to of its convictions and beliefs it held when it was in their laptops. Now under this government teachers opposition. I join with my constituents in condemning selecting a MacBook will see their bill increase from $4 the government’s short-term and cynical stance on this per fortnight to $11.50 per fortnight for an essential and issue, and I call on it to support a clean energy future what most would say is a compulsory and necessary and clean energy jobs for our state. teaching tool. To add insult to injury, they will get a superseded laptop and have to keep it for four years. It National Tree Day is a disgrace. It is like asking teachers of the minister’s vintage to pay for their own chalk. To make matters Ms WREFORD (Mordialloc) — I recently joined worse, as we all know, the price of technology is the students and teachers at Mentone Park Primary dropping at the same time as the government is price School to celebrate National Tree Day. Students formed gouging on laptops. green gangs which descended on various parts of the

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This is an issue that needs to be addressed. Laptops are To celebrate the 175th anniversary of the founding of an essential teaching tool for all teachers; they are used Sunbury, the Sunbury Historical and Heritage Society in every school in virtually every lesson. This decision hosted an anniversary dinner at the Pitruzzello Estate needs to be reviewed, and those laptops need to be Olive Grove and Vineyard on Sunday, 21 August. made free for teachers. There was a very large gathering, with great music, fine food, and some interesting presentations giving an Bellbrae Primary School: 150th anniversary outline of the history of Sunbury, with some firsthand accounts of life in Sunbury as well as some fascinating Mr KATOS (South Barwon) — It was a pleasure to photographs showing some of the iconic buildings, attend Bellbrae Primary School on Saturday, including the Rupertswood Mansion, which members 13 August, to celebrate the school’s 150th anniversary. may remember was the birthplace of the Ashes. Bellbrae is situated just off the Great Ocean Road near Anglesea and is a picturesque coastal township that Sunbury fire brigade: centenary houses a recreation reserve, a cemetery and a school. The school was founded in 1861 and was originally Ms DUNCAN — While 2011 marks the built in a vast ironbark forest. It had 35 students who 175th anniversary of the Sunbury township, it also attended from the nearby local farming community. marks the 100th anniversary of the Sunbury fire Over the years school numbers have fluctuated, brigade. At a Bulla Shire Council meeting in June 1910 reflecting the agricultural economy; the school battled it was decided that a public meeting be held where it to keep students during the late 1800s and was even was determined that a brigade be formed. On 1 January down to 15 students in the 1970s and 1980s. Today the 1911 the Sunbury fire brigade was officially registered, school is growing with the demand for a coastal with a membership of 15 people. On Saturday, lifestyle and is home to 321 students. 20 August, the celebrations continued with a concert performed — — The birthday celebrations reflected the proud history of the community, and it was a delight to witness the The DEPUTY SPEAKER — Order! The time for school’s oldest living student and youngest student members’ statements has expired. cutting the birthday cake together. Cadel Evans GRIEVANCES

Mr KATOS — I also had the absolute pleasure of The DEPUTY SPEAKER — Order! The question is: paying tribute to Cadel Evans, along with the thousands of Victorians who showed their support, at the state That grievances be noted. welcome held at Federation Square. I am extremely Former government: performance proud that Australia’s most distinguished athlete — winner of the historic Tour de France — resides in my Mr RYAN (Minister for Police and Emergency electorate of South Barwon. Cadel’s Tour de France Services) — I grieve today for all Victorians in the face win has exalted our community, and we are proud that of their having to bear the consequences of the grossly he has made sporting history. incompetent former Labor government and the legacy left by that government, coupled with the ongoing Cadel is an inspiration to all in the region, and his capacity of those who are now in opposition to tell a unrelenting commitment to achieve his best in cycling story which amounts to nothing less than lies in relation is something to be admired by all. We look forward to to the current government’s programs. Added to this recognising Cadel’s achievements in a fitting way and mix, members on the other side will say or do anything to his homecoming later this year so our community if it serves their purposes. They are prepared to defame can celebrate the sporting hero that is Cadel Evans. if it serves their purposes, and apologise later if they get caught out. But Victorians continue to suffer the Sunbury: 175th anniversary consequences of the way members opposite Ms DUNCAN (Macedon) — Members may be misgoverned the state. aware that 2011 marks the 175th anniversary of the We only need to look through some of the different founding of the township of Sunbury, when George programs in which members opposite were involved to Evans and the Jackson brothers settled in the area see evidence of this misgovernment. To list them, there known to the Wurundjeri people as Koora Koora in is the regional rail link, which cost us hundreds of August 1836. millions of dollars because it was underbudgeted and

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Wednesday, 31 August 2011 ASSEMBLY 2897 underfunded; the Melbourne Wholesale Market problems. If you have a good idea and you want a few redevelopment; the law enforcement assistance million, go and ask the Labor Party, because now they program police database; the HealthSMART project; are no longer in government they are prepared to the West Gate Bridge rehabilitation project; the Olivia commit to it, no problem at all. Newton-John Cancer and Wellness Centre; the Royal Children’s Hospital ICT project; the state sports We ought to bring back the splurgometer, because facilities; and the desalination plant. Every baby born in members of the Labor Party are at it again. Not only Victoria today will have to bear its share of the around can they not manage money when they are in $2 million a day which will be lost to Victorians for government, but here they are in opposition and they almost the next 30 years because of the absolute mess are out there funding everything. I say to the people of the former government made of the desalination plant. Victoria, ‘If you think you need a few bob for something, go and see members of the Labor Party; Then there is the famous pipeline project — they will commit to anything’. $750 million invested in a pipeline Labor swore it would never build in the first place, and now it lies idle. I have seen this play out on the front of my local paper, That is another $750 million Labor burnt. And what the Gippsland Times, in the course of the last week. about the pokies fiasco? Labor managed to burn Mr Lenders, a member for Southern Metropolitan $3 billion on one project alone because it is grossly Region in the Council, has been talking about the incompetent. Labor simply cannot manage money; its Macalister irrigation district in the area adjacent to my record in money management is appalling. The tragic electorate. Now it is within the electorate of the thing is that Victorians are beginning to suffer the member for Gippsland East, and what a great job he is consequences of the fact that Labor cannot manage doing on behalf of his constituency. It is great to see money. Gippsland East being properly represented in this Parliament after so many years in the darkness. Ms Duncan interjected. On the front page of the paper there is an article — it The DEPUTY SPEAKER — Order! The member features me, but that is just the way it goes; I do not for Macedon! want to be self-serving about this, but I might add that it is a very good photograph. The article is headed Mr RYAN — Then we see the next layer from the ‘MID’ — Macalister irrigation district — ‘irrigation current opposition. This is what I call Labor bleats. We infrastructure needs outlined to Lenders’. There is are all familiar with the term ‘tweets’; now we have Mr Lenders propped on a gate and talking to a couple Labor ‘bleats’. These are the various programs which of local Labor councillors — that is fine — about the they never funded when in government, and we hear great Macalister irrigation district. It is a wonderful them here day in, day out. They were at it again on the area. He is talking about the MID 2030 strategy, as it is adjournment debate last night, calling upon the current termed, which is about improvements to the channel government to fund different programs which they did system in the Macalister irrigation district; it is a very not fund when they were in government. For 11 long, laudable project. miserable years they sat on the government benches and yet we have been in government for According to the paper, and I have the clipping, in 215 days — — speaking about this issue:

Ms Duncan interjected. Mr Lenders said with funding from the government, the water delivery efficiency could be boosted by as much as 40 per The DEPUTY SPEAKER — Order! The member cent. for Macedon will cease interjecting. He went on and was reported to have said:

Mr RYAN — Day after day, night after night, If we’re going from 45 per cent utilisation of water to 85 per Labor bleats, trying to get us to pay for the programs cent utilisation of water by investing in infrastructure, it which it simply refused to fund over 11 years. It is means you don’t need more water, you just need verging on the absolutely pathetic, and Victorians have infrastructure which is up to scratch … to suffer the consequences day in and day out. As part As a principle that is all very true. What he forgot to of this second category we also have Labor members mention, and I am sure it just escaped his mind, is that adopting an additional phase in what they are doing — the irrigators in the Macalister irrigation district bought now they are the solution to everybody’s problems. this project to the former Labor government in 2005, When anybody puts their hand up to get funding for which is six years ago. To do the whole thing then anything, Labor members are the solution to their

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2898 ASSEMBLY Wednesday, 31 August 2011 would have cost $180-odd million; it would now cost Party that is investing in an advertisement like this $280-odd million. What did Labor do about it then? It because I could not imagine a local member’s did precious little. Now John Lenders is off the leash electorate allowance would be able to cover it. and can say whatever he likes wherever he wants to say it. He has been in the Macalister irrigation district The advertisement claims that the government has saying, ‘If the government funded this, that would be a scrapped regional Victoria’s dedicated infrastructure wonderful thing to do’. For six years the former Labor fund, which creates jobs and supports communities. Do government had the opportunity to do it. not worry about the fact that, as I have said in this place, under the former government’s regional blueprint Mr Lenders is the guru of water-related management! we committed to the fulfilment of virtually every We all remember an article published recently where program which was being funded through the Regional the same Mr Lenders was advocating that we pump Infrastructure Development Fund! On top of that we water down the pipeline into the Sugarloaf Reservoir; added another $500 million in the course of just this he seemed to think this was a terrific idea. No-one else first term, and there will be another $500 million in the seemed to think it was, but Mr Lenders seemed to think following term under the $1 billion Regional Growth it was a terrific idea. There was only one little Fund. problem — Sugarloaf Reservoir is full and cannot take any more water. Even the most basic of us know that if It is completely misleading on behalf of the member to the bucket is full, you cannot put anything in it, but it run this advertisement she knows is absolutely untrue. seemed like a good idea at the time. Pursuant to the The implication in it is completely wrong, and she basic principle, if Labor members think it is a good idea knows it. At the very least it is utterly disingenuous, at the time, they go and say it. When it was pointed out but, above all, it is classic, quintessential Labor. That is that this might be not quite feasible, Mr Lenders had what Labor does, and it does it because it cannot help another solution — that is, to move the storages. We doing it; it is in the nature of the proverbial beast, and ought to move the storages! all Victorians are being subjected to the effects of it.

As recently as a few hours ago during the adjournment We also had the discussion in relation to the Victorian debate in the other place, which took place at 4.30 this certificate of applied learning (VCAL). Labor members morning, immediately consequent to the Justice invested a lot of time and energy in question time Legislation Amendment (Protective Services Officers) yesterday asking questions in relation to VCAL — — Bill 2011 passing this Parliament — what a great occasion that was, but I will talk about that at a bit more An honourable member interjected. length later — Mr Lenders was at it again. He was Mr RYAN — And I hear that they are still on it. saying we should empty out the Sugarloaf Reservoir These are the actual figures in relation to the delivery of and make space for the water to be pumped through the the VCAL funding for this year: it is going up by pipeline for Melbourne’s use. What an absolute circus. 9.5 per cent. It is being increased from $100 601 700 to Can members just begin to imagine the cost of pumping $111 207 750, an increase of 9.5 per cent. The this water to wherever Mr Lenders apparently wants it coordination of this program is going to be run like the sent? It would be an absolutely staggering cost. But this Victorian certificate of education and the vocational is the sort of preposterous nonsense that we have to put education and training in schools programs. It is going up with from the former Labor government. That was to be run in a similar manner to those programs. But said by a former Treasurer of the state of Victoria. The Labor is out there painting the picture that funding for former Labor government simply did not know what it the delivery of those programs is being cut. It is simply was doing. Members of the former Labor government wrong. were bumbling fools. Victorians are now left having to Mr Hulls interjected. pick up the pieces on a daily basis. Mr RYAN — The former Attorney-General said The next element of all of this is the sheer lies Labor that teachers are telling Labor that. What the Attorney members are prepared to tell in relation to the way in ought to do is tell the teachers to look up the budget which the current government is discharging its papers, because they will see that the funding has responsibilities. Labor members will do and say increased by 9.5 per cent; it has gone, in round figures, anything. As recently as yesterday Ms Pulford, a from $100 million to $111 million. The lies go on and member for Western Victoria Region in the other place, on. published an advertisement in the Ballarat Courier. It is a full-page advertisement. Presumably it is the Labor

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We have a flyer from the shadow transport minister one way. An idea or proposal may go into the office but stating that the Baillieu Liberal government has failed nothing comes out. There is a dithering, pathetic to provide extra train services, but the fact is that train silence. This is the running joke of this government. services provided in the system per week have Government members are too scared to make a increased from 13 365 to 14 635. I could go on an on. I decision; they are too distrustful of each other to let have examples all over the place of various Labor lies people get on with doing their own jobs, and they are so that have been told. A letter sent out by the shadow concerned about knowing and controlling what their Minister for Small Business, the discredited former own colleagues are doing that they have forgotten that planning minister, also tells lies about the Moonee they are here to govern. Valley Racecourse development. The letter to constituents states that the Baillieu coalition It is not just policy that has to be screened but also government will be the ultimate decision-maker around people who must be screened through the politburo at the site. That is simply not the case at all. The plans 1 Treasury Place. Proposed ministerial chiefs of staff, have to be firstly approved by the Moonee Valley City such as the proposed ministerial chief of staff to the Council, and it will remain a council matter until the Minister for Consumer Affairs, have been vetoed by the council makes a decision. You could go on and on with Premier’s office again and again. It was the most these examples. painful and drawn out staffing of ministerial offices in the history of this state. Staff were inserted into The bottom line is that Labor will say and do anything ministerial offices, not to work for the minister but to if it serves its purposes. People voted on 27 November do the bidding of Michael Kappel. Tristan Weston, the last year. Looking at today’s headlines it seems they well-paid man of leisure, is just one example. By the have not changed their minds; they have only firmed up way, what, for goodness sake, was Tristan Weston their point of view. The Baillieu government will doing and how much was he being paid? He was not continue to provide good government for Victoria. We there to provide his minister with frank and fearless will fulfil our campaign promises. We will make sure political advice, and he was not there to be a trusted the interests of all Victorians — metropolitan, regional adviser. and rural — are looked after as they should be. He was there to do the work behind the minister’s back; Road safety: government performance to do the bidding of his Liberal handler, Michael Kappel. I have said in this place before that I cannot Mr MERLINO (Monbulk) — I also rise to make a believe the Leader of The Nationals could be so naive contribution to the grievance debate. Today I grieve for as to allow this to happen. It is common knowledge road safety in Victoria and the complete lack of around the place that there is deep distrust and attention by this government on this most vital issue. I animosity between the Premier’s chief of staff and the am glad the Minister for Police and Emergency Deputy Premier of this state. I predicted that Weston Services is at the table. He is one of three road safety would never work for the Minister for Police and ministers who have failed to deliver on road safety over Emergency Services again. I also predicted that no the course of their government. I begin by asking a Nationals minister would ever allow Kappel and the question that I thought even this dithering government Premier’s office to insert a Liberal staffer into a would have addressed by now: where is this Nationals office again. I was amazed to read reports government’s comprehensive road safety strategy? I that the Minister for Sport and Recreation, a Nationals cannot believe I am standing here today asking that minister, was being forced to employ Weston. question. More than nine months have past since the Arrive Alive strategy was due to be updated, and it is Mr Hulls — He is a soft touch. still nowhere to be seen. The inaction and incompetence on road safety is emblematic of the Baillieu Mr MERLINO — He is a soft touch indeed. What government. is the minister thinking? If that is true, all I can say to the minister is to watch his back, because Weston will At this government’s core is a giant black hole, and any certainly not be taking direction from him. ideas, any departmental proposals, any ministerial submissions and any advocacy from inside or outside I digress, but it highlights the point that this is a government get sucked into it. That giant black hole is government obsessed with central oversight and the Premier’s office. Every little thing — and those control. The member for Prahran has got a big head but opposite know this true — must go through that office. a small voice. This is a government obsessed with Power has been centralised to an unprecedented level. central oversight and control, and it deems this The only problem with this process is that it goes only obsession to be more important than actually making

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2900 ASSEMBLY Wednesday, 31 August 2011 decisions. Whilst this approach should be exposed and led the way in making it mandatory for all new vehicles ridiculed by the opposition and the broader community, to be fitted with electronic stability control. These road the inevitable outcome of it — and it has been systemic safety measures have been transformational. Under in the nine months of the Baillieu-Ryan government — Labor’s road safety strategy the Victorian road toll is not a joke. It is something we should grieve about decreased by more than 35 per cent from 444 to 288. because when it comes to issues like road safety we are Around 1000 lives were saved due to this strategy and talking about people’s lives. the work of all our road safety partners.

Unlike this government Labor took decisive action on Despite this success and the introduction of these road safety. The successful Arrive Alive strategy measures, according to the TAC Victorians are still helped drive the road toll down from 444 fatalities in more likely to die violently as a result of a road crash 2001 to 288 last year — the lowest on record. It has than from any other cause. It begs the question: why worked. Our road safety partners, Victoria Police, has this government left the field of road safety? The VicRoads and the TAC (Transport Accident Minister for Roads promised to up the ante on road Commission) did a power of work in preparing for the safety. Those were his words. This is from someone Arrive Alive action plan and the update to Arrive Alive, who can only be described as a friend of the hoon. which was due last December. What has happened to When he was in opposition and the shadow minister for that body of work? It has disappeared into the black roads, the current Minister for Roads thought people hole of the Premier’s office. Where are the new and should be treated more leniently for speeding and for innovative ideas to ensure that Arrive Alive remains doing the most dangerous thing on our roads — that is, relevant and continues to reduce the road toll and the driving through a red light. That was what the then impact of road trauma? The answer is absolutely shadow minister talked about, and he is now one of the astonishing. This government has been recklessly leading ministers in our road safety strategy. The absent from the road safety field. The update of Arrive coalition has done next to nothing, and it is not Alive has been shelved. The groundbreaking road surprising given leadership such as his. safety experience centre to be funded through the TAC has been scrapped. Funding for road safety initiatives The only signs of action we have seen to date from this has been reduced. Here is a simple statement that even government on road safety have been a used car safety those opposite will understand: you do not reduce the rating system and an announcement of a blitz on road toll by doing nothing. dangerous driving on Victoria’s regional roads, an initiative that included nothing new. There was nothing Road safety is a vitally important area of public policy. new in that announcement. What have we seen in this The cost of road trauma is immense; there were place? An extension of Labor’s hoon driving legislation 288 fatalities last year and 5392 hospital admissions. and a proposed road safety camera commissioner that The financial cost to Victoria is $3.8 billion per year. will not save one life. That is it. That is all we have seen The human cost is that families are devastated when on road safety from those opposite. lives are tragically cut short or impacted by serious injury and a lifetime of pain and debilitation. Around This feeble offering on road safety is no substitute for a 90 Victorians suffer serious brain injury in road crashes comprehensive road safety strategy. The concern that every year, and half of all spinal injuries in Australia this government, through its incompetence and delays, are due to road crashes. is putting at risk four decades of leadership is not just being expressed by the opposition. Back in May, during Victoria has had a proud record of leadership and events in Melbourne highlighting the United Nations innovation in road safety on both sides of politics for decade of action on road safety, the Royal Automobile decades. In 1970 the road toll was a horrifying 1061. In Club of Victoria made this statement: that year Victoria was the first jurisdiction in the world to legislate for the mandatory wearing of seatbelts. It RACV notes that Victoria’s road safety strategy expired in 2010 and the state government has not yet released its own had an immediate effect: in 1971 the road toll fell by vision for Victoria’s road safety over the coming decade … 13 per cent. Our leadership continued over subsequent Victorians expect the government to improve road safety … decades. In the late 1980s we became the first jurisdiction in the world to bring in mass-scale roadside Indeed they do. That statement was made back in May. random breath testing. In 2006 we were the first What was the response from the government? jurisdiction in Australia to introduce a random drug Absolutely nothing. I can tell the house that similar testing program. We have made massive investments in concerns are held by many other organisations and building safer roads, confronting and highly visible individuals involved in road safety. Concern has been advertising and strengthening our licensing regime. We expressed to me by people touched by the tragedy of

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Wednesday, 31 August 2011 ASSEMBLY 2901 road trauma. People are waiting and wondering when release a comprehensive road safety strategy and start this government is going to seriously tackle road safety. saving lives. You do not reduce the road toll by doing nothing. At the six-month mark of the government’s inaction the opposition actually stepped into this vacuum created by The DEPUTY SPEAKER — Order! The those opposite and provided some leadership. We took member’s time has expired. the view that collectively we cannot afford to drop the ball on road safety. In June Labor released Below 200 Former government: performance by 2020 — Protecting Victorians on Our Roads, which outlines a series of initiatives and an ambitious but Mr WELLS (Treasurer) — I grieve for the achievable new target to reduce the state’s road toll to Victorian Labor Party. It has no ideas, no policies, no below 200. As the Leader of the Opposition said at the direction and no leadership. On top of that it left this release of this document: government with an enormous financial mess. Despite all this, the Baillieu government is getting on with Where the Premier is unable, or unwilling, to act and combat creating jobs and making sure it has a strong and robust serious road death and injury, Labor will step in and help the economy. We have to make sure that we have a strong government … balance sheet, that we maintain our AAA credit rating Nothing would make me happier than for the Baillieu and that we maintain our $100 million surplus. government to adopt our plan to prevent deaths on our roads. What has this government put in place to achieve these We urge the government to take up these ideas, which things? The first step was the budget in May, and that include recognising and rewarding new drivers by was designed to deliver on our election commitments. providing a free three-year licence, piloting the use of We were very strong on delivering our election intelligent speed assist devices, creating a Minister for commitments. We made sure that we put in that budget Road Safety rather than having three incompetent the things necessary to ensure that we would deliver on people dealing with road safety and reducing TAC what we had promised on 27 November. People voted premiums for people registering a new 5-star car. us in, and for months the opposition said, ‘Make sure Speeding up the change of Victoria’s fleet to new you deliver on your election commitments’. We did vehicles would significantly reduce road trauma. Other that. We made sure we delivered on a $100 million ideas include increasing the use of speed warning surplus. We were able to get there, and we are also devices inside heavy vehicles and investing in the road absolutely committed to maintaining our AAA credit safety experience centre. New drivers who attend the rating. centre would receive a free driving lesson, while drivers convicted of serious driving offences should be That is interesting to note as we see how the world required to attend the centre. There are a whole raft of deals with the latest economic crisis and we see places initiatives that we urge this government to take up. like the United States of America that have lost their AAA credit rating. Meanwhile Moody’s and Standard The idea of having a road safety experience centre was and Poor’s have been through the Victorian books, and about educating young people about the realities of they have maintained our AAA credit rating. That is road trauma. It would have saved lives, and it could something of which Victoria should be very proud — have been funded. The money was there through the and something which the Kennett government regained surplus and premiums at the TAC. The money is there; in the 1990s. It was lost by the Cain and Kirner we know it is there to fund this. The government bleats governments. We regained that under the Kennett about bipartisanship on road safety; I say, ‘Do government, and we have made sure that it remains in something about it for goodness sake’. In the immortal place. words of John Kennedy ‘Just do something’. This government has achieved things despite Victoria’s internationally renowned reputation on road everything that has been thrown at it, such as the cut in safety has for decades been earnt through hard work, the GST. We had a situation with the GST where we innovation and commitment. The message for the lost $2.5 billion in GST revenue. For every dollar that a incompetent trio of the Minister for Police and Victorian paid in GST we were receiving 94 cents, and Emergency Services, the Minister for Roads and the that has now been cut to 90 cents. That represents a Assistant Treasurer, who is responsible for the TAC, is $2.5 billion cut in GST revenue, and on top of that we that they need to gather up some courage, stand up to have had the shrinking of the pool of $1.6 billion over the overbearing goons at 1 Treasury Place and demand the forward estimates period. In total that is $4.1 billion the release of the road safety strategy. They need to

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2902 ASSEMBLY Wednesday, 31 August 2011 which we were not expecting to lose and with which On top of that we have had the issue of the carbon tax. we had to deal in the run-up to the budget. We will fight this carbon tax every single step of the way. As I have mentioned in Parliament before, when Then of course we had the cost overruns left by the the London bankers sat down with me and asked what previous Labor government. What was it thinking? It we were doing with regard to the carbon tax, they said just kept throwing money at the myki problem and it is like trying to air-condition your backyard. That is expecting it to be fixed by just throwing money at it. what they are telling us in the United Kingdom. Why is That is the mentality of a typical Labor government. It it that we are doing what we are doing? This will cost just keeps throwing money, and it believes somehow jobs and it will reduce Victoria’s output by $2.8 billion that at the end of the day somebody will come up with a in 2015. The Baillieu government will fight this solution. That is why we had to rescope the contract to measure every single step of the way. make sure that we can deliver on it. On top of that we have had to deal with Labor’s racing Then we have Melbourne markets; how embarrassing debt. The debt was paid down to about $3 billion, and that is! then it was racing up to $31 billion. How can you possibly go from $3 billion to $31 billion in just Mr Nardella — No, it’s not! 10 years? It is quite extraordinary that in the forward Mr WELLS — It is an embarrassment. The estimates that debt was going to increase to $31 billion. member for Melton says it is not an embarrassment to Another issue we have had to deal with is the issue of go and build a massive warehouse. How many productivity. I do not think I ever heard a Labor fruiterers or vegetable growers had the previous minister in previous years talk about productivity. That government signed up to go into the new building on a is because the former ministers relied on population lease agreement so that there was some sort of revenue growth to continue to drive the Victorian economy. flow? The answer is zero. Not one person was signed There was no talk about productivity because their up, so who was going to hold the financial risk but the union mates would never allow them to talk about it — government? While in government Labor did not sign ‘By gee we don’t want to ever increase productivity up one person to move across. Not one lease was because it will get the unions and their mates offside’, signed. and that is why not once did I hear one Labor minister Mr Nardella interjected. ever talk about productivity. Productivity is one of the real hard core focuses of this government. Mr WELLS — The former government had no idea what sort of revenue stream was going to be there, and In the 1990s, under the Kennett government, there was it is an embarrassment. Then we have the regional rail. I an increase in productivity. Over the past 10 years, heard the Deputy Premier talk about regional rail. How under the former Labor government, productivity has can you have a regional rail line without any signals — fallen to such an embarrassing rate that it is that is, $500 million worth of signals that the previous actually — — government just forgot to put into the contract? Those Ms D’Ambrosio interjected. sorts of things are embarrassing. And then of course we have HealthSMART. These things represent hundreds The DEPUTY SPEAKER — Order! The member of millions of dollars of cost blow-outs with which we is out of her place and is disorderly. have had to deal. Mr WELLS — It fell below the national average. It We have lapsing programs — and I am glad that the is an embarrassment. But what did the former Minister for Environment and Climate Change is government do about it? It did not do anything about it, here — and when we started looking at them, we and that is why we are in the situation we are in at the realised that funding for Victorian park rangers was due moment, so we are going to ensure that productivity is to finish on 30 June 2011 and not one cent had been put very high on our list. That is why we are targeting a aside for Parks Victoria for park rangers after that. Even 25 per cent reduction in red tape, and there is already more embarrassing was that funding for the Royal some fantastic work being done in that area. Society for the Prevention of Cruelty to Animals officers, who do a fantastic job in our community, was We are ensuring that there will be a more efficient and also due to finish on 30 June 2011. Not one cent had transparent public service. We are ensuring that the been put aside to keep the RSPCA officers. We have infrastructure we build has high productivity return, and had all of these issues to deal with. that will be positive for the economy. As part of the 25 per cent reduction in red tape we are going to ensure

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Wednesday, 31 August 2011 ASSEMBLY 2903 that the Victorian Competition and Efficiency those positions in place, and when the figures for Commission comes in over the top so that the regional Victoria came out recently they showed that government does achieve its target. We are not like the employment growth over the year in the three months previous government which said, ‘We are going to cut to July 2011 was strong for regional Victoria — up red tape here, there and everywhere’ but never actually 34 000 persons, or 4.9 per cent — and over the year the achieved it; we have asked VCEC to come in and absolute and percentage increase in employment ensure that we do achieve it, and that is how we will remained the highest of all state regional areas. That is ensure that that reduction occurs. good news for Victorian regions. The unemployment rate in regional Victoria eased to 5.2 per cent over the We are also going to ensure that the skilled and three months to July 2011, but this was lower than the innovative workforce continues. The fact that 42 per Australian average for regional areas, which was cent of the labour force is under 35 years of age is 5.5 per cent. positive for our productivity. In addition, 2.9 million people are employed, 59 per cent of the workforce There have been some real positives such as CSL holds post-secondary school qualifications, and we Limited, for example, which gave the Victorian have high university participation and graduation rates, economy a shot in the arm by announcing that it was with 31 per cent of the workforce possessing university creating hundreds of jobs by building a new qualifications. Those figures are setting us up to ensure manufacturing plant in Broadmeadows. This is great that we improve productivity, and that is most news. CSL and similar companies rely on a highly important. skilled, productive workforce, and it is a strong positive that the company is able to do that. We are also committed to ensuring that we have a diverse economy, which is crucial. We also have the retail zoning reforms, which I spoke about in question time last night. As the Minister for Mr Scott interjected. Planning has stated, these changes go to the very core of the Victorian coalition government’s agenda to The DEPUTY SPEAKER — Order! The member stimulate growth, jobs and the economy, and once for Preston will cease interjecting incessantly. again it is about getting rid of that red tape and making Mr WELLS — It is absolutely crucial that we have it easier for businesses to produce. The Premier’s press a diverse economy. We know that the high Australian release quotes the Minister for Planning as having said: dollar impacts on our tourism, hurts our manufacturing These proposed changes are supported by the Productivity and hurts our export of education. Therefore we are Commission’s retail competition report, issued early this making sure that those sectors are being well supported month, and could create thousands more jobs in Victoria. by the government in what we acknowledge is a difficult time. But on the flip side, having a high I would like to conclude with a press release put out at Australian dollar means that the mining states — 1.55 p.m. yesterday. It has a great headline ‘Melbourne Queensland and Western Australia — do very well, and world’s most livable city’. that means that we benefit from having BHP Billiton, Mr Wynne interjected. Rio Tinto, Newcrest Mining Ltd, ANZ bank and National Australia Bank here in Victoria, with a lot of Mr WELLS — What a great headline. The member the big superannuation and insurance deals being done for Richmond is so excited that the world’s most livable in this state. city is Melbourne. I join the member for Richmond in that sentiment; I am also very excited by that. It says: It is not only the finance and insurance part of it either. There is also the engineering skills — that back office Melbourne has finally knocked Vancouver off its perch as the support that we in Melbourne and Victoria provide to best city in the world to live in. the mining states. That is significant because when we Melbourne claimed the title of the world’s most livable city in have a high Australian dollar we need to have a diverse the Economist Intelligence Unit’s latest survey, with Sydney, economy to ensure that we are able to encourage Perth and Adelaide also making it into the top 10. employment in those areas. It is the first time in almost a decade of the global When it comes to jobs based on a diverse economy, in livability survey that Vancouver has not ranked as the the budget papers we said we would have job growth of best place to live in the world. That is great — it shows 1.75 per cent. That was down on previous forecasts, the absolute confidence that people have in the Baillieu and that 1.75 per cent growth meant a target of government and the job it is doing to build a strong 50 000 to 55 000 jobs per year. We said that we had economy.

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Government: performance and has a young family. He has no political affiliations, but he has a passion for greyhound racing and for Mr HULLS (Niddrie) — I have a hell of a lot to putting something back into the community. He was grieve about, but I only have 15 minutes so I will focus appointed because of his skills and passion. He and his on only a few things. I grieve about the standards of this board were doing a great job with an industry that government — its lack of integrity, its reliance on lies continues to grow. However, as a man of integrity, and spin to get its way and its lack of understanding of Mr Caley could no longer have his reputation conflict of interest, whether it be real or perceived. I threatened by his association with the minister, who in reckon these things are worth grieving about. his view lacked any integrity.

I remind the house that in question time on 30 June — On Thursday, 30 June, the Minister for Racing issued a and in my absence due to illness — the Minister for media release with the heading ‘Labor threat to country Racing took the opportunity to attack me in relation to greyhound racing’, in which he said he had uncovered a an independent report commissioned by Greyhound secret Labor plan to close down greyhound racing Racing Victoria (GRV). His attack was based on a lie. tracks. In this media release he claimed that the former The minister knew what he said was untruthful when he Labor government commissioned a report about the said it — and I will explain why later. This is hardly future of greyhound racing and that this report was a something to be surprised about, because the minister blueprint to allow Labor to close down greyhound has form in this area. If this place is called cowards racetracks. On the very same day the minister issued castle, the Minister for Racing is its king. I will come this clearly false press release, he came into this back to the lie a little later. place — in what I would describe as a clearly gutless and cowardly fashion, knowing that I was not here — The saddest thing about the minister’s lack of integrity and stated that I would have been fully briefed on, fully is that in his desperation to attack me, he impugned the aware of, fully informed about and fully involved with reputation of — — the project brief and the directions given to the consultants by GRV. He did this in the full knowledge Ms Asher — On a point of order, Deputy Speaker, that what he was saying was blatantly not the case. if the Deputy Leader of the Opposition wishes to make a point about the Minister for Racing, the forms of this I say it was blatantly not the case — blatantly untrue — house allow him to do so by way of a substantive because when I learnt of the minister’s gutless and motion. He is not entitled to use the language he has cowardly allegations I wrote to Mr Caley seeking used about the conduct of the minister. clarification about this matter. He wrote back to me, saying he was happy to have the opportunity to put the Mr HULLS — On the point of order, Deputy record straight and comment on the extract from Speaker, we have just heard the Deputy Premier use the Hansard of 30 June. He said: word ‘lie’ on 20 occasions. This is the grievance debate, and I am grieving about the lack of integrity I viewed the minister’s action in authorising this press release shown by the Minister for Racing. Why have a as a gross breach of trust, and I could no longer afford to have grievance debate if you cannot grieve about the lack of my business reputation in the hands of someone who treated integrity of ministers? it with apparent disregard. He went on to say: The DEPUTY SPEAKER — Order! While recognising that the grievance debate is quite a robust The consultancy was not requested by you — one, I uphold the point of order by the member for Brighton. I ask the member for Niddrie to choose that is, me — different words when making his contribution in the as the then racing minister, nor by any other member of the grievance debate. then Labor government. In addition, given the proximity to the election (caretaker provisions) and the fact that the Mr HULLS — The saddest thing about the engagement of a consultant was in the normal course of minister’s lack of integrity is that in his desperation to GRV’s business, to my knowledge, it was not communicated attack me he impugned the reputation of a good, decent to you prior to the change of government. and honourable independent person, a man of great He went on to say in response to the minister’s claim integrity, the then chairman of Greyhound Racing that the consultancy was undertaken in secret: Victoria, Nick Caley, as well as members of the board of that organisation. Mr Caley is a former successful The consultancy was conducted over a seven-month period stockbroker and merchant banker. He lives in Brighton and the process was very transparent — there was no ‘secret plan’ as has been suggested by the current racing minister.

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Mr Caley said quite clearly in this letter that what the Prosecutions, who believed his station in life was to be minister said in his media release and to this house is promoted well beyond his ability. When the reality set blatantly untrue. in, and he realised that his aspirations for promotion were not going to be realised, he was more than happy On numerous occasions on 16 August in this house the to spread rumours — I might say that they were not minister was asked about Mr Caley’s resignation and based on any evidence, which should be a lawyer’s the reasons for it. He was less than fulsome and less stock in trade — about the former DPP. In other words, than truthful in his answers. He wriggled and squirmed he was bypassed for promotion and he decided to trash like a desperate, slimy snake. However, we have a copy reputations as a consequence. of Mr Caley’s letter of resignation to the minister, dated 1 July. It states: We now know that Stephen Payne was a former colleague of the Deputy Premier, as the Deputy Premier Re: resignation as chairman of Greyhound Racing Victoria. said in this place on 28 June. He said: I refer to the Liberal Party press release of June 30th, 2011 entitled ‘Labor threat to country greyhound racing’. I can tell the house that almost 20 years ago I was involved in a professional working association with Stephen Payne in a Suffice to say the press release is a total fabrication. legal firm in Gippsland. In 1992, after I was elected to Parliament, that association concluded. Subsequent to this press release, I believe there is no possibility of a viable working relationship between myself That is what he said in this place. and your office. I now submit my resignation as chairman and as a director of Greyhound Racing Victoria — effectively Dr Napthine — Twenty years ago. immediately. Mr HULLS — That is right, a long time ago; he The fact is the Minister for Racing was clearly had an association with him a long time ago. That is obfuscating in this place. He was slimy and untruthful what he advised the house. He went on to say that he when he came into this place and simply thanked had only infrequent and intermittent contact with Mr Caley for his resignation. He refused to be full and Mr Payne, including a meeting at which Mr Payne told frank in relation to the letter. He knew full well that him about these wild and unsubstantiated rumours, Mr Caley was doing no more and no less than saying which he passed on to a senior minister within the that the Minister for Racing was untruthful. That is the Labor government. That is not new; it was reported in fact of the matter. He knew it at the time that Mr Caley the Sunday Herald Sun some time ago. It is true that the resigned, but he did not have the guts to come into this now Deputy Premier came to see me. He said that he place and say it. had heard rumours about the former DPP. Here is a bloke who has said in the past that you should not act This is just one example of the government being less on rumours, but he was happy to come to tell me about than truthful and undermining independent rumours that he had heard from somebody he had been organisations and people; independent people who are associated with. prepared to work hard for the people of Victoria. I have spoken in this place before about the Kennett What he did not tell me was that he had heard about government’s attacks on the Director of Public these rumours from Stephen Payne. He did not mention Prosecutions (DPP), the equal opportunity anything about Mr Payne. What he did not tell me, and commissioner and judicial independence, about its what he did not tell the house on 28 June, when, abuse of parliamentary practices and about its supposedly, he was in here to set the record straight, undermining of freedom of information processes. I was that he, the now Deputy Premier, had been a have said in this place that the Baillieu government is referee for Mr Payne when he went for a permanent using the disgraced Kennett model as a template to do position of legal practice specialist, advocacy, with the exactly the same thing. DPP in 2009. What he also did not tell me, and indeed Let us take the DPP as an example. We know that wild did not tell the house on 28 June, was that he had also rumours among the legal profession circulate on a written a personal note to me when I was Attorney-General forwarding a copy of Mr Payne’s regular basis. That is not new; it is in the nature of curriculum vitae and an application from Mr Payne to members of the legal profession, who love spreading be appointed as a magistrate. He did not tell the house rumours. But the rumours about the former DPP were outrageous and fuelled by many people from both that. This is somebody he said he had had no contact within and outside the legal profession. One of the chief with for 20 years. protagonists in this matter was one Stephen Payne, a disgruntled employee of the Office of Public

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In claiming to be up-front with me and honest to this government to show that, like the Kennett government, house, he decided to leave out two important pieces of it is becoming more slippery and more slimy every day. information, which went to the depth of his association with Mr Payne, the same person who was spreading Former government: contaminated site rumours about trashing the reputation of the DPP and others at the Office of Public Prosecutions. He may Dr NAPTHINE (Minister for Ports) — We have have been a former colleague, but he was clearly still a just heard a diatribe from the member for Niddrie, who close friend. Just as he did not declare his conflict of is returning to his true form. His contribution says more interest to the Premier, he did not declare his conflict of about the lack of character and the nature of the interest to me. I can only say that the Deputy Premier’s member for Niddrie than about anything else. He has answers were a classic display of rat cunning, which is reverted to his true type of abuse, innuendo and smear. fast becoming a hallmark of this government — a That is the way he operated in the 1990s, and that is the government and its ministers who in public speak way he is operating again. Members will recall that in highly of a person and highly of the independent office the 1990s the member for Niddrie attacked Lloyd in which they serve, such as they did with both the Williams and attacked Crown casino and swore that former police commissioner and the former DPP, but when he got into government he would have a royal who in private appear to aide and abet their demise. commission into that whole matter. However, when he got into government there was no such royal While I am on the issue of a conflict of interest, it is commission, because he is a man who lacks substance. worth noting how this government deals with that. It All he can do is offer smear, innuendo and abuse, and does not understand it. Where we see conflict, it sees the sooner he leaves this Parliament, the better. convergence — and it says that convergence of interest is a good thing! The Deputy Premier’s answers and the What he did not say with respect to Greyhound Racing answers of the Premier in this house are instructive. Victoria was that Nick Caley was hand picked and First he claimed there was no conflict of interest, then, appointed as a member of the board and then as under further questioning, he admitted that he had chairman of the board by the then Minister for Racing, exempted himself from discussions, presumably who is the member for Niddrie. He did not say that the because there was a conflict of interest. But clearly, if Coffey report was commissioned well before the the Deputy Premier’s answers are to be believed, he did former government’s caretaker period. It is beyond not tell the Premier; he just left the room. Under the belief that as Minister for Racing he was not aware of Premier’s informal code of conduct — informal this major review into the future of greyhound racing. because we have not yet seen a formal one — you Let me get on to my contribution this morning. I want declare a conflict of interest that you do not think you to grieve for the people of Victoria with regard to the have simply by leaving the room. You have a situation massive mismanagement and waste of public funds by where every time a minister leaves a room the Premier the previous Labor government in relation to the does not know whether the minister has a conflict of purchase of a highly contaminated toxic site at interest or just wants to go to the toilet. Yarraville. I also want to congratulate the Port of That brings me to the integrity of the Premier. The Melbourne Corporation, which under this government Premier has made numerous statements about open, has almost completed a massive clean-up of this very honest and accountable government, yet when his toxic contaminated site. The history of the 10-hectare ministers and his backbenchers act like slimy snakes site at 221 Whitehall Street, Yarraville, is a litany of and cunning rats, he does nothing to stop them and he financial incompetence and a waste of millions of says nothing to chastise them. He lacks a lot of things. dollars of public money. He does not care about jobs, he does not care about A report on this land prepared by the Victorian families and he does not care about kids in kindergarten Auditor-General in June 2007 found the following key or kids wanting to get skills for a trade. He does not facts, and I will quote from that report. The care about standards. Indeed you have to ask whether or Auditor-General found that: not he has any integrity at all. Environmental consultants had established that the use of the Acting Speaker, you can see why I grieve. At its most property, for the manufacture and processing of acid, fertiliser senior level the Baillieu government is less than frank, and chemicals, and the storage of agricultural chemicals since less than fulsome and less than honest despite its the early 1840s, had contaminated the site. The vendor had commitment to be open, honest and accountable to the occupied the property since 1971. people of Victoria. It has taken just nine months for this Furthermore, on page 20 of that report — —

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Mr Nardella — Is this a different site? that is, June 2007 —

Dr NAPTHINE — It is 221 Whitehall Street. the net value of the site which was purchased for Furthermore, on page 20 it says, and I quote: $13.5 million, was recorded by PoMC —

MPC’s — that is, the Port of Melbourne Corporation — that is the Melbourne Port Corporation, as it was at $500 000. then — In other words, the report is saying that in 2001 John offer for the Yarraville site was made subject to the Brumby authorised the expenditure of $13.5 million of Treasurer’s approval being obtained in line with the public money to buy this land which was highly government’s requirements for capital purchases exceeding contaminated. He did not do proper due diligence; he $5 million in value. This approval was obtained on did not do a proper assessment. He went against 6 September 2001. government processes and personally authorised In other words, the then Treasurer, John Brumby, spending $13.5 million on this land, which six years personally approved the purchase of this property. later was valued at $500 000. That is the sort of financial mismanagement that is characteristic of Labor The Age of 20 June 2007 said the following, and I governments, particularly the Brumby and Bracks quote: Labor governments.

The purchase was rubber-stamped by Treasurer John Furthermore, I refer to page 15 of the Brumby, despite a warning from his own department that Auditor-General’s report where it says: government policy was being ignored, including no assessment of the risks and no mandatory approval from the In November 2003, following the vendor vacating the site, the government land monitor. EPA issued MPC with a notice to clean up the soil and groundwater pollution on the site. According to the report, Mr Brumby was also warned that the site was ‘contaminated and subject to an EPA pollution abatement notice’. It goes on to say: On page 5 the Auditor-General’s report refers to Preliminary clean-up cost estimates for this site and adjoining riverfront land already owned by MPC range from $6 million Melbourne Port Corporation, and I remind the house to $70 million. that the Melbourne Port Corporation was at that time a wholly owned government entity under the control of Mr Nardella interjected. the Minister for Ports and the Treasurer. The report states: Dr NAPTHINE — I remind the house, and I remind the member for Melton, that in the previous MPC purchased the property without sufficient knowledge of government, of which the member was a part, the the site’s environmental condition. A rigorous assessment of previous Treasurer, John Brumby, who he supported, the costs, benefits and risks associated with proposed acquisition was not undertaken. personally signed up to buy this land for $13.5 million. It was valued years later at only $500 000, and the then MPC released the vendor from all responsibility for Treasurer personally exempted the vendor from any remediation of the site and exposed itself to significant future clean-up costs, which the Auditor-General estimated cost. could be between $6 million and $70 million. Six years In other words, John Brumby as Treasurer of this state after the 2001 purchase the land was still vacant. It was signed up to purchase this known highly contaminated worth only $500 000, and the Port of Melbourne site. He ticked the box and said the vendor was released Corporation was facing massive clean-up costs. from all responsibility for cleaning up that site, Mr Nardella interjected. irrespective of the cost of that clean-up. How irresponsible! What disgraceful mismanagement and The ACTING SPEAKER (Mr Morris) — Order! abdication of the proper responsibilities that the The minister at the table. Treasurer should have applied. Dr NAPTHINE — Today I am pleased to advise I further quote from page 1 of the Auditor-General’s the house that remediation works and site improvement report with regard to the auditor’s valuation at that time. works commenced in February 2011, nearly 10 years The Auditor-General said: after the land was originally purchased by John At the date of audit — Brumby.

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Mr Nardella interjected. to lease it out to a third party and it may or may not be used for port-related purposes. The ACTING SPEAKER (Mr Morris) — The member for Melton has had a good go. This is an absolute scandal and disgrace, and every member who was a minister in the former government Dr NAPTHINE — The remediation works have and who sat around the cabinet table and was party to included the demolition and removal of many old these decisions should hang their head in shame. They buildings, with the exception of the historic Dee should apologise to the people of Victoria for this waste Cottage which was built in 1880 and has a historic and mismanagement — and this is not the only waste overlay; that has been retained. There has also been the and mismanagement they should apologise for. They removal of significant amounts of old roads and should apologise for myki, an absolutely disgraceful concrete structures. There have been massive waste of money. They should apologise for the absolute earthworks and capping undertaken on this site; the scandal of the desalination plant that is costing people capping with clay soil and other soil is up to a metre $2 million a day for the next 30 years. deep to protect the site. Honourable members interjecting. All the works have been undertaken with appropriate expert advice and under the supervision of the The ACTING SPEAKER (Mr Morris) — Order! Environment Protection Authority, and they will effectively seal contaminated material under that Dr NAPTHINE — In 2006 the Labor government capping. A site that was highly contaminated was promised never to take water from the north to the purchased by the previous Labor government and south, and then at a cost of $750 million we have a personally authorised by John Brumby for white elephant of a north–south pipeline. They should $13.5 million when it was worth only half a million apologise and the former Minister for Racing should dollars and was facing massive clean-up costs. apologise — —

Ms Pike interjected. Honourable members interjecting.

Dr NAPTHINE — We know that the member for The ACTING SPEAKER (Mr Morris) — Order! Melbourne is interjecting, but she sat around the cabinet table when this waste and mismanagement took place. Dr NAPTHINE — The former Minister for Racing She was part of the decision-making process and ought should apologise for his involvement in the absolutely to bear some responsibility for the cost to Victorians of disgraceful and abysmal mismanagement of the this financial scandal. I wish to advise the house that the electronic gaming machine sale. The Auditor-General cost of remediation works undertaken by the Port of said, ‘These should have been sold for over $4 billion’, Melbourne Corporation which commenced in February yet they were sold for less than $1 billion: $3 billion this year was approximately $14.5 million. I flushed down the drain because of the incompetent congratulate the Port of Melbourne Corporation for mismanagement of the former Minister for Racing, delivering this outcome and making a silk purse out of who was also the former Deputy Premier, and his a sow’s ear at a much lower cost than the $70 million cohorts. It is an absolute disgrace, and it comes on top upper estimate suggested by the Auditor-General in of the decision that the former Minister for Racing was 2007. involved in when the then government decided in 2008 to take away from the racing industry access to 25 per The coalition government was elected to fix the cent of its revenue from Tabcorp gaming machines. It problems it inherited from the previous Labor was an absolutely disgraceful decision, and I am sure if government, and it is fixing them at a much lower cost he had his time again even the former Minister for than was previously estimated. The land is almost ready Racing would reverse that decision, because he regrets for use and will be made available for lease. It is that decision and knows it hurts racing. interesting that the land will be leased, hopefully to people associated with port usage who can make good The ACTING SPEAKER (Mr Morris) — Order! use of the land. When the land was originally purchased The nature of the grievance debate is of course robust, by John Brumby it was because it was absolutely but the cause of the house is not advanced by members essential to the future of the Port of Melbourne shouting one another down, and I am not going to put Corporation. Now we find that the Port of Melbourne up with such behaviour continuing. Members should by Corporation is saying that it inherited this basket case. all means enjoy robust debate, but shouting people We fixed it up at a cost of $14.5 million, we are going down is not acceptable.

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Government: performance own false promise of integrity. Integrity does not come naturally to this government, in the same way that Ms HENNESSY (Altona) — I rise to grieve for the making false promises does. people of Victoria, who for almost nine months now have been subjected to a government without a shred of Let me talk a little about the ministerial code of integrity. As this government approaches its first year conduct. When I consider the turnover that it would milestone it is worth the house taking the time to reflect have caused on his front bench I can understand why upon how this government has stood up to its promise the Premier may have been dragging his feet. Because to the Victorian people that it will govern with integrity. within weeks of making this promise the government When I look around all I see is a dark and wild field was caught red-handed offering cash for access — littered with inflated expectations, arrogance, hubris 10 ministers, cocktails for 300 and all funds to the and dashed hopes. We must remember that on the day Liberal Party 500 Club. When the Premier was the Premier was sworn in he promised the people of confronted about the appropriateness of this activity he Victoria that he would behave with integrity and deliver tried to tell Victorians that this event was not a a government that was open and transparent. Unlike fundraiser but was just a get-together — a get-together most people who might have a bit of a go at trying to run by the Liberal Party fundraising body. meet that commitment, this government has barely honoured that commitment in the breach. It has done Who was at the event from this government that was so nothing and it has delivered nothing. tenaciously committed to integrity? There was the Minister for Ports, there was the Minister for Education, What is more worrying is that there is nothing stopping there was the Treasurer and there was the Minister for it from delivering on its promise to act with integrity, Health. They were all at the event. Whilst maintaining except its own self-interest and cynicism. It is a that this was just a get-together, which happened to be particularly loathsome cynicism that drives people to run by the Liberal Party fundraising body, Mr Baillieu’s promise something that they have absolutely no office refused to provide a list of who had attended. intention of doing. It does nothing to enhance our That begs the question: if it was not a fundraiser, if it Parliament in the minds of those it purports to was just a simple get-together, what did Mr Baillieu represent. have to hide?

A quick survey of the field when it comes to the After the February soiree the Premier gave a government’s promises, policy commitments and commitment that there would be no more ministerial public statements is that they are at their most attendance at Liberal Party fundraisers. He did say there meaningless when they relate to integrity in would be no more until his ministerial code of conduct government. On his own website the Premier had been released. Back then the Premier said that the announces: code of conduct would cover ‘ministers and staff, fundraising and gifts and hospitality’ and he said it The coalition is committed to achieving the highest standard ‘would be promptly released’ — this was in in government integrity by establishing new bodies and new powers to root out corruption and ensure every Victorian can February — ‘to provide greater clarity for MPs about have faith in government and elected officials. the sort of activities that were appropriate’. Victorians were waiting then — and we are still waiting. These words have been there for almost one year now, but as yet we have seen neither hide nor hair of an While we were waiting, despite the fact that the IBAC (independent, broadbased anticorruption Premier had a ban on his ministers attending commission), a ministerial code of conduct or an FOI fundraisers, what did we have on the morning of the commissioner. When Victorians ask this government Victorian budget? We had the Treasurer attending a about this they are told that the government is ‘working budget breakfast organised by — you guessed it — the on them’. Meanwhile we discover ongoing Liberal Liberal Party 500 Club. This was despite the Premier’s Party fundraisers, Liberal donors benefiting from alleged kybosh on his ministers attending fundraisers. government planning policy, and a shoddy approach to When confronted about this issue what did the FOI and FOI requests being processed in the Premier’s Treasurer, Mr Wells, say? Mr Wells said that this was office. They have had the time and the resources to not a fundraiser because the event only broke even. I deliver on this promise. have to tell members that when it comes to integrity in government, there is no breaking even — you either When it comes to integrity we know that the coalition have it or you do not. However, I do understand why flesh is weak; but what is most concerning is that its you would put the Victorian Treasurer in charge of spirit is also completely unwilling to step up to meet its fundraisers that only break even: because if the

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Victorian Treasurer is involved, the Liberal Party Allen, I might add, that the government has appointed fundraisers will always break even or be in debt, and on its IBAC advisory committee. that appears to be the government’s get-out-of-jail card. Even his own party is criticising the Premier. I note that More recently the Baillieu government has been in in early July the Age reported: strife in respect of Business First and its fundraising activities. I will briefly refer to an event that occurred According to a senior Liberal source who is closely involved, the party is now ‘$2 million in the soup’ because of the on 24 May at Parliament House. The event was ‘glacial approach’ adopted by Mr Baillieu and his senior staff. attended by the planning minister, again despite the Premier’s alleged kybosh on attending fundraising In late July this year the Age also reported that events. The 24 May shindig was also attended by a Mr Baillieu would not say who was developing the development industry lobbyist, Mr Geoff Leigh, who of code or if, when it was finalised, it would bar ministers course was the former Liberal Party member for from functions hosted by large corporations. As Mordialloc. The Age has reported that the planning reported in the Age Mr Baillieu said — now wait for it, minister has refused to make public how many times he because this will give you a great, big belly laugh: and his staff have met with Mr Leigh since the election. I’m not going to pre-empt the code that we’ve put in place. How did the government attempt to deflect attention We’ve been focused on governing this state and we’ll get round to — away from yet another fundraising event? Its pathetic excuse this time was, ‘This was not a fundraising event it. I do not know what is more laughable, the Premier’s because — well, because we say it wasn’t’. I am a fan mendacious assertion that he has been too busy of George Orwell, but never before have I heard such governing the state or, what is more disturbing, that the an Orwellian defence: ‘This is not a fundraiser because Premier seems to think that integrity ought to be an we deem it not to be’. Even though it was an event afterthought and that he does not think that governing organised by a Liberal Party fundraising body, even with integrity is something that he can achieve. If we though those who attended were very clear about what judged him on his present conduct, he would indeed be they were paying their money for and even though this right on that assertion — ‘We’ll get around to it. We’re money was subsequently and inconveniently declared too busy conducting fundraisers that aren’t fundraisers’. very late to the Australian Electoral Commission as fundraising money, the government simply says, ‘This Six months ago the Premier announced there would be wasn’t a fundraiser’. the creation of a code of conduct for ministers and their staff. In that time we have seen ministers and advisers Perhaps we understand why this government has failed run a campaign against the police commissioner, the to deliver on its code of conduct. It has failed to abide undermining of the Director of Public Prosecutions, by its own freeze on fundraisers. It has failed to deliver secret payments from the Liberal Party fundraisers to on its promise to require public records to be kept of all pay for legal expenses, the acceptance of secret funds meetings between ministers, their staff and lobbyists. from developers and Liberal Party mates involved in The Premier has stymied, delayed and dithered on the what can only be described as shoddy corporate delivering of his code of conduct, and is it any wonder? behaviour. Perhaps the code is taking so long because Week after week questions are raised about the the Premier is in fact looking for a way to water it standard of conduct of the government’s own front down. It is a sham commitment and a sham code. That bench. This Premier has failed to deliver a government is because integrity does not come naturally to this that has behaved either properly or appropriately. government in the same way that making false promises does. Recently I asked the Premier about the code of conduct in the Parliament and he said, ‘It will be delivered this Let us also look at the delay in the establishment of the year’, despite in February saying it would be out and IBAC. The IBAC was going to be the integrity released promptly. I make the point that the centrepiece for this government, and we have been development of a ministerial code of conduct is not waiting for at least two months. It is overdue now given rocket science or a deeply onerous task; there are that it was meant to be operational on 1 July. In June various jurisdictions from which the Premier could this year the best the Premier could say was that he was borrow. But when one goes to the Premier’s own not quite sure when the IBAC legislation would be Department of Premier and Cabinet website and introduced. I now understand why an IBAC might be a conducts a search, what pops up? A draft ministerial slight inconvenience for a government that has behaved code of conduct, the one that was developed by in the way the Baillieu government has, especially with Elizabeth Proust and Peter Allen — the same Peter the recent revelations about our planning system. Let us

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Wednesday, 31 August 2011 ASSEMBLY 2911 not forget that on 19 July the Age revealed that Liberal not, after what we have had to listen to from the other donors were poised to hit paydirt. The Age reported that side of the house? Who would not want an opposition three people, and I quote: that would own up to wasting billions of dollars; one that had even one policy; one whose members did not … all with close links to the Victorian Liberal Party — are spend all of their time making personal attacks; one that poised to share in a $500 million bonanza from a controversial land rezoning on Melbourne’s fringe by the stood up for Victorians, not its colleagues in Canberra; state government. and one that had an understanding of job creation and the role of business in creating jobs, of productivity and The paper went on to report that these people have of economic strength, growth and stability? directed thousands of dollars into Liberal Party coffers and that they will be among the first beneficiaries of the The Labor Party boasted of a AAA credit rating when it Baillieu government’s move to open up green wedge was in office. Everyone knows that it is what underpins land to housing and commercial development. the economy that is important. Even the United States maintained its credit rating before and throughout the Among those involved has been Mr Leigh, a former global financial crisis, so those opposite have nothing to member for Mordialloc and now a development boast of. The truth is that the fundamentals were not industry lobbyist, who seems to hang out with the maintained under the former Labor government. There Minister for Planning at soirees that may or may not be was sliding productivity. I suggest that those opposite fundraising events. But last month the Age revealed that look up the word ‘productivity’ in the dictionary. A Mr Leigh had founded Business First and that Business lesson for the Labor Party is that when the population First had breached electoral laws by failing to declare increases, our output needs to increase, and that tens of thousands of dollars in donations to candidates improves productivity. It does not stay the same, and it who now sit on the government side of the house. should not decrease.

This government continues to lurch from crisis to crisis An honourable member interjected. when it comes to integrity. Integrity does not come naturally to this government. Is it any wonder that it is Mr Nardella — Is it in the Macquarie? dithering and delaying with regard to the establishment of a freedom of information commissioner? Is it any Ms RYALL — I think the member opposite who is wonder that it has installed a freedom of information calling out would be wise to look up productivity politburo in the Premier’s office to ensure that the because both of the things that happened under the Victorian public does not get unfettered access to core former Labor government caused a slide in documents that demonstrate how all is rotten to the core productivity. In other words, if the population grows in this government? Is it any wonder that we feel but our output does not, then productivity goes frustrated by the fact that there are now over backwards. When productivity declines we have an 5000 unanswered questions on notice under this unstable economy and we are vulnerable. Victorians are government? The Premier stood before the people of vulnerable, our economy is vulnerable, and that is what Victoria and promised to be open and transparent. He we saw under the government of those opposite. promised to act with integrity. Is it any wonder that we Improving productivity means working smarter; it now have the Ombudsman ticking off the Premier’s means improving efficiencies. Instead we have no office with respect to how it is administering FOI improved — — applications? This comes on top of the government simply putting its head in the sand over its shoddy Honourable members interjecting. involvement with Liberal Party fundraising. Mr R. Smith — On a point of order, Acting In normal circumstances, under our wonderful system Speaker, I ask that you afford the member for Mitcham of democracy, governments are trusted by the people a little protection from the constant chatter coming from they represent, but it seems that we do not live in opposite. normal circumstances. Integrity does not come The ACTING SPEAKER (Mr Morris) — Order! naturally to this government in the same way that I made the point before I called the member for Altona breaking promises does. that — —

Former government: performance Mr Noonan interjected.

Ms RYALL (Mitcham) — I grieve for the people of The ACTING SPEAKER (Mr Morris) — Order! Victoria who want a credible opposition. Who would The member for Williamstown! I made the point before

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I called the member for Altona that the nature of the its system was flawed but did nothing about it. That is debate is obviously robust but shouting people down another $4100 million that Victorians will not see used and constantly interjecting does not assist the work of to provide services in this state. What did members the house. If necessary, I will ask the Speaker to return opposite do? Did they pick up the phone? Did they ring and deal with people. I do not want to take that step so I the federal government and say, ‘No, don’t do it; don’t ask that we show some courtesy towards our do it to Victorians’? I do not think so. There was not a colleagues. word, not a whisper. Not once did members opposite stick up for Victorians. Not once did they pick up the Ms RYALL — In other words, if we have phone to call the federal government and say, ‘Don’t do population growth and our outputs do not increase, we it to Victoria’. are in effect going backwards — we put the Victorian economy under stress and we cause instability for our It is said that ignorance can be fixed but stupidity economy. We need to work harder, smarter and more cannot. I am not quite sure which one applies here, but I efficiently. Under the former Labor government we had know of some good undergraduate courses in no improved efficiencies; we actually had productivity economics and financial management that those going backwards. The Victorian Labor Party is a little members opposite might be interested in. I grieve for bit like an athletics club that has set a record of Victorians who want the state Labor Party to stand up 35 seconds for the 100-metre sprint. Labor Party for them. They want the Leader of the Opposition to members cannot quite figure out why no-one is taking stand up for them. They want him to pick up the phone any notice of them, no-one is interested in what they and ask Julia Gillard, the Prime Minister, to not do what have got to say, no-one invites them anywhere and she is doing to Victoria and to say, ‘Don’t implement a no-one wants them anymore. One can only imagine in carbon tax now. We cannot afford the stress on our their party room meetings their self-congratulation and manufacturing industry and small businesses — and patting each other on the back, while on this side of the there will be a cost in terms of jobs for Victorians’. I house we are left to deal with a legacy of waste and call on the Leader of the Opposition to pick up the mismanagement — billions of dollars having been lost phone. and wasted under the former government — and to try to manage the state to provide Victorians with the I grieve for the many small businesses that keep this services they need. country going. They are faced with a carbon tax that will make it harder to stay in business. Having run a I grieve for Victorians for the lost billions of dollars, business, I understand how hard it is to stay in business. which is money they will never see, including the loss It is businesses that create jobs, and businesses need of $3 billion in gaming revenue — that is, stability at a time of global economic uncertainty. $3000 million — that Victorians will not see — — Recently a business owner called me at the Mitcham electorate office. He was imploring the federal Mrs Victoria — How much? government not to introduce the carbon tax. His energy bills are very high, and they are going to go higher. He Ms RYALL — It is $3000 million lost, thanks to is not sure his business can sustain them. He employs the former member for Mitcham and the members of a approximately 22 people. He is not sure whether he is former subcommittee of cabinet who collectively had going to have to say goodbye to those jobs, goodbye to no experience in commercial practice outside of their his business and goodbye to his staff. political careers. They blame everyone else, do not look at their own circumstances and situation and say, ‘They Victorians want the state Labor opposition to pick up were to blame’. the phone and call the federal government and say, ‘Do not introduce this tax now’. How many other business The desalination plant will cost Victorians nearly owners are going to find themselves in the same $2 million every day for the next 30 years. Tim’s tax circumstances, including facing the same increasing means Victorians will pay nearly $2 million every day energy costs and no personal compensation, as the for the next 30 years. I grieve for the billions of dollars business owner in the Mitcham electorate who called of project cost overruns, including the cost overruns of me? myki, smart meters, the north–south pipeline and HealthSMART. I believe every IT project ever Mr Nardella interjected. undertaken under the former government had cost blow-outs. There was a failure to manage. The federal Ms RYALL — The member opposite plays a Labor government took $4.1 billion in GST receipts fictitious violin. I can see he has absolute disregard for from Victoria. The federal Labor government admitted people in small businesses who actually create jobs.

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Opposition members carry on about jobs as if they are used to playing in the dirt. They set up a dedicated dirt not real, but employers and business owners in small box and have the audacity to talk about integrity in this businesses take risks and create jobs. Here is the house. confusion: Labor wants employers to create jobs, yet they hate employers and they hate business. Labor is Mr Foley — You would be surprised what we know stuck in the last century — or, hang on, the century about you. before — and in a pre-industrial revolution class warfare mentality. Labor members want the people Ms RYALL — That is so true to form. Those they hate to create jobs. I find that a little bit hard to opposite cannot look at themselves and their own understand. It is an illogical position — it is totally at performance; they are interested in only dirt on others. odds with itself — yet they expect us and Victorians to The comment from the member for Albert Park just take them seriously. then absolutely demonstrates that. The Melbourne Times Weekly of 3 August tells us that we have a major If businesses were horses in a horse race and Labor was ALP branch, the Collingwood Fitzroy ALP branch, the handicapper I think we would see something like calling on the opposition to support establishing 150 kilogram weights strapped around every horse in injecting rooms in the middle of residential areas. Yet the race. Labor members would expect the businesses the Labor Party is saying, ‘No, that’s not our policy’. to run the race. They would expect them to run the race Labor members are confused and bereft of ideas in a and break records, but then they would castigate them policy-free environment. They are flapping around in for not doing a victory lap after the race to wave to the the wind, not sure of what direction they are heading in. crowd. That is what they are doing to business by They put upward pressure on the cost of living. They supporting the carbon tax at this time and by not will not pick up the phone to Canberra. They were in standing up for Victorians. They are putting a lead power and now they are out of power. They keep weight around small and medium businesses, calling on this side of politics to manage the economy, manufacturing and those things that will create jobs and yet they have put cost of living pressures on every economic stability in this state. Victorian in this state, and they are calling for further cost of living pressures. They will not pick up the I grieve for Victorians who have not seen a single phone to the Prime Minister, Julia Gillard. They will policy come from the Victorian Labor Party; it has not not do anything; there is absolute silence. There was not brought out a single policy. No-one knows where it a word from those opposite when Victorians were stands. It is so bereft of policies that it is even sending clearly saying, ‘No, not now’. The Leader of the out its new MPs in search of a policy so a policy can be Opposition is Dan the Man with no plan. found. There is also the dirt post office box. The public has been called upon to supply dirt to the Labor Party; I grieve for those Victorians who want a credible the Labor Party is used to playing in the dirt. The Labor opposition instead of an opposition that is known for Party is so used to playing in the dirt that it has set up a smear campaigns and personal attacks. We heard earlier dedicated dirt post office box. There are contradictions name calling across the chamber. The Deputy Leader of all around. There have been letters to the dirt box that the Opposition seldom puts a tweet on Twitter that is have not been answered. not a personal attack on somebody. The constant smear campaign and innuendo is not becoming of elected In a letter to the editor in the Age of 6 August, David members of Parliament. I sympathise greatly with and Davies from Newport said the letters that he wrote grieve for the Victorian people who long for a credible when he was an ALP member to make complaints opposition. about branch stacking, the misuse of union affiliation and other unethical actions to Martin Pakula, a member Liberal Party: political activity for Western Metropolitan Region in the other place, and to Labor Party officials, went unanswered. He sent Mr DONNELLAN (Narre Warren North) — I Mr Pakula copies of these unanswered letters and sent a relish the opportunity to deal with various matters. new one to the dirt box. But guess what happened? It There are many grievances that need to be ventilated. was not answered. We have a dirt box coming back in Specifically I want to talk about the tentacles of the but no answer to the dirt that is being supplied. Liberal Party reaching out to various local councils and the undue influence the Liberal Party has over various Opposition members do not want to look at themselves, council decisions. Local government is an inappropriate they do not want to examine their own consciences, area for members of Parliament to be interfering in. they do not want to deal with anything. It is interesting that those opposite talk about integrity when they are

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Let us look at some evidence of interference. One First sent out. This is the same group that forgot to put councillor specifically is a bit of a mummy’s boy. His in its annual returns to the Australian Electoral name is Cr Paul Peulich. I have recently had drawn to Commission. The first one has a lovely picture of my attention an email from Cr Paul Peulich to John Mr Guy smiling as if to say he is always available to Nevins, the CEO of the City of Kingston. This email assist. On the front page it states that a meeting with deals with one specific issue, and that is notice of a Mr Guy will cost new and existing Business First motion that Cr Peulich wanted to have moved. This members $60 — that is not bad — or $100 if the notice of motion relates to an upper house inquiry into member wants alcohol and lunch. There we go; there is public transport. Halfway through the email the notice the smiling minister ready and available to assist! of motion appears, and clearly it is exactly the same as the one that appeared in the City of Kingston minutes The next one, hosted by the Carrum and Mordialloc and notice paper. Electorate Conferences, features two smiling blonde cherubs; they have big smiles, white teeth and a little bit Unfortunately what someone had forgotten to do — of light behind them — it is a little bit saintly; they must and I guess it was the councillor himself — was remove be going for the Christian vote, I would suggest. It the identifier, which showed that this email actually looks as if someone has been doing a bit of airbrushing. came from Andrew Dosen, an electorate officer for That one costs $50, so that is not bad; it is a little bit Inga Peulich, an MLC for South Eastern Metropolitan cheaper. Region and the Parliamentary Secretary for Education and Parliamentary Secretary for Families and The third one I love most of all. The third one is for the Community Services. It appears as if this councillor has Treasurer. Guess what? There is no shiny picture of the an inordinate amount of time to focus on upper house Treasurer; there is no smile unfortunately. Best of all he matters. His agenda is obviously being driven by his is a bargain; a meeting with him costs $15 to $25. It is mother — surprise, surprise! It is something which we Ken Bruce has gone mad time! You have to pay $60 to were told was totally inappropriate when we were in $100 for the planning minister, $50 for two members of government. Parliament and Mrs Peulich, but you can get the Treasurer for $15 to $25 — that has to be the bargain of Another matter which has been drawn to my attention the century! He is an absolute bargain; I cannot believe involves another email from the same gentleman in the he is so cheap. Obviously no-one wants to attend and office of a member for South Eastern Metropolitan they cannot give him away. I thought that was all right, Region in the upper house. It is an invitation to all the but then this stuff blew up and the member for local Liberal members of Parliament to catch up with Mordialloc had a fireside chat with Royce Millar in the City of Kingston. It is a nice little invite. The email Braeside to clear the air over what went on there. from Andrew Dosen of the office of Mrs Inga Peulich, Unfortunately it did not seem to clear the air; it just MLC, states: ventilated the story a little bit, which I thought was rather amusing. I heard some of the friends of the This meeting will be critical to determining the direction in member for Mordialloc were not too impressed by that. which we tackle the Kingston municipality … I do not know what that means, but the term ‘tackle’ is But then I came across the 500 Club. That involved an aggressive term. Obviously there have been some even more joy. Justin Lethlean, whom I know, is a concerns in relation to the City of Kingston and the well-known specialist in property and planning. There federal Liberal members. I noticed the federal member is an invitation to 500 Club members, and the best thing for Goldstein, Andrew Robb, refused the invitation. I about it is the fact that you can get the Victorian do not know who else got an invitation. The email goes government’s ministerial code of conduct before its on to state: upcoming release. How marvellous! No-one has seen this code of conduct but somehow or other the … and Inga would like to know if you will be in attendance. 500 Club will get it before the rest of us, which is pretty good. In other words, we have a situation where the Obviously we have another staff member of a member 500 Club members will probably know more about of Parliament being involved in council activities, what should be done in relation to the ministerial code which I thought was considered outrageous by the other of conduct and fundraising than the public of Victoria side some time ago but now seems to be appropriate knows. Maybe we should send some people along to behaviour. that special briefing that is being offered by the Liberal 500 Club. The most fun involves Business First. I was fortunate enough to receive copies of the invitation that Business

GRIEVANCES

Wednesday, 31 August 2011 ASSEMBLY 2915

I want to get onto some other things which outraged me Mr Abercrombie told the Age: recently. I received an invitation from the Casey Demons Supporter Group. It came to my email inbox I did meet with the ANZ Bank to discuss a debt facility for DRN … They asked many probing questions which led me to and was addressed to Casey members of Parliament engage Promentor to investigate DRN. Save for being cc’d and Casey councillors. It came from a gentleman called without notice, I was not involved in the communication Gary Anderton. We know Gary Anderton has a rich between Mr Tescher and Mr Evans. history. If we remember correctly from the Age and the Herald Sun, this was a gentleman who called I have an email here which quite clearly identifies that Aborigines congenitally drunk and violent, so I was Mr Abercrombie had direct discussions via email with very concerned when I saw that this gentleman was part Mr Tescher of Promentor. It says: of the Casey Demons Supporter Group sending out Please leave it to me to explain proceedings to BE — invitations to meet — guess who? — Liam Jurrah. I have let the Melbourne Football Club know that this Brian Evans — gentleman is probably not the appropriate man to be sending out invitations in relation to such a fine relates to a potential funding source. Aboriginal footballer, especially when he goes round What I have is a group of emails which highlight that calling Aborigines congenitally drunk and violent. It is these businessmen were playing ducks and drakes. quite concerning. I know that the Melbourne Football They were trying to set up Trojan horses and pretend Club was quite horrified when it heard about that and that they were doing it on behalf of the ANZ Bank. The will be dealing with it accordingly and reasonably ANZ Bank has said quite clearly that it had never had quickly. an involvement with this group called Promentor, but I have emails here which quite clearly identify that there Best of all, I came across another thing. We call it the were discussions between Mr Abercrombie and Max Moose special. It is a marvellous recruiting tool. Mr Gary Tescher. At the end of the day his statement in Cr Ben Clissold from the office of Lorraine Wreford, the Age does not appear to be correct; it appears to be MP, has a little website, and it has links to the Young dishonest. Liberals and encourages young Liberals to join and so forth. The best thing it does is promote places like Icon, I think this needs to be dealt with. I think it is The Loft and Spy Lounge — places which have lost incumbent upon the Premier to deal with this issue. their liquor licence. I do not know what messages we You cannot have a treasurer at the peak of the are sending there. It promotes cheap drink cards, short fundraising effort of the Liberal Party who is under dress competitions, stripping competitions and question, who appears to have potentially been dildo-swallowing competitions. I do not know whether involved in insider trading and who appears to have they are the messages we should be sending to the been playing Trojan horses. That is simply not youth, but maybe it is something the Young Liberals appropriate. Why did the Costello and Kroger forces enjoy greatly. Maybe it is something that gets the withdraw their support for his running for the seat of young Liberals to come along and join, but I am not Higgins? Did they know something that we do not sure that they are appropriate messages. This is the know? Did they actually smell the wind and decide same Cr Ben Clissold who was able to secure training they would withdraw their support? The Premier did facilities at the Narre Community Learning Centre for not. He actually appointed Abercrombie as treasurer. the Liberal Party before the last election. I would hope, given he was the chair of that organisation at the time, It is quite amusing that we have one faction of the that an appropriate fee was paid for the use of that Liberal Party deciding Abercrombie is not good enough training centre. for the seat of Higgins and another lot actually appointing him as treasurer to be at the peak of their I think what is most concerning is what we saw in the fundraising effort. We know their fundraising efforts Age this morning, which was an article in relation to are dodgy. We have looked at Business First and we Andrew Abercrombie. It states: have looked at dodgy things. You can get the Treasurer for a bargain from these groups. The Treasurer is only Leaked … documents reveal that Mr Abercrombie, the Liberals’ Victorian branch treasurer, was party to a plan to worth $15. dupe fellow businessman Brian Evans into releasing confidential information about his telco company, Digital I would have thought it is incumbent on the Premier to River. deal with this issue head on. You have to wonder why Mr Abercrombie has not taken out proceedings against I am fortunate enough to have copies of those emails. the Age. If he has been defamed so badly, why has he

STATEMENTS ON REPORTS

2916 ASSEMBLY Wednesday, 31 August 2011 not taken action? I would have thought that proceedings pressures that will confront the state and the Victorian would have started, but no, proceedings have not community over the next four or so years. started. When the Premier was asked about this his defence was hardly glowing. This is a media The government came to office with an agenda for conference transcript from 2 August 2011. It states: openness and accountability, and I think it was very reassuring to see that commitment reflected during the Well, he’s going to make a statement about it, and when he’s budgetary process in the work done in presentations to made a statement about it, then you can ask me a question. the estimates hearings. The presentations to the That was all he said. If this is a defence of his mate, estimates hearings are a work in progress that has been God help his mate. At the end of the day that is not a ongoing for many years. I have no doubt that it is a very good defence. This guy is a joker. process supported by members on both sides of this house. Even if perhaps at times it is not supported by You cannot avoid dealing with serious questions like the executive, I believe it is a process during which we this. If this were the head of the Labor Party’s are all striving for improved understanding and clarity fundraising effort, those on the other side would be with regard to both the estimates process and the budget squealing at 100 miles an hour. But since it is the papers themselves. Liberals, there is one rule for the rich and one for the poor. This Premier has not dealt with any of the issues With the change of government there have inevitably of substance here; he has avoided them. All he has said been changes to the structure of the document, as of is ‘Well, he’s going to make a statement about it, and course there have been changes in terms of the new when he’s made a statement, then you can ask me a government’s priorities. Some programs have been question’. They asked him a question, and he still did discontinued and some have been varied. Significant not answer it. cost pressures arise from both the revenue and expenditure sides of the budget, and there are also Honourable members interjecting. public sector wage pressures with which we need to deal every four years or so. We have a significant The ACTING SPEAKER (Mr Weller) — Order! number of cost overruns and what appears to be a Those members not in their places should remain quiet. substantial decline in economic conditions; there is certainly a substantial slowing in economic growth. In Mr DONNELLAN — Thank you, Acting Speaker, their own way all of these aspects create pressures. In for defending me against that rabble. I needed that terms of pressure, perhaps the single most significant defence. This is a disgrace. The fundraising of the item is a substantial reduction in the state’s share of the Liberal Party is also a disgrace and needs to be fixed goods and services tax. up. Some of the key themes in the budget reflect both the Question agreed to. changes and the pressures. There is an emphasis on strengthening Victoria’s finances, on boosting the state economy, on the flood response, which was entirely STATEMENTS ON REPORTS unanticipated but has been incredibly costly in both Public Accounts and Estimates Committee: human and financial terms, and we are all aware of cost of living pressures. There are the challenges of budget estimates 2011–12 (part 1) community safety, of rebuilding the public transport Mr MORRIS (Mornington) — It is a pleasure to system, of promoting continued growth and prosperity have the opportunity to make some further comments in regional and country Victoria, of improving the about part 1 of the Public Accounts and Estimates health and hospital systems, and of maintaining a Committee report into the estimates hearings for the credible emphasis on education and skills, which is a 2011–12 budgetary year. I made some preliminary very important part of what we do as a state. We also comments about this report on 1 June when I talked have an emphasis on supporting local communities and about the general structure of the report, its background, on integrity in government. the process for the hearings and in particular the I commend the Treasurer and his department on their substantial editorial changes that have been made to the work in presenting this budget. I am sure that the work report. Today I want to concentrate on some of the key undertaken so far is but a precursor for improvements issues raised as part of the estimates process. If time in budgets to come. The document is a valuable permits I will also talk about some of the budgetary summary of government initiatives, and I commend it to members.

STATEMENTS ON REPORTS

Wednesday, 31 August 2011 ASSEMBLY 2917

Public Accounts and Estimates Committee: last week, telling schools in my electorate — budget estimates 2011–12 (part 1) hardworking teachers and enthusiastic students — that their funding for coordination of VCAL will cease at Ms GRALEY (Narre Warren South) — It is a the end of the year. pleasure to speak on part 1 of the PAEC (Public Accounts and Estimates Committee) report on the The Minister for Education told PAEC that there will 2011–12 budget estimates. I will focus my remarks on be no impact on front-line services and no job losses the education hearings and particularly on the resulting from the $480 million cut. But VCAL is a transcripts of the contributions of the Minister for front-line service. Over 400 students at Narre Warren Education and the Minister for Higher Education and South P–12 College do VCAL, and the suggestion that Skills. When reading the transcripts you are left in no a cut in coordination funding will not affect the delivery doubt that both ministers had to defend at length the of that service is not true. As for the minister’s promise Baillieu government’s $480 million worth of education of no job losses, if there is no VCAL coordination cuts. I put it on record — and I am very saddened to say funding, there are no coordinators and no teachers. this — that they were defending the indefensible. As Teachers’ jobs will be axed. It is no wonder the Baillieu we know, education is the key to a good job and a government does not have a target for job creation stable future, but I do not know whether the junior and when it is actively undermining the abilities of our the senior ministers for education know that a typical young people to secure a job after they finish school. classroom is not for everyone. I note in the PAEC transcript that the Minister for The previous government was committed to ensuring Higher Education and Skills takes credit for funding the that every young person had the best possible education Berwick trades career centre at Chisholm TAFE. As that suited their needs and interests, which is why we has been the case with many of the worthwhile projects invested heavily in higher education and training. We that Labor took to the last election, the Baillieu are particularly proud that we established the Victorian government had to be dragged, kicking and screaming, certificate of applied learning (VCAL), which has seen to deliver this project, and while I was pleased that the many young people who otherwise would not have trades career centre did not fall victim to this done so finish school. Victorian retention rates are government’s cruel and callous education cuts, I was good, and given its policies and education cuts it will be shocked by the government’s decision to scrap the a challenge for this government to maintain those high apprenticeship completion bonus. This move has put retention rates. This is particularly so in rural areas. the jobs of 14 000 apprentices at risk, many of whom VCAL has given many young people the opportunity to live in my electorate. be job ready when they finish school. The PAEC hearing transcript shows that when In the PAEC transcripts both the Minister for Education questioned about this the minister admitted that and the Minister for Higher Education and Skills are previous ministers managed to secure funding every reported as dismissing the $480 million of cuts from the year for this program but he was unable to do so this department of education as not having a significant year. His excuse that it is a lapsing program decodes to impact on front-line services. I was astonished by this mean: just another cut to education. argument as it appears in the PAEC transcripts, as it defies logic. How could the government remove I recommend to members of Parliament that they read $480 million from education without negatively these transcripts, as it is very unfair on the impacting on services? Not content with slashing students — — much-needed funds for literacy and numeracy The ACTING SPEAKER (Mr Weller) — Order! coordinators and backing away from the School Start The member’s time has expired. bonus, now months after the PAEC hearings — and it would have been good if they had fessed up to this at Public Accounts and Estimates Committee: the time — we are seeing the government making a budget estimates 2011–12 (part 1) cruel and callous cut in the Victorian certificate of applied learning coordination funding. It was a cut that Mr ANGUS (Forest Hill) — It is a great pleasure to government members wanted to sweep under the rise today to make a brief contribution in relation to the carpet. They were not up-front and honest about their part 1 report of the Public Accounts and Estimates intention to cut VCAL funding when the ministers Committee that was tabled earlier this year in this appeared before the committee in May. Instead, schools house. and VCAL providers found out about this substantial cut in their funding at the end of a memo sent to them

STATEMENTS ON REPORTS

2918 ASSEMBLY Wednesday, 31 August 2011

I have the great privilege in this Parliament to serve on outworking of the electoral commitments made by the the Public Accounts and Estimates Committee with my incoming coalition government. This is the way, in a colleagues the member for Mornington in this place and summary position, it records the various components of in the other place a member for Eastern Victoria, the government’s program. One of the important Mr Philip Davis, and a member for Western Victoria, aspects of the Public Accounts and Estimates Mr David O’Brien. Committee’s work is to ensure transparency and accountability in government expenditure and revenue. The committee’s report consists of three parts. The first The committee has the opportunity to explore the of these parts provides analysis of key aspects of the annual budget in significant detail and to assist the 2011–12 budget. As we have heard, in May this year Parliament in this process. As I said, this is a way of the committee held 48 separate sessions totalling being of great assistance to other members in this place. 54 hours of public hearings, and they proved to be a very interesting and informative time for all involved. I The report that I am referring to, part 1 from the Public might say in passing that this was a culmination of an Accounts and Estimates Committee 2011–12 hearings, enormous amount of work by a range of people in is a result of a lot of hard work from a lot of people. It making those hearings happen, so my congratulations certainly provides a good overview of the initial phase to all involved. of the budget estimates process, and it provides a very handy reference point to go back and have a look at that Part 1 of the report includes an analysis of the key first element in the production from the Public aspects of the 2011–12 budget, including a number of Accounts and Estimates Committee, and by doing so, recommendations. It also includes an index of key to see a summary position, particularly in relation to the matters raised at the budget estimates hearings and goes various departments and the aspects of their work and on to contain details of further information to be budgeted efforts for the year 2011–12. provided and questions on notice for each portfolio. As I said, the report provides a key analysis of all aspects I commend the report to members. of the 2011–12 budget detailed by department, and so it is a worthy tome to be reviewed by all members in this Public Accounts and Estimates Committee: place so they can gain more understanding in relation to budget estimates 2011–12 (part 1) this process. Mr NORTHE (Morwell) — I wish to make a few From the report we can see the summary position in comments today with respect to the Public Accounts terms of the total revenue for the state: in 2011–12 it is and Estimates Committee (PAEC) report on the 2011– estimated to be $47.4 billion. The total expenditure for 12 budget estimates, part 1. In particular I want to refer the state in 2011–12 is estimated to be $47.3 billion, to chapter 8.7 with regard to the portfolio of regional and the report goes on to note that the expenditure on and rural development and examine the transcripts of infrastructure by the general government sector is commentary that have been provided by the Deputy estimated to be $6.4 billion. Premier in his capacity as the Minister for Regional and Rural Development. I guess the minister was able to The report outlines in detail by department the key enunciate the investment being undertaken by the budget themes for 2011–12 and the major priority shifts coalition government in regional Victoria. for 2011–12. It clearly outlines the key matters raised at the budget estimates hearings, as well as documents When you read the transcripts it is interesting to see that that were tabled and questions taken on notice at the an opposition member of the PAEC makes an assertion hearings also. The report does not this year contain the that the Minister for Regional and Rural Development transcripts of the hearings, as the committee decided does not have the responsibility for creating jobs. We that the most useful, timely and effective way to record all know in this place that the minister did not require and publicise the transcript information was to have it any assistance in dispelling such inaccurate assertions. made available on the Parliament’s website. This was done on a very timely basis and provided a great The minister, in his contribution to PAEC, spoke about resource to all members in this place and indeed the the $1 billion Regional Growth Fund that has been very public of Victoria and elsewhere. It provided access to well supported across many regional communities, those transcripts and provided information that the including my own electorate of Morwell. Indeed public sought. yesterday in question time there were a number of questions regarding investment and job growth in Part 1 of the report provides a key link in the new regional Victoria, and that was outlined in answers to government’s program. It articulates the financial questions by the Premier and the Minister for

SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011

Wednesday, 31 August 2011 ASSEMBLY 2919

Innovation, Services and Small Business and also the jobs but also a great deal of confidence in the Latrobe Minister for Regional and Rural Development. Valley into the future.

The minister certainly elaborated on how well received Any assertion from the opposition that our government the Regional Growth Fund has been throughout is not attracting jobs or creating new jobs in this state is regional Victoria, and he spoke about a number of completely false, and the facts I have just outlined projects that have been delivered and will be delivered demonstrate that that is the case. into the future, such as the $100 million Energy for the Regions program, which will enhance gas supply to many regional communities across Victoria. SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME We know that investment will come in response to DETENTION) BILL 2011 those sorts of projects. We have invested in roads and bridges to the tune of $40 million, and this will also Second reading enhance business prospects going into the future. Since we came into government approximately 600 jobs have Debate resumed from 16 June; motion of been established in Victoria, with a leveraged Mr McINTOSH (Minister for Corrections). investment of around $600 million. Government amendments circulated by There are many examples of such investment. The Mr DELAHUNTY (Minister for Sport and Minister for Innovation, Services and Small Business Recreation) pursuant to standing orders. has spoken about 17 grants worth a total of $3 million being awarded to businesses across Victoria. Three Ms HENNESSY (Altona) — I rise to speak on the small businesses were recipients of those grants. It is Sentencing Legislation Amendment (Abolition of important that we support small businesses, which are Home Detention) Bill 2011. On behalf of the crucial to regional communities. It is fantastic to see opposition I express our frustration and disappointment that small businesses will now be able to access those at the late-breaking news of these house amendments. grants. Out of that investment alone we have seen This bill has been sitting on the notice paper for a 340 new jobs created. significant period of time. It was only a couple of minutes ago, when the minister on house duty alerted To be a bit more parochial, the Regional Growth Fund me to the existence of the amendments, that the has been well received in the Morwell electorate in opposition became aware of them. I have had a brief terms of jobs. Projects such as the completion of the and informal discussion about the matter with the Gippsland Plains rail trail are vital to our community. relevant minister, who has assured me that the They will create not only investment but also jobs, opposition will be provided with a briefing on the house particularly in smaller communities. The government amendments. However, it is sloppy behaviour that has invested $30 million in the Latrobe Valley suggests a government that continuously dithers over its Advantage Fund and the Latrobe Valley Industry and legislative program. It is highly disrespectful to those Employment Roadmap. This package is specifically who seek a genuine and deep understanding of what designed for the Latrobe Valley and is in part a massive these legislative changes will mean. To express my investment in skills and training. As part of that displeasure in parliamentary language is quite a $30 million package $10 million has been allocated for challenge in this context. We will bat on and continue the sole purpose of creating new jobs in the Latrobe to talk about the bill, but let the record show that the Valley. administration of parliamentary practice in respect of this bill and the house amendments has been shoddy My region faces many challenges with the prospect of and disappointing to say the least. the federal Gillard government’s carbon tax. It is important that we have this fund available to local Dr Sykes interjected. businesses. Expressions of interest by the local community are already being sought. We are pleased Ms HENNESSY — They are indeed fighting that a number of businesses in the Latrobe Valley words, as the member for Benalla interjected. region and beyond have already expressed an interest in The ACTING SPEAKER (Mr Weller) — Order! accessing the fund, which is open for an extensive It is not appropriate to respond to interjections. period. Local businesses can access a minimum of $100 000 or a maximum of $2 million for investment Ms HENNESSY — This is no way to run a from the fund. We believe it will create not only new legislative program. If members of the government

SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011

2920 ASSEMBLY Wednesday, 31 August 2011 cannot run a legislative program, they should not turn crimes. They suggested reasons ranging from people up to work. They should not try to hold members of the not having fathers to cutbacks to government services. opposition to account in respect of their position on While it might be true that all of those issues may have items of legislation when they do not have the had an impact on the riots, it is also true that gumption, organisational ability, commitment to individually each of those issues is really not a transparency and passion to have a genuine debate sufficient explanation for what occurred. about these issues. As they say, ‘Enough said’. Closer to home, the harsh reality is that when we see As we can tell, the issue of sentencing incites deep public leaders screeching at each other about passion in the community, as does sloppy community safety and sentencing and simply uttering administration of the parliamentary process. When we the words, ‘We are going to be tough on crime’ it does hear about tragedy in the community it is only natural not make one Victorian safer. That is not to say that that we try to assuage our grief, disgust and horror members of Parliament should not demonstrate through the sentencing process. We often feel deeply leadership about the ongoing reform of the criminal frustrated that whatever justice extracts from the justice system to make it more effective and fairer, it is criminal process does not return the victim to the not to say that governments should not respond to position they were in before the crime. Indeed it is emerging trends and it is not to say that sentencing impossible to undo many a wrong. practices exhibited by the judiciary should not be subject to scrutiny. It is not to say that community and The community naturally feels very frustrated. When I expert views about sentencing ought not be taken into say that I do not in any way intend to try to undermine account — they should and they must. However, the importance of restorative justice programs. They are sentencing debates should not be used as cheap political very important to our community, and I support the footballs and as an instrument for obfuscating the truth. concept of restorative justice. In fact I had the benefit of a discussion with Noel McNamara from the Crime We all need to keep absolutely focused on the Victims Support Association recently, who also prevention of crime in the first place. I call on all indicated his support for the concept of restorative members of this place, as we enter a period where we justice and his enthusiasm for doing more work in are going to have ongoing debate and discussion about Victoria and assisting the Attorney-General in the sentencing, to make sure those debates and discussions Standing Committee of Attorneys-General process are based on evidence and that they are sensible. In around restorative justice programs. Often the issue of dealing with the bill before the house let us not pretend crime, and particularly horrific crime, is deeply that it will act as a deterrent to crime or make one confronting to us because it illuminates the darkness in Victorian safer. As I have stated previously, the causes human beings. I guess the point I am trying to make is of crime are far more complex than that, and they that how we feel about crime and the impact it has on cannot be dealt with simply by the removal of one its victims is a very human response. sentencing option.

Of course that is only one part of the story and one of When we come to the issue of home detention let us the aims and aspirations of the criminal justice system, have a quick walk through how the system works. but we must keep our attention very firmly — Home detention can be used either at the back end or particularly those of us who are policy and the front end as part of a sentencing option or as part of law-makers — on the utility of the prevention of crime a prison sentence where the Adult Parole Board of in the first place. True crime prevention is a Victoria is involved. Home detention can be used as an multifaceted and complex matter, but if we are to have alternative to ongoing imprisonment, and the maximum a lasting commitment to the reduction of crime, our length of home detention that can exist is six months. response requires an investment in crime prevention and community safety that is meaningful and real and Home detention is not a penalty in itself; it is a means not one that is about chest beating or about making of administering a penalty. That is an important point. mendacious claims about the effect of our legislative The issues for that are raised in the human rights charter program. statement that was tabled with the minister’s second-reading speech. It is important to note that home I was struck by the recent riots in London where, before detention is restricted to non-violent, low-risk, the police even had an opportunity to try to secure a low-security offenders who meet the eligibility criteria peaceful residential outcome for the local community, in the act and who are subject to an assessment and we had every pundit and every self-appointed expert have the approval of family members and co-residents. identifying what they thought were the causes of those That is a really important point, because in his

SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011

Wednesday, 31 August 2011 ASSEMBLY 2921 second-reading speech the minister articulated a Estimates Committee hearings, in which he concern about the impact of home detention on family acknowledged that he could not give a commitment members who would also be living with an offender that any of his policies and programs would necessarily who was serving a period of home detention. I think result in a reduction in the crime rate. Yesterday the that is a real issue to think about. I am pleased that the crime data was released. In that data we see a massive parliamentary library has conducted a parliamentary surge in family violence that ought give us all cause for research paper which says there is no evidence to really concern. We see an increase in sex offenders, we see an support that assertion. I agree it is an important point, increase in rape, we see an increase in abductions and but it is just not a point that is borne out by virtue of the we see a heavy increase in all issues associated around evidence and the research and the assessment of home domestic violence. Those who serve home detention detention that has been done. are required to be non-violent offenders. Home detention has very strict eligibility criteria, so none of I would also be concerned if there were any perception these sorts of offences are captured by the home among members of this place or in the community that detention scheme. home detention is an enormous program. The legislation limits home detention to 80 offenders in I cannot forgo the opportunity to make the point that, total. At the time when I had a briefing from the despite incredible surges in crimes against the person Department of Justice — and I wish to thank the and in family violence, we saw neither hide nor hair representatives of the department who gave their time from the government. Its faux outrage about and energy to me — there were approximately community safety was absent. The Minister for Police 20 people on home detention. Of course this was before and Emergency Services refused to come out to talk to the famous Derryn Hinch trial. I am not quite sure what the community about the crime data yesterday. He said the exact number is at this point, but we are talking he was not necessarily satisfied that the data was about a really small cohort within the criminal justice accurate, which raises the question: if your own crime system. data is not accurate, why would you release it? It is not what the Acting Chief Commissioner of Police said Anyone who is living at the premises where an offender yesterday. He had the gumption to come out and face is serving home detention also has to consent. the public. He had the guts to stand up and say, ‘The Offenders are supervised by a home detention unit, and news is not good’. they have an electronically monitored curfew. It is not a tracking device. They also have authorised activity This is a government which promised it was going to plans. It is interesting to look at the history of home fix the problems; it is a government which said it was detention. As I said, at the date of my briefing from the going to be tough on crime. When it came to crime Department of Justice, 575 home detention orders had against women and children, where were they to be been issued since 2004. Of those 575, only 35 had been seen? They were nowhere. breached, which, when we look at recidivism rates and we look at the breaches of things like community-based Mr Delahunty — On a point of order, Acting orders, bail, parole conditions and all of those sorts of Speaker, let us get back to the bill that we are debating issues, seems to indicate that the home detention figures here today. paint a picture of a program that is reasonably successful. It seems that the home detention program Ms Green — On the point of order, Acting Speaker, serves a reasonably good purpose, and it has not been the member for Altona — — abused remarkably. Having said that, it is a reasonably The ACTING SPEAKER (Mr Weller) — Order! I small program. I acknowledge that it was an election think I have heard enough. I can rule. Lead speakers are commitment by the government, and the opposition given some leeway. I have been listening intently. The does not intend necessarily to stand in the way of this member for Altona has been pushing the boundaries; bill by way of opposing it. Having said that, I reserve she should remember that she is very close and come our rights in respect of the shoddily and hastily back to the bill. distributed house amendment that I have already discussed. Ms HENNESSY — As I was saying, and I will relate my comments back to the bill, this was a What would concern me is if the government were to government that said it was going to come in and make stand up to try to make the assertion that the abolition Victorians safer. We are not going to cop its trying to of home detention is going to improve community use the mirage of the abolition of home detention, safety. We saw the incredible evidence of the Minister particularly less than 24 hours after some of the worst for Corrections before the Public Accounts and

SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011

2922 ASSEMBLY Wednesday, 31 August 2011 family violence statistics ever are released in the Mr TILLEY (Benambra) — I rise to make a Victorian community and this government goes to contribution on the Sentencing Legislation Amendment ground. That is the kind of courage its members are (Abolition of Home Detention) Bill 2011. The purpose giving Victorians about community safety. of this bill is to deliver on the coalition’s commitment that we took to all Victorians in November last year, Let us also not forget that this is a bill that seeks to deal and it is a very clear commitment to abolish home with various issues confronting the corrections system. detention as part of our law-and-order policy. This is in Let us hold it up and ask: does this bill meet the stark contrast to the ALP’s soft-on-crime approach over ambitious, although mendacious, aspirations the the last dark 11 years. minister canvassed in his second-reading speech? Yet again we are to be sorely disappointed. If this Most certainly this policy position was born long before government wanted to make Victorians safer, why November last year. In fact the then Leader of the would it in its own budget papers forecast an increase in Opposition, now the Premier of this state, back on recidivism? Why, when it has forecast a change to the 14 January 2010 — some 11 months before the community-based orders system, would it then put in election — was very clear that we would end home its own budget papers a massive increase in recidivism? detention. We have now committed to that, and through the legislative process we are delivering on that Let us not forget that the end game here is to reduce and commitment. But well before that it was the position prevent crime. That is the test that this bill needs to and the policy of the Liberal Party. It was so going into pass, but this government, through its own forecasts, in the 2006 election, so it is a policy and a position that we its own budget paper, has forecast its own failure. There have had for many years. is no greater example of fraud on a victim than for this government to have a high recidivism rate. If this Let me be perfectly clear on Labor’s government were truly committed to improving prison-in-the-home charade. Since data collection community safety, if this government were truly serious commenced in March 2004 through to 31 July this year about reducing recidivism, it would not be introducing a total of 617 orders had been made. Of those orders, the abolition of home detention — a measure that is 113 were made by the courts and 504 were made by the going to affect maybe 20 or 21 people — and then go Adult Parole Board of Victoria. Four hundred and into hiding when the worst ever family violence ninety-two of the offenders were male and 125 were statistics come out. There is a great deal of hypocrisy female. These figures cover only persons living within when this government talks about its commitment to 40 kilometres of Melbourne’s GPO, so home detention improving community safety, and the opposition is certainly did not meet the criterion of servicing the going to call it every time. We are committed to whole of Victoria, not even in one instance. Under the improving community safety, and we are not going to sentencing guidelines the sentencing authorities were put up with a charade from this government. given the option of having a whole range of couch potatoes sitting there watching the big screen and Honourable members interjecting. having a lovely way of life, whereas our strong position on law and order is that we are committed to ensuring Ms HENNESSY — ‘Eleven years’ is the cry from that if you cannot do the time you should not do the the other side. Let us talk about an eight-year decline in crime, so to speak. As I said, we are delivering on our recidivism when we absolutely demonstrated that the election commitment and ending Labor’s value of our approach of restorative justice, prison-in-the-home charade by abolishing home rehabilitation and keeping victims safe was actually detention. borne out in the figures. The Productivity Commission’s report on government services bears out Labor’s home detention policy was part of its the truth; the hollow, chest-beating, mendacious claims soft-on-crime approach, which ignored proper by the government do not. sentencing, community protection and the views of victims. The previous speaker mentioned protecting As I said, we are yet to have a briefing on the house victims. Where was that in the lead-up to the election amendment. The opposition in principle, subject to when we saw literally hundreds of victims of crime what we hear about the house amendment, will not standing on the steps of Parliament screaming and necessarily oppose this bill. What we do oppose, demanding that somebody step up to the plate and though, is misrepresentation and a government going protect the victims of crime in this state? That is into hiding when difficult crime statistics come out. certainly what we are doing by introducing this legislation.

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Wednesday, 31 August 2011 ASSEMBLY 2923

Ms Hennessy interjected. Parliament or as a community member. We will take responsibility for our own actions. Mr TILLEY — Talk about crime figures — well, we had to put a stop to you lot cooking the books! On The ACTING SPEAKER (Mr Weller) — Order! the issue of transparency, no doubt there will be some Now is a good time to break for lunch. The member for hurt along the way, but the figures will be absolutely Benambra will have the call when the debate on this clear, indicating that the crime statistics in this state bill resumes. were nothing but figures that were cooked. Yes, there may be a little bit of hurt along the early journey of this Sitting suspended 1.00 p.m. until 2.02 p.m. government, but we will correct the perception of the crime statistics that the ALP created during its 11 dark Business interrupted pursuant to standing orders. years in government.

In the time I have left before we go to a break, the QUESTIONS WITHOUT NOTICE Minister for Corrections was reported in the Herald Sun Road safety: government performance of 15 June 2011 as having said:

… Labor’s ‘prison-in-the-home charade’ had been too soft Mr ANDREWS (Leader of the Opposition) — My and was no longer an option. question is to the Minister for Roads. I ask: given that the updated Arrive Alive strategy is almost 10 months ‘It’s time to take a stand for victims of crime and ensure those overdue, when can Victorians expect a comprehensive who commit an offence pay for their behaviour … road safety strategy to save lives from this government? ‘Abolishing home detention will further improve Victoria’s sentencing laws alongside other key sentencing reforms, such Mr MULDER (Minister for Roads) — I thank the as the abolition of suspended sentences’. Leader of the Opposition for his question in relation to road safety in Victoria. As he would be aware, there has The bottom line is Labor was soft on crime for been strong bipartisan support for road safety in 11 years. It is time to take a stand for victims of crime Victoria over a number of years with the parliamentary and ensure that those who commit an offence pay for Road Safety Committee. The opposition leader would their behaviour. also be aware of the hoon driving legislation put The government’s intent is strong; it is a team working through by the government to ensure that we get a together. There has been strong consultation not only better road safety outcome. with victims of crime and the community but with all The opposition leader will no doubt also be aware of stakeholders. We thank those working in the the $160 million committed to country councils to department for providing us with the right and assist them to improve road safety across the network. appropriate advice on delivering our policy through this He would also be aware that a number of these legislative reform and other procedures. initiatives are being put into the Arrive Alive road The other side claims to be the champion of the worker, safety program to refresh the program. We are currently but all those staff currently working on home detention working with VicRoads to update the Arrive Alive road orders will continue to administer other safety program. There is a lot of work being undertaken community-based orders from the Department of in this space. The final outcome of that will be Justice in regional offices. There will be no job losses announced later on this year. But in the meantime the as a direct result of the abolition of home detention. The program has been refreshed. other falsehood is that in the lead-up to this The opposition leader will also be aware of an initiative announcement it was said we would need to create that was announced just this week in relation to a speed more jails in the state of Victoria. As the member for zone review across the network, whereby we are Altona mentioned, and rightly so, I could stand welcoming comment from the community — corrected but somewhere around 20 or so people are on something that has not happened before. As a new home detention orders. As the member for Altona also government we are asking the community to take an said, whether that is from the front end or the back end interest in the way speed zones are set throughout this is neither here nor there, but the numbers are state. That has been welcomed warmly by members of significantly low. The community is the bottom line. the community, because they will finally have a say in Through our policy and legislative procedures we are the way that a number of the speed zones are set — and stepping up and ensuring personal responsibility for there has been a great deal of confusion around a each and every one of us, whether as a member of number of speed zones.

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2924 ASSEMBLY Wednesday, 31 August 2011

We will be working non-stop. We have employed, Mr MULDER — As I indicated, the Arrive Alive through my office, as the opposition leader will no strategy has been refreshed by the government. There doubt be aware, a former executive officer of the will be further work done and further announcements parliamentary Road Safety Committee who is highly made as we go forward, but it will all be about action. It regarded across all areas of road safety throughout will not be about words, and it will not be about Victoria to advise the government on road safety advertising; it will all be about action. We will get the initiatives going forward. We are undertaking an results, and we are doing the job. We are not going to enormous amount of work. There is a great deal of talk about it; we are going to do something. work being done in terms of engagement processes. We will get the outcomes we want. Honourable members interjecting.

We take this seriously. As I say, one of the great The SPEAKER — Order! The Minister for Roads initiatives was in relation to the hoon driver legislation. is on a warning. We pushed in opposition to toughen up the hoon laws, and it was the then government that backed away and Council of Australian Governments: meeting would not give us the support that we needed to take Mr BATTIN (Gembrook) — My question is to the the dangerous drivers off the road. Premier. Can the Premier advise the house of the Mr Andrews — On a point of order, Speaker, the outcomes of the Council of Australian Governments minister noted the bipartisan approach to road safety. (COAG) meeting held in Canberra on 19 August? Can I say that the Labor Party will not support doing Mr BAILLIEU (Premier) — I thank the member nothing though, which is what this minister has done — for his question and for his interest in reform at the nothing. commonwealth level and across the nation. The The SPEAKER — Order! What is the point of Victorian government took a very strong stand at order? COAG. We took a strong line, and we did that consistent with the strong stand we took at the February Mr Andrews — The question related to when the meeting, where we were instrumental in revisiting the strategy will be released. That is what the answer health reform agreement, which the Leader of the should relate to, not this feeble attack from a minister Opposition scoffs at now but which the Leader of the who has done nothing. Opposition signed. It was a dud. The Leader of the Opposition when he was the Minister for Health signed The SPEAKER — Order! I do not uphold the point up to a dud reform. We are not going to take that of order. The minister was being relevant to the approach. question that was asked. We have taken a constructive, considered and respected Mr MULDER — The opposition leader will no approach to COAG, and in a number of areas we have doubt also be aware of the additional police resources been successful. The transport regulation reform under committed to by the former opposition, now in the seamless national economy initiative — — government, being delivered in government — additional police resources that will do the job out on Mr Andrews interjected. the roads. Police will be out on the road to detect those people who are doing the wrong thing. We will not end The SPEAKER — Order! I advise the Leader of up with the situation that the former government put in the Opposition that I will fire up in a minute, if he place of new police station buildings without police continues to interject in that way. officers. That is what we have got out in regional Mr BAILLIEU — It is an interesting response from Victoria — buildings without officers! the man who today said he did not want to be Mr Hulls — On a point of order, Speaker, clearly ceaselessly negative; he wanted to be constructive. That the minister is now debating the question. He has was the Leader of the Opposition — ceaselessly clearly indicated that the Arrive Alive strategy will be negative, ceaselessly destructive. over a year late, so you should now sit him down. We were happy to sign the national transport reform: The SPEAKER — Order! I ask the minister to three intergovernmental agreements on heavy vehicles, return to answering the question. rail and maritime safety. It was the Victorian government that made sure that the maritime reforms were appropriate and would not cost recreational or

QUESTIONS WITHOUT NOTICE

Wednesday, 31 August 2011 ASSEMBLY 2925 small-vessel users. In regard to the legal profession, we I ask: can the Premier give a guarantee that the Minister supported the national legal profession reform. for Planning and the members for Mordialloc and Unfortunately that support was not replicated by Carrum at no stage promised Mr Carpenter that his Western Australia, the Australian Capital Territory or property would be rezoned? South Australia, and Tasmania pulled out. Queensland expressed some doubts, but we now have the task, with Mr BAILLIEU (Premier) — I thank the member New South Wales and the Northern Territory, of for her question. The hypocrisy here knows no bounds. bringing that reform to fruition. We believe there is a The Minister for Planning has instituted a process for benefit in that. reviewing the urban growth boundary in terms of growth areas and non-growth areas, and the logical In terms of further competition and regulation reform, inclusions program will form part of that. I refer to the commonwealth sought to intrude itself on statutory some comments made by the Minister for Planning and planning as a major theme. All states rejected that reported in Hansard. He said: approach, and that rejection, I think, was accepted by the commonwealth. But we took the opportunity to deal We are conscious in the future that there may well be some anomalies that exist within the nominated urban growth with the issue of the commonwealth’s Environment boundary … Protection and Biodiversity Conservation Act 1999 and some of the inconsistencies and delays it causes. I took He also said: the opportunity to raise in particular the problems around dredging the entrance at Lakes Entrance, where So from time to time, just because of the way development takes place, you do have some anomalies. boat bottoms are now dragging on the floor of that waterway because of delays over two years in getting He went on further to say: approval for continued dredging. … but there are anomalies that come up from time to time, We pushed strongly for first ministers to make a and we have to deal with them. significant commitment to the national disability He also said: insurance scheme. Without Victoria that would not have been done. We also pushed for urgent work to be But there are logical inclusions that might need to be undertaken by COAG through first ministers to considered and they might come from local governments establish base principles so that we do not repeat the making submissions … mistakes in the health reform initiative with which the He further said: Leader of the Opposition is so familiar. What we anticipate is that after we have progressed our On the clean energy package, we put our position on current body of work, we would look at some mechanisms the carbon tax, as did other states — and other states being developed for potential small-scale, logical inclusions again. The Prime Minister made it clear there was no where anomalies may occur. further compensation available. That is disappointing. Finally he said: She also indicated that once the legislation is passed, all states should review and reconsider any state program. I have met with some land-holders in some of their areas where they are interested in pursuing issues around an I also quickly want to mention the visa situation of the inclusion … international students. We pushed to ensure that the That was the planning minister. But which planning international students here who were not looked after minister? Was it the former member for Albert Park? by the previous government are looked after. No. Was it the former member for Northcote? Planning: green wedge logical inclusions Ms Allan — On a point of order, Speaker, the Ms HENNESSY (Altona) — My question is to the question very clearly referred to the actions of the Premier. I refer the Premier to comments by Mr Peter current planning minister and members of the Carpenter reported in the Age, where he is quoted as government — — saying: The SPEAKER — Order! What is the member’s Yes, I’ve contributed to the Liberal Party. I contributed to point of order? Donna’s campaign, I’ve contributed to Lorraine’s campaign and I contributed to Geoff Ablett … Ms Allan — If I could conclude making my point of order — — When people are campaigning they will sort of indicate all sorts of things, all of it positive to your view.

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2926 ASSEMBLY Wednesday, 31 August 2011

The SPEAKER — Order! What is the point of The SPEAKER — Order! The member for order? Bendigo East is now on a warning.

Ms Allan — My point of order is that the Premier is Mr BAILLIEU — The member for Bendigo East clearly debating the matter. The question related to besmirches — — assurances — I will not repeat the question — the Premier has sought regarding the actions of current The SPEAKER — Order! The Premier should members of his administration. Rather than in ignore interjections. desperation attacking the opposition, I ask that the Premier answer the question. Mr BAILLIEU — It goes to the point I was about to make: it is an independent process undertaken by the The SPEAKER — Order! I do not uphold the point Growth Areas Authority, established by whom? It was of order. The Premier was answering the question. established by the previous government. Appointed by whom? It was appointed by the previous government. Mr BAILLIEU — I ask again: was it the former That independent process will continue, and it will member for Albert Park? Was it — — continue to do what is appropriate, as the planning minister has clearly indicated. Mr Andrews — On a point of order, Speaker, with the greatest of respect, I put to you that the question Industrial relations: union activity related to comments made by an individual about a parcel of land and about his account of what members Mr WAKELING (Ferntree Gully) — My question on the other side of the house had promised him. That is to the Minister for Finance. Is the minister aware of is what the question relates to. I put it to you recent reports of union thuggery in Victoria, and how respectfully, Speaker, that the Premier’s answer is does the government intend to deal with the neither relevant nor in accord with the standing orders. intimidation of union representatives in this state? The Premier’s answer is irrelevant, and he is clearly debating the question. Mr CLARK (Minister for Finance) — I thank the honourable member for his question. The government The SPEAKER — Order! I believe the answer is is concerned to ensure that industrial relations in relevant to the question that was asked. Victoria, whether it be in the public sector, the building and construction sector or elsewhere in the private Mr BAILLIEU — It might even have been the sector, is conducted on a productive and law-abiding Deputy Leader of the Opposition when he was Minister basis. That is why the Premier recently announced that for Planning. But no, it was not, and it was not the the government would review the industrial relations current planning minister. It was the previous planning principles that would apply to public sector minister — the member for Essendon — who construction projects in order to ensure that workplace anticipated and advocated for a logical inclusions agreements and practices applying to firms which process. The process the planning minister has put in tender for state government contracts comply with place — — applicable workplace laws and promote productivity.

Mr Hodgett interjected. This announcement followed disturbing signs of increasing defiance of the rule of law by the The SPEAKER — Order! The member for Kilsyth Construction, Forestry, Mining and Energy Union, is on a warning. which on 2 June had fines and legal costs of $560 000 imposed on it by the Federal Court. Mr Hulls — On a point of order, Speaker, quite clearly the Premier is now debating the question. If the More recently the government has become aware of Premier cannot give an assurance that promises were reports that the secretary of the Health Services Union not made for donations, he should sit down. (HSU), Ms Kathy Jackson, has been the target of a campaign of intimidation. Ms Jackson is the union The SPEAKER — Order! I ask the Premier to official who referred the allegations against federal resume his answer. I do not uphold the point of order. Labor MP Craig Thomson to the New South Wales Mr BAILLIEU — The process that has been put in police force. Victoria Police has stated that a shovel place by the planning minister — — was last week found on Ms Jackson’s doorstep after the occupants of Ms Jackson’s home had heard several Ms Allan — He is a corrupt one — clearly. loud noises at around 3.30 a.m. I understand Victoria

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Wednesday, 31 August 2011 ASSEMBLY 2927

Police is now investigating an apparent threat made Mr WALSH (Minister for Water) — I thank the against Ms Jackson. member for Seymour for her question. Last year a series of documents were released under FOI. These Additionally there have been suggestions that elements documents confirmed that the surveillance and within the union movement have been seeking monitoring of peaceful protesters against the north– retribution against Ms Jackson and against the HSU. south pipeline did occur. These FOI documents were Ms Jackson has responded very courageously, I might requested by Jan Beer and released to Jan Beer. These say, to what appears to be an attempt to intimidate her, documents show that those people who instigated this saying, ‘If the person who has done this thinks they can surveillance should hang their heads in shame because intimidate me by this and I’ll walk away, or the union is of what they actually did. going to walk away from our position … they’ve picked the wrong girl’. It is the view of the government Jan Beer is a well-respected member of her community. that Ms Jackson has acted responsibly as a union She is a person who cares about her community and official. She has acted in the best interests of the about the environment in which she lives. She is not the union’s members to ensure that the law is upheld in sort of individual that any normal person would put relation to her union, which is of course a union that under surveillance. If you look at some of the examples represents substantial numbers of Victorian public of what was released, you see there is a document from sector employees. the Sugarloaf Pipeline Alliance, which says:

Industrial thuggery has no place in this state, and As we know that these two people are active protesters of the Ms Jackson has set a fine example by resisting it. The Plug the Pipe group, we remained in the area and continued to drive along the highway in both directions to observe their Victorian government is committed to doing all within activities. its power to ensure that industrial relations in Victoria are conducted productively and in accordance with the About 10–15 minutes later, I observed them parked on the law, including respecting and defending the conduct of Melba Highway, west side, facing north, directly opposite pipeline workers having a conversation … and I pulled up union officials who are prepared to stand up for the rule about 30 metres behind them. They stayed for a few minutes of law. The government seeks a bipartisan approach to and then drove off … this issue, and I would welcome the Leader of the Opposition joining with the government in condemning The action that came out of that observation was a the apparent attempts to intimidate Ms Jackson and report to Victoria Police. Another document states: placing on the record his support for Ms Jackson as a 7 January 2009 — Jan Beer, Plug the Pipe, was detected on responsible union official acting in the best interests of the alignment of property 94. She raised the issue of workers her members. allegedly welding pipe when there was a strong southerly wind and moderate fire risk period. Member for Frankston: conduct There is a report of an incident in May 2009: Mr MERLINO (Monbulk) — My question is to the Jan Beer on site at the Yea River crossing, Yea. Reported that Premier. I refer the Premier to his comments on ABC she was on site for 10 minutes taking photographs then left TV last night about the conduct of the member for site. Incident recorded and her activities will continue to be Frankston, and I ask: has the Premier sought a full monitored. explanation from the member for Frankston? Another report of an incident is: Mr BAILLIEU (Premier) — I thank the member 17 December 2009 — Jan Beer, Plug the Pipe representative, for his question. It is my understanding that Victoria on site at the GRPS … Remained on site for approximately Police was looking at this matter, which has had some 10 minutes taking photographs then departed. Contact made public attention. It is also now my understanding that with Victoria Police, security intelligence group, and advised Victoria Police intends to take no further action on the of situation. matter. A couple of days later:

North–south pipeline: protester surveillance Jane Beer, Plug the Pipe representative, on site at the GRPS. Activities restricted to road reserve area … She again took Ms McLEISH (Seymour) — My question is to the photographs — Minister for Water. Can the minister inform the house of recently released documents providing details on the a major crime! — surveillance and monitoring of the north–south pipeline protesters?

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2928 ASSEMBLY Wednesday, 31 August 2011

and left area after approximately 15 minutes driving in highlights the failure of leadership by elected officials, reported erratic manner which has been passed to the Victoria and I ask the minister to inform the house of recent Police. developments in this area. What has one of the agencies that was involved in this done? Melbourne Water has today released an official Mr McINTOSH (Minister responsible for the apology to Jan Beer. It states: establishment of an anti-corruption commission) — I thank the member for Prahran for his excellent … Melbourne Water acknowledges that Mrs Beer had a question. Today the Ombudsman did table his annual history of lawful opposition to the project and has never been report, and there are certainly some alarming charged with any offence in relation to the project. developments that arise from that report. I take the … Melbourne Water also acknowledges that Mrs Beer had an house to page 9 of the report, where it states: interest in Melbourne Water’s compliance with the relevant approvals concerning the construction of the pipeline, and the Similarly, the conduct of elected representatives, when effects of the pipeline on her local community and the influenced by factional and other pressures — environment. are a matter of concern. The words ‘a matter of … concern’ are my words, but they are certainly an … Melbourne Water apologises to Mrs Beer for any distress adumbration of what the Ombudsman is concerned experienced by her in relation to its collection of her personal about. There can be no greater example of that sort of information. conduct by elected representatives than that of the member for Lyndhurst in his attempt to smear the Melbourne Water has done the right thing: it has Honourable Wendy Lovell in another place, the apologised to Jan Beer. I call on the Leader of the Minister for Housing. That smear is an indictment of Opposition to ask the previous Minister for Water to do the Leader of the Opposition and potentially all the right thing as well and apologise to Jan Beer. members of the opposition. That attempted smear by alleging — — Member for Frankston: conduct Mr Hulls — On a point of order, Speaker, the Mr MERLINO (Monbulk) — My question is to the question was about the Ombudsman’s annual report. Premier. I refer to the Premier’s previous answer. How The minister is clearly debating the question. I do not is it that the Premier knows about the status of a police know where the angry pills were handed out at inquiry or investigation? Who briefed the Premier and lunchtime — — when? Was it the member for Frankston or the police? Does he make a habit of inquiring into the status of The SPEAKER — Order! The member will resume police investigations? his seat!

Mr Eren interjected. Mr McINTOSH — As I was saying, the conduct of elected representatives, particularly the appalling The SPEAKER — Order! I thought the member for conduct of the member for Lyndhurst in attempting to Lara would have learnt from what happened yesterday. smear the Honourable Wendy Lovell in alleging that Mr BAILLIEU (Premier) — The advice I received she had improperly neglected — — was received from the police minister. Ms Allan — On a point of order, Speaker, I refer Honourable members interjecting. you to page 161 of Rulings from the Chair, where it states that attacks on the opposition are inappropriate. I The SPEAKER — Order! Instead of the Leader of draw your attention to the ruling and indicate that the the Opposition turning his back on me, he might minister is clearly debating the question and attacking observe what I am doing when I am on my feet. I the opposition, particularly given that the would like some quiet in the chamber for the next Ombudsman’s report does even make reference to the question. member for Lyndhurst. The minister is clearly out of line with this course of answering the question that has Ombudsman: elected representative conduct been asked. I ask that you ask him to cease going down this path in attacking the member for Lyndhurst for Mr NEWTON-BROWN (Prahran) — My question something that is not even contained in the is to the Minister responsible for the establishment of Ombudsman’s report to which he is referring. an anti-corruption commission. I refer the minister to the Ombudsman’s annual report tabled today, which

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Wednesday, 31 August 2011 ASSEMBLY 2929

Dr Napthine — On the point of order, Speaker, the Mr Hulls — On a point of order, Speaker, of minister who is answering the question is responsible debating the question. This is a clearly personal attack for the ombudsman’s act, and the ombudsman’s report for political purposes. The fact is that this answer is to which he is referring contains the heading now becoming a farce, and I ask you to get the minister ‘Ministerial advisers and elected officials’ and refers to back to answering the specifics of the question. the behaviour of those people. His answer is very relevant to the question that was asked and very The SPEAKER — Order! I ask the minister to get relevant to his responsibilities with respect to the back to answering the question. ombudsman’s act — — Mr McINTOSH — This type of conduct is Honourable members interjecting. endemic in the opposition. This management of a dirt unit in your office is a disgrace. The SPEAKER — Order! Points of order will be heard in silence. Honourable members interjecting.

An honourable member interjected. The SPEAKER — Order! Stop the clock.

The SPEAKER — Order! Was that the member for Mr Andrews — On a point of order, Speaker, you Lara again? It would not want to be today! I do not have requested that the minister — — uphold the point of order. Mr Hodgett interjected. Mr McINTOSH — For a considerable amount of time the member for Lyndhurst refused to publicly The SPEAKER — Order! This is the member for apologise or withdraw his comments. Kilsyth’s second warning for the day. Next time he will be out. Mr Hulls — On a point of order, Speaker, quite clearly the minister is debating this question. I do not Mr Andrews — Speaker, you have requested that know whether you, Speaker, have had the opportunity the minister move back to answering the question and to read the report upon which the question was based, not use question time as an opportunity to attack any but there is no mention of the member for Lyndhurst. member of this side of the house. This is an absolute Despite the previous point of order taken by the farce, and he should be asked to go back to answering minister, what he had to say was clearly untrue, yet the question, not attacking the opposition or others. again. There is no mention in this report of the member That is not what question time is for. for Lyndhurst, therefore he is clearly debating the The SPEAKER — Order! I have heard enough. I question for political purposes. I ask you, Speaker, to ask the minister to get back to answering the question. ask him to get back to the question and to not continue down this path. An honourable member interjected.

Mr McINTOSH — On the point of order, Speaker, Mr McINTOSH — The head of your dirt unit is up obviously the member has not read the detail of the there, run out of your office. Ombudsman’s report. Yes, there is certainly discussion about the Hotel Windsor scandal, but he goes on to Honourable members interjecting. express his concern about the conduct of elected representatives when influenced by factional and other The SPEAKER — Order! I asked the minister to pressures generally. Accordingly I suggest that the resume answering the question and not to invite answer is certainly in order and consistent with the interjections from the other side. I ask the minister to Ombudsman’s report. come back and conclude answering the question.

The SPEAKER — Order! I do not uphold the point Mr Hulls — On a point of order, Speaker, to advise of order. the house on future conduct, such a gutless, cowardly attack — — Mr McINTOSH — As I was saying, Speaker, finally the member for Lyndhurst was forced into The SPEAKER — Order! The minister, concluding making a public apology, but that public apology was his answer. probably half baked because the real issue is — — Mr Andrews — On a point of order, Speaker, I seek your clarification. With the greatest of respect, surely it

QUESTIONS WITHOUT NOTICE

2930 ASSEMBLY Wednesday, 31 August 2011 is not your ruling, Speaker, that a minister or any this process. In January I wrote to the Auditor-General member with the call can not only refer to a person in to request that a performance audit be conducted, and the gallery but attack a person in the gallery. Surely that the report before us is the result of that request. This is not your ruling. Surely that objectionable, cowardly report carries a number of very important messages for behaviour — — all of us in Victoria.

Honourable members interjecting. The first thing to be said about this report is that its findings and conclusions confirm that cameras save The SPEAKER — Order! I advised the minister, lives. It confirms that the operation of the camera when he returned to answering the question not to system in Victoria is an integral part of the overall invite interjections, and by pointing to somebody in the enforcement of our speed laws, and it particularly gallery he did that. I ask the minister to conclude his reflects on the fact that about 30 per cent of deaths on answer without inciting the members of the opposition. our roads in Victoria last year were an outcome of excessive speed — that is, about 100 people died on Mr McINTOSH — In conclusion, the Ombudsman Victorian roads last year as a result of excessive speed. has obviously highlighted an issue of profound concern Among other things the report indicates that reducing to all Victorians. While on this side of the house we are one’s speed even by around 5 kilometres an hour can concerned about the behaviour of elected produce a radical reduction in the extent to which representatives, it is very clear that the other side is not accidents happen in the first place, let alone to the interested at all. extent to which injuries and deaths may be caused.

Member for Frankston: conduct Mr Madden interjected.

Mr MERLINO (Monbulk) — My question is again The SPEAKER — Order! The member for to the Premier. I refer to the Premier’s previous answer. Essendon is on a warning. In fact he can take that as When did the police minister brief the Premier, and two warnings. does the police minister brief the Premier on all assaults in Frankston or just those involving the member for Mr RYAN — The report confirms that the money Frankston? derived from the use of speed cameras is not used for the purposes of revenue and that the cameras are not Mr BAILLIEU (Premier) — The question makes being operated for the purposes of state government presumptions about events that took place in Frankston. revenue. It confirms in turn that last year the fines, I do not make those presumptions at all. The advice that which were worth about $230 million, were dedicated I received shortly before question time was provided by in their totality to the Better Roads Victoria program — the police minister. the money that is derived from the operation of the cameras goes back into improving Victorian roads. Ms Allan interjected. Interestingly the report also shows that some The SPEAKER — Order! The member Bendigo 50 000 fines were withdrawn last year, and it goes on to East is on her second warning. The next time she will say that the operation of the system is conservative be out. given that 50 000 of those fines that were otherwise Road safety: traffic cameras applied were withdrawn.

Mr CRISP (Mildura) — My question is to the The SPEAKER — Order! I ask the Leader of the Minister for Police and Emergency Services. Can the Opposition to put the book down. minister update the house on the action the coalition Mr RYAN — The withdrawn fines equate to an government is taking to make Victoria’s traffic camera amount of $8.4 million, which is a large number of system the most transparent and reliable in the nation? fines. It is not as large as 16 per cent of the fines that are Mr RYAN (Minister for Police and Emergency raised, let alone 57 per cent of the fines that are raised, Services) — I thank the member for his question and but it is a significant proportion of those fines. We have for raising an issue which is of seminal importance to introduced new levels of transparency to the operation all of us in this chamber. This relates to the report of this system. We are not running away from it, as the tabled today by the Auditor-General into the road safety former government did. I asked for this audit, and we camera program which operates in Victoria. I am have got it. We introduced the Cameras Save Lives pleased and somewhat proud to say that we instigated website, and we instituted the process of publishing camera locations. We are now debating new legislation

SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011

Wednesday, 31 August 2011 ASSEMBLY 2931 which for the first time in Australia will establish a road Just covering the points made before the break, the safety camera commissioner. This is an important bottom line is that over the last 11 years Labor was soft report for Victorians, and we welcome it. on crime, and it is time to take a stand for the victims of crime to ensure that those who commit an offence pay for their behaviour. SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME Mr PERERA (Cranbourne) — I rise to speak on the DETENTION) BILL 2011 Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011. This is an election Second reading commitment of the Baillieu government, and therefore I join my opposition colleagues in not opposing this bill, Debate resumed. though I do so reluctantly.

Mr TILLEY (Benambra) — I return to the Home detention or house arrest is not a new concept. It Sentencing Legislation Amendment (Abolition of has been in the world for centuries, and still some Home Detention) Bill 2011. Before the break I was jurisdictions embrace it with both hands. The famous covering some additional points. As this bill comes to Italian physicist, mathematician, astronomer and the house and becomes legislation, transitional philosopher, Galileo Galilei, was put under house arrest arrangements will ensure that the bill preserves home until his death in 1642 for his belief in Copernicus’s detention orders made prior to the commencement of theory, which went against the fundamental beliefs of the repeal. Those orders will be permitted to run their the Catholic Church at that stage. In the United course. This approach will respect the principle that Kingdom provisions to detain terrorist suspects under legislative changes should not disturb existing orders. house arrest without trial has been made possible by the Where no order has been made prior to the Prevention of Terrorism Act 2005. Judges have commencement date, the bill clearly states that a home imposed sentences of home confinement as an detention order cannot be made regardless of any alternative to parole as far back as the 1900s. outstanding application or request for assessment. This will mean that courts will be able to make an alternative Home detention became a widespread alternative to sentencing decision if a request for an assessment was imprisonment after electronic monitoring devices made made prior to the repeal, and the Adult Parole Board of it inexpensive and easy to manage. Victoria’s home Victoria will be prevented from making further orders. detention program commenced in 2004 as a way of diverting low-risk offenders from prisons to home In relation to the amendment, it will ensure that detention. This is the sort of measure that contributed to intervention orders will have the higher priority, and if an eight-year decline in recidivism under Labor. Home an intervention order is awarded against those who detention provided cost advantages and increased serve out their existing arrangements for home opportunities for offenders to successfully rehabilitate detention, then other arrangements will simply be put in and reintegrate into society. place. It may mean, ‘Jail means jail. Off you go, son!’. The availability of home detention as a sentencing or I move on to a discussion of Labor’s home detention post-prison option is restricted by a number of regime by a decision of the Adult Parole Board of eligibility requirements, contrary to the picture painted Victoria. I do not want to take anything away from the by the government. It is a cheap political statement by good works and efforts of the adult parole board, which the Liberal government to say home detention is a has set before it a very difficult task. It should certainly soft-on-crime approach. Let us see how the offender is be commended for much of the great work that it does. assessed as being suitable for home detention. However, the decisions of the adult parole board mean Offenders who are currently convicted of sexual unfortunately that prisoners are being released before offences are ineligible for home detention; violent they have even served the minimum sentences set by offences and serious violent offences — ineligible for the courts. I share the view of the Premier, who in a home detention; drug offences as defined under press release has stated that: schedule 1 of the Sentencing Act 1991 — ineligible for home detention; an offence which the court believes This completely undermines the role of the courts and the community’s confidence that a minimum sentence means a was committed in circumstances involving behaviour minimum sentence. of a sexual nature — ineligible for home detention; an offence involving the use of a firearm or a prohibited This accords with our law-and-order policy, and we are weapon — ineligible for home detention; and stalking set to deliver on that. offences — ineligible for home detention. In addition to

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2932 ASSEMBLY Wednesday, 31 August 2011 that, the other people living in the offender’s is the bill going to make Victoria safer? This is a blatant accommodation have to consent to the order being political exercise. made. What this means is that only very minor offenders are given home detention orders. What is the The report also found that breach and revocation rates big fuss? How is this bill going to make Victoria safer? for home detainees were low. That means offenders are more likely to behave appropriately when they are in The downside to home detention is that invariably the home detention as opposed to being in prison. It also partners are obliged to consent to the home detention found no evidence of significant risk to family orders even if it is not their preferred option. However, members cohabiting with the home detainees. the offenders eligible for home detention are not those Interestingly, the report also found that recidivism rates convicted of family violence offences or of any other for home detainees, when contrasted with comparable sort of violent activity. They are not sexual offenders low-risk prisoner, were substantially lower than either. My view is that under these circumstances a anticipated. Finally the report identified that the home large majority of partners would prefer to cohabit with detention program yielded a cost benefit, returning their partner as opposed to having them in an unknown $1.80 in benefits for each $1 spent on the program. prison associating with much more serious offenders These figures included cost savings resulting from whose behaviour is unsavoury. diversion from imprisonment and reduced imprisonment due to less recidivism. Home detention ensures that the detainee adopts a pro-social lifestyle and remains in a drug and The home detention program identified other cost alcohol-free environment, undergoing rehabilitation and benefits as well. These included reduced parole breach being employed or trained. Offenders supervised by the rates, a reduced cost of crime due to decreased home detention unit have an electronically monitored recidivism, and improved employment outcomes and curfew and an authorised activity plan, which might family outcomes as a result of people on home include attending a job, training or counselling. This is detention being more likely to find employment than certainly much harsher than living a normal life in a prison releases generally. There should never be a home environment, and not many people here would situation where those who have completed a sentence want to be in that space. turn to crime simply to feed and house themselves in those first few difficult weeks after release. All programs involving a lowering of recidivism mean that there are fewer future victims. The latest figures in Overcrowding prisons means that many prisoners will the United Kingdom show that the number of offenders have less access to opportunities such as training and who have previously served prison sentences has education. Having somewhere reasonable to live, increased over the last 15 years, from 51 per cent in legitimate employment and support from family and 1992 to 67 per cent today. Nacro — the crime reduction friends are among the factors that help ex-prisoners go charity in the UK — says overcrowded prisons and straight. The weakness in the government’s position is prisons unfit for habitation are to blame for the increase that it does not factor in extra support and help for in reoffending. This legislation will contribute to ex-prisoners to go straight when it takes measures to overcrowding in prisons by increasing prisoner increase prisoner numbers by scrapping programs like numbers. Nacro says that by imprisoning more and home detention. Now that the government is more offenders, judges and magistrates have done determined to scrap home detention to display its nothing to protect the public; in fact they have done the law-and-order credentials, it should take into opposite. They have hampered the prisons’ ability to consideration other challenges which will flow from rehabilitate offenders and thereby put the public more at such decisions. risk. The abolition of home detention could lead to an In 2006, two years after the home detention program increase in non-custodial sentences and prison was introduced in Victoria, it was reviewed by the sentences because judicial discretion is not removed at Melbourne Centre for Criminological Research and this stage. Rehabilitation programs need to be enhanced Evaluation. Its key findings were that the caseload to cater for increased numbers of prisoners, otherwise, numbers on the home detention program were lower as has been seen so far, this will prove to be only a than expected. The reason was that the number of home cynical political exercise to enhance the government’s detention orders issued by the courts were lower than law-and-order credentials. one per month. It is my understanding that today there are only about 20 offenders in home detention. Again, Mr KATOS (South Barwon) — It gives me great pleasure to support the Sentencing Legislation

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Amendment (Abolition of Home Detention) Bill 2011. defensive homicide. He received what was in her view The coalition went to the 2010 election with a tough and the view of many others a grossly inadequate stance on law and order. The public was sick and tired sentence. Although defensive homicide is not the of Labor’s soft-on-crime approach and clearly subject of this bill, this case highlighted to me in no articulated this at the ballot box. Part of the coalition’s uncertain terms that the community was sick and tired policy to bring sentencing into line with community of lenient sentencing and the previous government’s expectations is the abolition of home detention as a soft-on-crime approach. Under the previous Labor form of sentencing in Victoria, and hence the bill before government the rights of victims of crime were being the house today. lost in a sea of left-wing, bleeding-heart socialism, where the guilty offender took priority over victims and The government’s policy clearly means that jail will their families. mean jail. The purpose of the bill is to implement this policy. The bill will repeal the power of the courts and The fulfilment of the coalition’s commitment to make the Adult Parole Board of Victoria to make home Victoria’s streets safe again is well under way. It detention orders. Under the present legislation a home committed to build a new police station in Waurn detention order can be made by the courts under the Ponds, in my own electorate of South Barwon, and has Sentencing Act 1991 or the adult parole board under the begun to fulfil that commitment with an allocation in Corrections Act 1986. Home detention orders are this year’s budget for land acquisition and planning. available only to persons living within 40 kilometres of Action on the coalition’s commitment to hiring an the Melbourne GPO and are restricted by the criminal additional 1600 police and 100 transit police in its first history of offenders. Under the current regime home term is well under way, with funding this year and in detention is not an option for those who live in country the forward estimates. Whilst on the subject of police Victoria; it is only for Melbourne metropolitan numbers, I remind those opposite that until last year, residents. when the coalition released its policy of hiring an additional 1600 police and 100 transit police, the Since March 2004 a total of 617 home detention orders previous government was in a state of denial. Up until have been made, with 113 of them made by the courts that point there were no issues with police numbers and and 504 made by the adult parole board. Most of the no problems, according to the former government. orders have been made in relation to fraud, theft, Those opposite quickly changed their minds when the driving offences and drug offences. Some 35 offenders coalition’s policy came out. All of a sudden our policy have breached their orders, which has resulted in was almost exactly mirrored by them. Up until that measures such as a fresh sentence or the returning of point police numbers were fine, according to the the offender to prison. previous government.

There will be transitional arrangements put in place The coalition has also promised to get tough through under this legislation. Any home detention orders that antihoon laws, and that is another policy that is being were made prior to the repeal of the original legislation implemented. It reflects the community’s expectation will be allowed to run their due course. The bill thus that hoon drivers, who are a danger to themselves and adheres to the notion that existing orders should be other road users, will be dealt with appropriately. respected. Once the commencement date of the repeal Action to fulfil the government’s pledge to place comes into effect the courts and the adult parole board 940 protective services officers across every will no longer have suspended sentencing as an option. metropolitan railway station and major regional station is also in progress. The policy will provide I firmly believe that the Victorian people are right appropriately trained officers — not plastic police, as behind the government’s approach of getting tough on some members opposite describe them — to make crime. During the election campaign the subject of stations places of safety. lenient or inadequate sentencing was brought home to me in no uncertain terms. On 16 September last year I The government has also taken a tougher stance against was doorknocking in the suburb of Grovedale and at violent drunks and alcohol-fuelled violence: fines have the same time handing out the coalition’s policy flyer been increased and police and licensees have been on law and order. I knocked on the door of Nicole given additional powers and controls. The sale of Plowman, who by sheer coincidence had just finished knives to minors has been banned to address the filming a story with the ABC’s Stateline program in her increase in knife violence. lounge room that day. Nicole recounted the story of her brother, who had been killed by a perpetrator who The abolition of home detention is part of a suite of stabbed him over 40 times and then used the defence of changes the government has made in its commitment to

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2934 ASSEMBLY Wednesday, 31 August 2011 law and order. I recall the lead speaker for the I want to go to some more of the detail of home opposition saying that we have been a dithering detention sentencing and what it has been able to do. I government. The actions I have just listed do not reflect want to deal with the reality, which is that the home dithering. In nine months we have put the policies we detention option was one part of a mix of law and order presented to the Victorian people into action. We are and crime prevention strategies that the previous not dithering at all; we are delivering. The people of government put in place. I contend that it is no accident Victoria expect a tougher stance on law and order, and that there is a correlation between the eight-year low the government is absolutely committed to that. I fully rates of recidivism experienced under the previous support the bill, and I commend it to the house. government and the suite of law-and-order measures which had a very clear focus on crime prevention and Ms D’AMBROSIO (Mill Park) — I rise to speak on reforming the sentencing options that were available on the Sentencing Legislation Amendment (Abolition to discourage repeat offenders. of Home Detention) Bill 2011. As has been previously stated by members on this side of the house, Labor does That is very important when we are talking about public not oppose the bill. However, some serious issues need policy, because it is very easy for the government to to be placed on the record regarding the government’s talk about the rhetoric of jail meaning jail or indeed rhetoric and the mismatch between its rhetoric and its being tough on crime, as opposed to the position of actions. others who it has claimed are soft on crime. But the test sits in the public policy outcomes and in terms of The government has made much of this more strident whether the rhetoric is borne out by action and results. I approach to law and order, of not being soft on contend that this side of the house has a very strong crime — and the corollary of that is the claim that record on crime prevention and on the reform of somehow those on this side of the house were soft on sentencing options. The outcomes are there to be seen crime when in government — and of jail meaning jail. with the lower rates of repeat offending. The statistics On each of those frames for debate or discussion the are there for everyone to see. coalition government falls short in the proof. In dealing with the complexity of this issue, we only I will talk about a number of issues that may arise as a have to look at the crime figures, including the family result of the bill. The bill removes the option for orders violence statistics, that were released yesterday. Putting to be made for home detention. Over the last few years aside the questioning of the government about the two types of home detention orders have been available validity of such figures, the fact remains that we have in very limited circumstances and for very low-risk seen an increase in family violence and a less than offenders: firstly, courts could make a home detention satisfactory response from the government as a result of order for a sentence of imprisonment of up to a year; the release of those figures. We have not had any and secondly, the Adult Parole Board of Victoria could family violence statements to say the government will strike in favour of a home detention order for a tackle this area of violent crime against the minimum-security-rated prisoner who had served no individual — the victims who this government claims it less than two-thirds of their minimum term and was supports through its so-called tough-on-crime, within six months of their earliest release date. jail-means-jail approach to sentencing and law and order. This bill will abolish that under a banner which says that somehow jail will mean jail and the government is I remind the house that it is very easy and it does not delivering on that aspect of its law-and-order agenda. cost much to talk the rhetoric of being tough on crime, But it is important to note that jail does not seem to but the proof of the pudding is in the results you get. I mean jail when it comes to using this bill as a fear the results we may receive. We do not know demonstration of that rhetoric. We only have to look at exactly how the law-and-order agenda of this the fact that under the previous government we had an government is going to stack up, but the fact is that it eight-year decline in recidivism rates in Victoria. There will be measured against the eight-year reduction in is a gulf between the rhetoric and the action of this recidivism rates that was achieved under the previous government. We only have to look at the fact that under government. That is what we will measure the this government jail does not mean jail, because up government against. until now at least it has only removed suspended sentences from three particular crimes. Obviously there Mr Mulder interjected. is some way to go before this government’s rhetoric meets its actions of jail meaning jail. Ms D’AMBROSIO — The Minister for Public Transport, who is at the table, talks about dodgy

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Wednesday, 31 August 2011 ASSEMBLY 2935 figures, but the fact is that what people on this side of terms of imprisonment. When the Liberal Party went to the house and victims of crime and family violence the election in November 2010 we had a very clear would have liked to have seen yesterday was a clear commitment to law and order. This commitment, which policy statement from the government to say, ‘We was one of many, was to abolish home detention as part acknowledge that family violence has increased, and of our law-and-order policy. In Victoria we take our this is our policy for reform in this area. This is how we law-and-order policy very seriously. For 11 long, dark are going to tackle crime prevention’, and family years we saw a soft-on-crime policy. Sadly, the violence is as valid a crime as any other crime that the statistics that came out recently indicate there has been government wishes to focus on. But we heard nothing an increase in family violence, but anyone who has from the government yesterday. studied and understands statistical data and the research behind the data that comes out will know that the What we heard a number of months ago from the figures are retrospective. This reinforces what the Minister for Crime Prevention was an admission of government says about the opposition, when in failure before the government had even started. He government, taking a soft-on-crime approach to crime projected there would be an increase rather than a and not really caring about the safety of families or decrease in crime over a period of years. If that is the individuals here in Victoria. That is an absolute measure that Victorians use to see where the disgrace. government sits on a lot of its crime prevention rhetoric, then it has already failed. If it is about The residents of Bentleigh that I spoke to prior to the lowering the expectations of the Victorian community, election told me they were supportive of this — — it is a sad reflection of the calibre of this government and its commitment to bringing about the results on the Mr Foley interjected. ground, which are about reducing crime in the first place. We have heard nothing whatsoever from the The ACTING SPEAKER (Mr Tilley) — Order! government about crime prevention, stopping crime The member for Albert Park can stand on his feet and before victims are created and dealing with the issue of raise a point of order but should not sit there and talk sentencing options to discourage repeat offenders. over the member for Bentleigh.

That is what Victorians want to hear from this Mr Foley — On a point of order, Acting Speaker, government. While the opposition does not oppose the the member for Bentleigh needs to understand the bill, because it is a policy which this government was forms and processes of this house and the historical very strident on in its election campaign, we do not facts. As a former serving police officer yourself, believe the government’s rhetoric matches its actions, Acting Speaker, you know that the entire process and in time we will see the results. They are results around the family violence strategy was one of which this government has already foreshadowed will changing the culture of the justice system from one end receive a big F for failure in terms of crime prevention to the other to encourage reporting — — and reduced recidivism rates. The ACTING SPEAKER (Mr Tilley) — Order! I Ms MILLER (Bentleigh) — I am delighted to stand have heard enough. What exactly is the member’s point to represent my constituents from Bentleigh in the of order? debate on the Sentencing Legislation Amendment Mr Foley — For the member for Bentleigh to take (Abolition of Home Detention) Bill 2011. I was the line she was taking is offensive to the victims of extremely disappointed to hear the previous speaker. I domestic violence and reveals her own ignorance more have to say there are more members on my side of the than anything else. chamber right now, which sends a very clear message that this government takes this matter very seriously. The GACTIN SPEAKER (Mr Tilley) — Order! We in government take our policy and this bill very Does the member for Albert Park want to raise a point seriously, and I have good representation here today to of order? What is his point of order? support that view. Mr Foley — I have made my point, Acting Speaker. The bill is about home detention as a sentencing option that is available to a court and to the Adult Parole Board Ms MILLER — As I was saying, during the of Victoria when an offender has partially served their election campaign residents in the Bentleigh electorate term of imprisonment. The bill will remove from the were very supportive of this policy and delighted by the adult parole board the power to make home detention prospect that if we were elected we would enforce the orders for certain offenders nearing the end of their policy. Basically it is about restoring truth in

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2936 ASSEMBLY Wednesday, 31 August 2011 sentencing, unlike what we have now after the previous The other thing I want to draw to the attention of the 11 long, dark years. It is about restoring community house is a media release about the coalition’s policy confidence in the law and in the judicial system — that was published prior to the election. It states: basically it means that jail means jail. What impact does it have on a family? Home detention is a cost and a Labor has been soft on crime for 10 years. It’s time to take a stand for victims of crime and ensure those who commit an burden on the families involved, and it can have an offence pay for their behaviour … emotional and a psychological impact on the members of families. It goes on:

This bill demonstrates that we are going to be strong Victims of crime need to have faith that the justice system and tough on crime; we are not going to be soft like our will provide sentencing that fits the crime. predecessors have been. Offenders who get jail Following on from that the media release states: sentences will also realise that in the past they were lucky to have had the privilege of home detention. It is Abolishing home detention will further improve Victoria’s going to simplify and clarify sentencing practices. sentencing laws alongside other reforms previously announced by the coalition, such as the two-year licensed Labor has confused this policy in the past, and this is premises ban for perpetrators of drunken violence. evident from the violence we have on our streets today. We are actually taking a firm stand, and we are not I want to emphasise that the policy that we are going to going to tolerate this any more. be introducing here — and I think it is a very good one — will basically make sure that our streets are safer From March 2004 to July 2011 a total of 617 home and that people who do commit crimes actually do the detention orders were made; 113 of which were made time — and that will be good for all Victorians. The by the courts and 504 of which were made by the Adult fact that we are getting an extra 1600 police and Parole Board of Victoria. Interestingly 492 of those protective services officers is going to ensure increased were male and 125 were female. This bill will preserve safety. We will have an additional 100 transit police as existing home detention orders. It will also rectify two well. In terms of Victoria having the lowest number of technical issues. The first is to insert a transitional police per capita in this country we are certainly taking provision and the second is to rectify a a stand and acknowledging that safety and violence cross-referencing error in clause 27(3). have been issues here in Victoria. This is just one of several clear parts of our plan to take a zero tolerance In conclusion, the government’s intention to abolish approach to improving safety and decreasing violence home detention will repeal the power of the courts or on our streets. I commend the bill to the house. the Adult Parole Board of Victoria to make home detention orders. These powers will be repealed when Mr BROOKS (Bundoora) — It is a pleasure to join commencement of the legislation is proclaimed. Jobs the debate on the Sentencing Legislation Amendment will not be lost as a result of the abolition of home (Abolition of Home Detention) Bill 2011. I will restate detention, and those staff members affected by the the position previously put by the shadow minister for legislation will continue to administer consumer protection that the Labor Party will not be community-based orders. In the past job loss may have opposing this bill. We understand it was an election been a possibility but not with this government. We are commitment of the incoming government, and given going to be doing the right thing by all Victorians; we that there are, according to my figures, only 20 people are going to be doing the right thing by the people of across the state participating in this program, it will not Bentleigh. When people are sentenced, because they have a large effect on sentencing outcomes in Victoria. have done the crime, they are going to do the time. To I will come back to this point and some of the other anyone out there this means that jail means jail. arguments made by the members opposite in a moment.

We are taking a strong stance with this policy, and we One of the issues I did want to touch on — and I do not will not be fudging figures as has been done in the past. think it has been covered in the debate so far — is that We are going to be open and transparent, and we are some people, particularly those who are willing to run going to be very clear in dealing with the people of the mantra about being tough on crime and locking Victoria. If people are going to commit a crime in any people away, might not want to look at the nuances of shape or form and they unfortunately get sentenced to this issue. The Scrutiny of Acts and Regulations jail, then that is exactly what they are going to get. They Committee (SARC) picked up on a couple of very are going to go to jail. They will not be doing any time important points in their Alert Digest No. 7 of 2011. I at home; they will not be having any impact on their quote from that committee report, which of course has a family or the community. majority of government members on it. It states:

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The committee notes that, since the start of 2004, sentencing $55 million for capital works. The opposition will keep judges have fixed non-parole periods in the knowledge that a watching brief on that massively expensive project. eligible offenders may be able to spend the last six months of their minimum terms of imprisonment in home detention. Indeed, since the start of 2011, sentencing judges have been For example, I urge members to look at the crime able to make directions as to whether offenders are eligible statistics released yesterday by the Acting Chief for home detention in that period. The committee observes Commissioner of Police. Nine months into its term this that, given these regimes, sentencing judges may have government has allocated $200 million to increase assessed the onerousness of non-parole periods for eligible security on public transport. Fortunately statistics show offenders in light of their eligibility for home detention orders. The existence of these regimes may also have led there were no homicides on public transport, however, eligible offenders to decline to appeal sentences that they there were 58 homicides in people’s homes. In addition, might otherwise have appealed. there were 1284 incidents of assault on public transport, but there were 16 185 incidents of assault in people’s It is not for me to jump to the defence of offenders in homes — 15 times more assaults in homes than on this place, but it would seem that through a proper railway stations. Some 3139 incidents of sexual assault, debate around judicial fairness offenders, when non-rape, were reported as having occurred in people’s deciding whether or not to appeal their sentence, would homes, with 193 incidents on public transport. take into account the fact that they may be eligible for home detention in the latter part of their sentence. There These figures give members an idea of the scale of the is an issue here around people who have already problem of family violence. As was discussed pleaded their case and whether or not they have been yesterday — and I think the Acting Chief afforded home detention. This law changes the Commissioner of Police acknowledged this — the goalposts once they have made that decision. It was an problem with family violence is that it is hard to important point raised by SARC. It is probably not understand its extent because we would imagine that a central to the debate here, which is more around the lot of it goes unreported. It is important that a politics than the sentencing outcomes, but it is an government in this state tackles that problem — — important point nonetheless. Mr Mulder — You had 11 years to do something We have heard a lot from members opposite with their about it. What did you do? comments of ‘jail means jail’ and ‘the last government was soft on crime’ — the softest thing on crime that I Mr BROOKS — I will come to that, because the have seen in the nearly five years I have been here is Labor government had a proud record of tackling the legislative program that this government has family violence. As the member for Albert Park tried to implemented over the last nine months. We have seen say in a point of order, it was the Labor government legislation come into this place that does very little to that introduced reporting mechanisms to ensure that tackle the real problems of crime in this state. It is great police followed up incidents of family violence. That to increase police numbers. The Bracks and Brumby stands in stark contrast with the performance of this Labor governments increased police numbers after the government, the members of which are only interested numbers were slashed by 800 under the former Liberal in law-and-order issues if they have a political outcome. government. We can talk about police numbers and If they can show a police officer standing on a corner or about putting police on the streets, but what yesterday’s a protective services officer standing on a railway police statistics show is the dark insidious problem — station with a gun, that is a good look for them, but if it ‘insidious’ was the word used by the Acting Chief is family violence, where it is very hard to convert the Commissioner of Police — of family violence in our resources of government into political capital, this community. Family violence has jumped by 25 per cent government goes missing. since the last year, a topic ably spoken about by the shadow minister for housing who is at the table, the This issue was picked up by Farrah Tomazin some time member for Mill Park. ago, well before these latest police statistics came out. I will quote sections of the article she wrote in the Age of I note that the government’s flagship law-and-order 19 June under the headline ‘For all his tough talk, Ted policy, the placement of protective services officers at Baillieu has been silent on domestic violence’. The railway stations, is costed at this point at $212 million. article states: We have to keep track of the cost because it keeps jumping up: there was the $50 million blow-out for that Yet for all the chest-beating around community safety, the government has been relatively silent when it comes to family program announced in the last budget, and then of violence. course there is the additional $55 million for capital works. At this point we are looking at $212 million plus Law and order shouldn’t just be about what happens on King Street, or at your local pub or train station. It’s as much about

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the brutality that women and children face behind closed publishing of mobile speed camera data. I will return doors. with much anticipation to the Auditor-General’s report If you’re going to argue Melbourne’s streets are rife with later on in my contribution. violence, you can’t ignore the proportion of assaults committed in the home. It is also appropriate during this debate to pose the same question I posed during the grievance debate earlier The article closes with the statement: today — that is, where is this government’s If the government really wants to get tough on crime, it comprehensive road safety strategy? It is coming at should address what happens behind closed doors. For too some stage. During question time we heard two many women and children, that’s where violence is at its extraordinary answers from the government. We heard ugliest. an admission from the Minister for Roads that we may get the strategy by the end of the year; therefore the The members of the government who are happy to comprehensive road safety strategy is 12 months chant their mantras and slogans of ‘Tough on crime’ overdue. The second extraordinary answer was from and ‘Jail means jail’ should focus their attention on the Minister for Police and Emergency Services, who where, according to these police statistics, the large was pretending that he was happy about the problem in crime is occurring. Family violence is a Auditor-General’s report. scourge in our society, and it really is up to members of the government to come up with a coherent strategy to Mr Noonan — It is embarrassing. tackle that problem. This bill, as I said, is not being opposed by the opposition; we are happy to support its Mr MERLINO — I think he is embarrassed by the passage. It was part of the government’s election contradictions between what was said by the coalition manifesto, but with only 20 people in the program it is in opposition and what the Auditor-General has made very hard to see how the opposition can beat their clear in his report today. On the question of where the chests about being tough on law and order, because this government’s comprehensive road safety strategy is, I particular piece of legislation will do very little to help look forward to hearing from each and every member those victims of crime. of the government during this debate where they think the road safety strategy is and when the people of Debate adjourned on motion of Mr NORTHE Victoria will see it. (Morwell). How on earth can this government justify the fact that Debate adjourned until later this day. more than 9 months — almost 10 months now — have passed since Arrive Alive was due to be updated? Nothing has happened: the road safety field has been ROAD SAFETY CAMERA vacated. The Minister for Roads, who promised to up COMMISSIONER BILL 2011 the ante on road safety, along with his road safety Second reading colleagues, the Minister for Police and Emergency Services and the minister responsible for the Transport Debate resumed from 31 May; motion of Mr RYAN Accident Commission, have failed miserably to uphold (Minister for Police and Emergency Services). the high standards set in Victoria over four decades. The successful Arrive Alive strategy helped drive the Mr MERLINO (Monbulk) — I rise to speak on the road toll down from 444 fatalities in 2001 to 288 last Road Safety Camera Commissioner Bill 2011. It is year — the lowest on record. In anyone’s language it ironic that we are debating this bill today, the day the has been an outstanding success. As the shadow Auditor-General has handed down his report on the minister for the Transport Accident Commission and road safety camera program. I am glad the Minister for road safety I am proud of Labor’s record in Roads is at the table, because I think he would be sorely government. I am glad the former Minister for Roads disappointed with the findings and recommendations and Ports, the member for Tarneit, is the shadow made in the report. The report completely debunks minister at the table. everything coalition members have said about road safety cameras, particularly what was said by the Following the election last year the government’s road Minister for Roads when he was shadow minister over safety partners, Victoria Police, the TAC (Transport the course of the Bracks and Brumby governments. The Accident Commission) and VicRoads, were ready to hit report not only debunks every single thing the shadow the ground running with the new administration. A minister at the time said but rebukes the policy the huge amount of work had been done over the course of government has implemented in regard to the a year developing ideas and proposals for the next

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Wednesday, 31 August 2011 ASSEMBLY 2939 iteration of Arrive Alive. The action plan was due to be months to debate this thing that will not do anything to released in December, and it was ready to go. What has make our roads safer. Members opposite do not want to happened to that work? It was ready to go. Surely it debate it because they know the debate will highlight does not take nine months to consider the work we how little they have done on road safety. know was prepared in the development of the action plan. This bill and the extension of Labor’s hoon driving legislation is no substitute for a comprehensive road This is one of the clearest examples of how dithering safety strategy. indecision has taken hold of this government. The people in the black hole of the Premier’s office have in Mr Mulder interjected. their clutches the work to deliver the update to Arrive Alive, but the three ministers responsible for road safety Mr MERLINO — It is not. Unfortunately those in this state are too weak to prise that work from the opposite are so incapable of thinking beyond their own hands of those at 1 Treasury Place and deliver it to the limited election promises that that is all the Victorian people of Victoria. This is a reprehensible situation. We community gets. Their attitude is, ‘If it is not our idea, it are talking about people’s lives. The issue is not is not a good idea and we are not going to even discuss optional. Road safety is not something a government it’. It is woefully inadequate. can choose to engage with or not. It is not acceptable to I talked earlier today about the cost of road trauma. We waste 12 months. Time after time we have said, ‘You had 288 fatalities last year, with 1400 Australia wide. don’t reduce the road toll by doing nothing’. We are There were almost 5500 hospital admissions in Victoria talking about the lives of Victoria’s citizens. Driving in 2010, with over 32 500 across the country. down the road toll is hard work. It requires constant According to the Auditor-General’s report the annual innovation and informed decisions through a clear financial cost for Victoria was $3.8 billion. Around the evidence-based approach. As we will hear later from country it is around $27 billion a year. the Auditor-General’s report, that is something the government categorically has not done. There is also the human cost to devastated families. I have had a number of discussions with Karen Where are the new ideas to further reduce the road toll Robinson, whose son was killed in a road accident. She and the impact of road trauma? The answer would be refers to the ripple effect, and she showed me the met with horror by anyone or any family impacted by presentation she makes at trauma seminars. People who the tragedy of road trauma, because, as was conceded have been convicted of dangerous driving are ordered by the minister during question time today, the answer to undertake these seminars, and Karen has a is that the government has no comprehensive road presentation which features her son in the middle and safety strategy and no vision of where it wants to take shows the ripple effect on the immediate family, the road safety over the next several years. extended family, workmates and friends. It goes on and As we have already heard, the government has shelved on, and it is quite confronting. Arrive Alive, scrapped the innovative road safety As I said at the beginning of my contribution, Victoria experience centre and reduced funding for road safety has a strong record of leadership and innovation in road initiatives. You do not reduce the road toll by doing safety. It was the first jurisdiction in the world to nothing. The opposition is not going to oppose this bill, legislate for the mandatory wearing of seatbelts in but let us be clear about what this bill does and does not 1970. do. The bill simply creates additional speed camera oversight. That is where it begins and that is where it An honourable member interjected. ends. This bill will not make our roads safer. It will not save one life, it will not help reduce serious injury, and Mr MERLINO — I take up the interjection. it will not change driver behaviour. It will not do any of Indeed, over four decades the support has been those things. This is the coalition government’s pathetic bipartisan. Victorian governments over the last four contribution to road safety in this state. decades have led the world on road safety initiatives, but you do not get bipartisan support for doing nothing. I suspect that government members are embarrassed by Labor will not support a government that does nothing. this debate. They are certainly embarrassed that this bill It may have been a Liberal government back in 1970 is being debated today, the same day the that introduced the mandatory wearing of seatbelts, but Auditor-General’s report has been handed down. This it is a poor reflection on the Liberal government of bill, which will not save one life, has been on the notice 2011. paper since May. We have been ready for months and

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As a state, from 1970 on we have consistently pushed said in an editorial opinion piece in the Age of the envelope as we have searched for effective ways to 11 August: reduce the impact of road trauma. We have introduced mass-scale roadside random breath testing and random We know that the greater the speed at impact, the greater the kinetic energy, and hence the severity of injury. Clearly drug testing, we have invested in safer roads and we anything that reduces the kinetic energy reduces the level of have introduced cutting-edge advertising campaigns trauma. We know from research in Scandinavia that even a that have made a difference. We have strengthened our 10 per cent reduction in speed across the road network licensing regime, and under the leadership of the former equates to 30–40 per cent reduction in fatalities. Minister for Roads and Ports we legislated for the The management of speed is the success story of road injury mandatory installation of electronic stability control in prevention, and much of this success can be attributed to the all new vehicles. Those are the things we have done, widespread roll-out of overt cameras, such as red light and those are the things that have made the difference. cameras — They have delivered a 35 per cent drop in the road toll does the minister want leniency for people who go from 444 fatalities in 2001 to 288 last year, but we through a red light camera? — know there is so much more that we need to do and must do. Two hundred and eighty-eight lives are 288 and covert, such as mobile speed cameras. too many, and almost 5500 injuries per year; the In combination, both overt and covert cameras act as a statistics are astonishing, and as I said earlier, the ripple deterrent, discouraging offenders from reoffending and effect on friends and family impacted upon by road deterring all road users, irrespective of whether they have trauma is immense. previously offended.

The final, sobering reality — and a point I would make He goes on to say: to a government that has done nothing and will do The evidence of the effectiveness of overt speed cameras is nothing for 12 months — is that, despite all the gains overwhelming, with recent evaluations of red light and fixed that governments on both sides have made over the last speed cameras in Victoria highlighting a 47 per cent reduction four decades, we are still more likely to die — — in casualty crashes and an associated cost saving to the community of more than $8 million a year. The evidence of Mr Mulder interjected. the effectiveness of covert speed cameras is equally compelling, with a further 21 per cent reduction in serious Mr MERLINO — The minister is one to talk. We casualty crashes observed following their introduction in Victoria a decade ago. are still more likely to die violently as a result of a road crash than from any other cause. We know that speed is Increasing road safety is all about changing behaviour, the key contributor; we know that speed is a factor in and as Professor Stevenson said, both overt and covert about 30 per cent of road fatalities. Speed reduces the cameras act as a specific deterrent. They may not time drivers have to react and avoid crashes, as well as always be popular, but we know road safety cameras reducing their ability to control their vehicle. Speed play a critical role and save lives. A look at the statistics lengthens stopping distances, increasing both the also shows that their deterrence role has been likelihood of an accident and the severity of the crash successful. According to figures published on the outcome. Transport Accident Commission website we have seen an increase in the hours that mobile speed cameras have I refer to page 59 of the National Road Safety Strategy been used over the last five years, and we have also 2011–2020, which under the heading ‘Evidence — seen a decrease in the number of offences recorded per what is known’ and the subheading ‘Crash risk hour of use. evidence’ says: In 2006 there were 75 868 hours of mobile speed The likelihood of being involved in a serious casualty crash rises significantly with even minor changes in travelling camera time recorded, and 10.12 offences per hour speed. For example, Australian research has shown that the were recorded. The annual figure reflected drops in risk of a serious casualty crash doubles with just a offences per hour for each and every year thereafter 5-kilometre-per-hour speed increase on such that by last year, 2010, there were 196 810 hours 60-kilometre-per-hour urban roads or with a 10-kilometre-per-hour increase on rural highways. of mobile speed camera time and 6.35 offences recorded per hour. The deterrence effect of speed The Monash University Accident Research Centre has cameras is working. been terrific in assisting the state and federal governments to develop road safety strategies and The proportion of vehicles travelling more than reduce road trauma for some 20 years. I quote Professor 10 kilometres over the speed limit has dropped to less Mark Stevenson, the director of MUARC, who recently than 0.7 per cent of the total recorded offences by speed

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Wednesday, 31 August 2011 ASSEMBLY 2941 cameras in 2010. It was the lowest figure ever recorded. Mr Mulder — You’re an angry man. This demonstrates a pattern of behaviour. It demonstrates that people are changing their behaviours Mr MERLINO — No, I am mild mannered — I for the better. I highlight this and will refer to the really am. In 2003 the then shadow Minister for National Road Safety Strategy 2011–2020. In this Transport, one of the coalition’s worst offenders, was strategy there is a case study of Victoria. It says on reported as saying: page 61, under ‘A speed enforcement case study’: The Bracks government is squeezing every last dollar out of the Victorian motorist … In 2000, Victoria had a relatively intensive enforcement program, including covert speed cameras, backed by an extensive speed-related public information program. Starting In 2007 he said the use of the term ‘road safety camera’ in December 2000, Victoria progressively introduced a was a deliberate political ploy. He then was reported as package of measures to improve speed compliance, including: calling it a ‘speed camera revenue-raising bonanza’. In 2009 he was reported to have said: increasing speed camera operating hours by about 50 per cent; John Brumby writes a speeding fine every 25 seconds … making enforcement more covert and unpredictable; In 2010 he was reported to have said road safety increasing the number of enforcement sites in use; cameras were an ‘underhanded form of speed monitoring’. He was reported to have said in terms of lowering the speed camera enforcement tolerance; dangerous driving through intersections and revenue reducing the thresholds for penalties applying to that: different levels of speeding offence; The latter takes precedent with the Bracks government. increasing the amount of speed-related advertising. In October 2010 he was reported as having said that A comprehensive statistical evaluation of the impact of this people who run red lights should get off with a warning package found that by the latter half of 2004 it had resulted in a 10 per cent reduction in all casualty crashes (involving death and that: or injury) and a 27 per cent reduction in fatal crashes … [Drivers] are getting absolutely sick of it … That is a Labor. That is a road safety strategy delivered That meant that drivers were getting absolutely sick of by Labor. That is what we expect this new government being fined when they drove through a red light. It was to do. not just the present Minister for Roads who spent time The evidence is clear about road safety cameras — they attacking road safety cameras and their impact on have an impact on driver behaviour. Why was it that tackling road trauma. During the election campaign the members of the then Baillieu opposition ran a then Leader of the Opposition reportedly said, ‘Most consistent campaign to undermine public confidence in people think speed cameras are revenue raising’. He road safety cameras? In a reckless and dangerous was reported to have promised to locate them: manner, in complete contradiction of the facts and where they are needed, not just for revenue … contrary to expert advice, it peddled the message that road safety cameras were not about road safety but Members should not let this convenient political story about revenue raising. It did this — I will outline that get in the way of facts. Firstly, the Auditor-General’s that is beyond doubt. The fact that it did this findings in the report of July 2006 entitled Making undermines the integrity of this government when it Travel Safer — Victoria’s Speed Enforcement Program comes to road safety. state at paragraph 4.4.4:

We heard the hypocrisy of the Minister for Police and We are satisfied that targeting of mobile camera activity to Emergency Services during question time. What did sites is primarily based on reducing travel speeds and risk, rather than maximising the numbers of infringements issued. coalition members say when they were in opposition? Frankly they were a friend of the hoon. In 2003 the then Deployment to sites takes into account crash history, traffic shadow Minister for Transport, the member for volume and infringement rates. We found no evidence that Polwarth and current Minister for Roads — — deployment to sites was targeted at maximising ‘hit rates’ of infringements. Mr Mulder interjected. That is supported by the Auditor-General’s report that Mr MERLINO — They may laugh now, but was handed down today, but the then opposition opposition members should have a listen to quotations blatantly ignored those facts. If the coalition’s reckless of their colleagues. In 2003 — — and dangerous statements became its policies, it would

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2942 ASSEMBLY Wednesday, 31 August 2011 lead to an increase in the road toll — that is, there members of the coalition, who at every opportunity would be more deaths and more injuries. during the last several years attacked road safety cameras. They were the primary cheerleaders of the In responding to the crazy suggestion that people cameras as revenue-raising brigade. The misguided should be able to run red lights and get away with it, belief that the Minister for Police and Emergency Bruce Corben from the Monash University Accident Services rebukes now that he is in government was the Research Centre was reported to have said: chief criticism of the coalition. This misguided belief was held with a passion by the Premier and the Minister Any moves to soften the enforcement is likely to lead to a less effective outcome against one of our most concerning for Roads. categories of death and serious injury … As I have said, the bill we have before us does not That is, more deaths and more injuries. This was the contain a comprehensive road safety strategy; it simply reckless nature of the opposition before it formed creates the statutory office of road safety camera government. Each of the statements made by the commissioner. The commissioner will be empowered member opposite was deliberately designed to diminish to conduct at least annually reviews and assessments of public confidence in the use of road safety cameras; the accuracy of the system and the information each was carefully crafted to paint speed cameras as provided by the Department of Justice. The some kind of elaborate ploy to rip motorists off by commissioner will undertake investigations into the deception. They were dangerous, irresponsible and integrity, accuracy and efficiency of the system as reckless statements that undermined public confidence requested or agreed to by the minister. The and ignored the fact that road safety cameras save lives. commissioner will also receive complaints. Importantly, though, the commissioner will not The coalition now in government has done a complete investigate individual complaints. There will be no backflip on road safety cameras. Now coalition change to the way individual complaints are handled; members say — and we heard the Minister for Police they will simply be referred to the existing review and Emergency Services say this during question processes through Victoria Police, the courts and the time — that cameras save lives, and not only that but Ombudsman. Any member of the public expecting after years of attacking Labor for perceived revenue anything different from the bells and whistles that were raising through road safety cameras, the Baillieu promised will be disappointed. The commissioner’s government has lifted projected revenues from road complaints investigation power is limited to issues that safety cameras in its first state budget. suggest a systemic failure. These issues may be investigated and recommendations may be made to the I refer to an article that appeared in the Age of minister. The issue of the independence of the 31 January. It states: commissioner is something the government must Mr Ryan said there was a misguided broad belief among clarify during the course of this debate. The minister Victorians the government used cameras purely for revenue promised on 31 January that the road safety camera raising. commissioner would be ‘an independent third party’, ‘I don’t believe that is right’, he said. and on 25 May he said the commissioner would have ‘wide-ranging powers to receive and investigate What hypocrites! In February the Minister for Police complaints’. Given those comments promising and Emergency Services rightly pointed to the road toll wide-ranging and independent powers, why is it that the of 776 fatalities in 1990. The year speed cameras were commissioner may undertake investigations into the introduced there was a record low of 288 fatalities. In integrity, accuracy or efficiency of the system only if an online article entitled ‘Camera locations will save requested or agreed to by the minister? Why is there no lives’ Mr Ryan is reported as saying in February: own-motion power?

We are seeing that direct impact as a result of the cameras. At the departmental briefing the opposition was informed that the terminology ‘own-motion’ would be A Herald Sun article of 20 April reports Mr Ryan as better described in this way: the commissioner may saying: form a view from complaints that there may be a The government believes speed cameras work. We believe systemic issue and then investigate it. There is no fully that cameras do save lives. We are not going to apologise for independent, non-qualified power to investigate them. own-motion inquiries. In addition to the commissioner’s powers, the bill will enable the creation The only ones who need to apologise are the current of an expert reference group to provide advice, and the Minister for Roads, the Premier of this state and other commissioner must report to the Parliament annually.

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In the last couple of minutes let us get to the report of Mr MORRIS (Mornington) — I must say we have the Auditor-General. I will quote from some sections of just been treated to a remarkable tour of the road safety this report. Given all the quotes I have read out from the scene over the last 40 to 45 years. At the 25-minute Minister for Roads and other members of the coalition mark the member for Monbulk actually managed to attacking road safety cameras, what did the speak about the bill for 2 minutes out of 30 minutes. Auditor-General say? He said in his report: Apart from that, it was a grudging admission that opposition members were not opposing the bill. The Road safety cameras improve road safety and reduce road central difficulty with the system we have at the trauma, and their ongoing use as an enforcement tool remains appropriate … moment is an absolute lack of confidence in the system Labor designed. A strong body of research shows road safety cameras improve the behaviour of road users, and reduce speeding and If there is anything being blatantly ignored it is the road crashes. recommendations of the Auditor-General. Obviously In reference to generating revenue the report states: the member for Monbulk did not quite cotton on to the actual recommendations that the Auditor-General has … but this is demonstrably not the primary purpose … made. He made it clear that there is a need to strengthen assurances and to establish regular independent testing The deployment and siting of fixed and mobile cameras is based on the road safety objectives of the program … of the accuracy and reliability of the speed measurement of mobile speed cameras, a need to … the processes and controls in place provide a particularly increase assurance of the accuracy of infringements high level of confidence in the reliability and integrity of the from mobile cameras and a need for a stronger road safety camera system. assurance that the mobile camera operators comply The report goes on to state on page 11: with critical procedures. The Auditor-General also suggested that there was an absolute need for an Cameras have been repeatedly shown to be effective in increase in transparency in certification and that justice reducing crashes and speeding … should be requiring certification service providers to … comply with appropriate quality controls. It goes back to a lack of confidence in the system. That has been the Evidence from Australian and international jurisdictions problem: a lack of confidence in the system that the strongly supports the use of road safety cameras to reduce road trauma. former government put in place. One of the findings of the report is: One of the great privileges of being on this side is that we get the opportunity to set the agenda and to fix the The criteria for siting fixed cameras are soundly based on problems from the last 11 years. We have the crash risk, and all decisions since they were developed have opportunity to deal with problems that have been adhered to these criteria. around for so long that they have become almost The decisions on fixed cameras have always adhered to institutionalised. Road traffic cameras are an essential these criteria. They are always based on reducing road part of the enforcement armoury. If members look back trauma and cutting down the road toll; they were never over all the contributions I have made on speed cameras based on gaining revenue. over the years, they will see that I have never argued that point. They are effective. Not only are speed The final point I would like to make is that the one cameras effective but fixed cameras at dangerous thing the government has done on road safety cameras intersections are a constant reminder to drivers that they is publish their location. What does it say on page 34 of need to obey the rules. the report? It states: Mr Noonan — In other words, you are embarrassed Mobile cameras are intended to create the perception that if about your colleagues. you speed, you will get caught. Since January 2011, DOJ has published a weekly list of sites that have a mobile speed Mr MORRIS — I am not the one who needs to be camera rostered to it … This practice is inconsistent with the intention of the program. embarrassed by this; it is your system that needs fixing, guys! The report refers to the situation in Warrnambool. By publishing the statistics the people in Warrnambool The essential integrity of the system has to be beyond know they can speed because there are no mobile dispute, and that has not been the case for a very long cameras. It is an absolute disgrace. time. For too long the manner in which the oversight of the cameras has been conducted has been left to a

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2944 ASSEMBLY Wednesday, 31 August 2011 system that is open to doubt. There was not a single The point is that people mostly accept responsibility person or even one authority that had the capacity or the when they do the wrong thing. They do not like it. They power to act when it was clear there was a problem will whinge about it, and they will carry on about it, but with the system. they will accept it and pay the fine. It comes at a cost, but they will wear it. The number of people who have One location — and members of the 56th Parliament been complaining about this camera makes it clear that will be aware of this, as I have spoken about it there has been a problem in this case. There are steep frequently — in the Mornington electorate became penalties, as indeed there should be, for running a red notorious because of problems and failures in the light. In terms of the other camera, there were operation of the fixed camera at the corner of incredible numbers of speeding tickets issued but no Bungower Road and Nepean Highway in Mornington. complaints. There was a problem with the red-light The record shows that I raised this matter on the camera. People were quite certain they had not adjournment on two occasions. I also raised it in a committed an offence, and hundreds of complaints members statement, and it was the subject of a response were received. As I said, there are steep penalties, as to 32 questions on notice from the then minister for there should be. There is a significant fine and the loss roads and the then minister for police and another 20 or of three demerit points if you run a red light. It is an so that were not answered by the time Parliament was entirely appropriate penalty if an offence has been prorogued. committed, but of course when no offence has been committed it is entirely unfair. Despite all that activity on my part and on the part of my constituents, and indeed many other attempts and One of the things the Bungower Road experience efforts to get through the processes, we were totally underlined for me is that despite an incredibly high unable to obtain a satisfactory explanation as to what number of prosecutions and complaints the only option the problem with these traffic cameras was. Just up the we had, and that my constituents had, was to pursue road there is another set of cameras that I have had not each one individually. Hundreds of separate court cases one complaint about. The Bungower Road cameras would have had to be prosecuted, each one considered receive literally hundreds of complaints. Do not tell me in isolation from the others. There was no capacity in that I have a totally different community less than a the system at all to say, ‘Look, we’ve got a problem kilometre up the road. It is the same people using both here. There is a wider issue and it needs to be dealt intersections, yet there is a problem with one and not with’. with the other. The proposal put to the house by the government is When the questions were asked the departments of certainly a welcome one — that is, to establish an office Justice and Transport effectively played pass the parcel. of road safety camera commissioner, with the processes Upon my initial inquiry in February I was told road and authority that are to be provided to that office. As I safety cameras were managed by the Department of said at the outset, the central intent, and I believe the Justice. I wrote to that department only to be told that outcome, of this legislation will be improved timing issues were the responsibility of the Minister for accountability and improved transparency for the entire Roads. From my own investigations, entirely road safety camera system. With that transparency and non-technical of course, it seems that there were in this accountability will come renewed credibility for the case a combination of what you might call system and improved public confidence in it. Public cross-jurisdictional matters — issues with the cameras confidence simply does not exist now. and the sensors caused the problem with this set of lights. The commissioner will be a part-time position. It will be a Governor in Council appointment for a three-year In my second adjournment matter I raised directly the term. It will be an independent office, and it will have issue of the road sensors. Unfortunately the then the capacity to provide the assurance that the Victorian responsible minister, Bob Cameron, did not have the community so desperately needs to know that the traffic opportunity, to put it charitably, to respond prior to camera system is working properly. The three main leaving the Parliament. I made the point that this is not purposes are, as the legislation outlines, quality the only camera in the area; there is another one around assurance, complaints management and the power to 800 metres to 1 kilometre down the road. There has look at the issues relating to the integrity and accuracy been not one complaint about that camera — it is of the system. There is provision for a reference group, exactly the same setup — but literally hundreds of and given that this is a very technical field, I think that complaints about the others. is an important role that will assist the commission and provide detailed assurance. Importantly, under

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Wednesday, 31 August 2011 ASSEMBLY 2945 clause 21 there is capacity to report findings directly to government, but it is revenue that is also reinvested in the Parliament. reducing the road toll.

This is an excellent bill. It will restore public While there is no dispute that public confidence in road confidence in the system. It will provide the capacity to safety cameras is low, one must question the cost of this deal with the problems of the type I have alluded to in commissioner, the staff and the infrastructure that the relation to Bungower Road. I certainly welcome the government is proposing to address this issue, instead implementation of this policy commitment. of it looking at the proposals of the Auditor-General, which are about improving the communications Ms HALFPENNY (Thomastown) — I rise to speak strategy to allow people to better understand the in the debate on the Road Safety Camera workings of the system. Commissioner Bill 2011. The bill establishes a Victorian road safety camera commissioner in an Given that there are such limited responsibilities for this attempt to restore public confidence in the system. I commissioner, albeit that it would be a part-time have to say, based on what the he said, previous commissioner, surely those responsibilities could be speaker needs to improve his advocacy skills on behalf added to existing functionaries, rather than taking of his constituents, and he obviously has not read the money from other projects to fund this one. This Auditor-General’s report that actually talks about government’s way of doing things is slowly emerging, evidence-based investigation into the road safety and I say slowly because its rate of achievement is so camera system and its integrity and accuracy. slow that it would be hard-pressed to trigger a speed camera. This government is quick to cut funding to We know this system has had its problems and faults in essential and basic services in order to pay for its the past because of the wrongful issuing of fines in obsession for reviews and projects that give the some cases. There is also a general perception that the impression of action; however, what is needed on the road safety cameras are about raising revenue for government benches is a serious engine tune-up. The government rather than about improving safety on our reality is that essential services are being cut and roads. However, it should not be forgotten that these sacrificed to pay for projects like this one, and there are cameras can and do reduce road trauma, reduce plenty of questions that typically this government is accidents and save lives. They also reduce the leaving unanswered. For example, how will this heartbreak that can be caused by dangerous driving. As commissioner in apparent isolation actually make the I have said, this has been confirmed by the latest roads safer, given the government’s failure to update Auditor-General’s report released today. the Arrive Alive program? How are we and the public to feel better about a system when it is clearly beholden Let me be clear in saying that the opposition does not to the minister of the day? oppose this bill, but it does have lots of questions. Those questions are concerned with whether this bill I would like to see these questions answered by this and the introduction of the commissioner will lend government before it embarks upon yet another reform themselves to what is necessary to reduce the road toll, just for the sake of it. But sadly this government’s or whether this might be a time for the government to modus operandi is becoming all too clear — that is, cut consider that there is an awful lot that it is not doing and programs that work and that matter to hardworking that it seems to be content to leave a lot of things Victorians in order to fund projects that are a triumph of undone. spin over substance and that will not achieve their stated aims. We see the innovative and highly Comments made a number of months ago in the Age by successful Innovative Developments in the Education the RACV general manager of public policy reflect the of Children with Autism program for autistic children general view in some ways when he said that the at Moomba Park Primary School about to be scrapped credibility of the speed camera program was in by this government because it cannot provide $150 000 question. He said that speed cameras should be placed to continue the program; we see students and teachers in locations of high accident risk, or where it is found at Thomastown West Primary School forced to work in that there were large numbers of speeding drivers, but leaky, smelly portables because this government will that they should not be placed in locations clearly not provide money to build classrooms; and we see designed to raise revenue, such as at the bottom of hills. students that might otherwise drop out of school have This has been the perception, and the bill is supposed to their Victorian certificate of applied learning restore the credibility of this system — a system that opportunities — — generates revenue. Yes, the revenue is for the

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Mr Dixon — On a point of order, Acting Speaker, But again this government embarks on a strategy that is the member is way off the bill now. I am more than about a win for spin over substance and which uses a happy to engage in an education debate, but I costly bureaucracy as a mechanism to push problems to understand that this bill is about speed cameras. arm’s length and to further delay any meaningful action. The ACTING SPEAKER (Mr Tilley) — Order! I ask the member to come back to the bill. Mr WELLER (Rodney) — It gives me great pleasure to speak on the Road Safety Camera Ms HALFPENNY — I am talking about the bill Commissioner Bill 2011. There is no doubt that if you and the cost of the bill. reduce speed you will save lives. The members for Lara and Geelong, who are in the house tonight, were The ACTING SPEAKER (Mr Tilley) — Order! members of the Road Safety Committee of the The member is talking about education. 56th Parliament, along with me and your good self, Ms HALFPENNY — We have young mothers and Acting Speaker, and it was clear from all the evidence fathers denied access to affordable child care that would that if you reduce speed you will save lives. All of the allow them to participate in training and skills research showed a direct correlation between speed at development because that money is being cut, and impact and injuries to the person. Indeed speed cameras instead we are looking at a part-time commissioner to are a good tool to use for reducing speed. However, the investigate road safety cameras. We will have a paid community must have confidence in the integrity of the commissioner, any necessary staff to be employed and speed cameras to be effective. This bill provides for the paid and a board of reference of up to seven people, appointment of a road safety camera commissioner, who will be paid fees and travelling and other which will give great confidence to the community in allowances as approved by the minister. How much the use of speed cameras. will all this cost when we are losing money in such Later I will go into the details of how this will happen, important areas as education? but first I will take up some of the points made by the If this government were really serious about road safety member for Monbulk and the member for and road safety camera integrity, it would also be Thomastown, who is still in the house. The member for placing cameras that could catch and deter hoon Monbulk said this government has no strategy. The drivers. In previous debates in this house the minister made it quite clear in question time today that introduction of stiffer penalties for hoon drivers and he has refreshed the strategy and that there will be a full general road safety measures were supported by both strategy coming later this year. I hear people say, sides of this house, and the question was also raised of ‘When?’, and, ‘It is taking too long’, but what we do how to prevent or police hoon driving. Yet there is no not want to be is a knee-jerk-reaction government, like addressing of these sorts of issues in this road safety the Gillard federal government. We have seen what it camera bill. did with the live cattle exports. Its knee-jerk reaction stuffed up the whole industry. I hear regular complaints about dangerous driving from residents and constituents, particularly around Mr Trezise — On a point of order, Acting Speaker, Reservoir and Thomastown, and the same streets are what the member is talking about is totally irrelevant to always cited. Residents are woken up by the noise of the bill. I ask you to bring him back to the bill. revving cars, speeding cars and the screeching of brakes The ACTING SPEAKER (Mr Tilley) — Order! and burnouts. They lie in bed and wonder if a car is Yes. The member for Rodney. going to come crashing through their bedroom window. Many residents have actually experienced cars crashing Mr WELLER — Then let us use hoon driving as through safety barriers that protect their homes or cars an example. It has been mentioned by the member for ploughing into their fences. If this government really Monbulk as well. The Labor government introduced wanted to restore public confidence, it would also act to hoon driving legislation, but two or three months later it use cameras to prevent and deter this sort of driver had to bring it in again for amendment because it had behaviour that is very much complained about. Both got it wrong. It wasted the Parliament’s time because it fixed or mobile real-time road safety cameras could be brought in hoon driving legislation that said a hoon’s installed to do this. car would be confiscated for 48 hours. What did that mean? It meant a hoon could go out and do what he The police, councils, the RACV and even blind Freddy does — I would not know what a hoon does — get his could tell this government how it could take action to car confiscated for 48 hours, on Friday night, and then restore confidence in valuable road safety strategies.

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Wednesday, 31 August 2011 ASSEMBLY 2947 get it back to drive to work on Monday. He could get it Here we are, and we are actually going to address the back Sunday night, and that was not a deterrent. problems. That is what is important about this — fixing the problems — and we are getting on with it. The next In opposition we told the then government that that point is: would not be a deterrent, but it would not listen. So then what did it do? It brought the legislation back in to investigate any matter in relation to the road safety camera and extended the confiscation from 48 hours to 14 days. system that the minister refers to the commissioner; It took a change of government — when we came to to provide advice to the minister on any aspect of the road government we took the car off the hoon for 30 days — safety camera system … for it to be a real deterrent. We are about real reaction, not just knee-jerk reaction for spin, as the previous It is very detailed, I know, but I think the point needs to government was. be made. Next: to refer any appointment matters to the reference group The pertinent clause in the bill is clause 5. It states: established under clause 14 — The Governor in Council may appoint a person as the Road which I will talk about later — Safety Camera Commissioner. The government will appoint a commissioner who will for research and advice; be independent of the Parliament. He will be truly to keep records of investigations undertaken and complaints independent and make independent decisions. We have received by the commissioner and any action taken in heard the member for Monbulk, in his contribution, response; speak about what the commissioner will do, but he did to make available to the minister, on request, the records kept not go through the whole lot. For the benefit of the under paragraph (i); house I will go through all that the commissioner will do. According to the explanatory memorandum of the to undertake any other function conferred on the commissioner by this bill or by any other act. bill, which refers to the functions of the commissioner in clause 10, he will: Then the commissioner needs some expert advice, and that is why there is a clause in the bill about the … undertake, at least annually, reviews and assessments of the accuracy of the road safety camera system, in order to reference group. monitor compliance of the system with the Road Safety Act 1986 and regulations made under that act … Mr Noonan — They wouldn’t be asking you! We have heard members on the other side talk about Mr WELLER — I hear the member for the Auditor-General’s report that came out today, and Williamstown saying they would not be asking me. I do recommendation 5 actually states that that is what we not profess to be an expert. I am not qualified, and I am need to do. So we are ahead of the game; we had this quite sure that he is not, but that is why he is on that measure already in Parliament on the day it came out in side, because he thought he was more qualified than he the Auditor-General’s report. I must congratulate the actually was! member for introducing it when he did. The next function of the commissioner states: The explanatory memorandum on clause 14 states:

to undertake, at least annually, reviews and assessments of the Clause 14 provides that a reference group of advisers to the information about the road safety camera system that is made commissioner may be established. The reference group will available publicly by the Department of Justice … consist of not less than three and no more than seven members who are appointed by the minister on the to undertake investigations requested by or agreed to by the recommendation of the commissioner. minister into the integrity, accuracy or efficiency of the road safety camera system; What are the skills that these people will have? They will be experts in the field of road safety research, they to receive complaints about the road safety camera system, will be experts in road safety engineering and they will and either refer a complaint to an appropriate body for further action or provide information on the available avenues for also be experts in road safety camera technology. I resolution of a complaint; would have thought members of the opposition would have been more interested in this than the football, but I to investigate those complaints that appear to indicate a will keep going. systemic problem with the road safety camera system, and make recommendations to the minister to address any systemic issues … We also need to remember that the opposition is trying to discredit the government for claims that we made in opposition. They have not said that I made any claims.

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They are trying to say that we are not credible because overseas — also with the member for Lara and the we made these statements, but what they will not member for Rodney. We visited places in Europe, Asia acknowledge is the ultimate umpire — the voting and the United States, and the list goes on. I can assure public of Victoria. In November 2010 Victorians chose the house that Victoria was seen as a leading light in the coalition as being more credible to govern this state road safety not only across Australia but across the than that rabble Labor mob. All Labor did was spin, globe, as I said. Other jurisdictions noted Victoria’s spin, spin, spin and spin. It tried to spin the idea that leading role in the implementation of speed camera taking a car off a hoon for 48 hours was a deterrent. We systems and regimes. In the road safety academic and all saw that that was not effective, so it then brought the enforcement sectors around the world it was recognised bill back in. that Victoria’s significant drop in road fatalities in the early 2000s, just after Labor was first elected, was Mr Eren interjected. directly related to the introduction of speed camera initiatives and the strong enforcement measures we put Mr WELLER — The member for Lara obviously in place for their operation. has not read the bill because he does not know what it is about. The bill is about speed cameras, but I am making The Bracks and Brumby governments did not only lead references to the contribution of the member for the way in speed limit enforcement. When you look at Monbulk, who talked about it being ‘their hoon policy’. other legislation that was put through this house over Yes, initially it was, but it had no spine. There was no that time, you can see the high priority that the Brumby deterrent to the hoons. After 48 hours, on Sunday night, and Bracks governments put on road safety, and thus on they had the car back, so they could go to work on saving people’s lives. I was pleased and proud to be Monday. integrally involved in initiatives like introducing new speed restrictions around schools. Then we tightened The key role that road safety cameras play in road speed restrictions around shopping centres. We safety will be emphasised. The increased accountability introduced a new licensing system for learners permits and transparency of the road safety camera system will and P-plates. We then went on to initiatives to deal with help build the public’s confidence in the system, truck safety, hoon driving, fatigued driving and drug demonstrate the government’s real commitment to the driving. I think it was in 2006 or 2007 that we safety of Victorians on the roads and ensure the introduced electronic stability control legislation, and ongoing integrity of the road safety camera system. the list goes on. These sorts of real initiatives, Mr TREZISE (Geelong) — I am very pleased to be effectively and systematically implemented, literally speaking on the bill today, having had a particular saved hundreds of lives over the 11 years of the Bracks interest in road safety since being elected to Parliament and Brumby Labor governments. in 1999. It is always a pleasure to speak after the Although the then opposition supported all Labor’s member for Rodney, because he makes even me look road safety legislation through this house, outside of good! As a former member of the Road Safety this house it disgracefully undermined important Committee, the member for Rodney knows that the initiatives like speed cameras for its own political ends. initiatives the Bracks and Brumby governments took On many occasions over those 11 years the opposition over roughly a decade did save lives on the road. It was undermined these vital initiatives — for example, by interesting to hear the member for Rodney talk about referring to speed cameras, which save lives, as cash the half a dozen roles the new road safety camera cameras and revenue raisers. But lo and behold, on the commissioner will have. Importantly not one of those day this bill comes into the house — — roles will save lives. That is the weakness in the legislation before the house; it is about bureaucracy, not Mr Eren — They see the light now. about saving lives on our roads. Mr TREZISE — As the member for Lara said, I served on the Road Safety Committee from 1999 to those opposite saw the light. In question time today we the end of the last Parliament, some of that time with heard the Minister for Police and Emergency Services the member for Rodney and the member for Lara. We brag about the Auditor-General’s report that are well aware of the fact that the Bracks and Brumby unequivocally states that speed cameras are not revenue governments undertook significant and effective raisers. It was sheer hypocrisy from the minister. initiatives that saw Victoria become a leader in road safety not only across Australia but across the world. My concern is that the new government does not have As part of my role on that committee on a couple of any strategy to reduce the road toll, as was pointed out occasions I had the privilege and opportunity to travel by the shadow Minister for Police and Emergency

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Services. It has been in office for more than nine Everyone in this chamber would agree with the national months and it has failed to provide any foundation or road safety experts’ objectives that there should not be clear strategy to save lives on our roads. As the shadow one death on Australian roads and not one serious minister correctly pointed out and as I said before, the injury. A number of years ago I was travelling up the bill will not save any lives. The creation of a speed Hume Highway and I was one of the first people on the camera commissioner will not save one life. There is scene after a head-on collision. I saw the dying nothing in this bill that will change driver behaviour or moments of a young lady in the front seat. Her neck make our roads safer. had been broken and her husband, who was severely concussed, was barely aware of what was going on As I understand it, we are supporting the bill, but in after the collision. He survived the accident, she did essence it creates another bureaucracy and that is about not. A young child in the back seat also survived the it. It does not save one life. I call on the government, accident. Probably five or six years later I had occasion the Minister for Police and Emergency Services and the to mention the accident to someone I knew. That person Minister for Roads to get their act together and take real asked probing questions about what time of the year it steps, like the introduction of a road safety strategy, to was and where it was. It turned out that the lady who continue the good work of the former Bracks and had been killed had been a close friend of this lady. It Brumby governments. led to a subsequent series of conversations with family members. I remember being approached by the father Mr THOMPSON (Sandringham) — The bill of the lady who had died who was keen to ascertain the before the house is an important one. It presents one of dying moments of his daughter as there was no direct a number of measures adopted by this chamber over the understanding of what her circumstances had been. He last 50 years or more to improve safety on Victoria’s took those matters on board in confidence. The object roads. A number of important initiatives have been of these remarks is to point out the poignancy and developed over time, including compulsory seatbelt far-reaching effects of the tragedy of people being legislation, random breath test legislation, killed on Victoria’s and Australia’s roads. improvements in road design, drug testing and other initiatives that have resulted from the bipartisan work of There has been a significant reduction in the road toll. successive parliamentary road safety committees. In the last 30 years there has been an almost halving of the national road toll, and Australian parliaments can I will provide a backdrop to the legislation. Victoria feel some sense of accomplishment. But to the extent leads the world in road safety as measured by the that there were 288 people killed on Victorian roads last proportion of accidents to vehicles on the road and a year according to national benchmarking, it is 288 lives range of other criteria. At the same time it is important too many that have been lost. Then there are the that there is public confidence in our road system. I note multiple injuries and hospital admissions that result that 1.3 million speed and red-light camera fines have from serious accidents. been issued over the last 12 months; that is a large number of households affected by the road camera The appointment of a road safety camera commissioner system. will give people who feel aggrieved an opportunity to have an independent process. It is one thing to write to It is important for Victorians to have a sense of the camera office and get a copy of the photograph; it is confidence. Oftentimes when someone picks up a another thing to try to determine the veracity of the parking ticket they are aware of their misfeasance in timing of the equipment. I believe this bill will give that regard and they are happy to accept they were in people an opportunity to raise issues in the public the wrong and, under the process of strict liability, they interest where they might have a grievance regarding are liable to pay the fine. If someone is speeding on a the operation of a camera. road and they pick up an infringement, on many occasions they may be aware of the circumstances There have been documented examples on under which they were travelling and the fact that they Melbourne’s roads where cameras have been found not may have been over the speed limit and they are to be working correctly, and there can be far-reaching prepared to pay the fine. But over recent years there consequences in that particular circumstance. In my have arisen a number of more anonymous electorate there was a bus driver who faced the loss of circumstances where there has been a level of his licence. He was from a non-English-speaking uncertainty. The parliamentary record of this chamber background. He had a mortgage to pay, a family to feed would show that level of uncertainty has been raised and a wife to look after. The potential loss of his licence through representations from members of the public. was a major concern to him, so much so that he was quite upset when he made his representations through

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2950 ASSEMBLY Wednesday, 31 August 2011 my office. There is also the example of another family two-lane, each-way carriageway approaching an that picked up three fines within the space of a few intersection as might apply to a 10-lane carriageway, days. The impact of that was to place licences in which is far more complex but to which the same time jeopardy and in turn to place livelihoods in jeopardy, so applies. While mathematically the camera might be we are speaking about some serious matters. The cost adjudged as being in operational order and while the of someone raising a matter in court can move up in siting of the camera might meet compliance standards multiples of $10 000 at a time — $10 000, $20 000, in terms of its physical location, the complexity of the $30 000, and even $40 000 if one seeks to dispute the intersection which the police or an engineer may evidence in court in relation to a particular fine that has choose to take into account may not be the same criteria been incurred. as those people who work on hand-eye coordination, the assessment of visual images and the timing The particular provisions of the bill that I would like to reactions as people take on board this wider range of refer to include that under the functions of the material. I think there is another body of evidence that commissioner there is an opportunity under can be important in the consideration of the siting of a clause 10(d): speed camera to adjudge whether, on the basis of all the human sciences, it is properly and wisely located. to receive complaints concerning any aspect of the road safety camera system and — At that particular intersection there is also the issue of a (i) if appropriate, to refer a complaint to an appropriate differential time for traffic travelling north where there person or body for further action; or is a 4.5-second allowance on amber owing to its place in the timing sequence. And yet if one is travelling (ii) to provide information on the available avenues for resolution of a complaint … south and turns west into Bay Road, there is only a 3-second timing allowance. Arguably for motorists who These are important provisions that delineate the are regularly in that precinct, at one time in the light important powers of the commissioner. Under sequence they get 4.5 seconds on amber and at the other clause 10(f) there is a power: time they get 3 seconds on amber. These are anomalies that are worth having reviewed by someone who is to investigate any matter in relation to the road safety camera independent and who does not have a stakeholder system that the Minister refers to the Commissioner; interest either in Treasury, within the police or within Clause 10(g) states the commissioner is: the traffic camera office but rather who can take into account a wider body of evidence to reassure people to provide advice to the Minister on any matter in relation to that if they wish to contest a fine, they can do so in the the road safety camera system; light of the best information. There can be some anomalies, and there are matters on Mr EREN (Lara) — I am pleased to speak on the the public record regarding the operation of a camera bill before us today, which is the Road Safety Camera on the corner of Nepean Highway and Bay Road in Commissioner Bill 2011. As a former chair of the Road Cheltenham, otherwise referred to in certain contexts as Safety Committee I feel very grateful to be able to the Karen Street intersection. Some anomalies have contribute to any legislation before the house that been reported in relation to it. Under the highway rules relates to matters of road safety. The bill before the there is meant to be a minimum of 3 seconds with the house will establish the first Victorian road safety traffic lights on amber as a person approaches the camera commissioner, who will be appointed by the intersection. Information was conveyed to me as a Governor in Council. The appointed commissioner will consequence of the mathematical algorithms under have the responsibility of ensuring quality assurance which the camera operates that you may not get that and reporting, conducting investigations and reviews, specificity of 3 seconds every time the myriad changes and complaints management. The bill will give the to the camera system roll through. I think it is important commissioner the power to do all the things necessary that an issue like this is investigated so that those people or convenient to be done or in connection with or as who may incur a fine do so under circumstances where incidental to the performance of his or her function. legal minimum standards have been complied with. It is an important issue that requires expert evidence to Labor is not opposing this bill because we are very review the operation of the cameras in that particular proud of the fact that Victoria is a world leader in terms way. of road safety. But, quite frankly, this is yet again a nothing bill from this very lazy government, that Then there is an issue in terms of the timing of refuses to step up to the plate and to start delivering real 3 seconds. The same 3 seconds might apply to a results like reducing our road toll. I am proud of the fact

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Wednesday, 31 August 2011 ASSEMBLY 2951 that during our time in government we saw our road toll ‘cash cows’ and ‘revenue raisers’ — anything but reach record lows. It got down to 288 lives lost, but safety cameras. They were saying one thing in 288 lives lost is far too many, and we needed to press November, then three months later, on 8 February on with our policy and agenda of reducing the road toll 2011, just after they got elected, the following appeared and road trauma. Unfortunately that is not what we are in an article in the Geelong Advertiser: seeing from this government. Of course this did not happen by accident, and by failing to show leadership Deputy Premier Peter Ryan said the cameras helped save lives by changing the culture of people speeding. the Baillieu government is threatening to destroy what we achieved in government by actually implementing Further the article states: policies that made a difference on the roads. The government started publishing the speed camera What we saw was this Jekyll-and-Hyde type of locations last week, while also announcing an audit of speed approach from the then opposition that is now in and red-light cameras. government. Opposition members said anything to get It quotes Mr Ryan as saying: into government. One of the disgraceful things they did was to use politics in relation to road safety. There was The whole problem here is that people do not have faith … a rule we had in the Road Safety Committee; I was the chair, and we said that we would take a bipartisan in the camera system and so on. approach and not play politics on road safety. So he is actually saying, ‘What people need to do now Unfortunately, leading up to the elections last that we are in government is just shut up about it. Don’t November the desperate opposition members at the complain about the safety cameras’. They are called time said anything to the Victorian community that ‘safety cameras’ now, not ‘cash cows’. would help get them elected. This included lying disgracefully about the impact of safety cameras. Some I would like to quote from another article of 7 February of the reporting that occurred at the time included an 2011. It states: article of Sunday, 7 June 2009, quoting the now Minister for Roads. The article states: … Deputy Premier Peter Ryan said the cameras did help save lives by changing the culture of people speeding. Mr Mulder said in the Brumby government’s quest for more revenue and lower costs from speed camera enforcement, … police and emergency services minister Bob Cameron was ‘We are seeing that direct impact as a result of the cameras’, leaving no stone unturned in replacing Victoria’s finest with Mr Ryan said. the ‘fixed cash register’ revenue raisers installed on major toll roads and freeways such as CityLink and the Western Ring Road. I can point to countless articles that show the government now concurs with the safety experts that That was one comment. There were many comments we actually consulted when we were in government from the Liberal-Nationals coalition in opposition because that is the responsible thing to do. As was which disgracefully used this issue politically leading pointed out by the member for Geelong, who is also a up to the last election. There were also many times that former chair of the Road Safety Committee, we have a the now Minister for Police and Emergency Services, tremendous reputation overseas for leading the way in when in opposition, called the safety cameras ‘cash road safety. I want to congratulate the former Minister cows’, ‘revenue raisers’ and ‘cash cameras’. This sort for Roads and Ports. He did a tremendous job in of language was resonating right throughout Victoria, making it mandatory that every new car now registered and this obviously undermined confidence in the in Victoria must have electronic stability control (ESC) system that we had in place to ensure that there were and side curtain airbags. It has been found that if every minimal numbers of lives lost on our roads. car had ESC, we would save 100 lives every year purely on the basis that the vehicle has ESC — not to So lo and behold, what happened after they got elected? mention the side curtain airbags. The Minister for Police and Emergency Services was recently interviewed on radio — I think it was 3AW — So we do lead the way in terms of road safety. But what and he said, ‘If people don’t want to get a fine, they has happened since the new government came to power should slow down’. Hang on, that is not what they said is that it has stagnated to the point of being dangerous. leading up to the last election. What the then opposition Lives will be lost on the roads unless this government members said leading up to the last election, takes real action, not these flimsy little bills that come disgracefully using this issue as a political tool to get before the house. With all due respect to the them into government, was that speed cameras were commissioner, he is going to basically look at whether

HEALTH PRACTITIONER REGULATION NATIONAL LAW (VICTORIA) AMENDMENT BILL 2011

2952 ASSEMBLY Wednesday, 31 August 2011 the speed cameras work effectively or efficiently. That HEALTH PRACTITIONER REGULATION is not going to save lives. It will just cost the NATIONAL LAW (VICTORIA) government more money in trying to support the AMENDMENT BILL 2011 perception that it created before the last election — that these cash cameras ought to go and that they should not Second reading exist. Debate resumed from 1 June; motion of The hypocrisy of the government is shown by the fact Dr NAPTHINE (Minister for Ports). that the Minister for Roads is one of the most recidivist speeders. It is on record: he is a leadfoot. This is what I Ms GREEN (Yan Yean) — It is with great pleasure find unbelievable. The Minister for Roads has broken that I join the debate on the Health Practitioner the law in relation to speeding. I am not saying we are Regulation National Law (Victoria) Amendment all angels, but I would stress the fact that he was one of Bill 2011. I indicate at the outset that the opposition the biggest opponents of what he called ‘cash cameras’ will not be opposing this bill. and he is one of the people who actually speeds. So he was advocating on his own behalf. He was aggrieved The Health Practitioner Regulation National Law by the fact that he was paying so much money to the (Victoria) Act 2009 came into effect on 1 July 2010, state government because he was speeding. when almost 140 000 Victorian health practitioners transferred to national registration. The national law The hypocrisy in that is unbelievable. I point out that was introduced to protect the public and to provide a this is the second time the Auditor-General has framework for the regulation of health practitioners in investigated these matters. The Auditor-General’s 2006 relation to registration, accreditation, complaints and report on the government’s speed enforcement conduct, health and performance, and privacy and initiatives entitled Making Travel Safer — Victoria’s information sharing. It is part of a number of measures Speed Enforcement Program states: introduced over the last decade whereby we have seen an unprecedented level of cooperation across the We are satisfied that the speed enforcement initiatives are jurisdictions in this country, and I think it is something underpinned by strong evidence and are primarily directed at the community welcomes very much. reducing road trauma, rather than raising revenue. That is not different from what is in the report handed The national law came about following an extensive down today. In the answer to a question asked today of consultation process that saw high-level engagement the Minister for Police and Emergency Services we saw with regulatory bodies, practitioners and the public. what a turnaround it was. He was actually red-faced Over 550 submissions were received from professions, when he was answering that question, because he regulatory bodies and the general public. The national knows what a hypocrite he is. The gall of the man! law also better supports our valued health practitioners. Despite all the stuff he had said to the media, all his Doctors, nurses and health professionals are at the very undermining of the system and all of the things said by heart of our health system and make a profound most of the members of the opposition, he stood up difference to the lives of many Victorians every day. today and said, ‘Oh no, the camera system we had’ — The law allows these practitioners — chiropractors, and the Auditor-General says it himself — ‘is not bad. dentists, doctors, nurses, midwives, optometrists, It is good, so disregard whatever we said leading up to osteopaths, pharmacists, physiotherapists, podiatrists November last year; we have changed our minds’. This and psychologists — to register once and to practise government needs to have a road safety strategy to save anywhere in Australia. lives. I have fond memories of the previous member for The ACTING SPEAKER (Mr Blackwood) — Murray Valley, Ken Jasper, who would often remind us Order! The member’s time has expired. about those border issues on state boundaries. Having lived in Mildura as a teenager, I can see exactly how Debate adjourned on motion of Mr SOUTHWICK this national law will make it much easier not only for (Caulfield). people practising in those border communities but also for people to get down to work when they want to Debate adjourned until next day. move interstate. We know the difficulties that many rural and regional communities have in attracting and maintaining health practitioners, and this is a very real bonus of national regulation.

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National boards are responsible for ensuring that only Other things are missing from the budget. The member health practitioners who are suitably trained and for Bendigo West has been concerned that there was no qualified to practise are registered. The law provides a mention of improvements to the Castlemaine hospital, right of appeal for a practitioner who is subject to either just up the Hume Highway from me. My area is refusal of registration or the attachment of conditions to growing rapidly, as are the corridors in the shire of their registration. The bill amends the Health Mitchell, which extends through Wallan and Kilmore Practitioner Regulation National Law (Victoria) right up to Seymour. I know the Kilmore and Seymour Act 2009 to introduce a time limit on the right for a communities were absolutely devastated that they were person to appeal to the Victorian Civil and not listed to receive capital improvements in this Administrative Tribunal against a decision made in budget. That means that hospitals in those areas have relation to him or her. This will not come into effect great difficulty in attracting and retaining health until 1 July 2012 to allow time for practitioners to be professionals because their facilities need upgrading to informed of the new 28-day limit. support the communities they are in. Hospitals like the Northern Hospital, which has the busiest emergency I said at the outset that our health professionals, our department in the state, then face additional pressure doctors and nurses, are at the very heart of our health from those communities in the Wallan, Kilmore and system. Nurses are the backbone of our health system, Seymour corridors. It is disappointing that these and they deserve to be paid accordingly. What we have improvements were not in this year’s budget. seen so far in the time of this government is a Premier who has no regard for the people who keep Victorians In recent weeks something else has come to my healthy, safe and educated. He has already broken his attention. I thought those on the conservative side of promise to teachers and police, and our health politics would have learnt their lesson after their foray practitioners are next on the list. into trying to mess with the Austin Hospital. The last time they were on the government benches they closed This year’s budget was not a healthy budget; it was not PANCH (Preston and Northcote Community Hospital) a good budget that addressed the health needs of and then put the Austin Hospital up for sale. It was one communities across this state. We saw a range of of the reasons that community stood up strongly. We broken promises. Things that did not appear in this then had a decade of Labor government, with the year’s budget included necessary upgrades to the Royal former member for Ivanhoe and all the other members Victorian Eye and Ear Hospital and a second hospital in the northern suburbs campaigning strongly for the for Geelong in the growing Surf Coast area, where we Austin Hospital to be totally rebuilt. It is the biggest had made a very strong commitment to build a new public hospital project ever built in this country. It is hospital. It is a damning indictment of this government co-located with the Mercy Hospital for Women and that a new, second hospital for Geelong was not in its services the north-eastern community that I have the first budget — and it does not seem to be in the forward privilege of representing. estimates. I know that the member for Ballarat West in particular, supported by the member for Ballarat East Sadly in recent weeks we have discovered that it has and members in the other place, has been very begun again. This government is now contracting out concerned about the delays and obfuscation around the maintenance for the hospital. The hospital has need for a helipad for Ballarat base hospital. 37 skilled maintenance employees, many of whom have worked there for decades. I know one of the I grew up and spent most of my life on the south-west maintenance employees extremely well. He is the same coast. Yesterday we heard about a great servant of this age as me. He started his working life there, and his place in Karen Overington, a former member for father worked there. He has a high level of knowledge Ballarat West, who lost her battle with cancer in the last about the facilities in the older wings of the Austin and month, and we heard how she had fought very hard for now those in the new ones. The 37 employees are being cancer services in the country area of Ballarat that she treated extremely shabbily. When it comes to health represented. There is a need for radiotherapy services and health services the Liberal and National parties on the south-west coast just like those Karen have not changed their spots. If it was not good enough Overington campaigned for in her community. The that we saw so many capital projects missing from this south-west coast has a rapidly growing community, and budget, we are now seeing the government starting to the services are necessary so that people do not have to attack the workforce that supports the health travel to Ballarat or Geelong to get treatment for their professionals at the Austin Hospital. I will certainly be cancers. supporting those employees in fighting this measure.

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Another appalling decision has been made in the we are getting towards 25 per cent of the government’s north-east, and it is in relation to the Austin. As anyone first term, and I see no evidence of one new hospital who has any connection with their local hospitals bed being available in our system. We have seen knows, auxiliaries are an important and pivotal part of various plans by the Minister for Health — plan after the operation of a hospital. They epitomise support plan — but no action. The coalition has still not told from the community, and they support our health Victorians how many additional doctors and nurses will professionals who work in those facilities. The Austin be employed or how many additional episodes of has a number of these auxiliaries, one of them being in elective surgery will be performed in the public health Diamond Creek, in my electorate. It has run an system. In its first nine months this government has not opportunity shop in the same spot in Diamond Creek added a single doctor, nurse or hospital bed. for some 20 years. What we have seen in the last couple of weeks is an absolute thumbing of the nose by this Those in the house would recall that on a number of new regime that sits on the government benches. It has occasions I have asked the Premier questions about treated all the volunteers with complete contempt. The elective surgery and that he has been unable to answer work of the Diamond Creek auxiliary has been bringing those questions. There are a lot of questions about this in about $200 000 a year to the Austin Hospital. government’s commitment to health and our health system. We are seeing disturbing signs with contracting On a Friday, officials arrived to meet with the out in the health system and the contempt shown to the volunteers. They told them, ‘By the end of the month Austin Hospital auxiliaries, just like we saw with the you will be out of this facility. We’ve got another contempt of the PANCH auxiliaries in the 1990s. I purpose for it’. They cited health and safety concerns, really hope the government will take the opportunity to but I am not sure about the validity of that, and they stop and think before it goes down the path of gutting made no attempt to work through those issues. They our health system, which would require years to were really not consulting with those volunteers; the recover. Our health services are just too important, and decision had already been made. Accordingly, on the they are much loved and supported and needed by our Monday a big painted sign went up saying that the community. opportunity shop would be closing on 1 October and that all the goods would be sold off. I commend the Leader of the Opposition for the work he undertook in his time as health minister. In his time The shop has not just provided household goods and as the Minister for Health and as the Parliamentary clothing for those in the community who have needed Secretary for Health we saw a huge number of capital them at a cheaper rate because of their economic projects initiated and delivered. It is indeed a great circumstances; those fantastic volunteers, primarily shame that we saw very little funding for health in this women of Diamond Creek and district, Hurstbridge and budget, and we do not see much on the horizon. The Arthurs Creek who have been working tirelessly for opposition will be very vigilant in support of our health some decades in the shop, were so important with their practitioners and hospitals and will be holding the support for our bushfire-affected communities after that government to account. With those remarks I commend terrible time of Black Saturday. There are still people the Health Practitioner Regulation National Law who use the shop as a drop-in centre. It has become a (Victoria) Amendment Bill 2011 to the house. place where those who have not had the best luck in life, those who might have a disability or a mental Mr WAKELING (Ferntree Gully) — It gives me illness or those who have been victims of trauma and great pleasure to rise to contribute to the debate on the may have suffered violence have been able to drop in Health Practitioner Regulation National Law (Victoria) and help out in the shop or just have a friendly chat Amendment Bill 2011. I am pleased to hear that the with the wonderful volunteers in the facility. I do not opposition will not be opposing this important piece of understand the sense in the decision that has been legislation. By way of background, on 1 July 2010 the made. It is bad for the hospital to be losing $200 000 a Health Practitioner Regulation National Law came into year. The government is treating with contempt the effect. That helped to streamline the operation of health longstanding work of those dedicated volunteers who practitioner boards around the nation. Prior to the support our health professionals and our hospitals. It is enactment of that national law there were more than also taking away a fantastic community service that has 85 health practitioner registration boards in operation in been available just down from the shopping centre in each of the states and territories, and it was sought at a Diamond Creek. national level to streamline that approach by creating 10 national agencies. Those national bodies were We are seeing some disturbing signs with the coalition chiropractic, dental, medical, nursing and midwifery, on the government benches. We are nine months in, so optometry, osteopathy, pharmacy, physiotherapy,

HEALTH PRACTITIONER REGULATION NATIONAL LAW (VICTORIA) AMENDMENT BILL 2011

Wednesday, 31 August 2011 ASSEMBLY 2955 podiatry and psychology. As a consequence of that law decision by a national board if it refuses to register an the state enacted those particular streams. Almost individual, if it refuses to endorse the person’s 140 000 Victorian health practitioners from those registration, if it refuses to renew a person’s registration 10 professions transferred to national registration under or if it refuses to renew the endorsement of the person’s the national scheme, allowing these practitioners to registration. They can also appeal a decision by a register once and practise anywhere in Australia. This national board to impose or change a condition on a was good for employees in the state in terms of person’s registration or the endorsement of a person’s portability. registration. They can also appeal a decision to refuse to change or remove a condition imposed on the person, However, when the scheme was developed it was appeal a decision to refuse to change or revoke an identified that there needed to be a mechanism by undertaking given by the person to the board and appeal which individuals could appeal decisions of those a decision to suspend the person’s registration or to health practitioner boards. When an individual seeks to impose a condition on the person’s registration. register with a board they need to meet two main tests. Firstly, they have to be suitably trained and qualified to They can also appeal a decision by a health panel to practise in their field, and secondly, they need to be suspend the person’s registration, and they can appeal competent and ethical in the way in which they operate. the decision by a performance and professional If in a particular circumstance an individual does not standards panel to reprimand the person. As members pass any of those tests, the applicable board has the of the house can see, there is a breadth of areas in which capacity to register, not register or put a qualification on boards can take action against individuals. Given that the registration of that individual. breadth, there are obviously a number of areas in which an individual may find the decision of the board to be When the program was developed it was identified that inappropriate. Therefore, in line with natural justice, there needed to be a time limit associated with it, and an individuals have the right to appeal. appropriate time limit was identified as 28 days. When the system was introduced the 28-day provision was not However, there needs to be an agreed time frame. For applied. In effect what would happen was that if a example, if an employee believes they have been medical practitioner was deregistered and wanted to underpaid wages, they have a seven-year statute of appeal the decision of the medical board, they had the limitations. An individual cannot go back to someone capacity to appeal to the Victorian Civil and who employed them when they were a child and say Administrative Tribunal. However, because no time ‘Forty-five years ago I believe I was underpaid for my limit had been put in place, a person could effectively paper round. I might go back and try to hunt down the lodge an appeal against such a decision at any time in newsagent, if he is still alive, to try to — — the future. So you might have a situation where a medical practitioner in the state of Victoria is Mr Wells interjected. deregistered and at that point decides to travel interstate or overseas for an unspecified period of time then later Mr WAKELING — No, I know the member for returns to the state, decides they want to practise in their Scoresby was a very diligent paperboy in Bairnsdale in field and at that point of time initiates an appeal. As a former life. members can appreciate, that is an unworkable system, Using that example, it is very clear that we want to have and there needs to be some certainty associated with the a clear system in place. I note that the member for appeal process. Scoresby, like all members on this side of the house, is While making sure we afford due process and natural very concerned about this situation and the fact that we justice to individuals, there needs to be some clarity do not have this important provision in place. This is around which individuals can make an appeal. another example of the Baillieu government having to Therefore, as a government we are having to fix a fix a mess that was left by those members opposite. problem that was not fixed by the former government. Whilst this is not a major issue in terms of the We are ensuring that that 28-day provision is complexities of this legislation, it just demonstrates that implemented. The provision will come into effect on there is another issue — — 1 July 2012 and will provide individuals who are in this Mr Noonan — Stop pointing! situation with appropriate time to become informed of the introduction of this new system. Mr WAKELING — I understand the member for Williamstown shares my concern and frustration. I am There is the capacity for an individual to appeal a pleased to take up his interjection, because he knows in decision on a number of grounds. They can appeal a his heart that this is an important piece of legislation.

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The regulation needs to be changed. I welcome the fact context. There is one unintended consequence which I that the opposition will be supporting, or at least not fear. By having a national seamless scheme of opposing, the bill before the house. Opposition registration Victorian health professionals are able to members understand this is a problem that needs to be work in any state in Australia, which in effect creates a remedied. This was a problem left to us, the incoming competitive market for the services of health government, to fix. Like so many other pieces of professionals, including those in the public sector. legislation before this house, we will get on with the job, and we will recognise the importance of fixing up I note the Treasurer is in the chamber. The government important pieces of legislation. I look forward to this has failed to deliver on promises in relation to the Royal bill becoming law. Victorian Eye and Ear Hospital, a second, new hospital in Geelong, a helipad in Ballarat, radiotherapy services Mr SCOTT (Preston) — I am perplexed as to how on the south-west coast and improvements to the paperboys are related to this particular bill. I have been hospitals in Castlemaine, Kilmore and Seymour. These searching its provisions, and perhaps the minister at the are projects that are outstanding. My fear is that health table, the Treasurer, may assist me with that particular professionals will respond to the failures of this aspect of the bill, which I was unable to find after government and seek to work for services elsewhere. taking a quick glance. They might seek to provide their services to other governments; that is a danger. This bill will amend the Health Practitioner Regulation National Law (Victoria) Act 2009 to provide a time Their enterprise bargaining agreements (EBA) period within which an appeal to VCAT (Victorian negotiations are coming up. The government has failed Civil and Administrative Tribunal) must be made and already to keep its promises to public sector workers; for other purposes. As members have previously stated, you only have to think about teachers. We all remember this bill sits within a national health regulatory how Victorian teachers were promised that they would framework whereby the registration of health become the highest paid teachers in Australia. My fear practitioners has been streamlined to create a national is that similar acts will be performed on health sector registration system for 10 categories of health workers. Let us be frank: the government has form. In practitioners, which, as I understand it, affects almost response to this sort of behaviour, we are now in a 140 000 Victorian health practitioners who have system where it is much easier to work in other states. It transferred to the new national registration system. is much easier for health practitioners to take their These practitioners include chiropractors, dentists, shingle — to speak metaphorically — and move doctors, nurses and midwives, optometrists, osteopaths, elsewhere. In response to the sort of treatment that has pharmacists, physiotherapists, podiatrists and been meted out to other members of the public sector, if psychologists. that is visited upon them, which I have to say I fear is likely, they could seek to move their services In essence this national scheme allows them to register elsewhere. This would deeply affect the provision of once and then to practise anywhere. This has obvious health services within this state. benefits for the community, because there is a streamlining of red tape and regulation, which means While this is a non-controversial bill, the combination that qualified persons from around Australia can of the failure to deliver on promised health practise anywhere in Australia. Victoria can benefit infrastructure and a failure to treat workers in the public from the skills and capacities of persons from other sector with the respect that is due — that has been states, and Victorian professionals can work in other demonstrated in terms of teachers and police — may jurisdictions without having the unnecessary burden of mean that, as an unintended consequence of these seeking re-registration. worthy reforms which benefit the broader Australian community, we may find that health practitioners The bill, as has been stated, makes a simple amendment respond by voting with their feet. I am loath to use that to enforce a new 28-day limit on any appeal that a phrase because it was used by Lenin, but health person has a right to access, such as an appeal to VCAT practitioners will find a way — — against a decision made in relation to him or her. A person covered by this act has now 28 days to appeal a Mr Burgess interjected. decision relating to their registration or the imposition of a condition on their registration. This is an Mr SCOTT — Not John Lennon! I should not amendment to the principal act that the opposition is respond to interjections. I am concerned. I think this not opposing. It is a fairly non-controversial bill. government already has form on such matters. I feel the However, I think this bill needs to be seen in a broader likely outcomes of the EBA negotiations in the health

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Wednesday, 31 August 2011 ASSEMBLY 2957 sector, if they reflect the treatment already meted out to Regulation National Law (Victoria) Act 2009 was the the teachers and police, will leave many grievances. It Victorian mechanism to implement that new regime. is a very likely outcome. If members look at the second-reading speech for the My contribution has been brief, but this is a sensible 2009 bill, they will see that the then Minister for Health piece of legislation. However, I have grave fears that, in said: the context of the failures of this government in the health space already and the way it has treated public The national law contains measures designed to protect both the public and practitioners and to facilitate greater workforce sector workers, if the treatment meted out to teachers flexibility and mobility. It is a contemporary regulatory and police already is reflected in health sector EBA framework to support standards of excellence in the delivery negotiations, we may find there are issues in terms of of services in the Victorian health-care system. health sector workers seeking to find jurisdictions where their services are treated with more respect. The explanatory notes for the national law state: (2) The objectives of the national registration and As I said, the opposition is not opposing this bill. I accreditation scheme are — presume it will receive a speedy passage. I hope this government will seek to mend its already woeful (a) to provide for the protection of the public by performance in health, treat public sector workers with ensuring that only health practitioners who are suitably trained and qualified to practise in a the respect they deserve and therefore allay the fears I competent and ethical manner are registered; and have expressed. I can see the Treasurer is in the chamber, and sadly I have no confidence because the (b) to facilitate workforce mobility across Australia by evidence in this area suggests that we are heading down reducing the administrative burden for health practitioners wishing to move between the track that we have seen before with the coalition participating jurisdictions or to practise in more government. As I said, the opposition will not be than one participating jurisdiction; opposing this bill, but I would like to place on the record the concerns that I have. The notes then go on to outline a range of other issues that the legislation addresses. As far as the scope of it is Mr BURGESS (Hastings) — It is a great pleasure concerned, the system creates a single national to rise to speak on this bill. The aim of the bill is to registration and accreditation system for chiropractors, rectify the situation in Victoria whereby the ability to dentists, medical practitioners, nurses and midwives, appeal a decision under the act has no time limitation optometrists, osteopaths, pharmacists, physiotherapists, on it. It is always interesting to follow the member for podiatrists and psychologists and, at a later date, Preston and to listen to the contributions of other Chinese medicine practitioners, medical radiation opposition members. Opposition members have chosen practitioners, Aboriginal and Torres Strait health to use a bill which has been introduced to rectify a practitioners and occupational therapists. problem created wholly and solely by the previous government to formulate some conspiracy theory about As I said, the bill seeks to remedy a situation that was the government trying to bring down the Victorian created by the 2009 act introduced by the previous health system. It is entertaining. Labor government. The bill inserts provisions into the Health Practitioner Regulation and National Law As I said, the intention of this bill is to rectify a (Victoria) Act 2009 requiring that a person wishing to situation that has been created by the previous Labor appeal a decision made by the national board pursuant government. In the past there were many different to section 199 of the national law must commence the regimes across all Australian jurisdictions to regulate appeal within 28 days of the decision. This bill will put the health industry. In 2004 the Council of Australian in place a time limit within which a person who is Governments agreed to commission a paper on health aggrieved by a decision of the national board is able to workforce issues. The Productivity Commission appeal that decision. It is certainly a sensible response produced that paper, and one of its recommendations to the problem that has been created. I do not think was the creation of a single national registration board anybody would try to argue that the time allowed for and a single accreditation board for health appeal should be limitless. This is not going to have any professionals’ education and training. In 2008 the effect on a person’s rights or natural justice. intergovernmental agreement for a national registration and accreditation scheme for the health professions was Importantly the time limit imposed by this bill is signed by COAG. The agreement was to form a single consistent with the time limit that was provided by the national scheme and a single national accreditation predecessor legislation in Victoria. It is certainly a tried board for health professionals. The Health Practitioner and true time limit that has been applied. The time limit

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2958 ASSEMBLY Wednesday, 31 August 2011 should not unreasonably restrict a person from having a The implications of having unsafe practitioners can be fair hearing of their appeal, as it will not affect the tragic, as we saw in the case of Dr Death in Bundaberg. grounds on which the appeal can be made or the way in Therefore the registration of health practitioners is one which that appeal can be conducted. The Victorian of the most critical legislative and regulatory Civil and Administrative Tribunal (VCAT) can also responsibilities undertaken by the state. The registration hear an appeal to extend the period of time in which a of health professionals is much more comprehensive person can appeal. That puts in place a protective than just handing out licences to practise. Certainly for mechanism so that if a person has an issue which they registration it is mandatory for professionals to have cannot appeal within that period of time, their rights undertaken the prescribed education and training. will be protected by the option of an appeal to the However, it also imposes obligations relating to safe Victorian Civil and Administrative Tribunal. VCAT practice, especially an obligation to have attained and to will have the ability to extend the period past the continue to satisfy required levels of competence. For 28 days. I certainly commend the bill to the house and instance, practitioners cannot renew their registration hope it has a speedy passage, because its aim is to without recency of clinical practice. address a problem that was created by the previous government. I commend the bill to the house. There is growing recognition of the importance of continuing education. Registration in the case of some Mr LIM (Clayton) — I rise to speak on the Health practitioners, such as nurses, provides those who have Practitioner Regulation National Law (Victoria) undertaken specialist education and training with Amendment Bill 2011. This bill will amend the Health identification through specialist endorsement. Practitioner Regulation National Law (Victoria) Act 2009 by imposing a time limit on appeals. While this is Registration requires health professionals to act not a large bill, it should nevertheless be regarded as ethically, professionally and competently and ensures more than merely a technical bill as it limits the rights that there are processes for reviewing this, including the of health practitioners. I will say more about that later. handling of complaints initiated by aggrieved This bill follows a raft of bills dealing with health consumers and sanctions that include loss of the right to practitioners introduced in the previous two practise. parliaments. The reform of legislation relating to the registration of health practitioners was undertaken by There are a number of areas in which health the Labor government. This reform included the move practitioners may encounter legal disputes. These to a system of uniform national registration of health include admission to practise, issues relating to practitioners. The Health Professions Registration Act competency, unfitness to practise because of substance 2005 brought 12 health professions under uniform abuse or criminal offences, and complaints from legislation. Amending bills in 2007 and 2008 took into consumers. There are now well-developed and account the Council of Australian Governments transparent disciplinary and legal processes. Nationally (COAG) discussion on a national scheme and, pending a practitioner’s right of appeal is limited to 28 days. that scheme, ensured that Victoria had modern and This is not the case in Victoria. This bill brings Victoria up-to-date legislation, including strong and effective into line by imposing, from 1 July next year, a 28-day disciplinary provisions. time limit in lodging an appeal with the Victorian Civil and Administrative Tribunal. This is one of the In 2009 the previous government introduced the Health concessions that has to be made in order to achieve a Practitioner Regulation National Law (Victoria) Bill. nationally uniform scheme of health registration. That bill implemented the 2008 COAG agreement to However, it needs to be noted that it will result in a bring the registration of health practitioners under a reduction of the rights of practitioners. national scheme by 1 July 2010. As I have remarked in previous debates, the protection of consumers of health The Scrutiny of Acts and Regulations Committee services is the fundamental responsibility of reported on this bill in Alert Digest No. 6. I thought the government, and it can only be done by legislation and committee was a bit wimpy, given its responsibility for the licensing of health practitioners. The registration of rights. Its comment on the bill was restricted to quoting health practitioners provides an assurance to the from the minister’s second-reading speech in respect of consumers of health services that professionals such as the delayed commencement of the provision. The doctors, nurses and indeed practitioners of traditional committee, I believe, should have gone a step further in Chinese medicine are safe, skilled, ethical and its comments section and identified that the imposition competent practitioners. of a 28-day time limit on appeals was a reduction in rights but a necessary trade-off in moving to nationally uniform registration of health practitioners.

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Despite this concern, this side of the chamber will not tape that is perhaps unnecessary when we are looking be opposing the bill because of the overriding benefit to for productivity gains; we continue to talk about the Australia and to health practitioners themselves in importance of productivity gains. allowing practitioners to more readily practise throughout the country. For me it is no surprise that the coalition government is having to fix up yet another one of the mistakes made Ms McLEISH (Seymour) — I rise to speak on the by the previous government. We have seen it already; Health Practitioner Regulation National Law (Victoria) we have argued about some consumer amendments and Amendment Bill 2011, which is actually aimed at things like that. We are getting quite used to having to introducing a time limit on the right for a person to make these changes because of omissions and errors. appeal against a decision made in relation to him or her under the Health Practitioner Regulation National Law The 28-day time period that we are introducing will not (Victoria) Act 2009. Quite succinctly, the purpose of be introduced until 1 July 2012, which is just short of this bill is to provide the time period within which an 12 months from now but is a very generous time limit. appeal under section 199 of the Health Practitioner That is particularly useful for anybody who has got Regulation National Law (Victoria) Act 2009 must be something they want to appeal against; it gives them brought and to make a few other minor amendments. absolutely more than enough time.

I am pleased to be able to speak on this because I have I want to take this opportunity to also talk about the worked as a registered health practitioner for quite process of psychology registration, which is something some time, and I have been in charge of an area at I have been involved with for quite some time. I was a WorkCover where we dealt with the registration of registered psychologist at the time this national change people approved to do medical and allied health work was made. The Psychologists Registration Board of on behalf of WorkCover. Initially when health Victoria was rolled into this national registration board. practitioner regulation national law came into effect on It was set up under the federal Labor government, and 1 July 2010 there were 85 health practitioner what a shambles the implementation of that has been. I registration boards in eight states and territories. That can tell you firsthand how difficult it has been for was very difficult to work with, especially when people practitioners who have had to work with this scheme. In moved between states and required registration in a fact I am still waiting for correspondence with regard to different state. Working at an agency that was looking my own registration, which I sent in in January this after these sorts of professionals, you could see that it year. I have had no acknowledgement of it at all. I took a lot of time on everybody’s part — on ours as an know other people in the same boat, which indicates organisation but also on the part of the individual, who that the national board is having trouble bedding down sometimes had to apply to seven or eight different its systems and processes. boards to be able to practise when they were working on a national scheme — and it was quite onerous on I can only reflect on the fact that we have here the many people, so I was very pleased to see that 28-day omission from the state opposition from legislation come into being. something that it did when it was in government. Meanwhile the bedding down of this national scheme Of course it was disappointing that the appeals process federally is not as simple as you would expect, but I was omitted from the principal act. We know it is guess we know that federally with a lot of the schemes important for people to be given the natural justice of and processes that government has put into place it has right of appeal. In Victoria we do this through the not been able to bed them down very easily. For me and Victorian Civil and Administrative Tribunal, and it is others who have had to go through this process, it has important that we have this 28-day time limit so that we been quite difficult. The online registration process was are in line with the other states and so that it does not a debacle and did not seem to work at all. That caused a remain an open-ended process. huge backlog.

I can imagine the scenario if it did remain an When I look at the 10 or so areas that are now open-ended process. If somebody wanted to appeal a incorporated into this — that is, chiropractic, dental, decision some seven years down the track, the staff that medical, nursing, midwifery, optometry, osteopathy, were dealing with that would be likely to be unfamiliar pharmacy, physiotherapy, podiatry and psychology — I with what had happened prior and there would be a lot am reminded of when I worked at WorkCover and was of time wasted relearning what happened at the time, in charge of an area that serviced medical and allied digging out history and having a look. That is a burden health practitioners. The provider registration was that people do not want to have to deal with. It is red something that we did on a daily basis with regard to

HEALTH PRACTITIONER REGULATION NATIONAL LAW (VICTORIA) AMENDMENT BILL 2011

2960 ASSEMBLY Wednesday, 31 August 2011 people wanting to hang out their shingle, so to speak. I member for Melbourne was the health minister. I think that was the term the member for Preston used. remember those days well, when I was working for her. However, if they had been working interstate and came A number of issues were dealt with at that forum in to Victoria to work, they would have to go through the relation to workforce issues, including national same process again. It was possibly 13 years ago that registration. we were complaining that there really needed to be one body, and since it has taken such a long time I am The issues covered off at that time included the pleased to see this legislation being introduced. It is an establishment of a task force to undertake project-based important piece of legislation because it enhances the work so that we could advise on workforce innovation mobility of people moving between states where they and reform. These were key matters under the Labor are working. It makes it easier and reduces the red tape government that needed investment to try to build, to for them. continue to improve and to increase the numbers of those who wanted to work in the health area, The registration boards not only registered people but particularly in order to fill gaps where there were also had involvement in the disqualification of people workforce shortages. This also required a national and imposing a period on them when they could not process of assessment of overseas-trained doctors so we practise as health professionals. It might have been for a could seek to encourage more overseas-trained doctors period of two months as a result of disciplinary and make it easier for them to work, particularly in our procedures. It was always disappointing when we were regional centres and remote communities. working in Victoria to find that somebody had been approved to work in Victoria but had lost their right to There was also a desire to pursue processes for better practise as a physiotherapist, chiropractor or whatever engagement with the education and training sectors on in another state. Having that national scheme would health workforce and supply. That required investment provide some consistency among the states. Therefore I around a range of issues, including rural training centres was pleased that the overall legislation was introduced, aligned with a range of tertiary institutions in regional but the fact that the time period was omitted was Victoria. That was in order to provide a place for certainly a disappointment. As I said before, it is an people to pursue their workforce training as health example of where the coalition government now needs practitioners but also to hopefully encourage people to to rectify and tidy up some of the omissions and sloppy stay in those country, rural and regional towns where work that was done by the opposition when in they were able to get their tertiary training and get their government. on-the-job training in a range of hospitals and health services. This is not a complicated piece of legislation at all. As I have said, it is really just about providing that time There was also discussion about the need for a period during which people may need to appeal. It is substantial increase in commonwealth-funded medical not coming in until 1 July next year, which provides training places and tertiary training places and for a plenty of people with the opportunity to get their heads commitment by states and territories to provide clinical around it. If they want to appeal a particular decision, training opportunities. We saw a range of those centres then they have time to do so. With that, I commend this in Gippsland, Ballarat, Bendigo and Geelong that were bill to the house. opened by the previous Labor government in consultation with the federal government to try to The SPEAKER — Order! I call on the member for secure better training facilities in regional centres to Ivanhoe, one of the Kokoda commandos! improve the workforce.

Mr CARBINES (Ivanhoe) — Thank you, Speaker. National registration was amongst the issues involved I am glad that I am still able to get up off my knees; in trying to improve the health practitioner workforce, they are still pretty bruised and sore. I am pleased to which brings us to some of the matters that have been speak on the Health Practitioner Regulation National touched on in this bill. The registration issue goes back Law (Victoria) Amendment Bill 2011. Despite what over many years of work that was largely about some previous speakers have said, there is quite a improving and increasing the workforce in health history to this bill and the work in this area. Clearly the practitioner areas in regional and remote communities. Labor Party is not choosing to oppose this bill. The question was: how could we do that when we also wanted to bring in a number of overseas-trained I refer back to some earlier matters in relation to these medical practitioners and provide assistance for them to issues. There was an Australian Health Ministers ensure that their registration needs could be met not Advisory Council meeting in May 2007, when the only in Victoria but in many places where there were

HEALTH PRACTITIONER REGULATION NATIONAL LAW (VICTORIA) AMENDMENT BILL 2011

Wednesday, 31 August 2011 ASSEMBLY 2961 cross-border anomalies, such as Mildura, Some of the other questions the community raised Albury-Wodonga, certainly around Echuca and include whether there is a fair representation of potentially also in Swan Hill? community members on the boards under the national scheme. Clearly it is important that we have skilled We would bring in overseas-trained or perhaps practitioners — peers — who are able to assess the interstate-trained medical practitioners who needed an competency, qualifications and work of others in their opportunity to maybe move between centres and fields. But it is also important, as we have found across different regional areas. In that case it was important to many boards and statutory authorities, that we have make sure that any national laws around their members of the community — laypeople — who also registration reflected the concerns and issues they were have an opportunity to make a contribution. finding and to ensure that they were encouraged to work in these challenging areas. Part of that was The model of community representation on boards that providing not only the facilities to maintain their exist in Victoria under the current Health Practitioner training and skills but also a way to ensure that they Regulation National Law (Victoria) Act 2009 has been were able to meet their professional obligations around mirrored in the national law. On a national board no registration. more than two-thirds of the members can be practitioner members and at least two members must be In relation to who is affected by the bill, it certainly appointed as community members, and that is about allows practitioners such as chiropractors, dentists, picking up on the concerns of the community and doctors, nurses and midwives, optometrists, osteopaths, giving people confidence that they will have a say and pharmacists, physiotherapists, podiatrists and they will have experts who can advocate for them psychologists to register once and practise anywhere. where any concerns may arise. While these changes might not necessarily affect those who work in metropolitan centres, certainly for those Another question raised by the community was whether who work in cross-border towns and cities these sorts VCAT (Victorian Civil and Administrative Tribunal) of changes, as they are rolled out, will have a and the Office of the Health Services Commissioner significant effect on their capacity to provide their skills will continue to have a role in the complaints and services in regional centres on our northern management process. That is another area that feeds Victorian border. I note that the national boards are into what I have talked about — that is, the responsible for ensuring that only health practitioners community’s confidence in the way people can deal who are suitably trained and qualified are able to with their concerns and issues in the complex areas of practise and be registered. the health portfolio. In terms of the model of complaints management, under the national law it is similar to the I will pick up also on some matters that relate current structure under the Health Practitioner importantly to the community. Members of the Regulation National Law (Victoria) Act 2009 in that community want to be able to ensure that they are still the national boards have the same mechanism in place able to make complaints against practitioners where to deal with notifications made against health concerns are raised by them around their treatment or practitioners through either a health performance or engagement with health practitioners. National professional standards panel, and that is also very registration will ensure that there are dedicated important. telephone lines for members of the public wishing to make complaints, and there will also be offices in each Of course serious matters in relation to a practitioner’s state and territory through which complaints can be conduct will be referred to VCAT. The health services addressed. Those complaints will be passed to the commissioner will continue to have a strong role and a relevant national board to be dealt with through the relationship with the national boards, although it will be appropriate state or territory office. interesting to get some further feedback in the annual reports of the health services commissioner when these Assistance will be provided to members of the public reforms are rolled out. We are, however, still looking at who need it to make a complaint, and I would hope 1 July 2012 before that occurs, which allows time for there is appropriate advice provided to the community practitioners to be informed of the new 28-day limit. so that those pathways where concerns or complaints need to be addressed are clear to those who use the The other aspect that is important is the role the services of health practitioners. It is important that the Victorian health minister has in the national scheme. community have confidence in those services under The particular point in relation to that matter is that these new arrangements. under the national scheme the ministerial council comprises the commonwealth health minister and the

TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011

2962 ASSEMBLY Wednesday, 31 August 2011 state and territory health ministers. The ministerial On the eve of the 12-month anniversary of this council is responsible for providing policy direction, government we have another bill coming from the approving registration standards and giving approvals minister, and it is hardly a great reform package that is in relation to specialist registration — it is approving being presented by him. In fact it falls well short of that areas of practice for purposes of endorsement — and which was promised prior to the last election. Its very the health minister also has a role in the publishing of arrival here throws another glaring spotlight on the directions and appointment of approvals to national, minister’s inability to come into this house and present state and territory boards. the standard-bearer policy that he took to the last election, which was to put before the house public In relation to health practitioners, who clearly have a transport development authority legislation. All concern about a number of the aspects of how these members in this place would be very keen to learn from reforms will apply under these national arrangements, the minister what he is intending to do with respect to one of the key areas they have sometimes talked about the authority. We are on the eve of the 12-month is the divisions of nursing that will be covered under anniversary, so I think it is quite timely that he get his national law. The Nursing and Midwifery Board of act together and put something before the house. Australia will have two registers, and they relate to a register for nurses, including divisions of registered The minister promised in his policy statement before nurses — that is, Div 1s, as they are known — and also the election that he would rebuild the basics; I think that enrolled nurses, or Div 2s. There will also be a register was the heading of the policy document that went to the for midwives. election. Yet here we are, nearly 12 months in, with a new minister at the helm who promised so much. He We all know with the way federation works that the raised expectations so incredibly high, yet we now have more we can work together and cut through the red only the second bill brought before the house, and we tape, the better, but we need to make sure that the have all noticed the fact that — — community has confidence that it still has the capacity to advocate in relation to its concerns on these matters. I Mr Herbert interjected. commend the bill to the house. Ms RICHARDSON — That is true; the member for Debate adjourned on motion of Ms MILLER Eltham is absolutely correct — he was going to do so (Bentleigh). much, but here we are debating only the second bill from this missing-in-action minister. Even the bill itself Debate adjourned until later this day. makes it abundantly clear that the changes that are being introduced are in reality a mere spit and polish of acts that were passed by the Labor government. Acts TRANSPORT LEGISLATION such as the Transport Integration Act 2010, the Rail AMENDMENT (PUBLIC TRANSPORT Safety Act 2006 and the Bus Safety Act 2009 were SAFETY) BILL 2011 major reforms in public transport that were initiated by Labor. Second reading It is clear that the series of reforms in the bill in essence Debate resumed from 29 June; motion of implement the Ombudsman’s recommendations in his Mr MULDER (Minister for Public Transport). report of last year. The bill also introduces a new Ms RICHARDSON (Northcote) — I am very dispute resolution process, although it was made clear pleased to speak on the Transport Legislation in the briefing that no dispute of the kind envisaged has Amendment (Public Transport Safety) Bill 2011. I ever taken place in Victoria. It is also clear from the bill welcome any opportunity to speak on a bill brought that it simply replicates national reforms in Victorian before the house by the Minister for Public Transport, legislation. On and on the bill goes. If you sought to because so far we have seen only two such bills come defend the minister in any way, shape or form — to say before the house. The first was the Transport he has his shoulder to the wheel and is prepared to Legislation Amendment (Taxi Services Reform and deliver the basics, as he said — you would find that the Other Matters) Bill 2011, and that bill handed over bill presents a poor case for doing so. responsibility for the future of the taxi industry to Given that we are just 12 weeks short of the first Professor Allan Fels and put the minister in the back anniversary of this government’s election, the timing of seat when it comes to the taxi industry. the bill speaks volumes about where the minister is at. The minister stands condemned for his lack of action. It

TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011

Wednesday, 31 August 2011 ASSEMBLY 2963 is not as if the government has not issued press releases. I take this opportunity to thank the Department of As the member for Eltham pointed out earlier, the Transport’s representatives who briefed me on the bill. government — which was going to be free from I am sure they were just as pleased as I was that the spin — is keen on the media announcement. The minister’s reluctance to provide briefings has lessened government put out a media announcement about the since the start of the year, although some interference is new head of the authority, Ian Dobbs. It went well for still going on. I was pleased to have the briefing. The the minister when he announced the head of the new representatives were very helpful in detailing the bill authority, for which, as I said, we have not seen any that is before the house. At the briefing it was made legislation. I quote from an Age article headed, clear that there has never been a conflict of this kind in ‘Comeback for Kennett-era transport chief’: Victoria, so there has not been a need for this kind of procedure in the past. However, the bill provides that in The Kennett government’s head of public transport has been the event of such a dispute, the regulators and the brought back to run Premier Ted Baillieu’s long-promised public transport development authority … Secretary of the Department of Transport must be notified of the incompatibility. The secretary may then We have not seen any legislation to do that, as I said, chair a meeting of all the parties involved. If the parties but here is the media announcement. The article are still not happy with the outcome, then, and only continues: then, will the minister get involved and determine what should happen. It would be a unique experience for the Transport Minister Terry Mulder yesterday confirmed Minister for Public Transport to be required to make a Mr Dobbs would be a key part of the new public transport authority … call. We have the media announcement about the new head There is another barrier to any such dispute or conflict of the authority, but we do not have any legislation arising in Victoria that has come about as a before the house, for which the minister stands consequence of the minister’s actions. The building of condemned. He stands condemned for all sorts of these kinds of super-stops or any kind of infrastructure reasons, not the least of which is that commuters would designed to improve access for those with disabilities want to see some detail brought before the house and took a real kick in the guts from the minister when in some legislation put in place. We have not seen that; we the last budget he cut funding for compliance with the have seen the minister in charge needlessly hiding federal Disability Discrimination Act 1992 by over under his desk and not being prepared to bring anything 75 per cent. It was $60 million that was cut from the before the house. budget in May.

If you went through the provisions in the bill one by To give members an idea, $80 million was spent under one, you would conclude that there is not much to the Labor over the past four years; this minister has bill. However, I say from the outset that Labor will not allocated only $20 million for the next four years. be opposing the bill. Given there is not much to it, it Conflicts like the example that was given to me by would be churlish to do anything other than support it. Department of Transport representatives where Yarra However, I will highlight the changes made by the bill, Trams wants to build a super-stop are unlikely to because they further illustrate our point that the happen on this minister’s watch because of his slash Minister for Public Transport is not up to much and has and burn of the DDA (Disability Discrimination Act) not lived up to the range of commitments to fix the compliance funding. As I said, it will be a 75 per cut to problems he made much of prior to the last election. that funding. I think the government should perhaps reconsider what it has done in this important area. Let us have a look at the dispute resolution process, which I spoke about earlier, as detailed in clause 3 of The bill also makes it clear that when it comes to the bill. Clause 3 inserts new part 7A into the Transport railway crossings, for example, the safety director’s Integration Act 2010 to provide a mechanism to deal decision is absolutely paramount; he gets the call on with situations where the director, transport safety, and what should happen no matter what the road authority a road authority have made inconsistent decisions so may say. During the briefing it occurred to me that it is that it is not possible for a regulated body to comply a shame that the same cannot be said when it comes to with them. For example, if Yarra Trams wanted to political interference over railway crossings and how build a super-stop and Transport Safety Victoria said the need to improve safety of crossings could be one thing about the super-stop’s compliance but undermined by a government that is not compelled by VicRoads said something else, Yarra Trams would be the need to improve safety across the rail crossing caught between the two and be unable to comply with network but is compelled by political imperatives. the conditions that were being put on it. Indeed these political imperatives have clearly ridden

TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011

2964 ASSEMBLY Wednesday, 31 August 2011 roughshod over safety concerns across our railway much, and certainly you would not be conducting crossings. Why else would a crossing in Brighton that yourself in a safe way. What is missing here is the ‘0’ in is no. 223 on the list of the most dangerous crossings middle of the 0.15 — it should read 0.015 — and the get $2 million when 8 out of the 10 most dangerous bill seeks to rectify that. This is also consistent with crossings in Victoria get absolutely nothing? This bill national legislation. makes it plain that safety comes first over railway crossings if VicRoads wants to intervene, but if this The bill also corrects an unintended consequence of the government wants to intervene politically and prosecute Bus Safety Act 2009 to require drivers of commercial its own political imperatives, that is just fine; it is minibuses to remain accredited. This was always the something we all have to live with. case, but the bill makes it clear. It will also ensure that all drivers undertake any courses that are required by As I said earlier, there are changes proposed by the bill the secretary of the department to ensure their as a consequence of the work the Ombudsman has competence. There are about 1000 or so drivers at undertaken. In his report titled Investigation into the present who drive commercial minibuses and Issuing of Infringement Notices to Public Transport community buses and the like, and the Bus Safety Act Users and Related Matters he recommended that there will be amended to ensure that if they have a be changes in this area. The bill makes changes by probationary licence, they are still able to do the job requiring that any incident across the network that that is asked of them. Ultimately the safety director involves an authorised officer — not a protective gives the green light about whether this can take place, services officer but, say, a ticket inspector or a ticket and he can revoke it at any time if there is a breach. It seller — will now be required to be reported to the will ensure that the 1000 or so probationary drivers are Department of Transport within 48 hours of the still able to operate. It is an unintended consequence of incident. Previously operators had 14 days to notify the the Bus Safety Act that is being corrected here. department but, as I said, the Ombudsman did not think that was good enough and now this kind of incident The other important change is a very common-sense needs to be reported within 48 hours. change which relates to scheduled compulsory bus servicing. In the past the service had to be done on the The types of incidents that are referred to are things like 12-month anniversary. This change gives a 14-day occasions when a passenger and an authorised officer leeway on either side of the anniversary, which will have been engaged in some sort of altercation and provide greater flexibility. It has been welcomed by the perhaps there has been an injury of some kind or bus association and other operators in the system. somehow perhaps some property has been damaged involving an authorised officer or a child or another In brief, the other changes to the Bus Safety Act relate vulnerable person has come to grief as a consequence to offences involving fraud or dishonesty which in the of an involvement with an authorised officer. Now it past meant a person was not eligible for bus will be required that the incident be reported to the accreditation. The Victorian Civil and Administrative department within 48 hours as opposed to 14 days. This Tribunal was continually overturning the mandatory is to ensure that any breach of an authorised officer’s refusal of these kinds of offences, and the bill provides code of conduct, which may reflect poorly on their the safety director with discretion about whether or not performance, is brought to the attention of the authority. a person can be accredited if there has been an offence According to the briefing that was given by the along the lines of fraud or dishonesty. This is in Department of Transport, these changes are already in keeping with what is happening on the ground. place. Once the Ombudsman’s report hit the deck last year the operators made a series of changes, and this There are also changes to the Rail Safety Act 2006 to change in the bill simply reflects what is happening on bring Victoria into line with the national position. It the ground. makes it clear that safety management systems are only to apply to accredited rail operators. It also clarifies that There is also a correction to the Transport (Compliance the director of public transport does not need to have a and Miscellaneous) Act 1983. The bill corrects what safety management system because it does not operate has been an extraordinarily long-term error relating to services directly and so does not require accreditation. infringements and alcohol in the blood or on the breath. Of course this reflects the policy of the Road Safety Act Since 1994 the definition has been that if you have 1986 and is consistent with what is happening 0.15 grams per measure of blood or breath of alcohol, nationally. you are in breach of the act. I am not a drinker, but I think 0.15 is a significantly high level of alcohol in the The changes under clause 23 relating to the national blood. I am sure you would not be able to operate model Rail Safety Act 2006 enable transport ministers

TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011

Wednesday, 31 August 2011 ASSEMBLY 2965 across Australia to enter into agreements that deal with burden on transport operators by aligning safety the reciprocal powers of rail safety officers. Again this management requirements applying to rail operators is a national reform that is being reflected here in with national provisions, allowing registered bus Victoria. If the bill did not reflect the kinds of changes operators providing services to disabled people to that have been happening nationally, it would limit continue using drivers who hold probationary driver Victoria’s capacity to enter into these sorts of licences and providing greater flexibility in scheduling arrangements. Far be it from me to want to limit the compulsory bus safety inspections and the requirements minister in any way, shape or form. He has plenty of for accreditation as bus operators. limitations himself that he needs to overcome before we get the legislation to cover the work that he needs to be We heard from the member for Northcote, and she was doing. very critical of the Minister for Public Transport, but we must remember what happened in the previous As I said earlier, Labor will not be opposing the bill. government. The previous government could not even There are a number of changes that are reflecting a spit get the fundamentals right. We all remember the vision and polish of acts that were passed by the Labor of rails buckling in the heat and all the cancelled rail government. They are common-sense changes that services. The previous government could not even get need to be made. the air conditioning right. Then there was that sight on television of the former Minister for Public Transport, I would like to take this opportunity to speak to the Lynne Kosky — I had to feel sorry for her — when minister on behalf of commuters. As this is only the they could not even get a decent myki machine for her second bill that he has brought before the Parliament, I to use. She went to put her card in and the machine fell think it would be most valuable to each and every one off the wall. The previous government could not even of us, and in particular to the minister, if he were to get the basics right, and yet its members come in here bring in legislation to deliver on the commitment he and criticise the government. made prior to the last election regarding the establishment of the authority. The minister should not Mr Wynne interjected. just issue a press release or a press statement about who is going to head the authority; he should do the work Mr WELLER — The member for Richmond and do the Parliament the courtesy of bringing the interjects, and I know it is improper to respond to legislation before the house as he promised he would interjections. However, he speaks about regional rail. and not let time slip by. Mr Wynne — How is that going? As we have seen to date very little has happened in the public transport space other than cuts to things like Mr WELLER — How was it going? Was it not the DDA funding, no funding for buses, no new train former government that tried to fix the rail line to services, no new trams et cetera. Wodonga? What happened then? It was working; the government went in and fixed it up, and then all of a Honourable members interjecting. sudden, because it did not put the right amount of ballast in, the rail line sank a foot. So there were rail The ACTING SPEAKER (Mr Blackwood) — services that were not able to run, and there were Order! replacement buses running all the way up until early this year. It was the current Minister for Public Ms RICHARDSON — I am looking forward to Transport who got it back on track, so to speak. dealing with that debate, let me tell the house. I am also looking forward very much to seeing the legislation and Let us move on to the bill so we can talk positively seeing the minister crawl out from under his desk and about what is going to happen rather than revisiting actually do the job that he is required to do and deliver history and reminding everyone what a poor operator the legislation he promised he would relating to the the previous government was when it came to running public transport development authority. rail. Clause 1 sets out the purposes of the bill, and the explanatory memorandum states that they include: Mr WELLER (Rodney) — It gives me great pleasure to rise this evening to talk on the Transport to promote public transport safety by amending the Transport Legislation Amendment (Public Transport Safety) Bill (Compliance and Miscellaneous) Act 1983 … to — 2011. The bill broadly aims to promote public transport shorten the period in which certain incidents involving safety by making a number of amendments to the bus authorised officers must be reported — and rail safety regimes that apply to public transport operators. The bill also aims to reduce the regulatory we are going to shorten it —

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and Mr WELLER — I want to reiterate a couple of establish an improvement notice scheme for the points I made before the break for tea, and it is good to improved management of authorised officers by see the member for Northcote has returned to the passenger transport companies such as Metro and Yarra chamber. The member for Northcote was quite critical trams; and of the current minister, saying he was not doing ensure that drivers of commercial minibus services are anything, but what we have done is get the basics right. required to hold a driver accreditation; and We have got the ballast and the rails right, we have fixed the air conditioning, we have even got the require loading and unloading of goods and freight onto timetables right and we have more trains running on rolling stock to be carried out safely; and time. While members of the opposition come in here enable the minister to enter into agreements with and criticise the Baillieu government for taking some transport ministers of other states and territories for the time, we can assure them that we might take some time reciprocal exercise by rail safety officers of powers but we will get it right, and there will be increased under each jurisdiction … services. That is the national consistency. Just before the dinner break I was talking about Honourable members interjecting. clause 19, which inserts new section 28B about which the explanatory memorandum states: Mr WELLER — Obviously the members of the opposition are not interested. New section 28B(3) provides that an offence against subsection (2) is an indictable offence. A note is inserted at the foot of the subsection 3 alerting the reader to the fact that The explanatory memorandum also states that clause 5: the offence may be heard and determined summarily under the provisions of section 28 of the Criminal Procedure amends section 228H(1) of the Transport (Compliance and Act 2009. Miscellaneous) Act 1983 to provide that accredited passenger transport companies must notify the secretary of any relevant The new section provides that the system and incident or occurrence involving an authorised officer within 48 hours of the incident taking place. arrangements required by subsection (2) must be documented, set out and expressed so that the content is This replaces the current period of 14 days, so it is readily accessible and comprehensible to those who use indeed a shorter period — 48 hours as compared to them and contain such matters of information as is 14 days. We are getting on with the job here; we are not required by the regulations so that the everyday person holding up progress. We are getting on and doing the can understand them. job. Turning to clause 27, we see a commitment to have Clause 19 is a very interesting clause. It inserts new more flexibility around when buses have to go through section 28B(1) into the Rail Safety Act 2006, about their audits. Inspections may happen up to 14 days prior which the explanatory memorandum says: to the anniversary of the date of the first inspection or up to 14 days after — a 28-day period — which gives … a rail operator who holds an exemption granted under flexibility to the bus company so it can find a time section 63 of the act must establish a system and arrangements to ensure the rail operations the exempt rail which suits its business to have the bus audit, which operator carries out are managed safely. will improve the safety of the whole system.

And what is the penalty if the rail operator does not do Clause 25 provides that the operator of a bus service that safely? There will be a fine of nine thousand which is not a commercial or local bus service must not penalty units, which works out to be about half a operate a service unless they are registered. We are million dollars, if my calculations are right. That is a bringing in assurances that the quality and safety of the major deterrent to being outside the safety parameters. service will be assured by introducing this clause. It is There will be a responsibility on the companies to most important and a great step forward for public provide safe operations when there is that transport users. The bill also talks about having the amount of — — appropriate licence, about which the explanatory memorandum states: The ACTING SPEAKER (Mr Blackwood) — Order! The time for the dinner break has arrived. The appropriate driver licence for a category of motor vehicle member for Rodney will have the call when the house depends on whether the bus service is a community and private bus service for which the registered operator has been resumes. granted permission to use probationary drivers. If so, then an appropriate driver licence will be — Sitting suspended 6.30 p.m. until 8.01 p.m.

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a full driver licence for that category of vehicle; or good thing, and ministerial powers for some reciprocal a probationary driver licence for that category of vehicle; safety arrangements, which is probably a good thing, or although I do not know that they are actually needed in this bill. an equivalent driver licence issued in another jurisdiction. In respect of a bill called the Transport Legislation Amendment (Public Transport Safety) Bill 2011, I fail This government is ensuring that the appropriate to see how limiting the requirements to repair and licence is there. maintain the safety management system to accredited Turning to clause 32, the coalition gave a commitment rail operators increases safety. We are not increasing that we were going to clean up Labor’s mess. In their requirements; we are limiting their requirements to relation to clause 32 the explanatory memorandum have a safety management system. Likewise, I cannot states that it: see how permitting operators of community buses and private bus services, as good as they may be, to corrects typographical errors in paragraphs (d) and (e) of continue to use drivers who hold probationary licences section 73(1) of the Bus Safety Act 2009. improves safety in those community buses or private Labor could not even get the print right in 2009! We buses. It is also hard to see how providing greater gave a commitment at the election that we would come ‘flexibility’ in the scheduling of compulsory bus safety in and clean up the previous Labor government’s mess, inspections to reduce the regulatory burden in the bus and here we are, with clause 32, cleaning up its mess. industry helps safety. It seems to be a matter of saying, ‘Let’s make it easier: let’s reduce the requirements for What we have to understand is that this side of the safety, and that will somehow make the bill a public house is committed to having safe public transport and transport safety bill’. not only that but public transport that works, public transport where the ballast, the rails and the sleepers are The bill is probably misnamed. It is a minor bill. It is a right and indeed the air conditioning works. I commend bill that has a few good things in it; it is a bill that dots a the bill to the house. few i’s and crosses a few t’s. It is a good administrative clean-up, and this sort of thing has to happen. When Mr HERBERT (Eltham) — It is a pleasure to speak there has been vigorous transport legislation, as the on this bill, particularly after the member for Rodney. former government had, you need some administrative He complained about some minor changes in the bill, clean-ups now and then. The bill is the second piece of but at least the previous Labor government had a lot of relatively minor legislation that we have seen on public public transport bills; I think this is only the second one transport. That is a pity, because public transport in this we have seen since the coalition came to government. state is facing some big issues: funding, planning and There is only one thing worse than the speech I just vision. Those things are simply not on this heard from the member for Rodney, and that is his government’s horizon. Worse, the government seems Richmond tie, which is truly hideous. For those who preoccupied with protective services officers (PSOs) are reading Hansard, it is a bad, bad tie! and minutiae reform that we heard about from the member for Rodney — the dotting of the i’s and It is a pleasure to speak on the Transport Legislation crossing of the t’s. That is the reform agenda this Amendment (Public Transport Safety) Bill 2011. government has brought into this place. In fact public Whilst it is not a particularly meaty bill, anything that transport reform has slowed to a snail’s pace. Some improves safety on our public transport system is well would say it is rapidly going backwards from what we worth supporting. Having said that, I must say I cannot saw under the previous government. really see why this bill is called the Transport Legislation Amendment (Public Transport Safety) Bill On the general issue of safety we have heard promises 2011. It seems to be more about loosening safety to establish a public transport authority. Where is it? It regulations and minor amendments than it is about is bogged down in seeming bureaucratic inertia. We actual safety. have seen nothing on that. Reliability on our system is shot; it is going backwards. We see overcrowding I acknowledge that the bill aligns safety management escalating in our system because nothing is happening. provisions for rail operators with the national We do not see any legislation, any action or any provisions and provides for the safer unloading and funding on the major reforms of public transport that loading of goods and freight onto rolling stock, and that are needed in this state: the additional track, the is a good thing. There will be shorter reporting times, expanded underground, open and transparent bus which the member for Rodney mentioned, which is a tenders, underground transport linkages, new

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2968 ASSEMBLY Wednesday, 31 August 2011 technology, major upgrades to rolling stock et cetera. sites were found. Then he said, ‘Oh, other sites may be All those reforms were started under Labor and all have too expensive’. Of course they were. stalled or, worse, been shelved under this government. Years of planning, detailed design, work schedules, In the end the minister is resuming work; however, the funding — all have been shelved under this extra services from Eltham station that were promised government. Meanwhile, tracks deteriorate, services to the people of Eltham have been delayed by between slump and the system is grinding to a halt while the 12 and 18 months. Work has still not started on the government is doing nothing. stabling there. How long has the government been in here? There has been no work started whatsoever — What has happened to the Hurstbridge train line in my absolutely zero. That is the problem with this electorate of Eltham is a classic example of the inertia government on public transport. What did it do before of this new government. Recently in the newspaper we the election? It promised the world to every single saw it described by drivers as the worst line in person. What has it done since? Nothing. We have had Melbourne. It is a century-old line, and I am prepared to two pieces of minutiae legislation in here. The admit that when I was elected in 2002 and came to government is obsessed with PSOs. Nothing is government it was a century-old, ramshackle train line happening about the major problems in this state; with bottlenecks right along it and a lack of reliability nothing is happening about the plan. and frequency. When I was elected in 2002 the first thing I did was not worry about the minutiae. We did a Mr Watt interjected. complete study of the Hurstbridge line, of the bottlenecks and what the problems were, and then set Mr HERBERT — Labor had a plan, it had the about fixing them. The first fix was a few years go with funding, and it was going to do it. I recognise that you the $50 million upgrade to the Clifton Hill-Merri Creek might not have agreed with that plan. interchange, where two lines merge. There was a single The ACTING SPEAKER (Mrs Victoria) — bridge over the Merri Creek which was a constant Order! The member will speak through the Chair. source of bottlenecks and hold-ups across the line. Fifty million dollars got rid of that bottleneck. Extra track Mr HERBERT — However, the government and a new bridge fixed it up. should have another plan. The truth is that patronage on public transport around the world has increased In relation to the next problem on the line Labor enormously, and those who are handling it successfully addressed, it provided another $50 million to upgrade have a plan, have a funding pipeline and are getting on the communications and signalling equipment from and doing the work. They are buying the rolling stock, Greensborough through to Hurstbridge, provided two putting in the extra track and putting in the extra new stables at Eltham station to house two new trains technology. But this government is doing nothing — and gave a commitment that when those trains were in absolutely zip. They all complain over there, but that is there would be two new peak-hour services in the the truth of the matter. morning and two new peak-hour services in the afternoon. The opposition might not be interested in The ACTING SPEAKER (Mrs Victoria) — suburban Melbourne and the need to do that. That work Order! The member’s time has expired. started — — Mr HODGETT (Kilsyth) — It is always a pleasure Honourable members interjecting. to follow the member for Eltham after the dinner break. I take delight in rising this evening to contribute to the Mr HERBERT — Sorry, the government may not debate on the Transport Legislation Amendment be interested in that — my apology. When its members (Public Transport Safety) Bill 2011. Honourable were in opposition they had no interest in it; in members in this place have outlined the purpose and the government they have no interest in it. The truth is that main provisions of the bill, and the member for Rodney it has been a sad and sorry story on this line since the outlined in detail a number of important clauses. I thank former opposition has got into government. Work the member for Rodney for his contribution and for started on this absolutely crucial piece of infrastructure highlighting some of those important clauses. for safety on the line and for reliability and extra services. What did the minister do as soon as he got in? However, tonight I will contain my contribution to the He called a review. Work stopped. Tools were downed. debate to a commentary on the safety management Shovels were left on the ground. There were no details system clarifications. I do this to assist interpretation in about the review; that went nowhere. Then he said, this area and to put on record this transport commentary ‘Well, we’re looking at other sites for the stabling’. No

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Wednesday, 31 August 2011 ASSEMBLY 2969 on safety management system clarifications for the measures are much more important and need further house. clarification in order that they can be implemented properly and effectively. The bill brings a number of Victorian rail safety provisions more clearly in line with the national Model We have also seen that this government tries to make Rail Safety (Reform) Bill, including provisions about its own projects that were funded as part of the previous safety management systems. A safety management government’s transport plan. It is not unreasonable or system sets out how an operator intends to manage strange for new, incoming governments to try to make day-to-day safety risks on the rail network. Under the the old look new, but this government is certainly national model, safety management systems are only putting a lot of focus on making the old look very new, required of accredited operators — that is, persons who including wasting a lot of time on the regional rail link manage rail infrastructure or run rolling stock. This project and whether it is on again or off again. I can reflects the greater risks to be managed by those imagine coalition members saying, ‘Are we going to go operators with day-to-day responsibility for running rail and do it? Labor didn’t commit’. At the end of the day systems. we all knew the government was going to commit to this project because it is so important and also has The bill confirms and ensures that, in line with the federal government funding. It is a project that on its national model, only accredited rail operators are own will make the single biggest rail safety required to have a safety management system. The improvements — — director of public transport is the contracting party on behalf of the state under franchise agreements with Honourable members interjecting. Yarra Trams, Metro Trains Melbourne and V/Line. The operators are the network operators with day-to-day The ACTING SPEAKER (Mrs Victoria) — responsibility for managing rail safety. The franchise Order! There are an awful lot of interjections. agreements place that responsibility squarely on the operators. The director does not have on-the-ground Mr PANDAZOPOULOS — That project on its control of rail operations. The director is the contract own will effect the single most important rail safety manager under the franchise agreements and for that improvement anywhere across the network by reason is not required to be accredited. separating V/Line country services from metropolitan rail services, leading to improvements in services and The provisions being inserted in legislation by the bill increased capacity. But the government took so long to clarify and ensure that under the Rail Safety Act it is commit to that project that federal government funding not intended, and never was or has been intended, that was under threat; a great gift to the state from the the director of public transport or his successor be federal government was under threat! The reality is that required to have a safety management system. This was only Labor governments have been putting money into not the intention of Parliament in passing the Rail state public transport systems. The last time we saw that Safety Act in 2006 and the amendment removes any was in the Keating years. The Kennett state government doubt about the issue. I trust that clarifies this important cooperated with the federal government, and one issue for the house. I commend the bill to the house. example that came out of that was Cranbourne railway line. There were a whole lot of railway station Mr PANDAZOPOULOS (Dandenong) — It is a upgrades, including the Dandenong railway station, that pleasure to participate in this debate. It has certainly were funded as part of that cooperation. been highlighted by members on this side of the house that we are not opposing the bill but that we support We have been seeing the government dithering and any amendments to clarify improvements to public trying to make Labor decisions look bad and then transport safety in rail, community buses and eventually making them look like they are their own. commercial minibuses et cetera. I am amazed that Now we are going to see ministers going out there and during the lead-up to the election campaign and after opening railway platforms, announcing new rail nine months in office this government still does not services, talking about how much more efficient V/Line have a transport plan or agenda. Apart from protective services are and the reduced travel times. The minister services officers, this is what we have. The reality is has this whole pipeline of benefits that were funded by that since petrol hit the $1 mark and since the Labor a federal Labor government and the previous state government removed zone 3 tickets — something very Labor government. That is just one example. beneficial to those of us who represent the south-eastern and eastern suburbs — there has been a huge increase Honourable members interjecting. in patronage, and therefore public transport safety

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Mr PANDAZOPOULOS — I know government this debate take the opportunity to talk about their members do not want to hear about the reality, but what infrastructure projects and how they will improve safety were the government’s election commitments in on the rail system. The lack of that really highlights to transport? You would think we would have heard one all of us — that is, everyone who is listening to this of the government members when talking on this bill debate and who will read the record of it in future — outline what some of its initiatives were apart from that there has not been much on the government’s funding priority project no. 200, a rail grade separation agenda in relation to new public transport initiatives in in New Street, Brighton — a very low-priority project. the last nine months. That is very insulting to everyone around the state with higher priority road funding projects than grade Ms WREFORD (Mordialloc) — I rise to support separation, projects which are also about improving the Transport Legislation Amendment (Public safety for rail passengers, for the rail workforce and for Transport Safety) Bill 2011. This bill combines two of drivers. Why project no. 200 is funded ahead of a the greatest reasons for the result we saw at the 2010 whole lot of other projects is beyond my understanding. state election — that is, public transport and public Obviously the member for Brighton is to be safety. The previous government had a woeful record congratulated on having had a lot of political pull in her on both of those things. Who could forget Labor’s party when going through the election campaign. classics like having 65.5 per cent punctuality on the Frankston railway line in June 2010 or building the It basically means that in my area the South Gippsland Lynbrook railway station but forgetting that it would Highway and the Pakenham railway line intersection — need electricity? which has heaps of truck traffic going into the industrial area of Dandenong, where there are massive queues, a In a short space of time the Baillieu coalition lot of accidents occur and trucks potentially get stuck government has made remarkable improvements in under rail barriers — does not get a guernsey at all. public transport and public safety. For instance, Neither does the Heatherton Road crossing in Noble punctuality on the Frankston railway line is now Park at the Noble Park shopping centre. 92.6 per cent — punctuality on that line went from 65.5 per cent to 92.6 per cent. I say to the Leader of the The reality is that the government has no real transport Opposition that 62.5 per cent is better than 16 per cent plan. The government is just piggybacking off a whole but not nearly as good as 92.6 per cent. lot of Labor initiatives. Where it had the opportunity to do something in the election campaign, we saw zilch. It This amendment bill is another step in the process of has had nine months to do something about it and come improving public transport and transport safety by up with new initiatives in its budget, but we have strengthening rail and bus safety schemes and tidying basically seen small fry for the increased patronage we up older legislation. In the finest of Liberal traditions, it are seeing in the public transport system. This is an also reduces the regulatory burden on transport opportunity for members to sit there, and as I operators by doing things like aligning legislation with conclude — — national provisions. This will save businesses a lot of doubling up. Mr Watt — On a point of order, Acting Speaker, the member seems to be straying quite far from the bill. The driving aims of the bill are, firstly, to raise the level I ask you to bring him back to the bill. of public transport safety and efficiency by making improvements to rail, tram and bus safety schemes; Mr Herbert — On the point of order, Acting secondly, to tighten government scrutiny and oversight Speaker, there are a number of issues in this legislation. of management of authorised officers employed or The nature of this debate has been broad ranging. I engaged by passenger transport companies; and thirdly, think the member for Dandenong is speaking to the to cut red tape by reducing the regulatory burden on essence of the bill. I do not believe the member for transport operators. We are making the system safer Burwood has raised an appropriate point of order. and at the same time we are increasing the efficiency of the system. It is a real win-win situation. The ACTING SPEAKER (Mrs Victoria) — Order! I do not uphold the point of order. However, the This bill aligns the safety requirements of rail operators member was straying from the bill. I ask him to come with national standards. That makes good sense back to the bill. because operators then have one set of rules rather than two. It clears up confusion and saves people doing a lot Mr PANDAZOPOULOS — In conclusion, I hope of doubling up. Labor loved doubling up, red tape and the remaining government members who will speak in inefficiencies. We are fixing that. This bill also makes it

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Wednesday, 31 August 2011 ASSEMBLY 2971 clear how rail safety duties are to be applied to loading carbon tax. It cannot save us from the massive impact and unloading. the carbon tax is going to have on electricity prices and therefore the impact it will have on our electrified train The bill helps people who provide services to disabled service. It cannot fix all the issues Labor managed to and vulnerable people by allowing probationary drivers create for public transport over its 11 long and wasteful to drive minibuses for registered operators, including in years in government. How do you manage to get the Department of Human Services, where this is punctuality on the Frankston line down to 65.5 per already the case. cent? This bill takes the next steps in improving the system. The coalition government might have It also requires for-profit minibus operators to ensure punctuality on the Frankston line up to 92.6 per cent, that drivers have appropriate accreditation. It reduces but we need to keep working at it and keep the the red tape burden on the bus industry by allowing improvements coming. Bills like this one will help. flexibility in the scheduling of compulsory bus safety Bills like this one will make the system operate more inspections. Where a jurisdiction is shared between two efficiently and sensibly. This bill will help us keep safety regulators and there is a difference of opinion more trains running smoothly on the Frankston line. that cannot be resolved, the dispute resolution system being introduced by this bill will be used. This bill also Further, this bill will do a great deal for safety. It will corrects an incorrect definition in the existing provide for much greater scrutiny of the performance legislation by clarifying the permissible blood alcohol and behaviour of authorised officers. It will enable level for rail safety work offences. government and transport companies to better watch and manage authorised officers. Under this bill This bill responds to Victorian Ombudsman’s companies will be required to report adverse incidents December 2010 report entitled Investigation into the within 48 hours. This will allow for a faster, smoother Issuing of Infringement Notices to Public Transport flow of information. That will improve responsiveness Users and Related Matters. It was scathing of the and therefore increase the opportunity to identify and situation the previous government oversaw. We will not fix problems quickly. As a backup to that, under the bill allow that to continue. This bill introduces measures to improvement notices will be issued to passenger tighten the government’s scrutiny and oversight of transport companies with regard to authorised officers. passenger transport companies’ management of This will mean that if there are problems, the authorised officers. companies will be notified to take action. It will mean Amongst the measures in the bill, there is a variation of that there will be much greater control over the way the time frame in which passenger transport companies authorised officers act. such as Metro Trains Melbourne or Yarra Trams must This bill will also introduce a great deal of common report adverse incidents involving authorised officers to sense. Granted, the legislation will not be able to the department — they must now report within prevent giant Labor stuff-ups like when the former 48 hours of an incident. It also introduces an government forgot to connect the power to the improvement notice scheme for passenger transport Lynbrook railway station. If you cannot remember to companies which employ or engage authorised officers. supply a train with power, how can you manage a state This bill, like this government, looks to the future. In or a country? How do you think they are going to go anticipation of proposed national rail safety law and implementing a giant carbon tax? also to reduce Labor’s beloved red tape, which it You cannot change Labor, but for the rest of Victoria wrapped around the transport industry, this bill enables this bill will apply a great deal of common sense. It will the minister to enter into reciprocal agreements with fix the problems the minibus operators have been transport ministers of other states and territories so rail having. We should never underestimate the importance safety operators can act cooperatively. The bill also of minibuses to our community. They give so many provides the director, transport safety with greater community groups and people generally the flexibility when deciding to accredit bus operators if opportunity to be active. Some of the barriers out there they have convictions for fraud and dishonesty that are are overly restrictive and totally misplaced. This bill over 10 years old. will correct that, and in doing so it will make life a lot So you can see that this bill provides much greater better for so many in the community. flexibility, much more efficiency and more safety for The bill certainly delivers common sense by aligning transport users. It cannot solve all the transport issues, Victoria’s policy with national provisions. It must have and it cannot save Victoria from the impact of Labor’s been frustrating for operators to have to deal with two

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2972 ASSEMBLY Wednesday, 31 August 2011 sets of rule books and the clashes between them. requirement to have a safety management system. We Having a consistent set of rules is a much better and are softening the requirements on how they implement more efficient way to operate. Even little things like their safety management systems. We are allowing a allowing some flexibility in the scheduling of safety safety director to impose reasonable conditions, terms, inspections will help operators a lot. It might mean, for limitations and restrictions on drivers who have instance, that companies will be able to move an probationary licences, so there is a softening in terms of inspection forward just a little so they can manage their probationary licences for some bus operators. And we commuter scheduling more effectively. Where there are are allowing the safety director to accredit applicants bus driver shortages the director, transport safety, will who have convictions for fraud or dishonesty that are have greater flexibility in accrediting bus drivers who over 10 years old. The sorts of provisions in this bill are have 10-year-old convictions for fraud or dishonesty, a joke. They tidy up some aspects of the legislation, but which might make a real difference to our community. they certainly do not give anyone any confidence that this minister will be taking action to make them safer. Finally, enabling the minister to work freely under the agreement with the other states, particularly in the When I reflect on public transport and ask people context of the anticipated national rail safety law, will across my electorate about public transport, ‘Do you allow for a much more responsive and appropriate think Labor or Liberal can provide public transport approach. It will provide a great deal of clarity. In a few facilities in our electorate?’ you know what they will short months we have seen improvements to the say because they remember what the public transport Frankston line, including greater punctuality, which is system, including the rail system to Melbourne from up from Labor’s 65.5 per cent to the government’s Ballarat and the rail system from Bendigo to Melbourne 92.6 per cent. Bills like this will help consolidate and via Malmsbury and Kyneton in my electorate was like improve the performance further and make life better before Labor was elected in 1999. Before 1999 there for Victorians. This bill promotes common sense, were bus systems operating but not many. If you lived efficiency and improvements to public transport and in the country, you did not get many bus systems at all. safety. I commend this bill to the house. They know that under Labor we had a significant upgrade of the regional fast rail between Ballarat and Mr HOWARD (Ballarat East) — I am pleased to Bendigo. speak after the member for Mordialloc. I am quite amazed. I was certainly pleased when I saw the Dr Sykes interjected. Transport Legislation Amendment (Public Transport Safety) Bill 2011. I thought this is a bill I would like to Mr HOWARD — The member for Benalla wants speak on because I am concerned about public transport to make comments about silly things. and ensuring that people who use public transport can have confidence that it is always going to be safe. Dr Sykes interjected. Initially I thought the government would be doing The ACTING SPEAKER (Mrs Victoria) — something with this, but then I read the detail of this bill Order! and found it difficult to understand how it is going to make a big difference in terms of safety. Mr HOWARD — We know people are starting to use the public transport system. The numbers on our I heard the responsible minister, the Minister for Public transport systems doubled over the time Labor was in Transport and Minister for Roads, speak today after office. People love using the train system because they having been asked what was happening with the Arrive know they have new V/Locity trains — — Alive safety campaign in regard to the roads. The minister made a great speech. He stated that following a Mr Watt interjected. review some action will be taken. I thought maybe there would some action in regard to public transport The ACTING SPEAKER (Mrs Victoria) — safety with this bill, but what have we actually seen? Order! The member for Burwood has been quite noisy We have seen some material that the department has since dinner time. obviously provided for the minister indicating how we can tidy up the legislation. Mr HOWARD — People know they have many more services, and they felt safe on those systems. The We are not opposed to the amendments that will tidy up people who are using the system know that Labor the legislation, but what are we actually doing? When invested in rail transport in regional Victoria. Labor you read some of key measures in this legislation you reopened the lines up to Ararat and Maryborough see we will be exempting some operators from the which the Liberals had closed. People know that Labor

TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011

Wednesday, 31 August 2011 ASSEMBLY 2973 provided them with a great public transport system that government was on the skills required in the rail enables them to travel between Ballarat and Melbourne industry. Through that report we understood that there and between Bendigo and Melbourne and that this is a are a number of areas where there is an impending reliable, smooth-running system that they can enjoy skills shortage in the rail industry. We made many using. They also remember that the Liberals only let the recommendations, which included setting up an system run down; they were selling it off and closing improved training facility — probably at Newport down country rail lines. How the member for Benalla, because it is an appropriate place to have it — where who represents part of country Victoria, could feel we bring in the rail operators to train new rail drivers, comfortable making any positive comments about his signalmen and other people involved with track work to side when it comes to public transport I do not know. ensure that we are going to have a skilled workforce to maintain our rail and tram industry into the future. We also know that Labor increased the bus services. Labor just about tripled the number of bus services in At this stage I have not heard any response to this report my electorate to enable people from Mount Egerton from the new government. I certainly urge the minister and Gordon to get to the train at Ballan and back to the to seek out the report and the advice he has received services at Ballarat. Labor enabled the people of from the department in regard to this matter so that we Hepburn Springs and Daylesford to get the train at can see that we will have some skilled people trained Ballan as well as providing the people of Creswick with up to ensure ongoing rail systems and good training in a substantial upgrade of both the bus service and the the rail sector. This is the sort of issue that is going to train service and the reopening of their station. There be important. We want to see from this government that was much upgrading of the public transport system there is not just this ongoing trite talk about what they while Labor was in office, but what do we get now? are doing. We want to see the action we were promised by the minister earlier today in regard to safety on our The first transport bill from this new minister amounts roads, rail and everywhere. to changing the wording in some legislation in a way that does not guarantee increased safety but simply tries I also make the point that one of the few issues of to make it smoother in the way it operates. It is concern to some of those in my electorate who have questionable whether it has made any improvement. It been travelling on the bus system is the safety at the bus is a bit like so many other bills that this government has stop on Little Bridge Street, Ballarat, which has been a brought in. matter of concern over a number of years. The department did provide security guards at that bus stop Those opposite have come in making grand statements. for a while last year, but I noticed under the new I refer to the education bill that they brought forward. government that has stopped. My colleague the What was their first education bill? It was about member for Ballarat West has asked the minister to allowing principals to search for weapons amongst review this matter of whether safety guards or security students, which was not something I ever had any of people can be provided at the bus stop. We are still my principals asking to be able to do. They wanted waiting for some action on that matter and to see that funding for education. What have they seen? There has the people who use the bus system at that point can feel been a funding cut in education. Nearly $400 million safe while travelling. has been cut from education, and now we are starting to see how that is affecting them. Labor is clearly the party that has built up our public transport system in my part of the world, and it has We are seeing how $50 million has gone from the been threatened by previous Liberal governments. I Victorian certificate of applied learning coordination want to see some action from this minister and to see provision, which is going to make it difficult again in that he builds up the public transport system to show our schools. Certainly none of the schools in my that it can be safe and that it will be built up even more electorate will receive the upgrades that they were in the future. This bill does not give me any confidence hoping for and were promised under Labor. that that is happening.

This is another let-down of a bill from a let-down Debate adjourned on motion of Mr ANGUS (Forest government. The member for Mordialloc described this Hill). bill as modest. It might even be generous to describe it as modest. We know that there is much to be done to Debate adjourned until later this day. continue to support the rail system in this state. I am a former chair of the Education and Training Committee, and one of the last reports we did in the last term of

DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT (PROHIBITION OF DISPLAY AND SALE OF CANNABIS WATER PIPES) BILL 2011

2974 ASSEMBLY Wednesday, 31 August 2011

DRUGS, POISONS AND CONTROLLED The new section 80U creates an offence to display a cannabis water pipe, or a bong component or a bong kit in a retail SUBSTANCES AMENDMENT outlet. The new section 80X makes it an offence to display (PROHIBITION OF DISPLAY AND SALE more than three, or another number that is prescribed, OF CANNABIS WATER PIPES) BILL 2011 hookahs for sale in a retail outlet. Both sections 80U and 80X engage the right to freedom of expression as it restricts a Statement of compatibility retailer’s ability to display cannabis water pipes, bong components, bong kits and display hookahs for sale. The limitation on the display of these devices is intended to Ms WOOLDRIDGE (Minister for Mental Health) restrict the visibility of these water pipes and therefore reduce tabled following statement in accordance with uptake, which in turn will reduce the risks to public health. Charter of Human Rights and Responsibilities Act Section 80X of the bill intends to provide scope for cultural 2006: activity within reasonable bounds, by allowing Middle Eastern and Arabic retailers to continue to sell hookahs so In accordance with section 28 of the Charter of Human Rights they may continue their cultural practices of using hookahs. and Responsibilities Act 2006 (charter act), I make this The restrictions in sections 80U and 80X are lawful statement of compatibility with respect to the Drugs, Poisons restrictions reasonably necessary for the protection of public and Controlled Substances Amendment (Prohibition of health and therefore do not limit section 15 of the charter act. Display and Sale of Cannabis Water Pipes) Bill 2011. Section 20: right to property In my opinion, the Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Under the charter act, the bill engages section 20, the right of Water Pipes) Bill 2011, as introduced to the Legislative people not to be deprived of property otherwise in accordance Assembly, is compatible with the human rights protected by with the law. the charter act. I base my opinion on the reasons outlined in this statement. The deprivation of property under the new section 80ZA occurs under the powers conferred by legislation and for the Overview of bill limited purpose of preventing the display in a retail outlet or sale or supply in the course of carrying out a commercial The purpose of the bill is to make amendments to the Drugs, activity, of a cannabis water pipe or a bong component or a Poisons and Controlled Substances Act 1981 (the act) to bong kit, all of which items are used for an illegal purpose. make it an offence to display in a retail outlet or sell or supply in the course of carrying out a commercial activity a cannabis As the bill clearly sets out the powers of members of the water pipe or a bong component or a bong kit. The bill also police force to deprive a person of a cannabis water pipe, a restricts the number of hookahs on display for sale in a retail bong component or a bong kit in prescribed circumstances, outlet. deprivation occurs in accordance with law, in confined circumstances. The deprivation is subject to a number of The amendments make the sale of a cannabis water pipe, safeguards located in sections 80ZB, 80ZC, 80ZD and 80ZE. which is used for introducing into the body a drug of Section 80ZA is not incompatible with the right to property. dependence, illegal. This is consistent with similar bans placed on implements used for administering other drugs of Conclusion dependence, for example, ice pipes. Cannabis use causes health risks to users, particularly to their mental health, with I consider that this bill is compatible with the Charter of users facing a greater likelihood of suffering from depression, Human Rights and Responsibilities Act 2006. psychosis or anxiety. Hon. Mary Wooldridge, MP In the bill, members of the police force are given enforcement Minister for Mental Health powers to seize and retain a cannabis water pipe, a bong component or a bong kit that is displayed or is for sale or is Second reading supplied in contravention of the act. A cannabis water pipe, or a bong component or a bong kit may be forfeited to the Ms WOOLDRIDGE (Minister for Mental Crown and destroyed in certain defined circumstances. Health) — I move: Human rights issues That this bill be now read a second time. 1. Human rights protected by the charter act that are relevant to the bill The Baillieu government is committed to protecting the health and wellbeing of all Victorians. Before the Section 15: freedom of expression election of the coalition government by the Victorian Section 15 of the charter act recognises the right of freedom people last year a pledge was made to prohibit retailers of expression which includes the freedom to seek, receive and from displaying and selling bongs, bong components impart information. Section 15(3) qualifies this right by and bong kits. This bill delivers on that commitment. providing that this right may be subject to lawful restrictions for the protection of national security, public order, public It has long been a contradiction in policy that cannabis health or public morality. is an illicit substance in Victoria and yet one of the

DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT (PROHIBITION OF DISPLAY AND SALE OF CANNABIS WATER PIPES) BILL 2011

Wednesday, 31 August 2011 ASSEMBLY 2975 commonly used mechanisms for consuming cannabis The bill amends the Drugs, Poisons and Controlled has been widely available for purchase. Substances Act 1981.

Thirty per cent of Victorians aged 14 years and over The amendments to this act will commence on reported use of cannabis at some stage in their lifetime, 1 January 2012. making cannabis the most widely used illicit drug in Victoria. Definitions

Recent cannabis use is highest in young people aged The amendments to the act focus on cannabis water 14–24 years and those aged 25–34 years. pipes, commonly known as bongs, and hookahs. The bill bans the sale of bongs and bong components, which This is particularly concerning when research has also are individual parts that can be used to create a bong. identified that an estimated one in every three regular cannabis users may develop a drug addiction. Bong kits will also be prohibited from sale and display. By banning the display and sale of bongs, bong The health risks of cannabis use are well known. components and bong kits a consistent response is In 2010 ambulance attendances in metropolitan being adopted with regards to the availability of drug Melbourne relating to cannabis increased by 9 per cent paraphernalia. Ice pipes and cocaine kits, both from 2009, with 887 attendances. apparatus used to consume illicit drugs, have already been banned from sale in Victoria. Cannabis-related hospital admissions also increased in that time and half of all Victorian drug-related arrests A hookah is differentiated from a bong generally by its were for cannabis use and possession, an increase on use, which is for the inhalation of a mixture of tobacco, the previous year. molasses, fruit and flavouring. However, hookahs are generally larger in size than bongs and often have more There are also increased risks to personal mental health than one hose and hose opening, as they are commonly from cannabis use, with research indicating that used for communal smoking with a number of cannabis use is associated with increased risk in the participants. development of mental illness. Offences Research published earlier this year finds that cannabis plays a causal role in the development of schizophrenia It will be an offence to display and sell bongs, bong and psychosis disorders in some substance users. The components and bong kits in retail outlets. A retail research paper titled Cannabis Use and Earlier Onset outlet for the purposes of this legislation includes of Psychosis outlined that stopping or reducing markets as well as shops. cannabis use could prevent psychosis in some people. Currently, bongs are widely available at a large number For young people there is a greater likelihood of of retail outlets across Victoria, with retailers displaying developing a mental health problem such as depression, shelves of bongs in their windows for sale throughout psychosis and anxiety if they initiate into cannabis use the city and our suburbs. early in life and use at high levels. Adolescence is already known as a period of high risk for the By making the display and sale of bongs illegal they development of mental illness, so it is therefore critical will be removed from the shelves of shops and out of to make every effort to restrict exposure to illicit drugs shop windows. Bongs will no longer be visible nor such as cannabis at this time. available as a retail item. This will stop the confusing message to young people that while it is okay to display It is also known that using a bong — or cannabis water and sell equipment used for smoking cannabis, it is pipe — is the most common method for consuming illegal to smoke cannabis. cannabis in regular cannabis users aged 12–17 years. This bill will restrict access to this method by banning Hookahs the sale of bongs through retail outlets. It is not the intention of this bill to restrict the sale of the Banning the sale of bongs will reinforce the message subset of water pipes such as hookahs and shishas that that it is illegal to smoke cannabis and further are used for smoking tobacco products. These pipes, discourage its use. often used by Arabic and Middle Eastern communities for cultural purposes, will be exempt from the ban, Attention is now drawn to the detailed provisions of the though there will be a limit on the number that can be bill. displayed for sale in retail outlets.

ELECTRONIC TRANSACTIONS (VICTORIA) AMENDMENT BILL 2011

2976 ASSEMBLY Wednesday, 31 August 2011

It will be an offence to display for sale more than three Assembly, is compatible with the human rights protected by hookahs in a retail outlet. the charter act. I base my opinion on the reasons outlined in this statement.

The decision to restrict the display of hookahs was Overview of bill made to limit the visibility of water pipes to the general public as a means of reducing the uptake of tobacco The main purpose of this bill is to: smoking and in response to the health risks associated make minor amendments to the existing Electronic with it. Transactions (Victoria) Act 2000 to update the electronic transactions regime to reflect internationally A number of representatives from Middle Eastern and recognised legal standards on electronic commerce; Arabic communities were consulted in the preparation align Victoria’s electronic transactions legislation with of this bill, particularly in relation to the limit on the the United Nations Convention on the Use of Electronic display of hookahs, and there was support for the Communications in International Contracts, adopted by restriction on the display of hookahs. the General Assembly in 2005; and

Enforcement modernise Victoria’s laws on electronic commerce to reflect internationally recognised legal standards, enhance cross-border online commerce and increase Victoria Police will enforce the amendments to this act certainty for international trade by electronic means and in line with their existing powers under the act in thereby encourage further growth of electronic relation to other drug paraphernalia. contracting in Victoria.

Communication Human rights issues 1. Human rights protected by the charter act that are A communication strategy has been developed to relevant to the bill provide information to retailers, consumers and the general public on the new offences. This will also be an The bill does not engage any of the rights under the charter opportunity to reinforce to young people, families and act. the broader community the facts about the harms that 2. Consideration of reasonable limitations — section 7(2) can be caused by smoking cannabis. As the bill does not engage any of the rights under the charter This bill delivers on an election commitment by the act, it is not necessary to consider the application of Baillieu government. The bill demonstrates the section 7(2) of the charter act. government’s clear commitment to preventing drug Conclusion uptake and abuse and sending clear messages to the community that illicit drug use is harmful to health and I consider that the bill is compatible with the Charter of wellbeing and will not be supported by the government. Human Rights and Responsibilities Act 2006 because it does not raise any human rights issues.

I commend the bill to the house. Robert Clark, MP Attorney-General Debate adjourned on motion of Mr DONNELLAN (Narre Warren North). Second reading

Debate adjourned until Wednesday, 14 September. Mr CLARK (Attorney-General) — I move:

That this bill be now read a second time. ELECTRONIC TRANSACTIONS The purpose of the Electronic Transactions (Victoria) (VICTORIA) AMENDMENT BILL 2011 Amendment Bill 2011 (the bill) is to amend the existing Electronic Transactions (Victoria) Act 2000. The bill Statement of compatibility will augment the current electronic transactions regime Mr CLARK (Attorney-General) tabled following by acknowledging the use of automated message statement in accordance with Charter of Human systems in the formation of contracts and clarifying Rights and Responsibilities Act 2006: rules in relation to invitations to treat, the determination of a party’s location in an electronic environment, the In accordance with section 28 of the Charter of Human Rights time and place of dispatch and receipt of electronic and Responsibilities Act 2006 (charter act), I make this communications and electronic signatures. statement of compatibility with respect to the Electronic Furthermore, the bill supports the government’s Transactions (Victoria) Amendment Bill 2011. commitment to promote an efficient and facilitative In my opinion, the Electronic Transactions (Victoria) business environment. Amendment Bill 2011, as introduced to the Legislative

ELECTRONIC TRANSACTIONS (VICTORIA) AMENDMENT BILL 2011

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The current act is based on the Model Law on activities and promote economic development both Electronic Commerce 1996, which was developed by domestically and internationally. the United Nations Commission on International Trade Law. The model law provides a set of internationally In 2008 SCAG agreed to the development of a public accepted rules to remove legal obstacles to provide a consultation paper on the Australian government’s more secure environment for electronic commerce. In proposal to accede to the convention. The paper order to achieve national uniformity, the contained an article-by-article analysis of the commonwealth, states and territories all passed similar convention, the differences between the convention and electronic transactions acts. Australian law and proposed amendments to the current regime. Nine submissions were received and all were The current act acknowledges that the ability to transact positive and supported Australia’s accession to the business electronically is an essential aspect of convention. Subsequently, in 2009 SCAG agreed to the contemporary business practice. The current act enables drafting of a model bill to implement obligations under business, the community and government to deal with the convention. At the May 2010 SCAG meeting, each other via electronic means by providing that ministers committed to update their uniform electronic transactions taking place under a law of the jurisdiction transactions legislation by adopting a model bill will not be invalid simply because they are completed prepared and endorsed by parliamentary counsel’s electronically, and enables contractual dealings, such as committee. offers, acceptances and invitations, to be conducted electronically. Furthermore, the current act provides for Implementation of the convention does not require functional equivalence, meaning that transactions significant changes to the current electronic transactions conducted in an electronic environment should not be legislation. The amendments are machinery in nature treated any differently by law than those conducted and a careful assessment has been undertaken to ensure using traditional media. It also provides for that their effects do not unduly disturb settled contract non-repudiation (which prevents parties from denying law or domestic practice since the enactment of the act. that they sent or received particular information), as The amendments will have a low impact on business well as providing clarity that the conduct of electronic and the business community while modernising transactions requires the prior consent of parties. Australia’s laws on electronic commerce to reflect internationally recognised legal standards and increase The United Nations Convention on the Use of certainty for international trade. In those areas Electronic Communications in International Contracts overlapping with the model law, the convention 2005 was adopted by the United Nations General introduces some refinements in the approach since the Assembly on 23 November 2005 and updates the model law was finalised. model law in light of further knowledge and developments in electronic commerce and a more The bill aligns Victoria’s electronic transactions progressed understanding about the use of the internet legislation with the convention and in particular in electronic communications. The convention builds enhances the legal certainty and commercial on the model law with the purpose of facilitating predictability of international electronic transactions. international trade by offering practical solutions for issues arising out of the use of electronic I now turn to the key elements of this bill. communications in the formation or performance of Clause 4 of the bill introduces some new definitions, contracts between parties located in different countries, including for ‘automated message system’, ‘originator’ to enhance legal certainty and commercial and ‘addressee’. Clause 4 also expands the existing predictability. The convention does not otherwise definition of ‘place of business’ so that it refers not only purport to vary or create contract law. to the place of business of a government, government In 2007 the Standing Committee of Attorneys-General authority or non-profit body, but also to the place of (SCAG) agreed to consider updating the model business of an individual. In doing so, the bill clarifies commonwealth, state and territory electronic how the place of business of the parties to a transaction transactions legislation in light of the proposal to can be ascertained and assists parties to determine the accede to the convention. In order for Australia to jurisdiction in which the contract was formed. accede to the convention, amendments are required to Clause 8 of the bill amends the electronic signature be made to the commonwealth, state and territory provisions to refine default rules for determining electronic transactions legislation. Accession to the whether the method used for an electronic signature is convention will improve the efficiency of commercial reliable by providing that an electronic signature must be capable of identifying the signatory and indicating

EXTRACTIVE INDUSTRIES (LYSTERFIELD) AMENDMENT BILL 2011

2978 ASSEMBLY Wednesday, 31 August 2011 the signatory’s intention for the information contained EXTRACTIVE INDUSTRIES in the electronic communication. (LYSTERFIELD) AMENDMENT BILL 2011

Clause 10 of the bill revises default rules to determine Statement of compatibility the time and place of dispatch and receipt of any electronic communication that apply in the absence of Mr O’BRIEN (Minister for Energy and Resources) any alternative agreement on such matters. For tabled following statement in accordance with example, the revised default rule for the ‘time of Charter of Human Rights and Responsibilities Act dispatch’ provides that the time of dispatch is the time 2006: when the electronic communication leaves an information system under the control of the originator In accordance with section 28 of the Charter of Human Rights or the party who sent it on behalf of the originator. and Responsibilities Act 2006 (charter act), I make this Similarly, the revised default rule for the ‘time of statement of compatibility with respect to the Extractive receipt’ provides that the time of receipt of the Industries (Lysterfield) Amendment Bill 2011. electronic communication is the time when the In my opinion, the Extractive Industries (Lysterfield) electronic communication ‘becomes capable of being Amendment Bill 2011, as introduced to the Legislative retrieved’ by the addressee at his or her designated Assembly, is compatible with the human rights protected by electronic address. the charter act. I base my opinion on the reasons outlined in this statement.

The bill also introduces a new part 2A into the act to Overview of bill preserve the principle that contracting parties should be free to agree on matters affecting the formation and This bill amends the Extractive Industries (Lysterfield) Act performance of a contract between them. Part 2A 1986. That act ratifies an agreement between the state and includes a proposal to form a contract that is not Boral Resources (Vic) Pty Ltd (the agreement), in which the state grants an extractive industry lease and an extractive addressed to a specific party (or parties) is to be industry licence to Boral Resources (Vic) Pty Ltd on terms set considered as an ‘invitation to make offers’, unless out in the agreement. there is a clear indication by the trader of an intention to be bound. Furthermore, part 2A confirms that the use of The purpose of this bill is to give legislative effect to an automated message system for contract formation amendments to special conditions attached to the extractive industry licence, which have been agreed to by Boral does not itself preclude valid contract formation in the Resources (Vic) Pty Ltd and the Department of Primary absence of human intervention on behalf of one, or all, Industries, the Department of Sustainability and Environment, parties to a contract. Part 2A also provides a level of Parks Victoria and Knox City Council. protection for consumers by enabling a person who makes an input error, which has been dealt with by an Human rights issues automated message system, to withdraw the portion of This bill does not raise any human rights issues. Boral the electronic communication in certain circumstances, Resources (Vic) Pty Ltd does not have human rights because while at the same time ensuring that the right of it is a private corporation, and only persons have human rights withdrawal of a portion of an electronic communication (section 6(1) of the charter act). In my view, the bill also does does not, in itself, confer a right to rescind or otherwise not affect any other person’s existing rights. terminate a contract. Conclusion

The bill aims to modernise Victoria’s laws on I consider that the bill is compatible with the charter act electronic commerce to reflect internationally because it does not raise a human rights issue. recognised legal standards, enhance cross-border online Michael O’Brien, MP commerce, confirm Australia’s commitment to Minister for Energy and Resources facilitating electronic communications in international trade transactions as reflected in free trade agreements Second reading and increase certainty for international trade by electronic means and thereby encourage further growth Mr O’BRIEN (Minister for Energy and of electronic contracting in Victoria. Resources) — I move:

I commend the bill to the house. That this bill be now read a second time.

Debate adjourned on motion of Mr HOLDING The government is committed to making the best use of (Lyndhurst). Victoria’s resources in a way that is compatible with the economic, social and environmental objectives of Debate adjourned until Wednesday, 14 September. the state.

EXTRACTIVE INDUSTRIES (LYSTERFIELD) AMENDMENT BILL 2011

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This bill will further that commitment. It will amend the standard if the relevant Australian standard should Extractive Industries (Lysterfield) Act 1986 which is an change. act that gives the force of law to an agreement between the state and Boral Resources (Vic) Pty Ltd (Boral) The bill will also formalise the current operating hours with regard to a stone quarry in Lysterfield. The of the quarry. Boral has been operating under these amendments improve the environmental performance hours since 2006, after having made an annual application which was approved by both the of the quarry while also improving the commerciality Department of Primary Industries and the Knox City of the operation. Council (the local municipal council). This amendment The bill referentially amends the special conditions as will reduce administrative burden on the state, Knox set out in schedule B to the extractive industry licence City Council and on Boral. attached to the Extractive Industries (Lysterfield) Act Amendments will also be made to the special 1986. These amendments have been made after conditions in order to make all of the conditions extensive consultation between Boral and Parks consistent with the new plans. A constraint on pit depth Victoria, Knox City Council, the departments of that is inconsistent with new development plans is primary industries and sustainability and environment, removed, and a mechanism to control the maximum and the local community. Such consultation has meant water level in the lake is inserted. that all of these parties have agreed on a new approved working proposal that outlines how the quarry will be The bill also amends the timing of reclamation so that developed into the future. reclamation commences within two years of the terminal faces being reached at the surface of the The amendments within the bill give effect to the new proposed lake. This replaces a clause which did not approved working plan and approved working logically address the timing of reclamation and could proposal. The new plan creates a smaller quarry have resulted in double handling of overburden under footprint than the current design. It also retains the new working plan. approximately 10 hectares of dense native forest and creates one rather than two lakes at quarry closure. The The bill will make changes to the species of native trees of local provenance that are required to be planted as new plan will also result in the centre of the quarry part of the quarry site’s rehabilitation. The changes to operations being moved further from residential areas the future vegetation mix are based on the results of a to the north of operations and reduce the quarry’s visual flora and fauna survey completed by Ecology Australia impact. Finally, the new plan produces approximately in 2005. 8 hectares of flat land suitable for public use that is not provided by the current design. Amendments will also be made to the degree of water reticulation required to be installed when these native In addition to these improvements, the bill will also trees are planted to optimise survival. The requirement amend the referral requirements that the minister for reticulation is amended to be based on need, rather responsible for the Extractive Industries (Lysterfield) than made compulsory. Act 1986 will have to follow before approving any further variations to the approved plan. The minister Finally, the bill adds a clause requiring more detail now has to make appropriate referral to all relevant about a preclosure plan from the licensee to be provided agencies, which include Parks Victoria, the Knox City to both the departments of primary industries and Council and the departments of primary industries and sustainability and environment before 2030. The sustainability and environment. licensee has to consult with these departments with respect to a water management plan and a schedule The bill amends when a new working plan should be regarding the remaining rehabilitation. submitted by Boral. Rather than being required annually, a new working plan shall only be required The timing of this submission is to allow time for the when requested by the minister. This makes the departments to review the suitability of the landscape proposal and for preparation of an alternative plan if Extractive Industries (Lysterfield) Act 1986 compatible necessary. with all modern work authority conditions. I commend the bill to the house. The standard to which any new fencing on the licence area must be constructed will also be amended. This Debate adjourned on motion of Mr HOLDING amendment will ensure that fencing complies with the (Lyndhurst). relevant Australian standard or any updated relevant Debate adjourned until Wednesday, 14 September.

GAMBLING REGULATION AMENDMENT (LICENSING) BILL 2011

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GAMBLING REGULATION AMENDMENT protect the specified rights and freedoms of persons. A ‘person’ is defined as a ‘human being’ under section 3 of the (LICENSING) BILL 2011 charter act. Consequently the charter act does not apply to a corporation. Under the act, holders of a venue operators Statement of compatibility licence, gaming operators licence, or the monitoring licence (including any applicant for those licences) must be bodies Mr O’BRIEN (Minister for Gaming) tabled corporate. Provisions in the bill that apply to venue operators, following statement in accordance with Charter of gaming operators and the monitoring licensee will not engage Human Rights and Responsibilities Act 2006: the charter act.

In accordance with section 28 of the Charter of Human Rights 1. Human rights protected by the charter act that are and Responsibilities Act 2006 (charter act), I make this relevant to the bill statement of compatibility with respect to the Gambling Regulation Amendment (Licensing) Bill 2011. The bill engages the following rights under the charter act:

In my opinion, the Gambling Regulation Amendment (i) freedom from forced work (section 11); (Licensing) Bill 2011 as introduced to the Legislative Assembly is compatible with the human rights protected by (ii) right to privacy and reputation (section 13); the charter act. I base my opinion on the reasons outlined in this statement. (iii) freedom of expression (section 15);

Overview of bill (iv) property rights (section 20);

The bill contains a number of measures to ensure a smooth (v) right to a fair hearing (section 24); and transition into the new licensing arrangements for the Victorian gambling industry post 2012. Under the new (vi) right to a presumption of innocence (section 25). arrangements: I now consider these rights, together with the provisions of (i) holders of a venue operators licence bid directly for the bill that engage these rights. 10-year gaming machine entitlements which, from 16 August 2012, will authorise venues to possess 1. Section 11 — Freedom from forced work and operate gaming machines; Section 11(2) of the charter act provides: (ii) a new monitoring licence for the monitoring of gaming machines will be issued for a period of (2) A person must not be made to perform forced or 15 years; compulsory labour. (iii) a single 10-year keno licence has been issued; and Under section 11(3)(c) of the charter act, ‘forced or (iv) a single stand-alone 12-year wagering and betting compulsory labour’ does not include work or service that licence has been offered. forms part of normal civil obligations.

The bill implements the government’s pre-election The Human Rights Committee of the United Nations (HRC) commitment to ban lobbyists from the gambling licensing has considered the meaning of ‘normal civil obligations’ in processes. It also contains measures to: the context of article 8 of the International Covenant on Civil and Political Rights (ICCPR). The HRC has expressed the (i) identify the monitoring legacy system for the view that to qualify as a normal civil obligation, the labour in purpose of transitioning into the new monitoring question must, at a minimum, not be an exceptional measure; arrangements; must not possess a punitive purpose or effect; and must be provided for by law in order to serve a legitimate purpose (ii) reduce the regulatory burden on public lottery under the ICCPR (see Faure v. Australia (2005)). licensees by removing the supervision requirements for lotteries drawn by a random Clause engaging section 11 number generator; Clause 32 inserts new section 3.8.10, which provides that the (iii) better protect the integrity of the racing industry by minister or an authorised person may make a reasonable enabling the Victorian Commission for Gambling direction to a specified person to provide assistance to the Regulation (the commission) to suspend the minister or authorised person to effectively exercise a power registration of a bookmaker or bookmaker’s key under new section 3.8.8. These directions may include a employee pending the outcome of criminal direction to the person to find and gain or arrange access to proceedings; and specific information. It is a defence to a charge of failing to provide the necessary assistance if the defendant does not (iv) make minor amendments to the Gambling know how to, or is not able to, provide the assistance required Regulation Act 2003 (the act) to improve the under the direction. A defendant is not able to provide the operation of the act. assistance required under the direction if the defendant is unable to do so because of his or her terms and conditions of Human rights issues employment or engagement.

The bill has been assessed against the charter act and engages This provision engages the freedom from forced work specific rights provided in that act. The charter act applies to because it requires a person to perform work for the state.

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However, the limitation is in the course of the specified minister reasonably believes is a legacy system person’s normal civil obligations and would thus not limit the owner must give the minister or an authorised right under section 11 of the charter act. This is because the person and their assistants access to the business power is in relation to a task which would ordinarily be premises occupied by that person and, if that performed by the person related to his or her employment. person is a gaming operator, every associate of that The provision’s purpose is to facilitate the exercise of lawful operator who is not a legacy system owner. The powers. It is not punitive or exceptional. Therefore, the new section also provides for access to a legacy provision does not limit the freedom from forced work. monitoring system, other assets (including equipment and software) and documents. 2. Section 13 privacy and reputation (vi) Clause 32 inserts new section 3.8.8, which Section 13 of the charter act provides: provides that on serving an access notice, the minister or authorised person may do certain A person has the right — things, including searching the premises and inspecting or examining assets. (a) not to have his or her privacy, family home or correspondence unlawfully or arbitrarily interfered (vii) Clause 32 inserts new section 3.8.5, which with; and provides that the minister may direct a person who the minister reasonably believes owns a legacy (b) not to have his or her reputation unlawfully monitoring system (or part thereof) to provide any attacked. information or document (or class thereof) within the possession or control of the person which, in The secrecy of personal information lies at the heart of the the opinion of the minister, relates to the matters privacy right because of its relevance to the choices or specified in new section 3.8.5(1)(b). The minister circumstances of an individual’s personal life over which he may then disclose this information or documents to or she is responsible or autonomous. the commission, the monitoring licensee, monitoring services provider or any other person if Clauses engaging section 13 the minister is of the opinion it is in the public The bill contains the following provisions that require interest to do so. disclosure or scrutiny of information by the state: While the applicant for a venue operator’s licence, venue (i) Clause 9 will enable the commission to consider operators, monitoring licensee and pending applicants for the whether the applicant for a venue operator’s monitoring licence are all bodies corporate and thus not licence is of sound and stable financial background. protected by the charter act, these provisions could nevertheless engage the right under section 13 of the charter (ii) Clause 26 provides that the commission may act. This is because the information required by the state require a venue operator who submits a linked might relate to the financial or personal affairs of associates jackpot arrangement for approval to provide any (in the case of new sections 3.8.7 and 3.8.8) and persons additional information that the commission employed by or connected with applicants, pending considers necessary for that approval. applicants, venue operators or the monitoring licensee. In such cases, persons’ right to privacy and reputation will not (iii) Clause 28 provides that the commission may be interfered with, because accessing, obtaining, considering require the monitoring licensee to provide any and disclosing that information would be done pursuant to additional information or material that the lawful powers under the act. The obtaining, considering and commission considers necessary to decide whether disclosing of the information would also not be arbitrary to make an approval. because these powers may only be exercised in certain specific circumstances and for limited purposes. (iv) Clauses 30 and 31 provide that the minister may, subject to any conditions that the minister thinks 3. Section 15 — Freedom of expression fit, disclose any information to a pending applicant for monitoring licence, which was acquired by the Section 15(2) of the charter act provides: minister in response to the minister’s written direction. Under the current sections 3.7.6A and (1) Every person has the right to freedom of 3.7.6B of the act, the minister may give a direction expression which includes the freedom to seek, to the gaming operator or monitoring licensee receive and impart information and ideas of all (respectively) to provide any information or kinds, whether within or outside Victoria … document (or class of information or document) in (2) Special duties and responsibilities are attached to the possession and control of the gaming operator the right of freedom of expression and the right or monitoring licensee, and in the opinion of the may be subject to lawful restrictions reasonably minister relates to the kind of things that the necessary — monitoring licensee will be authorised to do under the monitoring licence and the minister considers is (a) to respect the rights and reputation of other relevant to an invitation or proposed invitation to persons; or apply for the monitoring licence. (b) for the protection of national security, public (v) Clause 32 inserts new section 3.8.7, which order, public health or public morality. provides that on being served a notice, a person the

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The right to freedom of expression is broad. It is not restricted are reasonably necessary to protect the rights and reputation to communicating one’s own views and ideas; nor is it limited of other persons or to protect the public order for the to freedom of political expression. The right at section 15(2) following reasons. includes the freedom from forced expression. Clause 38 engages the right to freedom of expression by Freedom of expression may be restricted where that compelling permit-holders to provide information to the restriction is lawful and reasonably necessary for the commission. The commission may specify in writing the protection of the public order. ‘Public order’ is not defined in kinds of changes for which the commission must be notified the charter, but may be understood as referring to the sum of under section 5.7.17 of the act. Failure to notify the rules which ensure the peaceful and effective functioning of commission of the specified changes may incur a penalty. society or part of society. The requirement that a restriction be ‘reasonably necessary’ requires consideration of whether the The compelling of information under clause 38 is authorised restriction is necessary for, and proportionate to, achieving by clear statutory power. The information that is required to their protective functions. be provided to the commission will be clearly stated and circumscribed in writing by the commission; it will be Clauses that engage section 15(2) prospective, known by the permit-holder to which it applies and be capable of compliance. The bill contains the following provisions that engage the freedom of expression: The compelling of information is reasonably necessary to protect the public order. The purpose of this provision is to (i) Clause 38 requires a permit-holder to notify the allow the commission to monitor and regulate associates of commission of a relevant change in its situation. permit-holders, in order to investigate their suitability for Under section 5.7.3 of the act, a permit-holder may participation in the gambling industry and thus ensure that the be a natural person. gambling industry is free from criminal influence. It is necessary for the commission to be aware of the persons who (ii) Clauses 47, 55, 59 and 66 prohibit lobbying with are associates in order to achieve this purpose. It is also respect to the application process for the proportionate to this purpose because requiring the monitoring licence, wagering and betting licence, permit-holder to provide that information is the least intrusive lotteries licence and the keno licence, respectively. mechanism by which the necessary information can be Clauses 49, 57, 61 and 68 prohibit lobbying with obtained. respect to the amendment process for the monitoring licence, wagering and betting licence, Clause 38 is therefore a lawful restriction on the freedom of lotteries licence and keno licence, respectively. expression reasonably necessary for the protection of the These provisions will collectively be referred to as public order and is thus compatible with section 15 of the the ‘lobbying provisions’. charter act.

(iii) Clause 32 inserts new section 3.8.9, which The lobbying provisions engage the right to freedom of provides that the minister, by written notice, may expression by prohibiting professional lobbyists from require a specified person to attend before the undertaking lobbying activities with respect to the licensing minister and answer questions about the legacy award or amendment process. A ‘lobbyist’ is defined to mean monitoring system or specified monitoring a person or organisation who carries out lobbying activities on information. New section 3.8.9(4) defines who are behalf of a third party client or whose employees conduct specified persons for the purposes of that section. lobbying activities on behalf of a third party client. A ‘lobbying activity’ means contact with a government (iv) New section 3.8.5 provides that the minister may representative for the purpose of influencing a decision or direct a person who the minister reasonably thing to be done by the minister or secretary under a licence believes owns a legacy monitoring system (or part award or amendment process. thereof) to provide any information or document (or class thereof) within the possession or control The limitation on freedom of expression is a lawful restriction of the person which, in the opinion of the minister, that is reasonably necessary for the protection of public order. relates to the matters specified in new It will be authorised by clear statutory powers under the act. section 3.8.5(1)(b). The contact which is prohibited and the purposes for which the contact are made are clearly circumscribed in legislation, (v) Clause 32 inserts new section 3.8.11, which are prospective in operation and capable of compliance. provides that a person must not assault, obstruct, hinder, threaten, abuse, insult or intimidate the The limitation is reasonably necessary for the protection of minister or an authorised person when the minister public order. The purpose of the limitation is to protect the or authorised person is exercising or attempting to integrity of the gambling licensing process. The provisions exercise a power. aim to ensure that decisions made with respect to the licensing of gambling activities are transparent and free from (vi) Clause 50 provides that the secretary may, by undue influence. This is necessary to protect the public order notice in writing, require a person who the because the award of gambling licences is an essential secretary considers may become an associate of an component of Victoria’s gambling industry. The gambling applicant for the monitoring licence, to provide industry in Victoria provides significant employment for certain information. Victorians, it raises substantial revenue for government and funds community assets, as well as sporting activities and These provisions do not limit the freedom of expression in social and welfare organisations in Victoria. section 15(2) of the charter act. The provisions are lawful and

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The restrictions are proportionate to ensuring the integrity of may become associates of the applicant will be subject to the the licensing process and thus protecting the public order requirement under clause 50: ‘associate’ is specifically because they are limited to a specified class of contact with defined at section 1.4 of the act and so the class of persons government representatives. The provisions prohibit only the who would be subject to clause 50 can be objectively types of contact which may adversely affect the integrity of ascertainable. the licensing process. For these reasons, new sections 3.8.5, 3.8.9 and clause 50 do The consequences of breaching the prohibition on lobbying is not limit a person’s freedom of expression. also proportionate to the objective of ensuring the integrity of the licensing process. Where a lobbyist undertakes prohibited New section 3.8.11 is a lawful restriction that is reasonably lobbying activities on behalf of a third party client, the necessary to respect the rights and reputation of the minister minister may refuse to grant or amend the licence. Other and authorised persons and complies with section 15(3)(a) of means of achieving this objective, such as through including a the charter act. The limitation is authorised by law and is criminal offence to lobby, may not be proportionate to this reasonably necessary to ensure that the minister or authorised objective and may thus not be ‘reasonably necessary’ for the person is able to exercise their powers under the act without purposes of section 15(3) of the charter act. hindrance. The assault, obstructions, hindrances, threats, abuse, insults or intimidation that is prohibited under this new For these reasons, the lobbying provisions do not limit the section would offend the minister’s or authorised persons’ freedom of expression under section 15(2) of the charter act. right to liberty and security of the person under section 21 of the charter act, as well as the right to privacy and reputation In the case of new sections 3.8.5, 3.8.9 and clause 50, these under section 13 of the charter act. It follows that new provisions engage the freedom of expression under section 3.8.11 is compatible with the freedom of expression section 15(2) of the charter act because they compel a person under section 15 of the charter act. to express information. However, they do not limit this freedom because they are lawful restrictions reasonably 4. Section 20 — right to property necessary for the protection of the public order. Section 20 of the charter act provides: They are lawful because they are authorised by clear legislative powers. They are also limited in scope to specific A person must not be deprived of his or her property matters; in the case of new sections 3.8.5 and 3.8.9, the legacy other than in accordance with law. monitoring system or specified monitoring system information. Both ‘legacy monitoring system’ and ‘specified The right to property in section 20 is broad and ‘property’ is monitoring system information’ have clear legislative not defined in the charter act. ‘Property’ would include a right definitions. They therefore do not permit questioning on, or or interest that is regarded as property under Victorian law. provision of, matters unrelated to the legacy monitoring Contractual or statutory rights may also be proprietary rights system or specific monitoring information. In the case of for the purposes of section 20 of the charter act. clause 50, the information is limited to that information specified in the notice and is relevant to the consideration of Clauses that engage section 20 the application. New section 3.8.8 gives the minister or authorised person These restrictions are reasonably necessary to protect the powers, including to: public order because the restriction facilitates a legitimate objective of identifying the monitoring legacy system and its (i) inspect, examine or test the legacy monitoring functions to enable the monitoring licensee to perform its system and other assets, equipment and software; statutory functions. Under the act, gaming machines cannot (ii) make copies or take extracts from documents; and operate in Victoria unless they are connected to an electronic monitoring system. The legacy monitoring system records all (iii) remove, or arrange the removal of, documents for gaming machine data and significant events in real time. It so long as the minister considers reasonably also reports on gaming revenue, enabling taxation payments necessary in order to copy the document or take to be calculated and verified by the commission. The extracts from the document. monitoring licensee will have the statutory function of performing these monitoring services from 16 August 2012. New section 3.8.8 may deprive the associates of their right to Identifying the monitoring legacy system and its functions use their property while the minister or authorised person facilitates the smooth and continued conduct of gaming in exercises his or her powers under new section 3.8.8. Victoria from 16 August 2012 as well as compliance with However, any deprivation of property in such circumstances statutory requirements. It therefore protects the public order. would be authorised by law and therefore would not limit the The restrictions are also reasonably necessary to protect the right to property under section 20 of the charter act. public order because clause 50 facilitates the secretary’s New section 3.8.5, which has been described above, may also performance of his or her functions with respect to the deprive a person of his or her information and documents and licensing process, which is required under the act. would thus engage section 20 of the charter act. However, as The restrictions are also proportionate to protecting the public with new section 3.8.8, any deprivation of property in such order because it is limited in scope. Only a limited class of circumstances would be authorised by law and therefore persons are ‘specified persons’ under new section 3.8.9. Only would not limit the right to property under section 20 of the certain classes of persons are subject to a direction under new charter act. section 3.8.5 and only then with respect to specific types of Clause 35 provides that the commission may suspend the information. Only those persons who the secretary considers registration of a bookmaker or bookmaker’s key employee

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where the bookmaker or bookmaker’s key employee has been defence if the defendant does not know how to, or is not able charged with a relevant criminal offence. A bookmaker may to, provide the assistance required under the direction. A be a natural person or a body corporate under defendant is not able to provide the assistance required under section 4.5A.2(1) of the act while a bookmaker’s key the direction if the defendant is unable to do so because of his employee must be a natural person under section 4.5A.3(1) of or her terms and conditions of employment or engagement. the act. Being registered as a bookmaker confers statutory New section 3.8.10 limits the presumption of innocence rights on a person and may thus be seen as property for the because it places the onus of proving certain matters on the purposes of section 20 of the charter act. defendant.

Clause 35 does not limit the right to property under section 20 2. Consideration of reasonable limitations — section 7(2) because any decision to suspend a registration would be in accordance with law and also subject to review. While new section 3.8.10(5) limits the presumption of innocence under section 25 of the charter act, I consider that 5. Section 24 — right to a fair hearing the limitation is demonstratively justified for the purposes of section 7 of the charter act, taking into account all relevant Section 24(1) of the charter act provides: factors, including:

(1) A person charged with a criminal offence or a party (a) the nature of the right; to a civil proceeding has the right to have the charge or proceeding decided by a competent, The presumption of innocence is not absolute. It may be independent and impartial court or tribunal after a subject to reasonable limitations. fair and public hearing. (b) the importance of the purpose of the limitation; The charter act does not define ‘tribunal’. In Kracke v. Mental Health Review Board & Ors (General) [2009] VCAT 646, The limitation serves the important purpose of enabling an Justice Bell held that the right to a fair hearing in section 24 of effective prosecution and thereby a sufficient mechanism to the charter act can include civil proceedings of an ensure compliance with a lawful direction to the person. It is administrative character (at [418]). necessary that persons directed to provide reasonable assistance comply with a direction to give full effect to the The commission exercises administrative powers in objectives of the provision. determining whether or not to suspend a bookmaker’s or key bookmaker’s employee registration. The commission is an (c) the nature and extent of the limitation; independent statutory authority constituted under the act. Clause 35 requires the commission to give notice in writing The limitation requires the defendant to prove that he or she before the suspension can take place. A bookmaker or does not know how to, or is not able to, provide the assistance bookmaker’s key employee whose registration has been required. Therefore, the defendant will possess knowledge of suspended may also seek review of a decision to suspend a the factual basis for establishing the defence and thus it would registration to the Victorian Civil and Administrative be impracticable to require the prosecution to bear the full Tribunal. burden of excluding the defence.

For these reasons, clause 35 is compatible with section 24(1) (d) the relationship between the limitation and its purpose; of the charter act. and

6. Section 25(1) — presumption of innocence The purpose of the limitation is to ensure compliance with a direction, while ensuring that a person who would not be able Section 25(1) of the charter act provides: to provide reasonable assistance is not subject to criminal penalties. The limitation is necessary and proportionate to (1) A person charged with a criminal offence has the achieve this purpose because the person is best placed to right to be presumed innocent until proved guilty know what was his or her knowledge, ability and according to law. employment requirements and thus establish the existence of the defence. Clause that engages the presumption of innocence (e) any less restrictive means reasonably available to Clause 35, described above, is compatible with section 25(1). achieve the purpose that the limitation seeks to achieve. That clause allows the commission to suspend a registration on the basis of a charge, without a formal finding of guilt first There are no other less restrictive means reasonably available being made. In Sabet v. Medical Practitioners Board of to establish the defence. For the reasons given above, it would Victoria [2008] VSC 346, Justice Hollingworth considered not be reasonable for the prosecution to establish the defence. that section 25(1) of the charter act would not apply to It is also of note that the direction must be reasonable under disciplinary proceedings in which no finding of guilt is made new section 3.8.10(4). (at [176]). Clause 35 does not require the commission to make a finding of guilt; nor does it prevent the commission Conclusion from having due regard to the presumption of innocence in making a decision to suspend registration. For these reasons, I consider that the bill is compatible with the charter act clause 35 does not engage the presumption of innocence. because it raises human rights issues but it does not limit human rights incompatibly with the charter act. The bill is New section 3.8.10 engages the presumption of innocence in compatible also because, while it reasonably limits the right to section 25(1) of the charter act. It provides that in a the presumption of innocence, that limitation is demonstrably prosecution for an offence against new subsection (4), it is a

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justified in a free and democratic society for the purposes of The bill will send a clear message to interested parties section 7(2) of the charter act. who intend to engage a lobbyist to influence the Hon. Michael O’Brien outcome of a licensing decision, that such lobbying has Minister for Gaming no place in the licensing process.

Second reading I now turn to the main provisions of the bill.

Mr O’BRIEN (Minister for Gaming) — I move: The bill will allow a venue operator to sell or dispose of gaming equipment during the industry’s period of That this bill be now read a second time. preparatory action in the lead-up to August 2012. This The Victorian gambling industry will next year undergo will give greater flexibility to venue operators who have a significant change. a business need to possess or dispose of their gaming equipment during the transition period; for example, From 16 August 2012, there will be a new venue where they have transferred their gaming machine operator model for Victoria’s gaming industry. Venue entitlements due to their financial circumstances having operators will have direct control over their gaming changed prior to 2012. operations and will be more accountable to their communities. There will also be a new independent The bill will also introduce measures to strengthen the monitor to oversee the integrity of gaming machine regulatory ability of the Victorian Commission for transactions. Gambling Regulation with respect to linked jackpot arrangements and electronic monitoring systems. The Under the new arrangements, a 10-year keno licence bill contains procedures by which venue operators and a 12-year wagering and betting licence will come apply for the commission’s approval of linked jackpot into effect. arrangements or variations to those arrangements. Linked jackpots involve a pool of player funds and so it The dates on which these new industry arrangements is necessary that the commission is able to review and will commence are rapidly approaching. approve how the linked jackpot will be operated, even where changes are made to an existing approved linked Since taking office in November 2010, this government jackpot arrangement. has worked diligently to facilitate a smooth transition from the existing gambling licences arrangements to the Under the act gaming machines must be connected to new arrangements. The government recognises that it is the electronic monitoring system in order to operate. essential to ensure that the arrangements are put in place as soon as possible so that venues can consolidate The electronic monitoring system will enable the their plans and further prepare for the new industry monitoring licensee to conduct monitoring with respect structure. to gaming machines in Victoria. The bill enables the commission to test the electronic monitoring system to This bill is an essential component of establishing the determine whether or not to approve its use, as well as new gaming industry arrangements in the lead-up to in other circumstances, such as to ensure compliance 2012. The bill will further enhance and strengthen the with the act. legislative framework needed to support the transition of the Victorian gaming industry and to assist in Protecting the operational integrity of the monitoring providing more certainty to venue operators as they system is of significant importance to gaming. This bill prepare their businesses for gaming beyond August provides measures to protect the security of the 2012. It will make a number of technical amendments electronic monitoring system by prohibiting a person to provide for a more efficient and effective framework from interfering with the system. for regulation under the Gambling Regulation Act 2003. Currently each gaming operator is responsible for monitoring their own conduct of gaming to ensure that The bill will also deliver on the government’s election it is compliant with their obligations under the act. The commitment to ensure that Victoria’s licence awarding gaming operator’s monitoring systems — the legacy and amendment processes have the highest levels of system — record all gaming machine data and integrity and probity. This government made a significant events. The legacy system currently plays a commitment to legislate to expressly prohibit lobbying key role in the conduct of gaming. It is possible that it activities in respect of the process for the award or may play a role in the transition to the post-2012 amendment of any gambling or wagering licence. arrangements. It is therefore necessary that the state is aware of what comprises the legacy system as well as

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2986 ASSEMBLY Wednesday, 31 August 2011 other information relevant to the legacy system, which amendment of any gambling or wagering licence. This will assist in facilitating transition into the new is consistent with the findings of the Gambling and monitoring arrangements. To that end, the bill enables Lotteries Licence Review Panel, chaired by Ron the minister to obtain information relevant to the legacy Merkel, QC, in its report of 9 October 2007 to the system. Minister for Gaming in relation to the public lottery licensing process. ‘Lobbyist’ and ‘lobbying activity’ are The bill also improves the operation of the Roll of defined in the bill. Manufacturers, Testers and Suppliers to ensure that it appropriately reflects the post-2012 gaming industry The consequences of not complying with the structure. prohibition are significant. If the minister is satisfied that an applicant for a licence has engaged a lobbyist to Only certain persons whose backgrounds have been carry on a lobbying activity, the minister can refuse to suitably checked can be listed on the roll and be grant the applicant the licence. The minister can also authorised to perform functions with respect to gaming refuse to consider an application to amend a licence if machines. the licence-holder has engaged a lobbyist to undertake lobbying activities for or on behalf of the The bill will amend and extend the provisions relating licence-holder. This provides a strong disincentive to to the roll to provide that: engage in lobbying activities that could compromise the persons who intend to supply gaming machines or integrity of the licensing process. restricted gaming components also have the clear Gambling licences are lucrative assets that the state authority to acquire them for the purposes of issues and manages on behalf of the people of Victoria. supplying them to venues; It is crucial that the gambling industry, investors and all new applicants for listing on the roll will apply to be Victorians can have confidence that gambling licences conferred the functions and powers available under in this state are issued and amended within a strict one or more of the three new roll divisions, making probity and integrity framework. the function of the roll more relevant to the applicant This particular amendment is necessary to ensure that and to the new regulatory environment; and the unacceptable conduct of the former government is the integrity and probity measures associated with never repeated. Reviewing the process to award the persons being listed on the roll are enhanced. lotteries licences, the Gambling and Lotteries Licence Review Panel found that the former government The bill makes a number of amendments to give greater provided certain lobbyists with inappropriate access to clarity and certainty to provisions related to the sensitive licensing documents. This conduct seriously monitoring licence. The act currently provides that the compromised the integrity and probity of the process monitoring licensee does not incur any liability for an and damaged confidence in the state to handle these act or omission in the provision of monitoring services matters appropriately. except for the liability that is set out in the commercial agreement entered into between the state and the This bill will remove the incentive for gambling licence licensee at the time of the issue of the licence. The bill applicants to hire third-party lobbyists in an attempt to will clarify the intended scope of the limitation of the improperly secure an advantage in a process that should monitoring licensee’s liability to ensure that the treat all applicants fairly. limitation only applies where the licensee’s acts or The bill enhances the integrity of the gambling industry omissions in the provision of monitoring services cause in other ways. It will implement the racing integrity a gaming machine not to operate. The bill will also commissioner’s recommendation that there be a power clarify the intended operation of the monitoring to suspend the registration of a bookmaker or a services provider provisions and the circumstances in bookmaker’s key employee where the bookmaker or which the monitoring licence can cease. bookmaker’s key employee has been charged with a It is essential that the legislative framework for the relevant criminal offence. If subsequently found guilty gambling industry fosters the highest standards of of a relevant offence, the bookmaker or bookmaker’s probity and integrity. key employee would be subject to disciplinary action by the commission, which can include cancellation of One of the ways in which this bill will assist in doing so their registration. is by banning professional lobbyists from engaging in lobbying activities with respect to the award or

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The bill allows the commission to consider whether an TRANSPORT LEGISLATION applicant for a venue operator’s licence is of a sound AMENDMENT (PUBLIC TRANSPORT and stable financial background before making a SAFETY) BILL 2011 decision whether to grant a licence. It also removes the requirement for the commission to supervise lottery Second reading draws conducted by random number generator. Lotteries conducted by the drawing of balls will Debate resumed from earlier this day; motion of continue to be supervised. This measure reduces the Mr MULDER (Minister for Public Transport). regulatory burden on public lottery licensees while maintaining the integrity of the system. The Mr BURGESS (Hastings) — It is a pleasure to rise commission will continue to be able to approve and to speak on the Transport Legislation Amendment inspect the system. It can also require lottery draws (Public Transport Safety) Bill 2011. The objectives of conducted by random number generator to be the bill are to improve public transport safety and conducted in accordance with the procedures approved efficiency by modifying the rail, tram and bus safety by the commission. schemes; to reduce regulatory burden on transport operators; and to tighten the government’s scrutiny and In addition, the bill also enables the commission to oversight of the management of authorised officers refuse an application for a minor gaming permit on employed or engaged by passenger transport public interest grounds. companies. The bill aligns safety management requirements applying to all rail operators with national Recent media reports have raised the possibility of a provisions. It clarifies the application of rail safety raffle being conducted in Victoria that offers in-vitro duties during loading and unloading operations. It fertilisation treatment as a prize. The government allows registered operators of minibuses to continue to believes this type of prize is inappropriate and could use probationary licence drivers where it is currently encourage vulnerable people to gamble beyond their the case to avoid increasing the regulatory burden on means. minibus operators who provide services to disabled people and to other vulnerable people. It provides Encouraging people to gamble as a way to access greater flexibility in the scheduling of compulsory bus fertility treatment, or any other medical services, is not safety inspections to reduce the regulatory burden on consistent with responsible gambling principles and the bus industry. It introduces a dispute resolution raises a range of ethical issues. Under existing mechanism for where transport safety regulators have a legislation, the commission has no power to refuse such difference of opinion, where jurisdiction is shared and an application. where that difference of opinion cannot otherwise be resolved and adversely impacts on regulatory bodies, This bill will provide the commission with the means to and it clarifies the blood-alcohol level for rail safety refuse a minor gaming permit application where it work offences by correcting an incorrect definition. considers the proposed activity is offensive or contrary to the public interest and will help to ensure that Part of the bill is based on an examination by the irresponsible raffles or other minor gaming activities Ombudsman. Just looking at the summary of the cannot be conducted in Victoria. Ombudsman’s report, during 2008–09 there were 189 complaints about infringement notices issued to In summary, this bill further strengthens the legislative public transport users for offences such as failing to framework for transitioning into the new post-2012 travel with a valid ticket. Analysis of those complaints licensing arrangements and builds on the government’s showed that there was insufficient training of commitment to restore probity, integrity and authorised officers in the use of discretion when issuing responsibility to the forefront of gambling regulation in infringement notices. It also showed that the Victoria. department’s processing of authorised officer reports I commend the bill to the house. was not rigorous enough and that it was not a transparent process. Also, commuters who requested an Debate adjourned on motion of Mr HOLDING internal review often did not receive a response. (Lyndhurst). The primary role of the infringement system and its Debate adjourned until Wednesday, 14 September. authorised officers is to discourage fare evasion and to protect the revenue derived from ticket sales. To enable authorised officers to fulfil this role they must be authorised by the secretary of the department. There are

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2988 ASSEMBLY Wednesday, 31 August 2011 currently — or there were — around 545 authorised sort of popularity poll, or rewarding people who voted officers employed by transport operators. Those for the government. Rather than addressing safety, the officers were variously referred to as ‘ticket inspectors’, government is rewarding people for the way they voted. ‘inspectors’, ‘revenue protection officers’ or ‘customer service employees’. It is worth considering the value of This government also seems obsessed with protective these services to the state of Victoria. In 2009–10 the services officers (PSOs). Tragically, a young woman department issued 171 835 ticket infringements. A total was killed at Roxburgh Park earlier this week crossing of $638.4 million was generated in revenue from ticket the railway tracks to go to a toilet. I wonder if this is a sales, but $15.6 million was generated from position that the PSOs are going to be put in. There are infringements or statutory fines. With a minimum fine no toilets at stations. Are the PSOs going to cross of $176 for adult offenders, there were some questions railway tracks to go behind a bush? I am wondering if about the comparison between the fine and the money that is a way the government is going to address rail that had been avoided being spent on tickets. There safety. What we are concerned about is that this were certainly some severe criticisms of the process government continues to push through a public that was undertaken at the time. transport policy when the government actually promised during the election campaign that such a The bill we are examining tonight looks to address policy would be developed by a Victorian public some of these shortcomings, including the difficulties transport development authority. We again see the with authorising officers, and addresses them in several dithering of this government in delaying setting up such ways. It has introduced measures aimed at tightening an authority. the government scrutiny and oversight of passenger transport companies’ management of authorised I understand that the Minister for Public Transport was officers. The measures taken have varied during a one of those who, for reasons unknown to me, had period in which passenger transport companies such as some trouble appointing staff. Apparently some of his Metro Trains Melbourne and Yarra Trams have staff choices were vetoed, so things did not actually get reported adverse incidents. The time in which adverse up and running as quickly as they should have. This incidents had to be reported was reduced from 14 days may be the reason that the government is dithering on to 48 hours, and this created a great deal of difficulty in this development authority. We see a government that the prosecution of several of those offences. The bill so far has a poor record on safety because, as I said, it looks to address those issues, and it has put in place the has focused on political priorities rather than safety things that need to be considered in moving forward in priorities. that area. I commend the bill to the house. The Minister for Public Transport also refused to get Ms BEATTIE (Yuroke) — Labor does not oppose the government involved in attempts by Metro Trains this bill. Indeed, how could you oppose the Transport Melbourne to allow trains to operate with minor Safety Amendment (Public Transport Safety) Bill defects; in other words, there is a blatant attempt to cut 2011? But Labor actually supports real attempts to costs by risking the lives of passengers. This should not improve public safety. Labor passed the Rail Safety Act go on; governments should not meddle in those sorts of 2006, and we are supportive of real attempts to improve things. So how can we trust this government to properly public transport safety. manage public transport safety? Coalition members had a plan when they were in opposition; they said they We on this side of the house invested in a report to find would do something. Yet here we are nine months later out which were Victoria’s very worst level crossings. and nothing has been done. We invested money in systematically addressing those problems and dealing with the very worst level We have what was described by the member for crossings first. You will recall the blatant, public and Mordialloc as a modest bill, and it is modest indeed. It dishonest way in which the government dealt with that is modest in its wording and in its attempt to actually report after the election campaign. There were fix public transport safety. I admit the bill does do a approximately 230-odd stations identified before the couple of things. It corrects the long-term error relating Brighton rail crossing, and yet the Brighton rail to the allowable blood alcohol level for rail safety crossing was given precedence in the budget over those workers. It also alters the time limit involving the others. That is a disgraceful thing, because what it reporting of incidents by authorised officers. It does means is that 230-odd more dangerous level crossings those things. are not being attended to. We see blatant political interference in safety — not addressing real safety An honourable member interjected. concerns but instead political meddling based on some

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Ms BEATTIE — I know I should not respond to I turn to the structure of the bill. Multiple purposes can interjections, but I think the member said something be identified in clause 1, and I would like to run about the Frankston line. Many members have talked through them. The purpose of the bill is to amend the about the Frankston line. Indeed the members for Transport Integration Act 2010 to provide a mechanism Mordialloc and Frankston talked about action on the for the resolution of conflicts arising from the exercise Frankston line between Mordialloc and Frankston. by the director, transport safety, and a road authority of There has been a lot of action on the line between their respective statutory functions. Mordialloc and Frankston. We see all sorts of things happening on that Mordialloc and Frankston line, and The bill will promote public transport safety by let us hope everything is safe down that way. amending the Transport (Compliance and Miscellaneous) Act 1983 and the Rail Safety Act 2006. I know there are many others who want to speak on this It will provide for a shorter period in which incidents bill. I commend the bill to the house, and I hope the involving authorised officers are to be reported by increased action that is going on between Mordialloc passenger transport companies. It will establish an and Frankston spreads right across the state. Let us improved notice scheme for the management of hope that timetables are improved — — authorised officers by passenger transport companies; require the accreditation of drivers of commercial Honourable members interjecting. minibus services; require that the loading and unloading of goods or freight onto or from rolling stock be carried Ms BEATTIE — I hear more interjections coming out safely; and enable the minister to enter into an from up the back, but I shall not take notice of them. agreement with a minister of another jurisdiction for the Labor does support rail safety. But we support rail exercise of reciprocal powers of rail safety officers of safety when it is done for safety’s sake, not when it is each jurisdiction. done for crude, political point scoring, as happened on the Brighton line. There were 230 level crossings above Another aspect of the bill will limit the regulatory it on a priority list and it gets promoted up to no. 1. burden on transport operators by amending the Rail Numero uno in Brighton; let us see how that goes. The Safety Act 2006 and the Bus Safety Act 2009 to government’s record on safety is poor and we will call provide that the requirement to prepare and maintain a this government to account on public transport safety. safety management system applies only to accredited rail operators. It will permit the operators of community Mr ANGUS (Forest Hill) — I rise today to speak in and private bus services to use drivers who hold a support of the Transport Legislation Amendment probationary driver’s licence, provide greater flexibility (Public Transport Safety) Bill 2011. Looking at the in the scheduling of compulsory bus safety inspections overall objectives of this particular bill, we can see it and give the director, transport safety, greater discretion basically has a three-part objective. The first of those is in determining whether or not a person is suitable to be to improve public transport safety and efficiency by accredited as a bus operator. The final part of clause 1 modifying the rail, tram and bus safety schemes; the is to make other minor amendments to the following second aspect is to reduce the regulatory burden on acts to improve their operation: firstly, the Transport transport operators; and the third aspect is to tighten (Compliance and Miscellaneous) Act 1983; secondly, government scrutiny and oversight of management of the Bus Safety Act 2009; and thirdly, the Bus Services authorised officers employed or engaged by passenger Act 1995. transport companies. We can see that this bill has clear objectives. As I said, Right from the outset you can see that we are putting it reflects the new government’s approach to governing out one of our signature attributes on this piece of in this great state of ours. As other members have legislation by improving safety and efficiency. That is commented, the previous government left a very sorry one of the things that this new government has taken tale of mismanagement in a whole range of areas but very seriously in all areas of its operation. It has taken particularly in the public transport area. I have only a up the issue of safety not only for commuters but also short time for my contribution, but I want to cite a for members of the public in general. We are also couple of examples of that. looking at the whole area of efficiency. We are keen to ensure that continuing efficiencies are found in a wide First and foremost is the whole issue of the myki range of areas, because I can assure the house that there ticketing system. The previous government spent over is plenty to be found. $1 billion with no outcome and then continued to put good money after bad, so to speak, for such a long time without addressing what is a fairly fundamental

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2990 ASSEMBLY Wednesday, 31 August 2011 contractual issue. It is absolutely a stand-out example of fact. We have increased services, and we are fixing up the mismanagement of the previous government that it the infrastructure — not only those things I have would allow that to go on. mentioned, which certainly needed to be addressed, but also other infrastructure opportunities. We are There is a whole range of other examples. I refer progressing with those and seeking to continue to particularly to one of the new train lines that was being improve the system in a range of locations and aspects developed and the fact there was a lack of power throughout the state. As another speaker mentioned, we infrastructure. How on earth could you build a new line are also dealing with the whole issue of security and and then not have the power present to be able to run safety on the rail network. Others have mentioned the vehicles on it? It is an extraordinary oversight which introduction of the protective services officers; what a reflects the sorry tale of the previous government in this terrific initiative that is. People in my electorate who state. travel on the trains from various stations to the city and so forth and then to come home have mentioned to me I look at the lack of budget allocation for signals. You what a pleasing initiative that is and that they and their would think having some signalling was a pretty basic family members will be able to travel back from the requirement and prerequisite on a new railway line, for city, particularly after hours, and know there will be the basic reasons of running it efficiently and safely, yet PSOs ready to take charge of any adverse behaviour on the previous government could not even get that right. those stations and to look after the fare-paying It is such a basic aspect of establishing a new rail line. I passengers on those services. can think of other examples. There was the lack of ballast under the tracks in the northern part of the state They are just one or two of the range of initiatives we which caused the tracks to subside. That is again a have come up with, along with this particular bill, that fundamental and basic infrastructure matter that was we will ensure we deliver to make sure that our election overlooked and never dealt with properly by the commitments are met. I strongly support this bill and previous regime. commend it to the house.

We now have to go out and clean up messes all over the Mr FOLEY (Albert Park) — I rise to make a brief place, and I am pleased to advise that that is what we contribution to the debate on the Transport Legislation are doing. This piece of legislation goes some way to Amendment (Public Transport Safety) Bill 2011. I do addressing a number of those matters. I can think of a so reiterating the opposition’s position that we do not whole range of other examples. There was the general oppose this legislation. We note that this is no doubt lack of reliability of the public transport system, necessary and not unimportant legislation, but it is particularly the train lines, under the previous regime, hardly the riveting stuff that this government promised. with the lateness and the poor-quality condition of the It is hardly the riveting, front-page material that the trains and the lack of reliability generally. As other government promised in its root-and-branch contributors on this side have noted in the debate today, reorganising of public transport. the statistics are already showing significant improvements in reliability, punctuality, cleanliness and This is a fairly pedestrian and unimpressive first all those other matters, which is pleasing. We have contribution from the Minister for Public Transport in taken it seriously right from the start. We are setting in this place. As I say, it is not unimportant, but given the place infrastructure improvements that will deal with rhetorical position of the government in the run-up to these matters that the previous regime had got used to the last election and the subsequent position it has and had not been able to consider as a problem or sought to spin out there in the broader community, this address. is hardly the stuff to write home about.

This bill is part of the fix-up measure to improve these What this public transport safety bill does is not areas, because we are not going to stand for the sort of unimportant. It aligns safety management requirements; nonsense that has gone on in this place for such a long it clarifies rail safety duties in loading and unloading time. We are determined. We will be delivering on our operations, which I am sure is very important; and it initiatives and on our promises, and we will be ensures that Victoria enters into reciprocal agreements improving the public transport system for all with other transport operators. That is riveting stuff, and Victorians. no doubt the minister has been kept up all night sweating on that important issue! What it is doing in the I turn to some of the coalition initiatives in relation to bus sector in wanting to reduce the regulatory burden is transport services. As I said, we have improved no doubt absolutely front and centre in every cabinet reliability, which is evident already and is a matter of meeting the minister attends.

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But what this bill does not do, for instance, as the would hope that would be one prospect that the speaker before me indicated, is anything about the myki Minister for Ports, the Minister for Public Transport ticketing system. What this bill and what this and his friend the Minister for Planning in the other government is all about is very little. It is not about place would take on board in their proposal to build a much at all. What we saw with the whole myki process whole new suburb in Fishermans Bend. They might try was an emerging pattern of this government across the to make sure from the start that there are opportunities board: bag it, review it, keep it. That is the modus for public transport from the day the first apartment is operandi of this government. We saw that with myki, built in that new 20 000-person high-density living we have seen it in a number of other projects and we suburb close to Melbourne, which is apparently going have seen it in so many other areas across the board. to be established by this government right on top of Webb Dock. It will be quite an interesting conundrum This bill’s approach to public transport misses the big for the Minister for Ports and the Minister for Planning picture. What this bill and this government are missing to solve. is the government’s vision when it comes to dealing with the challenges of public transport that it promised There are also opportunities for buses across my the people of Victoria it would deal with. electorate. The former government concluded a bus review. The agencies of government finalised, funded, In the last decade we have seen a massive increase in promoted and announced a whole series of bus changes the patronage and levels of use of all forms of public associated with those bus reviews in the inner south and transport in our community, across all modes and surrounding communities that were to start from the across all sectors across the state. It has particularly beginning of this year. It announced those changes well been the case in metropolitan Melbourne, and it has and truly over 12 months ago and they continued to particularly been the case in heavy rail. But it has not appear on Metlink’s website for some time. With this been exclusively there. We have seen it with buses, we new, dithering government all of that was stopped and have seen it with trams and we have seen it with the 606 bus route, for instance, which was one of the emerging forms of public transport — the emerging key proposals to link the areas of Port Melbourne community sector transport that seeks to deal with areas through to the Elsternwick transport hub, has gone of disability and aged care. nowhere. As a result the school children, the elderly and the communities that rely on that more radial link These are emerging new forms of getting people across the inner southern Melbourne metropolitan mobile and keeping them engaged in their communities suburbs were dudded by this dithering government as it for all sorts of reasons. Public transport is about serving sought to conduct another review. What was the those communities. It is about making sure we deal outcome of the review? It has now re-tendered the exact with and are positioned to deal with the challenges of a same proposals that the former government endorsed. changing community in linking those people up, whether it be for work, for school or for transportation We have seen the issue of trams completely ignored by to meet their mates; we need all sorts of things in a this government in its first budget. We have seen the large and growing city so that millions of people can Minister for Public Transport all over the construction get about in an efficient and sustainable manner. contract signed by the former government and no doubt we will see him all over the rollout of the new tram But this bill ignores all of those prospects. As I outlined infrastructure as it happens over the next couple of earlier, it deals with transport issues in a way that years. But let us remember, of course, that not one cent reflects the pedestrian priorities of this Minister for in this most recent budget went towards any of the Public Transport. This bill misses some of those additional tram rolling stock. The same goes for tram opportunities. I would like to suggest to the minister maintenance. Indeed the lack of funding for tram and the government in the context of this bill some of maintenance arrangements continues to pose significant the opportunities that the government might wish to issues for the safety of tram operators. It would well take after having clearly missed them in its first budget behove the Minister for Public Transport and this when dealing with transport. government to be serious about safety arrangements My electorate is blessed in many ways, particularly in and to look at the implications of the complete lack of respect of its relatively rich sources of public transport, funding for tram safety in the most recent budget but there are now no trains in my electorate. It did have because it will be too late once an incident happens. one once but the former Kennett government Whilst we are on the subject of trams, the inner dismantled the rail bridge that serviced Webb Dock and southern suburbs are booming. They are growing now the trains no longer run down to the dock. We rapidly in response to changing demographic and

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2992 ASSEMBLY Wednesday, 31 August 2011 business patterns. I draw the attention of the house in look at the details of the bill, so I will concentrate on particular to the arrangements we are seeing in what I think are a few of the more important things. Southbank, in the proposed new suburb the Minister for Planning wants to create in Fishermans Bend, in Part 2 of the bill deals with, as I said, amendments to Docklands and in the southern suburbs. Those the Transport Integration Act 2010. Clause 3 provides a communities are growing rapidly, and what we are mechanism for dealing with the resolution of seeing is St Kilda Road, the key transport route — conflicting decisions of the regulators. There is a which is, I am advised by the tram operators, the busiest situation where there is potential for conflict between tram route in the world — becoming increasingly the decision of the director, transport safety, and the clogged. decision of the roads authority. The bill sets in place a process through the Secretary of the Department of I call upon this government and this minister to take the Transport for dealing with those issues. If the secretary advice of community members in Southbank, is not able to deal with them because of statutory Docklands, South Melbourne and South Yarra to look difficulties, the Minister for Public Transport and at how those areas could be linked by building a Minister for Roads will be able to deal with them. 50-metre link between the Park Street tramline and the Kingsway area to the Domain. This would ensure that The third-last speaker mentioned that clause 4 deals traffic was eased on the rail system along St Kilda Road with a long-term error in terms of the maximum and at the same time would create extra opportunities permissible blood alcohol content of operators — it is for the people of Southbank, South Melbourne, reduced from 0.15 to 0.015, which is consistent with Docklands and the proposed new Fishermans Bend the national rail safety law. suburb. This would create opportunities for business, for retailers and, as I said, for the people of these Clause 5 provides a process for dealing with a communities. There is no doubt that this is a very notification of incidents involving authorised officers. It important bill. The minister has been doing his best, stems from the Ombudsman’s report of late 2010. It and we await something of substance from him — — reduces the time permitted in which to advise the department of those incidents from the current 14 days The ACTING SPEAKER (Mr Northe) — Order! down to 48 hours so the department can deal with them The member’s time has expired. in a much more timely manner. Clauses 6 and 7 also deal with matters arising from the Ombudsman’s Mr MORRIS (Mornington) — Nothing could report. amplify more the contrast between the approach of this government and that of the previous government than The bill addresses some important issues concerning the contribution we have just heard. There was the big transport safety. It is emblematic of the government’s picture, the Victorian transport plan, unfunded and no-fuss, no-nonsense, practical approach to issues that entirely undeliverable. There was also the bus review confront the state. I commend the bill to the house. that the member referred to. I am not sure what his experience was, but I gather it was a little happier than Business interrupted pursuant to standing orders. mine. The former government had the review and there were some excellent recommendations which were not ADJOURNMENT released publicly until I prised them out of the department. They were a series of recommendations The SPEAKER — Order! The question is: which were unfunded, undelivered and not even referred to by the Labor candidate at the last election. That the house now adjourns.

I would like to do something which is apparently a bit Mr McGuire — On a point of order, Speaker, I novel in this debate — that is, talk about the bill before draw your attention to sessional orders adopted by this the house. The Transport Legislation Amendment chamber requiring ministers to provide a response to (Public Transport Safety) Bill amends a series of acts. adjournment debate matters within 30 days. Part 2 amends the Transport Integration Act 2010, On 4 May I raised an important matter in this place for part 3 amends the Transport (Compliance and the attention of the Minister for Health, calling on the Miscellaneous) Act 1983, part 4 amends the Rail Safety minister to stop jeopardising a $50 million deal to build Act 2006, part 5 amends the Bus Safety Act 2009 and a clinical teaching and education precinct for the part 6 amends the Bus Services Act 1995. In a public Northern Hospital and provide required funding. As I transport sense it truly is an omnibus bill. I suspect time have not yet received a response from the minister, I is going to beat me tonight in terms of my being able to

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Wednesday, 31 August 2011 ASSEMBLY 2993 ask that you, Speaker, write to the minister and seek an Executive officer Andrew Simmons stated in a recent explanation of this delay and a response to my letter to me: adjournment matter, particularly given that it is the second time I have made this request for a response. Coordinating SWL — structured workplace learning — The SPEAKER — Order! I will write to the minister on the member’s behalf. placements to satisfy the VET requirements of intermediate and senior VCAL certificates is a major role of VCAL Victorian certificate of applied learning: coordination. This was not a ‘start-up’ activity. It is an funding ongoing and time-consuming activity that is required year in, year out for every VCAL class. Ms GRALEY (Narre Warren South) — My But Mrs Peulich insists that schools can get by without adjournment matter is for the attention of the Minister this funding. I urge the Baillieu government to take for Education and concerns the Baillieu government’s advice from people who know what they are talking decision to cut Victorian certificate of applied learning about — that is, students, staff and local learning and (VCAL) coordination funding to schools. employment networks, not Mrs Peulich. If we believe The action I seek is for the minister to immediately the government’s argument that it is only start-up reverse his decision and reinstate the $50 million cut funding that it is cutting, what about the many new from the VCAL program. Even after nine years of the schools in the other suburbs like Alkira Secondary Baillieu government — no, it is nine months; it just College? It wants to have a VCAL program, but now its feels like nine years — it never ceases to amaze me program is on hold. when I hear of the Baillieu government’s latest cruel I will finish by quoting a student in my electorate, Jade and callous cuts to education. This comes on top of cuts Shepherd, who said that without assistance from VCAL to literacy and numeracy coordinators and the end of coordinators, they would not have been able to have apprentice training schemes and the School Start bonus. such a successful program. It is ridiculous to Now the government continues to raise the stakes even think — — higher. This time there is a cut to VCAL coordination The SPEAKER — Order! The member’s time has funding. The government thinks it can fool Victorians expired. by saying that ripping out $50 million from VCAL will not impact students and by arguing that the funding was Seville Community House: funding to establish VCAL in schools. This argument is completely wrong. It is right off. Mrs FYFFE (Evelyn) — The matter I raise is for the attention of the Minister for Community Services. An important program like VCAL does not run itself. The action I seek is for the minister to confirm the The one thing we know about VCAL is that students details of and a time frame for fulfilling an election need VCAL teachers. It takes a lot of time and effort by commitment to Seville Community House for funding dedicated staff and teachers to offer and maintain a to upgrade office equipment. quality program for their students. When the shadow Minister for Education and I met with staff and students Seville Community House is an excellent small from three schools in my electorate — Narre Warren community house that was formed in 1986. It provides South P–12 College, Kambrya College and Alkira many services to not only the community of Seville but Secondary College — the local upper house Liberal also surrounding areas. The community group has a member, Inga Peulich, a member for South Eastern commitment to lifelong learning; it encourages people Metropolitan Region, shot back with a media release in the community to develop their skills and get which involved her quoting herself. The media release involved in the group’s many fascinating workshops. states: In semirural areas it is easy to suffer from loneliness Given the fact the program has been running effectively for due to the distance between neighbours and the lack of the past eight years and as a result of additional support adequate transport to regional centres. A local provided by workplace learning coordinators and local learning and employment networks, there should be no welcoming community house plays a vital role for impact on students … young mothers and other residents. At Seville Community House they also encourage older members What does the South East Local Learning and of the community to become involved. No matter how Employment Network think about the statement? old we get, we always need support networks that we

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2994 ASSEMBLY Wednesday, 31 August 2011 build through friendships. The only way friendships can even lower, and as such the pay equity case seeks to develop is by taking the first step and participating. address this issue, given the systematic undervaluation Seville Community House is a great first step towards of the work as a consequence of the feminised nature of meeting new friends. However, for the community the workforce. That gender has been a factor in this house to function efficiently to provide the services, to undervaluation of the work has been acknowledged by control the programs and to provide the lecturers and the full bench of Fair Work Australia. The provision of timetables that are needed it needs to have reliable disability services is vital to our community, and the office equipment that functions properly and is sector needs to attract and retain qualified and skilled compatible with the software that more modern systems employees in order to maintain a quality service for the use. disabled people they support. Whatever wage increases are decided in the pay equity case will become the Seville Community House is a converted house minimum rates of pay and will be mandatory for attached to the Seville Primary School, another employers to pay. Unless the necessary level of funding excellent school in my electorate. The neighbourhood from the Liberal-Nationals government is also house also looks after children during preschool provided, there can only be cuts to jobs and services. activities and mothers groups. The things they are Victorian disability sector workers are worth as much asking for are modest. They need a desktop computer, a as those in other states and deserve to be funded as small TV/DVD player, a combined printer/fax/scanner, such. The level of support provided to disabled people lockable filing cabinets, storage cabinets and a software in the community should not be cut by this upgrade, as I mentioned before, so they can run the government’s lack of commitment to fund the outcome programs that are provided to community houses to of the pay equity case. produce their brochures and leaflets more easily. They would also like to be able to afford tables and stackable Windarring workers are no exception. Windarring was chairs. I urge the minister to look at the process of set up in 1999 in a house in Forest Street, Castlemaine. getting the funding to the Seville Community House as It was envisaged that the maximum number of soon as possible so that this fantastic community house participants would be 25. There are now 32, and the can continue to provide the services it has been demand is increasing. Windarring currently has providing for so long. 12 disability workers, 10 female and 2 male. They have qualifications ranging from higher university degrees to Community sector: wages disability carer certificates. Each and every one of them deserves to be paid according to the work they do, Ms EDWARDS (Bendigo West) — The matter I which is demanding, stressful and emotive. Each one of raise is for the Minister for Community Services, and them stays in their position because they love their the action I seek is for the minister to meet with work and care very much about the people with whom disability sector workers at Windarring disability they work. If the minister cares at all about workers in services at Castlemaine as a matter of urgency. Last the disability sector and all those they care for, she must week I met with members of the disability sector at agree to meet with them and address their pay equity Windarring to discuss their concerns regarding the pay case. equity case. Prior to last year’s election the Liberals and Nationals in opposition announced, on 24 November Water: Sunraysia modernisation project 2010, that they would fully fund the outcome of the pay equity case. However, the now Minister for Community Mr CRISP (Mildura) — I raise a matter for the Services, who made the promise, has broken this Minister for Water. The action I seek is for the Minister promise and a cap of $50 million per year has been put for Water to work with the community to prepare a on the funding. The vast majority of funding in the business case for the Sunraysia modernisation project. disability sector comes from the state government, so The irrigation infrastructure in the Sunraysia region the minister cannot brush this off as a federal dates back 100 years. Although some improvements government responsibility, particularly as the federal have been made over the years, the distribution system government has made a commitment to fund any does not match the on-farm improvements that have outcome decided by Fair Work Australia. occurred. Modern irrigation horticulture in the Sunraysia region requires high-technology systems, Currently wages in the sector are very low, and the including those supplying water to crops. The flood rates of pay do not reflect the skills, qualifications and irrigation technology has moved from utilising gravity professional responsibility of those who work in to drip and sprinkler systems. Modern on-farm disability services. The social, community, home care irrigation systems are used to deliver not only water but and disability services industry award rates of pay are

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Wednesday, 31 August 2011 ASSEMBLY 2995 also nutrition for the plants and temperature control to jealous of the people with whom this lady socialised. lower the risk of frost and heat damage. On one such occasion this gentleman stated that he was going to prison for two years and that she now owes Sophisticated systems require high-quality water him two years and he will come and take back the time delivery to the farm gate that is free of rubbish, which is once he is released. Obviously that type of behaviour a feature of the open channel delivery systems, as by the former partner is very concerning. filtering water is costly in both water and energy. The original flood irrigation technology was based on a The minister has copies of the correspondence and the rotating roster system for watering crops. Modern supporting letters from the local police and local on-farm systems match water delivery to the water use charitable organisations and service providers, and I ask of the crop. This type of production system requires that the minister at least acknowledge the water on demand, something the existing distribution correspondence she has received to date. This lady is system struggles to deliver. The Sunraysia horticultural under real threat. I understand the constituent’s former industry has been restructuring for as long as many can partner is serving time for numerous offences including remember, and as each new crop comes with different breaking intervention orders, threatening to kill my demands for irrigation supply to the farm gate, it has constituent and fraud. I have real fears for my become typically 24-hour, 7-day-a-week availability. constituent’s welfare and that of her young children. From what I understand, the gentleman came up for The Sunraysia modernisation project is vital for consideration for parole in July, and obviously the Sunraysia’s future, and I urge the minister to find a way mother and her children are very concerned that if they to ensure that this project goes ahead. The criteria set by have not moved from the house where they used to live the commonwealth for the project under the original together, he will come over and perpetrate terrible guidelines have been impossible to meet. In simple violence against the family. terms, the old channels do not leak enough to make investing in improving the water infrastructure viable I ask that the minister, firstly, at least acknowledge the for the federal government. Clearly a different approach correspondence which has gone to her office; and is required for the Sunraysia modernisation project to secondly, ensure that this family is moved from this be delivered. I seek the minister’s assistance in public housing into other public housing preparing a wider business case for the Sunraysia accommodation immediately. modernisation project. Small business: environmental initiatives Housing: Narre Warren North electorate constituent Mr SOUTHWICK (Caulfield) — The matter I wish to raise is for the attention of the Minister for Mr DONNELLAN (Narre Warren North) — I wish Innovation and Small Business. The action I seek is for to raise a matter today for the Minister for Housing. the minister to investigate with her department The matter pertains to a constituent of mine, who I will opportunities for small businesses in my electorate to not name, who resides in public housing in my engage in programs designed to reduce both the costs electorate. She needs to be moved from her current and environmental impacts of doing business. While address due to safety concerns. These safety concerns small business undoubtedly wants to do more to help are due to the imminent release of the constituent’s the environment, it can be difficult to know where to former partner from prison as well as actions by begin. There is no question that the best place to start is neighbours against the constituent and her young to look at innovation and sustainability that also family. I faxed a letter to the minister on 8 August, positively impacts on the bottom line. copied to Peter Buxton, the housing services manager at the Dandenong housing office, in relation to this matter. I know that just keeping a business afloat can be a difficult and worrying task, and I congratulate those My concern in relation to not having this person moved many entrepreneurs who go the extra mile and do what quickly enough specifically relates to a letter I have they can to reduce their environmental impact. Being received from the local police. It is from a detective able to contribute to our long-term environmental future senior constable. He indicates that he has become aware while also strengthening our vital small business sector that the gentleman regularly attended this lady’s house is an important and noble goal. While many small and would quite often become physically and verbally businesses may not know it is possible to cut emissions abusive towards her. Further, this gentleman drove past costs at the same time, it is here that government can this lady’s house on a regular basis to see who was at play a strong role in providing education on how these her house because he was extremely possessive and businesses can act.

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2996 ASSEMBLY Wednesday, 31 August 2011

I am aware that there are some programs supported by work extremely hard to fulfil the organisation’s the government that have provided training and mission, which is to work in partnership with other mentoring, and I can see the great work that has been community organisations, cultural associations and done in the past. I am also aware that VECCI (Victorian members to actively promote multiculturalism, cultural Employers Chamber of Commerce and Industry) has diversity and the wellbeing of all migrant communities been involved in running workshops that can help throughout the region. This is a worthy mission, and businesses improve their sustainability and bottom line. BRMC is committed to it. Some of the programs offered are the multicultural tucker program, friendly While this may not be the only solution, I would be visiting service, community partners program, English keen for the department to look at trialling programs to classes, workplace communication classes and an work with local councils to assist small businesses. I interfaith network. would also be happy to offer both of my local councils, the City of Port Phillip and the City of Glen Eira, to BRMC is also committed to developing culturally conduct potential trial programs. sensitive programs that focus on the retention of cultural heritage. It is the peak multicultural agency for There are a number of examples including cafes, the Central Highlands-Grampians region and includes printers and retailers that have made small but effective 17 cultural associations and groups. I understand that changes which benefit both the planet and their profits. BRMC has also recently applied for funding from the The bustling shopping strips of Elsternwick, East Unity Through Partnerships program, and I could not St Kilda, Caulfield and other locations in my electorate think of a more worthy organisation to receive this contain many great small businesses that could be funding. This organisation would use this funding in a engaged with through these programs. way that would benefit all of Ballarat. This funding would provide for a great event in a great regional city, The issue of business engagement with the aim of a regional city with a great record of embracing improving the environment highlights the fundamental diversity. and philosophical differences between the coalition and the Labor Party, specifically the federal Labor It is a natural fit that BRMC would apply for this government. While programs such as those that I have funding, because the Unity Through Partnerships discussed encourage innovation and provide businesses program serves to encourage the participation of the with incentives to go green, the federal government’s whole community in celebrating and valuing cultural great big new tax on everything is a job-killing, diversity and fostering cross-cultural exchanges and top-down, bureaucratic money churn that the Prime collaboration, which very much reflects the mission of Minister promised she would never introduce. BRMC. As I have said, BRMC is a great local agency, and I appeal to the minister to show his support for this Improving the environment is a goal that all Victorians, regional agency in strengthening a regional community. including all Victorian small businesses, share; however, these uncertain economic times make it I would like to remind the minister that we were both at difficult for businesses that do not know where to start. the National Indian Day where I was speaking as a I ask the minister to investigate with her department the representative of the opposition, which I think is a great potential to trial such programs to assist both small indication of bipartisan support for multiculturalism. I businesses and the environment. remember saying that night that I would very firmly fly the regional flag for cultural diversity and Ballarat Regional Multicultural Council: multiculturalism, and so it is in that spirit that I appeal funding to the minister to consider this funding. Ms KNIGHT (Ballarat West) — I wish to raise a Wangaratta Festival of Jazz and Blues: funding matter for the attention of the Minister for Multicultural Affairs and Citizenship. The action I seek is for the Mr McCURDY (Murray Valley) — I raise a matter minister to show his support for the Ballarat Regional for the attention of the Minister for Tourism and Major Multicultural Council (BRMC) and to consider Events. The action I seek is funding for the Wangaratta favourably its funding application. I am pleased to see Festival of Jazz and Blues, which incorporates the that the minister is in the chamber tonight. National Jazz Awards. Funding is needed to assist with the staging and marketing of this iconic event which is BRMC is a terrific organisation that does a lot of held annually over the Melbourne Cup long weekend. wonderful work for the entire community of Ballarat and the surrounding area. The staff and committee

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Recognised as Australia’s premier jazz festival, the visitors. I look forward to welcoming thousands of Wangaratta Festival of Jazz and Blues celebrated its visitors to Wangaratta for this great festival in October, 21st birthday in 2010. The festival was conceived in and I seek the minister’s support. 1989 as the dream of a group of local business people who wanted to establish a significant event for Planning: city of Wyndham Wangaratta and the region, an event that would be unique and attract many tourists to the area. Launched Mr PALLAS (Tarneit) — The matter I wish to raise in 1990 it was immediately hailed by critics, musicians is for the Minister for Planning, and the action I seek is and fans as the best jazz festival in Australia, a that the minister urgently undertake and subsequently reputation that has been confirmed and enhanced every release an open space inventory for metropolitan year since the inaugural festival. Now one of Victoria’s Melbourne that takes into consideration the needs of the hallmark events and a member of the Victorian community and local councils, particularly those in Tourism Awards Hall of Fame, the festival showcases growth areas such as the city of Wyndham. all jazz styles, with an emphasis on modern and The city of Wyndham, within my electorate, has the contemporary jazz. fastest growth rate in Victoria at 8.8 per cent, adding on It is estimated that the festival contributes around an annual basis a population equivalent to that of the $20 million to the local economy each year and attracts city of Benalla, or 12 600 people per year. This growth around 35 000 people. It is supported by a volunteer obliges all levels of government to make clear plans workforce of around 500 people, which is a and allowance for the development of communities magnificent effort by the people of Wangaratta and with adequate infrastructure and amenity. In this regard, district. a recent report by the Victorian Environmental Assessment Council (VEAC) is a cause for concern Unfortunately numbers attending last year’s festival insofar as it found that Wyndham has the second-lowest were down because most people around Australia proportion of open space of any municipality in the thought Wangaratta was totally under water due to state. flooding. The loss of Transport Accident Commission funding and sponsorship also hit the hardworking Within the urban growth boundary, open space such as volunteer group. A new committee has been established city squares, small neighbourhood parks, sporting fields under the chairmanship of Paul Carrick and is and large national and state parks accounts for only committed to continuing to present a cutting-edge 5.1 per cent of Wyndham’s land area. According to the festival offering a variety of the finest jazz and blues VEAC report, without the retention and creation of music from Australia and overseas under the guidance open space on both public land and local council land, of long-time artistic director Adrian Jackson. Events are public open space per capita will decrease over time. In held across the city, including at the performing arts order to combat this dwindling amount of public open centre, Holy Trinity Cathedral, hotels, a blues marquee space, the report recommends that the government and at nearby vineyards. Reid Street is closed for the prepare a metropolitan open space policy and strategy free program of events, which is an integral part of the that provides a long-term plan for public open space program and much loved by the people. and that it maintain an open space inventory to keep track of that open space. The core of the program each year is the National Jazz Awards, which feature a different instrument each year. I note that a spokesman for the minister was reported in Australia’s most prestigious jazz competition, the the Wyndham Weekly of 17 August as having said: National Jazz Awards, are designed to provide … the VEAC report would be one of several that would encouragement and exposure to young musicians up to contribute to the metropolitan planning strategy to be released 35 years of age. The awards have boosted the careers of in early 2013. pianists, saxophonists, guitarists, singers, drummers and trumpeters over the past 21 years. This year the featured Whilst I am heartened to hear that the Minister for instrument will be drums. The 10 award finalists will be Planning is developing a metropolitan planning given the opportunity to perform with high-level strategy, I am concerned that it will not be released accompanists at the festival. until 2013. Public open space is only going to further decrease by 2013 in growth areas like Wyndham, Regional festivals are an important part of the culture of where development is accelerating, unless the country Victoria, and the Wangaratta Festival of Jazz government acts now. and Blues attracts people from many parts of Australia, people from throughout the region and international

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2998 ASSEMBLY Wednesday, 31 August 2011

Communities in growth areas require the minister to act Edithvale Road is the continuation of Springvale Road with urgency to develop an open space inventory as and is an extremely busy road carrying thousands of recommended by the VEAC report to ensure that public cars every day — far more than was envisaged when it open space is not further diminished between now and was originally built. Although there is a crossing the release of the strategy in 2013. The development of supervisor and a speed limit of 40 kilometres an hour any strategy must of course take into consideration the during school pick-up and drop-off times, it is of course needs of the community and local councils. unsupervised at all other times and a speed limit of Communities need parks, city squares and sporting 60 kilometres an hour applies. grounds. The health of our community and our quality of life depend upon access to public open space where Edithvale Primary School has an after-school care people can come together and enjoy the outdoors. program that runs until 6.00 p.m. every weeknight, and the school regularly hosts evening events. Edithvale In its recent recognition of Melbourne as the world’s Road is extremely dangerous for pedestrians to cross, most livable city, the Economist Intelligence Unit particularly with poor visibility at night. Installing highlighted open space as an important contributor to traffic lights would make crossing this busy road safer Melbourne’s livability. and reduce the chances of a similar or even worse traffic incident occurring. I call on the minister to In the Age newspaper of 8 August 2011, VEAC consider this proposal for inclusion in the VicRoads member Mr Ian Harris said: pedestrian crossing program. There is a lot of research now around the world linking open space to community health, to child development … Responses How public open space is identified, functionally Ms ASHER (Minister for Innovation, Services and allocated and priced and how the cost of such is divided Small Business) — The member for Caulfield raised is critical to the planning of the new suburbs on our with me a very important issue about government urban fringe, to our city’s future and to our assistance for small business in relation to cutting costs community’s wellbeing. for electricity use and other environmental matters. As members of this chamber would be aware, the member Edithvale Primary School: pedestrian crossing for Caulfield has a very strong record in small business and entrepreneurship; therefore it comes as no surprise Mrs BAUER (Carrum) — I wish to raise a matter that he would ask a practical question such as this in for the attention of the Minister for Roads, and the terms of what the government is actually doing. action I seek is that the minister include in the VicRoads pedestrian crossing program a proposal for The adjournment debate is not a time when I wish to the installation of traffic lights on Edithvale Road take up the observation from the honourable member outside Edithvale Primary School. for Caulfield in relation to the carbon tax, which was that this is not the time for the federal government to be At about 7.40 p.m. on 17 June a grandfather and his imposing an additional tax. However, given that this grandson were knocked down by a car as they would appear to be the actuality, my department will attempted to cross this very busy road to attend an try to assist small businesses in whatever way it can to evening function at the school. The gentleman reduce their electricity usage, bearing in mind that for sustained serious head injuries and the boy a broken many businesses it is non-discretionary. leg, but fortunately there was no fatality. Many students and parents were witness to this shocking incident. The The Australian Industry Group has also raised this as a principal of Edithvale Primary School, Denise Webster, key issue, and the Victorian Employers Chamber of and the school community have been crying out for Commerce and Industry has in the past been involved traffic lights for years, and this latest incident is exactly in programs to encourage businesses to reduce their what they were afraid was going to happen. electricity use not only to be environmentally sensitive but also, importantly, to cut their costs. Many local residents have written to the local newspaper, the Mordialloc Chelsea Leader, requesting Small Business Victoria is delivering regular 2-hour that something be done. One local resident, who is also seminars, and the name of these seminars is Green a retired crossing supervisor, voiced his concerns in a Your Business, Grow Your Business. They are usually letter to the local paper. He said that he has been hosted by local councils. They concentrate on reduction ‘horrified to see the excessive speed of some vehicles in of energy use, energy efficiency, waste reduction and a Edithvale Road’. whole range of matters in this domain, all of which

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Wednesday, 31 August 2011 ASSEMBLY 2999 should assist businesses to cut costs and to be demonstrated an ability to attract very strong visitation environmentally friendly. There are three accredited and, as a consequence, significant economic impact in facilitators who have taken on this task, and the his area. It is expected that this year’s festival will member for Caulfield asked me whether there is attract 30 000 visitors. I commend the member on his anything available in his area. I can indicate that work, and I wish the festival every success this year. 10 seminars have been conducted so far, and 4 are scheduled for next three months, including in the Mr MULDER (Minister for Roads) — The member Nillumbik, Hobsons Bay, Baw Baw and Campaspe for Carrum raised with me the need for traffic lights on municipalities. I am delighted to inform the member for Edithvale Road. There is a primary school at that Caulfield that I will arrange for seminars to be held, location, and the Minister for Innovation, Services and should his local government authorities agree, in the Small Business has just indicated that it was her cities of Port Phillip and Glen Eira. primary school. The member for Carrum is concerned as to the safety of not only schoolchildren but also other I turn now to the member for Murray Valley, who has pedestrians who use that location. The member asked me a very important question about funding for indicated to me that after-hours school programs take the Wangaratta Festival of Jazz and Blues. I remember place at that location and that once the crossing times clearly the member for Murray Valley ringing my have passed there is no level of protection there. I office in February, when there were some funding understand the concerns the member for Carrum has for uncertainties in relation to this festival. He was quoted her constituents, particularly those who use the in his local press at the time indicating that he was very Edithvale Road area around the Edithvale Primary concerned, wished to help the festival of jazz and School. saying that he was going to be working with Louise Asher’s office to try to get a result on this. I can inform An issue that has come to light — an issue that the his constituents that he has been true to his word. government is very concerned about — is that the number of pedestrian fatalities has risen in recent times. The coalition government, through the tourism There has been an increase somewhere in the order of portfolio, has allocated $42 500 from Victoria’s events 40 per cent, which is of grave concern. We have not program to support the 2011 event, which, as the had a chance to analyse the reasons behind that, but the member said, will be held from 28 October to coalition government has responded to a number of 31 October — on the eve of the Melbourne Cup. Even requests and concerns from members who have asked more significantly, I am happy to advise the member for upgrades in their electorates in relation to pedestrian for Murray Valley that due to his working very strongly safety. Prior to the election we gave a series of with the Premier’s office, the Wangaratta festival of commitments about different locations throughout the jazz will also receive $109 500 in funding from Arts road network to attempt to improve pedestrian safety Victoria. because we have a concern about this unusual trend of an increase in pedestrian fatalities, which is something This is a very important cause, and he is an excellent we have not seen before. local member. He took up this cause earlier in the year when there were significant funding difficulties. He has The member for Carrum also indicated to me that a lobbied the Premier and me strongly and delivered an crossing supervisor has raised issues in relation to outcome for his community. That is of course what excessive speed in the area. Edithvale Road is a being a good local member is all about — delivering continuation of Springvale Road; it is a very busy road. results. This festival — and I attended it a number of I can understand that the member for Carrum is years ago — is an iconic event in his electorate. The concerned for the people in her electorate, particularly funding from Tourism Victoria will assist with tourism when dealing with issues in relation to young children marketing. The idea is to attract increased visitation and and mums who are collecting children from school in raise awareness at a national level of the vibrant cultural the afternoon. There is an issue with programs that run scene in Wangaratta. Marketing will include radio after school hours and coincide with very heavy traffic advertising and print advertising in a range of daily volumes. newspapers with which we are all familiar and in a range of specialist magazines. There will also be some On behalf of the member for Carrum I will take up this television advertising on Prime television as part of this matter with VicRoads to see whether or not we can get package. this particular crossing picked up under the VicRoads pedestrian crossing program. The member for Carrum This event is very important to the member for Murray has done an enormous amount of work. She has lobbied Valley’s electorate. The jazz festival has consistently me and had a number of discussions with me in relation

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3000 ASSEMBLY Wednesday, 31 August 2011 to this particular crossing, and she has homed in on traditional undervaluing of community sector work, like what is an emerging issue — that is, pedestrian safety. enterprise bargaining and the role of funding for the We have a significant issue in relation to an increase in sector. pedestrian deaths, and we want to make sure that as a government we can deal with this situation. I commend Our position has been very clear. I am pleased that in the member for Carrum for raising this matter and also the lead-up to the state election we committed for the level of activity she has shown in her electorate $200 million in relation to the pay equity case. This was in making sure that she can offer the greatest level of costed and articulated in our election policies, and in protection, particularly for people who use this the 2011–12 budget we funded that commitment. The particular location. I will follow it up on her behalf. $200 million figure was based on numbers developed by the former Premier when he announced the then Ms WOOLDRIDGE (Minister for Community government’s commitment of $50 million per annum in Services) — It gives me pleasure to respond to the relation to the pay equity case. The coalition matched member for Evelyn, who is a fantastic advocate for her that commitment at the time. That is the basis of the local community, about the Seville Community House. numbers. As she outlined in her adjournment matter, the Seville Community House does great work across a whole In contrast to the position of the Victorian government, range of areas and is a very important asset for the no other government in Australia has made any firm or community. It offers a range of programs, including specific financial commitment towards the outcome of playgroups and classes in health and fitness, art and this important case. Only Western Australia in recent craft, cooking and IT, and is a valued and integral part times has indicated it will allocate specific funding to of the community. support pay rises for community sector workers, but that allocation is part of a broader community sector During the election campaign the member for Evelyn initiative. The Victorian government has a firm, was in a position to make a commitment of $30 000 for budgeted commitment of $200 million in relation to desperately needed office equipment — things ranging this, but no other state — and certainly not the federal from a computer and software package, a small TV, a Labor government — has put any dollars on the table in DVD player and lockable filing cabinets to tables and relation to this. That puts Victoria in a positive position stackable chairs — including some really basic and in that we have budgeted for and committed to some of fundamental items necessary for neighbourhood houses the financial consequences of this important case. to be able to do what they need to do. I am pleased to inform the member that we have been working very I would like the member for Bendigo West to take back actively to make this funding available for the Seville to her electorate the message that the Victorian Community House. Normally it would be an initial government has a clear position, which it has 90 per cent payment and then 10 per cent on articulated repeatedly, in relation to its commitment to completion of the activity. However, I am pleased that this case. It is also important that she articulate the we have been able to negotiate a process where it will opposition’s policy in relation to this matter, because in be a 100 per cent payment up-front, which will give the fact it has no policy. There is not one policy community the confidence and the cash flow to go commitment or articulation of the opposition’s policy in ahead with purchasing the equipment they need. The relation to this case. Labor members are now saying payment will be completed over the next month. This is they are concerned about the pay levels of the a very positive outcome as a result of the great community sector workforce, but for the 11 years advocacy of the member for Evelyn for the Seville Labor was in government they did nothing about it. Community House and for the broader community. Labor did not put one dollar in its pre-budget update or its election policy commitment, in contrast to the I also take the opportunity to respond to the member for coalition. I think it is important for the member for Bendigo West, who raised the matter of the pay equity Bendigo West to tell the truth to the disability workers case and asked that assurances be given to disability among her constituents — that is, that this government workers in her electorate in relation to the position of has put money on the table and that the Labor the Victorian government. I am pleased that the opposition does not have a policy in relation to this Victorian government, through multiple submissions issue. She should tell them that there was not one dollar and everything it has said, has confirmed that gender for this in Labor’s budget or its election commitment. plays a role in the undervaluation of community sector work. Like the commonwealth government, the There is quite a contrast between the two parties. The Victorian government believes gender sits alongside a Victorian government has a clear position, which it will range of factors that also help to account for the continue to articulate. This is an important case for

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Wednesday, 31 August 2011 ASSEMBLY 3001 women across the state and for community sector not being used, there are some significant opportunities workers. The Victorian government is taking a there for regional development, particularly in the leadership position, in contrast to every other Merbein area, where there is the opportunity for new government around the country and in contrast to what farmers to come in and redevelop if the irrigation it sees from those opposite. infrastructure is there to assist them to do it. Finally, there is also the opportunity in this business case to Mr WALSH (Minister for Water) — I will respond potentially look at some industry structural adjustment to the member for Mildura who raised the matter of the issues, particularly in Merbein but also across the wider Sunraysia modernisation project. For everyone’s Sunraysia area. All together the business case focuses benefit, the Sunraysia modernisation project was a on structural adjustment, regional development and $103 million project announced by the then Premier, some modest water savings so that we can actually get John Brumby, and the then federal Minister for Climate that $103 million invested in the modernisation of the Change and Water, Penny Wong, in 2008. It was a Sunraysia irrigation system. political commitment at the time between those two particular people, and at this stage it has not been Mr KOTSIRAS (Minister for Multicultural Affairs achieved. In some ways it has almost been an empty and Citizenship) — The member for Ballarat West promise because 2008 was a long time ago. There was raised a matter in relation to funding for the Ballarat a major event. It was something the previous Regional Multicultural Council. I know that the government was very good at — having a major press member is a very strong supporter of BRMC, and I conference, a big hoo-ha, a big announcement and then support her in that stance because BRMC has done a nothing ever happened after it. That is very much the wonderful job over the years in meeting the needs of case with the Sunraysia modernisation project. There Victorians living in that region. It has met individual was a promise in 2008 but nothing has happened since needs and it has promoted the advantages of living in a then. multicultural society. One of its aims is to unite people, and that is one of the aims I have tried to push — to Earlier this year the business case for that particular bring communities together to make sure that everyone project went forward to Canberra and failed due understands, appreciates and respects each other. diligence because, as we all knew at the time, the promises that were made about the water savings that For that reason when I received a letter from BRMC on could be achieved were never ever going to be able to 17 August requesting some assistance I referred it to the achieved in that particular project. I have had extensive Victorian Multicultural Commission (VMC) for discussions with Tony Burke, the federal Minister for consideration. In the letter BRMC said that it had Sustainability, Environment, Water, Population and approached Multicultural Arts Victoria but was advised Communities, about what happens to that money now that there was no money available and could I perhaps that that project has failed due diligence. I have a look at providing some money for an event which commitment from him that that $103 million is still on brought together various groups. I referred this letter to the table for the Sunraysia project if Victoria can the VMC to be judged on its merits. It has done so, and develop a business case that can justify that money I am pleased to advise the member tonight that the being invested in that area. VMC has agreed to provide $2000 toward the festival. It would be good if the member could advise the I have written to the Sunraysia Development organisation of those funds. VMC will write to BRMC, Corporation asking it to work with the other but I also ask the member to advise BRMC that it will stakeholders in Sunraysia to assist us in developing a receive $2000 for the festival to continue the good work business case to get that money invested in the that it has been doing over many years. Sunraysia modernisation project. Instead of this being a business case that is focused just on water savings, The member for Tarneit raised a matter for the attention which we all knew would never ever pass due diligence of the Minister for Planning, and the action he sought with the commonwealth because the water savings are was for the minister to undertake and release an open not there to meet its criteria, it will focus on three space inventory for metropolitan Melbourne that takes things. into consideration the needs of the community and local councils. I will refer that matter to the Minister for The first is water savings, modest as they may be. The Planning for his direct response. second is a focus on a regional development point of view. With the issues in Sunraysia relating to the The member for Narre Warren North raised a matter for number of people who have sold water over time and the Minister for Housing, and the action he sought was the number of blocks that have been dried off and are for the minister to intervene and help a constituent

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3002 ASSEMBLY Wednesday, 31 August 2011 move from her current public housing to another location due to safety concerns. I will refer that matter to the minister for his direct response.

Finally, the member for Narre Warren South raised a matter for the attention of the Minister for Education, and the action she sought was for the minister to reinstate the Victorian certificate of applied learning coordination funding. I will refer that to the minister for his direct response.

House adjourned 10.51 p.m.

NOTICES OF MOTION

Thursday, 1 September 2011 ASSEMBLY 3003

Thursday, 1 September 2011 Honourable members interjecting.

The SPEAKER (Hon. Ken Smith) took the chair at The SPEAKER — Order! The member for Kilsyth 9.33 a.m. and read the prayer. is on a warning early in the day. Points of order will be heard in silence.

NOTICES OF MOTION Mr Hulls — Thank you for your protection, Speaker. On a point of order, Speaker, in relation to the Mr NEWTON-BROWN giving notice of motion: last comment and the last ruling that you made. I failed to fully hear it, but I think you said that you will review Ms Allan — On a point of order, Speaker, it is the notice of motion that has been given by the member difficult to see at this stage how the form in which the for Prahran. On that basis, Speaker, it ought to be ruled member for Prahran is presenting his notice of motion out of order until such review takes place. is within the standing orders. He is yet to indicate what he is seeking to have placed on the notice paper. The SPEAKER — Order! The clerks and I will Reading a statement from another member does not review it on completion. seem to fit the forms of this house for notices of motion, and I ask that you have the member word his Mr NEWTON-BROWN having continued to give notice in the correct format. notice of motion:

The SPEAKER — Order! I am listening to what is Ms Campbell — On a further point of order, being said. I do consider what is being said to be in the Speaker, I refer you to rulings from the Chair from right format. Speakers Maddigan and Lindell, which say that:

Mr NEWTON-BROWN having continued to give With the exception of procedural motions, motions setting up a committee or motions of a special nature, notices should be notice of motion: no longer than 250 words. Mr Hulls — On a point of order, Speaker, in Then there are two further Speakers’ rulings. Could I relation to the usual forms of the house. I ask whether ask you, Speaker, to reflect on this now, so that this this type of notice has been approved and indeed sets a notice of motion, which is longer than 250 words, can precedent for future notices that could be given by any be ruled on accordingly? member of this house in such an inappropriate form. I am sure you will agree, Speaker, that this does not The SPEAKER — Order! I do not uphold the point follow the normal forms of the house. of order raised by the member for Pascoe Vale. I said that the clerks and I will review this on completion The SPEAKER — Order! I am going to allow the member for Prahran to complete the notice of motion, Mr NEWTON-BROWN having continued to give but it will be reviewed at the end. notice of motion:

Mr NEWTON-BROWN having continued to give Ms Allan — On a further point of order, notice of motion: Speaker — —

Ms Campbell — On a further point of order, Honourable members interjecting. Speaker — — The SPEAKER — Order! The member for Mr Hulls — On a point of order — — Richmond is on a warning. Points of order are heard in silence. The SPEAKER — Order! The member for Pascoe Vale on a point of order. Ms Allan — On a further point of order, Speaker, the notice of motion given by the member for Honourable members interjecting. Prahran — and the opposition has been listening very carefully to it — appears to offend Speakers’ rulings on The SPEAKER — Order! The member for Pascoe two counts. The first is that on page 128 of the current Vale was on her feet first. edition of Rulings from the Chair it states that notices Ms Campbell — I think we stood at exactly the of motion are ‘not an opportunity to make a statement’. same time, and I defer to the Deputy Leader of the It is clear that the member is making a statement, not Opposition. moving a notice of motion. Secondly, the rulings state:

BUSINESS OF THE HOUSE

3004 ASSEMBLY Thursday, 1 September 2011

A notice of motion should not include supporting evidence BUSINESS OF THE HOUSE such as extensive quotes. The entirety of the member for Prahran’s notice of Notices of motion: removal motion this morning has been a quote from another The SPEAKER — Order! I advise the house that member in this place. It is entirely out of order and under standing order 144 notices of motion 1 to 13 should be ruled immediately out of order. This joke that inclusive will be removed from the notice paper on the he is making of the notices of motion should cease next sitting day unless members wishing to have their immediately. notice remain advise the Clerk in writing before Honourable members interjecting. 2.00 p.m. today.

The SPEAKER — Order! The member for Caulfield! As the clerks and I review this notice of PETITIONS motion we will be looking at the number of words and Following petitions presented to house: the quotes as part of the review that will take place. Ballarat base hospital: helipad Mr NEWTON-BROWN having continued to give notice of motion: To the Legislative Assembly of Victoria: Mr Hulls — On a point of order, Speaker, while I The petition of residents of the Ballarat region draws to the accept your ruling, and it is totally appropriate that this attention of the house the need for a helipad in Ballarat’s medical precinct and the need to improve availability of car matter be reviewed — — parking at the Ballarat base and St John of God hospitals.

Honourable members interjecting. The petitioners therefore request that the Legislative Assembly of Victoria call on the Baillieu government to The SPEAKER — Order! The member for Ferntree immediately provide funding for the construction of a Gully is on a warning. multistorey car park with a helipad located on the top of the car park. Mr Hulls — Rather than giving the member the By Ms KNIGHT (Ballarat West) (613 signatures). benefit of continuing this garbage, I would have thought it would be best to review the matter prior to Tarnagulla: speed limits his continuing. To the Legislative Assembly of Victoria: The SPEAKER — Order! I will be reviewing the matter with the clerks when the member for Prahran The petition of the residents and community of Tarnagulla and district draws to the attention of the house the proposal to has concluded. I have said that now on four occasions; I change the speed zone in Commercial Road and Wimmera am not going to repeat it. Highway, Tarnagulla, from the current 60 kilometres an hour to 50 kilometres an hour. Mr NEWTON-BROWN having continued to give notice of motion: The Tarnagulla community via the Neighbourhood Watch have made a proposal to VicRoads to change the speed limit Honourable members interjecting. due to community safety concerns. VicRoads have stated that the change is not in line with their current guidelines. We propose that, at a minimum, the 50-kilometre speed zone The SPEAKER — Order! It must be Thursday, should apply in Commercial Road, Tarnagulla. because this happens every Thursday morning — even when the house is not sitting — — The petitioners therefore request that the Legislative Assembly of Victoria request VicRoads to ‘review or alter its An honourable member interjected. decision on the change to the speed limit in Tarnagulla’. By Ms EDWARDS (Bendigo West) (165 signatures). The SPEAKER — Order! Every day. Could members of the house calm themselves a little, Children: Take a Break program including the member for Macedon, who is interjecting while I am on my feet. Let us just settle down. That To the Legislative Assembly of Victoria: notice of motion has been given. I am now going to call the member for Yan Yean. The petition of certain citizens of the state of Victoria draws to the attention of the Legislative Assembly that funding for the Take a Break occasional child-care program, which is Further notices of motion given. provided at more than 220 neighbourhood houses and

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community centres across Victoria, will cease after risk of children developing gambling problems as they grow 31 December 2011. older.

The cessation of Take a Break funding removes a subsidy that As the initiator of this petition, my name is Sarah Adamson. I currently enables parents, guardians and carers to participate can be contacted at 25 Reid Street, Northcote, Victoria, 3070, in activities, including employment, study, skills development and on 0413 543 101, for further information in relation to and volunteering, while their children socialise in a quality this matter. early learning environment. The subsidy is essential for the viability of occasional child-care services, particularly in rural By Ms RICHARDSON (Northcote) and/or disadvantaged communities. (104 signatures). Full funding for the program was provided by the previous state Labor government in 2010–11, but will not be continued Schools: Coburg by the Baillieu government beyond December 2011. The removal of the subsidy will mean that families across Victoria To the Legislative Assembly of Victoria: will be unable to access affordable, local, community-based occasional child care to undertake tasks that benefit the The petition of the residents of Coburg and surrounding family, community and local economies. suburbs in Victoria draws to the attention of the house the need to provide a high school in Coburg to cater for all The petitioners therefore request that the Baillieu government secondary students including year 7 to year 9. allocate funding to subsidise community-based occasional child care in Victoria to ensure the continued delivery of this The petitioners therefore request that the Legislative vital service beyond December 2011. Assembly of Victoria: acknowledge the findings of the August 2010 Spatial By Ms GARRETT (Brunswick) (27 signatures). Vision report for the Department of Education and Early Childhood Development, Secondary School Provision Wedge–Frankston-Dandenong roads, Carrum Plan for the Coburg Schools Network — Demographic Downs: traffic management Analyses, which determined that the projected population data supported the need to provide places for To the Legislative Assembly of Victoria: year 7 to year 9 students residing in and around Coburg and the urgent need to commence the process for a The petition of residents in the Carrum Downs, Skye and year 7 intake; surrounding areas draws to the attention of the house that as a matter of urgency there be an introduction of a traffic call on the government to honour the previous Minister management system at the intersection of Wedge Road and for Education’s commitment to the residents of Coburg Frankston-Dandenong Road, Carrum Downs. During peak and surrounding suburbs to establish a Coburg education time of travel, motorists are finding it very difficult to turn implementation task force (CEIT) to examine all options right from Wedge Road onto Frankston-Dandenong Road to to meet Coburg’s education needs; and travel towards Dandenong or the city. call on the government to honour the previous Minister Your petitioners therefore request that the Legislative for Education’s commitment to the residents of Coburg Assembly of Victoria give consideration to either the and surrounding suburbs to comprise the CEIT of introduction of traffic lights or the establishment of a representatives from local school principals and roundabout at the intersection of Wedge Road and councillors, Moreland council, senior representation Frankston-Dandenong Road in Carrum Downs to alleviate from the Department of Education and Early Childhood this problem. Development, local members of Parliament and members of the broader community; and By Mrs BAUER (Carrum) (9 signatures). call on the government to immediately announce the date of the first meeting of the CEIT committee, the time Gaming: scoreboard promotion frame for nominations to the committee and the date the committee will report their recommendations. To the Legislative Assembly: By Ms CAMPBELL (Pascoe Vale) (106 signatures). We the undersigned request the immediate banning of scoreboard promotion (both visual and voiced) of live-odds betting at AFL matches at both the MCG and Etihad Casey Hospital: funding stadiums. To the Legislative Assembly of Victoria: The relentless promotion of betting during matches where children are actively encouraged to attend is unacceptable. The petition of certain citizens of the state of Victoria draws These matches are often viewed by families and children. to the attention of the house the Baillieu government’s election promise to fix Victoria’s health system. Exposure to gambling advertisements from a young age can normalise gambling for children. A number of studies, In particular we note: including one by Adelaide University’s Associate Professor Paul Delfabbro, show that this exposure can lead to a greater growing demand on Casey Hospital’s services is straining resources yet no additional funding was allocated in the state budget;

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the Baillieu government is delaying and abandoning Electricity: smart meters hospital projects across Victoria. To the Legislative Assembly of Victoria: The petitioners therefore request that the Legislative Assembly urge the Baillieu government to properly fund The petition of the residents of Victoria draws to the attention Victoria’s hospitals, including the Casey Hospital. of the house the infringement on our right to live freely and securely and to choose what we are subjected to in our homes By Ms GRALEY (Narre Warren South) and businesses by the continued compulsory installation of (371 signatures). smart meters (AMI) without an ‘opt-out’ provision for customers or full disclosure of future costs and possible health Essendon Keilor College: upgrade and environmental risks that smart meters may impose.

To the Legislative Assembly of Victoria: The petitioners therefore request that the Legislative Assembly of Victoria immediately: The petition of certain citizens of the state of Victoria draws to the attention of the house the need for significant upgrades 1. issue a halt to the mandated installation of smart meters of facilities at Essendon Keilor College. (AMI);

In particular, we note: 2. direct all power companies to offer a permanent ‘opt-out’ for all customers; 1. the poor conditions of the current Essendon Keilor College facilities, and in particular the state of disrepair 3. require letters to be sent to all customers informing them of a number of buildings; that radiofrequency radiation (RF) is classified by the World Health Organisation as a 2B carcinogen, and 2. that these poor conditions and insufficient facilities are smart meters emit RF; adversely affecting the education and learning experience of the students attending Essendon Keilor 4. make provisions to customers who have had smart College; meters installed and would like them removed, to reinstall dial or non-wireless interval meters at the option 3. the previous Labor government pledged $10 million of the customer and at no cost. towards redevelopment of the Essendon Keilor College during the 2010 Victorian election campaign. By Mr PALLAS (Tarneit) (24 signatures). The petitioners therefore request that the Legislative Churinga Employment Support Services: Assembly urge the Baillieu government to urgently fund the much-needed $10 million upgrade of Essendon Keilor future College. To the Legislative Assembly of Victoria:

By Mr HULLS (Niddrie) (1588 signatures). The petition of certain citizens of the state of Victoria calls on the Baillieu government to halt the closure of St John of God Ouyen P–12 College: funding Services Victoria Churinga Employment Support Services, 108–130 Diamond Creek Road, Greensborough. To the Legislative Assembly of Victoria: In particular we note: The petition of certain citizens of the state of Victoria draws to the attention of the Legislative Assembly the concerns of 1. Churinga currently provides a service to 140 adults with the Ouyen and district community regarding the failure of the intellectual and physical disabilities with age ranges state government to fund the final stage of building to enable between 18 to 60 years of age; Ouyen P–12 College to operate on one site. 2. the closure of Churinga will cause great distress to the In 2007 the Ouyen community was promised new buildings if participants and families who have established strong they agreed to the merger of the primary and secondary friendships through their involvement at Churinga and schools. The new school was to be built in one stage; who do not respond easily to change; however, the funding made available to date has seen only half of the project proceed. 3. the closure of Churinga will mean that families across the northern suburbs caring for adult children with In 2010 the community was encouraged to sign over its disabilities will have no appropriate service. entitlement to BER funding (which would have meant new primary school buildings) because the new school was to be The petitioners therefore request that the Legislative funded as part of the state government Building Futures Assembly of Victoria urge the Baillieu government to work program; this did not eventuate. with the community to save the Churinga service. The petitioners therefore request that the Legislative By Ms GREEN (Yan Yean) (547 signatures). Assembly support the allocation of funds in the 2012–13 state budget for the completion of Ouyen P–12 College. Tabled. By Mr HULLS (Niddrie) (20 signatures).

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Thursday, 1 September 2011 ASSEMBLY 3007

Ordered that petition presented by honourable DOCUMENTS member for Ballarat West be considered next day on motion of Ms KNIGHT (Ballarat West). Tabled by Clerk:

Ordered that petition presented by honourable Alfred Health — Report 2010–11 member for Bendigo West be considered next day Ambulance Victoria — Report 2010–11 on motion of Ms EDWARDS (Bendigo West). Disability Services Commissioner — Report 2010–11 Ordered that petition presented by honourable member for Northcote be considered next day on Gambling Regulation Act 2003 — Report of the Review Panel to the Minister in relation to invitations to apply for the motion of Ms RICHARDSON (Northcote). grant of a wagering and betting licence under s 10.2A.11 — Ordered to be printed Ordered that petition presented by honourable member for Brunswick be considered next day on Health Services Commissioner — Report 2010–11 motion of Ms GARRETT (Brunswick). Justice, Department of — Report 2010–11

Ordered that petition presented by honourable Ombudsman — SafeStreets Documents — Investigation into member for Yan Yean be considered next day on Victoria Police’s handling of a Freedom of Information motion of Ms GREEN (Yan Yean). request — Ordered to be printed Planning and Environment Act 1987 — Notices of approval Ordered that petitions presented by honourable of amendments to the following Planning Schemes: member for Niddrie be considered next day on motion of Ms HULLS (Niddrie). Campaspe — C77

Ordered that petition presented by honourable Frankston — C80 member for Carrum be considered next day on Hobsons Bay — C67 motion of Mrs BAUER (Carrum). Greater Shepparton — C138 Ordered that petition presented by honourable Moira — C57, C58 member for Narre Warren South be considered next day on motion of Ms GRALEY (Narre Warren Police Integrity, Office of — Enabling a flexible workforce South). for policing in Victoria — Ordered to be printed

Ms CAMPBELL (Pascoe Vale) — I move: Port of Melbourne Corporation — Report 2010–11 Premier and Cabinet, Department of — Report 2010–11 That the petition tabled in my name be taken into consideration on the next day of sitting. Victorian Government Purchasing Board — Report 2010–11 I am really pleased members of Parliament have the chance individually to be able to say such things on ROYAL ASSENT behalf of their electorates. Message read advising royal assent on 31 August to Motion agreed to. Domestic Animals Amendment (Restricted Breeds) Bill 2011. ENVIRONMENT AND NATURAL RESOURCES COMMITTEE LAW REFORM COMMITTEE Environment effects statement process in Reference Victoria Mr CLARK (Attorney-General) — By leave, I Mr PANDAZOPOULOS (Dandenong) presented move: report, together with appendices, extracts from proceedings and transcripts of evidence. That under section 33 of the Parliamentary Committees Act 2003 an inquiry into the creating, sharing, sending or posting of sexually explicit message or images via the internet, Tabled. mobile phones or other electronic devices by people, especially young people, known as sexting be referred to the Ordered that report, appendices and extracts from Law Reform Committee for consideration and report no later proceedings be printed. than 30 June 2012, including the:

(1) incidence, prevalence and nature of sexting in Victoria;

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(2) extent and effectiveness of existing awareness and with her husband, Ron, a local delegate. She shared a education about the social and legal effect and close working relationship with former South Barwon ramifications of sexting; MP, Michael Crutchfield; the former caucus secretary, (3) appropriateness and adequacy of existing laws, the member for Bundoora; and the current caucus especially criminal offences and the application of the secretary, the member for Yuroke. A large number of sex offenders register, that may apply to the practice of members on this side of the house will have their own sexting, particularly with regard to the creation, possession and transmission of sexually suggestive or fond memories of Lesley as she touched so many with explicit message and images in circumstances where a her compassion and commitment to the Labor cause. person: On behalf of all members of the parliamentary Labor Party, I pass on my sincerest condolences to her (a) creates, or consents to the creation of, the message husband, Ron, and son, Alan. Whilst it is tragic that or image for his or her own private use and/or the use of one or more other specific persons; or Lesley was taken from us prematurely, she lived her life to the fullest, and we will cherish her friendship and (b) creates, or consents to the creation of, the message her contribution forever. or image and without their knowledge and/or their consent the message or image is disseminated more The SPEAKER — Order! May she rest in peace. broadly than the person intended.

Motion agreed to. Fr John Carnie Mr O’BRIEN (Minister for Gaming) — I rise to BUSINESS OF THE HOUSE honour the life and mourn the passing of one of the most decent men I have had the good fortune to know, Adjournment Fr John Carnie. Fr John passed away on 10 August 2011 at the age of 80, having served God and his Mr McINTOSH (Minister for Corrections) — I community since being professed as a Redemptorist in move: 1954 and being ordained in 1960. For the last quarter of a century Fr John was school chaplain of Marcellin That the house, at its rising, adjourn until Tuesday, College, but that simple title does not do justice to the 13 September. enormous impact he had on the school and the lives of Motion agreed to. generations of its students, parents and staff. Fr John was, to put it in terms that his boys would relate MEMBERS STATEMENTS to, a legend. He was loved in part because he was a priest to whom you could not help but relate. As his Lesley Arthur Redemptorist brothers wrote about Fr John in his obituary: Mr ANDREWS (Leader of the Opposition) — On behalf of the Victorian parliamentary Labor Party I rise His belief in the fundamental goodness within everyone touched off his generous spirit. In their ordinary experiences to pay tribute to the life of Lesley Arthur, a beloved from birth to grave he unveiled to people the face of God friend and colleague who tragically passed away on looking back at them. Tuesday evening after a long battle with cancer. Lesley was a tireless worker and volunteer for both the Fr John was the priest that the Marcellin community Victorian and the federal Labor Party for the past turned to in times of joy and happiness and in times of 10 years. She worked with the Bracks and Brumby grief and sorrow. He married many of us, including my governments, assisting all caucus members in the wife and I. He christened many of our children and smooth operation of the running of the Parliament. buried many of our family and friends. More recently Lesley was integral in the transition period when Labor lost government last year. She was To those of Fr John’s family, his Redemptorist brethren instrumental in many activities, including the and the Marcellin community, which is mourning his organisation of important caucus conferences. She was loss, I add my prayers and condolences. Fr John Carnie, immensely proud and passionate about working in a true servant of God, may you rest in peace. Parliament and formed many close friendships with Melbourne Airport: achievements attendants and parliamentary staff. Mr HOLDING (Lyndhurst) — Along with other Geelong was home for Lesley, and she was a honourable members I was pleased to attend the passionate, active member of the local branch, along Melbourne Airport stakeholder briefing on Monday

MEMBERS STATEMENTS

Thursday, 1 September 2011 ASSEMBLY 3009 night. Melbourne Airport is a key piece of the state’s precinct at John McEwen Reserve. It was wonderful to economic infrastructure and a gateway for passenger see the number of young people from different cultures and freight movements. The last 12 months have seen and backgrounds coming together to play soccer. While strong passenger growth of 7.7 per cent, with total the Minister for Sport and Recreation was there he was passenger numbers reaching 28 190 457. International asked to present a long service award for volunteering passengers grew by 13.5 per cent to 6 287 710. It is for the Shepparton Junior Soccer Association to Mick particularly pleasing to see the continued growth of Italia, who has been assisting with junior soccer arrivals from key markets such as China, Singapore, matches for many years. Like many parents and Malaysia, Japan, South Korea, Indonesia and India. The volunteers he has been instrumental in fundraising and airport has strongly outperformed interstate gateways supporting young people to play sport and to keep such as Sydney and Brisbane. healthy and active. Over the last 12 months the airport completed a Sherbrooke Community School: principal for a US$600 million refinancing, which will help the airport day fund its $1 billion long-term capital plan. One of the airport’s and indeed our city’s key assets is the airport’s Mr MERLINO (Monbulk) — Last week I curfew-free status, which is underpinned by the careful participated in the principal for a day program and had planning controls that exist in the airport’s flight path. I the pleasure of doing so at Sherbrooke Community am extremely concerned that the state government is School. It was a great opportunity to spend a whole day entertaining development proposals which might observing the school in action. The main thing I took compromise the airport’s curfew-free status. The state away was an appreciation of the vast range of issues government should immediately reassure the Victorian that a principal deals with in a single day. community and Melbourne Airport that its curfew-free status will be protected. I congratulate CEO Chris My day began observing a staff meeting. We then Woodruff and the entire Melbourne Airport team on headed out to the hall for the school meeting. Unique to another year of outstanding results. Sherbrooke Community School, this meeting is held first thing every morning and is totally run by the Soccer: Shepparton facilities students. One of the great characteristics of this prep– year 12 school is how the students of all ages meet Mrs POWELL (Minister for Local Government) — together daily and treat each other with friendship and On Friday, 26 August, the Minister for Sport and respect. Everyone has an opportunity to have their Recreation, Minister Hugh Delahunty, and I attended a voice heard, from principal Anne Broadribb to the most pre-season soccer match between Melbourne Heart and precocious preppie. Wellington Phoenix at Deakin Reserve in Shepparton. While the game at Deakin Reserve was an exciting Anne and I met with contractors, and I spoke to match resulting in a 2-2 score, it also highlighted the students in the brand new primary wing, which is a need for a specialist soccer ground in Shepparton. great new learning space funded through the federal government’s Building the Education Revolution The next day Minister Delahunty and I met with the program. Back in the principal’s office I was taken mayor and council representatives of the Greater through how the school sets its budget and plans for the Shepparton City Council, the Greater Shepparton future. Football Advisory Group and representatives from the Shepparton Junior Soccer Association to inspect the In various parts of the school I simply stood back and outdated facilities at John McEwen Reserve and Chas observed teachers and students in action studying Johnson Reserve, to watch the juniors playing and also English, music and art. Around every corner something to watch a girls soccer match. There has been different was happening: a senior student talked to the exceptional growth and interest in soccer in the region, Victorian certificate of education coordinator about her and the minister and I were shown plans to upgrade the career options; a group of students practised their vocal facilities to meet that need and to ensure that the skills with their singing teacher; students rehearsed their grounds and facilities are capable of attracting statewide lines for the school production on the basketball court; competitions. and a student quietly worked on his project on his computer. Football Federation Victoria has identified Shepparton as its preferred location for a premier soccer facility for Throughout the day I discussed with Anne the many the Goulburn north-eastern region, and the council took challenges she faces in running the school. The day the opportunity to outline plans for a regional football ended with a meeting of the leadership group and a

MEMBERS STATEMENTS

3010 ASSEMBLY Thursday, 1 September 2011 fascinating discussion about the priorities for next simply not sufficient to fix a school at which buildings year’s curriculum. are falling down, rotten and unstable.

Thank you, Sherbrooke Community School, for such a Like many schools promised funds by Labor only for memorable day. You are a great school. them to be ripped away by the Baillieu government, the minister has not even bothered to go out to Essendon Todd Blake Keilor College and see for himself the dilapidated buildings in which students are being forced to work. I Ms ASHER (Minister for Innovation, Services and urge the minister to come out and inspect this school, Small Business) — I wish to advise the house of the which he himself has said is ‘disgusting’ and ‘unsafe sad and untimely death of Todd Blake, aged 40, while for teachers’, in order to see firsthand the state it is in. on holiday overseas with his family. Todd was CEO of the Victorian Tourism Industry Council and was also Ouyen P–12 College: funding general manager at the Victorian Employers Chamber of Commerce and Industry tourism and event services. Mr HULLS — Today I also tabled a petition on He was a significant driver of tourism, as was noted behalf of the Ouyen community calling on the yesterday by the member for Dandenong, a former government to fund the final stage of capital works at tourism minister. Todd was a very strong representative Ouyen P–12 College. This is yet another school that of the tourism industry and an advocate to government. seems to have been discarded by this government. I am more than happy to table this petition on behalf of the During his career Todd had many achievements. He school, but I question where the member for Mildura is oversaw the integration of several industry associations and what he is doing about this school in his electorate. into one, which was a great achievement. He also was Why does he not stand up for students and teachers in one of the founders of Victoria Tourism Week. That his electorate? will be held next week from 5 to 10 September, and obviously it will honour him and his contributions to John Mahoney the tourism industry. He was chief executive of the Restaurant and Catering Association Victoria, and he Mr MULDER (Minister for Public Transport) — I was also a member of many boards and advisory wish to pay tribute today to a member of my groups, including the Victorian Food and Wine community, John Mahoney, who passed away earlier Tourism Council, the Wine Industry Advisory Group, this year. Last week John was inducted into the 2011 the Liquor Control Advisory Council and Service Skills National Road Transport Shell Rimula Hall of Fame in Victoria. Alice Springs, where John’s wife, Lorraine, accepted the honour. John’s children, Renae and Shane, also He was an outstanding advocate for tourism and an attended the presentation. outstanding man. The tourism industry is shattered, as you would reasonably expect. Members of the industry John Mahoney was the son of a successful truck and I pass on our condolences to his wife, Kirsty, and operator in western Victoria and learned to drive at a his daughters, Ashley and Miah. very early age. He was often spotted parking and reversing trucks in his father’s yard. When John began Essendon Keilor College: funding driving legally at the age of 18 he worked for many local companies before he branched out and ran his Mr HULLS (Niddrie) — Today I tabled a petition own transport business. John spent 21 years employed signed by nearly 1600 local students, parents, teachers at the Blackney’s transport company in Geelong. and residents calling upon the Baillieu government to Initially he worked as an interstate truck driver; honour the former Labor government’s commitment to however, his knowledge of the industry was soon a $10 million upgrade of Essendon Keilor College. recognised and he was appointed to the position of operations manager. During that time John gained the This is a great school filled with enthusiastic students respect of clients, drivers and transport industry and dedicated teachers, but it is literally falling down professionals alike, and over the years he gained great around them. It is a school that the Minister for personal satisfaction in nurturing and training young Education himself has described as ‘unsafe’, and it is a people in the industry. school that was allocated $10 million based on an independent assessment. The recent $640 000 John was diagnosed with leukaemia in 1993 and allocation to the school for maintenance is an insult to continued to work over the next 18 years while he was the 1588 people who have signed this petition; it is being treated for the disease that finally took his life. It

MEMBERS STATEMENTS

Thursday, 1 September 2011 ASSEMBLY 3011 was no surprise to me that John was nominated as an Since that time the veterinary profession has inductee into the National Road Transport Hall of contributed to the health and welfare of both production Fame, because apart from his contributions to the and companion animals throughout the world. In trucking industry, he was a great community man. Australia veterinarians have been instrumental in the Wherever there was a need for a truck and trailer at eradication of diseases such as contagious local events in the Colac district, John was ready to pleuropneumonia, tuberculosis and brucellosis. pitch in with whatever needed doing. John did not need Veterinarians in Australia have also helped alleviate to be asked twice. He would willingly give up his time animals’ suffering in droughts, bushfires and floods. for individuals and groups who might need this These veterinarians have worked as part of a team that assistance. No doubt he did all this at considerable includes animal health officers, other government personal cost over many years. It is therefore very agency staff, the livestock industry and individual fitting that John should be recognised in the manner livestock and pet owners. that he has been. It is an acknowledgement of a great trucking man in a great community. Veterinarians who have made special contributions to animal health and wellbeing in Australia include Victorian certificate of applied learning: Professor Ken Jubb, Professor Doug Blood, Professor funding Ivan Caple, Dan Flynn and Bryan Rushford. I and the member for South-West Coast are proud to have been Ms CAMPBELL (Pascoe Vale) — Ongoing and associated with these outstanding veterinarians, and we annual funding for VCAL (Victorian certificate of have learnt much from them. In Victoria veterinary applied learning) coordinators is required because the practitioners of the 1950s and 1960s such as Doug coordination of this trade-based, time-intensive school McAuliffe, Ernie Miles, Jim Howes, Don McFadden, and workplace model of individualised student Dusty Rhodes and Bob Knights were legendary for the attention requires out-of-school placement and training. long hours they spent assisting sick and injured Funding for VCAL coordinators must be maintained livestock. As a result their wives and families often because they develop trade-based skills in students to missed out on time with their husbands and fathers. enable them to join the workforce. This requires that students not be stuck in a classroom but that they be The skills required to be a good veterinarian include exposed to a range of industry experiences that make problem solving and communication. These skills have the transition from secondary schooling to further often been applied in the broader community for the education and training or work much smoother. All of good, including by people such as Judith Slocum and these activities take significant time to organise. Goff Letts. Well done to all veterinarians and their wives and families and the many people who have Each new school year brings a new VCAL team which worked with them. needs to be trained individually. It is totally different to delivering the regular, classroom-based programs such Government: election commitments as maths, science or language. Each year there are new students for whom to find new individualised VET Mr PALLAS (Tarneit) — On 15 November last (vocational education and training) placements, year, less than two weeks before the 2010 election, the school-based apprenticeships and training, and work then Leader of the Opposition, now the Premier, placements. Successful completion of courses helps to promised ‘no new taxes, no job losses and no reduction make students employable and addresses skills in services’. Instead, in less than nine months we have shortages. Students need to be individually monitored seen program after program cut, services reduced and and maintained in their individual VET placements jobs lost. The 10 cruellest cuts that affect the with a range of individual providers. This requires community that I represent and the broader Victorian ongoing contact and visits when necessary. community are as follows. Volunteering is an important part of the VCAL The first is the $12 million cut to the Victorian program and is labour intensive. VCAL is a flexible certificate of applied learning program, in which 70 per program which is designed to cater for the particular cent of government secondary schools, TAFEs and needs of each group of students. registered training organisations will lose trade training World Veterinary Year coordinators. The second is the $1.9 million cut to the vital Take a Break occasional child-care program. The Dr SYKES (Benalla) — The year 2011 is World third is the $500 000 cut to JobWatch, an indispensable, Veterinary Year. It is 250 years since the first not-for-profit organisation. The fourth is cuts to the veterinary school was established in Lyon, France. early apprenticeship completion bonus, which will put

MEMBERS STATEMENTS

3012 ASSEMBLY Thursday, 1 September 2011 at risk 14 000 apprentices by axing rewards for AAMI Park against the Green Gully Cavaliers. The employers who take on apprentices. The fifth is the Oakleigh Cannons secured their place in the final 100 000 Victorian families who have lost the School following a hard-fought game against Hume City at Start bonus of $300. The sixth is the $3 million axing of Port Melbourne last Saturday evening. The teams the powerline relocation scheme. The seventh is the played for 126 minutes without any goals being scored, government’s broken promise to provide funding for so the result was determined on a penalty shoot-out. the IDEA — or Innovative Developments in the The Oakleigh Cannons are very fortunate to have such Education of children with Autism — program, which a fantastic goalkeeper in Peter Zois, who is also our provides educational opportunities for autistic children. team captain. Peter saved consecutive penalties to see The eighth is the axing of the $6.2 million Kids — Go Oakleigh win by 4 shots to 2. For Your Life program. The ninth is the slashing of funding for the popular FreeZa program. The tenth is This is the first time the Oakleigh Cannons have the tightening of eligibility for school bus subsidies, reached a final in the Victorian Premier League, and it which will force Victorian families to pay thousands of is testament to the hardworking committee, led by dollars a year to transport their children to school. president Stan Papayianneris, and particularly to the coach, Arthur Papas. Arthur was duly recognised for Multicultural affairs: settlement coordination his excellence in coaching the Oakleigh Cannons this unit year by being awarded VPL Coach of the Year at the Football Federation Victoria’s gold medal night this Mr KOTSIRAS (Minister for Multicultural Affairs week. and Citizenship) — Victoria has benefited from different waves of migration to Australia. Unfortunately I am sure Saturday night’s grand final will be a tough every new migration wave brings new challenges, and match, with Green Gully being last year’s premiers and it is the government’s responsibility to make sure that finishing top of the league ladder this year. They are a all government departments and agencies meet the good team of football players. The Oakleigh Cannons individual needs of all Victorians. It is also important are also a very good team, and they have shown on that there is coordination between the departments and many occasions that they can rise to a challenge. I between the three levels of government — know they will make every effort to achieve for commonwealth, state and local government. All themselves, each other and the many hundreds of governments provide programs and policies whereby Cannons supporters. they try to assist new arrivals, but sometimes there are gaps and sometimes they do not talk to each other. It is The Victorian Premier League grand final will be important to have coordination between the three tiers preceded by the Women’s Premier League grand final of government. starting at 12 noon, with the South Melbourne women’s team up against Sandringham. It will be a great It is therefore pleasing to announce that we have afternoon and evening of quality and hard-fought established a settlement coordination unit within the football, and I welcome everybody’s attendance. Office of Multicultural Affairs and Citizenship in the Department of Premier and Cabinet. This unit will be Wind farms: government policy there not only to assist all the departments to make sure Mr MORRIS (Mornington) — I rise this morning that there are no gaps, that there is no duplication and to congratulate the Minister for Planning upon the that money goes to where it is needed but also to introduction of amendment VC82, the controls for wind coordinate the different programs across the federal, energy facilities, or wind farms, across the state. I state and local governments so that we can avoid particularly note the decision to prohibit the duplication and work together in partnership to make development of wind farms across the whole of the sure that the needs of refugees and newly arrived Mornington Peninsula. In doing so I do not migrants are met right across Victoria, both in underestimate the importance of developing renewable metropolitan Melbourne and of course in regional energy, or wind energy in particular, but I believe we Victoria. need to strike a balance between the industry and the Oakleigh Cannons Football Club: premiership community. In this particular case the decision will assist in the protection of the landscape values of the Ms BARKER (Oakleigh) — I take this opportunity peninsula. It is a victory in what has been an ongoing to wish the Oakleigh Cannons Football Club seniors battle. team all the best this coming Saturday night when it will play in the Victorian Premier League grand final at

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Thursday, 1 September 2011 ASSEMBLY 3013

Crime: community safety partnership claimed that the coalition would abolish the requirement for permits to collect firewood from Mr MORRIS — On another matter, Speaker, last roadsides. week I attended the launch at Mornington of an innovative crime prevention program developed by a This decision makes Victorians again question what local policeman, Detective Acting Senior Sergeant this government stands for in regard to the Michael Lamb. The program brings together environment. We know it means cows in national Neighbourhood Watch, Victoria Police and the Jim’s parks, no action on climate change and no-wind-farm Group in a community safety partnership. policies. The decision is another clear indication that The Nationals are running this state’s environment Under the partnership Jim’s Group franchisees will be policy. encouraged to report crimes or suspicious activities that they come across during their working day. Participants School buses: Echuca are not expected to act as detectives; they will report any observations to police for investigation and if Mr WELLER (Rodney) — I take this opportunity necessary for action. The gathering included more than to welcome the commencement of the new school bus 120 Jim’s Group personnel, whose vehicles will carry centre review being undertaken in my electorate. The the Neighbourhood Watch and Crime Stoppers logos in review is designed to help ensure school buses operate addition to their normal trade signs. efficiently and effectively and that bus services continue to match demand. I had the pleasure yesterday I congratulate Michael Lamb and his senior officers, of meeting with the independent consultants who are who supported the concept, and the Jim’s Group, which conducting the review of services at Echuca, and I am has helped make his idea a reality. confident the process, unlike that under the previous Labor government, will be a constructive one. The Firewood: collection permits review ordered by the previous government was put on hold after it attracted a storm of protest from both Ms NEVILLE (Bellarine) — Yesterday we saw the school bus operators and the parents of students Liberal Party and the Minister for Environment again regarding the lack of extensive consultation undertaken bow to the interests of The Nationals by announcing the as part of the review. scrapping of the requirement for permits to collect firewood on public land. This decision occurred with no At the change of government I requested that the new consultation and reverses the longstanding government Minister for Public Transport put the existing review policy to require permits — the requirement for permits aside and carry out a new, more inclusive process. The was introduced in 1958. This decision will impact on minister agreed that a more constructive consultation farmers who have established timber businesses to process was needed. As a result the Department of supply firewood in our state. Transport and the Bus Association Victoria have recently agreed on a set of guidelines for how future In addition this decision will also have an impact on the school bus reviews will be undertaken. These environment. A 2009 report by Melbourne University guidelines require that the school bus reviews include on the ecological impacts of firewood collection states: consultation with relevant stakeholders, including Twenty-one species of native birds are considered to be school principals and bus operators. This has been an threatened by firewood collection in Australia; nineteen of excellent result, and one which I am sure will give these species occur in Victoria. much greater reassurance to bus operators and parents of students using school buses in my electorate and Surprise, surprise! That report, which had been on the right across the state. The review of the Echuca bus Department of Sustainability and Environment website, network commences with a meeting in Echuca today, disappeared after the Victorian National Parks and I look forward to following the review process with Association put out a press release criticising this interest. decision and quoting the report yesterday. So much for transparency and accountability! Broadmeadows electorate: infrastructure strategy The minister also failed to point out in his press release that public land does not include roadsides. This created Mr McGUIRE (Broadmeadows) — This week I confusion because it is contrary to a press release issued joined the Leader of the Opposition and the member for on 3 November last year by Wendy Lovell, a member Yuroke to launch our campaign for an upgrade and for Northern Victoria Region, in the other place, which duplication of Somerton Road. VicRoads has identified

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3014 ASSEMBLY Thursday, 1 September 2011

Somerton Road as one of its highest priorities for safety slump in the polls. The member for Lyndhurst should reasons, and its duplication must be completed before it hang his head in shame at his lily-livered response to becomes a death trap. The upgrade is also part of an the Ombudsman’s report in 2006. By contrast, the then economic development strategy of state significance Leader of the Opposition, who is now Premier, that I am calling on the Baillieu government to submit supported the recommendation. How many lives have to Infrastructure Australia before it squanders the been ruined in these intervening six years? We should opportunity of gaining billions of dollars in federal put aside our judgements based on morals and ethics. funding that will instead go to other states. This is plainly and simply a public health issue which Infrastructure Australia chairman Sir Rod Eddington has a solution. Labor had the chance to lead, but it has already criticised the coalition for its failure to failed miserably, destroying lives as a direct outcome of deliver a plan. Given this failure, here is my plan for its political cowardice. infrastructure, jobs, growth and prosperity for Melbourne’s north, one of Victoria’s most significant Trams: disability compliance economic engine rooms, with Broadmeadows as its capital. Ms RICHARDSON (Northcote) — All members on this side of the house have become accustomed to The upgrade of Somerton Road will provide a this Liberal government’s propensity to claim Labor connection with the multibillion-dollar relocated initiatives as its own. Without comprehensive plans of Melbourne wholesale markets complex, completing its own, is it any wonder the government acts in this Labor’s vision to deliver up to 10 000 jobs and linking way? A recent standout performance of this kind came it to the 12 500 jobs generated by the expansion of from the Minister for Public Transport when he visited Melbourne Airport. To develop this coordinated the Bombardier factory in Dandenong and sought to lay strategy of state significance, we also need a rail link to claim to the 50 new trams that will be built there as part Melbourne Airport, an aviation academy, an expansion of the order secured by Labor prior to the last election. of the Tullamarine Freeway, two additional storeys on Smiling for the cameras, he talked glowingly of the the Hume Global Learning Centre to incorporate an new trams and about how the consultation process had Australian-first multiversity, a health services been outstanding — again — as if he had been super-clinic and funding assistance to relocate the personally responsible. He of course hid the fact that his Essendon Football Club. This plan will deliver smarter, promise to order another 10 new trams made prior to healthier, better connected communities and fulfil the the last election was scrapped in this year’s state funding criteria of state significance. budget. Prisons: condoms But for sheer breathtaking hypocrisy he surely took the cake when he spoke glowingly about the ability of these Mr NEWTON-BROWN (Prahran) — This week new trams to meet the needs of those with a disability the coalition acted on the recommendation made by the with their low-floor profiles and other DDA (Disability Ombudsman five years ago to distribute condoms in Discrimination Act 1992) compliant features. This is prisons. This decision is probably not one which will the same minister who in the May budget cut DDA win a whole swag of votes. Indeed, many people may compliance funding by 75 per cent. Under Labor more object to it. However, the Minister for Corrections has than $80 million was spent over four years to upgrade had the guts to make a decision that is the right thing to our network for DDA compliance. Under this minister do based on all the available evidence. Yes, sex does a mere $20 million will be spent over the same period. occur in prisons. An incredible 41 per cent of prisoners He even had the gall to say at budget time that this have hepatitis, and this can be drastically reduced by $20 million was extra money for DDA compliance the provision of condoms. Many of the infected projects. What a hide! prisoners will go on to infect their partners and other members of the community on release. It is an absolute I put it to the minister in terms that even he will tragedy and, sadly, a preventable one. understand. He cannot make the most of these new trams without building super-stops, a construction Decisive action on this issue was required six years ago, program that has been slashed thanks to his budget cuts. when the Ombudsman’s report was released. Instead, When he was asked at the Public Accounts and Labor squibbed it. Labor put its own petty perceived Estimates Committee hearings about his plans to restore political fortunes ahead of people’s lives. It made a call W-class trams and whether they would be DDA that it would be politically unpopular to provide compliant, this shameless minister said those with a condoms to prisoners. It may be, but political leadership disability would simply have to wait for another tram. is not about avoiding doing the right thing for fear of a This came on the back of the new timetable that has

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Thursday, 1 September 2011 ASSEMBLY 3015 particularly disadvantaged those with a disability. For amount of trauma that is experienced on our roads these reasons and more, the minister will no doubt be every day and that there are some 4500 crashes on our condemned for the choices he has made, no matter public roads each year that resulted in fatality or serious what photo opportunities he seeks to take. injury. Last year 288 people died on our roads in Victoria. Not only is that horrific in terms of the loss of Tom Wilcox life but also the cost to the Victorian economy was estimated at some $3.8 billion. We are looking for Mr McINTOSH (Minister for Corrections) — It is solutions, and we are looking for ways to improve the with regret and sadness that I rise today to note the system. The bill before us today certainly goes a long passing of Tom Wilcox. Tom was a long-time resident way to doing that. of Kew and a long-time member of the Liberal Party in the Balwyn branch. He was certainly well known to One of the things that has become apparent from the many locals, especially to the Attorney-General and report tabled yesterday is that people are not confident me. Tom was an avid campaigner and prolific letter in the road camera system. We need to restore their writer to newspapers. It was a matter of some confidence in the system to ensure that people are commentary by the member for Niddrie in 2002, who happy with what we have and are confident in its use. acknowledged Tom’s prolific editorial writing. Mr Merlino interjected. Tom was born in Sydney in 1931 and spent his working career in the plastics industry, first with W. R. Grace Mr SOUTHWICK — I hear the member for Ltd and then moving through a number of different Monbulk interjecting. He made a fine contribution — companies, ultimately moving to Melbourne in the late he was on his feet for about 30 minutes, but only about 1950s. He was a passionate Rugby Union supporter, 2 minutes of that was on the bill! During his player, coach, referee and committeeman. When he contribution he spoke a lot about the government’s lack moved from Sydney the first thing he did was to join of a strategy. What we on this side of the house the Box Hill Rugby Union Club, and at one was stage understand is that we need a strategy — — was the longest serving member of that club. He holds the record of that club as being the person who has Mr Merlino interjected. played over the most extensive career, first playing with The ACTING SPEAKER (Mr Thompson) — the club in 1960 and playing in an over-60s game in Order! The member for Caulfield without assistance September 2009. Tom’s name appears on the main and without the use of unparliamentary language! building of the club as testimony to his good work. In 2003 he was awarded an Australian Centenary Medal Mr SOUTHWICK — Thank you, Acting Speaker. in recognition of his contribution to sport. Tom is We on this side of the house understand the importance survived by his wife, Beverley, and his extensive of having a strategy. A strategy is not just about spin or family. I offer my condolences to his family. a photo opportunity; it is about looking at executing a plan. These sorts of strategies are important. They are about reducing the road toll, which is what we are ROAD SAFETY CAMERA referring to here. Members of the opposition should COMMISSIONER BILL 2011 take a note of that.

Second reading Mr Merlino interjected.

Debate resumed from 31 August; motion of The ACTING SPEAKER (Mr Thompson) — Mr RYAN (Minister for Police and Emergency Order! The member for Caulfield without assistance! Services). The member for Monbulk was heard in quieter Mr SOUTHWICK (Caulfield) — I rise to speak in circumstances yesterday, and I ask him to accord the the debate on the Road Safety Camera Commissioner same respect to the member for Caulfield. Bill 2011. I am sure all members on both sides of the Mr SOUTHWICK — Thank you, Acting Speaker. house would agree that if there is one thing we could do I recognise that it is hard for the member for Monbulk while in political office it would be to implement to contain himself. But if he could do that for a policies that would save lives. I had the privilege moment, he might learn something about the results we yesterday of attending a briefing by the have achieved since coming to government. We have Auditor-General on his report on our road safety already started to implement good policy when it comes camera program. It was horrifying to hear of the to our road laws. In government members of the current

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3016 ASSEMBLY Thursday, 1 September 2011 opposition had a crack at the hoon laws. I say a ‘crack’ provide advice and reports on how to improve because it was a very small crack. They started with the reliability. 48-hour confiscation of a car, which meant that a person could lose their car on a Friday and get it back I turn now to an Auditor-General’s report that has on Monday and be back driving on the streets — — recently been tabled in Parliament. I refer to some of the comments that are made in the report, in particular An honourable member — Just in time for the next in relation to issues on the Western Ring Road back in weekend. 2003 and then later in 2010 when we saw fines being issued on the Hume Highway because of software Mr SOUTHWICK — Exactly, just in time for the problems in the cameras. These are the sorts of things next weekend. That is not really something that will there has been a lot of public outcry about. I recall reprehend the person committing the offence. We are listening to Neil Mitchell’s morning radio program on tough; there will now be a 30-day confiscation of a car, 3AW. Many listeners rang in to talk about their and we are looking at crushing the vehicles of second experiences and their problems with cameras. There is offenders. Make no mistake; our laws are tough. They no doubt we are going to experience problems, but we have to be tough because we want to send a message to need to ensure that the public has an outlet. We need to the public that these sorts of offences are not ensure that they have someone to go to if they believe acceptable. the system is incorrect and does not work properly.

Under this government there have been 1600 new Turning to the Auditor-General’s report specifically, police officers promised, we are impounding cars section 4 deals with the accuracy and reliability of the carrying excessive passengers, and there has been a camera system. Under ‘Recommendation’ it states: $4.65 million safety upgrade to the Hume Highway. These are not words but actions by the government, and To strengthen assurance, the Department of Justice should this bill is a further action. It provides for a road safety establish regular independent testing of the accuracy and reliability of speed measurement by mobile speed cameras camera commissioner to ensure that we have a system under actual operating conditions. that works, that is transparent and that the public has confidence in. Section 5 relates to the validity of infringements. The recommendations state: I refer also to the contribution of the member for Lara. He said we have a system that is not working and that The Department of Justice should get stronger assurance that we are not doing anything at all; we are just sitting here mobile camera operators comply with critical procedures. idle. The last time I looked at it, the Transport Accident The Department of Justice should require that all certification Commission was still working away in Geelong on service providers comply with appropriate quality control and many initiatives of the Labor and coalition documentation standards, and are subject to regular audits governments. We are continuing to strengthen our road against these standards conducted by appropriately qualified measurement experts. safety regime and to look at improvements. I want to come back to the key issue around the Let us look at the appointment of the road safety problem with the perception that the system does not camera commissioner. The commissioner will be work properly. Unfortunately in this instance, independent of government and will be appointed by perception is reality. If you look at section 6 of the the Governor in Council. It is anticipated that the report, headed ‘Public communications about the commissioner will have a strong and consultative program’, it states very clearly that: working relationship with the Minister for Police and Emergency Services and will be free to publish Despite clear evidence to the contrary, there is ongoing public whatever he or she sees fit in an annual report to concern that the program is revenue-raising, inaccurate or not Parliament. In consultation the minister will appoint a soundly grounded in improving road safety outcomes. The road safety partners have not adequately educated the public reference group which will give expert advice to the about many fundamental aspects of the program, including commissioner. The government recognises that for our the impacts of lower-level speeding. This has placed the road safety laws to function effectively the people of program’s ongoing legitimacy at risk. Victoria must have faith and confidence in the system, and by appointing the first road safety camera For 11 years under the previous government we had a commissioner we will be restoring confidence in the so-called strategy, which the member for Monbulk system and making sure that we have an independent referred to. Unfortunately that strategy did not work, umpire — and I stress that we will have an independent and the Auditor-General’s report states in black and umpire — who can look holistically at the system and white that its legitimacy is in question because the public does not believe in it. The public has lost

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Thursday, 1 September 2011 ASSEMBLY 3017 confidence in the system. By having an independent It also says this: commissioner we are about restoring confidence. I note the member for Monbulk has a big grin on his face. It is Road safety cameras improve road safety and reduce road trauma, and their ongoing use as an enforcement tool remains time to wipe off the grin and to restore some appropriate. confidence. Let us get on with doing something, and that is what this government is doing. There is no question from the Auditor-General’s report that the use of fixed and mobile cameras has a major Honourable members interjecting. impact on improving the behaviour of road users. That is absolutely clear. The ACTING SPEAKER (Mr Thompson) — Order! The member for Williamstown without On the second issue of siting and whether the cameras assistance. are sited for revenue raising as opposed to achieving road safety outcomes, the Auditor-General was once Mr NOONAN (Williamstown) — Thank you for again very clear on this. He said, and I quote: your protection, Acting Speaker. I am pleased to join this debate on the Road Safety Camera Commissioner Since 2007 fixed camera siting has been informed by sound Bill 2011. I acknowledge the sound contribution made criteria based on road safety outcomes and not on maximising by the lead speaker from this side of the house, the revenue. member for Monbulk, who is in the chamber now. As Remarkably the Auditor-General actually indicated that other speakers have said, Victoria has a fine record of more revenue could be raised through tightening being a world leader in road safety. Over the last operational policies that provide some level of leniency 40 years, under successive governments, Victoria has to speeding drivers. This is code for, ‘The government introduced a range of road safety measures to reduce could raise more revenue from road safety cameras’. road trauma and, most importantly, to save Victorian lives on our roads. On the third issue of public confidence the Auditor-General pulls no punches. He makes it clear These measures have included compulsory seatbelts, that: random breath and drug testing, funding safer roads programs, hard-hitting public advertising campaigns, … the processes and controls in place provide a particularly strengthening our licensing regime, requiring greater high level of confidence in the reliability and integrity of the safety features in vehicles and of course the road safety camera system. introduction of road safety cameras. Whilst not Let me just restate that: the Auditor-General says that necessarily popular, Labor has always held the view he has a high level of confidence in the reliability and that road safety cameras save lives and reduce trauma integrity of the road safety camera system. on our roads. We still hold that view today, even in opposition. I will go through those points again because they are important. According to the Auditor-General: firstly, We have now had the timely release of the cameras help save lives; secondly, cameras are Auditor-General’s report, which has been tabled in this positioned to save lives and reduce road trauma and are house. Essentially the report looks at three key areas: not placed for revenue raising; and thirdly, the public firstly, whether there is a sound rationale for the road should have confidence in the system and the accuracy safety camera program; secondly, whether the cameras of the cameras. are strategically sited to reduce road trauma and deaths on Victorian roads; and thirdly, whether the camera But that is not all the Auditor-General said. He also said system is accurate and the public can be confident that this: infringements are valid. Sections of the community and media have shown significant I just want to go through each of those three areas. interest in the road safety camera program, voicing concerns about whether using cameras is appropriate, the accuracy of Firstly, I will look at the issue of rationale. On the cameras, and the validity of infringements. Some allege that question of whether the road safety camera program the purpose of the road safety camera program is to raise helps to reduce trauma on our roads, the revenue … Auditor-General could not have been clearer. This is what his report states, and I quote: I think this is where the Auditor-General has made a small oversight in his report, because we all know that A strong body of research shows road safety cameras when in opposition members of the Baillieu improve the behaviour of road users, and reduce speeding and government ran a consistent campaign to undermine road crashes. public confidence in road safety cameras. Why were

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3018 ASSEMBLY Thursday, 1 September 2011 they out there peddling a baseless and reckless case no, the first thing the incoming Baillieu government did against the use of road safety cameras? The member for when it came to office was to switch on 32 additional Polwarth, who sat in here yesterday to listen to the speed cameras around the state of Victoria. After years member for Monbulk, was probably the worst offender. of attacking Labor for perceived revenue-raising through road safety cameras, the Baillieu government In preparation for my contribution I gathered together a has lifted the projected revenues from road safety couple of statements the member for Polwarth made cameras in its very first budget. about road safety cameras when he was in opposition. On 5 November 2003, during debate on the Road In the time that I have left, let me turn to some brief Safety (Amendment) Bill 2003, the member for comments about this bill. You need to go right back to Polwarth made his views and those of his party about 24 May when in a media release the Deputy Premier speed cameras very clear. He said: described this bill as:

… the opposition know that they are simply about revenue … part of the coalition government’s major overhaul of raising. Victoria’s speed and red-light camera regime. This is a position that the Liberal Party has emphasised What nonsense. The reality is that this bill will simply time and again. create a speed camera watchdog. There is nothing in this bill that will further reduce driving speeds or In 2007 the member for Polwarth made comments change the behaviour of drivers, and there is nothing in about road safety cameras in the Sunday Age. He said, this bill that will make our roads safer. and I quote: For all the Deputy Premier’s posturing, it should be The Bracks government uses the term ‘road safety camera’ to noted that the Auditor-General made no deflect attention away from what Victorians see as a ‘speed camera revenue-raising bonanza … recommendation about establishing a road safety camera commissioner’s office. This is where I think the Then in 2009, in the member’s own media release, he Deputy Premier should be very red-faced, and indeed referred to speed cameras as ‘fixed cash register the member for Polwarth should. revenue raisers’. He then described the previous government’s use of road safety cameras as a ‘dash for The most disturbing aspect of this government’s lack of cash’. Each of these statements was deliberately made action to date is that it has not developed a clear plan to diminish public confidence in the use of road safety for road safety. Worse still, it has systematically cameras. Each of these statements was carefully crafted eliminated and dismantled road safety programs that to paint speed cameras as some kind of elaborate ploy were in place under the former government and were to rip off motorists by deception. These were dangerous working successfully. After nine months in government statements. These were reckless statements. These it still has not developed one new strategy or policy to statements did nothing to enhance road safety in the reduce deaths and trauma on our roads. minds of motorists. The member for Polwarth had 11 years in opposition to Yet we had the Deputy Premier make the following develop a policy agenda, but he was too lazy to do that. remarkable statement in a media release yesterday upon The only thing he has done is diminish public the release of the Auditor-General’s report, and I quote: confidence in the road safety camera program.

I would encourage anyone who has doubts or concerns about Even on the coalition government’s populist approach the state’s road safety camera program to read this report. to publishing the locations of speed cameras, the Auditor-General indicated that that decision was likely I respectfully suggest that the member for Polwarth to have an adverse effect on road safety outcomes. In read this report, or perhaps the Deputy Premier could my view this takes us into a very dangerous space, read the report to him. because what the Auditor-General is really saying is It is just shameless hypocrisy for members of the that the Baillieu government is placing politics over government to be making these sorts of statements now Victorian lives. It is a very sad day for Victoria when an that they are in government. It is absolutely shameless incoming government does not have a policy program hypocrisy. But it gets worse, because based on those to implement and continue the great tradition we have statements Victorians probably were entitled to in Victoria — a tradition built up over many decades — presume that an incoming Baillieu government may to help reduce road trauma on our roads and indeed have reduced the number of what it labelled in save the lives of Victorians. opposition as ‘fixed cash register revenue raisers’. But

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Thursday, 1 September 2011 ASSEMBLY 3019

Mr McCURDY (Murray Valley) — I am also lacking, there is probably room for more pleased to rise to speak on the Road Safety Camera communication with the community, so there are Commissioner Bill 2011, which is the result of another certainly options there. one of the coalition government’s pledges to ensure safety within the community and on our roads. After I will move on to some of the detail of the bill. It sets the 11 long, dark years of the Labor government and out the functions of the commissioner. Clause 10 talks the 11 years of spin and lies that we put up with, it was about the annual reviews, the assessments of the wonderful when Victoria spoke up loud and clear that it accuracy of the camera system and the information wanted a change. This bill is part of the change that we provided to the community by the Department of can put in place, because it is about many things. It is Justice. The commissioner will be focusing on the obviously about cameras and safety, but at the end of integrity, the accuracy and the efficiency of the system, the day this bill is about ensuring that there is integrity as well as receiving complaints, investigating systemic in the system, because people lost faith in the former issues and referring complaints to the appropriate body government, whether it was over the Windsor if necessary. The commissioner will investigate matters development, the gaming machine debacle or the referred by the minister and provide advice to the corruption and distortion of crime statistics. They lost minister. The commissioner will refer matters to the faith in the system, and they wanted a government that reference group for research and advice, and there is at last they could trust. also a general record-keeping function and provision for other functions to be referred to the commissioner This bill goes a long way to ensuring that integrity will under the proposed act — or any other act for that remain intact with the speed cameras — at last they matter. This bill gives the commissioner the power to have a government with integrity. Victoria’s roads have do all things necessary or convenient in connection long been a thorn in our collective sides. The road toll with performance of his or her functions, which include through drink driving and the number of young being able to request information from the Department Victorians dying on our roads are issues we need to of Justice concerning the operation of the road safety address. Speed cameras, as the Auditor-General’s camera system and making copies of any relevant report says, can reduce those tragedies on the roads and documents, which is an important aspect as well. can make the roads safer. More police and more booze buses have long been tools that we look to use, but The bill also provides for the commissioner to appoint a speed cameras are also quite useful tools when trying to reference group with experts from relevant fields. This improve road safety for all Victorians. They want to group will consist of a minimum of three members and know that their children and their families are safe on a maximum of seven members. They will be appointed the roads, and we will take whatever steps it takes to by the minister on the recommendation of the ensure that that happens. commissioner. The function of this reference group is to provide advice and information to the commission on This bill will increase the transparency and all aspects of the road safety camera system. The accountability of Victoria’s road safety and the camera commissioner will be the chairperson of the reference system by establishing the office of the road safety group and will provide its terms of reference. camera commissioner. The commissioner will have a dual role: to monitor and review the integrity and We have had an enormous amount of debate on this efficiency of Victoria’s road safety camera system, but bill. In conclusion, this bill will provide confidence also to provide credible and expert advice to the within our community, because nobody likes to get a government and to the public about its operations. speeding fine or a red light camera fine. It is important Yesterday the Victorian Auditor-General’s report said that we have integrity in the system and that people feel that cameras do save lives and they can make a comfortable, regardless of which government is in difference, and yes, we also heard that in some power — particularly if your favoured members are not instances there have been inaccurate measurements. in power. That is what this bill will do with the There was one instance where 9 out of 68 000 speed commissioner, and it should quell the debate about camera measurements were inaccurate. That is a low speed cameras being about revenue, revenue, revenue. figure of 0.001 per cent of those 68 000 camera Having an independent commissioner should secure measurements, but at the end of the day they still need this integrity, and that is what I look forward to. to be as accurate as possible to ensure the integrity of the whole system. The integrity of the cameras is As a father of four, with four out of four on the roads, I paramount if we continue to use them so that people am aware that having so many young people on the can have faith in the system. The Victorian roads is a great risk that we are all challenged with. Auditor-General’s report also said that if anything is Whatever the government can do to minimise risks on

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3020 ASSEMBLY Thursday, 1 September 2011 the roads is a great thing, and this bill is another so galling is that the coalition has failed to renew the example of that. The coalition government has brought Arrive Alive strategy and has axed the road safety in some other laws, including antihoon laws, and it has experience centre. This was a $50 million commitment raised many other issues about public safety and safety from Labor to establish an innovative and on the roads. We are clearly not running away from the world-leading approach to road safety, upholding one issues; we are going to address them head on, and this of Victoria’s finest traditions. is another example of that. We need to have faith and trust that the speed cameras are correct. This bill will go The approaches by Labor were evidence-based and a long way towards achieving that. supported by research and advice from experts. In spite of the evidence, in spite of the research, in spite of a I will quote from the section titled ‘Evaluations in supposed commitment to bipartisanship, the coalition Victoria and other jurisdictions’ in the has waged a campaign against Labor over road safety Auditor-General’s report, tabled yesterday, which says: that has jeopardised the lives of Victorian families. We know that speed accounts for one-third of the fatalities Road safety cameras have been extensively evaluated in on our roads and causes one-third of all accidents. Victoria and other Australian and international jurisdictions. These evaluations have consistently found that the use of road Speed is the most pervasive cause of road trauma. Even safety cameras is associated with: in accidents that were not caused by excessive speed, it is speed that determines the severity of nearly all road reductions in crash frequency and severity injuries. reductions in excessive speeding The stakes in this issue could not be higher. It is a tragic increases in compliance with speed limits. fact that those who suffer most from speed-related incidents and trauma are the most vulnerable road We can see from the Auditor-General’s report that there users — motorcyclists, cyclists and pedestrians. is evidence that we are moving in the right direction. Research conducted by the Monash University The integrity and faith in the system that will now be Accident Research Centre has found that no single restored will go a long way towards seeing that people approach works in isolation. Any effective strategy to feel comfortable with this bill. I commend the bill to the address road safety must include education, punitive house. measures and investment to improve road conditions. Mr McGUIRE (Broadmeadows) — I rise to join This is the same research that validated Labor’s the debate on the Road Safety Camera Commissioner investment in the world-first road safety experience Bill 2011. Labor will not oppose this bill, but it has centre. This centre was to conduct programs that would serious concerns because this legislation applies the highlight the risks of road use, provide insight into Baillieu-Ryan regime’s signature approach — living with the effects of road trauma and simulate the superficially populist replies to issues that demand an effects of drugs, alcohol, distractions and sleep enlightened response. This time it is a matter of life and deprivation on driving performance. This innovative death, because speed kills. The coalition is establishing approach would have saved lives if it had not been axed a road safety camera commissioner. The purpose is not by this ruthless regime. to enhance road safety, it is not to change driver The effectiveness of road safety cameras was also behaviour and it is not to save lives. The commissioner highlighted by the Monash University Accident is a part-time officer who will conduct reviews and Research Centre. These findings have been reinforced assessments, undertake investigations and receive consistently by the results, by the TAC (Transport complaints. This is the Baillieu-Ryan regime’s grand Accident Commission) and by Victoria Police. The plan for road safety. This is not a policy; it is another effectiveness of road safety cameras is based on visible stunt from a rolling PR machine masquerading as a deterrents at fixed locations and major intersections, government. The Baillieu-Ryan regime stands and it crucially hinges on the unpredictability of mobile condemned for its premeditated tactic of undermining speed cameras. Driver behaviour is only changed when the safety of Victorian families. Its members are failing every vehicle parked on the side of the road could their highest duty as parliamentarians. potentially contain a speed camera. This is the critical The Auditor-General is the judge. His findings, tabled defining point of this strategy to help save lives. Any yesterday, effectively condemn the coalition as an outfit strategy for road safety, despite the complexity of the that ruthlessly pursues political self-interest ahead of policy area, can be distilled into one simple question: the public interest, even when the lives of our children will it save lives? Will the introduction of a road safety are at risk. What makes this superficially populist stunt camera commissioner save lives? No. Will it change

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Thursday, 1 September 2011 ASSEMBLY 3021 driver behaviour? No. Will it do anything to improve In the same article, though not as brazen as some of his road safety? No. colleagues, then opposition leader and now Premier, the member for Hawthorn, said: And what did this repressive, regressive regime do as its first act on road safety? It completely undermined I hope speed is down, but it’s curious that speed camera the road safety camera system that has irrefutably saved revenue is up fourfold at the same time. lives and improved the safety of our roads. The The message was clear — despite the slippery Auditor-General’s report found that: language, the emphasis was on speed cameras … there are ongoing perception issues specific to the road increasing revenue instead of lives being saved. The safety camera program which demonstrate that the then shadow Minister for Public Transport, who is now management of negative public perceptions has not been the Minister for Public Transport and Minister for effective. This is despite the strength and consistency of the Roads, was reported in the Herald Sun of 29 September research evidence and the high level of confidence in the validity and accuracy of the camera system. 2009 to have said: Speed cameras are a treasured pot of gold for John Brumby’s The report also said: expanding coffers … Public opinion about road safety cameras is critical to the program’s credibility and ongoing viability. The Organisation In a same article, acting superintendent of the traffic for Economic Cooperation and Development recognises that camera office, Steve Frost, is reported to have declared: public opinion is a key stimulus to political will for road safety and concludes that political support for road safety Speed enforcement initiatives are underpinned by strong should be an integral part of a fully comprehensive road evidence and are primarily directed at reducing road trauma, safety strategy. rather than raising revenue ... This report was tabled on the same day that the Deputy Once in government, this outfit was able to take the Premier and the Minister for Police and Emergency final step in undermining this critical lifesaving system Services professed a bipartisan commitment to road and removing the single factor that makes it an safety. That is astonishing. The coalition has waged an effective tool for changing driver behaviour by inflammatory campaign to incite hip-pocket publishing the location of mobile speed cameras. This resentment, sustained by talkback radio and the tabloid was the reaction of an outfit that was still manipulating media. On 21 July 2006 the then Auditor-General, the media and the public for perceived political Wayne Cameron, was reported in the Age as saying: advantage and not a government concerned for public safety, which is its highest duty. We are satisfied that the speed enforcement initiatives are underpinned by strong evidence and are primarily directed at Simply put, the Road Safety Camera Commissioner reducing road trauma rather than raising revenue. Bill 2011 is a superficial stunt. It is the latest move in a In the same article then shadow minister for police and sustained campaign against road safety cameras from a now Treasurer, the member for Scoresby, undermined coalition that does not adopt positions on principle, this conclusion by declaring that the Auditor-General’s evidence or conviction but rather takes positions of report was ‘inconclusive’ and that the Liberal Party still political convenience ahead of public interest and, in believed cameras were being used to raise revenue. this example, even when lives are at risk. The coalition’s response to road safety completes an Mr Noonan — The Treasurer is inconclusive. established pattern of behaviour — a strategy that is calculated and executed with intent. What is even more Mr McGUIRE — I pick up that interjection. In disturbing is that the coalition knew and understood 2008 a report released by the Monash University what it was doing. This has been a premeditated plan Accident Research Centre found that average designed to incite hip-pocket resentment and turn the pedestrian fatalities of 140 to 150 per year in the 1980s public against road safety cameras while disregarding have now fallen to between 40 and 50 a year. Senior the highest responsibility of the government — that is, researcher Dr Bruce Corben said: the safety of its people.

That was a massive drop. At that time there was obviously This is much more than a confidence trick. It is a much public education but there was a 50 per cent increase in speed greater offence than reviewing a policy direction camera hours and there was a decrease in the tolerance applied to speed enforcement by speed cameras. because of new information or changed circumstances. It is an offence of the highest order, because what is at stake are the lives of our families. What is worse is that the government is still undermining the evidence-based

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3022 ASSEMBLY Thursday, 1 September 2011 strategy. It is still performing public relation stunts by has been a lot of talk about cameras not being calibrated publicising where speed cameras are located, which correctly. Perhaps they were out of whack, but now defies expert advice on saving lives. This makes the there will be an overarching person to look after all of government’s position untenable. It is expecting this to ensure that that confidence returns. The fourth Victorians to have amnesia. reason is to ensure that fines are issued only to drivers who break the law. That will also restore confidence. In question time yesterday the Minister for Police and But the best reason of all is the restoration of public Emergency Services finally confessed on behalf of the confidence in the camera system. That is the only way coalition that the findings of the Auditor-General’s the system can work. The commissioner will be report were that speed cameras saved lives and that the responsible for the oversight of fixed and mobile money raised was not used for revenue but was cameras — that is, intersection cameras, fixed cameras reinvested to improve road safety. This is the biggest on freeways and mobile cameras. It is interesting that political mea culpa we are likely to witness from this they will not be in charge of radar — that is the outfit, but it is not nearly enough. The Baillieu responsibility of Victoria Police. government is still risking the lives of Victorian families and the children of our constituents by There are four sets of safety cameras at intersections in continuing to publish the locations of speed cameras. the Bayswater district. It is amazing how varied they The Auditor-General’s investigation found that are in terms of catching people. Some people have publishing the weekly roster of locations is inconsistent popped into my electorate office and said, ‘I do not with the aim of speed cameras — that is, to deter think I have been fined correctly’, but often they have dangerous driving. This is not just bad public policy; not seen the road speed limit signs. There is one this is dangerous and reckless. The coalition stands intersection in Bayswater where the speed limit is condemned for playing politics with people’s lives. 60 kilometres an hour and not long after changes to 70 kilometres an hour, after you pass through that Mrs VICTORIA (Bayswater) — It is a great intersection. I think a few people press their foot further pleasure for me to stand today and speak on the Road to the floor before they get to the 70 kilometre-an-hour Safety Camera Commissioner Bill 2011. This is part of sign, and that is where they are being caught out. an overall strategy of the Baillieu government that we talked about before the election; it is one of the In the quarter from January to March this year the road platforms on which we were elected. It is amazing to safety camera at the corner of Burwood Highway and hear some of the contributions of members on the Stud Road in Wantirna South was responsible for opposite side of the chamber who think they have the 265 fines; the camera at the intersection of Boronia only solution. Sometimes it is good to be able to open Road and Wantirna Road in Wantirna was responsible your mind and know there are other alternatives. What for 245 fines; the camera at the intersection of we are doing is having an overarching strategy. This is Mountain Highway and Wantirna Road in Wantirna just one cog in that wheel. was responsible for 104 fines; and the whopper camera, which is in the area where the speed changes and We are reducing the road toll. This is not the only people are anticipating too quickly that speed change, method of doing it, but we want to ensure the safety of which I referred to earlier, at the intersection of motorists. This initiative is in line with the old adage of Mountain Highway and Scoresby Road was prevention always being better than cure. Road safety responsible for 3480 fines. That is the ninth-highest cameras save lives — we know that; we acknowledge figure for road fines in the state. A lot of those fines that — and when people slow down, people are less would not have occurred if drivers had simply been likely to die if there is an accident. We need to be watching the road. That again is part of the strategy — careful in how we go about opposing those who are that is, to make people more aware of their talking the bill down. surroundings.

The bill establishes a road safety camera commissioner I think there are other things we can be doing. There is and sets out the roles and responsibilities of the newly also a wet-film camera at that intersection, and it created position. There are quite a few reasons for this, detected only 299 infringements. It will be interesting to and all of them are valid. The first reason is to ensure see whether people are speeding or going through red greater transparency of the traffic camera system. The lights. A major criticism of the camera network is that second reason is to recognise that the integrity of the faults may go unchecked for some time, certainly until system is critical to its success. The third reason, which a motorist challenges a fine. is one of the main reasons for establishing this position, is because people have lost faith in the system. There

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Thursday, 1 September 2011 ASSEMBLY 3023

One of the responsibilities of the new commissioner organisations I have found this to be true — is giving will be to ensure that all cameras are calibrated and kept children who are about to apply for a licence the gift of in good working order. It is interesting to note that at defensive and advanced driving courses. As we are the moment the compliance rate is high: it is about talking about prevention rather than cure, this is a good 98 per cent. The cameras are doing a good job at the link in that puzzle: we need to teach kids that they need moment. There was a lot of controversy about that, so to be looking at what is going on around them and not they all had to be checked, and now we can have just driving around mindlessly. We know a lot of confidence that they have been calibrated correctly. accidents occur close to home because that is where Interestingly enough, none of the cameras at the people are most complacent. People need to be looking locations I have spoken about have had a problem with at their surroundings and making sure that there is their calibration. They have been checked, and they are ample room between their car and the car in front of fine. Having said that, it is imperative that appropriate them and that they are not speeding up to an mechanisms are in place to detect and fix faults as intersection so that if the light changes, they will have quickly as possible so we can ensure that there is public time to stop and not get a red light infringement. I can confidence in the system. confidently say that the Treasurer would gladly forgo all of the fines in this state if we could save lives A critical function of the new commissioner will be to because people were complying with the speed limits investigate systemic problems with cameras and ensure and the red lights and we did not need the cameras to that they catch only the people they are supposed to detect offences. catch. This will go a long way towards countering the perception that cameras are purely about revenue We have some wonderful strategies in place. This is yet raising. We can confidently back that up now with the another one to help restore confidence in the system. Auditor-General’s report, which says there is evidence Anything we can do to help save lives on our roads is to suggest that they do save lives. The commissioner commendable. This government has certainly gone a will not investigate individual complaints or intervene long way in the seat of Bayswater. We have already put in individual cases. The commissioner will be in place a couple of great initiatives for motorists and independent and impartial and make objective pedestrians, including the new light sequencing at the assessments. One thing the commissioner will need to corner of Mountain Highway and High Street, which do is report back to Parliament every year to make sure has just happened. That will save lives. A couple of that the process is open and transparent all the way pedestrians have been knocked down there, and now through. that initiative has finally been implemented. There is also the new right-turn arrow at the corner of Coleman One of the other things that is a good initiative is the Road and Stud Road, Wantirna South. Pedestrians have increase in the penalties for hoon driving. For a first also been hit there, and this new right-turn arrow is an offence the period of impoundment following seizure exciting and much-needed initiative that has already of a car has been increased. A car can now be taken been implemented. I am delighted that the Baillieu away from a hoon and impounded for 30 days. That government is putting the public purse where its allows time for the hoon to be affected by the seizure collective mouth is and we are making our roads safer and to perhaps think twice about doing it again. If they for all Victorians. are repeat offenders and are obviously not learning, then we have the ability to crush their car. I would Ms BEATTIE (Yuroke) — I thank the member for imagine that the first time some of those cars are Bayswater for the revision of history. It is like a crushed there will be a clear drop in hooning. It will be conversion on the road to Damascus. Victoria has interesting to see when that happens. always been a world leader in road safety. Victoria has introduced a range of road safety measures to reduce I have occasionally had constituents query the accuracy road trauma and, most importantly, save Victorian of the cameras in my area. I am confident that the speed lives. Some of the measures that been implemented cameras in my electorate are working effectively and include the compulsory wearing of seatbelts, random efficiently. The example of the intersection of breath testing, drug testing and building safer roads — Mountain Highway and Scoresby Road highlights the and I hope that continues with the building and inability of some motorists to understand where the duplication of Somerton Road, which the member for 60-kilometre speed limit kicks in and where the Broadmeadows talked about this morning. The member 70-kilometre limit kicks in. for Bayswater said there is a suite of things for road safety, so perhaps the duplication of Somerton Road One of the things that a lot of parents are doing these will be in that suite of things that are on offer from the days — and from talking to one of the training government. Other measures include highly visible

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3024 ASSEMBLY Thursday, 1 September 2011 public advertising campaigns. The former opposition safety cameras work, but what did members of the said that they were a waste of money and that messages Liberal Party, along with their shock jock mates, have about road safety and WorkCare were Labor Party to say? On 5 August 2003 the member for Polwarth advertising, so now we have seen the revision of made his views about speed cameras very well known. history. He said that they were simply about revenue raising, and the Liberal Party re-emphasised that time and Ms McLeish interjected. again. However, the member for Polwarth, now the Minister for Roads, did not say it just once. In 2007 in Ms BEATTIE — When the member visits her the Sunday Age the member for Polwarth is reported as electorate and can see the signs by the side of the Hume having said: Highway, that will be a good thing. Road safety cameras, of course, are another measure. Victoria has The Bracks government uses the term ‘road safety camera’ to been a leader in that, and it was done with bipartisan deflect attention away from what Victorians see as a speed support, but that bipartisan support was thrown out the camera revenue-raising bonanza. window when the coalition government, along with its That is twice he has gone down that avenue. In 2009, in shock jock mates, just trashed it. We have the his own media release, the member for Polwarth Auditor-General’s report, which says what Labor has referred to speed cameras as ‘fixed cash register been saying all along about speed cameras: they are revenue raisers’ and then described the previous effective; they are a safety measure and not revenue government’s use of road safety cameras as ‘a dash for raisers at all. cash’. But then the sun rose on 27 November and all I will provide some of the figures. In 2006 there was that changed, and now these are wonderful things and it 75 868 hours of mobile speed camera time, which was always a good idea to have them. The member found 10.12 offences per hour. By last year there was must have a lump in his throat as he says those words. 196 810 hours of mobile speed camera time, but the He comes in here and does a complete backflip on number of offences per hour was down, equating to cameras and road safety. 6.35 offences per hour. That shows the effect of that What we need is that overarching suite of things to great strategy under the Labor Party. The proportion of improve driver behaviour. To improve driver behaviour vehicles travelling more than 10 kilometres an hour you have to have consistent messages and you actually over the speed limit also dropped to less than 0.7 per have to have a strategy. Where is the Arrive Alive cent of the total offences recorded by speed cameras in strategy? For goodness sake, bring it back. People 2010. That is the lowest figure ever recorded. But that know about it, they understand it and the message does is not enough. get through. It will be Labor that continues to bring Earlier this year Labor launched Below 200 By 2010 members of this government to account to make sure because we want to keep the momentum going; we that they are on focus and saving lives, and we will want to keep saving lives. We want the figure to be continue to aim to bring down the road toll. under 200 and we want to continue to drive down the The member for Broadmeadows talked about an event road toll and ensure that young drivers are given the last week where the Leader of the Opposition came out right tools to enable them to learn good habits. The to have a look at a very dangerous road. I issued an member for Bayswater talked about the gift of a invitation to the Minister for Roads. I did not ask him to defensive driving course, particularly to young people. come out at a certain time, but I asked him to reply to The jury is still out on defensive driving courses. A lot me within 10 days saying whether he would come out of road trauma experts say that they give young people at some point in time. I understand the minister is a a false sense of their own ability. They go to a very busy man, but I asked him to reply to me within defensive driving course, there is a set course on a 10 days to say whether he could come out and visit this track — they do the courses at Calder Park Raceway — site at some time in the future. and they respond to different things. But when a young driver gets out on the road the response is not the same; If you look at Melway, you will see that this appears to there is traffic all around and there are things going on. be just a normal, straight road. However, when you get The jury is still out on their value, so I would ask out there and have a look at it you see that there are people to consider what the trauma experts say when three huge hills along Somerton Road, which is an they are considering defensive driving courses. unshouldered road; it is like a goat track. There are B-doubles racing up and down there. Did I get a reply I turn to the Auditor-General’s report. It confirms what from the minister? I had some local people waiting to Labor has been saying for years, which is that road meet him, and I have not even had the courtesy of a

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Thursday, 1 September 2011 ASSEMBLY 3025 reply. It is now about 20 days later. I call on the and from Lakes Entrance to Cann River, through the minister to give me a reply to my question of whether Orbost township — that have very high crash rates and he will come out and look at the road at some point in completely unacceptable fatality rates given the amount the future. We will fit in with his time, and I am sure of traffic that travels along those roads. There have the member for Broadmeadows will adjust his been ongoing issues for quite a long time. schedule, and we will have a look at it. While we are there we could see the B-doubles. It was pleasing that on a recent trip to my region the Premier announced that there will be funding for Even though VicRoads has reduced the speed limit on Princes Highway upgrades in my electorate between the road, it is impossible to stick to that speed limit. If Stratford and Bairnsdale and between Orbost and Cann there is a B-double with a lot of weight coming up River. These announcements by the Premier were very behind you, it is impossible to stick to the speed limit much welcomed and were very well received at the on that road. It needs signalisation and duplication. It is function he was attending; however, there is also a an important part of Labor’s vision of creating jobs in strong recognition that we need to have in place a lot the north, but it is also an important part of saving lives. more deterrents. One of those deterrents is harsher Tragically, just over a year ago, a woman was killed at penalties for hoon drivers, which is something that this the intersection. I personally have witnessed two government has introduced, and it is a move which I accidents there, but we have a government saying, ‘Oh certainly applaud. well, everything will be right now. We now accept that speed cameras are good things, and everything will be The need for additional deterrents on our roads was hunky dory’. highlighted even this week; when I was driving down to Parliament on Monday I heard police reports of a Unless you put those other things into place — driver doing 199 kilometres per hour on Gippsland improving the roads, an Arrive Alive strategy and roads. You would wonder what gets into the heads of keeping the enforcement going — things will not be these people — I can assure you it was not a member of hunky dory. There will continue to be more lives lost The Nationals. This is where the camera system plays a and more empty places at the dinner table. I urge the key role in addressing these sorts of behaviours. As has government to spend more money on roads, to been referred to by previous speakers, the reintroduce the Arrive Alive strategy and to keep up the Auditor-General’s report found that road safety enforcement. cameras do improve the behaviour of road users and reduce speeding and crashes. The reality is that the Mr BULL (Gippsland East) — As we have heard, camera system helps us to take hoon drivers and this bill establishes the first independent Victorian road dangerous drivers off our roads, and they make it safer safety commissioner, and in doing so it fulfils another for members of the general community when they election commitment. This will promote increased travel — there is no doubt about that. transparency of our road safety camera system. It has become apparent in recent years that there has not been It is therefore important that the community has a high a lot of public confidence in the accuracy of the camera level of confidence in what is a transparent and an system. We have read a lot of reports about this in daily accurate system. The Auditor-General’s report media over a period of time. This bill will result in the highlights aspects of the program that could allay restoration of that confidence. negative public perceptions about the integrity of the system. The report highlights the lack of past It is critical that the public have confidence in our road evaluations of the camera system and the failure of safety camera system, because when that confidence ongoing reviews and independent testing of the exists and people believe that cameras are accurate and accuracy of cameras. These are areas this bill addresses are catching the drivers that are doing the wrong thing, with the establishment of the commissioner. One area driver behaviour change does occur. To improve on which the report touches is speed camera locations accountability the road safety commissioner will and the relatively low number of sites where speed monitor and review the efficiency of the system and cameras can be set up. I think this is a very important also provide expert advice about road safety camera point. The report states that the narrow scope of where operations, as we have previously heard. speed cameras can be set up can allow drivers who regularly travel on those roads to identify those sites The camera system plays an important role in keeping and adjust their behaviour accordingly. I think this our roads safe, particularly in rural areas. In my raises a very pertinent point, which is that we need to electorate of Gippsland East we have long stretches of give consideration to having more sites. That is the Princes Highway — from Stratford to Bairnsdale

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3026 ASSEMBLY Thursday, 1 September 2011 something in this report with which I certainly agree need better communication around the importance of and which I think should be further investigated. road safety cameras to address misconceptions about the program. The scope of the road safety commissioner will take in all facets of the camera network and will involve three Another important initiative that is relevant, particularly key roles. These roles include quality assurance and in my electorate and my neighbouring electorate — that reporting functions, which involve an assessment of the of the member for Morwell — is that a review of speed system every 12 months to make sure it is operating zones is now under way. In my relatively short time efficiently and achieving public confidence. The second representing my region I have had representations from role will be to review the functions of the system and to a number of community groups and individuals who publish findings and recommendations, so that there have raised concerns around speed zones, particularly will be plenty of openness and transparency. Thirdly, in some of the smaller towns along the Princes and very importantly, there will be a complaints Highway. I have had strong representations from the management function. This will not look at individual people of Genoa, who believe the lifting of speed zones issues — there are already avenues in place for those has created an unsafe traffic situation. I have had strong with individual issues to have those addressed — but it representations from the people of Stratford on this will investigate complaints against the system itself to issue. Those who are familiar with Stratford will know make sure that it is running smoothly and effectively. that the Princes Highway runs straight through the middle of that small town. That means it runs through Another important aspect of this bill is that the the middle of a retail centre where a lot of people cross commissioner will remain independent and impartial the street. I have also had representations from people and will report to Parliament annually. Those who run in the small township of Bruthen, who have a similar camera systems will be under the full scrutiny of the problem. Although it is not on the Princes Highway, independent commissioner. This bill is about increasing high volumes of traffic run through the town centre. the transparency of the system and giving the These representations show that the community community more faith and confidence in it. That generally has a terrific conscience and awareness in confidence will be improved by the presence of the relation to the importance of road safety issues and the commissioner in his new role. As I touched on earlier, importance of making our roads safer. one of the biggest issues has been the accuracy of some of our past speed camera systems. It is clearly very I am very pleased to say our discussions with VicRoads important that while the commissioner has an have been fruitful. We now have this review of speed undertaking to check the accuracy of speed cameras at safety zones taking place that will look at all the areas least every 12 months, should concerns be raised the along the Princes Highway in the far east of the state. A commissioner has the ability to conduct his own review is certainly needed. Obviously I am hopeful that investigations at any time. the outcome of the review will be the addressing of a lot of the concerns that have been raised by constituents We hear daily of the trauma on our roads. I know that and groups within my electorate and that those people there would be a number of members in the house who, will feel that they have been listened to, that their like me, have lost very close friends or family members concerns have been addressed and that appropriate in road accidents, so it is pleasing to hear that there is outcomes will be put in place. very strong bipartisan support for stronger and more effective measures to make roads safer. This legislation I believe this is very important legislation. This is a is about improving those road safety control measures, proactive move by this government. As I said earlier, it making sure they operate more effectively and does deliver on a commitment made by the previous improving community confidence in the system. government, and it is one of many commitments, including our hoon driving legislation, that we have Another couple of important things noted in the introduced to make our roads safer for all people and all Auditor-General’s report are that road cameras focus on road users, who should be able to use our roads with a safety outcomes and that infringements are issued high level of confidence. I commend the bill to the where there is clear evidence of speeding or red-light house. running. We acknowledge that we have to tighten the system up a bit to ensure that it is more accurate, but Mr HOWARD (Ballarat East) — Road safety is a that will happen. Revenue from infringements is very significant issue. We all know that road crashes allocated to the Better Roads Victoria trust account, have affected so many people across our community in which provides better infrastructure and a better such traumatic ways over the years. There have been environment for road users to utilise. However, we also too many traumatic deaths and injuries as a result of

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Thursday, 1 September 2011 ASSEMBLY 3027 things that could have been done differently to avoid can kill’. I know I have been frustrated in the past when those crashes and events. It is important that any I have been sent a penalty notice. Fortunately it has not government take action to support a whole range of been too often, and I was pleased to see I have had the activities to enhance road safety measures. last three years clear of penalty notices. But each time it has happened to me, I have been annoyed. It hurts to I am certainly proud to have been a part of the Bracks get a fine when you think, ‘I could have used that and Brumby governments, because in the time that we money in so many other ways’, but the message that were in government so much was done to implement has to be taken out of getting a penalty notice is: watch actions that would save lives. In fact we saw the toll of your speed, keep it down, and be pleased it was a injuries and deaths on the roads reduced in our time in camera you came across and not a person that you hit government as a result of a broad range of activities, on the road. including education. We know education is important to keep those messages out there. That includes those It has been interesting to see what the former TAC advertisements. The then opposition periodically opposition, now the government, has done over the complained about our advertising campaigns, but we time that I have been in this house. We have heard from know the TAC ads have been a very important part of other members of the house that the community did not an education program, as have so many other aspects, have confidence in the speed camera system. Those such as programs in schools and across the community. members did not state the reason for that. The reason The Arrive Alive campaign overall has been important people did not have confidence in the speed camera in supporting road safety over the years. system was that while in opposition members opposite kept pushing that lack of confidence line. The new Another important activity is roadworks. Obviously we Minister for Roads was one of the worst culprits. We knew funding had to be spent on roads — and it was know that on so many occasions he made the spent on roads — to make them safer in so many ways. comments in this house and to the media — for I can think of many sites across my electorate where example, in August 2003 — that the speed cameras roadworks have been undertaken over the last 11 years were ‘simply about revenue raising’. On other to make roads safer. Whether it was widening the roads, occasions he emphasised those issues where people putting in flashing ice-detecting lights near Daylesford who were complainants wanted to blame the and other parts of my electorate, or putting the wire government and were saying, ‘I was caught for rope barriers along the Western Highway, a great range speeding, and it is the government’s fault’. When he of things have been done to make the roads safer. was in opposition the Minister for Roads came out and frequently said things like this, which was reported in However, we know that as part of that we need to the Age in 2007: emphasise the message that speed can kill and that it is important to reduce speed. Of course our government The Bracks government uses the term ‘road safety camera’ to brought down the speed limit on urban roads and deflect attention away from what Victorians see as a ‘speed around schools. As a result of doing that we saw the camera revenue-raising bonanza’ … number of pedestrians hit and killed by vehicles come So if there was a lack of community confidence in down, and people could feel safer in their own speed cameras, the former opposition was clearly a residential communities and around schools. Some culprit in throwing more fuel on the fire in that regard great things were done under the former government to rather than coming back to people who were upset progress safety issues and to try to make people safer in about being penalised and saying, ‘Think about it and and around the roads. We need to have police maybe you won’t be penalised next time if you can enforcement as a part of that. We need to have a range watch your speed and keep it down and keep safer on of actions the police can follow up to ensure that people the roads’. That is the key message we want to get out who are doing the wrong thing and people who have there. not got that message do get the message. Two things happened in the this house yesterday. One Speed cameras were an important part of getting that was that the Auditor-General’s report on speed cameras message out there. As a member of Parliament was released. It is fascinating to note that the Deputy periodically I had people ringing my office saying they Premier was then able to say in this house: were annoyed that they had been picked up for speeding when they had only been doing so many The first thing to be said about this report is that its findings kilometres over the speed limit, whether it was 4, 5, 6 and conclusions confirm that cameras save lives. It confirms or 7 kilometres over. I had to say to them, ‘The fact is that the operation of the camera system in Victoria is an integral part of the overall enforcement of our speed laws, and that you were travelling over the speed limit, and that it particularly reflects on the fact that about 30 per cent of

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deaths on our roads in Victoria last year were the outcome of Ms McLEISH (Seymour) — I am pleased to excessive speed — that is, about 100 people died on Victorian contribute to the debate on the Road Safety Camera roads last year as a result of excessive speed. Commissioner Bill 2011. I commend the Minister for That is what the Deputy Premier said in the house Police and Emergency Services for introducing this bill, yesterday. He acknowledged all of the things we had which will see the establishment of the first-ever road said in government, such as that the speed cameras safety camera commissioner. The opposition should get were primarily about getting the message out to people used to the coalition putting first-ever initiatives on the that if you speed, you might be penalised; and if you are table. They demonstrate our wide-ranging thinking and penalised, the message to take from that is: do not the broad group of people we have putting some speed, keep it down and recognise that the speed limit fantastic work together. is there not just as an advisory notice but because it enforces a safety message. It is a speed limit too, and Firstly I will touch on the objectives of the bill. It that means you keep under the limit, not around that establishes the office of road safety camera speed. You really have only yourself to blame if you commissioner and increases the transparency and travel at excessive speed and you are fined. accountability of Victoria’s road safety camera system. The commissioner, as he or she will be known, will The other thing that happened in this house yesterday monitor and review the integrity and efficiency of was that the Minister for Roads was asked in question Victoria’s road safety camera system. The time why the redevelopment of the Arrive Alive commissioner will be a credible expert who will program was 10 months overdue. The minister said: provide independent advice to the government. The bill covers fixed, mobile and point-to-point speed cameras; There will be further work done and further announcements it does not cover the use of hand-held radar guns, which made as we go forward. But it will all be about action. are under the direction of Victoria Police. Yet this is the first road safety bill that has come before The first point I wish to comment on is the the house. It is not about action to save lives. It is really independence of the commissioner. I note that the about action to tidy up the mess that the opposition commissioner will not be a mouthpiece for the helped to create by causing people to have doubts about government but will be independent and appointed by the effect of speed cameras. We know from the the Governor in Council. That is important. The Auditor-General’s report that they are effective, but the government will uphold its commitment to set the government’s first action to address speed on roads is to commissioner at arm’s length. We have already seen pay somebody to be the Victorian road safety camera the Minister for Police and Emergency Services commissioner and to oversee the speed cameras. demonstrate how he can keep at arm’s length from Taxpayer dollars will reinforce the message which Victoria Police when it comes to policing issues. He everybody in this house knows and which was has said on several occasions that it is important that he re-emphasised by the Auditor-General’s report not make some of these decisions, as they are decisions presented yesterday: speed cameras are there to address for Victoria Police. He has demonstrated that on those speed issues and to make roads safer. occasions, and I have every confidence that he will do We do not really need a camera commissioner; what we the same thing with the commissioner. This need is more action to make our roads safer. We need a independence will see the commissioner free to publish suite of initiatives. We need to have the Arrive Alive what he or she sees fit in providing this credible, expert campaign properly updated. I have asked the Minister advice. The commissioner can also be expected to have for Roads about installing flashing signs with speed a strong consultative relationship with the public as cameras ahead of the school crossing on the road to well as the minister when required. Buninyong, where people might speed as they drive Why did the bill need to be introduced? It was no secret down the hill. We want those signs to advise people that the public’s confidence in the road camera system that they are approaching a school crossing and should was absolutely shot. We have heard many times from reduce their speed. People are also concerned about this speakers on this side of the house that the public was issue regarding the school crossing at Meredith. outraged about what was happening. People perceived I want to see action from the minister, as he has the system to be failing. It is important that the bill promised. I want him to do things to reinforce the speed establish the system’s credibility and restore its message to make school crossings and all our roads integrity and honesty. We have delivered on our safer. election commitment to provide greater transparency around the state’s road safety camera system.

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I will reflect on the opposition for some time. Today important to understand that there has not been a lot of Labor members have continually blamed the coalition research done on point-to-point cameras and there is when in opposition for creating some of the lack of not a lot of evidence about their accuracy. confidence in the road camera safety system. I do not see that opposition members did much to restore the The reason I am quite concerned is that I have a number faith when they were in government. They say the of cameras in my electorate — on the Hume Highway perception of this issue is poor; I do not see what they at Beveridge, at Wallan East and at Broadford. They are did to change that perception. The perception that the northbound and southbound point-to-point cameras road safety camera system was in a sad and sorry state which have not been active since October 2010 because did exist, but members of the opposition were unable to they were identified as having a software glitch. The do anything at the time to change that perception. role of the commissioner will be to look at some of Despite all their rhetoric today, they did not do anything these glitches, and although the figures for camera to allay the public’s fears and improve the public’s problems show that they affect 9 out of some 68 000, I understanding of the system. The Auditor-General’s have had many queries from constituents in my area report talks about communication, and perhaps if there about what is going on with them. They ask, ‘Are they had been a greater level of communication by the then accurate? When are they going to be reinstated?’. It is government, things might not have got to the point they not just constituents who call me, the media has also did. been very interested. There has been limited evaluation around the point-to-point cameras. I know there is only I will return to the bill and talk about the roles of the one measurement device on them, which is different to commissioner. The commissioner will have three key the situation with fixed and mobile speed cameras. roles — quality assurance and reporting; investigations and review; and complaints management. Regarding When we look at the communication out there at the quality assurance and reporting, the commissioner will moment, there seems to be a huge lack of available have a whole-of-system monitoring function. That is information for the public. At the briefing the about looking at the big picture, not looking at the Auditor-General provided yesterday, it was news to me system bit by bit. There will be regular whole-system that every speed camera has two points of reviews and assessments. The commissioner will be measurement. Perhaps if the public understood some of required to report annually to Parliament on the these things, their perceptions about speed cameras adequacy and appropriateness of the camera system, might be altered. But I did not see the opposition, when including whether the cameras are properly calibrated in government, doing anything to mention those facts. I and in good working order. Regarding the am sure there were a couple of people at the briefing investigations and review function, the commissioner yesterday who also raised their eyebrows at that will have the power to undertake investigations into information; it may have been news to them as well. I matters relating to the integrity, accuracy and efficiency think there is some work to be done on the of the road safety camera system. communication system. The other thing I found quite interesting was that both measurements need to be Finally, regarding the role of complaints management, within 2 kilometres of each other. Again, it would be it is important to understand that this is not about every good if the public understood that, and perhaps the individual gripe with the system. People might think, former government could have done some work around ‘Fantastic — I have a complaint about this particular shaping and changing those perceptions. camera, so I will go to the road safety camera commissioner’. The role of the commissioner is more I want to talk about the incidence of road deaths in the about seeing the bigger picture by putting all that country, which is disproportionate to the number for the information together and collating the data — and if state as a whole. Of 288 lives lost last year, 163 were on there are 15 inquiries about one camera, that might send country roads. I think it is really important that we the commissioner the message that he or she should continue to work with the public, and with country undertake a review of that particular camera. drivers in particular, on things that will help to change attitude and behaviour. Some people in the country may I want to return for a moment to the Auditor-General’s have a more relaxed attitude around speed and speed report, which states that road camera speed monitoring limits, and this bill is a great first step in bringing about saves lives. I want to talk about the point-to-point some change. system, because while the Auditor-General is clear and categorical around the system of fixed speed cameras Mr Delahunty interjected. and mobile speed cameras, the issue of the point-to-point cameras is a little less clear. It is

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Mr SCOTT (Preston) — I do not usually respond to The Bracks government is using the term ‘road safety interjections, but I must commend the thoughtful camera’ to deflect attention away from what Victorians see as a ‘speed camera revenue-raising bonanza’ … interjection from the Minister for Sport and Recreation, who is at the table. It was perhaps unrelated to the bill, It is worth reflecting on the Auditor-General’s report, but it was germane to our mutual wellbeing. which I think was referenced in the second-reading speech. The Auditor-General’s office serves our The opposition is not opposing the Road Safety Camera community very well. If members turn to pages 62 and Commissioner Bill 2011. It is a bill that establishes the 63, they will find a reference to common office of road safety camera commissioner and misconceptions. The report refutes the misconceptions provides for the appointment, functions and powers of quite forcefully. The first misconception is that ‘the the commissioner. In speaking in this debate it is purpose of the road safety camera program is to raise important to put it in the context of a previous revenue’. That is something that has clearly been campaign that was run, frankly, to take political alluded to and, frankly, exploited by the Minister for advantage around the issue of speed cameras. It is also Public Transport. important to take note of the Auditor-General’s report, which was tabled in the Parliament this week, and I was I will read from the comments of the Victorian lucky enough to attend a briefing on it. Auditor-General’s Office about misconceptions, which appear at pages 59 and 60. The summary states: The debate around this issue reminds me greatly, and will remind those who are of a more literary bent, of Government and departmental documents consistently state Winston Smith working at the Ministry of Truth and the purpose of the road safety camera program is improving saying that Oceania had always been at war with road safety outcomes and that decisions around camera siting are based on improving road safety outcomes. Eurasia. Since the report was released we have heard ministers and government spokespeople endorsing the Operational procedures limit the total potential revenue report and stating that road safety cameras are accurate generated by the program. and that the system is in good shape. This has not Let me reflect on that for a moment. It is very clear always been their position. Like airbrushing Leon from the Auditor-General’s report that road safety Trotsky out of a photo of Lenin speaking to Soviet cameras are there to protect the public. They are there troops in a square in Moscow, we have had a to reduce the incidence of road traffic accidents — and, retouching of history. The history of this debate is, to be frank, these are not always accidents; they are sadly, one that reflects upon the willingness of some to often due to people acting in an irresponsible manner. tread on ground that, frankly, I hope when they The Auditor-General makes it very clear that the road contemplate these issues they will be less willing to safety camera program is there to protect the public and tread again. to ensure that more Victorians are alive and free of As members of Parliament and active participants in the serious injury. political process we can all for populist purposes take I hope all members reflect upon the necessity to be advantage of issues that go to the safety of our careful when dealing with these issues, because the community, or we can choose to base our positions on consequences of the bad public policy that is generated evidence for the benefit of the community and to from populism can mean that more Victorians suffer protect the lives of the members of our community. In the consequences of road traffic incidents. That is a road safety people have spoken about a bipartisan very serious thing. When we make public policy position, and that is where this debate should be. But decisions that are not based on the best evidence and do that has not always been the case, because some have not produce optimal outcomes by ensuring that there been willing to step down another path. Some have are fewer road traffic incidents, then, as a class of been willing to take advantage of the debate for cheap individuals who are engaged in the political process, we political purposes and in order to advance causes that do not serve the interests of the Victorian community, do not reflect the best evidence of what road safety and that is a very serious thing. This could not be a should be about and to feed fear and distrust of road more serious issue. safety cameras for political purposes. Then we look at the Auditor-General’s I note that the Minister for Public Transport has made a recommendations and particularly at the number of statements, including saying in 2003 that recommendation relating to the publishing of speed road safety cameras are simply about revenue raising. camera locations, especially in rural areas. This is an In 2007 in the Sunday Age he is reported as having said: initiative of the current government, and the

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Auditor-General is critical of the policy. From memory Parliament than protecting the interests and safety of he states that it is not in line with the principles that the community. underpin the road safety strategy. That highlights the issue that, particularly in some rural and regional areas, Debate adjourned on motion of publishing this information can allow drivers to know Mr HODGETT (Kilsyth). that there are no mobile speed cameras in a particular area and that in fact there are no speed cameras at all in Debate adjourned until later this day. some areas.

The ability to access this information is not just at odds SENTENCING LEGISLATION with the principles that underpin our road safety AMENDMENT (ABOLITION OF HOME programs but it can create knowledge in the community DETENTION) BILL 2011 that there will not be any speed cameras in an area where members of the community could be driving. Second reading This is a very concerning piece of public policy. I Debate resumed from 31 August; motion of sincerely hope that no Victorian suffers from the Mr McINTOSH (Minister for Corrections). consequences of this policy, which appears at first blush to be at variance not just with the principles but Ms BEATTIE (Yuroke) — Once again Labor does with the research that underpins the road safety not oppose this bill, because although home detention program. was an initiative of Labor, law and order is a platform of the coalition government and it was elected largely The Auditor-General’s report also states that the on that platform. However, this bill is one part of a evidence and research shows that road safety traffic much larger law and order agenda of this government, cameras reduce the incidence of both death and injury. and it is important to note that the utility of this repeal This is a very serious point. There is nothing more must be measured in how the Baillieu government fundamental for a member of Parliament than ensuring actually delivers — or not — on its general claims and the safety of the community. It is one of the promises to make Victoria safer. fundamental roles that we undertake. We know that to date the coalition is not delivering on Where will the new road safety camera commissioner what it promised. It claims to have abolished suspended have a role in addressing systemic issues in the road sentences, but it has only abolished suspended safety camera program? One of the first things that sentences for three offences and for a further three could be examined is the issue of the publishing of the offences if they are not dealt with in the Magistrates location of cameras. It would be a very logical step to Court. It has broken its election promise to provide examine this potentially dangerous policy because the street-by-street crime statistics and data to Auditor-General’s report has highlighted the potential Neighbourhood Watch. problems that exist there. I think that would be a useful addition to public policy. I will talk about one of the big platforms of law and order, and that is around the police pay claim. The Far be it from me to say, but members opposite, who in reason the police pay claim springs to mind is that I was some cases have sought to exploit this issue, should at a meeting the other night. Usually at that meeting a reflect upon their actions and upon the need to establish police officer gives a Neighbourhood Watch report but, a policy based on the best evidence available. They much to the distress of people attending the meeting, should cease their desire to step down a path where that officer was not there, let alone armed with the some of the most serious issues that face our street-by-street crime statistics that the government has community are approached from a position of fanning promised. The police officer was not at the populist resentment which is at variance with the Neighbourhood Watch meeting because of the evidence available on how our community can best be industrial action being taken at the moment in support served. of the police pay claim.

The opposition is not opposing this bill, and I would Certainly if you asked the police if this government is hope that soon enough — because we have been delivering on its law and order promises, they would waiting a long time — we will see a comprehensive say no. I call on this government to get down and start road safety strategy from this government. There is negotiating with the police. It should get real on the nothing more fundamental to the role of a member of negotiations and settle this matter for once and for all. Members on this side of the house understand the

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3032 ASSEMBLY Thursday, 1 September 2011 argy-bargy of negotiations, but you have to get to a non-custodial sentencing option. I am not quite sure point where you are actually talking to people. I saw a what ‘with teeth’ refers to. report the other night in which the police said they have not had any contact — — The law relating to home detention is contained in sections 18ZT to 18ZZR of the Sentencing Act 1991, The ACTING SPEAKER (Mr Weller) — Order! I and we maintain that it was an important part of our remind the member for Yuroke that this bill is about criminal justice reforms. How does it work? Home sentencing and that she should be addressing the bill. detention is a prison sentence ordered to be served at home. It is available once a court has sentenced a Ms BEATTIE — I will get back to the bill. I thank person to a term of imprisonment for up to 12 months. you for your guidance, Acting Speaker. The In these circumstances a conviction must be recorded. government’s mirage on law and order is evidenced by Home detention is an alternative to ongoing growing confusion. I would like to go to a few of the imprisonment. The maximum length of a home statistics because they provide the background for the detention order is six months. The home detention order Sentencing Legislation Amendment (Abolition of is not in itself a penalty; it is a means of administering a Home Detention) Bill 2011. There was a startling penalty. It is important to note that the home detention admission by the Minister for Crime Prevention in the program is restricted to non-violent, low-risk, Public Accounts and Estimates Committee hearing that low-security offenders who meet the eligible criteria in the crime rate may not go down for 20 years. This is the act and who are subjected to an assessment, and with this bill before the house, so it is relevant to the they must have the approval of both family members bill. The government’s budget papers forecast an and co-residents; that is obviously important. The increase in rates of reoffending despite an eight-year program is limited to 80 offenders, and it operates only decline in recidivism under Labor. We think the within the Melbourne metropolitan area. coalition government has failed in its law and order agenda. This is hardly a ringing endorsement. Although the opposition views the abolition of home detention as a retrograde step, we acknowledge that it is As I talked about before, the background to the part of the coalition’s law and order platform. I do not proposed abolition of home detention orders was a understand, and perhaps there are many others who do coalition election commitment, which the government not understand, how by abolishing home detention and maintains will deliver greater consistency and certainty shifting the cost to the state, and perhaps incarcerating in sentencing. According to the coalition it will relieve people for a longer period, this is any sort of cost saving the impact of home detention upon families and the for anybody. To me it means that there will need to be corresponding pressure to consent to a home detention more jails built — and where will they be built? I order, and it will shift the cost of imprisonment from wonder if the coalition members will talk about that to families to the state. I do not quite get that point, us; I am not quite sure if that is their plan. because I understand that the more people who are incarcerated the more jails you have to build. I cannot This bill will go through this house on the numbers. As understand how this cost shifting is a good thing for the I said, there are a number of anomalies which require state. some explanation. Having said those few words, Labor does not oppose the bill. Mr Herbert interjected. GThe ACTIN SPEAKER (Mr Weller) — Order! Ms BEATTIE — Indeed. It is rude to take up Before I call the member for Morwell, I would like to interjections, and I have a lot to talk about — — make welcome the students from the Morwell Park Primary School. The member for Morwell is under The ACTING SPEAKER (Mr Weller) — Order! pressure! It is rude to take up interjections, so I ask the member for Yuroke to desist. Mr NORTHE (Morwell) — They are well behaved, Acting Speaker. Thank you for the opportunity to Ms BEATTIE — The government takes the provide some commentary on the Sentencing position that minimum sentences set down by a court Legislation Amendment (Abolition of Home should not be subverted by early release from home Detention) Bill 2011. The purpose of this bill as set out detention and that the parole system is the best method in clause 1 is to amend the Corrections Act 1986 and by which to transition an offender to release. Further, the Sentencing Act 1991 to repeal provisions relating to the government says it has indicated that home detention orders, and for other purposes. This community-based orders with teeth will remain a measure is one of many that the coalition government

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Thursday, 1 September 2011 ASSEMBLY 3033 has undertaken to ensure that those who are home detention. That is broadly how the scheme perpetrators of crime are dealt with in an appropriate worked. manner that meets expectations in the community more generally. There are two other aspects of the home detention program that I think are worthy of further comment. I The coalition has sent a very strong message with know that speakers on this side of the house mentioned regard to law and order and community safety, and it that home detention is available only within has done a number of things in government to enact 40 kilometres of the Melbourne GPO. That limits the legislation based upon those principles. We have seen program somewhat as it currently exists. That is one an increase in penalties on a range of criminal offences. point I want to make. Secondly, there are a number of The abolition of suspended sentences is another offences where home detention is not an option. They election commitment that we made, and we are include a range of offences such as a sexual offence, a ensuring that there are many more police officers violent offence, a serious violent offence or a drug recruited around the state — 1700 in total — and offence as defined under section 1 of the Sentencing 940 protective service officers who will protect not only Act 1991. Offences involving such things as behaviour people travelling on the Melbourne metropolitan of a sexual nature, the use of a firearm or prohibited network but also those in major regional centres. They weapon or stalking, amongst many others, are also are just some examples of what we have done as a included. coalition government thus far in enhancing law and order in this state. It is interesting to read some of the statistics for home detention orders over a period of time — how they have Other members have commented on the home been made, by whom they have been made and the detention program in Victoria and given a historical number of orders that have been revoked. The analysis. In 2004 the home detention program parliamentary library’s brief on this legislation outlines commenced in Victoria. The program was intended as a some of those figures for the period between 2005–06 diversion program for those who were deemed low-risk and 2009–10. We can see from those statistics that in offenders. During the course of a home detention 2005–06 the adult parole board made 35 orders, and program a period of detention was served at the that number increased to 87 in 2009–10. There were offender’s residence. We have heard speakers give 14 orders made by the courts in 2005–06, and in 2009– commentary on the cost impost back to the state 10 that number had decreased to 10. Over those five government as a consequence of what we are doing, but years a number of orders were revoked, reaching a high one must also be mindful of the pressures on people of 9 in 2006–07. who live within a residence where an offender is serving detention; there are enormous pressures on I understand the importance of the rehabilitation of those people, including family members. The offender prisoners, and no doubt that is paramount in the minds must remain at the authorised residence throughout the of us all, but I also think that when we are talking about program. They have to submit to a number of different this legislation we need to be cognisant of victims’ measures, such as searches of place and possession, no rights and their needs and expectations. It is interesting consumption of alcohol or drugs, breath testing and to read some notes from the library on the Sentencing unpaid community work to be undertaken where Advisory Council’s 2008 report on home detention directed, and of course offenders are subject to orders. The library’s report cites what the Sentencing electronic monitoring. Advisory Council said at that time:

There are two types of home detention orders in the It would seem that, at least in Victoria, sentencers do not view home detention as a direct equivalent to imprisonment. Media current operation, and they were outlined in the reports following the release of offenders on home detention second-reading speech. The first type of sentence is also suggest that victims have difficulty accepting home outlined under the Sentencing Act 1991, where a court detention as an appropriate substitute for a period of full-time may order that a sentence of imprisonment of not more imprisonment in some instances. than a year is to be served by way of home detention. That gives an overview of the views of the Sentencing The second type of sentencing is available under the Advisory Council with regard to home detention orders. Corrections Act 1986, which provides that the Adult It has regard to the victims of crime and how they Parole Board of Victoria may order that a might view home detention orders. minimum-security-rated prisoner who has served at least two-thirds of their minimum term of As outlined in the minister’s second-reading speech, I imprisonment within six months of their earliest release think it is the view of many with respect to the date can serve the remainder of their sentence under sentencing applicable to perpetrators of crime that jail

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3034 ASSEMBLY Thursday, 1 September 2011 should mean jail. That is a view that has been expressed discussion in the media, and have done for some years, to me over a period of time through my electorate about simpler sentencing, truth in sentencing, harsher office by many people, particularly those who sentencing and a whole range of commentary on the unfortunately have been victims of crime. sentencing issue at a time when crime rates in this state have been falling. What we know is that sentencing — This bill is another example of this government giving and this does not always come out in the media — is an effect to a policy commitment given by the coalition incredibly complex process. People think that if they government; it is one of many. A media release of know someone who has been a victim of crime or if 14 January 2010 from the then Leader of the they have ever been in a court, somehow they are able Opposition made it very clear that this was a policy we to comment on sentencing. People have many differing were taking to the election, and as members on the views on the process of sentencing and what they think other side have said, they can quite rightly hold us to is right. They may think there should be more of this or account on these commitments. This is just another less of that. There is more commentary on this one area commitment that we are delivering on. I will quote of public policy than on any other. from that media release, which in part says: Magistrates and judges are people who usually have a While Labor claims the scheme is only for non-violent very long history of involvement in court processes. offenders, some offenders can be released on home detention after having committed crimes including armed robbery, Often people who make commentary on cases are aggravated burglary or intentionally or recklessly causing people who have perhaps had some personal injury. experiences in a court. Almost anyone who has had a personal experience in a court, particularly in a criminal One would have thought that they were very serious case, is personally involved in the case. If you are a crimes and that home detention should not be victim of crime — and this depends on the crime — considered for those who perpetrate such activities. I there is almost nothing a court can do that will relieve guess in some sense we are saying that the home you of the pain of that crime. Victims have a say in detention program already had flaws in it with respect court processes, and so they should. My concern with to those very serious offences, given that the the abolition of home detention is that increasingly perpetrators of those crimes could have been given courts generally need more sentencing options rather home detention orders. The media release goes on to than fewer. By abolishing home detention we are say: removing a very small component of the raft of Drug addicts who have repeatedly committed burglaries to sentencing options that are available to our courts. support their addiction are also eligible for early release. At the moment something like 20 people are in home One could again say that those who committed crimes detention in Victoria. That is an extremely small cohort associated with drugs, armed robbery or aggravated of people who have been given home detention. Most burglary could possibly have been offered a home notably Derryn Hinch has recently received a home detention order. Further on the media release also says: detention sentence. His case is a good example and demonstrates that home detention has its place, Victims of crime need to have faith that the justice system whatever people might think of Derryn Hinch — and will provide sentencing that fits the crime. people have very different views on Derryn Hinch, I think that says it all. The legislation before us is not because what he did was fairly blatant. It was his only delivering on our election commitments but second offence in terms of that particular crime, so it providing some common sense. was inevitable that a court would look most unfavourably upon what he had done. The court saw Some amendments were put forward to the house the offence as fairly serious but saw him as a low-risk during the course of the week to ensure that the offender. He was not a person who was going to cause transitional arrangements for those currently on home any harm to an individual. He was a man who was detention will be recognised. Overall, this is another quite sick and recovering from a very serious operation. policy delivered by the coalition government around law and order reform. I commend the bill to the house. Had Derryn Hinch been sent to jail to do his time, he would have created a very difficult management issue Ms DUNCAN (Macedon) — I rise to speak on the in whatever prison he was sent to. He obviously needs Sentencing Legislation Amendment (Abolition of ongoing medical attention. Someone in jail would have Home Detention) Bill 2011. I must say that I am been required to administer his medical needs, because disappointed that the government has decided to abolish any jail has a duty of care to its prisoners. Derryn Hinch home detention. Increasingly we are seeing a lot of would have needed ongoing medical care and possibly

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Thursday, 1 September 2011 ASSEMBLY 3035 protection from other prisoners. There are a whole been any number of reasons for an offender not being range of management issues that probably would have offered home detention as a sentencing option. applied to him. I do not know this, but I surmise that would be the case. While in home detention Derryn Home detention is an example of a very small but Hinch is seriously restricted in what he can do. I successful program. It provides courts with a further believe, and the court obviously believed, home sentencing option. I understand that a lot of the issue detention was an appropriate sentence for him at that about home detention is about perception. I say to time. Sadly, if a similar case were to arise following the members who have been listening to information about passage of this bill, the home sentencing option would sentencing issues in recent days that one of the things no longer be available to a court. the courts lament is the fact that sentencing is not explained very clearly to the public. When we first introduced and set up the pilot for home detention some years ago, it was always viewed as an I would put this at the feet of the media on many option that would not be available to a lot of people. occasions. They do not often give the reasoning behind The criteria that were applied were quite restrictive. We sentencing, and with any sentencing option it is the looked at that some time down the track after that pilot reasoning behind it that is critical and that is where the project had expired. In 2008 we made some changes to courts direct most attention. Reporting what the the legislation that applied to home detention, and it sentence is is only one part, but the thinking and was made a stand-alone sentencing option. It was rationale behind a sentence and the evidence presented determined that home sentencing should be are rarely commented on in the media. As legislators restricted — and the Sentencing Advisory Council we have to be careful about introducing legislation and made a comment about this as well — to non-violent, making changes to programs that may appease low-risk offenders who required low security and met community concern but in effect do nothing to make us eligibility criteria. safer and just continue to sell some of those overly simplistic messages that the media has a tendency to In its 2008 review the Sentencing Advisory Council run with. looked at suspended sentencing and home detention. It made the recommendation that home detention be While we are not opposing this bill — and I appreciate recast as a custodial sentence in its own right, rather that the government went to the last election with a than being regarded and perceived as a substitute for a commitment to implement this measure — I think it is a term of imprisonment. That change was introduced by retrograde step. I do not think the bill will make the previous government under the Justice Legislation anybody safer. It may help the public’s perception that Amendment Act 2010. The council also proposed that the Parliament is being tough on crime, but what we as home detention orders should target offences of governments should be doing is trying to protect our medium-to-high seriousness and low-to-medium risk in communities and make them safer in reality. I know accordance with the needs of the offender. The council perception is important, but we have a duty to inform also suggested that the maximum duration for a home and educate the community about a whole range of detention order should remain at 12 months. These things, and sentencing is one of those issues where we were the changes that were made in legislation in 2010. need to do a lot more in terms of explaining to the community rather than engaging in knee-jerk reactions. Home detention is a small program. It has proved to be Courts need more, not fewer, options. very successful. There have been very few people who have been taken from home detention and sent Mrs FYFFE (Evelyn) — I am pleased to rise to elsewhere. There is a monitoring process. There was a speak on the Sentencing Legislation Amendment suggestion by the government that this was somehow (Abolition of Home Detention) Bill 2011. I totally causing families to become custodians of their family support the introduction of this bill. The intention of members and that their homes were being turned into this bill is to abolish home detention for all offenders. jails. Members would be aware that in order for a This will mean that neither the courts nor the Adult person to be eligible for a home detention order, their Parole Board of Victoria will be able to make new family must be consulted and give their approval. home detention orders. A home detention order that has When prisoners and offenders assessed for home already been made will be permitted to continue as per detention were found not to be eligible, my the original sentence. understanding is that the reason for their non-eligibility was never conveyed to the offender. If, for example, a The home detention program commenced in Victoria family member felt pressured to agree, that was not on 1 January 2004. I remember well when this ever made known to the offender. There could have legislation was first introduced into this house, and I

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3036 ASSEMBLY Thursday, 1 September 2011 spoke on the bill on 30 May 2001. During that speech I under HDOs have received their sentence from the quoted an article by Amanda George that had appeared adult parole board; the courts handed down only in the Age. It states: one-quarter of the HDOs. In 2008–09 the courts gave only 18 HDOs to offenders, and this trend continued It was after reading a Spider-Man comic that a New Mexico through 2009–10 when we saw the adult parole board judge decided to use electronic bracelets to monitor and control prisoners. The Victorian government’s electronic increase the number of HDOs issued to 87 while the home detention proposal, unveiled this week, is also a courts reduced the number of HDOs given to 10. creature of fantasy. It can be applauded only for its good intentions … In 2006 the Melbourne Centre for Criminological Research and Evaluation handed down a report on I think there were very good intentions on the previous home detention. The report found that many government’s part when it brought in this legislation. magistrates regard home detention as an inequitable and Previous speakers have noted that home detention is a unjust substitution for imprisonment. Despite the small part of the sentencing regime, and the number is rigorous conditions placed on the courts and the adult 574 in total, but it is about the perception and the parole board as to who is eligible to enjoy an HDO understanding in the community. How can we expect instead of hard time, some people of concern to the young people in our society to take responsibility for wider community have been allowed to serve their their actions and understand consequences if we as sentences from the comfort of their own homes. The legislators do not enact policies and introduce Department of Justice has revealed that burglars, legislation that says if you break the law, you will be thieves and drug offenders have been afforded the punished, and this is the punishment you will receive? luxury of HDOs. That luxury is that they are living in For too long we have stopped saying that, while we their home with their family, able to have visitors and have the freedom to make choices, for every choice dial up for a pizza or whatever it is they want to do. made there is a consequence, and the consequence for They are not really restricted to the area where they crimes that you have committed will be a specific live, the home and the surrounding garden. It has been a sentence. That is how it should be seen. The onus on a soft punishment. family to have to agree for a person to be able to serve home detention has been a poor part of the original Under our justice system, established by 1000 years of regime. The family could not say no even if they common law, the imprisonment of a criminal convicted wanted to because the pressure put on them by the by a jury of their peers is done subject to four core person who has been convicted and has served part of principles: isolation, punishment, deterrence and their sentence would be immense, and it is usually the rehabilitation. The notion of home detention can be woman in the house who has to carry that pressure. argued against on all four of these principles. Isolation of a criminal is justified by the need to prevent them Currently an offender is eligible for home detention if from committing more crimes for a reasonable period they have been sentenced to imprisonment for less than of time. Home detention, where criminals are free to 12 months and have not been convicted at any time of associate with family and friends in the comfort of their certain offences, including sexual, firearms or stalking own home, cannot be considered to be isolation offences or any offence involving violence or drug compared to a term of imprisonment. The punishment trafficking or sale. Other criteria for eligibility include of a criminal is justified by the needs of victims and the the consent of any residents the prisoner will be living wider community to seek retribution for the injustice with, the level of security at the house and the location experienced by them and to maintain social order. For of the house. In regard to parole, the adult parole board centuries a term of incarceration and subsequent can at the moment commute part of a prison sentence if deprivation of certain liberties has been considered by the offender has already served two-thirds of their the community a fair and reasonable punishment for minimum term. The adult parole board cannot make a breaking the law. A term of staying at home is not home detention for longer than six months, but a court accepted by the community at large as a punishment can make an order for home detention for up to equal to a prison term. 12 months. The deterrence of a criminal is justified by the need to Over the 2008 financial year 83 prisoners were released show the criminal the consequences of their actions as by the adult parole board into the community to serve well as displaying to the community that violating the home detention orders (HDOs). This equates to two law is unacceptable in society. Making someone stay at sentenced criminals per week being let out early under home for a period of time does not appear to be as Labor’s revolving door justice system. Roughly tough a consequence as imprisonment, to the criminal three-quarters of all convicted criminals who have been or to the wider community. The rehabilitation of a

SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011

Thursday, 1 September 2011 ASSEMBLY 3037 criminal is justified by the need to correct their ways critical issue that lies at the heart of this government’s and educate the criminal that society requires everyone trumpeting of this bill as a key centrepiece of its law to abide by the law so that the criminal may return to a and order approach. Like so much that this government useful life and not continue to commit crime. Of the does — or does not do, as is more often the case — this HDOs handed down by the adult parole board over the is a smokescreen and a facade. It is designed to make 2007–08 period, 8 per cent of criminals were returned the government look like it is delivering on its to prison for having failed to comply with conditions tough-on-crime commitment when in actual fact we see during the time at home, and that does not include the that the government’s law and order agenda can only be statistics for reoffending after the completion of HDOs. described as lurching from crisis to crisis. This shows that letting criminals stay at home is not an effective form of rehabilitation and does not prevent Let us take, for example, the list of law and order recidivism. achievements that the member for Morwell so proudly referred to in his contribution to the debate on this bill. We deserve a justice system where criminals receive tough punishment for breaking the law. Time and again The ACTING SPEAKER (Mr Weller) — Order! the media has reported the consensus of public opinion This is about sentencing, and we should stick to that home detention seems to be a soft punishment. sentencing. When a criminal needs to be punished but it appears that they are softly punished, society crumbles and Ms GARRETT — It is indeed, and law and order victims are more likely to resort to vigilante groups. I was a critical part of many of the contributions made in cannot emphasise enough that we have to show that, the house, including that of the member for Morwell while you have the freedom to make choices, if you when he talked about police on the streets and the make a choice to commit a crime, there will be a police EBA (enterprise bargaining agreement). I think, specific punishment. If you are caught and sentenced, while we are talking about what has been described in a there will be a specific punishment; you will not get the second-reading speech — — soft option of serving that punishment in the comfort of The ACTING SPEAKER (Mr Weller) — Order! your home. This is not about the police EBA, this is about Ms GARRETT (Brunswick) — I am pleased to rise sentencing. to make a contribution on the Sentencing Legislation Ms GARRETT — Yes, it is about sentencing, and Amendment (Abolition of Home Detention) Bill 2011. it was described in the second-reading speech by the As my colleagues have said, Labor is not opposing this minister responsible for the bill as a key part of the bill. The bill will remove the capacity for a court to government’s law and order approach. While we are make an order for home detention, an order which — it discussing the home detention bill, and as it has been is of interest to note — has only been made a few raised by members of the government, who referred to hundred times in seven years. the police, I think it is appropriate that we touch on the Such a limited number of orders made is, by any broader agenda of the government’s law and order serious estimation, a drop in the ocean when compared agenda and what role this plays — — to the number of sentencing orders made by courts The ACTING RSPEAKE (Mr Weller) — Order! I every day, including those for imprisonment, bail, pulled up the member for Yuroke when she strayed into community-based programs, parole and the like. The talking about the police EBA. This is about sentencing; home detention program was designed to be, and has it is not about the police EBA. been, operated in an extremely tight and very limited manner. The test for eligibility for home detention was Mr Herbert — On a point of order, Acting Speaker, stringent. Restricted to non-violent, low-risk offenders, the member was referring to comments that another home detention orders were for a maximum of six member was allowed to make in this very debate. I months and only available for sentences under think, under normal operations and given the normal 12 months. way we would proceed on this, that is a fair comment for this member to make in her contribution to the Further, offenders had to have the absolute support of debate. family members to participate. This support was carefully investigated, assessed and monitored by an The ACTING SPEAKER (Mr Weller) — Order! I independent party. In the broad ensemble of the various will listen intently, but it has got to be related to the players in the criminal justice system the home sentencing bill. detention program has had a very minor part. This is the

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3038 ASSEMBLY Thursday, 1 September 2011

Ms GARRETT — I will comment briefly in We have had a very interesting week this week. There response to the member for Morwell’s contribution on has been a lot of anger coming from the other side of this bill. It is my belief and my contribution to this the house, and perhaps that is a sign of frustration that debate that this home detention bill is a smokescreen the only issue that appears to have been on track in the for a litany of failures in the law and order agenda. In law and order agenda, which we know is a key agenda relation to the police EBA and the PSOs (protective of this government, has been the home detention bill. services officers) rollout we have unprecedented levels On behalf of our constituents and all Victorians we ask of industrial action by the police and an unprecedented that the government direct some of that passion and level of bitterness among the police. We would ask, as energy into delivering for the state on the law and order we discussed on this bill — — agenda and in other areas. We ask that those opposite do something. We ask that they sit down and talk to our The ACTING SPEAKER (Mr Weller) — Order! I police force and give its members the respect they ask that we come back to sentencing. The bill is about deserve. We ask them to honour their commitment to sentencing, and we need to be discussing sentencing, pay our police properly. We ask them to take advice not EBAs and other bills. about the best use of resources for transport and street safety, and we ask them to address urgently the Ms GARRETT — But while we are discussing growing issue of family violence. As the Police sentencing, we in this house today are talking about Association of Victoria has said on its website, this what is a tiny part of the criminal justice system, and government needs to get its head out of the sand. This that is the home detention program. This government is bill is a prime example of this government having its not acknowledging the big blue elephant in the room. head in the sand. My contribution to this is that the government should be focused on working out these major problems with While we do not oppose this bill, we do reject this the police force instead of trumpeting the home government’s litany of failures in the law and order detention bill as a centrepiece of its law and order area. We reject this government’s feeble attempts to agenda. I repeat that the home detention program only hide its inertia with what can only be described as limp ever applied to non-violent offenders. We ask the window-dressing such as the bill we are dealing with government to, instead of focusing on these issues, today. focus on supporting and properly rewarding the thousands of officers who risk their lives every day to Mrs VICTORIA (Bayswater) — It is with great deal with actual violent offenders and violent crimes pleasure that I stand to speak on the Sentencing that do threaten the health and safety of the Victorian Legislation Amendment (Abolition of Home community. The government’s focusing of all its Detention) Bill 2011. This bill will amend the attention on home detention and this bill while these Corrections Act 1986 and the Sentencing Act 1991 to other issues are burning out of control demonstrates that remove home detention from the list of sentences the government’s law and order agenda is in tatters. available for imposition by Victorian courts.

This brings us to the issue of violent crimes. As we I will go into some of the other solutions available to know, the home detention regime does not apply to sentencing judges a little bit later, but I want to pick up violent crimes. We again point to the appalling and on something that the member for Brunswick said. She disturbing increase in family violence; there has been a talked about the increase in family violence in the 25 per cent increase in the last year in the number of home. I am sure that she would not be suggesting that violent crimes in the home. While we have had these are the sorts of people who would receive lesser significant resources allocated by this government to sentences or less tough sentences. Obviously they are transport safety issues with the PSO program — which not the ones who are affected by home detention. It has come under significant criticism in regard to would certainly be untenable to have someone who was whether those dollars could be better spent in transport convicted of some sort of violence in the home being at safety, including having police on the beat in and home in the family situation where they were around stations — there is no such focus on family destructive to begin with. That would be to have them violence and assaults in the home. What we have is the caged up, if you like, with their family present while government fiddling around with a tiny program that they become increasingly frustrated at not being able to only ever applied to non-violent offenders, was strictly go out. I am sure it was not the member’s intention to monitored and was one of a raft of sentencing options bring up that idea. available to the court. It is a dressing up of inaction in fancy words and loud fanfare. This is very much a part of the platform on which the Baillieu government was elected, and I think those

SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011

Thursday, 1 September 2011 ASSEMBLY 3039 opposite need to understand that we have a mandate to forfeiture. These are all tools that can be used by the be tougher on sentencing and tougher on crime. We judiciary to say, ‘We think this is serious enough that have had our issues in certain pockets in the Bayswater something needs to happen to you because of what you district, and more and more people write to me, send have done’. me emails or ring the office and say, ‘Thank goodness somebody is going to take it seriously. From now on One of the fantastic programs which I had the pleasure could you please make sure that if somebody is of participating in very early on in my time as an MP sentenced to jail, they get jail?’. It is that simple. If the was going out to the Mount Evelyn Recreation Camp offence were severe enough that it was worthy of a where they have a ropes course run by the YMCA. I sentence of incarceration, then that person should serve went out there with the local police and some fellow that sentence. The population in my area is very strong MPs and I learnt all about this type of sentence, or this on this; I have had nobody contact me to the contrary or way of dealing with somebody who has committed an say that they think I am being too selective or too offence. Those there had committed fairly minor tough. The general consensus out there is that people offences, but as we have heard, the offences that can want crime and punishment to go hand in hand. Let us currently attract home detention — until this bill is give people what they deserve. As I have said, there are passed — are also down towards the lower end, and lots of other ways of dealing with criminals. Those who they are certainly at the non-violent end of offences. have gone through different circumstances and those who have extenuating circumstances can be dealt with The thing about this program is that it is a trust-building in different ways, but if you receive a jail term, you do exercise. The offender comes out to the camp generally your jail term. It is as simple as that. either with the victim of a crime or with the arresting officer. They go out there and they do the high ropes As I say, this was a key election promise. This is part of course, and they do what is known as the giant a raft of measures to say that we are not going to put up swing — and while doing this I think the people of with the shenanigans any more. Those on the other side Bayswater heard me all the way from Evelyn. This is a have brought up PSOs (protective services officers); I very big swing, but the idea is that you are hoisted up am very proud of what we are doing with PSOs. I am by your team mates and you have to learn about trust. It very proud of the fact that we are putting more police is not something that just happens. They do not just go on the streets, and I am very proud to be part of a straight to the swing; it is a process. It is a day of government that is taking hoons very seriously. This learning to trust. It is a day of understanding. If it is a problem has been allowed to fester for so long, and policeman or a policewoman that you are dealing with offenders have received a little slap on the wrist. Now at the time — especially if it is the arresting officer — it we are saying, ‘You do the crime, you will do the time’. is a day of learning to understand that these are people As I said in my last contribution in relation to hoon doing their job. Had you not committed the offence, driving, we can take the car away for 30 days, but we they would not have come down heavily on you. It is a also have the power to crush vehicles. That will send a matter of not saying, ‘Oh, woe is me!’. It is a matter of very strong message understanding that if you have done something wrong, the law will catch up with you. It is a deterrent, and it I want to talk about some of the different sentences also has a very low recidivism rate. The recidivism rate available to those who have committed an offence here is incredibly small; from my understanding it is down in Victoria. These are only a few of them, but there are to well under 10 per cent. It is a very successful lots of options available. It is not as if everybody who program, and there are lots of these sorts of things in has come before a court would have been eligible for place for judges to be able to impose. home detention. I think there are only about 30 home detention orders in place at the moment. What else The demand for correctional services has increased. In could these people have been given as a sentence? 2009–10, 231 beds were added to the existing male Obviously if it were appropriate, they would be jailed, prison system and 102 beds were added to the female but there are other methods of doing this. They could prison system, and planning has commenced for have a combined custody and treatment order. For another 350-bed prison at Ararat. That is certainly a those who are in that category, there are drug treatment move in the right direction. We do not want orders, there are community-based orders, there are overcrowding, we do not want anger building up within fines, there are suspended sentences and there is a the prison system, but we also have to have the facilities dismissal, discharge and adjournment outcome, which there so that if someone has done the crime, we are able is where somebody is found guilty but there is no to incarcerate them, if that is in fact what the judiciary record of their conviction. As I say, there are fines, has decided should be their penalty. In the 2009–10 there is restitution, there is disqualification and year 409 applications for home detention were made —

QUESTIONS WITHOUT NOTICE

3040 ASSEMBLY Thursday, 1 September 2011 quite a few — to the Adult Parole Board of Victoria, QUESTIONS WITHOUT NOTICE but of those only 89 were deemed as worthy. If we abolish this form of detention and say, ‘Okay, this is not Police: enterprise bargaining the message we want to send to the general public’, as I have explained, there are many alternatives out there. Mr ANDREWS (Leader of the Opposition) — My question is directed to the Premier. I refer the Premier I have seen evidence that restorative justice certainly to the pay dispute with Victoria Police officers, and I has some very good outcomes. I have seen that system ask: how can the police union’s wage claim be working in the European Union and the United extraordinary and unaffordable when it is not one Kingdom. It is yet another form of teaching people penny more than what the Premier promised Victoria about what they have done and confronting the issues, Police officers last year? and again the recidivism rates are very low. There are other options out there. It is not as though we are taking Mr BAILLIEU (Premier) — I thank the Leader of away the only solution. It is a solution that for a long the Opposition for his question. I have said before in time has been thought of as being very weak. It is this chamber, and indeed outside Parliament, that I am certainly not sending the right message to those who are not going to provide a running commentary on the offending to say, ‘That’s fine. We’re going to let you sit details of any enterprise bargaining agreement, and I in your house, with your PlayStation, your TV, your stand by that position. family and all the niceties of home, instead of having your liberties taken away from you’. If you do the Ned Kelly: skeletal remains crime, you will now do the time. It is very fair, and the Mr HODGETT (Kilsyth) — My question is to the Baillieu government should be congratulated on such Premier. Can the Premier advise the house of recent an initiative. remarkable work by the Victorian Institute of Forensic Ms KNIGHT (Ballarat West) — I am very pleased Medicine (VIFM) to positively identify the remains of to be able to contribute to the debate on the Sentencing Ned Kelly? Legislation Amendment (Abolition of Home Mr BAILLIEU (Premier) — I thank the member Detention) Bill 2011. As my colleagues on this side of for his question. This morning the Attorney-General the house have said, we will not be opposing this bill, announced that the Victorian Institute of Forensic only because we recognise that it was part of the Medicine has completed a detailed 20-month election commitment made by the now government. investigation into skeletal remains unearthed from the We understand that is the case. former Pentridge prison. The remains have been I want to talk about the bill within the wider context of confirmed as being those of Ned Kelly. As I think all community safety, but firstly I want to talk about what members know, Ned Kelly was buried at the Old we are actually talking about when we say ‘home Melbourne Gaol in 1880. His remains were exhumed in detention’. We are talking about, obviously, a prison 1929 for transfer to Pentridge prison, but when the old sentence that is served at home. That has been available jail site was excavated a large number of bones were only once a court has sentenced a person for a term of souvenired. Since then it has remained something of a imprisonment of up to 12 months. We are talking about mystery whether or not Ned Kelly ended up buried at a maximum length of six months being served at home. Pentridge. We are talking about it being restricted to non-violent, I know the Deputy Leader of the Opposition was low-risk, low-security offenders who have met the passionate about this issue when he was eligibility criteria of the act. We are also talking about a Attorney-General and commissioned a VIFM system where families and co-residents have been investigation, which required the examination of the consulted. A very strict and detailed assessment has remains of 34 individuals exhumed at Pentridge in been made before anyone has actually been considered 2009. The previous government provided the funding for home detention. for that project. Sitting suspended 1.00 p.m. until 2.03 p.m. The identification of Ned Kelly was finally confirmed Business interrupted pursuant to standing orders. by a DNA sample taken from Leigh Olver, who is a direct descendant of Ned Kelly’s sister. The skeleton found to be that of Ned Kelly is almost complete, although I understand that the skull is missing. The investigation also examined a skull that was provided to

QUESTIONS WITHOUT NOTICE

Thursday, 1 September 2011 ASSEMBLY 3041 the institute in 2009, which had been taken from the I ask: how is the processing of FOI applications by Old Melbourne Gaol in 1978 and was marked E. Kelly. Liberal Party staffers the Premier delivering on his The analysis of that skull confirmed that it was not that commitment to open and accountable government? of Ned Kelly, and the whereabouts of his skull remains a mystery. Mr BAILLIEU (Premier) — This matter has been raised in the public arena before, and I have said before Beyond the obvious outcome here there is an even that the FOI arrangements in our office are entirely in more significant one. This was one of the most complex line with the requirements of the FOI act. Indeed I think investigations ever undertaken by VIFM. It involved I have had cause in this place to draw attention to the computerised tomography scanning, X-rays, pathology, arrangements under the previous government, whereby odontology, anthropology expertise plus extensive chiefs of staff of ministers were appointed — — historical research and, of course, DNA analysis. It also involved cooperation with the EAAF laboratory in Mr Andrews — On a point of order, Speaker, the Argentina, which is a world leader in DNA technology. Premier clearly has not heard the question or the quote. To be able to identify remains of that age from a The report says ‘no longer’. That is not to say it gravesite containing 33 other bodies is quite continues; it says — ‘no longer’. This practice is new remarkable. It demonstrates the world-leading expertise and abhorrent. Victoria possesses in the fields of forensic medicine and forensic science. Honourable members interjecting.

Whatever our views about Ned Kelly or how he should The SPEAKER — Order! The Premier. be regarded, he is a significant figure in our state’s Mr BAILLIEU — As I was saying, I have had history. Today’s announcement is another chapter in cause to refer before to the practices under the previous that saga — a saga that has fascinated Victorians for government, where chiefs of staff of ministers were the over a century. The government will now consider the appointed FOI officers. question of the future resting place for the remains, and consultations will commence with all relevant parties to Honourable members interjecting. determine what that resting place should be. The SPEAKER — Order! The Leader of the I thank Professor Stephen Cordner and his team at Opposition will put the book down and be quiet. He has VIFM for the work they have done in solving one of asked his question. Victoria’s great historical mysteries. Beyond that, it is important for us to recognise that this exercise has Mr BAILLIEU — Each office is required to demonstrated the enormous ability of Victorian appoint an FOI officer, and the way FOI applications scientists and the capacity this state has to provide are handled is entirely consistent with the act. I note excellent services to other jurisdictions. We have that we are proceeding with the legislation to have an already seen around the world the role that Victorian independent FOI commissioner appointed — a step scientists have played in disaster victim identification which the previous government would never take. The and at recent events in Fromelles. Obviously the extent obfuscation which occurred — — and significance of DNA testing and this archaeological approach have been quite extraordinary. I thank the Mr Andrews interjected. VIFM. I know that a lot of Victorians will be interested The SPEAKER — Order! The Leader of the in these outcomes. Opposition is on a warning.

Government: freedom of information Mr BAILLIEU — The Leader of the Opposition Mr ANDREWS (Leader of the Opposition) — My seeks once again to smear and besmirch an FOI officer question is again to the Premier. I refer the Premier to who has worked for this government and indeed under his commitment to transparency and accountability and the previous government. to page 119 of this year’s Department of Premier and Employment: regional and rural Victoria Cabinet annual report under the heading ‘Freedom of information’, which states: Mr WELLER (Rodney) — My question is to the DPC’s FOI unit no longer processes FOI requests on behalf Deputy Premier and Minister for Regional and Rural of the office of the Premier. Requests to the Premier are now Development. Can the minister outline to the house the processed by staff in the Premier’s private office. major threats to jobs in regional and rural Victoria and

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3042 ASSEMBLY Thursday, 1 September 2011 advise what action the coalition government is taking to 600 jobs. I can announce today that we are launching a respond to these threats? Dialogue with Regional Industry project. As part of this project I am inviting the largest employers in regional Mr RYAN (Minister for Regional and Rural Victoria to engage in direct discussions with the state Development) — I thank the member for Rodney for government about the opportunities for the future. We his question and for the great work he continues to do are going to these organisations to seek input from on behalf of his electorate. As the house will know, them. With every threat there comes an opportunity. regional and rural Victorian industries are facing three We are going to seek out opportunities from these main threats to their future: the high Australian dollar, employers with a view to being able to assist them not the commonwealth’s carbon tax and the only in preserving the jobs they provide at the present commonwealth’s proposals in relation to the time but in enhancing the opportunity for further Murray-Darling Basin. Two of those are directly the employment. responsibility of the Gillard Labor government. I am particularly concerned about the food processing Mr Andrews interjected. industry. As members will be aware, agriculture and food processing are the cornerstones of the economy in Mr RYAN — No, we did have a fourth, but you got much of regional Victoria. Under Labor, exports of beaten at the last election. Preliminary carbon tax food and fibre products from Victoria have absolutely modelling commissioned by the state government stagnated. suggests that we are facing a loss of almost 5000 jobs in regional Victoria directly as a result of that policy. I Mr Eren interjected. recently met with the federal Minister for Regional Australia, Simon Crean. I might say that while we have The SPEAKER — Order! The member for Lara! absolutely opposing views in relation to the issue of the carbon tax, we have agreed that the commonwealth and Mr RYAN — The facts show that the value of the the state will work together on a joint approach in Victorian food and fibre exports were lower in 2009–10 relation to the Latrobe Valley. than they were in 2005–06. What we intend to do through the Dialogue with Regional Industry project is The coalition government, our government, committed identify where we can assist industry to avail itself of $5 million at the state election to develop a strategic the many opportunities which we as a government plan for the future development of the valley, and the believe are available to those companies, even in these Latrobe Valley industry and employment road map has difficult times. It is the task of our government to grow been developed as a consequence. Minister Crean and I regional and rural Victoria, and that is exactly what we have agreed that that road map will be further are going to do. developed jointly by the two governments in consultation with the regional stakeholders. The road Government: freedom of information map will be completed in July 2012, and it will be a blueprint guiding future state-commonwealth Mr ANDREWS (Leader of the Opposition) — My government investment in this region, acknowledging, question is to the Premier. I again refer the Premier to as I say, that we have vastly different perspectives in his commitment to transparency and accountability and relation to the carbon tax. to the fact that there are 19 overdue and unacknowledged freedom of information requests from The other Gillard Labor government policy that has Labor MPs in the private ministerial office of the enormous implications for regional employment is the Minister for Community Services. I ask: how is that delivery of the proposed Murray-Darling Basin plan. delivering on the Premier’s commitment to openness As the Weekly Times highlighted in its 10 August and transparency? edition, the impact on the food processing sector in northern Victoria promises to be vast. There are Mr BAILLIEU (Premier) — As I think members 1400 full-time employees and 250 casual employees in would be aware, I am unaware of the FOI applications dairy factories in northern Victoria. These jobs are very that have been made to the Minister for Community much at risk because of this plan. Services. If there are applications that are overdue or unacknowledged, I am happy to ensure that they are On Tuesday, as members will remember, I outlined the acknowledged. fact that since coming to office our government has leveraged investment of more than $600 million throughout regional Victoria and created more than

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Thursday, 1 September 2011 ASSEMBLY 3043

Roads: regional and rural Victoria Mr MULDER — The Shire of Central Goldfields, which again is in the Ripon electorate, has applied for Mr TILLEY (Benambra) — My question is to the $460 000 for the Rodborough Road reconstruction, Minister for Roads. Can the minister inform the house $200 000 for a major patch program, $190 000 for of progress with the coalition government’s country resealing, which is an increase of 60 per cent, and roads and bridges program and applications received $100 000 for kerb and channel renewal. from rural and regional councils? The Shire of Loddon, which is in the electorates of the Mr MULDER (Minister for Roads) — As members members for Bendigo East and Swan Hill — and will be aware, prior to the election the coalition members should remember that these are the councils government made a significant commitment of that were swindled! — has applied for $213 000 for $160 million to 40 of the smallest councils throughout works on Dingee-Rochester Road, $187 800 for works the state which had been struggling to make ends meet on Old St Arnaud Road and $163 680 for works on the and which most particularly struggled to update their Echuca-Serpentine Road. This is in the electorate of the roads and bridges. We know that the recent heavy rains member for Bendigo East, who is the opposition’s have also placed enormous pressure and stress on a lot spokesperson on roads. After nine months, she has not of the smaller councils. The government has asked a single question on roads in this Parliament. She contributed a significant amount of money to assist is one of the hardworking people that the Leader of the them through this time, and on top of that the local Opposition referred to earlier in the week in an bridges and roads program has added more money to interview! He said that they are working hard behind the bottom line of council budgets, which allows them the scenes to take it up to the government, but the to carry out very important works. member has not asked me a single question.

We had some tremendous responses to this program out The Shire of Moorabool, which is in the seats of the in the community. The president of the Municipal members for Ballarat East and Melton, has applied for Association of Victoria, Bill McArthur, said that the $515 500 to upgrade South Maddingley Road, fund was a significant acknowledgement of our shared Maddingley, and $300 000 to widen Glenmore Road, responsibilities for maintaining the vast local road Parwan. But it gets better. The council has applied for network. This program has also been widely supported $88 000 to replace kerb and channel on Dickson Street, by the Victorian Farmers Federation. Bacchus Marsh. The Shire of Macedon Ranges is in the seat of the member for Macedon. Macedon is being However, not everyone supported this great initiative well looked after; it was not swindled. It applied for for rural councils. On 29 October 2010 the Bendigo $625 000 for road restoration in Romsey, Kyneton and Advertiser reported comments by the then Minister for Woodend and $285 000 for bridge repair and Regional and Rural Development that ‘the coalition’s maintenance in Pastoria, Newham and Rochford. “so-called” new local roads fund was trying to swindle rural councils’. It was also reported that the former I would have to say that money is spread evenly across Minister for Roads and Ports said that ‘the opposition’s the state. But in order for the opposition to stand up for discounted funding averaged at $1 million a year for what it said — — each council, which would buy about only 300 metres of a new road’. Honourable members interjecting.

It is interesting to note where some of the applications Mr MULDER — There is no swindle; there is for funding have come from. There are somewhere in money going everywhere! the order of 16 applications I will touch on today. The Ararat Rural City Council, which is in the electorates of The SPEAKER — Order! The minister’s time has the members for Ripon and Lowan, has applied for expired! $550 000 for Eversley Crowlands Road bridge, which is a joint project with the Shire of Pyrenees. There was Government: consultancies also $270 000 for works on Hucker Street, Ararat. Mr SCOTT (Preston) — My question is to the Mr Helper interjected. Premier. I refer the Premier to his commitment to transparency and accountability and to his promise to Mr MULDER — How right you are, Joe! ensure that the details of all consultancies undertaken by government agencies, including those with a value The SPEAKER — Order! I ask the minister to of under $100 000, would be disclosed in annual ignore interjections. reports, and I ask: why was this information not

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3044 ASSEMBLY Thursday, 1 September 2011 disclosed in four of the five annual reports tabled in The SPEAKER — Order! That is not a point of Parliament today — or can Victorians not trust his order. The Premier’s answer was relevant to the word? question that was asked.

Mr BAILLIEU (Premier) — Obviously the Mr BAILLIEU — The unceasingly negative member did not provide me with the specific details of Leader of the Opposition is not listening. He is having a the report. bit of trouble. As I said, there were 31 fewer consultancies under $100 000 — — Ms Allan — On a point of order, Speaker, to assist the Premier with his request — — Mr Andrews interjected.

The SPEAKER — Order! What is the member’s The SPEAKER — Order! The Leader of the point of order? Opposition should not push the point too far.

Ms Allan — If I could conclude the point of order, MrEU BAILLI— These reports — — Speaker — — Mr Andrews — On a point of order, Speaker, with The SPEAKER — Order! What is the point of the greatest of respect I draw to your attention the fact order? that the Premier is in fact using the answer as an opportunity to run a commentary on me and an attack Ms Allan — I am happy to provide the Premier with on opposition members. Rather than calling him to a copy of the coalition’s plan, which promised that this order, you sought to provide me with advice. I accept information would be provided in annual reports. that advice, and, Speaker, I am grateful to you for it, but with the greatest of respect, I ask you to remind the The SPEAKER — Order! I say to the member for Premier of his obligations under the standing orders. Bendigo East that that is not a point of order, and I will not put up with any more of the issues she raises unless The SPEAKER — Order! Under the standing she has a point of order. orders, I would like the Leader of the Opposition to be quiet when questions are being answered. We are An honourable member interjected. entitled to have some quiet while answers are being Mr BAILLIEU — I think it might have been the given. The Leader of the Opposition may not like the Deputy Leader of the Opposition who interjected that answers that are being given, but I cannot direct the even the Department of Premier and Cabinet (DPC) Premier to answer the question in the way that the had not declared it. I refer him to page 108 of the Leader of the Opposition may wish or that I may wish. Department of Premier and Cabinet’s report — — He is answering the question, and he is being relevant to the question that was asked. Mr Andrews interjected. Mr Andrews — On a further point of order, The SPEAKER — Order! The Leader of the Speaker, again I am grateful for your counsel to me, but Opposition is on his second warning! I seek your ruling on my point of order. I do not believe, and I put it to you, Speaker, that it is not within Mr BAILLIEU — Consultancies under $100 000 the standing orders, for the Premier to run a are mentioned there — 29 consultancies in respect of commentary on the opposition or to attack members of which total expenditure incurred during the year was the opposition. That is not in accordance with the less than $100 000. In 2010–11 the number of standing orders. Your view may differ, Speaker, and consultancies in the Department of Premier and Cabinet that is your right, but I seek your ruling rather than decreased from 60 — these are consultancies under simply the provision of advice to me, as grateful as I am $100 000 — to 29. And to help the Leader of the for it. Opposition, that is a difference of 31. The SPEAKER — Order! I do not uphold the point Mr Andrews — On a point of order, Speaker, it is of order. I consider that the answer being given was not the Premier’s assistance we are after, it is an relevant to the question that was asked. answer. A number of reports were tabled today that do not honour the Premier’s commitment. That is what he Mr BAILLIEU — Consistent with our should be answering, not this other nonsense. commitment, the consultancies under $100 000 are reported in the DPC report. As I said, the number of consultancies has decreased from 60 to 29. When your

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Thursday, 1 September 2011 ASSEMBLY 3045 numbers fall from 60 to 29, sometimes that is good; but 36 cruise ship visits, among them the maiden visit of if your numbers fall from 60 to 28 — — Cunard vessel Queen Elizabeth.

Ms Allan — On a point of order, Speaker, going to But most importantly it is very pleasing that while relevance. Under the sessional orders adopted by this imports increased by 4.9 per cent, exports through the house there is a requirement for the answer to be port of Melbourne actually increased by 11 per cent. relevant to the question that is asked. The crazed rant That includes a record monthly throughput of exports in we have just heard from the Premier is not in any way March this year of 73 102 TEU. A large part of the relevant. credit for these figures is due to the dairy industry, which is the major exporter through the port of The SPEAKER — Order! I ruled that the answer Melbourne and a major component of jobs and was relevant to the question that was asked. That is the productivity in country Victoria. way I am ruling this time. I do not uphold the point of order. This is great news for Victoria, but what is really terrific about these results is that they mean jobs, jobs Mr BAILLIEU — Let me say it again: the number and jobs for Victoria. The length and breadth of of consultancies has fallen from 60 to 29. We regard Victoria benefits from having an efficient and effective that as a good thing, and it is shown in the annual port. The fact that we have record levels of throughput report. As I said, sometimes when your numbers fall it through the port and record levels of trade is a great is not a good thing. In this case it is a great thing. tribute to the port. But it is amazing that some people sought to threaten the growth of this trade through the Port of Melbourne: performance port of Melbourne by the introduction of an ill-conceived, ill-considered freight infrastructure Mrs VICTORIA (Bayswater) — My question is to charge. Who were the people who wanted to introduce the Minister for Ports. Can the minister advise the this stupid, ill-conceived truck tax on the port of house of the performance of the port of Melbourne? Melbourne? It was the Labor Party — the former Mr Hulls interjected. government. When I came to office the greatest criticism — — The SPEAKER — Order! The member for Niddrie is on a warning. Mr Nardella — On a point of order, Speaker, under standing orders and rulings from the Chair, ministers Dr NAPTHINE (Minister for Ports) — I thank the answering questions should be talking about member for Bayswater for her ongoing interest in jobs, government administration, not attacking the opposition the Victorian economy and our ports. Victorian ports and not attacking the members on this side of the house. are the gateway to the world. The performance of our I ask you to bring him back to answering the question ports is a key indicator of the health of the Victorian on government administration. economy. Indeed it is vital to the Victorian economy that our ports are efficient and continue to improve their The SPEAKER — Order! I do not uphold the point productivity. of order, but I do ask the minister to return to answering the question. Today the 2011 annual report of the Port of Melbourne Corporation has been tabled. The Port of Melbourne Dr NAPTHINE — Fortunately this government got Corporation is owned by the state of Victoria and rid of the freight infrastructure charge. We abolished managed by a state-appointed board of directors led by the charge, which would have damaged our port, Bill Scales. Bill is retiring in the near future, and we damaged our reputation and damaged our importers and thank him for his excellent work in that role. The exporters. We have replaced it with a fairer and more corporation is also run by a team led by CEO Stephen equitable port licence fee that has the support of the Bradford. Victorian transport industry, has the support of the Victorian Farmers Federation and has the support of the The key results are great news for Victoria. This has exporters, importers and shippers. That comes from been a record year: 2.39 million TEU (20-foot consultation and working effectively with all equivalent unit) containers moved through the port, stakeholders. which is up 7 per cent. The total trade increased by 5.8 per cent to 79.7 million revenue tonnes. There have I congratulate Bill Scales and his team, Stephen been 3376 ship visits. The Minister for Tourism and Bradford and his team, and all the port stakeholders for Major Events would be pleased to know that included a record year through the port of Melbourne.

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3046 ASSEMBLY Thursday, 1 September 2011

Member for Frankston: conduct supposed to have been designed to operate for 10 years or more will be closed within 2 years, which just shows Mr MERLINO (Monbulk) — My question is to the that the Auditor-General was right: the former Premier. I refer the Premier to his answer in this place government could not get it right when it came to that it was the Minister for Police and Emergency renewable energy policies. I can assure the 50 000 or so Services who informed him of the Victoria Police participants in that scheme that the changes we have outcome following the violent incident involving the announced today will not affect them. We will not member for Frankston. I ask: how many other police make retrospective changes to this scheme, unlike inquiries and investigations has he been briefed on by governments in many other states. the police minister, or is it just those involving the member for Frankston? We will be introducing a new transitional feed-in tariff scheme which will provide 25 cents per kilowatt hour Mr BAILLIEU (Premier) — As I said yesterday, for every unused kilowatt hour fed back into the grid. the information I received was provided by the Minister This scheme will have a 5-year duration from for Police and Emergency Services. Indeed at 1 o’clock 1 January 2012. The payback period for participants yesterday the Minister for Police and Emergency under this scheme will be about 10 years, which is Services held a media conference, and he provided the exactly the same as the former government said was the media with the same information. payback period under its scheme. The fact is that we are seeing the price of rooftop solar panels plummet due to Mr Andrews — On a point of order, Speaker, the cheaper imports and a stronger Australian dollar. question sought an answer from the Premier as to on how many other occasions the Deputy Premier, who is I was asked about what other states are doing, but also the Minister for Police and Emergency Services, before I get to that I would urge anybody who is in the has briefed him on these sorts of matters. The Premier pipeline at the moment in relation to getting solar has not addressed that part of the question; therefore his panels to make sure that they get all the relevant answer is not relevant. paperwork in by 30 September this year, because failure to do so is likely to mean they will not be able to The SPEAKER — Order! The Premier has access the premium feed-in tariff. concluded his answer. I was asked about what other states are doing. The Renewable energy: government initiatives answer is that on 1 July this year the commonwealth government slashed its support for solar schemes. The Mr BURGESS (Hastings) — My question is to the Australian Capital Territory has a feed-in tariff of zero. Minister for Energy and Resources. Can the minister This is from a press release from the Chief Minister of inform the house of new government initiatives to help the ACT: households and businesses use renewable energy, and how does Victoria compare with other states in this The revised ACT Electricity Feed-in Tariff Scheme which regard? commenced on 12 July was closed at midnight on 13 July 2011. Mr O’BRIEN (Minister for Energy and Resources) — I thank the member for Hastings for his The ACT had a feed-in tariff scheme that lasted for less question. This government is committed to providing than 48 hours. Even Bernie got a weekend, and he was fair and sustainable support for the renewable energy dead — but not in the ACT! In the ACT you get zero, industry, including rooftop solar installations. in Western Australia you get zero, in New South Wales you get zero, in South Australia you get 16 cents — Honourable members interjecting. 16 cents is not a very generous number. The opposition might suggest it could do better than that, and we on The SPEAKER — Order! The member for Albert this side of the house can do better — we can do Park can take this as his first warning. 25 cents. We will have the second most generous feed-in scheme in the country. This will provide a fair Mr O’BRIEN — The premium feed-in tariff (PFIT) and sustainable level of support while the government’s scheme that was commenced in 2009 by the former Victorian Competition and Efficiency Commission government is fast approaching its statutory cap — a review into feed-in tariffs is undertaken. cap of 100 megawatts put in place by Labor. This PFIT scheme pays an extremely generous 60 cents per We are committed to an economically responsible and kilowatt hour for excess electricity fed back into the fair solar feed-in tariff. The transitional feed-in tariff grid from rooftop installations. A scheme that was announced today will deliver that, but we are not

SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011

Thursday, 1 September 2011 ASSEMBLY 3047 prepared to see the electricity bills of pensioners and debate on the Sentencing Legislation Amendment others who cannot afford rooftop solar panels jacked up (Abolition of Home Detention) Bill 2011. I was going because of Labor’s costly PFIT blow-outs. over what this bill represents and what home detention was all about. I pointed out that it was a prison sentence The SPEAKER — Order! The time for questions served at home and was only available once a court had has concluded. sentenced a person to a term of imprisonment of up to 12 months. I also pointed out that the maximum length Mr Hulls — On a point of order, Speaker, I seek of a home detention order was six months and that your advice. This morning I tabled a petition with home detention was not in itself a penalty but was a almost 1600 signatures on it calling on the government means of administering a penalty. to fund the refurbishment of a school in my electorate, but there have been a number of Speakers’ rulings, as It is also important to note that home detention was you would know, about what can be attached to a restricted to non-violent, low-risk, low-security petition. Since the tabling of that petition I have offenders who met the eligibility criteria set out in the received a door from the school, and as an addendum I act. The criteria were very strict to ensure that none of seek to table the door. the provisions were breached. Furthermore, a detailed assessment was necessary. Home detention could only Mr Baillieu — On the point of order, Speaker, it is occur after family members or co-residents were amazing that the Deputy Leader of the Opposition consulted, and that was done anonymously. If there could stand up and commit such a stunt, which simply were any issues around that, the offender would not be serves to highlight the neglect that his government left informed about that. Very strict measures were put in behind after 11 years. It is an extraordinary thing for the place. Deputy Leader of the Opposition to do: to try yet again to demean this house and indeed to demean the It is also important to acknowledge that currently home democratic process — a stunt in a moment in place of detention applies to only about 20 people. The impact 11 years of neglect. of the abolition of this sentencing option is really quite small, and if you look at it in the context in which I am The SPEAKER — Order! I do not uphold the point sure the government considered it — and that is of order raised by the member for Niddrie. community safety — I am not sure that any impact will Mr Hulls — For some reason this seems to have got be reflected. My concern around this bill being under the Premier’s skin. On a further point of order, considered in that context of community safety — even Speaker, leave not being granted to table the door, I though, as I said earlier, the opposition will not oppose seek to table a picture — — it because we understand that it was part of an election commitment — is that it provides a bit of a The SPEAKER — Order! The member will sit smokescreen. I worry that this will dull the debate about down! community safety and that there will be a belief that this sentencing option is the be-all and end-all and that Honourable members interjecting. its abolition will make a big difference. I am not quite sure that that is the case. The SPEAKER — Order! I will be sending some people from the government side out of the chamber if What I would like to do, and I would appeal to the they do not come to order. I do not appreciate that kind government to do this, is to have a look at community of stunt in this chamber. The time for questions has safety in light of recent statistics around family concluded and stunts have concluded. violence. That issue is quite close to my heart, as I started work some 23 years ago at the Western Region Centre Against Sexual Assault (West CASA). I also SENTENCING LEGISLATION spent many years working at the Ballarat Centre AMENDMENT (ABOLITION OF HOME Against Sexual Assault, Ballarat CASA, as it is known, DETENTION) BILL 2011 including being on the on-call roster. If there had been a rape or a sexual assault, people like myself — — Second reading Ms Ryall — On a point of order, Speaker, I ask you Debate resumed. to draw the member back to the bill.

Ms KNIGHT (Ballarat West) — As I was saying The SPEAKER — Order! I do not uphold the point before the lunch break, I am very happy to contribute to of order.

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3048 ASSEMBLY Thursday, 1 September 2011

Ms KNIGHT — I thank the Speaker for collecting data about home detention, a total of recognising that this is a debate about community 617 orders have been made, including 113 home safety as much as it is about the abolition of home detention orders made by the courts and 504 home detention. As I said, I was often called upon to provide detention orders made by the Adult Parole Board of counselling to victims of abuse. In those early days at Victoria. Interestingly the number of home detention centres against sexual assault it was all about talking orders made by the parole board outweighs the number about sentencing, and in those days it was about harsher made by the courts. sentences. I believe the pioneers of those times, and I would count myself as one of them, had to battle with a On 15 January 2010 the former Premier, John Brumby, lot of myths that were directed at women — a lot of said: women were blamed for the sexual assault that had A judge is in the best place to determine whether a jail been perpetrated against them. Those pioneers sentence is appropriate, or whether a suspended sentence is enhanced those discussions that led to the strengthening appropriate … of laws around sexual assaults and made a lot of ground in increasing sentences for crimes against the victims. I do not wish to take anything away from the good work the Adult Parole Board of Victoria does, but Within that context I worry that the focus on the unfortunately in terms of the home detention issue, jail abolition of home detention, an option that applies to so must mean jail. When a judge decides to send a person few people, will lead to other things being lost. I worry to jail, that person should know that if they committed a that the discussions on community safety will be crime, they have to do the time. That is not what has dampened down or have a blanket put over them and been happening. I heard the member for Ballarat West we will not have the robust discussions we had years speak about a number of people who had been ago that led to real reform and to victims starting to get sentenced to home detention. She said many of those a fair go. people were sentenced because of menial matters and that their being sentenced to home detention was not I also acknowledge that there is still a way to go. I hope such a problem. The Herald Sun mentioned — — we can still have those discussions and debates. We are not opposing this bill, but the bill will not increase the Ms Duncan — Why are you abolishing it? safety of people in the community. Mr SOUTHWICK — If you hear me out, you will Mr SOUTHWICK (Caulfield) — I rise to speak in understand that it was mentioned in the Herald Sun that the debate on the Sentencing Legislation Amendment there were three killer drivers and four drug dealers (Abolition of Home Detention) Bill 2011. I am glad to who were among the 33 criminals serving time in the hear the opposition is supporting the bill even though luxury of home detention in 2009. Since the opposition members do not quite understand its commencement of the home detention program, importance and what it has to offer. 35 offenders have breached their orders. The consequences of the breaches of those orders have Reducing crime is an issue I am passionate about. included a fresh sentence, the cancelling of orders and Members of the house have heard me speak countless the return of many of these offenders to prison. Those times about ways of reducing crime. We have already numbers mean that the abolition of home detention is hit the ground running by introducing some key important. We need to send a clear message. This initiatives in a number of areas to reduce crime. government is doing that. Members have heard government members talk about the police and increasing police numbers. We have Only recently — last month — we saw the London spoken about protective services officers on train riots and the result was four days of complete unrest stations. We continue to move along this important across England. People suffered the effects of terrible path, which we were elected to follow during the last rioting, looting, arson and bashings, including some election. We have the mandate, and it has put us into deaths. Those are the sorts of things I do not want our government. The community wants results on it. society to experience. We need to ensure that we continue an important part of — — We have said on countless occasions that this is not something we are going to fix overnight. Reducing Ms Duncan interjected. crime rates is something that is going to take time, and coherent strategies and policies are needed to do that. The SPEAKER — Order! The member for This bill deals with the abolition of home detention. Macedon will desist with her constant interjecting. Since 2004, when Corrections Victoria commenced

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Thursday, 1 September 2011 ASSEMBLY 3049

Mr SOUTHWICK — Before I was rudely the former government after 11 long years of doing interrupted by opposition members, who take — — absolutely nothing. Street crime had been on the rise, with the number of robberies, assaults and drug An honourable member interjected. offences soaring. Police have mounted a blitz on our hot spots. We are tackling these problems with more Mr SOUTHWICK — Yes, this is a very important police on the streets, more police training and more bill. I do not want to see our society end up in a protective services officers on our train stations so that situation like the one London ended up in. We need to when people use the public transport system to come set the bar high and send a clear message to the home at night they feel safe. community that we will not tolerate any form of bad behaviour. Jail must mean jail. If you commit an We have also been introducing important pieces of offence, you must serve the time. We are sending that legislation like this one dealing with home detention. clear message. The purpose of this bill is to send a very People need to get a clear message: they need to know clear message to the community. that if they are going to commit a crime, unfortunately prison is the consequence. Until only recently the Since being elected to government, and I know the streets of Japan had a huge drug problem and a huge opposition does not like to hear it, we have been amount of graffiti. The government got tough and sent consistent in dealing with crime and ensuring safety on a clear message, just like we are doing with the our streets. We have continued to do it; we will abolition of home detention, and crime has reduced. continue to do it. We will not be apologetic about what This a long-term problem. We are putting our head we are doing. We will continue to deliver results for down and focusing on the problem. We make no Victorians. apology for what we are doing. We will continue to I would like to address some figures and local issues in deliver results in our community. We will continue to my electorate. Members will have seen some of the make sure that people feel safe when walking on our figures that have just been released. Sex offences are up streets. We will make sure that we deliver a safe by 18 per cent, robbery is up by 11.8 per cent, assault is environment for the community so that we feel safe on up by 12 per cent, aggravated burglary is up by 50 per our streets. cent and crimes involving weapons and explosives are Mr LANGUILLER (Derrimut) — I rise to speak up by 22 per cent. The opposition, which was in on the Sentencing Legislation Amendment (Abolition government for 11 years, buried its head in the sand. It of Home Detention) Bill 2011. Following the member thought the problem would take care of itself and that for Caulfield I am prompted, importantly, to put on people would reform and do all sorts of lovely things. record what home detention was all about and why the The previous government tried to ensure that the Labor government introduced it. community and crime fixed themselves and that we all lived happily ever after. Unfortunately this is not a Ms Duncan interjected. bedtime story; it is not the sort of thing you would want to read to your kids. It is a harsh reality. Mr LANGUILLER — Correctly the member for Macedon has reminded me that we came up with I want to draw the attention of the house to a couple of another option for judges to take. Jail means jail, if incidents that have been reported in my local paper. I appropriate — and the judge made that decision. A am not going back years or even months, but just the judge would say, ‘That bloke will be imprisoned’, and last eight weeks. There has been a call for witnesses the legislation also gave the judges the option of after a bashing last week. A 21-year-old was walking ordering home detention. Plainly, home detention is a down Acland Street when he was bashed and his phone prison sentence ordered to be served at home. was stolen. The man was on the phone when he was robbed of it. Six unlocked premises were raided while Home detention is available once a court has sentenced the owners were at home. The police are still hunting a person to a term of imprisonment up to 12 months — for the burglar, who made no bones about it: he robbed in these circumstances a conviction must be those individuals while they were at home. People are recorded — as an alternative to ongoing imprisonment. worried about even being out on the streets. The maximum length of home detention is six months. May I suggest that the member for Caulfield was wrong Other incidents include teens being hit and robbed and in terms of providing an explanation as to its effect. He an 80-strong party being shut down by police because said people who had committed certain crimes would of noise and fighting. The list goes on. Unfortunately have been entitled to home detention. He is factually those stories are some of the remnants left behind by wrong. It is important to note that the home detention

SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011

3050 ASSEMBLY Thursday, 1 September 2011 program was restricted to non-violent, low-risk, Magistrates Court. The government has broken an low-security offenders who met the eligibility criteria in election promise to provide street-by-street crime the act. Home detention did not apply to everybody. statistics and data to Neighbourhood Watch.

The offender had to meet clear and strict criteria An honourable member interjected. established under the act. They were subject to an assessment and had to have the approval of family Mr LANGUILLER — I take up that interjection. members. Home detention required the cooperation of The debate has been extremely wide ranging and the family members and co-residents in some cases. contributions from both sides have referred to a whole The program was limited to 80 offenders and operated range of matters. I remember when the then opposition, only within Melbourne. Anybody who would be living now the government, used to say jail means jail. at the premises where the offender would serve the Despite the rhetoric on improving community safety, sentence would have to consent to the home detention the use of phrases such as ‘jail means jail’ and the talk order. It is important that we get the facts in terms of about delivering community-based orders ‘with teeth’ how the act has worked. There had to be consent to the as a basis for this bill and a raft of other legislative home detention order and the offender had to agree to reforms, including the abolition of suspended comply with any requirements or conditions sentences, it is our opinion that the abolition of home imposed — for example, in relation to where they could detention is not likely to make Victorians safer. go, when they would do so and, relevant to a recent case, how they would or would not communicate with As I understand it, home detention was making others during the term of the order. progress. I am amazed that some members of the government allowed the initiative to go through Offenders supervised by the home detention unit had an cabinet. I would have thought they would have known electronically monitored curfew, not a tracking device, the facts. Some members of the ministry understand and an authorised activity plan. There had to be a plan; and do believe — I have heard them off the record or at there had to be coordination and approval by family and functions — that there are a range of measures that on co-residents if applicable. The action plan might have occasions are useful measures, weapons or tools that included attending job training or counselling. On this should be provided to judges. I am quite surprised that side of the house we have always believed that jail they have moved in this direction, but it is fair enough. means jail, and so it should. However, there are certain We say that there are other methods that need to be circumstances in the case of offenders who fit the home taken into account. The number of staff required to detention eligibility criteria — those who are manage offenders on home detention in each region is non-violent, low-risk and low-security — where it is dependent on the number of offenders in the region and fundamental to work with them and ensure that they do how the region structures its staffing models. A range not go back into the system. Importantly we are of impacts will need to be taken into account into the determined to address the causes of offending such as future in relation to the actual outcome once these home social and other issues. That is why we believed at the detentions are removed. time we introduced the legislation that we needed to give judges the option of jail or home detention, and We reserve our judgement in relation to whether the they are two distinct propositions. government is delivering on its so-called tough-on-law-and-order policy. There are a number of This side of the house will not oppose this bill. The things that are happening at the same time. The purpose of the bill is to amend the Corrections Act government has introduced a bill pertaining to Victoria 1986 and the Sentencing Act 1991, to provide for the Police on which we look forward to a resolution; we repeal of provisions relating to home detention orders will see how it goes. There is also the PSO (protective and for other purposes. Whilst we put on record that we services officers) matter. We are not confident the will not oppose the bill, this bill is one part of a much PSOs will be provided with sufficient training, larger law and order agenda of this government. It is resources and clarity in legislation in order to allow important to note that the utility of this repeal must be them to carry out their duties and work accordingly and measured by whether or not the Baillieu government safely for themselves and for the community. delivers on its general claims and promises to make Victoria safer. In our opinion to date the government In conclusion I put to the house that what this has not delivered on what it promised. It claims to have legislation will do — and we hope to be proven wrong abolished suspended sentences when in fact it has but unfortunately I do not believe that will happen — is abolished suspended sentences for only three offences take away the ability of judges when dealing with and another three if they are not dealt with in the non-violent, low-risk, minimum security offenders, to

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Thursday, 1 September 2011 ASSEMBLY 3051 use the important tool they were given for the purpose Two types of home detention can be awarded at the of dealing with those very few individuals who met the moment. If you have been convicted of a crime and criteria, who were accepted by their families and sentenced to less than one year of imprisonment, you residents and who were recommended by judges to be could serve that in home detention. Home detention is participants in that program. To my understanding that also available under the Corrections Act 1986 where program, so far, has worked well. While we have the Adult Parole Board of Victoria can award minimum reservations in relation to the bill, we will not oppose it. security status to a prisoner who has served over two-thirds of their sentence and has less than six Mr McCURDY (Murray Valley) — I am delighted months to go and they can do it as home detention. But to rise and speak on the Sentencing Legislation what about the victims? What about the victims’ Amendment (Abolition of Home Detention) Bill 2011 families? When do these people who have suffered because on 27 November last year all Victorians united. pain, humiliation, hurt and loss of dignity get let off? They joined hands and said, ‘We are sick of the spin. When do they get time to spend at home, and when is We are tired of the lies and deceit. We want change. their suffering reduced? Sometimes it is never. We need change. We want to be able to feel safe, to be safe and to know that our families can walk the streets If you look at the daily papers from today, yesterday or at night, so somebody has to get tough on crime. Our nearly any day, there are quotes in them regarding children go out at night. We need them to be safe. Our sentences that clearly do not reflect community elderly parents travel on public transport. They also attitudes. That is what we are helping to change. You require the opportunity to be safe and feel safe’. can still get community-based orders, so there are still Victorians agreed they were never going to get this options out there for judges and people who are from a Labor government, and I am proud to stand here receiving sentences. There are other options besides today as we deliver another step in this process of going to jail, but home detention will not be one of making our communities safer places. them. There are tools that can still be used. I am well aware that exceptional circumstances occur all the time In the eyes of the community the justice system was and maybe going to jail is not the answer for particular seen to be going weak. People were thinking we were individuals. scared to enforce the law, frightened to uphold it and that if anyone broke the law, we were too scared to This bill takes away the easy option of imposing home make them pay. Tell that to the victims. Tell that to the detention. It takes the pressure off correctional services family members who lie awake at night worrying and can take the pressure off families, partners and because the man who raped their sister or belted their people within the house where home detention is father is already back on the streets. In fact they are happening. Jail means jail, and that is the clear message back on the streets before wounds have healed and we need to be sending to people. This will repeal the scars have faded. adult parole board’s ability to make home detention orders. Just because it is fraud, theft or a driving offence This bill is about standing up for safety in our does not make it any less of a crime. If it is a crime, it is community and saying that we will not tolerate this any a crime, regardless of whether it was violent or more. This sentencing legislation amendment bill is non-violent. These are the messages we are sending. another step towards getting tough on crime. This bill will amend the Sentencing Act 1991 and the I certainly support the transitional arrangements in this Corrections Act 1986 to remove home detention from bill; the existing home detention orders will get to run the Victorian statute book. Our communities are telling their course. The people of Victoria support the strong us they have had enough and that they are pleased to stance that the Baillieu-Ryan government is taking on see these changes. crime. We are sending that strong signal even to the police force, whose members work day and night. They Soft sentences do nothing to deter crime, and they do work tirelessly to see that people get convicted or that nothing to send a clear message. As has been said in they are brought before the courts, and again this this chamber many times today, if you do the crime, reflects community values and wishes in that the you need to do the time. We already see a very high community wants to see that these people do their time. percentage of convicted criminals who only ever do the minimum sentence. Our communities are saying, ‘Hang Family violence has spiralled out of control over the on a minute, slow down. If people get a sentence, it last 10 to 12 years. We are slowly cleaning up this needs to reflect the crime they have committed’. Home mess, but this is not going to happen overnight. As detention is not seen as doing that. members of Parliament we have a responsibility to take these steps wherever possible. I take this responsibility

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3052 ASSEMBLY Thursday, 1 September 2011 seriously and so do most others in this house. I listened room on the couch or in a position of comfort in what to the member for Brunswick, who spoke earlier on this would be a considerably nicer place amid nicer bill. Although I admire the passion in her contribution, surroundings than in a jail cell. she said that this home detention bill is only a minuscule part of the reforms we are trying to put in Comforts to which one might be accustomed in one’s place. I would like to remind that member that a home are not taken away. The privileges and liberties journey of 1000 miles begins with a single step. We that they had are in effect still there in their home will not get there overnight, but we will get there in environment, as they would be under normal time. This is yet another great achievement that we are circumstances. Therefore home detention allows beginning in our first year. convicted criminals the freedom to live at home and to enjoy their usual life with people coming through, I would like to congratulate the Minister for Corrections people coming in, people going out, friends visiting and on having the courage to bring this bill to the table. It is having takeaway food or whatever it is that they might not easy to make these tough decisions that not like. It does not resolve the fact that there are liberties everybody will agree with, and I also congratulate the that are not being taken away. Premier on supporting this and having the courage to go ahead with the bill. I believe it is not fair when you see That situation shows no consideration for the public’s people who have been convicted of a crime being in the perception of criminal sentences, and it shows no comfort of their own homes whilst some of the victims regard to those who have been victims of crime. I think of crime are uneasy in their own homes. I just cannot we have seen and heard so many voices from victims of see the balance in that, so I think this is a terrific bill crime, and so many voices from Victorian people who that sends the right signals. have said, ‘No more. We are not happy with the status quo’. Hence we have the coalition government’s strong I believe those who have offended and been found line on law and order and its strong line on making sure guilty need that punishment, and they also require a fair that home detention is taken out of the equation. This chance on release. As I have said from the beginning, I gives back to Victorians the perception — if not the think it is important always to reflect on the victims, to reality — that certain actions are not and will not be talk to the families and to talk to the communities, and tolerated. that is what communities are telling us. They are tired of what they see as soft sentences and with people As so many members have said, if you do the crime, getting away with criminal acts that they should not be you do the time. That is the way it should be, and that is getting away with. The abolition of home detention is a what Victorians expect. We need to give those great step forward, and I commend this bill to the fundamental rights back to Victorians and to house. acknowledge that we no longer accept a culture of crime being the status quo and of that being satisfactory Ms RYALL (Mitcham) — It gives me great to the government. That is not the case. pleasure to rise in support of the Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011 The current arrangements ignore community because it continues to deliver on the coalition’s law expectations of sentencing. They ignore even more and order platform and our commitment to restoring the offensively the views and feelings of victims of crime. confidence of Victorians in our legal and sentencing In its 2008 report the Sentencing Advisory Council systems. This bill is about putting an end to the softly, commented that the Victorian scheme’s conception of softly approach that everybody has known about in this home detention as a direct equivalent to imprisonment state for the last 11 years of the Bracks and Brumby was not in line with the sentences and with the victims’ Labor governments. expectations. I know that to a large extent the opposition is out of touch with the sentiments of the Based on what I have heard from members opposite, I people of Victoria, and that is most certainly so in would challenge them to confront and stand before their relation to crime. The council stated that it would seem constituents and say, as the member for Brunswick that, at least in Victoria, sentencers do not view home said, that this is a drop in the ocean. The abolition of the detention as a direct equivalent to imprisonment. Media home detention process is about saying, ‘No more. That reports following the release of offenders on home is enough’. There will be no more softly, softly; victims detention also suggest that victims have difficulty of crime have rights too. It is not all about the criminals accepting home detention as an appropriate substitute and their rights. At present in Victoria we are in an era for a period of full-time imprisonment in some of stay-at-home prisoners, where if you do the crime, instances. you will do the time; but you will do it in your lounge

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Thursday, 1 September 2011 ASSEMBLY 3053

Home detention as it stands is not perceived as a A 2006 research report by the Melbourne Centre for punishment. To suggest otherwise, as the opposition Criminological Research and Evaluation found that members did when they were in government, is most detainees viewed a sentence of home detention as farcical. Home detention is not the same as jail time. It being a less challenging punishment than a jail is like comparing apples with oranges. People have sentence. That is why we are seeking to amend the been able to serve their time at home. If we average it Corrections Act 1986 and the Sentencing Act 1991 to out, 81.4 criminals have been sentenced to home end Victoria’s home detention program. In my detention every year. Victorians have had enough of electorate alone, based on recent figures obtained under crime going unpunished in this state. This government FOI by the Herald Sun newspaper in February 2010, a went to the recent election with a clear commitment to total of nine residents are on home detention instead of abolish home detention. We are delivering on our being in prison. While this does not specify the crimes election commitments, and we will continue to instil that they have committed and should not engender fear that confidence in the community that we are tough on in the public, it should raise concerns over the leniency crime and that we do not accept the former of sending someone home when they have in fact government’s status quo on the acceptability of crime committed a crime. or the acceptability of punishments that in the eyes of the community are not perceived as being sufficient. This measure is as much about sending the message to people who have either committed crimes or are intent The bill says to those who break the law — those doing on committing crimes that the status quo is not okay. the crime — that for the first time in a long time jail We will make sure that we deliver on our commitment; time will mean jail time. We on this side of the house that we put in place all of our election commitments on believe a sentence of jail should mean jail, not a cushy law and order; that we restore community confidence couch, not a nice, comfortable bed at home surrounded and make sure that people feel safe, whether it be in by the mod cons of home life. There should be a denial public places or in their homes; and that home of privileges and liberties and consequences should be sentencing or a home detention order will not be the consequences. They should be significant enough for outcome of criminal activity. It is with these assertions the person to know, ‘What I did was wrong and I that I commend the bill to the house and wish it a should not reoffend’. Jail is defined as a place where speedy passage. people are physically confined and usually deprived of a range of personal freedoms, whereas home detention Dr SYKES (Benalla) — I rise to contribute to the does not do that at all. debate on the Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011. Like my Home detention is a lenient sentence, and that is a coalition government colleagues, I strongly support this reflection of the approach taken by the former bill. It is part of a suite of reforms to reduce crime and government. It is lenient, insufficient, not in line with make our communities safe so our people, our friends community sentiments and public perception or the and our families feel safe. Other components of this culture we should have in this state. We need to deal suite of reforms that the Baillieu government has with the perception of the issue in people’s minds and introduced in some 9 or 10 months of government lives before it blows out to become a bigger issue include putting more police on the beat, putting where the acceptance of crime grows and grows. It is protective services officers onto railway stations, also about making sure that this is one step in the law progressively abolishing suspended sentence options and order debate; it is one step in the process of for serious crimes, and providing incentives such as restoring law and order in this state and making it a community grants in the order of $10 000 for place of safety where people feel free to go about their communities to be proactive in reducing the risk of business. It is about making sure that people perceive crime in their areas. I know in my local area we would and understand that a sentence is a sentence, a expect groups such as the Glenrowan Football and conviction is a conviction, and the consequences in Netball Club to take advantage of that to put in place these situations shall be not life as normal but a jail security measures to stop theft from its clubrooms. term. Similarly, more recently we have had the announcement of grants of up to $250 000 for A punishment for a crime needs to be commensurate community infrastructure to reduce the impact of crime. with the crime itself. That is what we are referring to in these circumstances. Commensurate means, in the Just this week in the Parliament the Baillieu sense of perception and action, equivalent to, and we government has responded rapidly to the tragic need to make sure that in this case an equivalent situation of a couple of weeks ago where a poor young punishment in the eyes of the community is in place. child was killed by a dangerous dog. The government

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3054 ASSEMBLY Thursday, 1 September 2011 has applied a common-sense measure to address a us and said: ‘We have had enough of the Labor Party’s component of the dangerous dog situation and to spin. We have had enough of the Labor government toughen up on restricted breeds and not allow being soft on crime, failing to see through its irresponsible owners to continue to keep dangerous commitment and wasting money. What we want is dogs uncontrolled, putting our citizens at risk. In its people who can manage and who will protect the vast short time in office the Baillieu government has majority of law-abiding Victorians’. We have given introduced measures which show we are fair dinkum them our commitment that we will do that. I guarantee about making our community safe again for our friends the people of Victoria that we will deliver on that. We and our families. will make Victoria a much safer place to call home.

As I said, it has been interesting to listen to some of the Mr MORRIS (Mornington) — I am very pleased to debate on this bill. We heard the member for Derrimut, have the opportunity, which I thought was rapidly I think, criticising our approach to reducing the slipping away, to support the Sentencing Legislation suspended sentence option for serious crimes. He said Amendment (Abolition of Home Detention) Bill 2011, we have not delivered on an election promise. It has which of course implements the coalition’s election been quite clear on this side of the house that we have commitment to abolish home detention. not rushed into things. We have acted promptly, but it has always been in a considered way. On a number of This policy was in place for almost 11 months prior to occasions we have made it quite clear that in relation to the election. It received strong public support. It something like suspended sentences we will certainly has my strong support, and I believe it is an progressively remove those options from serious initiative which will prove valuable. I should make the crimes. We are doing that, but it takes more than a few point, though, that I am not and indeed never have been months to fix the mess left by 11 years of incompetent a lock-them-up-and-throw-away-the-key type of Labor government. person; however, I strongly reject the theory that has been advanced by some that the best way to reduce the I will just reflect on my philosophy as a member of a number of offences, and in particular the best way to rural community, a proud member of the community of reduce the rate of recidivism, is through the abolition of Benalla for over 35 years and a proud member of the custodial sentences. north-east Victorian community for that length of time. Our basic philosophy is that families are the basis of There have been attempts in some quarters to represent our communities and our families should feel safe. the reforms proposed in the bill as an exercise in the Under the Labor government we saw a loss of restriction of judicial discretion. I reject that argument direction. We saw a failure to protect the majority of equally strongly. The bill is about truth in sentencing law-abiding Victorian citizens and we saw too much and transparency in sentencing. It is about returning pandering to the perpetrators of crime. certainty to the sentencing process, because a custodial sentence should mean just that. This legislation Whilst what we have done so far can be said to be not implements one part of the package that was put before enough, it has clearly been signalled that we have other the electorate, which also includes the abolition of measures to be implemented. The member for Murray suspended sentences. The government intends to ensure Valley used the analogy of a journey of a thousand that a custodial sentence remains just that. Time spent miles starting with one small step, and I believe we in the custody of the state should not be time spent in have taken more than one small step. I believe we have the comfort of an offender’s own home. taken a number of small steps along this long road to restoring safety in our communities. I congratulate the Before I start talking about the detail of the bill I will Premier for his leadership; I congratulate the Minister make some brief comments on the issue of recidivism, for Corrections; and I congratulate the government as a which is of course a vital consideration in any whole for its courage and commitment to start on this discussion of the criminal justice system. As part of my journey. former role as deputy chair of the Drugs and Crime Prevention Committee I attended seminars and debates I am sure the public of Victoria will see us honour our on these matters. It was suggested to me in numerous commitment to again make Victoria a safe place to live, discussions at such events that the abolition of custodial work and raise a family. Do members recall that sentences would result in a lower level of recidivism. commentary from those who went before us? They lost That may well be correct, but it is a policy that few their way — they spruiked the words, but they did not people in this house would support — and certainly I deliver. We will deliver. We will do so because on would not support it at all. There is undoubtedly an 27 November 2010 Victorians put their confidence in expectation in the community — and I think it is across

NORWAY: MASSACRES

Thursday, 1 September 2011 ASSEMBLY 3055 the community — that if people do the crime, they common offences identified for home detention relate should do the time. That is a somewhat hackneyed to theft, fraud, driving and drug offences. phrase, but it rings true. How much time is a matter for the courts, but I do not believe it is unreasonable for this The structure of the bill certainly lacks complexity. Parliament to say that if time is to be served, it should Part 1 sets out a default commencement date of 1 June not be served at home and it should not be 2012 if it is not proclaimed earlier. I have every suspended — it should be served fully. confidence that it will be proclaimed much earlier than that, but that is the latest possible date. Part 2 sets out During the 56th Parliament, in the company of the now the necessary amendments to the Corrections Act 1986. Minister for Corrections and Leader of the House, I had Part 3 sets out the necessary corrections to the the dubious pleasure of visiting a wide variety of Sentencing Act 1991. Part 4 makes the consequential prisons around the state. We visited maximum security amendments to the Personal Safety Intervention Orders prisons, medium security prisons and minimum Act 2010, the Stalking Intervention Orders Act 2008 security prisons. Thankfully we started with the and the Family Violence Protection Act 2008. The minimum security prisons and worked our way up; transitional arrangements confirm that existing orders otherwise it could have been a bit of a shock for me, as will not be affected, as is quite proper, but upon I have led a relatively sheltered life. They are certainly commencement of the act no further orders, regardless not holiday camps, even though it is sometimes of any outstanding applications or requests for suggested in certain quarters that there are some assessments, will be possible. There is also a house similarities between the two. I can assure those amendment to ensure that during the transition period members who have not had the opportunity to visit orders under the Family Violence Protection Act 2008 prisons that there is no similarity between holiday and the Personal Safety Intervention Orders Act 2010 camps and prisons on any comparison. Prisons are very will continue in the appropriate manner. grim places. We need to remember that they are places where people are held against their will, where people As I said at the outset, I strongly support this bill. I suffer deprivation of their liberty at the hands of the believe the abolition of home detention will result in state. They are places of punishment, as they must be. truth in sentencing. A custodial sentence will indeed mean a sentence where the entire minimum sentence is However, in a humane society we need to ensure that served in prison. That is a situation where, as the prisons are also places where prisoners have the minister remarked in his second-reading speech, opportunity to develop life skills and practical skills — minimum sentences set by courts will not be subverted skills that will stand them in good stead once their time by early release on home detention. is served and they are out seeking to live what many of us would consider to be a normal life. Unfortunately in The passage of the bill represents the implementation of far too many cases it is not only a matter of dealing yet another coalition policy commitment, a list which is with the specific health issues, mental health issues or growing substantially with each day the Parliament sits. challenges that these people may have but also a matter It is an excellent initiative which certainly has strong of repairing the many gaps that have emerged as they support in the community. I commend the bill and the have developed. It is certainly my contention that you policy to the house. cannot achieve those sorts of outcomes under a home detention scenario because the expertise and the Debate adjourned on motion of Dr NAPTHINE capacity is just not there to achieve it. There has to be a (Minister for Ports). balance. There has to be a situation where there is Debate adjourned until later this day. punishment for a crime, but that punishment has to be combined with the maximum opportunity for rehabilitation. NORWAY: MASSACRES

In this debate it is instructive to recognise just how Debate resumed from 18 August; motion of many orders have been made and for which types of Mr BAILLIEU (Premier): crimes those orders have been imposed. From March 2004 there have been 113 home detention orders That we, the Legislative Assembly of Victoria, in Parliament imposed by the courts under the Sentencing Act 1991 assembled, express our deepest and most sincere condolences to the King and people of Norway at this time of great and some 504 orders from the adult parole board under suffering caused by the senseless events in Oslo and on the the Corrections Act 1986, with a total of 492 males and island of Utøya on 22 July 2011. 125 females over a period of seven years. The most

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The SPEAKER — I would like the Clerk to ring opportunities for people to be rehabilitated and to work the bells for 1 minute. I think a number of members their way back into the community as best they can. would like to be here for the conclusion of this debate. Part of our policy on law and order was to increase Bells rung. police numbers in Victoria, and we are standing by that commitment. The forward estimates show that we will Motion agreed to in silence, honourable members bring in 1600 extra front-line police along with showing unanimous agreement by standing in their 100 extra police for our public transport system and places. 940 protective services officers. We are trying to create a state that not only is safe but is perceived to be safe. The SPEAKER — I declare the motion agreed to Over time many people have come to understand that unanimously, and I will convey the resolution to the perception is reality. There has been a perception that Consul General of Norway. our streets are unsafe and that you cannot walk in certain parts of town without being assaulted or SENTENCING LEGISLATION confronted. We want to make sure that the message is AMENDMENT (ABOLITION OF HOME loud and clear: that we will have the police on the ground and that the courts will have the tools to punish DETENTION) BILL 2011 people so they do not commit crimes in the future.

Second reading I refer to my electorate and to the government’s law Debate resumed from earlier this day; motion of and order platform at the last election. Prior to the Mr McINTOSH (Minister for Corrections). election concerns were raised by many people in Emerald about the rising crime levels in the area. Mr BATTIN (Gembrook) — I rise to support the Crimes against the person had risen by 150 per cent to Sentencing Legislation Amendment (Abolition of 200 per cent, including one incident when five young Home Detention) Bill 2011. In 2010 we saw a strong people decided to assault and rob someone at an ATM. campaign from the coalition in relation to law and Over many years crime has been increasing in Emerald, order. It was one that Victorians embraced, and it took a and there has been much talk in the community about lot on board. A lot of it was classed as ‘getting tougher ensuring that it had a government that would listen to on crime’ and ensuring that those who commit crimes its needs and deliver on its requests. In the past the are punished accordingly. Previously we have seen community had made a request for a 24-hour police home detention, which in my view was a softer station in Emerald, but it fell on deaf ears during the punishment in that it enabled people to go back home 2002 and 2006 elections; nobody stood up for that after committing certain crimes. I personally did not community. A petition with over 3000 signatures was support it, and I was pleased to see the introduction of lodged — — this amending bill which will ensure there will no longer be home detention. Ms Campbell — On a point of order, I draw the attention of the house, and your attention, Speaker, to In his second-reading speech the Minister for the importance of the member speaking about the bill, Corrections said the government went to the recent which relates to home detention. The member has election with a clear commitment to abolish home strayed; he is not addressing the bill. detention as part of its law and order policy. This bill fulfils that commitment. The minister also said that The SPEAKER — Order! I do not uphold the point abolishing home detention would ensure truth in of order. This has been a very wide-ranging debate, and sentencing and restore the community’s confidence in members have raised a number of different issues. The jail meaning jail. member is talking on the bill, so I do not uphold the point of order. It is important that we get the message out there that jail does mean jail and that people who commit crimes will Mr BATTIN — This is a very important bill. Many receive penalties that are commensurate with the crimes people spoke to us about crime and crime statistics. The they commit. There are many different punishments concerns about the massive increases in the crime and penalties available to the courts. Not everyone will statistics in the Emerald area, including Nangana, be sent to jail. There are the options of intensive Cockatoo and Gembrook, are legitimate ones. The correction orders, community-based orders and community called for stronger action, it called for more rehabilitation programs. They provide plenty of police and it called for more effective sentencing. It was sick of people going to court and walking away with a

SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011

Thursday, 1 September 2011 ASSEMBLY 3057 suspended sentence or without any punishment at all. (Abolition of Home Detention) Bill 2011. The purpose That was pretty frustrating. It was frustrating for many of the bill is to: people in the police force as well. They do the paperwork and go through the whole process of taking … amend the Corrections Act 1986 and the Sentencing Act 1991 to provide for the repeal of provisions relating to home someone to court, only to watch that person walk away. detention orders and for other purposes. I can speak from personal experience as a police officer. I took someone in on their fifth charge of theft, I have limited time to speak on the bill, but I reiterate and for the third time in a row they got a suspended that this is an election promise that is being delivered. sentence while serving a suspended sentence. I do not The issue was debated during the campaign, and now find that at all appropriate, and I want to make sure this we have responded and are delivering on our election government delivers on truth in sentencing and thinks promise. about the victims of crime and not just the offenders. I would like to expand on one of the issues raised by the In saying that, I recognise it is very important to have a member for Gembrook. It is an issue that is sometimes program in place to rehabilitate offenders so they can not spoken about — that is, the pressure home go back into the community they came from. Obviously detention puts on families. Families do not have a not everybody can be rehabilitated when they have choice about saying yes or no to whether they take been through the system, and I think it is important that someone back into their home. I know the women’s we have programs in place for them. I cannot work out movement has some concerns about the pressure this how home detention is rehabilitation — that is, putting places on family members, because the answer has to a person back where they came from, leaving them in a be yes, even if their heart says it should be no. Without house and putting the burden on a family rather than being able to accept or reject whether someone comes where it should be, which is with the government and back and knowing the conditions under which you must the courts which hand out the penalties. For many have that person back can bring a risk of frustration and families having someone returned home can be a anger at the person who is confined to the home. The burden, including a cost burden. The person in home system may not pick up that there is anger; it may not detention may have been working but is now not able to detect the risk. But it can be there, it can be directed to work; they will be at home and not earning any income. those who are at home, and it can be behind closed If they were in prison, the family would not have to doors. If there is a boilover, the family has a very bear the cost. difficult choice to make, because if someone is in breach of their home detention order, they go straight We ran a pretty good campaign on law and order back to jail. It puts enormous pressure on families when during the 2010 election campaign because we listened someone is in home detention. We have been seeking a to Victorians. We listened to what they wanted. They balance in this. were sick of hearing continuously about the soft sentences that were being handed out in Victoria. We The pressure that home detention places on families is put out a survey to find out how people saw crime and not spoken about, and it is one of the things that has what they really wanted. Many people talked about the bothered me over time. In abolishing the provisions prospects for rehabilitation and how people can be relating to home detention orders it is useful to rehabilitated while they are in their home. remember that there are not a great number of people on home detention. Perhaps that is because our An honourable member interjected. judiciary has the wisdom to understand some of these pressures. Mr BATTIN — We did a survey. We had 11 years of neglect and inconsistency. We are going back to the Ms Campbell interjected. basics in law and order to ensure the safety of all Victorians. That is at the forefront of our minds. It Mr CRISP — I will not take up the interjection. comes down to more police, more protective services officers, a safer public transport system and safer The SPEAKER — Order! I would not, either. The streets. That is our target, and as I said, jail does mean member for Pascoe Vale should know better. jail. I support the Sentencing Legislation Amendment Mr CRISP — Although the numbers are small, it is (Abolition of Home Detention) Bill 2011, and I wish it an option. I think this is a sensible although difficult a speedy passage. decision that the government has taken. It is an election Mr CRISP (Mildura) — I rise to make a promise that we are delivering on. I trust that the issues contribution on the Sentencing Legislation Amendment I have raised about what happens behind closed doors

HEALTH PRACTITIONER REGULATION NATIONAL LAW (VICTORIA) AMENDMENT BILL 2011

3058 ASSEMBLY Thursday, 1 September 2011 during home detention are not as we suspect, but I think Third reading there is undue pressure on families. The bill fulfils an election promise, and I wish it a speedy passage Motion agreed to. through the Parliament. Read third time. Mr HODGETT (Kilsyth) — I rise to make a contribution on the Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011. Honourable HEALTH PRACTITIONER REGULATION members in this house have outlined the main NATIONAL LAW (VICTORIA) provisions of the bill and certain clauses. I would like to AMENDMENT BILL 2011 draw your attention to clause 1 — — Second reading The SPEAKER — Order! I would like to draw the member’s attention to the fact that the time set down for Debate resumed from 31 August; motion of consideration of items on the government business Dr NAPTHINE (Minister for Ports). program has arrived, and I am required to interrupt Motion agreed to. business. Read second time. Motion agreed to. Third reading Read second time. Motion agreed to. Circulated amendments Read third time. Circulated government amendments as follows agreed to: TRANSPORT LEGISLATION 1. Clause 11, line 32, omit ‘it.”.’ and insert ‘it.’. AMENDMENT (PUBLIC TRANSPORT 2. Clause 11, after line 32 insert — SAFETY) BILL 2011

‘( ) Despite the commencement of section 25 of the Second reading 2011 Act, section 131 of the Personal Safety Intervention Orders Act 2010, as in force before that commencement, is taken to continue to apply Debate resumed from 31 August; motion of on and from that commencement in relation to an Mr MULDER (Minister for Public Transport). old home detention order. Motion agreed to. ( ) Despite the commencement of section 27 of the 2011 Act, sections 17(8), 24(da) and 176AA of the Read second time. Family Violence Protection Act 2008, as in force before that commencement, are taken to continue Third reading to apply on and from that commencement in relation to an old home detention order.”.’. Motion agreed to. 3. Clause 24, page 7, line 13, omit ‘it.”.’ and insert ‘it.’. Read third time. 4. Clause 24, page 7, after line 13 insert —

‘( ) Despite the commencement of section 25 of the ROAD SAFETY CAMERA 2011 Act, section 131 of the Personal Safety Intervention Orders Act 2010, as in force before COMMISSIONER BILL 2011 that commencement, is taken to continue to apply on and from that commencement in relation to an Second reading old home detention order. Debate resumed from earlier this day; motion of ( ) Despite the commencement of section 27 of the Mr RYAN (Minister for Police and Emergency 2011 Act, sections 17(8), 24(da) and 176AA of the Family Violence Protection Act 2008, as in force Services). before that commencement, are taken to continue to apply on and from that commencement in Motion agreed to. relation to an old home detention order.”.’. Read second time. 5. Clause 27, line 17, omit “176A” and insert “176AA”.

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Third reading told that that particular program would cease, but unfortunately nothing has replaced it other than yet Motion agreed to. another audit. The former Labor government’s program to upgrade every government school in the state was Read third time. based on the independent advice and assessment of the Business interrupted pursuant to sessional orders. Department of Education and Early Childhood Development — it was based on need.

ADJOURNMENT WPS is ready and willing to undertake any process the minister requires in order to be ready for a May 2012 The SPEAKER — Order! the question is: budget announcement which funds their school rebuild. What they cannot do is move to a Liberal electorate in That the house now adjourns. order to receive a positive funding result. At a recent meeting I advised the school council that the minister’s Westbreen Primary School: funding standard response to Labor members is that funding Ms CAMPBELL (Pascoe Vale) — I raise a matter will be going to fulfil Liberal election promises. I for the attention of the Minister for Education. On remind the Minister for Education and public servants behalf of Westbreen Primary School’s 230 children and that when ministers take their oath of office they swear 144 families, I ask the minister to visit the school so he to act without fear or favour. Funding focused on can personally hear from the children about their need schools in Liberal-held seats is not acting without fear for a rebuild of the old section of the school. Westbreen of favour, nor is it acting justly. As one of the school Primary School (WPS) has diligent students, dedicated councillors said, how is it that only Liberal electorate staff, devoted parents and dismal buildings. It is in schools receive respectful and impartial advice and desperate need of rebuilding and has completed the funding? preparatory work required by the Department of Mount Eliza: Crown land Education and Early Childhood Development’s infrastructure branch. Mr MORRIS (Mornington) — I raise a matter this afternoon for the Assistant Treasurer, the Honourable Over the last decade Labor rebuilt Pascoe Vale North Gordon Rich-Phillips. Members may well be aware of Primary School and Oak Park Primary School, each of reports of the construction of a private swimming pool which received stage 1 and 2 funding. Glenroy Primary on Crown land at Mount Eliza. The pool was reportedly School was amalgamated with Glenroy North Primary constructed without a permit and on land identified as School, and the brand-new school will be opened in lacking the stability required to bear the combined 2012. Westbreen’s Building the Education Revolution weight of the structure and the water it contains. The project was the first sizeable funding injection in action I am seeking is that the Assistant Treasurer decades, and it was to be the next primary school ensure that no agreement is entered into by the rebuilt in my electorate. government to sell or otherwise transfer control of the WPS had an assisted supplementary maintenance audit land occupied by the swimming pool to any private in 2011, which identified $155 000 worth of work for person, body or corporation. immediate attention. No funding was received other There are a number of issues in relation to this matter in than a small amount of supplementary regional funding terms of the building itself, the structural integrity of the of approximately $21 000. The audit also highly pool and, more importantly, the location of the recommended yet another audit called a comprehensive structure. I do not want to canvass the building issues audit. If yet another audit is absolutely necessary to except to note that the pool has been constructed on the prove the school needs to be rebuilt, then I favour it. foreshore reserve at Mount Eliza and that there has However, if it is an excuse for further procrastination been some discussion — much of it public — by the minister, I ask him not to waste precious money surrounding the issuing or otherwise of a building on unnecessary procrastination but rather focus the permit and normal consents for the construction of such department’s energy on the total rebuild. a structure. I understand that the pool has now been In October–November 2010 WPS was included in the drained to avoid collapse, given the reported instability Building Futures (BF) program, cycle 5, stage 2. Its of the slope, and that further discussions, including educational pedagogical rationale work is complete and those of a legal nature, around the future of the pool are has been submitted to the department. As soon as the occurring. coalition was elected all schools involved with BF were

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I am more concerned about the second issue, which is should ensure that competitive Victorian companies, the future status of the land on which the pool is such as Wangaratta-based Bruck textiles, are well located. The land is a coastal reserve and is currently placed to provide fabrics for the new uniforms for managed by the Mornington Peninsula Shire Council. Victoria Police. Short-term work for police uniforms Essentially the question is whether the construction of has already gone offshore to China because of inaction any building or other asset should provide an by this government, particularly from senior ministers opportunity or an excuse for the person who has who profess to be concerned about regional occupied public land to then purchase the land or employment. acquire control of the land under a long-term lease. It is my view, and certainly the view of my community, that The Victorian government is our state’s largest it should not be allowed to occur under any purchaser of goods and services and should use its circumstances. That is the critical issue here. purchasing power to support local content and local jobs. Whether it is police uniforms or major projects, It is the role of government to protect public land. I am strong procurement arrangements can generate local confident that that is a view shared by all my colleagues jobs and boost local economies when our economy on this side of the house, and I am sure it is shared by desperately needs both. It is my view that strong local probably all members on the other side of the house as content and procurement policies can balance value for well. I urge the Assistant Treasurer to make a strong money for taxpayers with good outcomes for regional statement to protect this coastal reserve and to reject economies and local employment. any advance made to alienate the land. I call on the Treasurer to rule out these damaging Government: procurement policy recommendations and to ensure that any response to that VCEC report balances the need for value for Mr HOLDING (Lyndhurst) — I raise a matter for money for taxpayers with good outcomes for Victorian the attention of the Treasurer, and the action I seek is manufacturing and local employment and jobs. that he immediately rule out the Victorian Competition and Efficiency Commission’s (VCEC) draft Cardinia Road–Princes Highway, Pakenham: recommendations concerning procurement from its upgrade inquiry into manufacturing. In particular the draft recommendations that I call on the Treasurer to reject Mr BATTIN (Gembrook) — My adjournment are those that seek to downplay the importance of local matter is for the attention of the Minister for Roads. The jobs and local content. action I seek from the minister is that he provide a timetable for the anticipated completion of an important As most honourable members would be aware, in project so I can communicate that to the local March this year the Treasurer and the Minister for community. It relates to the Cardinia Road–Princes Manufacturing, Exports and Trade directed VCEC to Highway intersection in Pakenham. This intersection is conduct an inquiry into Victoria’s manufacturing currently undergoing a $3.83 million upgrade, industry. VCEC released an issues paper in March, and including the provision of new traffic lights, new traffic in June a draft report was delivered to the Treasurer. lanes and safe pedestrian crossings. It is great to see the The draft report contained many concerning Baillieu government’s commitment to road safety in recommendations, including some relating to action at this intersection. In the five years from 2005 to investment attraction and facilitation. Of particular June 2010 there were seven crashes at this intersection, concern are those recommendations in chapter 12 that with five of those crashes resulting in serious injury. relate to procurement. Despite being invited to do so, Many residents have reported seeing near misses as the government has refused to rule out these cars turn right from Cardinia Road into oncoming recommendations. traffic on the Princes Highway, which demonstrates the clear need for clear traffic signals to eliminate any Many Victorians are appalled that the government is confusion. contemplating dismantling key elements of the Victorian industry participation policy at a time when Traffic on these roads will continue to increase, with our manufacturers are under such pressure. The global Pakenham and the surrounding communities financial crisis, the high Australian dollar and increased experiencing significant population growth over the competition from low-cost locations such as China are past few years. Cardinia Shire Council estimates that clear and present dangers to Victorian manufacturing. 36 000 people now live in Pakenham — almost double A case in point is the production of fabrics for Victoria the 2006 population. That growth will continue for Police uniforms. Strong local content arrangements some time, with a significant new development planned

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Thursday, 1 September 2011 ASSEMBLY 3061 for Officer, which lies on the other side of Cardinia occurred prior to the last election; in its 2009–10 report Road. Many of these new residents will use Cardinia it gave details of consultancies that were under Road to access the Monash Freeway. Several new $100 000. schools are also planned for the area, including the Casey-Cardinia special school and the Officer Of the five reports referred to in my question without secondary college. There will also be a new Catholic notice in the house today — those of the Department of school on Cardinia Road, within a few hundred metres Premier and Cabinet, Ambulance Victoria, Alfred of this intersection. A significant number of students Health, the Port of Melbourne Corporation and the will travel to these schools via Cardinia Road. Department of Justice — only that of the Department of Justice complied with the policy. But the Department of The previous government failed to plan for and Justice had complied with the policy prior to the accommodate growth in my electorate. The coalition election of this government, so no inference should be understands that residents want infrastructure to be drawn that there has been any change to the details available to them when they move to a new area, not a supplied in these reports or that the Department of decade later. This intersection upgrade has been Premier and Cabinet complied with the policy. warmly welcomed by the local community; however, given the complications with the project — the weather This is a very important issue, since trust in government and other variables — there is much speculation about and not playing with words is critical in ensuring that when it is likely to be completed and ready for use. we have a government that people can trust. I note that Again, I request the minister to provide a timetable for there was an interjection saying that it was a good the anticipated completion of this important project so I answer. I point out that it failed to give a clear account can communicate that to the local community. of what had occurred and it failed to include details of the consultancies; nor did it create a correct impression Government: consultancies of what had actually occurred. In these cases answers, particularly answers by the Premier, should not just be Mr SCOTT (Preston) — The matter I wish to raise clever, they should convey what has actually happened. is for the attention of the Premier. It relates to It would be opportune if the Premier chose to come into consultancies under $100 000 awarded by the the house and clarify this issue and make clear exactly Department of Premier and Cabinet. The action I seek what occurred with respect to the reporting of is that the Premier keep his word to the Victorian consultancies under $100 000, and it would be people by reporting the details of all consultancies appropriate for him to provide that to the house in awarded by DPC, including the name of the consultants accordance with his policy. and the related departmental expenditure. Sport and recreation: Rodney electorate Prior to the last election the Victorian coalition made a commitment in its policy document The Victorian Mr WELLER (Rodney) — I raise a matter for the Liberal-Nationals Coalition Plan for Better Financial attention of the Minister for Sport and Recreation with Management, and I will quote from the document: respect to a number of sporting-related projects in the Rodney electorate. I respectfully ask the minister to A Liberal-Nationals coalition government will issue clear visit my electorate in the coming months to personally guidelines and definitions on the use of consultants and put an end to this play with words designed to avoid scrutiny by meet with community groups in Echuca, Cohuna and taxpayers. In addition, we will ensure all consultancies — Kyabram concerning major sport and recreation including those under $100 000 — are reported in annual proposals in each of those towns. reports, ensuring greater accountability and transparency in government. In Echuca I would like the minister to attend an on-site briefing and inspection of the Victoria Park sporting Any reasonable person listening to the answer given by precinct to learn firsthand of the latest developments the Premier in question time today would have drawn regarding the master plan for the precinct. Victoria Park the conclusion that the Department of Premier and and its immediate surrounds combine to form the key Cabinet had complied with this policy; however, this is sporting and recreation precinct in Echuca, and there is simply not the case. The DPC has continued its practice much work to be done at the reserve to bring it up to an from the previous annual report of only reporting a acceptable standard. The master plan for the precinct summary. Of the five annual reports released, the only includes a proposal to upgrade the main sports oval, one that complied with the policy announced by the replace tennis courts, construct a new shared pavilion coalition prior to the last election was the one from the and community facility, reinstate the second sports Department of Justice. However, the Department of Justice was simply continuing its practice which

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3062 ASSEMBLY Thursday, 1 September 2011 field, upgrade the amenity of Victoria Park and improve 15 per cent. Thirty per cent of assaults are family traffic management in the area. related, with most happening in the home. Bashings in the home increased by 13 per cent. Whilst the victims Similarly at Cohuna a master plan has been developed of most assaults were men, these statistics show that the to enhance the sporting and recreational facilities at the number of female victims increased by 11 per cent town’s recreation reserve. The plan includes upgrades compared to the previous year. to the main sporting fields, the netball precinct, the main pavilion, the second oval and the surrounds of the In this place yesterday I launched a report into issues reserve. The reserve, located on Gunbower Island, surrounding family violence in the seat of Keilor. That north of the Cohuna township, is used by a number of report was the result of wide consultation with services sporting groups and is home to the annual Cohuna in the area and was completed over five months. In Show, run by the Cohuna Agricultural, Pastoral and Keilor, unfortunately, we have the highest rate of Horticultural Society. family violence in western metropolitan Melbourne. There are 740 incidents per 100 000 residents, and the At Kyabram the racecourse and recreation reserve trust Keilor Downs police station receives 3200 calls a year committee is working through a problematic issue regarding family violence. Whilst the Keilor Downs regarding an unsealed car park at the facility. The police station has a family violence unit, it needs more reserve has four major tenants, those being the staff, more officers. It has a lack of services and real Kyabram Parkland Golf Club, the Kyabram Trotting issues with its locality. Club, the Kyabram Small Bore Rifle Club and the Kyabram Urban Landcare group. The oval within the The report contains an analysis comparing the seats of trotting track is also used by local scout and guide Brighton and Keilor in terms of available services groups and various other sporting groups including the relating to family violence. Whilst the seat of Brighton junior cricket association. In addition the clubhouse has 341 incidents per year, there are 740 incidents in the facilities are regularly used for weekly bingo sessions, seat of Keilor. The services available are starkly Rotary club meetings, family celebrations, funerals and different. Men in the seat of Keilor who need support wakes. The current unfinished condition of the car park have to travel more than 20 kilometres to attend a means it becomes an unpleasant and dangerously behavioural change program, compared to the seat of muddy area for days following rain events of any more Brighton where men need to travel only 7 kilometres. than 15 millimetres. The car park is also creating a dust The availability of support from psychologists is hazard in the dry summer months for both users and severely lacking — there are 42 available psychologists neighbouring properties. in the seat of Brighton but only 6 in the seat of Keilor.

I seek the minister’s acceptance of my invitation for For those who have suffered family violence, the him to visit the Rodney electorate as soon as he is able Sunshine Hospital is 10 kilometres away from the and to meet with the groups associated with the projects centre of Keilor, whereas Sandringham hospital is only I have outlined and offer guidance on each of these 5 kilometres from the heart of Brighton. The important issues. differences in the availability of services are quite stark. I am proud to say that the Brumby Labor government Family violence: Keilor electorate was instrumental in putting in place new protections for victims of family violence, with over $176 million Ms HUTCHINS (Keilor) — The matter I raise invested between 2005 and 2010. today relates to the crime statistics released by Victoria Police earlier this week. The action I seek is for the Jordan Reserve, Chadstone: security upgrade Minister for Crime Prevention to outline the government’s strategy to reduce family violence in the Mr WATT (Burwood) — My adjournment matter north-western suburbs of Melbourne. is for the attention of the Minister for Sport and Recreation. The action I seek is for the minister to The new crime statistics released on 30 August 2011 confirm the election commitment of $10 000 for a reveal that, whilst overall crime in Melbourne is down, security upgrade at the Jordan Reserve in my electorate, rape and domestic violence have increased. The latest which is the home of the Chadstone Synners football Victoria Police yearly statistics show a spike in crimes club and includes the FIDA teams, Mount Waverley against the person — up by 5.6 per cent — and family Auskick — — incidents, which were up by 14.6 per cent. Rape crimes were up by 9.3 per cent, and abductions and Mr Walsh interjected. kidnappings also spiked, with an increase of almost

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Mr WATT — No. 1 ticket-holder. I ask the minister to confirm the $10 000 for the security upgrade at the Jordan Reserve in my electorate, The DEPUTY SPEAKER — Order! The member, and I thank Bill Garland for his advocacy in this regard. without assistance. Planning: green wedge logical inclusions Mr WATT — There is also the Mount Waverley Cricket Club. During my tenure as a candidate for what Ms GREEN (Yan Yean) — I rise to raise a matter was considered the reasonably well held Labor for the attention of the Minister for Planning. The electorate of Burwood, I went about establishing a action I seek is for him to halt the disruptive and rapport with community and sporting groups within the distressing process of the logical inclusions program in electorate. Among the people I met and spoke to was relation to the urban growth boundary currently under Bill Garland, the vice-president of the Chadstone way in the city of Whittlesea and the shire of Synners and coach of the Chadstone Synners senior Nillumbik. disability team, who were recent FIDA division 2 senior premiers. He spoke of his frustration at I refer specifically to 60-hectares of land at 60 Watts constantly finding the clubrooms at Jordan Reserve in Road in Doreen, which is located immediately north of Chadstone burgled. Hazel Glen Drive, south of Arthurs Creek Road, west of the Yan Yean pipe track and east of the Plenty River. For those members who do not know what FIDA is, I There is also land in Diamond Creek that is located will tell them: it stands for the Football Integration north of Allendale Road and abuts Eltham. Development Association, and it provides access to football to anyone in Victoria with an intellectual Last week Doreen residents were absolutely horrified to disability. There are currently around 400 players learn that the Growth Areas Authority, without involved in the program who receive a regular and consultation or information, was taking the step of competitive fixture of Australian Rules football. making a recommendation regarding this pristine area, which is a rural conservation zone that people buying in I would like to take the opportunity to again the area had thought would be kept as a rural congratulate the Chadstone Synners disability teams, conservation zone in perpetuity. It is a flood-prone area. because as I said earlier, the Synners seniors FIDA It has 200-plus red gums that are more than 200 years football team members were all conquering this year: old. They have survived 200 years of European the team finished undefeated and demolished settlement, but it seems they may not survive for two Williamstown in the grand final — the end score was years under this government. 71 points to 30. I furthermore congratulate the reserves for finishing runners-up. The community has told me what Doreen and Mernda needs — that is, a secondary college and more primary Chadstone Synners also competes in division 4 of the schools. The current primary school at Laurimar, which Victorian Amateur Football Association. The Synners opened in 2009, will be the largest primary had a testing time this year but made encouraging school — — moves later in the season and just missed out when playing against the Manningham Cobras in the last few The DEPUTY SPEAKER — Order! How is what weeks. I hope the seniors team can take motivation the member is saying relevant to the matter being raised from the disability team and that next year we will have with the minister? a great season. Ms GREEN — It is relevant to the matter being Chadstone has a great community club. The Synners raised, because it relates to services. If there are more have been asking for a security upgrade for their houses, these services will be more under stress. This clubrooms from the City of Monash and the previous primary school will have 1200 students and state Labor member for Burwood but to no avail. The double-storey portables in the next year or two. The Synners asked if the Baillieu coalition government Doreen residents need a train service, a bus service and would help secure the clubrooms. The argument that upgrades to Yan Yean Road, Plenty Road and Bridge the Synners put was a very compelling one. The Inn Road. What they do not need is more houses, less clubrooms became just another thing to add to my list open space, more congestion, kangaroo culls and the of many issues that my opponent neglected during his destruction of 200-year-old red gums. 11 years as the Labor member for Burwood. Diamond Creek community members read with distress this week’s Heidelberg and Diamond Valley Weekly,

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3064 ASSEMBLY Thursday, 1 September 2011 which states that the planning minister has written to Many small business owners — I was a small business the Nillumbik council: owner for 15 years — cannot take holidays. When they try to have a break, they receive phone calls, emails and … offering a chance to ‘rectify anomalies’ in the urban all those sorts of things. They constantly worry about growth boundary. While most residents want to save the green wedge, a few landowners would be happy to see their being able to keep the doors open and the welfare of properties rezoned residential, with potential their staff. Their greatest fear in general is that a carbon multimillion-dollar land sales. Rumour has it one of those tax will put them out of business and affect local keen for rezoning is a Liberal whose family donated big employment in the state of Victoria, including the bucks to the coalition’s state election campaign. electorate of Mitcham. This is a great concern to me. I I put it to members of the house that this donation is ask the Minister for Energy and Resources to visit the reputed to be from the family of Jack Gange, who was electorate of Mitcham and talk about these impacts on the Liberal candidate for the seat of Yan Yean at the local small business owners. last election. There needs to be scrutiny of this. This is a bushfire-prone area. It has been looked at many, many Responses times over the years. It is not suitable for urban Mr MULDER (Minister for Public Transport) — development. It is in a pristine green wedge area. The member for Gembrook raised with me an issue in This government smacks of looking after its mates and relation to the timing of a commitment given by the not looking after the community. It does not listen. coalition government for the upgrade of the intersection of Cardinia Road and the Princes Highway. The The DEPUTY SPEAKER — Order! The member for Gembrook, with whom I visited this site adjournment debate is not an opportunity — — prior to the election, has been lobbying strongly for his community. He laid the cards right on the table in terms Ms GREEN — The minister should — — of the importance of this upgrade. He discussed with me issues for pedestrians at that particular intersection, The DEPUTY SPEAKER — Order! I advise the including the need for traffic signals and a major member for Yan Yean that when the Deputy Speaker upgrade. The member for Gembrook was able to point says ‘Order’, members should stop talking. The out to me the accident history of that particular location adjournment debate is not an opportunity to attack the and how important it is, given the growth in that area, government, an individual member or the opposition. for this intersection to be upgraded. The member for Gembrook pointed out that new schools are being built Carbon tax: small business in the area, particularly the Casey-Cardinia special Ms RYALL (Mitcham) — My matter is for the school and a Catholic school, and that teachers working attention of the Minister for Energy and Resources. I at the schools, parents visiting the schools and request that he come to the electorate of Mitcham and schoolchildren would be going in and out of that talk to small business owners about the impact of a intersection, and he was concerned about their safety. carbon tax on their businesses. As a former owner of a The member for Gembrook rightly points out that the small business I have significant concerns, as do many project that VicRoads will be undertaking will be small business owners in my electorate, in relation to complex. He has asked me to contact VicRoads and the impact of a carbon tax and its impact on energy provide him with a timetable so he can take the costs. As energy costs will increase, their concern is message back to the people of Gembrook and let them whether they will be able to continue their businesses, know exactly what the time line for the delivery of this including continuing to employ staff and supplying important project will be. I thank him for raising the their products and services, and what the impact will be issue with me. As I said, he has been a very active and on their businesses and livelihoods. vocal member for the Gembrook community and In contrast to members opposite, small business owners deserves every accolade I can give him for getting this are concerned about the livelihood, welfare and project up and supporting his community. wellbeing of their staff, who are their greatest asset, and Mr DELAHUNTY (Minister for Sport and about the need to make sure that in any situation or Recreation) — Firstly, I will respond to the matter circumstance they can continue providing employment raised with me by the member for Rodney. I thank him to those people, because they know their people depend for raising this important matter on the adjournment on them for their livelihoods. tonight and for his strong support for sport and recreation and community groups right across his electorate. I have worked with this member for many

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Thursday, 1 September 2011 ASSEMBLY 3065 years and know he has been tireless in his work. He is a contribute $10 000 towards the installation of security great member, and it is good that he has raised this facilities to help prevent further theft at this facility, matter here today. which I understand has been the target of vandals and thieves on a number of occasions. There is nothing As the member would be aware, the Victorian coalition worse for a community group, after having worked government delivered a $79 million funding boost in hard to raise funds to build facilities at council the 2011–12 Victorian budget to assist both grassroots buildings and the like, than to have vandals doing and high-level sport. This funding includes $5 million damage to them. Such actions take away the resources over four years for additional sport and recreation others use to participate in sport and recreation. Since grants. Our aim is to alleviate the backlog of upgrades the election last year the member for Burwood has been needed by smaller clubs following the neglect of the active in raising this important matter with me. Labor government. We want to increase the opportunities for Victorians to participate in sport and We want to see the project proceed. It has been recreation, because we on this side of the house highlighted to me that the vandals have previously recognise that sport helps build strong and healthy targeted the club and that there have been break-ins, communities. I was listening to the member making his property damage and stealing from the community contribution. He spoke about Victoria Park at Echuca. group. On this side of the house we are committed to When he said ‘Victoria Park’ I thought he was talking working with our communities to provide facilities to about the Collingwood Victoria Park. I was a bit increase participation. I am pleased to confirm to the worried when I thought he was looking for support at member for Burwood that we will deliver on our Victoria Park! But if it is for Victoria Park, Echuca, that promise to provide $10 000 for this important project. I is good. thank the member for Burwood for his advocacy and look forward to working with him on the delivery of The member also spoke about the Cohuna master plan. this project. I remember running around the Cohuna oval. A few years ago I worked in the meat industry standards Mr DIXON (Minister for Education) — The office, and I would regularly go to Cohuna and stay member for Pascoe Vale raised with me an issue there overnight. I would run up to the Cohuna football regarding Westbreen Primary School. She asked me to ground. It is a long, skinny oval. There is a great come out to visit the school and talked about its community at Cohuna. I thank the member for his condition. Earlier in the week she presented me with a invitation to visit the Rodney electorate and meet with number of letters, in an innovative form, from just community groups, particularly the sporting groups at about every student in the school, pointing out why Echuca, Cohuna and Kyabram. I encourage the they feel they need an upgrade of their school. I have member to contact my office to arrange a suitable time. visited dozens and dozens of schools, and I am looking Importantly, I am looking forward to visiting the forward to going out to the school at some stage to talk Rodney electorate and meeting with the many groups to the children and compliment them on the way they that are important to his electorate. have gone about putting their case forward.

I thank the member for Burwood for raising with me an The way the students and the member have gone about adjournment matter in relation to the coalition it is in distinct contrast to the stunt involving the hinges government’s election commitment of $10 000 for the of a door at the Essendon Keilor College falling off. upgrade of security at the Jordan Reserve pavilion at The school has been subject to 11 years of neglect by Chadstone, a good area of Melbourne. I would also like the previous government and now the local member to acknowledge the tireless work of the member for expects me to fix that neglect. We have already been Burwood in supporting community sport and his strong out to that school and given $640 000 to address the support for increasing participation in the electorate of immediate concerns. I thought the stunt with the door Burwood. As we all know, my theme is to get more might have been symbolic of that member’s rumoured people more active more often. When he talked about exit. I will have to ask the member about that, but he is the Synners I was a bit worried. If you listened to the not here. I commend Westbreen Primary School on the rest of his contribution, you realised they are people, way it has gone about putting forward its case and look including those with a disability, who play sport. That forward to visiting the school, as I do many schools that is fantastic. We need to encourage those who have a call for attention after the neglect they have suffered disability to participate in sport and recreation. over a number of years.

During the election campaign the member for Burwood Another point to which the member referred is the and the coalition government announced that we would government’s priorities for school capital works. In this

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3066 ASSEMBLY Thursday, 1 September 2011 year’s budget we have allocated about $208 million for members and community leaders is important in all of capital works, of which $116 million — more than those issues. As I said, it is a key priority of the half — is not based on coalition election promises but coalition government. on other priority needs: for special schools, including autistic schools, right around the suburbs of Melbourne, The Minister for Community Services and Minister for for new schools and for land. We are governing for all Women’s Affairs has a key role in the government in Victorians and addressing the needs of all schools coordinating all of those initiatives. It is not quite in my across Victoria — and the needs we have inherited are portfolio responsibilities but it is a very important great. matter that the member for Keilor has raised. The Baillieu government is treating this very seriously. Mr McINTOSH (Minister for Crime Accordingly, I will see that this matter is referred to the Prevention) — The member for Keilor raised with me Minister for Community Services and ensure that she the important issue of methods to reduce family provides a specific response to the issue that the violence in her area. As the Minister for Crime member for Keilor raised with me today. Prevention I have the opportunity of talking to a number of different communities around the state: Mr O’BRIEN (Minister for Energy and representatives from local government, the police force Resources) — I am pleased to respond to the matter and people involved in domestic violence and others. raised by the member for Mitcham. As a former small What is clear is that we need to take a long-term view business owner herself, the member is acutely aware, as of preventing crime, and that is certainly the are members of her electorate, of the potential impact of government’s intention. We have to address immediate the federal government’s carbon tax on her issues, but in the long term there are three things that constituents. There are a number of challenges that keep coming up. Substance abuse, legal or otherwise, is businesses and communities are facing. Power prices a significant driver of crime; mental illness is also a are increasing for a variety of reasons, but the proposed significant driver of crime; and I will try to encapsulate impact of the carbon tax on electricity prices will be the third driver, which involves the issue of stable significant, and the federal government’s own housing. modelling shows that Victoria will be hit first and hardest by a carbon tax. The federal government’s Issues relating to homelessness are a matter of profound Treasury modelling shows that the impact on gross concern that need to be dealt with, likewise the issue of state product in Victoria will be more significant than in stable housing. The issue of domestic violence is one of any other state and that it will last between the the significant drivers of a lack of stable housing. One introduction of a carbon tax — proposed for 2012 — of the appalling statistics that has been provided to me, and about 2040. For the next 30-odd years we will see anecdotally or otherwise, is that one in four children in Victoria’s economic performance hit hard as a this country are exposed at some stage to significant consequence of the carbon tax, according to the federal issues relating to domestic violence. The impact that Treasury’s own modelling. will have on the children as they grow up may lead to issues relating to intergenerational crime. Specifically in relation to impacts on employment, modelling that has been undertaken by Deloitte for the I assure the member for Keilor that the issue of Victorian government has indicated that approximately domestic violence is a key priority of the Baillieu 24 000 jobs may well be at risk as a consequence of the coalition government, and one of my roles is to try to carbon tax. deal with immediate, medium and long-term solutions to such major issues. Of course there are a number of Mr Scott interjected. short-term solutions, the principal of which is the additional 1700 police — the largest number of police Mr O’BRIEN — I take up the interjection by the in Victoria’s history. Police have a significant role to member for Preston. Jobs will be at risk, and I would play in preventing domestic violence. We also have to have thought that the member for Preston and all search for long-term solutions. The member for Keilor members of this house would be keen on saying, ‘We has responsibly raised this matter for me, and I can want to see strong jobs growth in Victoria’. That is assure her that the coalition is spending $50 million a something we should all be agreeing on, so why would year, including this year, to respond to and combat you be supporting a federal government policy which is domestic violence through prevention, education, going to hit jobs growth in this state? I know that the response initiatives, increasing the safety of women and member for Mitcham, her families and her businesses holding perpetrators to account. The interaction want to see more employment; they want to see more between local government, the police force, community members of more families in jobs. They do not want to

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Thursday, 1 September 2011 ASSEMBLY 3067 see family members who have got jobs now losing them because of a badly thought through carbon tax proposal.

There are going to be impacts on services for the families of Mitcham as well. There will be hits to state school electricity bills and public transport costs will rise as a result of a carbon tax. Isn’t it ironic, Deputy Speaker, that a supposedly green, environmentally friendly policy will actually increase the cost of public transport but will exempt petrol for cars? You have got a supposedly environmental tax which makes public transport more expensive and makes cars relatively cheaper. Only a Labor-Greens economic plan could outline that public transport should be made more expensive and cars relatively cheaper under a carbon tax.

Our public hospitals will also see significant increases in their running costs as a result of the carbon tax. It is a policy which is going to hit all Victorians first and hardest. I would be very pleased to join the member for Mitcham in her electorate and speak to the families and businesses out there about how this will impact them if it goes through in its current form. This state government will stand up for the interests of Victorian families and Victorian businesses. We want to ensure that this is a fantastic place with strong economic growth into the future. We know, not only from the federal Treasury’s own modelling but also from modelling that has been done by the Victorian government, that we stand to lose significantly if this carbon tax goes through.

Mr McINTOSH (Minister for Corrections) — I will refer all other matters to the relevant ministers.

The DEPUTY SPEAKER — Order! The house stands adjourned.

House adjourned at 4.46 p.m. until Tuesday, 13 September.

3068 ASSEMBLY

QUESTIONS ON NOTICE

Tuesday, 30 August 2011 ASSEMBLY 3069

QUESTIONS ON NOTICE

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

Tuesday, 30 August 2011

Consumer affairs: cord safety kits

110. Ms D’AMBROSIO to ask the Minister for Consumer Affairs how many curtain and blind cord safety kits were distributed by the Department of Justice between:

(1) 1 December 2010 and 31 March 2011. (2) 1 January 2010 and 30 November 2010.

ANSWER:

I am advised that:

At least 15 young children have died in Australia since the early 1990s after becoming entangled in looped curtain and blind cords, including 2 in Victoria in August and September 2009.

Through Consumer Affairs Victoria, the government is distributing curtain and blind cord safety kits, which work by securing dangerous cords and preventing the strangulation risk to babies and young children.

As at 31 March 2011, a total of 27 364 curtain and blind cord kits had been distributed, including almost 17 000 to individual homes and more than 10 000 to other organisations.

The table below shows the number of kits distributed to individual homes each month since January 2010.

Individual orders peaked after the campaign launched on 28 January 2010. The higher number of orders early in the campaign reflect promotional activities occurring at the time.

Bulk orders were distributed to organisations such as child-care centres, kindergartens, local councils and hospital maternity wards.

KITS DISTRIBUTED 2010–11

Month Individual orders to Victorian homes January 2010 361 February 5210 March 4152 April 1036 May 738 June 1508 July 1607 August 408 September 364 October 252 November 286

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3070 ASSEMBLY Tuesday, 30 August 2011

Month Individual orders to Victorian homes December 129 January 2011 100 February 332 March 193 TOTAL INDIVIDUAL ORDERS 16 676 BULK ORDERS * 10 688 TOTAL KITS DISTRIBUTED 27 364 * No monthly distribution figures available

Consumer Affairs Victoria promotes the kits on its website, via product safety related radio spots on SBS, inclusion in announcements in ethnic media and in Department of Justice media activities.

Since November 2010, Consumer Affairs Victoria has also promoted the kits at more than 70 product safety workshops and presentations across the state.

The government remains committed to this important initiative to save children’s lives.

Public transport: ministerial visits — shire of Macedon Ranges

127(af). Mr HOWARD to ask the Minister — did the minister visit any locality within the Macedon Ranges shire between 2 December 2010 and 2 April 2011; if so, for each of the dates the minister visited the shire:

(1) Who did the minister meet with. (2) Did the minister make any commitment of public funds; if so: (a) what was the dollar value of the commitment; (b) to which individual or group was the commitment made; (c) to what project or purpose were the funds committed.

ANSWER:

I am informed that, as at the date the question was raised:

I have visited numerous municipalities and communities throughout regional and country Victoria during the specified period and in the course of doing so I have made a number of announcements regarding the funding of promises made by the Liberal/National Coalition during the campaign leading up to the election on 27 November 2010.

Roads: ministerial visits — shire of Macedon Ranges

127(aj). Mr HOWARD to ask the Minister — did the minister visit any locality within the Macedon Ranges shire between 2 December 2010 and 2 April 2011; if so, for each of the dates the minister visited the shire:

(1) Who did the minister meet with. (2) Did the minister make any commitment of public funds; if so: (a) what was the dollar value of the commitment; (b) to which individual or group was the commitment made; (c) to what project or purpose were the funds committed.

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Tuesday, 30 August 2011 ASSEMBLY 3071

ANSWER:

I am informed that, as at the date the question was raised:

I have visited numerous municipalities and communities throughout regional and country Victoria during the specified period and in the course of doing so I have made a number of announcements regarding the funding of promises made by the Liberal-Nationals coalition during the campaign leading up to the election on 27 November 2010.

Public transport: women on boards, councils and committees

148(af). Ms HENNESSY to ask the Minister for Public Transport with reference to each department, agency and authority within the minister’s administration:

(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.

ANSWER:

I am informed that, as at the date the question was raised:

Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.

Roads: women on boards, councils and committees

148(aj). Ms HENNESSY to ask the Minister for Roads with reference to each department, agency and authority within the minister’s administration:

(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.

ANSWER:

I am informed that, as at the date the question was raised:

Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.

Public transport: rail — Balaclava station

184(c). Mr FOLEY to ask the Minister for Public Transport with reference to the land in the car park next to the Balaclava railway station allocated to the Department of Transport by the City of Port Phillip as part of the planned station upgrade:

(1) How long will the department occupy the land. (2) Which part of the car park will be occupied by department contractors during the upgrade. (3) Is the department aware of the community housing development proposed for the car park site; if so, will the department accommodate simultaneous construction of the projects.

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3072 ASSEMBLY Tuesday, 30 August 2011

ANSWER:

I am informed that:

At this stage, the Department of Transport (DOT) envisages that the contractor will mobilise on site for the upgrade during 2012. The upgrade is expected to be completed by the end of 2013.

DOT is currently in discussion with the City of Port Phillip regarding the use of the car park site during the upgrade of the station.

DOT is aware of the proposed mixed community housing development on the car park site and will meet with proponents to gain a further understanding of the proposal.

Public transport: planning approval — Victorian Civil and Administrative Tribunal

185(c). Mr FOLEY to ask the Minister for Public Transport with reference to planning approval issues that can result in lengthy waiting times for Victorian Civil and Administrative Tribunal cases and possible protracted decision responses:

(1) What is the government’s policy to address lengthy waiting times and possible protracted decision responses. (2) Will the government reactivate the major cases list program.

ANSWER:

I am informed that, as at the date the question was raised:

This question does not fall under my portfolio responsibilities for public transport and roads.

I would advise you to redirect your question to the responsible minister.

Major projects: Beacon Cove and Princes Pier

265(b). Mr FOLEY to ask the Minister for Major Projects with reference to works in Beacon Cove, Port Melbourne:

(1) Is Major Projects Victoria or its contractors undertaking flood and drainage mitigation works around Pier Street and Station Pier; if so: (a) what is the nature and purpose of the works; (b) what consultation and advice has been provided to residents and the City of Port Phillip about the nature and timing of the works; (c) what will be the measure of success for the drainage works, and who will be responsible for ensuring this is met; (d) who will be responsible for ongoing maintenance.

(2) With reference to works at Princes Pier: (a) what is the estimated date of completion; (b) what measures have been taken to include the pier and works in the urban design framework proposed by the City of Port Phillip for the Port Melbourne waterfront; (c) what is the estimated final cost of the project; (d) how much of the estimated total cost is due to: (i) design; (ii) construction;

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Tuesday, 30 August 2011 ASSEMBLY 3073

(iii) contingencies;

(e) has the Department of Planning and Community Development expended its contingency funds for the works; (f) has the minister or any other person or agency decided how any unused contingency funds should be spent; (g) which agency or authority will be responsible for the administration and maintenance of the pier once the works are complete; (h) what consultations and agreements have been reached with the community or the City of Port Phillip on the design of the deck and related public spaces; (i) has Major Projects Victoria or its agents determined a use for the gatehouse structure on the pier; (i) if so; (A) what is the use; (B) what is the cost of the use; (ii) if not, what process will Major Projects Victoria undertake to determine a use. (3) Will the government transfer planning responsibility and decision making of the planning scheme for Beacon Cove to the City of Port Phillip; if so: (a) when; (b) on what terms; (c) which parts of the Beacon Cove and foreshore precincts will not be transferred.

(4) Which level of government will be the responsible planning authority for 1–11 Waterfront Place.

ANSWER:

I am informed as follows:

With reference to works in Beacon Cove, Port Melbourne:

(1) Major Projects Victoria is currently undertaking flood and drainage mitigation works at Pier Street, Port Melbourne. Investigations have revealed that the flooding at time of heavy rainfall is not related to or caused by the redevelopment of Princes Pier.

(a) The main drain beneath Pier Street is blocked and Major Projects Victoria has undertaken clearing and pumping works to ensure that flooding is avoided during times of heavy rainfall. To ensure the drain functions properly, Major Projects Victoria’s development partner, Mirvac, will issue a civil works contract to remediate the drain. It is anticipated that site establishment works will occur in July 2011 and that the remediation works will be completed by December 2011. (b) The City of Port Phillip has been consulted about the flood mitigation and drain remediation works. The local community was issued a letter on 14 July 2011 outlining the works to be carried out and a further update newsletter was issued on 3 August 2011 following works beginning in late July. Further updates will be provided as work progresses. (c) The success of the drain remediation works will be measured in terms of the performance of the drain. Major Projects Victoria and Mirvac are responsible for the delivery of a functional drain. (d) Major Projects Victoria will be responsible for maintenance of the drain, pending its planned transfer, along with other assets, to the management of the City of Port Phillip. The transfer of management is proposed to occur by the end of 2011.

(2) With reference to works at Princes Pier:

QUESTIONS ON NOTICE

3074 ASSEMBLY Tuesday, 30 August 2011

(a) The former Minister for Major Projects under the previous Labor Government, Mr Theophanous announced in 2007, $14 million would be allocated to the Princes Pier project. Mr Theophanous also said in a media release of 21 June 21 2007, ‘The demolition and construction of the new northern deck is on track to be completed on time in 2009’. Due to project cost blow outs under the previous Labor government, a further $20 million was allocated to the project in 2009. The Princes Pier works are expected to be completed on time so that the pier can be opened to the public this year. (b) Major Projects Victoria continues to meet with the City of Port Phillip on a monthly basis to contribute to and coordinate work on the urban design framework. (c) The project budget is $34 million and the project is being delivered within this budget. (d) The contracts under which the services for the project, such as design and construction, have been procured are publicly available on the Victorian government tenders website. (e) The Department of Planning and Community Development is not managing the project, but the Department of Business and Innovation. The project is being managed within the approved budget parameters. (f) The forecast cost to complete the project expends the entire project budget. (g) Major Projects Victoria is in discussions with Parks Victoria regarding a potential structure for the future maintenance and management of the pier. (h) Major Projects Victoria is working with the Parks Victoria, the City of Port Phillip and the community to determine a suitable ongoing use for the deck. (i) Major Projects Victoria is working with Parks Victoria, the City of Port Phillip and the community to determine a suitable ongoing use for gatehouse.

(3) (a) This is a matter for the Minister for Planning. (b) This is a matter for the Minister for Planning. (c) This is a matter for the Minister for Planning.

(4) This is a matter for the Minister for Planning.

Education: Pearcedale Primary School — funding

281. Mr BURGESS to ask the Minister for Education how much funding has been provided to or spent on Pearcedale Primary School for each year from 2001–02 to 2010–11, and under what circumstances was the funding provided and spent.

ANSWER:

I am informed as follows:

Schools operate on a calendar year rather than financial year basis. Funding is subject to a number of fluctuations arising from enrolment variations, new and ceasing programs, changes to salary rates and on-costs, building programs and asset acquisition initiatives. Funding data for 2001 to 2004 cannot be provided as sourcing it for an individual school would require an unreasonable use of Department resources because of the funding system in place at that time. The student resource package was first introduced in 2005 and that is the year from which comparative data is readily available.

The table below shows the funding provided to Pearcedale Primary School for each year from 2005 to 2010.

2005 2006 2007 2008 2009 2010 $3 775 706 $3 987 283 $3 997 231 $4 235 541 $4 656 935 $4 560 027

The majority of funding provided to the school was delivered through the Department of Education and Early Childhood Development’s student resource package which aims to match student learning needs with the resources

QUESTIONS ON NOTICE

Tuesday, 30 August 2011 ASSEMBLY 3075 available to schools. Additional state and commonwealth grants associated with specific programs for curriculum development and student wellbeing have also been received by the school.

The figures provided do not include grants for capital works, the funding associated with in-kind services delivered by the department or school locally raised funds.

Information was publicly released on the MySchool website which shows the total income of the school for 2009, including an apportionment of the cost of in-kind services and the additional funds raised by schools.

Under the devolved school management model operating in the Victorian government school system, it is up to each school through their principal, school council and broader school community to determine how a school operates and how the resources provided, including funding, are allocated and spent at school level.

Multicultural affairs and citizenship: community groups — funding

305. Mr BROOKS to ask the Minister for Multicultural Affairs and Citizenship what multicultural community groups received state-based grants or funding between 30 November 2010 and 31 May 2011.

ANSWER:

I am advised that all successful applications made prior to October 2010 will be listed in the Victorian Multicultural Commission 2010–11 annual report and all successful applications made from October 2010 to July 2011 will be published on the Office of Multicultural Affairs and Citizenship website.

Multicultural affairs and citizenship: community groups — funding

306. Mr BROOKS to ask the Minister for Multicultural Affairs and Citizenship what was the amount provided to each Victorian multicultural community group that was the recipient of state-based grants or funding between 30 November 2010 and 31 May 2011.

ANSWER:

I am advised that all successful applications made prior to October 2010 will be listed in the Victorian Multicultural Commission 2010–11 annual report and all successful applications made from October 2010 to July 2011 will be published on the Office of Multicultural Affairs and Citizenship website.

Multicultural affairs and citizenship: community groups — funding

307. Mr BROOKS to ask the Minister for Multicultural Affairs and Citizenship what multicultural community groups applied for state-based grants or funding between 1 July 2010 and 27 November 2010, and 30 November 2010 to 31 May 2011.

ANSWER:

I am advised that all successful applications made prior to October 2010 will be listed in the Victorian Multicultural Commission 2010–11 annual report and all successful applications made from October 2010 to July 2011 will be published on the Office of Multicultural Affairs and Citizenship website.

Multicultural affairs and citizenship: community groups — funding

308. Mr BROOKS to ask the Minister for Multicultural Affairs and Citizenship what multicultural community groups made unsuccessful applications for community grants between 30 November 2010 and 31 May 2011.

QUESTIONS ON NOTICE

3076 ASSEMBLY Tuesday, 30 August 2011

ANSWER:

I am advised that all successful applications made prior to October 2010 will be listed in the Victorian Multicultural Commission 2010–11 annual report and all successful applications made from October 2010 to July 2011 will be published on the Office of Multicultural Affairs and Citizenship website.

Planning: fees, charges, taxes, levies and other costs

371(c). Ms D’AMBROSIO to ask the Attorney-General for the Minister for Planning with reference to each fee, charge, tax and levy, or any other cost payable by members of the public or incorporated associations in the minister’s portfolio:

(1) What is its name. (2) What is the current schedule or rate of charge. (3) What is the scheduled increase in the next 12 months. (4) How any changes are reviewed or decided upon and determined by government or its departments or agencies. (5) What was the total revenue for each charge in 2010–11.

ANSWER:

I am informed that:

The details of state taxes and charges are set out in the relevant legislation or subordinate legislation, which is subject to approval or disallowance by either house of the Parliament. This has been the practice of successive governments.

More information can be found in 2011–12 budget paper no. 5 — Statement of Finances, which details the revised estimates of state revenue and the public account.

The value of a penalty or fee unit is determined under the Monetary Units Act 2004 and fixed each year by notice published in the Victorian Government Gazette. Other state fees and charges are periodically gazetted and published on the websites of administering departments and agencies.

Aboriginal affairs: fees, charges, taxes, levies and other costs

371(d). Ms D’AMBROSIO to ask the Minister for Aboriginal Affairs with reference to each fee, charge, tax and levy, or any other cost payable by members of the public or incorporated associations in the minister’s portfolio:

(1) What is its name. (2) What is the current schedule or rate of charge. (3) What is the scheduled increase in the next 12 months. (4) How any changes are reviewed or decided upon and determined by government or its departments or agencies. (5) What was the total revenue for each charge in 2010–11.

ANSWER:

I am informed that:

The details of state taxes and charges are set out in the relevant legislation or subordinate legislation, which is subject to approval or disallowance by either house of the Parliament. This has been the practice of successive governments.

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Tuesday, 30 August 2011 ASSEMBLY 3077

More information can be found in 2011–12 budget paper no. 5 — Statement of Finances, which details the revised estimates of state revenue and the public account.

The value of a penalty or fee unit is determined under the Monetary Units Act 2004 and fixed each year by notice published in the Victorian Government Gazette. Other state fees and charges are periodically gazetted and published on the websites of administering departments and agencies.

Bushfire response: fees, charges, taxes, levies and other costs

371(f). Ms D’AMBROSIO to ask the Minister for Bushfire Response with reference to each fee, charge, tax and levy, or any other cost payable by members of the public or incorporated associations in the minister’s portfolio:

(1) What is its name. (2) What is the current schedule or rate of charge. (3) What is the scheduled increase in the next 12 months. (4) How any changes are reviewed or decided upon and determined by government or its departments or agencies. (5) What was the total revenue for each charge in 2010–11.

ANSWER:

I am advised that:

The details of state taxes and charges are set out in the relevant legislation or subordinate legislation, which is subject to approval or disallowance by either house of the Parliament. This has been the practice of successive governments.

More information can be found in 2011–12 budget paper no. 5 — Statement of Finances, which details the revised estimates of state revenue and the public account.

The value of a penalty or fee unit is determined under the Monetary Units Act 2004 and fixed each year by notice published in the Victorian Government Gazette. Other state fees and charges are periodically gazetted and published on the websites of administering departments and agencies.

Innovation, services and small business: fees, charges, taxes, levies and other costs

371(s). Ms D’AMBROSIO to ask the Minister for Innovation, Services and Small Business with reference to each fee, charge, tax and levy, or any other cost payable by members of the public or incorporated associations in the minister’s portfolio:

(1) What is its name. (2) What is the current schedule or rate of charge. (3) What is the scheduled increase in the next 12 months. (4) How any changes are reviewed or decided upon and determined by government or its departments or agencies. (5) What was the total revenue for each charge in 2010–11.

ANSWER:

The details of state taxes and charges are set out in the relevant legislation or subordinate legislation, which is subject to approval or disallowance by either house of the Parliament. This has been the practice of successive governments.

QUESTIONS ON NOTICE

3078 ASSEMBLY Tuesday, 30 August 2011

More information can be found in 2011–12 budget paper no. 5 — Statement of Finances, which details the revised estimates of state revenue and the public account.

The value of a penalty or fee unit is determined under the Monetary Units Act 2004 and fixed each year by notice published in the Victorian Government Gazette. Other state fees and charges are periodically gazetted and published on the websites of administering departments and agencies.

Local government: fees, charges, taxes, levies and other costs

371(u). Ms D’AMBROSIO to ask the Minister for Local Government with reference to each fee, charge, tax and levy, or any other cost payable by members of the public or incorporated associations in the minister’s portfolio:

(1) What is its name. (2) What is the current schedule or rate of charge. (3) What is the scheduled increase in the next 12 months. (4) How any changes are reviewed or decided upon and determined by government or its departments or agencies. (5) What was the total revenue for each charge in 2010–11.

ANSWER:

I am informed that:

The details of state taxes and charges are set out in the relevant legislation or subordinate legislation, which is subject to approval or disallowance by either house of the Parliament. This has been the practice of successive governments.

More information can be found in 2011–12 budget paper no. 5 — Statement of Finances, which details the revised estimates of state revenue and the public account.

The value of a penalty or fee unit is determined under the Monetary Units Act 2004 and fixed each year by notice published in the Victorian Government Gazette. Other state fees and charges are periodically gazetted and published on the websites of administering departments and agencies.

Multicultural affairs and citizenship: fees, charges, taxes, levies and other costs

371(z). Ms D’AMBROSIO to ask the Minister for Multicultural Affairs and Citizenship with reference to each fee, charge, tax and levy, or any other cost payable by members of the public or incorporated associations in the minister’s portfolio:

(1) What is its name. (2) What is the current schedule or rate of charge. (3) What is the scheduled increase in the next 12 months. (4) How any changes are reviewed or decided upon and determined by government or its departments or agencies. (5) What was the total revenue for each charge in 2010–11.

ANSWER:

I am advised that the details of state taxes and charges are set out in the relevant legislation or subordinate legislation, which is subject to approval or disallowance by either house of the Parliament. This has been the practice of successive governments.

QUESTIONS ON NOTICE

Tuesday, 30 August 2011 ASSEMBLY 3079

More information can be found in 2011–12 budget paper no. 5 — Statement of Finances, which details the revised estimates of state revenue and the public account.

The value of a penalty or fee unit is determined under the Monetary Units Act 2004 and fixed each year by notice published in the Victorian Government Gazette. Other state fees and charges are periodically gazetted and published on the websites of administering departments and agencies.

Tourism and major events: fees, charges, taxes, levies and other costs

371(am). Ms D’AMBROSIO to ask the Minister for Tourism and Major Events with reference to each fee, charge, tax and levy, or any other cost payable by members of the public or incorporated associations in the minister’s portfolio:

(1) What is its name. (2) What is the current schedule or rate of charge. (3) What is the scheduled increase in the next 12 months. (4) How any changes are reviewed or decided upon and determined by government or its departments or agencies. (5) What was the total revenue for each charge in 2010–11.

ANSWER:

The details of state taxes and charges are set out in the relevant legislation or subordinate legislation, which is subject to approval or disallowance by either house of the Parliament. This has been the practice of successive governments.

More information can be found in 2011–12 budget paper no. 5 — Statement of Finances, which details the revised estimates of state revenue and the public account.

The value of a penalty or fee unit is determined under the Monetary Units Act 2004 and fixed each year by notice published in the Victorian Government Gazette. Other state fees and charges are periodically gazetted and published on the websites of administering departments and agencies.

3080 ASSEMBLY

MEMBERS INDEX

ASSEMBLY i

MEMBERS INDEX Condolences Karen Marie Overington, 2829

ALLAN, Ms (Bendigo East) Members statements

Business of the house Major events: government initiatives, 2891 Todd Blake, 3010 Program, 2863 Points of order, 2904 Condolences Karen Marie Overington, 2837 Questions without notice

Points of order, 2854, 2925, 2928, 3003, 3044, 3045 Employment: government initiatives, 2854

BAILLIEU, Mr (Hawthorn) (Premier and Minister for the Arts) ANDREWS, Mr (Mulgrave) (Leader of the Opposition) Condolences Condolences Karen Marie Overington, 2823 Karen Marie Overington, 2824 Points of order, 3047 Members statements Lesley Arthur, 3008 Questions without notice

Points of order, 2852, 2855, 2924, 2926, 2929, 3041, 3044, 3046 Council of Australian Governments: meeting, 2924 Employment: growth, 2851 Questions without notice Government Government: freedom of information, 3041, 3042 consultancies, 3044 Police: enterprise bargaining, 3040 freedom of information, 3041, 3042 Road safety: government performance, 2923 Member for Frankston: conduct, 2927, 2928, 2930, 3046 Victorian certificate of applied learning: funding, 2850, 2855 Ned Kelly: skeletal remains, 3040 Planning: green wedge logical inclusions, 2925 Police: enterprise bargaining, 3040 ANGUS, Mr (Forest Hill) Victorian certificate of applied learning: funding, 2850, 2855

Bills Transport Legislation Amendment (Public Transport Safety) Bill BARKER, Ms (Oakleigh) 2011, 2989 Condolences Members statements Karen Marie Overington, 2846 Biotechnology: government initiatives, 2867 Parkmore Primary School: principal for a day, 2867 Members statements St Edward’s Anglican Church, Blackburn South: art show, 2867 Oakleigh Cannons Football Club: premiership, 3012

Questions without notice Employment: growth, 2851 BATTIN, Mr (Gembrook)

Statements on reports Adjournment Public Accounts and Estimates Committee: budget estimates Cardinia Road–Princes Highway, Pakenham: upgrade, 3060 2011–12 (part 1), 2917 Bills Sentencing Legislation Amendment (Abolition of Home ASHER, Ms (Brighton) (Minister for Innovation, Services and Detention) Bill 2011, 3056 Small Business and Minister for Tourism and Major Events) Members statements Adjournment Rock Eisteddfod Challenge: funding, 2869 Small business: environmental initiatives, 2998 Wangaratta Festival of Jazz and Blues: funding, 2999 Questions without notice Council of Australian Governments: meeting, 2924

MEMBERS INDEX ii ASSEMBLY

BAUER, Mrs (Carrum) Members statements Children: Take a Break program, 2872 Adjournment Mental health: patient details, 2872 Edithvale Primary School: pedestrian crossing, 2998 Swifts Creek Football Club: premiership, 2872 Members statements

Carrum Surf Life Saving Club: funding, 2871 BURGESS, Mr (Hastings) Chelsea Heights Football Club: fundraising events, 2870 Rail: Frankston line, 2871 Adjournment Bushfires: fuel reduction, 2878 Petitions Wedge–Frankston-Dandenong roads, Carrum Downs: traffic Bills management, 3005 Health Practitioner Regulation National Law (Victoria) Amendment Bill 2011, 2957 Transport Legislation Amendment (Public Transport Safety) Bill BEATTIE, Ms (Yuroke) 2011, 2987

Bills Questions without notice Domestic Animals Amendment (Restricted Breeds) Bill 2011, Renewable energy: government initiatives, 3046 2876 Road Safety Camera Commissioner Bill 2011, 3023 Sentencing Legislation Amendment (Abolition of Home CAMPBELL, Ms (Pascoe Vale) Detention) Bill 2011, 3031 Transport Legislation Amendment (Public Transport Safety) Bill Adjournment 2011, 2988 Westbreen Primary School: funding, 3059

Members statements Business of the house Caitlin Caruso, 2866 Program, 2865

Petitions Condolences Planning: Attwood green wedge, 2888 Karen Marie Overington, 2848

Members statements BLACKWOOD, Mr (Narracan) David Woolcock, 2873 Victorian certificate of applied learning: funding, 3011 Members statements Timber industry: protests, 2894 Petitions Schools: Coburg, 2861, 2887, 3005

BROOKS, Mr (Bundoora) Points of order, 3003, 3056

Bills Scrutiny of Acts and Regulations Committee Sentencing Legislation Amendment (Abolition of Home Alert Digest No. 9, 2862 Detention) Bill 2011, 2936

Members statements CARBINES, Mr (Ivanhoe) Children: Take a Break program, 2890 Adjournment Planning: Ivanhoe structure plan, 2882 BULL, Mr (Gippsland East) Bills Adjournment Health Practitioner Regulation National Law (Victoria) East Gippsland: health forum, 2880 Amendment Bill 2011, 2960

Bills Condolences Road Safety Camera Commissioner Bill 2011, 3025 Karen Marie Overington, 2849

MEMBERS INDEX

ASSEMBLY iii

Members statements Condolences Planning: Ivanhoe structure plan, 2890 Karen Marie Overington, 2834

Members statements CLARK, Mr (Box Hill) (Attorney-General and Minister for Wimmera: branding campaign, 2891 Finance) Points of order, 2921 Bills Electronic Transactions (Victoria) Amendment Bill 2011, 2857, 2976 DIXON, Mr (Nepean) (Minister for Education)

Law Reform Committee Adjournment Reference, 3007 Schools: Prahran electorate, 2884 Questions without notice Victorian certificate of applied learning: funding, 2884 Westbreen Primary School: funding, 3065 Industrial relations: union activity, 2926 Members statements Planetarium: ministerial visit, 2892 CRISP, Mr (Mildura) Rosebud: aquatic centre, 2892 Adjournment Science: Bio 21 specialist school, 2892 Water: Sunraysia modernisation project, 2994 Science Week, 2892

Bills Points of order, 2946

Sentencing Legislation Amendment (Abolition of Home Questions without notice Detention) Bill 2011, 3057 Victorian certificate of applied learning: funding, 2852, 2853, 2856 Business of the house Program, 2865 DONNELLAN, Mr (Narre Warren North) Members statements Adjournment Mildura Masters Games, 2870 Housing: Narre Warren North electorate constituent, 2995 Questions without notice Grievances Road safety: traffic cameras, 2930 Liberal Party: political activity, 2913

D’AMBROSIO, Ms (Mill Park) DUNCAN, Ms (Macedon) Adjournment Bills Buses: route 562, 2881 Sentencing Legislation Amendment (Abolition of Home Bills Detention) Bill 2011, 3034

Extractive Industries (Lysterfield) Amendment Bill 2011, 2858 Condolences Gambling Regulation Amendment (Licensing) Bill 2011, 2858 Karen Marie Overington, 2839 Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011, 2934 Members statements Sunbury: 175th anniversary, 2896 DELAHUNTY, Mr (Lowan) (Minister for Sport and Recreation Sunbury fire brigade: centenary, 2896 and Minister for Veterans’ Affairs)

Adjournment EDWARDS, Ms (Bendigo West) Jordan Reserve, Chadstone: security upgrade, 3065 Adjournment Parkdale Secondary College: joint-use facility, 2884 Community sector: wages, 2994 Sport and recreation: Rodney electorate, 3064 Members statements Tarnagulla: speed limits, 2872

MEMBERS INDEX iv ASSEMBLY

Petitions GRALEY, Ms (Narre Warren South) Electricity: smart meters, 2887 Adjournment Tarnagulla: speed limits, 3004 Victorian certificate of applied learning: funding, 2993 Points of order, 2877 Members statements Cultural Association Violeta Parra: 24th anniversary, 2868 EREN, Mr (Lara) Petitions Bills Casey Hospital: funding, 3005 Road Safety Camera Commissioner Bill 2011, 2950 Questions without notice Victorian certificate of applied learning: funding, 2853 FOLEY, Mr (Albert Park) Statements on reports Bills Public Accounts and Estimates Committee: budget estimates Transport Legislation Amendment (Public Transport Safety) Bill 2011–12 (part 1), 2917 2011, 2990

Members statements GREEN, Ms (Yan Yean) Planning: St Kilda development, 2893 Adjournment Points of order, 2935 Planning: green wedge logical inclusions, 3063

Bills FYFFE, Mrs (Evelyn) (The Deputy Speaker) Health Practitioner Regulation National Law (Victoria) Amendment Bill 2011, 2952 Adjournment Condolences Seville Community House: funding, 2993 Karen Marie Overington, 2845 Bills Members statements Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011, 3035 Buses: Kinglake service, 2891 Children: Take a Break program, 2891 Condolences Karen Marie Overington, 2836 Petitions Buses: Kinglake service, 2888 Members statements Churinga Employment Support Services: future, 3006 Commonwealth Women Parliamentarians of Australia: forum, Whittlesea-Yea Road: safety, 2888 2866 Manchester Primary School: bicycle parking, 2866 Points of order, 2921

Rulings, 2904 HALFPENNY, Ms (Thomastown)

GARRETT, Ms (Brunswick) Bills

Bills Road Safety Camera Commissioner Bill 2011, 2945 Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011, 3037 HENNESSY, Ms (Altona) Members statements Bills Wind farms: government policy, 2895 Electronic Transactions (Victoria) Amendment Bill 2011, 2857 Petitions Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011, 2919 Children: Take a Break program, 3004 Grievances Government: performance, 2909

MEMBERS INDEX

ASSEMBLY v

Members statements Bills Victorian certificate of applied learning: funding, 2866 Road Safety Camera Commissioner Bill 2011, 3026 Transport Legislation Amendment (Public Transport Safety) Bill Questions without notice 2011, 2972 Planning: green wedge logical inclusions, 2925 Condolences Karen Marie Overington, 2832 HERBERT, Mr (Eltham) Members statements Bills Ballarat Health Services: board appointments, 2870 Transport Legislation Amendment (Public Transport Safety) Bill Geelong Road, Mount Helen: pedestrian crossing, 2870 2011, 2967 Petitions Members statements Schools: Kyneton, 2860 Rock Eisteddfod Challenge: Eltham electorate, 2871 Teachers: laptop computers, 2895 HULLS, Mr (Niddrie) Points of order, 2970, 3037 Condolences Questions without notice Karen Marie Overington, 2827 Victorian certificate of applied learning: funding, 2852 Grievances Government: performance, 2904 HODGETT, Mr (Kilsyth) Members statements Bills Essendon Keilor College: funding, 3010 Domestic Animals Amendment (Restricted Breeds) Bill 2011, Ouyen P–12 College: funding, 3010 2875 Sentencing Legislation Amendment (Abolition of Home Petitions Detention) Bill 2011, 3058 Essendon Keilor College: upgrade, 3006 Transport Legislation Amendment (Public Transport Safety) Bill Ouyen P–12 College: funding, 3006 2011, 2968 Points of order, 2852, 2856, 2904, 2924, 2926, 2928, 2929, 3003, Business of the house 3004, 3047 Program, 2864 Questions without notice Petitions Victorian certificate of applied learning: funding, 2856 Bass Highway–Hade Avenue, Bass: safety, 2887 Electricity: smart meters, 2887 HUTCHINS, Ms (Keilor) Questions without notice Ned Kelly: skeletal remains, 3040 Adjournment Family violence: Keilor electorate, 3062

HOLDING, Mr (Lyndhurst) KATOS, Mr (South Barwon) Adjournment Government: procurement policy, 3060 Bills

Members statements Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011, 2932 Melbourne Airport: achievements, 3008 Condolences Karen Marie Overington, 2839 HOWARD, Mr (Ballarat East) Members statements Adjournment Bellbrae Primary School: 150th anniversary, 2896 Roads: Ballarat East electorate, 2878 Cadel Evans, 2896

MEMBERS INDEX vi ASSEMBLY

Petitions LIM, Mr (Clayton) Bacchus Marsh: Avenue of Honour, 2888 Bills Questions without notice Health Practitioner Regulation National Law (Victoria) Employment: government initiatives, 2854 Amendment Bill 2011, 2958

KNIGHT, Ms (Ballarat West) McCURDY, Mr (Murray Valley)

Adjournment Adjournment Ballarat Regional Multicultural Council: funding, 2996 Wangaratta Festival of Jazz and Blues: funding, 2996

Bills Bills Sentencing Legislation Amendment (Abolition of Home Road Safety Camera Commissioner Bill 2011, 3019 Detention) Bill 2011, 3040, 3047 Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011, 3051 Condolences Members statements Karen Marie Overington, 2829 Cycling: Scody Cup, 2893 Members statements Daffodil Day, 2893 Ballarat South Community Learning Precinct, Redan campus: Max Bussell, 2893 principal for a day, 2869 Wangaratta: men’s shed, 2893

Petitions Petitions Ballarat base hospital: helipad, 3004 Ovens College hall, Wangaratta: future, 2861

KOTSIRAS, Mr (Bulleen) (Minister for Multicultural Affairs and McGUIRE, Mr (Broadmeadows) Citizenship) Bills Adjournment Road Safety Camera Commissioner Bill 2011, 3020 Ballarat Regional Multicultural Council: funding, 3001 Housing: Narre Warren North electorate constituent, 3001 Members statements Planning: city of Wyndham, 3001 Broadmeadows electorate: infrastructure strategy, 3013 Victorian certificate of applied learning: funding, 3002 Points of order, 2992 Members statements Multicultural affairs: settlement coordination unit, 3012 McINTOSH, Mr (Kew) (Minister for Corrections, Minister for Crime Prevention and Minister responsible for the establishment of LANGUILLER, Mr (Derrimut) an anti-corruption commission)

Bills Adjournment Domestic Animals Amendment (Restricted Breeds) Bill 2011, Family violence: Keilor electorate, 3066 2873, 2874 Government Sentencing Legislation Amendment (Abolition of Home consultancies, 3067 Detention) Bill 2011, 3049 procurement policy, 3067 Condolences Mount Eliza: Crown land, 3067 Planning: green wedge logical inclusions, 3067 Karen Marie Overington, 2844 Business of the house Members statements Program, 2863 Joseph Epstein Centre for Emergency Medicine Research, 2872 Condolences Karen Marie Overington, 2850

Members statements Tom Wilcox, 3015

MEMBERS INDEX

ASSEMBLY vii

Points of order, 2929 MORRIS, Mr (Mornington)

Questions without notice Adjournment Ombudsman: elected representative conduct, 2928 Mount Eliza: Crown land, 3059

Bills McLEISH, Ms (Seymour) Road Safety Camera Commissioner Bill 2011, 2943 Sentencing Legislation Amendment (Abolition of Home Bills Detention) Bill 2011, 3054 Health Practitioner Regulation National Law (Victoria) Transport Legislation Amendment (Public Transport Safety) Bill Amendment Bill 2011, 2959 2011, 2992 Road Safety Camera Commissioner Bill 2011, 3028 Members statements Members statements Crime: community safety partnership, 3013 Melba Community Recovery Committee: community hall, 2868 Wind farms: government policy, 3012 Strath Creek: hall renovation, 2868 Rulings, 2911 Petitions Statements on reports Electricity: smart meters, 2861 Public Accounts and Estimates Committee: budget estimates Questions without notice 2011–12 (part 1), 2916 North–south pipeline: protester surveillance, 2927 MULDER, Mr (Polwarth) (Minister for Public Transport and Minister for Roads) MADDEN, Mr (Essendon) Adjournment Petitions Buses: route 562, 2883 Electricity: smart meters, 2861 Cardinia Road–Princes Highway, Pakenham: upgrade, 3064 Edithvale Primary School: pedestrian crossing, 2999 MERLINO, Mr (Monbulk) Roads: Ballarat East electorate, 2883

Bills Members statements Road Safety Camera Commissioner Bill 2011, 2938 John Mahoney, 3010

Grievances Questions without notice Road safety: government performance, 2899 Road safety: government performance, 2923 Roads: regional and rural Victoria, 3043 Members statements Sherbrooke Community School: principal for a day, 3009 NAPTHINE, Dr (South-West Coast) (Minister for Ports, Minister Questions without notice for Regional Cities, Minister for Racing and Minister for Major Projects) Member for Frankston: conduct, 2927, 2928, 2930, 3046 Grievances MILLER, Ms (Bentleigh) Former government: contaminated site, 2906

Bills Points of order, 2852, 2929

Sentencing Legislation Amendment (Abolition of Home Questions without notice Detention) Bill 2011, 2935 Port of Melbourne: performance, 3045 Members statements Bentleigh Bowling Club: 67th anniversary, 2871 NARDELLA, Mr (Melton) Rock Eisteddfod Challenge: funding, 2871 Condolences Karen Marie Overington, 2843

Points of order, 3045

MEMBERS INDEX viii ASSEMBLY

NEVILLE, Ms (Bellarine) PALLAS, Mr (Tarneit)

Members statements Adjournment Firewood: collection permits, 3013 Planning: city of Wyndham, 2997

Business of the house NEWTON-BROWN, Mr (Prahran) Program, 2864

Adjournment Members statements Schools: Prahran electorate, 2882 Government: election commitments, 3011

Members statements Petitions Prisons: condoms, 3014 Electricity: smart meters, 3006

Questions without notice Ombudsman: elected representative conduct, 2928 PANDAZOPOULOS, Mr (Dandenong)

Bills NOONAN, Mr (Williamstown) Transport Legislation Amendment (Public Transport Safety) Bill 2011, 2969 Bills Environment and Natural Resources Committee Road Safety Camera Commissioner Bill 2011, 3017 Environment effects statement process in Victoria, 3007 Members statements Members statements Victorian certificate of applied learning: funding, 2892 Todd Blake, 2893

NORTHE, Mr (Morwell) PERERA, Mr (Cranbourne) Bills Adjournment Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011, 3032 Plumbing industry: compliance certificates, 2880

Members statements Bills Gippsland Business Awards, 2867 Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011, 2931 Statements on reports Members statements Public Accounts and Estimates Committee: budget estimates 2011–12 (part 1), 2918 Mike Morris, 2867 Youth: Frankston round table, 2867

O’BRIEN, Mr (Malvern) (Minister for Gaming, Minister for Petitions Consumer Affairs and Minister for Energy and Resources) Plumbing industry: compliance certificates, 2861 Adjournment Carbon tax: small business, 3066 PIKE, Ms (Melbourne)

Bills Condolences Extractive Industries (Lysterfield) Amendment Bill 2011, 2858, Karen Marie Overington, 2847 2978 Gambling Regulation Amendment (Licensing) Bill 2011, 2858, 2980, 2985 POWELL, Mrs (Shepparton) (Minister for Local Government and Minister for Aboriginal Affairs) Members statements Fr John Carnie, 3008 Condolences Karen Marie Overington, 2831 Questions without notice Renewable energy: government initiatives, 3046 Members statements Soccer: Shepparton facilities, 3009

MEMBERS INDEX

ASSEMBLY ix

RICHARDSON, Ms (Northcote) Questions without notice Government: consultancies, 3043 Bills Transport Legislation Amendment (Public Transport Safety) Bill 2011, 2962 SMITH, Mr R. (Warrandyte) (Minister for Environment and Climate Change and Minister for Youth Affairs) Members statements Trams: disability compliance, 3014 Adjournment Bushfires: fuel reduction, 2885 Petitions East Gippsland: health forum, 2885 Gaming: scoreboard promotion, 3005 Planning: Ivanhoe structure plan, 2885 Plumbing industry: compliance certificates, 2885

RYALL, Ms (Mitcham) Points of order, 2911

Adjournment

Carbon tax: small business, 3064 SOUTHWICK, Mr (Caulfield) Bills Adjournment Sentencing Legislation Amendment (Abolition of Home Small business: environmental initiatives, 2995 Detention) Bill 2011, 3052 Bills Grievances Road Safety Camera Commissioner Bill 2011, 3015 Former government: performance, 2911 Sentencing Legislation Amendment (Abolition of Home Points of order, 3047 Detention) Bill 2011, 3048

Questions without notice SPEAKER, The (Hon. K. M. Smith) Dangerous dogs: control, 2856 Business of the house RYAN, Mr (Gippsland South) (Minister for Police and Emergency Notices of motion: removal, 2887, 3004 Services, Minister for Bushfire Response and Minister for Regional and Rural Development) Distinguished visitors, 2850

Condolences Rulings, 2852, 2854, 2855, 2856, 2877, 2924, 2926, 2928, 2929, 2930, 2993, 3003, 3004, 3041, 3044, 3045, 3046, 3047, 3056 Karen Marie Overington, 2826 Suspension of members Grievances Member for Lara, 2857 Former government: performance, 2896

Questions without notice SYKES, Dr (Benalla) Employment: regional and rural Victoria, 2853, 3042 Road safety: traffic cameras, 2930 Bills Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011, 3053 SCOTT, Mr (Preston) Members statements Adjournment World Veterinary Year, 3011 Government: consultancies, 3061 Victorian certificate of applied learning: funding, 2879 Questions without notice Employment: regional and rural Victoria, 2853 Bills Health Practitioner Regulation National Law (Victoria) Amendment Bill 2011, 2956 THOMPSON, Mr (Sandringham) Road Safety Camera Commissioner Bill 2011, 3030 Bills Members statements Road Safety Camera Commissioner Bill 2011, 2949 International students: achievements, 2894

MEMBERS INDEX x ASSEMBLY

Condolences Rulings, 2970 Karen Marie Overington, 2840

Members statements WAKELING, Mr (Ferntree Gully) Pat Mutimer, 2894 Bills Sandringham electorate: lifesaving clubs, 2894 Health Practitioner Regulation National Law (Victoria) Amendment Bill 2011, 2954 THOMSON, Ms (Footscray) Questions without notice Petitions Industrial relations: union activity, 2926 Western Region Health Centre: dental service funding, 2887 WALSH, Mr (Swan Hill) (Minister for Agriculture and Food Security and Minister for Water) TILLEY, Mr (Benambra) Adjournment Adjournment Dartmouth pondage: access, 2885 Dartmouth pondage: access, 2877 Water: Sunraysia modernisation project, 3001 Bills Bills Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011, 2922, 2931 Domestic Animals Amendment (Restricted Breeds) Bill 2011, 2858, 2859, 2876 Questions without notice Questions without notice Roads: regional and rural Victoria, 3043 Dangerous dogs: control, 2857 Rulings, 2946 North–south pipeline: protester surveillance, 2927

TREZISE, Mr (Geelong) WATT, Mr (Burwood)

Bills Adjournment Road Safety Camera Commissioner Bill 2011, 2948 Jordan Reserve, Chadstone: security upgrade, 3062

Condolences Members statements Karen Marie Overington, 2835 Burwood District Bowls Club: greens opening, 2873 Chadstone Synners: premiership, 2873 Members statements Katalin Hadju, 2873 Peter Dillon, 2869 St Dominic’s Primary School, Camberwell East: member visit, 2873 Points of order, 2946 Points of order, 2970

VICTORIA, Mrs (Bayswater) Questions without notice Economy: government initiatives, 2855 Bills Road Safety Camera Commissioner Bill 2011, 3022 Sentencing Legislation Amendment (Abolition of Home WELLER, Mr (Rodney) Detention) Bill 2011, 3038 Adjournment Members statements Sport and recreation: Rodney electorate, 3061 Australian Ballet: program, 2889 Australian World Orchestra, 2889 Bills Victorian certificate of applied learning: funding, 2889 Road Safety Camera Commissioner Bill 2011, 2946 Wantirna College: principal for a day, 2889 Transport Legislation Amendment (Public Transport Safety) Bill 2011, 2965 Questions without notice Port of Melbourne: performance, 3045

MEMBERS INDEX

ASSEMBLY xi

Members statements School buses: Echuca, 3013

Questions without notice Employment: regional and rural Victoria, 3041

Rulings, 2921, 3037

WELLS, Mr (Scoresby) (Treasurer)

Grievances Former government: performance, 2901

Members statements Elisa Sharp, 2890

Questions without notice Economy: government initiatives, 2855

WOOLDRIDGE, Ms (Doncaster) (Minister for Mental Health, Minister for Women’s Affairs and Minister for Community Services)

Adjournment Community sector: wages, 3000 Seville Community House: funding, 3000

Bills Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Bill 2011, 2858, 2974

WREFORD, Ms (Mordialloc)

Adjournment Parkdale Secondary College: joint-use facility, 2881

Bills Transport Legislation Amendment (Public Transport Safety) Bill 2011, 2970

Members statements Mordialloc Life Saving Club: committee, 2895 National Tree Day, 2895

WYNNE, Mr (Richmond)

Condolences Karen Marie Overington, 2842