Queensland

Parliamentary Debates [Hansard]

Legislative Assembly

THURSDAY, 28 MARCH 1968

Electronic reproduction of original hardcopy

2588 Questions [ASSEMBLY] Questions

to the Leader of the Opposition marked "The Premier's Department has no jurisdiction over such private companies or matter, and the question also seeks an expression of opinion." I remind hon. members that questions should relate only to matters for which the Minister is responsible. In this case the MinLter cannot in any way be held respon­ sible; it is purely a private matter between the management and the employee. Mr. HOUSTON: Thank you, Mr. Speaker. Mr. R. JONES (Cairns): Mr. Speaker, in view of your ruling, I notice that one of my questions has been ruled off the Business Paper. It was directed to the Minister for Transport, who, I believe. is responsible for intrastate air services in the State of Queens­ land. Mr. SPEAKER: Order! I can explain that very briefly. It is a Commonwealth matter. Mr. R. JONES: Intrastate? Mr. SPEAKER: Order! I remind the hon. member that it is not in order to debate the disallowance of a question. Mr. R. JONES: Mr. Speaker, this is not interstate, it is intrastate. He is responsible. THURSDAY, 28 MARCH, 1968 Mr. SPEAKER: Order! If the hon. mem­ ber does not resume his seat, I shall ask him Mr. SPEAKER (Hon. D. E. Nicholson, to leave the Chamber under Standing Order Murrumba) read prayers and took the chair 123A. at 11 a.m. Mr. R. JONES: Mr. Speaker, I believe-­ VISIT OF SIR COLIN THORNLEY, Mr. SPEAKER: Order! DIRECTOR-GENERAL, SAVE THE CHILDREN FUND Mr. R. JONES: I have asked the Minister a question and I think he should answer it. Mr. SPEAKER: Hon. members, with refer­ ence to the visit to Queensland of Sir Colin Mr. SPEAKER: Order! If the hon. mem­ Thornley, the world leader of the Save the ber continues in that strain I shall name him. Children Fund, Sir Colin has expressed his desire to meet members of the State legisla­ EGG PRODUCTION AND LICENSING OF ture. In order that his wishes may be met, I POULTRY FARMERS have arranged a light buffet luncheon in the former Legislative Council Chamber at 1 p.m., Mr. Houston, pursuant to notice, asked and I remind hon. members of the previous The Minister for Primary Industries,- invitation extended to them to join me. ( 1) What was the commercial egg pro­ I further remind hon. members that in the duction in South-East Queensland from former Legislative Council Chamber at 6.30 January to June in 1966 and 1967? p.m. a film dealing with alcohol and driving (2) What is the anticipated production will be shown under the auspices of the for the same period in 1968? Minister for Transport. ( 3) Will this production be in excess QUESTIONS of local and overseas market requirements and, if so, to what extent? Mr. HOUSTON (Bulimba-Leader of the ( 4) Have any steps been recently taken Opposition): Mr. Speaker, I should like to know why the question addressed to the to restrict egg production and, if so, for Premier of which I gave notice yesterday what reason and on what basis? does not appear on the Business Paper. (5) Is any action proposed towards the licensing of poultry farms? Mr. SPEAKER: Order! The Leader of the Opposition already knows why the ques­ tion is not on the Business Paper. I remind Answers:- all hon. members that certain rules are laid ( 1) "Eggs coming within the control ot down governing questions on the Business the South Queensland Egg Marketing Paper. I sent the notice of question back Board, including sales under permit, were Questions [28 MARcH] Questions 2589

as follows:-January to June, 1966- Channel 0 is not correct. Consequently, 8,562,499 dozen; January to June, 1967- I cannot help but come to the conclusion 10,217,239 dozen." that the Question was only asked in an endeavour to obtain some cheap political (2) "The Egg Marketing Board esti­ propaganda." mates production coming under its control at 10,700,000 dozen during the period January to June, 1968." A VAILABILITY OF SENIOR SCIENCE TEXTBOOK (3) "The excess to local market require­ ments has been estimated by the Egg Mr. Donald for Mr. Inch, pursuant to Marketing Board at approximately notice, asked The Minister for Education,- 3,000,000 dozen eggs during the period ( 1) Is the Senior Science textbook, viz., January to June, 1968. These eggs will be "New Senior Science Book Physics II" not pulped and placed on the export market." yet available to Senior students? (4) "The Federal Council of Poultry (2) When will it be available and what Farmers' Associations of Australia sub­ is the reason why the book was not avail­ mitted a licensing plan for consideration able when selected at the start of the at the recent meeting of the Australian school year? Agricultural Council, which was designed ( 3 ) Why was this book recommended to control further expansion in the as a textbook when its availability was industry. It was appreciated that such a not assured at the start of the school year? licensing scheme could only operate with the agreement of all States. As there was Answers:- no unanimity between States on this matter (1) "Yes." the Australian Agricultural Council was (2) "The publishers advise that the book not able to support the scheme." should be available in Brisbane about (5) "No action is proposed unless April 6. They advise also that a variety uniform action is agreed upon between the of problems associated with printing and States on an acceptable scheme.'" binding has caused the delay in the availability of the book.'' ( 3) "This book was not recommended INDUSTRIAL CoMMISSION PROTECTION FOR as a textbook for senior physics." EMPLOYEES SEEKING ELECTION TO PARLIAMENT Mr. Houston, pursuant to notice, asked OPPORTUNITY SCHOOL, MT. GRAVATT The Minister for Labour and Tourism,- EAST Is there any action the industrial com­ Mr. Newton, pursuant to notice, asked The missioners can take to prevent a company Minister for Education,- victimising an employee simply because he Has his Department finalised the acquisi­ seeks election to Pa.rliament, as instanced tion of land for an Opportunity School by the sacking of Haydn Sargent by site in Newnham Road, Mt. Gravatt East? Channel 0? If so, will he see that it is If so, have plans and specifications been invoked immediately against the company? prepared and is it proposed to start the construction of the school during the Answer:- current financial year? "The Honourable Member is not so Answer:- naive, in view of his long active associa­ tion with industrial matters, as not to " An area of land situated in Newnham know what are the rights of persons Road was taken by the Crown for a future employed under Awards issued by the State Opportunity School by Government Gazette Industrial Commission under the provi­ of October 7, 1967, page 445, but com­ sions of "The Industrial Conciliation and pensation has not yet been determined. Arbitration Acts, 1961 to 1964.'' The Construction of this school building will Honourable Member should be aware rhat not commence during the current financial there is no State Award covering the class year. Although plans and specifications of television work performed by Mr. Haydn have not yet been prepared, the project Sargent. I would also refer the Hon.:JUr­ will receive consideration when the Loan able Member to the report in yesterday's Works Programme for the 1968-69 finan­ Courier-Mail, where the operations cial year is being determined.'' manager of Channel 0 is reported as say­ ing, and I quote-'We are just WoRK FOR STONEMASONS ON GOVERNMENT re-programming. Haydn Sargent has dcne BUILDINGS a damn good job for us. He has been a good employee. The programme is going Mr. Newton, pursuant to notice, asked The because it does not "rate". If it was rating, Minister for Works,- we would be absolutely crazy to take In view of the number of Government it off'. I have no evidence that the reason buildings at present under construction in expressed by the operations manager of the central city area. and the shortage of 2590 Questions [ASSEMBLY] Questions

work for stonemasons, has any allowance ( 4) Has approval been given for the been made in the contracts for the buildings service and, if so, who will operate it, for exterior walls to be finished in archi­ what will be its route and on what date tectural stonework? will it commence?

Answer:- Answers:­ "The specifications for Government (!) "Yes." buildings at present being constructed in (2) "An application was made to the the central city area provide for the use Commissioner for Transport for a permit of stone as facing material to a limited to operate the service by the proprietors of extent. The finishing of exterior walls in Black & White Sandgate Buses following architectural stonework has not been a request made to the Commissioner by specified." the principals and parents' committee of the three schools named." (3) "The Brisbane City Council was not HousiNG CoMMISSION HousEs, WYNNUM an applicant for the service. However, WEST following usual departmental practice in Mr. Newton, pursuant to notice, asked The making enquiries into applications of this Minister for Works,- nature, the Commissioner for Transport ( 1) How many houses have been con­ instructed a departmental inspector to structed or are in the course of construction obtain the views of the Council. The on Queensland Housing Commission land inspector consulted the manager of the at Hellyer Street, Wynnum West? Transport Department of the Brisbane City (2) Wha,t are the names of the con­ Council, who requested that the proposal tractors and what was the number of be referred to the Council in WTiting for houses in each contract? consideration by the Establishment and Co-ordination Committee. This action (3) Are any of the houses for rental? was taken on February 29 by the Com­ missioner and an urgent reply was sought. Answers:- As no reply had been received by (!) "Eighteen." March 14, the Commissioner's secretary (2) "Each contract is for one home telephoned a Council officer stressing the only and the contractors are McFadden importance of the matter and he was advised Bros.; R. A. Rabjohns; Australian Homes; that the Council's decision would be con­ Dickson, Greer & Dickson; S. E. Baxter; veyed to the Commissioner by Wednesday, Cavill Construction Company (2 houses); March 20. As no decision had reached the C. J. Brandenberg ( 5 houses); Kelley Commissioner from the Acting Town Clerk Bros. (3 houses); W. & D. Constructions; by 4.30 p.m. that day, the Commissioner Gammack & Puttick; and H. M. Lee Pty. approved the application submitted by Ltd." Black & White Sandgate Buses and advice (3) "Purchase applications are to hand to this effect was conveyed to the manager for 10 houses, one house has been rented of the Transport Department of the Bris­ and the other seven houses will be rented bane City Council by letter dated March 21. if purchase applications are not received Up till late afternoon on the 27th instant during the period of construction." no decision of the Council has been con­ veyed to the Commissioner."

SCHOOL Bus SERVICE, ANNERLEY TO ( 4) "The service will be operated by the LOURDES HILL CONVENT proprietors of the Black and \Vhite Sand­ gate Buses. It will commence on Monday, Mr. Hooper, pursuant to notice, asked The April 1, over the following routes:­ Minister for Transport,- Between corner of Cracknell and Ipswich (!) Was an application lodged with the Roads and Lourdes Hill College, via Commissioner for Transport for a permit Cracknell Road, Toohey Road, Marshall to opemte a return school bus service from Road, Logan Road, Selbourne Street, the junction of Ipswich and Cracknell Howsan Street, Springwood Street, Logan Roads, Annerley, to Loreto Convent, Road, Abbottsleigh Street, Geelong Villanova College and Lourdes Hill Avenue, Cavendish Road, Chatsworth Convent? Road, Upper Cornwall Street, Kirkland Avenue, Old Cleveland Road, Ferguson (2) If so, what is the name or the Road, Perth Street, Joseph Street, names of the applicants? Mcilwraith Avenue, Bennetts Road, ( 3) If Brisbane City Council was not Wynnum Road and Hawthorne Road. an applicant, did it indicate its attitude in The return route is via Beatrice Street, connection with the institution of the Wynnum Road and Bennetts Road and service and, if so, what was it? then the reverse of the forward journey." Questions [28 MARCH] Questions 2591

APPOINTMENTS TO CHILD GUIDANCE Answers:- CLINIC, TOWNSVILLE (1) "$12.28." Mr. Tucker, pursuant to notice, asked The (2) "$8.58." Minister for Health,- (3) "$11.07." (1) When was Doctor Wright appointed to take charge of the Child Guidance Clinic, Townsville, when did he arrive in SUBSIDIES IN EDUCATION OF DEAF Austra-lia and when did he actually take CHILDREN up his duties? Mr. Aikens, pursuant to notice, asked The (2) Have a psychologist and a speech Minister for Education,- therapist been appointed to the clinic? If Will the Government subsidise or assist so, when were they appointed and when in any other wa-y organisations established did they take up their duties? to train and educate deaf children and, if (3) What other staff have been so, what organisations will be eligible and appointed to the clinic and have they taken to what extent will assistance be given? up their appointments? Answer:- ( 4) How many patients ha-ve been inter­ viewed by Doctor Wright to date and what "The Government at present works in is the present waiting time for an interview? close co-operation with the Association for the Pre-school Education of Deaf Children. Answers:- This association provides the buildings, ( 1) "Dr. Wright arrived in Australia transport services and costs associated with on November 24, 1967, took up duty in non-professional staff at the pre-school Brisbane on November 27, 1967, and after centre for the deaf in Brisbane whilst the obtaining suitable experience arrived in Department meets professional costs and Townsville on February 5, 1968." supervises the work carried out. The Department of Education meets all costs (2) "An appointment has been recom­ in educating deaf children from the age of mended for a psychologist who will take four at the School for the Deaf. The up duty in the near future. There have Government would give consideration to been no suitable applicants for the position the provision of subsidy or other assistance of speech therapist to date and the position to any similar organisation which provided will be re-advertised." services to deaf children provided such a (3) "An application from a s·ocial need was demonstrated." worker is now being considered. The posi­ tion of nurse-receptionist will shortly be filled by an applicant who has already VISIT OF MEMBERS OF PARLIAMENT TO been interviewed. A clerk-typist will take SouTH-EAsT AsiA up duty on April 8." Mr. Aikens, pursuant to notice, asked The ( 4) "To date Dr. Wright has seen 23 Premier,- new patients as well as having repeat inter­ ( 1) Will the group of eight parlia­ views. A person requesting today an mentarians to visit South-East Asia shortly appointment to see Dr. Wright would have be accompanied by any other persons at one made fm April 17. If the case were the taxpayers' expense and, if so, what are urgent he would be seen before that." the names of those persons and what will be their function or purpose? CHARGES BY TOWNSVILLE REGIONAL (2) Will the group travel first-class and ELECTRICITY BOARD be accommoda-ted at first-class establish­ Mr. Aikens, pursuant to notice, asked The ments, what places will they visit, and at Minister fer Mines,- what establishments will they be accom­ modated at each place? ( 1) What would be the charge levied by the Townsville Regional Electricity (3 ) Hew long will tht: group be out Board on a Townsville householder who of the State? used 400 units of electricity fer the two­ ( 4) Will any persons whose fares and monthly period covered by the issue of accommodation will not be paid by the those accounts for lighting and power com­ State accompany the group on any part bined, disregarding any power used for of the tour and, if so, who are they and wa-ter heating and air-conditioning? why? (2) What would be the charge levied Answers:- by the relevant electricity authority on a Brisbane householder for the same use of ( 1) "Yes. An officer of Parliament or electricity ever a similar period? of the Public Service who will be under­ (3) What would have been the charge taking duties as secretary-organiser. The levied by the Townsville Regional Elec­ person has yet to be selected." tricity Board on a Townsville householder (2) "It is proposed that the group travel in these circumstances before the estab­ first-class and be accommodated at estab­ lishment of the Northern Electric lishments comparable to their standing as Authority? Parliamentarians. An itinerary has not 2592 Questions [ASSEMBLY] Questions

yet been drawn up so that, at this juncture, ADDITIONAL CLASSROOM, WOODSTOCK I cannot inform the Honourable Member STATE SCHOOL as to what places the group will visit and Mr. Coburn, pursuant to notice, asked The at what establishments they will be Minister for Education,- accommodated." Will he approve of the provision at the (3) "Approximately three weeks." Woodstock State School of a classroom (4) "No." that will provide congenial conditions for teacher and pupils as a replacement for the existing temporary classroom, which is POLLUTION OF WATERS BY OIL a veritable hot box and, because of poor Mr. W. D. Hewitt, pursuant to notice, lighting and ventilation, is quite unsuitable asked The Treasurer,- for the purpose for which it is being used? ( I) Was detergent sprayed over the polluted area when oil escaped into the Answer:- Brisbane River in February? " Action will be taken to request the (2) Did the Torrey Canyon incident Department of Works to prepare a plan of March, 1967, establish that detergent and an estimate of cost for the provision of did great harm to bird and sea. life but additional permanent classroom accommo­ served little purpose in containing or dis­ dation at the Woodstock State School. persing oil slick? When these documents are received con­ sideration will be given to approving of ( 3) Does he know that an English firm this project in relation to available finance." has developed a shredded polyurethane that soaks up oil like a sponge so that it can be towed away and pressed out later for re-use? STATE TREATMENT WORKS, lRVINEBANK ( 4) As the possibility of oil escaping on Mr. Wallis-Smith, pursuant to notice, asked to the Brisba.ne River is ever present, will The Minister for Mines,- he have the English process fully investi­ ( 1 ) How many shifts per day are being gated so that the appropriate authority may worked at the Irvinebank battery? deal with the problem in the most effective manner and with the minimum of harm to (2) When were the three shifts per day bird and marine life? discontinued? ( 3) How many shifts have been lost Answers:­ since January 1? (1) "Yes." ( 4) What have been the causes for the (2) "I am not aware that these are reduction in the number of shifts worked? informed conclusions following the (5) If lack of ore is a contributing disaster. I understand that the oil did cause, will he consider (a) stockpiling of great harm to bird and sea life. I also ore at the battery and (b) improvement understand that a committee of scientists to access mining roads? reporting on the disaster recommended, amongst other things, the provision of craft specially equipped to spray detergent as a Answers:­ means of combating oil pollution." (1) "Two." (3) "I have read reports of this (2) "December 15, 1957." material." (3) "None through mechanical or other ( 4) "The pollution of waters by oil is breakdowns, though, due to shortage of a matter of world-wide concern and ore, crushing operations have been sus­ experiments in methods of dealing with it pended for several periods since January 1." are being carried out in ports all over the world. I might mention that the Depart­ ( 4) "Lack of ore for crushing." ment of Harbours and Marine has con­ (5) "(a) There is room for ore to be structed and is modifying from time to stockpiled adjacent to the State Treatment time an experiment roller sponge for this Works if the owners of ore desire to stock­ purpose. However, the report of the com­ pile their ore. (b) As recently advised, mittee of scientists investigating the Torrey $110,000 is now being spent on the Canyon disaster proposes research into Herberton-Irvinebank-Stannary Hills-Petford many matters, including detergents, oil­ Road." sinking agents, spraying equipment, beach­ cleaning machines, cheap and effective booms and effects of pollution on marine WATER SUPPLY TO ABORIGINES AT KOAH, life and birds. It suggests that the research OAK FOREST, KOWROWA AND MANTAKA work be carried out on an international collaborative basis, perhaps co-ordinated Mr. Wallis-Smith, pursuant to notice, asked through the Inter-governmental Maritime The Minister for Works,- Consultive Organisation. The Honourable ( I) Further to the Answers to my Member can rest assured that the English Questions of September 7, 1966, and process will be investigated." August 23, 1967, relative to water supplies Questions [28 MARCH] Questions 2593

for Aborigines at Koah, Oak Forest, Mr. THACKERAY (Rockhampton North): Kowrowa and Mantaka and as negotiations I notice, Mr. Speaker, that you deleted my have taken place between the Local question about Haydn Sargent. Authority, the Seventh Day Adventist Mr. SPEAKER: Order! I did not delete the Church and the Department of Aboriginal hon. member's question from the Business and Island Affairs, what steps have been Paper; I ruled it out of order at the time taken to supply water to the areas? that notice of it was given. (2) If a decision has not been reached, will he endeavour to expedite negotiations so that these residents will be supplied with MOURA-GLADSTONE RAILWAY LINE water in the near future? Mr. Thackeray, pursuant to notice, asked The Minister for Transport,- Answer:- How many buckles have occurred on the Moura-Gladstone railway line since (1 and 2) "As has previously been con­ its construction and what is the reason for veyed to the Honourable Member, provi­ them? sion of water supplies at Koah, Oak Forest, Kowrowa and Mantaka is a matter for the Answer:- Mareeba Shire Council and his representa­ "\Vith the construction of new railways, tions should be made to that authority." it is expected there may be some problems associated with the settling down of the new permanent way and under certain HOUSES FOR MITCHELL RIVER AND conditions of extreme temperature ranges EDWARD RIVER ABORIGINAL buckling of rails can occur. There have COMMUNITIES been no buckles on the Moura-Giadstone Mr. Wallis-Smitb, pursuant to notice, asked line since it has been officially opened for The Minister for Works,- traffic. In January and February, prior to the line being officially opened for traffic, ( 1) How many homes have been built there was one buckle which delayed trains for residents of the (a) Mitchell River used for construction purposes. There were and (b) Edward River communities during twelve other reported minor tendencies to 1967 and 1968? buckle which did not delay any trains used for construction purposes. The necessary (2) Are the homes similar in design and attention has been given to this matter." construction to those erected previously? ( 3) Will he consider the fly-screening of all homes, so contributing to the good WEIGHING OF VAO RAILWAY WAGONS health of the community? Mr. Thackeray, pursuant to notice, asked The Minister for Transport,- ( 4) What quantity of building material is awaiting transportation to the com­ ( 1) How many weighbridges are munities? capable of weighing V AO wagons between Blackwater and Gladstone and (5) When is it anticipated that the road where are they situated? will be open to the communities for the (2) How often are trains weighed? transport of materials and supplies? (3) What is the average (a) overload­ ing and (b) underloading of the net Answers:- weight of the V AO wagons? (1) "Three staff homes were erected at Mitchell River during 1967 and 1968. Answers:- No homes were erected at Edward River ( 1) "Rockhampton, Bluff and South during the period. Materials for the erec­ Gladstone." tion of seven further dwellings at each of (2) "All VAO wagons have been Mitchell River and Edward River com­ weighed, with the exception of a few munities have been supplied and erection wagons which arrived at South Gladstone will proceed as soon as possible." during the hours of darkness and which were not weighed because of the absence (2) "No." of light." (3) "Yes." (3) "(a) 1 ton 7 cwt. (b) 5 tons 17 cwt." ( 4) "It is not practicable to advise as Mr. Thackeray: I asked about VOA to the quantity of material awaiting wagons, not VAO wagons. Do you know the transportation." difference? (5) "Opening of road access to each Mr. SPEAKER: Order! If the hon. mem­ of the communities is dependent on local ber for Rockhampton North continues to seasonal conditions and when the road interject during question time I shall deal will be open cannot be anticipated." with him under Standing Ordcr 123A. 2594 Questions [ASSEMBLY] Questions

REDUNDANT POSITIONS, \VILLOWBURN ( 3) "Successful tenderer was the firm of RJuL\VAY WORKSHOPS Evans Deakin and Co. Pty. Ltd. Names Mr. Donaiil for Mr. P. Wood, pursuant to of all the companies and tender prices sub­ notice, asked The Minister for Transport,- mitted were:- ($) ( 1) How many positions, in all sections and in all classifications, will become Dumez Australia 813,738 redundant when dieselisation and reorgan­ Evans Deakin and Co. Pty. Ltd. 932,424 isation is completed at Willowburn Railway Thiess Bros. Pty. Ltd. . . . . 951,959 Workshops, Toowoomba? Dillingham (Queensland) Con- structions Pty. Ltd. . . 986,011 (2) What are the positions which will John Holland Constructions Pty. become redundant? Ltd. . . 1,018,343 M. R. Hornibrook Pty. Ltd. . . 1,023,663 Answers:- Transfield (Qld.) Pty. Ltd. 1,025,701 Qld. Concrete and General Con- (1) "Three." struction Pty. Ltd. . . 1,051,376 (2) "One leading-hand turner; one Pioneer Holdings Pty. Ltd. 1,168,950 turner; one coppersmith." Leighton Contractors Ltd. 1,260,361 Concrete Pty. Ltd. 1,338,680 Sanders Constructions Pty. Ltd. 1,353,107 RE-ADMISSIONS TO TEACHING SERVICE The tender submitted by Dumez Australia incorporated provisions fm indemnities Mr. Donald for Mr. P. Wood, pursuant to not conforming to the specifications." notice, asked The Minister for Education,- ( 1) How many married women teachers had their services with the Education REBUILDING OF GLADSTONE HOSPITAL Department terminated at the end of Mr. Hanson, pursuant to notice, asked The 1967? Minister for Health,- (2) How many married women teachers ( 1) Has his Department any plans to have been re-employed to date this year? compieteiy rebuild the dilapidated and out-dated Gladstone Hospital? (3) How many teachers were re-admitted to the Department in 1967 and (2) As a sudden increase in population how many who had trained outside will shortly be experienced in the town Queensland were admitted in 1967? and as hospital accommodation is inadequate, especially during the period of ( 4) How many teachers have been an epidemic, has his Department any re-admitted to date in 1968? plans to meet the immediate and future problems? Answers:- Answers:- ( 1) "Forty-nine." ( 1) "Consideration has not been given (2) "Three hundred and thirty-three." to completely rebuilding the Gladstone (3) "One thousand one hundred and Hospital. I am unable to accept the nine re-admitted. One hundred and sixty­ Honourable Member's statement that the five who had trained outside Queensland hospital is dilapidated and out-of-date." were admitted in 1967." (2) "Following on representations by ( 4) "Five hundred and nineteen. This the Gladstone Hospitals Board to provide includes the 333 teachers as in Question 2." additional accommodation I have given approval for the Board to have sketch plans and estimates of costs prepared to provide a new building to contain Outpatients and CONSTRUCTION OF BLACKWATER DAM, Casualty Departments, Dental Clinic and McKENZIE RrvER Administration section. Such approval JV[r. Hanson, pursuant to notice, asked The provides also for the remodelling and Minister for Local Government,- renovation of existing wards and Out­ (1) Were tenders called through his patients Department to provide increased Department for the construction of a ward accommodation. Plans and estimates dam at Bedford Crossing, McKenzie River, of costs are expected from the Board in adjacent to Blackwater township? the near future. Hospitals are designed to meet normal demands and any epidemic (2) Did a French firm, Societe Dumey involving admission of abnormal numbers tender for work on the site? of patients would require emergency (3) Who were the successful tenderers measures. Requirements at Gladstone have and what were the names of all the been and are constantly under review by companies and the tender prices submitted? the Hospitals Board and my Department. I am advised that the accommodation that Answers:­ will be available when the aforementioned additions and alterations have been com­ (1) "Yes." pleted should be sufficient to meet fore­ (2) "Yes." seeable future demands. Further proposals Questions [28 MARCH] Questions 2595

in respect of a master plan for future ( 4) What is the policy of his Depart­ development of the hospital and staff ment in urgent cases such as this? accommodation requirements have been AnsJv'er:- recently received from the Board and are presently receiving consideration." ( 1 to 4) "At frequent intervals my Department examines samples of water submitted by the Gladstone City Council. QUALITY OF GLADSTONE WATER SUPPLY The last results available were from samples received on March 19'. Recent Mr. Hanson, pursuant to notice, asked The results have disclosed unsatisfactory Minister for Health,- bacteriological quality in some water ( 1) Is he aware that the Local Authority samples, particularly from one reservoir. in Gladstone is urging all residents of the When unsatisfactory results are obtained town to boil before use water supplied my Department reports these to the Local from the new $5,000,000 augmented water Authority concerned with comments on supply? the quality of the water. If the matter is urgent, results are telephoned. The Local (2) Have tests of the water been Authority is expected to take action to recently conducted by his Department? improve water quality if this is found to ( 3) Have any requests been made to be unsatisfactory. I understand that con­ have tanks installed at establishments under sumers have been advised to boil the water his control? until the quality improves."

DECISIONS OF CONSULTANT BOARDS UNDER WORKERS' CoMPENSATION ACTS !VIr. Bromiey, pursuant to notice, asked The Treasurer,- ( 1) How many cases were listed for determination by the (a) Cardiac, (b) Orthopaedic, (c) Dermatology, (d) Oto-Rhino-Laryngology, (e) Neurology and (f) Ophthalmology Boards since the inception of the Boards? (2) Do the various Boards meet regularly and, if so, how often? (3) What is the number of cases (a) approved and (b) rejected by each of the Boards for each of the years since the amendment of the \Vorkers' Compensation Acts in this regard in each case and up to the latest date available? Answer:- (1 to 3)- I Cases Listed Cases Cases Board Period of Operation Approved Rejected

Cardiac .. .. 31-5-61 to 30-6-62 274 99 I l75 1-7-62 to 30-6-63 281 139 I 142 1-7-63 to 30-6-64 260 148 I 112 1-7-64 to 30-6-65 275 169 i 106 1-7-65 to 30-6-66 291 156 I 135 1-7-66 to 30-6-67 272 164 I 108 1-7-67 to 25-3-68 234 137 97 I I The Board meets twice per week

Period of Cases Cases I Board Operation Listed Approved Result of hearing Orthopaedic 12-10-67 19 11 permanent disability assessment to 1 permanent disability assessment deferred 29-2-68 1 accepted 1 terminated 2 still unfit for work 2 fit for selected employment 1 deferred pending neurological examination The Board meets once every four weeks

Dermatology 24-5-67 101 49 40 cases rejected to 12 cases receiving compensation "'ere con­ 20-3-68 sidered fit to resume work The Board meets once each week 2596 Questions [ASSEMBLY] Questions

Oto-Rhino-Laryngology No Board meetings held to date because no cases have been referred to the Board. Neurology No Board meetings held to date because no cases have been referred to the Board. Ophthalmology No Board meetings held to date but a meeting is in process of being arranged. SCHOOL SUBSIDIES EMERGENCY SECONDARY TEACHER TRAINING ScHEME-continued Mr. Bromley, pursuant to notice, asked The Minister for Education,- 14. University of Queensland .. 1945-67 15. University of Queensland .. 1958-66 ( 1) What are the names of the schools 16. University of Queensland .. 1965-67 which received Education Department sub­ 17. University of Queensland .. 1965-67 sidies for (a) approved materials for use 18. University of Queensland .. 1960-63 in the schools, (b) ground improvements, 19. University of Wellington .. 1940-42 and (c) building improvements or build­ 20. University of New South ings, etc., for the years 1965, 1966, 1967 Wales 1964-65 and to the latest date available? 21. Stanford University 1938-41 University of Queensland .. 1966-67 (2) What are the individual amounts of 22. University of Queensland .. 1966-67 subsidy paid to each school? 23. University of Queensland .. 1967 24. University of Queensland .. 1963 Answer:- 25. University of Queensland .. 1964-67 (1 and 2) "The information sought by 26. Southampton University .. 1962-65 27. University of Queensland .. 1964-67 the Honourable Member is not readily 28. University of Queensland .. 1963-67 available. It is considered that the amount 29. University of Queensland .. 1948-50 of work that would be entailed cannot be 30. University of Queensland .. 1962-67 justified. If the Honourable member seeks 31. University of London 1967 such information in relation to particular 32. University of Queensland .. 1966-67 schools, the details will be made avail­ 33. University of Queensland .. 1948-67 able." 34. University of Queensland .. 1965 35. University of Queensland .. 1966-67 36. University of Queensland .. 1959-62 EMERGENCY TEACHER TRAINING SCHEME 37. University of Queensland .. 1967 38. University of Queensland .. 1965-67 Mr. Bromley, pursuant to notice, asked 39. University of Queensland .. 1964-66 The Minister for Education,- 40. University of Queensland .. 1967 With regard to the forty-nine students 41. University of Western Aust­ engaged for the Emergency Secondary ralia 1948-51 Teacher Training Scheme, (a) what is University of London 1952-53 the number with four or more University 42. University of Wales 1936-39 units, (b) what is the number with fewer 43. University of Queensland .. 1965-67 than four units, and (c) when and from 44. University of Queensland .. 1947-50 what Universities were these units obtained, 45. University of Queensland .. 1965-67 together with the names of the units? 46. University of Melbourne .. 1960 47. University of Queensland .. 1961-63 48. University of Queensland .. 1965-67 Answer:- 49. University of Queensland .. 1948-50 "(a) 36; (b) 13; (c) I refer to the information which was tabled on March Mr. BROMLEY (Norman): Mr. Speaker, 20, which gave detailed information with I ask that the information tabled the other regard to the academic qualifications of day by the Minister for Education, and the the students. The universities at which information tabled today, be included in these students studied and the years of "Hansard". The details already given were their study are as follows:- not included in Votes and Proceedings, which is why I asked my question today. EMERGENCY SECONDARY TEACHER TRAINING SCHEME Mr. SPEAKER: I am prepared to consider the request of the hon. member for Norman. 1. University of Queensland .. 1964 2. University of Queensland 1962-67 3. University of Queensland .. 1958-63 DEVELOPMENT OF WALLUM COUNTRY 4. University of Queensland .. 1958-67 Mr. Sherrington, pursuant to notice, asked 5. University of Queensland .. 1961-66 The Minister for Lands,- 6. University of Queensland .. 1941-44 7. University of Queensland .. 1965-67 ( 1 ) Has his Department received 8. University of Queensland .. 1967 enquiries for areas suitable for develop­ 9. UnivErsitY of Queensland .. 1966-67 ment of land within the wallum area? 10. University of Queensland .. 1962 (2) If so, (a) what types of land usage 11. University of Queensland .. 1962-66 have been the basis of these enquiries and 12. University of Queensland .. 1960-67 (b) what percentage of the total area of 13. University of Melbourne .. 1956 wallum would be represented by the University of Queensland .. 1964-67 enquiries? Questions [28 MARCH) Questions 2597

(3) Are any definite plans for develop­ (2) Has the Government entered into ment of this type of country under an agreement with overseas interests rela­ consideration? tive to the construction of these facilities? ( 4) What areas of the wallum country If so, will he make the details of the might be involved in any initial develop­ agreement public? mental scheme? Answers:- Answers:­ (!) "Yes." (1) "Yes." (2) "No." (2) "(a) Cattle fattening. (b) All Wallum land in the hands of the Crown EFFLUENT FROM POWER ALCOHOL between Caloundra and Bundaberg has DISTILLERY AT SARINA been given some consideration and a total Mr. Graham, pursuant to notice, asked area of 77,000 acres has been made avail­ The Treasurer,- able for leasing." ( 1) Is he aware that Armstrong Beach (3) "Yes." and the adjacent area has again been ( 4) "Applications for an area of 4,060 polluted by the effluent from the Sarina acres a little to the south of Bundaberg Power Alcohol Coy.? closed on March 19, 1968, and are presently (2) Will he take appropriate action to being investigated by the Land Adminis­ prevent a repetition of these occurrences, tration Commission. It is anticipated that which are responsible for the unwarranted applications will be called about the middle destruction of vast quantities of sea life? of the year for the development of a block ( 3) Why has the Government not taken of about 2,000 acres near Lake Weyba." action against those responsible for the pollution of creeks and beach frontages in ESTABLISHMENT OF NATIONAL PARKS IN the Mackay area, as these are yearly W ALLUM COUNTRY occurrences? Mr. Sherrington, pursuant to notice, asked Answers:- The Minister for Local Government,- ( I) "No." What investigation, if any, has been carried out with regard to the setting aside (2 and 3) "Recognising the magnitude of areas in the coastal wallum as (a) of the problem caused by the release of representative types suitable for preserva­ industrial effluents and of the effects of tion as national parks or scenic areas and these effluents on fish the Government has (b) scientific study reference areas suitable arranged for the Co-ordinator-General's for the carrying out of research into soil Department to accept a co-ordinating fertility, erosion, land usage, &c? responsibility in this matter and the Department of Local Government has Answer:- been charged with responsibility to carry "(a) Seven areas totalling 143,860 acres out the necessary technical investigations. are under consideration at the present time A number of sources of pollution have for reservation as national parks in the been identified throughout Queensland coastal wallum south from Bundaberg. including the Power Alcohol Distillery at (b) 1,400 acres of wallum have been Sarina and steps are being taken to ensure preserved for research purposes within that proper effluent control and purification the Beerwah State Forest, and action is in plant is designed and installed. In this hand to seek out and set aside eight repre­ particular case, the Sarina Shire Council sentative areas in each of the six major was empowered on February 2 by the exotic pine plantation areas of Beerwah­ Co-ordinator-General of Public Works to Beerburrum, Toolara, Tuan, Gregory, inform the distillery that legal action Bowenia, and Kennedy. These 48 areas, would be taken in the event that they to be designated 'Scientific Purposes Areas' failed to produce by September 30, 1968, are to be of about 100 acres each and are a proposal to control pollution caused by to be left with their native vegetation cover wastes from the distillery. Action to con­ intact. They will be used for research trol pollution from other sources is also in purposes and will serve as a datum in hand." assessing changes consequent on planta­ tion establishment." UNSEALED SECTION OF DAINTREE MAIN RoAD CONSTRUCTION OF PORT AT HAYES Mr. Adair, pursuant to notice, asked The POINT Minister for Mines,- Mr. Grabam, pursuant to notice, asked Are plans in hand for the bitumen The Premier,- sealing of the remaining four miles of the ( 1) Has his attention been drawn to a unsealed section of the main road at statement appearing in a recent issue of Daintree? If so, when will work the Mackay Daily Mercury with regard to commence? the establishment of a new seaport at Hayes Point and the construction of a rai:I Answer:- link between the coast and the Mackay "No. Having regard to other works in hinterland? this area which are considered to have a 2598 Questions [ASSEMBLY] Questions

higher priority, it is not possible at this (2) In view of the delay occasioned, stage to say when funds can be allocated what action has been taken to overcome for this work." any backlog of trials in civil cases at Cairns and other North Queensland centres? PENINSULA DEVELOPMENTAL ROAD Mr. Adair, pursuant to notice, asked The Answers:- Minister for Mines,- ( 1) "Figures as to the numbers of As the Mulligan Highway is in a bad criminal cases at present awaiting trial state and as concern has been expressed in North Queensland have been obtained by graziers and residents of Cape York but figures as to civil and matrimonial Peninsula at the neglect of this important cases at present awaiting trial are unavail­ road, what plans has his Department in able by reason of shortness of notice of hand for the construction of the road this Question. The Honourable Member to the required all-weather standard? will know that a considerable number of civil proceedings which are commenced Answer:- do not progress as far as trial and it is "The name Mulligan Highway does not understood that it is the number of those any longer apply to any road declared proceedings set down for trial and awaiting under the Main Roads Acts. It is trial that is required. In the criminal assumed the Honourable Member refers jurisdiction of the Supreme Court, there to the section of the Peninsula Develop­ are 7 cases at present awaiting trial in mental Road between Mareeba and Lama. North Queensland, 2 at Townsvillc and 5 It is nonsense to talk of neglect of this at Cairns, while in the District Courts road as funds are being provided under jurisdiction, there are 23 criminal cases at the Commonwealth States Beef Roads present awaiting trial in North Queensland, allocation for work on this road. During 4 at Townsville, 1 at Bowen, 6 at Cairns the current financial year works estimated 2 at Innisfail, 1 at Mackay, and 9 at to cost over $620,000 are already in pro­ Mt. Isa." gress and the programme provides for a (2) ''The Chairman of the District further expenditure of over three million Courts, Judge Andrews, has been presiding dollars during the next seven years under over the District Court, Cairns, since the new Beef Roads Programme. Included March 18 and Acting Judge Broad will be in the works in progress are bridges over in Mt. Isa for approximately two weeks six major streams and roadworks which as from April 2. These arrar1gements were will complete the bitumen surfacing as made to permit Judge Cormack to take far as Mt. Molloy." a special Civil Sittings of the District Court." CHILDREN'S SERVICES DEPARTMENT, CAIRNS APPOINTMENTS TO DEPARTMENT OF Mr. Adair, pursuant to notice, asked The ABORIGINAL AND ISLAND AFFAIRS Minister for Health,- CAIRNS , As the Cairns district has an extremely Mr. R. Jones, pursuant to notice asked high population and as there is an urgent The Minister for Works,- ' need for the establishment of a Children's Services Department there, will he take When is it anticipated that the appointees immediate steps to have a permanent office as Assistant District Officer, Cairns­ of the Department established in Cairns? Yarrabah and the Liaison Officer attached to the ~e~ional Office of the Department Answer:- of Abongmal and Island Affairs, Cairns will take up their respective positions? ' "The need for the extension of the activities of the Department of Children's Answer:- Services in other areas of the State is constantly under review. The needs of "An Assistant District Officer, Cairns­ Cairns and district will receive due con­ Yarrabah has been appointed and taken sideration, but the Honourable Member up duties at Cairns. Consideration is will realise that specialty services of this presently being given to the appointment nature are dependent on the availability of a Liaison Officer attached to the of suitably trained personnel." Regional Office of the Department of Aboriginal and Island Affairs, Cairns."

B \CKLOG OF CASES, SUPREME AND DISTRICT COURTS, NORTH MARKETING OF CHICKENS, MARYBOROUGH QUEENSLAND DISTRICT Mr. R. Jones, pursuant to notice, asked Mr. Donald for Mr. Davies, pursuant to The Minister for Justice,- notice, asked The Minister for Industrial ( 1) What is the number of cases­ Deve!opment,- criminal, civil and matrimonial-awaiting (1) Is he aware that this week "Ingham's trial in the Supreme and District Courts in Enterprises Abattoirs" advised several North Queensland? farmers in the Maryborough di~trict that Paper [28 MARcH] Grievances 2599

the firm will no longer provide a market GRIEVANCES for any chickens grown by these farmers Mr. SPEAKER: Order! I state the after the present stock of approximately question- 150,000 fowls is sold? "That Grievances be noted." (2) In view of the serious financial problems confronting these farmers, will ROAD ·woRKS, CAPE YoRK PENINSULA; SUGAR MILL TRAMLINES he endeavour to obtain a market with other abattoirs for the fowls to be pro­ Mr. ADAl!R (Cook) (11.59 a.m.): I take duced at these "broiler" farms? this opportunity to answer the statement made by the Minister for Main Roads in ( 3) What are the names of the firms his answer to my question concerning the financially interested in "Ingham's Enter­ bitumen sealing of the remaining section of prises Abattoirs"? the Daintree Road. He informed me that it was not intended to carry out that work Answer:- at present becaus-e higher priorities had been allotted to other work throughout the State. "This matter is one which comes more appropriately within the jurisdiction of my The construction of this road began in colleague, the Minister for Primary 1953, and since then from time to time small Industries, to whom it is suggested the sections of 1 and 2 miles have been sealed Question be directed." till now only 4 miles remain unsealed. I thought it was the policy of the Government to give priority to main roads that are EXPENDITURE ON ROAD WORKS already gazetted. Apparently the Minister is not taking into consideration the remaininu Hon. R. E. CAMM (Whitsunday-Minister section of the Daintree Road. "' for Mines, Main Roads and Electricity): On 18 October last I received a question in this In another question that I asked this House from the hon. member for Wavell morning I referred to the Mulligan Highway and I ir>dicated in my reply that it would which is now called the Peninsula Develop~ take some time to obtain the necessary mental Road. If any road in Queensland information and get the figures required to is a .disgrace to th~ Main Roads Department, I thmk that road 1s. Construction of it was answer the question. When the figures were begun by a Labour Government in 1950 made available to me I forwarded them to but it is still untrafficable. In every wet the hon. member by way of letter. He has season traffic has been held up. Although subsequently requested that I answer the the Government has declared it a beef road question in the House. I clain: th~t, at the present rate of develop: I will agai::t state the question- ment, It w1ll be another 20 years before it "What was the total amount spent in is a serviceable, all-weather road. all areas of the State, other than the City When I came to this Chamber in 1953 of Brisbane, on road, street and bridge graziers in that part of the country wer~ works by way of Treasury subsidies, The driving their cattle down to the sa!eyards Urban Roads Construction Fund, The at Mareeba; today, 15 years later they are Commonwealth Aid Fund, The Road still driving their cattle down th~re. Each Maintenance Fund and The Traffic time I ask a question in this House of the Engineering Trust Fund, during the past !Yfinister in charge of the department, I am ten years, expressing, if possible, such mformed how much money has been and is amounts as they relate to the northern, being spent on the road. I am not concerned central and southern divisions of the about the amount of money being spent on State?" the road; I want to see it completed. Recently I was speaking to the owner of a transport service. He informed me that the corduroy Answer:- on the road at present causes excessive "Main Roads bruising of the cattle and makes it impossible Financial Amount to bring them by road to the saleyards. I have pointed that out to the Minister on Division­ $ numerous . occasions, but the only reply I Northern 13,429,441 have received relates to the money that is Central 15,035,326 being spent on the road. Southern 24,431,660 I have been an advocate for another road, the coast road, and I claim that a bitumen $52,896,427" road could have been built along the coast for about half the money that has been spent on the Peninsula Developmental Road. As I said earlier, not only have millions of dollars PAPER been spent on the road; many more millions The following paper was laid on the of dollars will have to be spent on it to make table:- it an all-weather road. If the Main Roads pep~rtment does not get on with the job, Order in Council under the Industrial It Will be years before the people living in Development Acts, 1963 to 1964. Cape York Peninsula have an all-weather 2600 Grievances [ASSEMBLY] Grievances

road. The department is mucking about, Manual cane-cutting is, or should be, at an building one bridge this year, spending, end; it is too expensive now to hand-cut cane. probably, $400,000 or $500,000 on another The cost of hand-cutting a ton of cane is well portion next yea,r, and making provision for over $2. The cutter today will not load cane a further sum of money for the building of and it has to be done with end-loaders, which bridges in the following year. costs at least an additional 60 cents a ton. In all, it costs new farmers up to $3.30 a ton to Mr. N. T. E. Hewitt: Do you think they cut and load their cane. should build the bridges first, or the roads Farmers who have been established in the first? sugar industry for a number of years and own harvesting machines are getting their cane cut Mr. ADAm: They should put the money and loaded on to the mill line-I know they into it. It has been declared a beef road. will argue this-for as little as $1 a ton, What are the people living in the Peninsula whereas the new farmers are paying up to to do? In my opiniion, the Peninsula $3.20 and $3.30 to get their cane on to the Developmental Road should have been given mill line. first priority because there are no railways in that area. The Gulf Country has railways The mills could assist the new farmers bv serving it, but cattle from the Peninsula have extending their tramlines to a point as close to be driven 600 miles to the nearest sale­ as possible to the properties, but they have yards. People living in the Gulf Country can not endeavoured to do this; they have left the load their cattle into railway wagons and send new farmers to bear these extra costs. I do them to the saleyards, whereas those living not think the mill directors have any concern in the Peninsula have to depend entirely on for the new farmers. road and sea transport. (Time expired.) I have seen a report in the Press that the "Ida Clausen" is to take a load of cattle from DUMPING OF SURPLUS FRUIT Marina Plains, and yesterday a boat ,that has Mr. GRAHAM (Mackay) (12.9 p.m.): At been built to carry cattle from the Peninsula the end of February the general public of area and to service Gulf povts was launched Queensland were somewhat alarmed by Press in Cairns. statements indicating that large tonnages of Mr. R. Jones: What do you think about a edible fruit were being destroyed because of railway from Cairns to Weipa? certain factors. Press statements appearing not only in the Brisbane "Courier-Mail" but Mr. ADAIR: The road will do me, as in other publications throughout Queensland long as it is a good road. But I am told that gave consideration to this question, which when this beef road does go through it will caused a public outcry. Apart from the only be a gravel road, not a bitumen road. information supplied to the Press by the That means that we will still have problems C.O.D. and the growers' organisations, many and, at the rate the road is being built now, private citizens raised objection to the pro­ I cannot see it becoming an all-weather road cedure that was adopted by the C.O.D. and for another 20 or 30 years. It is up to the the growers' organisations in the disposal of Government to do something about spending this surplus fruit. enough money to make it an all-weather On the resumption of Parliament I posed road. a question to the Premier because I felt that . Getting off that subject and on to the sugar the dumping of this surplus fruit was an mdustry, I have nothing but praise for the indictment of the Government as there were manager of the Agricultural Bank in that many organisations in Queensland-pen­ bank's assistance to the sugar industry. I sioners, unemployed and charitable institu­ have obtained satisfaction in every request tions-that would have been glad of the that I have made to him. On this occasion opportunity to have it at their disposal. my complaint is not with the Government but However, because of the Government's lack with the mills and their treatment of new of interest and lack of organisation, this farmers. surplus fruit was dumped at the direction of the C.O.D. and the growers' organisations. . I am more conversant with the sugar mdustry in the Innisfail area than in any I realise that there may have been some other area, so I will instance the position difficulty in disposing of all of the fruit. there. New farmers in this area whose Admitting that some of it may have been assignments were accepted by th~ milfs, overripe and that there may have been loss expected that the mill tramlines would be of time in arranging for the disposal of the extended to the vicinity of their farms and fruit, I still maintain that had the Govern­ thus cut down their transport costs. How­ ment been interested and had it been ever, South Johnstone sugar mill has done sympathetic to the wants of needy people very little to assist them. As I say, the mill throughout Queensland it could have done accepted them as new farmers and took their something to prevent this wilful destruction ass!gnments, ?ut it has not been willing to of fruit, which could have been of great assist them With the transport of their cane. value to those people. Mr. Aikens: Is that a co-operative mill? I do not mind the Premier's trying to evade the question-that may be his pre­ Mr. ADAm: Yes. rogative to protect his Government. Grievances [28 MARCH] Grievances 2601

Mr. SPEAKER: Order! The hon. member accepted the responsibility of paying the is out of order. growers, and therefore the growers were quite willing that the fruit should be dumped. Mr. GRAHAM: When I posed the ques­ The Government was not at all concerned tion to the Premier and asked him whether or about how this fruit could have been used, not it was correct that vast tonnages of edible nor was it concerned about introducing a fruit had been destroyed, he denied it. Yet scheme of organised marketing whereby a in the Mackay "Daily Mercury" of 29 repetition of this sort of thing could be February I read that Mr. G. Clayton, presi­ avoided. The Government stands indicted dent of the Y eppoon District Fruitgrowers' when such things happen. Bananas and pine­ Association, had said that 150 tons of pine­ apples were involved and both the metro­ apples had been destroyed at Y eppoon. If politan and the provincial Press carried that is not a considerable tonnage I should similar articles. like to know what is. What will happen if the Government allows The Premier replied to my question, "It this practice to continue? The Government is not correct that vast tonnages of edible has a responsibility to look after not only one fruit were destroyed." I say it is correct. section of the community, but all the people I challenge the Premier's refutation of my of Queensland. What would it have cost the statement. The newspaper article that I Government to distribute this fruit? What mentioned indicated that not only were 150 would it have cost to send it to the northern tons destroyed at Yeppoon but that the and western parts of the State, where pine­ Committee of Direction of Fruit Marketing apples and bananas are in extremely short was also bulldozing 20 tons a week near the supply? The Government could have sent Rocklea markets. If that was done for two the fruit to the mission stations and the or three weeks I assert that vast tonnages hospitals in the far-flung areas of the State. were destroyed. Therefore the Premier's Certain service organisations would have denial is not correct, and I challenge him on undertaken the work willingly in co-operation the point. with the Government, but the Government closed its eyes, indicating that it was not con­ Apart from the fact that the Government cerned. If fruit must be dumped, let it be had no organisation to dispose of this fruit dumped; but let those who are hungry have and had no interest in so doing, there were access to it. organisations that were prepared to accept I protest personally, and on behalf of the responsibility for its distribution. There were people of Queensland who felt that the many service organisations, such as J aycees, Government was entirely wrong in not accept­ Apex and Lions, particularly in Rock­ ing some responsibility in this matter. We hampton, who, I know, made approaches to believe that fruit-growers and other primary the C.O.D. to allow them to distribute this producers should be protected, and that it is fruit. They were given permission to remove the Government's obligation to protect them. a certain amount of it, but within a very If the Government has not the necessary short time that permission was withdrawn. legislation to afford protection to primary Because it was feared that the public of producers in such circumstances, it has a Rockhampton and Y eppoon would help responsibility to implement such legislation. themselves to the fruit, it was necessary for The growers undertake to grow fruit, but the C.O.D. or somebody else to place a because of a lack of canning facilities, a lack police guard on the dump at Y eppoon. of distribution facilities, and a lack of con­ I said in my letter to the Minister that cern by the Government, gluts occur. the ban on the removal of the fruit was (Time expired.) imposed merely to bolster prices. If not, why was it imposed? Why were service Mr. AIKENS: Mr. Speaker-­ organisations in Rockhampton, Brisbane and Mr. NEWTON: Mr. Speaker-- elsewhere not given the right to distribute the fruit to charitable institutions, such as Mr. SPEAKER: Order! I should like to children's homes and hospitals, and to explain to the hon. member for Townsville pensioners? South that I give preference in the call to hon. members who have not spoken in Why was this prohibition imposed? Was previous Grievance debates. it because t,':Je Government was not at all interested and did not care whether two tons Mr. AIKENS: I am quite happy about that. or 2,000 tons of fruit was destroyed? The Government was quite willing to let the VALUATIONS IN BRISBANE BY VALUER­ C.O.D. handle the marketing of fruit and GENERAL'S DEPARTMENT adopt certain practices to protect the primary producers. I point out that I am not at all Mr. NEWTON (Belmont) (12.19 p.m.): My opposed to the inten~»ts of primary producers grievance concerns the valuations being -far from it. However, the Government was applied by the Valuer-General's Department extremely sectiee asked the Government to ao some­ drained before they could be built on. Yet thing about introducing a formula for the they are valued by the department at $2,000 determination of land values. and higher. Yesterday the Minister, on behalf ?f t~e It is true that every person has the right Government, replied to. a similar questiOn m to appeal against his valuation. But it is a a similar way. He smd- tiresome task and no doubt the same practice "I am satisfied that, generally speaking. will be adopted on this occasion. First of the applied unimproved values adopted .by all the person must lodge notice of objection, the Valuer-General for rating and taxmg indicating whether he desires to appear. In purposes are based on a careful and reason­ most instances receipt of the notice is able analysis of the real estate market acknowledged and a decision is given. Most and, consequently, it is not proposed to of those who occupy this land are not in a lay down a new formula. All owners are good enough financial position to appeal from protected by the right o~ obje~tion 3;nd that decision to a higher tribnnal. appeal against any valuatiOn w1th whtch Grievances (28 MARCH] Grievances 2603

they may be dissatisfied. The legislation Mr. SPEAKER: Order! I thank the hon. does not permit the Valuer-General to member for Kedron for taking that point of apply values above or below the market order. I do not intend to allow this Grie­ according to ownership. There are, how­ vance debate to develop into a general free­ ever, certain rating concessions which may for-all; but I do think that any one member be granted to owners, including pensioners, is entitled to answer another member, by local authorities and Brisbane City irrespective of the side of the House on Council under The Local Government Act which he sits, if he holds a different opinion. and The City of Brisbane Act." I cannot allow a Grievance debate to develop into a general debate on one particular item. Again a Minister stated in the House that I appeal to the hon. member for Mt. Coot-tha there was no need for a formula, because to make his reference short, if he wishes to the people are protected by legislation. Again reply to the hon. member for Belmont, and the Government is passing the buck and then go on to any grievance that he wishes s~ying, "The local authority has power to to raise. give people concessions". Mr. LICKISS: I rise to correct the grossly Mr. Richter: Read the Hardie Report. incorrect statement that has been made by the hon. member for Belmont. Mr. NE\-VTON: We have already spoken The role of the Valuer-General's Depart­ about that. ment should be defined clearly. That depart­ (Time expired.) ment is composed of competent professional men who are operating under legis­ ~r. LICKISS (Mt. Coot-tha) (12.29 p.m.): lature nrov1srons containing definitions I n~e to challeng_e the hon. member who laid down in this place. The matters raised has JUst resumed his seat on his rather vicious relative to the impact of valuations on the attack on the Valuer-General of this State community come within the ambit of the As another State election approaches, I hop~ Local Government Act. Under that Act, ~here 1s to be no more instilling of fear the responsibility for levying rates in mt~ the community by members of the Aus­ such a way as to reduce the impact of tralian Labour Party. This has been the rating on increased valuations rests entirely pattern of their policy in the past. with the local authority. That is the sole prerogative of the local authority. The The Valuer-General's Department can purpose of frequent revaluations, which clearly be defi~ed as a servicing department, I believe is most desirable, is to a~d 1t compnses competent and efficient preserve the equity between owner and value~s who. operate under legislation passed owner throughout the community, and by th1s Pa~h~ment. At present those valuers anyone who says that this is not desirable are ~e.termmi~g valuations in accordance with has no sense of fair play. As I said, any provisi~:ms la1? down ~Y the Labour Party relief for the community is given under the ":hen rt was m office m this State. I must provisions of the Local Government Act. An grve the 9ov~rnment its due. It has afforded aggrieved person who believes that his valua­ some. rehef m ~he past in breaking down tion is excessively high has a number the Impact of Increased valuations. I do of recourses open to him. Firstly, he can not necessanly agree with the method 't have a conference with the Valuer-General; adopted at that time, but it was an expedie~t secondly, if he is still not satisfied, he can that affo:ded some relief. Indeed, it is to approach the Land Court on appeal. the credit of the Government that it ~et l}P th~ H~rdie Committee to make a thorough I sincerely hope that, in discussing the mvestigatwn of all fields of valuation. To question of valuations, hon. members will my knowl~~ge, not one hon. member on look at the legislation. I deplore an hon. the Opposltwn be?ches, including the hon. member's singling out the Valuer-General's men:ber who has Just resumed his seat had Department for a bitter political attack when th~ mtest~nal fortitude to stand up and give such an attack is completely unjustified. The evidence oefore a competent tribunal. department is a professional body composed of topline and sincere public servants who Mr. NEWTON: I rise to a point of order. are executing an important task for the com­ On . numerous occasions during the last munity. It is a servicing department, pro­ sesswn I spoke on the Hardie Report and viding information in accordance with the asked the Government to do something law. The purpose for which that informa­ about it. tion is used in relation to the economy and administration of the State and for specific Mr. LICKISS: Let me say that I do not governmental purposes is dealt with in other accept the point of order. I said that the legislation. hon. member did not have the intestinal I suggest, Mr. Speaker, that one should fortitude to stand up before the com­ get one's facts straight before making an mittee-- attack on a department and ensure that no injustice is done to the department. I believe ~r. LLOYD: I rise to a point of order. that a grave injustice has been done in this Is rt the right of an hon. member other than case, and I hope that any other hon. member the Minister concerned to debate a grievance who discusses the question of valuations will that has already been raised? at least have the decency to get his facts 2604 Grievances [ASSEMBLY] Grievances

straight before endeavouring to impart his This means that the company can go on for knowledge to the general public. We must another five years, if it is to be given the full ensure that there is not again the fear cam­ benefit of the provision of seven years, in paign that has been apparent in previous which to a great extent it is free to be lax in elections in relation to the operation of the Valuer-General's Department. its control of these industrial gases, which are creating such a nuisance in the area. Mr. NEWTON: I rise to a point of order. The hon. member for Mt. Coot-tha has I do not think that is good enough. I will accused me of not having my facts straight. grant that this industry has come into a Let me say to the hon. member that the cases residential area under the provisions of the that were put before me were those that I zoning of that area, but people who reside used in this Chamber this morning. there-many of them have lived there for many years-must be protected from such AIR PoLLUTION IN PINKENBA AREA happenings. It may be said that they could sell out and get out of the area if they are Mr. MELLOY (Nudgee) (12.36 p.m.): On not happy about it. But can they? Because behalf of the people of Pinkenba, I wish to of the existing conditions the values of their express some views on the continuing and properties are so severely depressed that they increasing air pollution that is occurring in could not sell out at a price to provide them­ that area. I appreciate, of course, that in any selves with accommodation of the same stan­ industrial development there must be some dard in another area. They are not residing interference with the conditions that pre­ in an industrial area nor can they secure a viously existed in the area, but I feel that high enough price for ,their properties to every effort should be made to contain any enable them to purchase homes of equal nuisance that results from the establishment standard elsewhere. of an industry. I refer in particular to the operations of People in the Pinkenba area now have an the A.C.F. & Shirleys Fertilizers Ltd. plant added threat from Gibson Island when the at Pinkenba, which continues to cause con­ prevailing wind carries fumes and gases across siderable concern and distress to the residents the river. I know that the areas of Manly of that area. They are continually disturbed and Wynnum are also affected, but at the by the outflow of various gases and smells moment I am concerned about Pinkenba. from the fertiliser plant, and, despite protests A Director of Air Pollution Control was by me and by the local progress association, appointed two or three years ago. Apparently apparently no action is being taken to con­ his work has been hamstrung by the failure tain this nuisance. of the Government to provide him with Every time an outflow occurs, or there is sufficient staff. It is my information that he an accident in the plant, some technical has become a bit "browned off" about it. He excuse is forthcoming, but action never seems will be making a trip overseas this year and to be taken to prevent a repetition of the the rumour is that it is highly probable that nuisance. Surely the people who establish he will not come back to Brisbane. In that these industries are sufficiently experienced event the appointment of another officer will to be able to guard against this frequent be necessary. In turn, he will take some time repetition of air pollution in the area. About to familiarise himself with the industrial areas 10 days ago there was a rather severe outflow of this city and the conditions that prevail in of fumes and gases from this plant which adjacent areas. Consequently air pollution caused considerable distress to residents in control will be set back a further two or three the area. They contacted me and also the years. Director of Air Pollution Control, Mr. Gilpin, who apparently investigated the com­ Although the Director has been appointed plaint, and the reason subsequently advanced for two or three years, with very little was disclosed in the answer to a question that evidence of results for his work, he is now I directed to the Minister on this matter. He going overseas, as the Minister has stated, to said- acquaint himself with the latest developments "The Director of Air Pollution Control in this new science and its application to our has ascertained that the incident in question local problems. I cannot see the sense of that. was due to difficult 'start up' conditions That man has done very little work here; he after a period of inactivity." has had plenty of time to keep himself abreast of developments in the control of air I think it is time the Government looked into pollution. Why should he now find it the matter and impressed upon the company necessary to go overseas to acquaint himself the desirability and necessity for some very with developments in this science? close investigation of their methods of opera­ tron to ensure that there is no outflow of The Government must crack down on the gases every time there is a new start-up of problem of air pollution. It is a growing the plant. problem. There is increased industrialisation In his reply to me the Minister went on in every section of Brisbane, particularly in further to say- the area of the lower reaches of the Brisbane "Clean Air Regulations were gazetted on River. Considerable residential development 16/3/68. It should be noted that the is planned along the foreshores from the company has a period of seven (7) years mouth of the Brisbane River to Cabbage Tree from May 1965 to comply in full with the Creek. provisions of the Act and Regulations." (Time expired.) Grievances [28 MARCH] Grievances 2605

REPLACEMENT OF 'TRAFFIC SIGN, Brisbane. A little on the Ipswich side WoooARoo CREEK, GooDNA motorists are permitted to travel at 60 miles an hour. Mr. DONALD (Ipswich East) (12.45 p.m.): We know that much time, and enormous I put this proposition to hon. members: sums of money, have been spent in teaching Would any man who had the interests of people the necessity to exercise care to ensure pedestrians in mind ask that a speed of 60 safety on our roads. There can be no miles an hour be permitted on a two-lane objection to that, as it is sensible and highway? People living on the Brisbane necessary. I was therefore deeply concerned side of Woogaroo Creek--and there are with the answer to a question that I directed many of them-cross this bridge. There is yesterday to the Minister for Main Roads. no other way to get to the Goodna railway My question was couched in language that station or the Goodna business centre. dealt only with safety. It was not asked for Children attending the Goodna Convent and any purpose other than the safety of those the Goodna State School also use it twice who have to use the road in question. Perhaps it would be wise if I read the a day. question that I addressed to the Minister. It It is beyond my comprehension how any­ was in these terms- body could agree to the request to have this "Will he, in the interest of safety, have 60-mile-an-hour sign put where it is, saying the sixty-miles-per-hour sign which was that there is no danger, after the people of moved from the Brisbane side of the Goodna protested successfully, on a safety bridge over Woogaroo Creek, Goodna, to angle, to have it put on the Brisbane side of the Ipswich side of the creek, replaced in the bridge. I trust that in the interests of the lives of children who go to Sunday school, the position it previously occupied?" people who go to church, and teachers and It was only after a great deal of agitation pupils, some of whom are inl'ants, the sign and representations from various organisa­ will be shifted. tions and local people in Goodna, particularly It is beyond the comprehension of any people who use the road, that this sign was sensible human being with any feeling at all moved from the position it previously that we should ask anyone, regardless of age, occupied to the Brisbane side of the to cross over a two-lane bridge on which Woogaroo Creek bridge. The answer to my traffic is moving at 60 miles an hour-and it question was as follows:- is safe to assume that when people are "The 60-miles-per-hour sign on the allowed to drive at 60 miles an hour they will inbound (towards Brisbane) lane is drive faster than that. Travelling from correctly positioned on the Ipswich side Brisbane to Ipswich they will go over the of Woogaroo Creek bridge as there are no bridge and pass this sign at 60 miles an hour side roads or other obstructions requiring and, within a few seconds, will come to two any restriction of speed beyond this point roads, one leading from the north, and one on this inbound lane." from the south. Yet according to the informa­ 1 tion given to the Minister, which he related to The lviinister was very badly advised. A me-I am not blaming the Minister for it­ consideration of the locality will show, if it is not dangerous. I shall quote the words nothing else, a lamentable lack of know­ of the Minister again. He said- ledge on the part of those who made the decision. We must not overlook the fact " ... is correctly positioned on the Ipswich that those who were successful in their side of Woogaroo Creek bridge as there agitation to have it moved to the other are no side roads or other obstructions side o£ the bridge were almost in the same requiring any restriction of speed beyond position. They said that there were no side this point on this inbound lane." roads in the vicinity, but there are two roads Motor-cars, large trucks and other vehicles a little to the Ipswich side of the sign. can be driven there legally at 60 miles an hour, and I hope that, in the interests of the We all know that the average motorist­ safety of the children and people of that if not all motorists-who sees a sign village who must use the bridge, the sign indicating a change in speed from 35 miles will be put back into its original position an hour to 50 miles an hour (or any other speed over 35 miles an hour) commences to on the other side of the creek. accelerate before he gets to the sign saying I feel that I have the support of all thinking that it is permissible to drive at the higher people who care for safety-not those who speed. On the northern side of Goodna, a merely give lip service to safety-when I say road that is not easy to see passes under the that if the sign is placed on the Brisbane railway line and comes onto this thorough­ side of the Woogaroo Creek bridge an fare. On the other side of the highway there accident might be avoided. There may is also a road coming out from the develop­ possibly have been some justification for ing suburb of Goodna. On the Brisbane side putting a sign on the Ipswich side of the of Woogaroo Creek many new buildings are beginning of this section of the highway, but being erected. The bridge carries two lanes there can be no justification, particularly only, and it is now quite legal for a from the safety angle, for putting it where motorist to drive over it at 60 miles an hour, it is. whether he is going to Ipswich or coming to (Time expired.) 2606 Grievances [ASSEMBLY] Harbour Acts Amendment Bill

LACK OF HYGIENE IN SCHOOLS Its incidence among school-children is increas­ ing, and a condition of mass contagion Mr. LLOYD (Kedron) (12.55 p.m.): I refer results. to an article in today's "Courier-Mail" claim­ Unless the department is prepared to face ing that this year some 2,000 Queenslanders up to its obligations and spend the money will become the victims of infectious hepatitis, necessary to remove unhygienic conditions, I and ~hat 60 per cent. of them will be school­ do not know what will be the outcome. I children. During the past few years I have do not know whether any members have attacked the parsimonious attitude of the walked into school toilets immediately after Department of Education towards primary a lunch break. Any who have will be aware schools in this State, particularly relative to of the smell; of sandwiches spread all around the appointment of grounds officers, casual the place; and the conditions generally in cleaners and casual staff to enable school which infection can be spread. There is no grounds to be cleaned. This would relieve casual cleaning staff on duty because the head-teachers of the onerous duties they have department claims that no finance is available had from time to time of cleaning grounds, for this purpose. lavatories and toilets and all other necessary work which, in these enlightened times, This is a matter that affects the health of should be done by staff appointed for that future generations, and the Government must purpose. find the money that it needs. The conditions at Bribie Island, for instance, where there is The main aspect of this is the extreme no septic system although it has been danger in which young children are being requested for many years, and the use of pan put because, in the majority of State schools, toilets, which are still to be found in many particulaTly the large ones and those in the schools, should not be tolerated in the con­ Brisbane area, school-children are asked to ditions of so-called prosperity in which we clean up all the filth in the playgrounds after are supposed to be living now. lunch breaks. I do not care what happened in the days of Mr. Ramsden: Who put it there? Labour Governments; I am concerned with the Government's doing something to show Mr. LWYD: The children. But how can that it is conscious of the necessity to take children of six, seven, and eight years of age an active interest in hygiene at all schools. be disciplined into looking after themselves? If necessary, the Department of Education They must be looked after. should appoint health inspectors to visit Conditions at schools create a prime means schools and make recommendations on class­ of mass contagion. I have already said that rooms, grounds, and toilet facilities. 60 per cent. of 2,000 sufferers from this Mr. Aikens: If it came under "culture", it disease this year will be school-children. It would be all right. is a dangerous disease, particularly to young children, and can produce permanent organic Mr. I.LOYD: I am not concerned with damage. culture; I am concerned with hygiene. This Many people say that in our time, even up is an important matter for the Government to the Second World War, hygiene conditions to examine very closely, and additional money in schools were much worse than they are should be made available to overcome the now. That may be so, but in our time if we present unhygienic conditions in many had a "tummy ache" we had a dose of castor Queensland schools. It is a serious problem oil. Nobody worried about contagion or the and one which has grown over the years. The spread of something of which neither we nor medical profession now realises that many the medical profession knew anything. It complaints that years ago were treated lightly was, nevertheless, infectious hepatitis, which are in fact serious diseases. As the medical can cause permanent damage to the human profession has become aware of these matters, organs. so, too, should the Education Department become aware of them. Mr. Aikens: It is even worse than a wound between the shoulder-blades. Mr. DEPUTY SPEAKER (Mr. Hooper): Order! I shall now put the question. Mr. LI.OYD: Of course it is-much worse. It is more painful; I feel no pain at all. Question-That Grievances be noted­ agreed to. It is the responsibility of the department [Sitting suspended from 1 to 2.15 p.m.] and the Government to examine this matter from the point of view of hygiene. There are In accordance with Sessional Order, the State schools, particularly in Brisbane, with House proceeded with Government business. enrolmcnts of between 1,200 and 1,500 pupils, which have no casual staff for cleaning the grounds. This has to be done by the children HARBOURS ACTS AMENDMENT BILL themselves, and in many cases, both in Bris­ INITIATION bane and in country areas, there is no sewerage or septic system. Such conditions Hon. 1. C. A. PIZZEY (Isis-Premier), should not be allowed when infectious hepa­ for Hon. G. W. W. CHALK (Lockyer­ titis is with us, as it has been in recent years. Treasurer): I move- This year's outbreak will not be an isolated "That the House will, at its present instance of it; it appeared at about this time sitting, resolve itself into a Committee of the year last year and the year before that. of the Whole to consider introducing a Main Raads Acts, &c., Bill [28 MARCH] Emerald Irrigation Project 2607

Bill to amend the Harbours Acts, 1955 INEBRIATES INSTITUTIONS ACT to 1966, in certain particulars and for AMENDMENT BILL other purposes." THIRD READING Motion agreed to. Bill, on motion of Mr. Tooth, read a third time. STAMP ACTS AMENDMENT BILL INITIATION EMERALD IRRIGATION PROJECT Hon. J. C. A. PIZZEY (Isis-Premier), APPROVAL OF UNDERTAKING for Hon. G. W. W. CHALK (Lockyer­ Treasurer): I move- Hon. H. RICHTER (Somerset-Minister "That the House will, at its present for Local Government and Conservation) sitting, resolve itself into a Committee (2.18 p.m.): I move- of the Whole to consider introducing a "That the House approves of the estab­ Bill to amend the Stamp Acts, 1894 to lishment of the Emerald Irrigation Under­ 1966, in certain particulars." taking involving the construction of Maraboon Dam on the Nogoa River, Motion agreed to. the establishment and opening for settle­ ment of up to 130 farms, and irrigation, LAW REFORM (HUSBAND AND WIFE) drainage, road and ancillary works to serve the irrigation area at an estimated cost BILL of $26.7 millions, and the constitution INITIATION of the Emerald Irrigation Area as recom­ mended by the Commissioner of Irrigation Hon. H. RICHTER (Somerset-Minister and Water Supply and the Director-General for Local Government and Conservation), of Primary Industries, as set out on page for Hon. P. R. DELAMOTHE (Bowen­ five of their joint report on the Emerald Minister for Justice): I move- Irrigation Project." "That the House will, at its present It gives me much pleasure to bring before sitting, resolve itself into a Committee of the House the proposal to establish the the Whole to consider introducing a Bill Emerald irrigation undertaking, >vhich, as to amend the law with respect to civil hon. members are aware, has been accepted proceedings between husband and wife." by the Commonwealth Government as being Motion agreed to. a most desirable project and for which it is prepared to provide up to $20,000,000, TRUSTEE COMPANIES BILL in the form of a non-repayable grant, for the construction of Maraboon Dam, orovided INITIATION the State agrees to provide funds -for the construction of the irrigation and other Hon. H. RICHTER (Somerset-Minister for Local Government and Conservation), for ancillary works. Hon. P. R. DELAMOTHE (Bowen-Minister Together with the recently approved exten­ for Justice): I move- sion to the St. George irrigation project, "That the House will, at its present this scheme is another important step in the sitting, resolve itself into a Committee Government's efforts to mitigate the effects of the Whole to consider introducing a of drought in this State, while at the same Bill to amend the Queensland Trustees, time achieving a significant advance in the Limited, Acts, 1888 to 1963, and the Union decentralisation of population and increasing Trustee Company of Australia, Limited, production in areas inland from the coast. Acts, 1890 to 1963, each in certain The Commonwealth Government's decision particulars." to make available a grant for the construction Motion agreed to. of Maraboon Dam was taken after very con­ siderable studies of the economic aspects of the scheme, from which it concluded that MAIN ROADS ACTS AMENDMENT BILL with its possible range of crops, including INITIATION sorghum, wheat, cotton and lucerne, it is sufficiently attractive for it to be included Hon. H. RICHTER (Somerset-Minister in the national water resources development for Local Government and Conservation), programme. Its action in making available for Hon. R. E. CAMM (Whitsunday­ financial assistance for the construction of Minister for Mines, Main Roads and Elec­ the dam will ensure the continuity of the tricity): I move- programme of construction of small dams which the State Government has actively "That the House will, at its present followed over the past 10 years. This pro­ sitting, resolve itself into a Committee gramme, aimed at bringing water to existing of the Whole to consider introducing a settled areas, wiil thus be maintained in the Bill to amend the Main Roads Acts, 1920 years to come, while at the same time per­ to 1965, in certain particulars." mitting simultaneous construction of this Motion agreed to. larger scheme of new development. 2608 m Emerald Irrigation Project [ASSEMBLY] Emerald Irrigation Project

We are grateful to the Commonwealth for I should also like to make reference to the establishing this further partnership in active support given to this scheme by local development of our vast natural resources. organisations, particularly the Emerald Shire The extent to which the Emerald proposals Council and the Rockhampton and District fit into the Government's aim of drought Research and Promotion Bureau, which have mitigation will be evident from the fact that actively campaigned for the establishment of the proposed scheme will permit the irrigation irrigation development in the Emerald area of some 40,000 to 50,000 acres of country, over a long period of years. or approximately twice the area presently The main objectives of the scheme can be irrigated within the Lockyer Valley. summarised as follows:- This area will be located in the centre of a (a) to improve over-all growth; large grazing area astride established rail and (b) to increase and stabilise rural pro­ road communications serving the centml, far­ western and north-western divisions of the duction in the Emerald area; State. Furthermore, the area to be irrigated (c) to provide fodder for supplementary will be virtually double the 23,000 acres feeding of stock and drought mitigation; presently irrigated in the whole central region. and The Emerald scheme requires to be estab­ (d) to increase population and business lished under the provisions of the Irrigation activity in the Emerald and Central Queens­ Acts because it involves the construction not land area generally. only of works to store water but also of works As indicated in the report, it is paradoxical to convey such water from the storage to the that the attractive area of Central Queensland, irrigation area, in which land currently held containing approximately one-third of the will be resumed and resubdivided into appro­ State, should have been developed at a much priate-size farms for irrigated production, the slower rate than the balance of the State in apportionment of water rights to the the 20-year period following the war. Par­ individual irrigation farms, and the delivery ticular reference must be made to the fact of water to the farm boundaries so that it can that this region contained only 22,600 acres be applied to land by gravity without pump­ of irrigated land, compared with some 309,950 ing by the individual landholders. 11!cres in the northern and southern regions of The Irrigation Acts provide that, when an the State. If the area is to provide its own irrigation scheme is to be established, the facilities for drought mitigation, it is essential proposed scheme must be submitted to the that a very significant expansion of irrigation Legislative Assembly for approval by should be undertaken. resolution of the Assembly. It also requires that full details of the proposals shall be Mineral developments in recent years have provided in the form of a report prepared by somewhat ·altered the picture in the region, the Commissioner of Irrigation which will but it is apparent that greater stability in the contain the required particulars set out in field of rural production is required. The section 7(3) of the Irrigation Acts. brigalow scheme and the proposed Emerald A joint report incorporating the informa­ irrigation project will do much towards this. tion required under the Acts has been pre­ Details of the proposed scheme as required pared by the Department of Primary Indus­ under the Irrigation Acts are set out in the tries and the Irrigation and Water Supply summary and recommendations on pages 1 Commission, and was tabled in the House on to 5 of the joint report and in the figures 19 March. This report contains signifi­ attached thereto. The required details are cantly more detail than is required under the outlined briefly as follows. provisions of the Act, and does in fact pro­ The boundaries and extent of lands pro­ vide a complete assessment of the engineer­ posed to be included in the proposed Emerald ing, agricultural and economic aspects of the irrigation area are set out in Figure 2 proposal. attached to the report. I again draw attention to the thorough investigation undertaken by the two depart­ The works involved are also indicated in ments as the basis for this report, and would Figure 2 and comprise: Maraboon Dam, on express my appreciation of the co-operation the Nogoa River some 12 miles upstream of of my colleague the Minister for Primary Emerald, with a height from stream bed to Industries and the staff of his department spillway crest of 148 feet and a storage with the Irrigation and Water Supply Com­ capacity of 1,170,000 acre-feet, which will mission and myself. Once again this inter­ provide a normal annual supply of 120,000 departmental co-operation and the joint plan­ acre-feet of water. ning of this project by engineers, agricul­ Channel works to convey water for turalists and economists has been at a very irrigation to land on the left bank of the high level, and has, I believe, resulted in the Nogoa River between the dam and Retreat formulation of proposals which will ensure Creek (west of Emerald) and along the right the success of .the scheme and of the land­ bank of the Nogoa River for a distance of holders to be settled in ·the area. some 35 miles downstream to between Winton In addition, of course, the proposals have Creek and Corkscrew Creek. Supply to these been closely scrutinised by experts in the works would be by gravity from the dam Commonwealth Department of National except- Development, Bureau of Agricultural (a) To lands on the left bank when the Economics and C.S.I.R.O. reservoir level falls more than 10 feet Emerald Irrigation Project [28 MARCH] Emerald Irrigation Project 2609

below the spillway crest, when the supply operation and maintenance in an average to the left bank area would be required to year. As indicated earlier, the capital cost be pumped into the channel system; and of Maraboon Dam will be met by the Com­ (b) To an area of some 9,500 acres on monwealth Government by way of a non­ the left bank, to which supply would reimbursable grant from the National Water require ·to be pumped to a height of 50 feet Resources Development Programme. above the main channel line. Resumption and resubdivision of lands in the The capital cost of the remaining works area into some 130 £arms would be under­ will be met by annual appropriations as deter­ taken. Each farm would contain not less mined by Parliament from Loan Funds to than 450 acres of land suitable for irrigation. the Construction Trust Fund of the Irrigation and an annual supply of 600 acre-feet of and Water Supply Commission. Interest and water per farm would be available. This sinking fund charges on the latter would be quantity of water would be sufficient to met from Consolidated Revenue and any irrigate from 360 to 400 acres of each farm according to the crops grown. surplus revenue over the operation, mainten­ ance and management costs would be paid Necessary surface drainage and road works lo the Consolidated Revenue Fund and throughout t.he irrigation area would also be provide a contribution towards interest and undertaken. Sinking Fund charges. Based on costs as at 1 July, 1966, the estimated capital cost of the project is as Subject to appropriations by the Common­ follows:- wealth Government and this Parliament of the necessary funds, the scheme could be Maraboon Dam (including constructed in a total of nine years, with the resumptions and ancillary construction of Maraboon Dam itself to be works) $18,700,000 completed in five years and the construction Irrigation, drainage, road and of the reticulation works, drainage, etc., to other works (including be spread over a period of seven years. land resnmptions) $8,000,000 Maraboon Dam will normally make avail­ $26,700,000 able 120,000 acre-feet of water per annum at the dam, sufficient to provide some 78,000 Annual costs of operation and maintenance acre-feet annually at the farm boundaries. wiii vat-y with annual use and the extent to Water will be allocated to farms in the irriga­ which pumping is required each year to tion area on the basis of an annual water supply water into the left bank channel right of I acre-foot per acre of irrigable land, system at the dam. plus supply in excess of water rights equiv­ alent to 33:1- per cent. of such right if In Table XV of the report, estimates of required by irrigators. On this basis each annual oasts are set out for conditions as farm would receive a total allocation of some follows:- 600 acre-feet a year. (a) A year in which no pumping is required at ·the dam to supply water to the Water allocated as a water right to any low-level channel on the left bank; farm is required to be paid for annually, whether used or not, as this quantity is (b) A year in which the full require­ specifically reserved for the individual farm. ments of the farms on the left bank have Supply in excess of water rights up to the to be pumped against maximum head; and allowable 33t per cent. would be paid for (c) The long-term average conditions of as and when used. The supply available at pumping. farms has been assessed by determining con­ The estimated annual costs for these three ditions that would have occurred had the conditions are summarised as follows:- storage been built and the irrigation area fully (a) No pum~ing-$150,700; developed over the period 1919 to 1967. This (b) Maximum pumping-$195,000; study has shown that the annual supply of (c) Average year-$160,000. 120,000 acre-feet at the storage would have been available in all except 1! years of the Revenue from the scheme will be derived 48 years of the study. from water and drainage charges and rental of land within the irrigation area. The records also show that for a continu­ Proposed charges are as follows:- ous period of 22 consecutive years--from Water delivered to farms in the irrigation 1928 to 1949-the inflows into the storage, area-$3.50 per acre-foot for water sup­ after allowance for withdrawal of the annual plied as water rights and in excess of water supply for farms and evaporation and other rights; losses, would have been such that throughout this period the dam would not have over­ Annual drainage charges on farms in the flowed. Because of this, provision will need irrigation area-35c per acre; and to be made for water for the town of Emerald Annual land rentals on farms in the and for other riparian landholders down­ irrigation area-75c per acre. stream to the junction of the Nogoa River The estimated average annual direct revenue with Theresa Creek to be released through from these charges with the scheme at full the dam. It is estimated that some 1,000 development is $332,700 or some $172,000 acre-feet a year would be needed for these in excess of the estimated annual costs of purposes. 84 2610 Emerald Irrigation Project [ASSEMBLY] Emerald Irrigation Project

No special provision is made in the con­ best combination of yield and quality in struction of Maraboon Dam for flood mitiga­ Queensland. Incidentally, he is a jolly good tion benefits along the Nogoa River down­ farmer. stream of the dam. However, calculations The second farm, which went into pro­ have shown that because of the large tempor­ duction a year later, produced 924 lb. of raw ary storage available above the spillway crest cotton per acre in its first year of establish­ level, even with the storage filled, the peak ment. Each of these production levels com­ discharge rates of all floods recorded to date pares very favourably with other cotton­ over the spillway will be reduced significantly producing areas of the State. by the existence of the dam. It is estimated that the maximum recorded flood in the Commercial irrigated lucerne production Nogoa River at Emerald of 153,000 cusecs has been established on two other farms in late November, 1950, would be reduced in the area for several years. in outflow if the dam is in existence to some Actual farm size to be provided will vary 86,000 cusecs, with a consequent lowering of slightly from farm to farm according to the flood level around the town of Emerald itself topography and availability of soils suitable of about 5 feet 8 inches. for irrigation. Economic studies undertaken However, it is stressed that the flood by the Department of Primary Industries mitigation benefits of the storage will apply show that a farm containing 450 acres of only when the major contributor to the soil suitable for irrigation and water supply flood is the Nogoa River itself. The 1916 of 600 acre-feet per year will provide an flood in Theresa Creek, which claimed the attractive profit margin for a number of lives of 61 persons in Clermont, created alternative enterprises. severe flooding problems in the Town of Larger farm sizes and water allocations Emerald and similar major floods in this would reduce the number of farms and hence creek in the future would not be affected opportunities for new settlers. by the construction of Maraboon Dam. It is proposed that existing landholders The report proposes that the Commissioner within the irrigation area from whom land should exercise control over the Nogoa River would be resumed would be permitted to and its tributaries upstream of Maraboon retain one irrigated farm with the area and Dam for the purposes of supply to the water allocation previously indicated. proposed irrigation area. All new farms to be established would Implementation of the scheme will enable be opened under the provisions of the Land an area of some 32,500 to 49,000 acres Acts and Irrigation Areas (Land Settlement) to be irrigated annually on the farms accord­ Acts of 1962 to provide a permanent tenure, ing to crops grown. Landholders will of either perpetual lease or agricultural farm course have complete freedom of choice in (freeholding in 30 years). selecting the enterprise they adopt. Consideration will also be given to the Development of the scheme will involve possibility of opening farms under a develop­ the resumption of up to 167,900 acres of ment purchase lease arrangement similar to land in the area, of which some 80,000 those given under the Brigalow Land Devel­ acres would be land inundated by the opment Act. This, however, would require reservoir behind Maraboon Dam. The some amendment to the Irrigation Areas remainder will be in the area to be resub­ (Land Settlement) Acts. divided and developed for irrigation farms. The early years of development of any Details of the tenure of these existing hold­ holding are the most difficult ones, and it is ings are set out in the report. particularly beneficial to both the settler and the Government if a high rate of early The suitability of the soils in the area development and production can be achieved. to be developed for irrigation has been well Clearing and grading of land are largely illustrated by the results obtained from the engineering tasks and can generally be two pilot farms established by the Irriga­ carried out more economically on a large­ tion and Water Supply Commission in the scale basis than by individual effort. To Emerald area in 1965 and 1966. In the achieve the objective of a high early rate of first three seasons since the farms were development, consideration will be given at established successful crops of cotton, wheat. the appropriate time to the desirability of sorghum and maize have been produced minimum pre-development of the individual on both farms, and successful production farms prior to allotment. The extent of such of lucerne and temperate species pastures pre-development on each farm is expected has been achieved on the first of the two to be clearing, windrowing and burning o.n farms established. an area of 400 acres, and 250 acres of this The general suitability of the Emerald to be ripped, graded and prepared for irriga­ area for production of cotton has been clearly tion, including the provision of irrigation confirmed in the results to date, when yields ditches, drains and the necessary irrigation of 888 r1nd 1,242 lb. of raw cotton were structures. The cost of this pre-development obtained from one farm in its first two years would, of course, have to be met by the of production. The latter yield resulted incoming settler. in the award by the Cotton Marketing The economics of the Emerald scheme, in Board to the farm manager, Mr. G. Titmarsh, respect of both individual farms and the cf ··cc;:cr. Crowcr of the Year" for the project as a whole, have probably been Emerald Irrigation Project [28 MARCH] Emerald Irrigation Project 2611 subject to more and closer scrutiny than has after development of the area. This varies any other irrigation undertaking yet estab­ from $5,370,000 for all farms using the lished in Australia. I think hon. members pasture/beef enterprise to $7,350,000 for all will agree with that. This scrutiny has been farms with lucerne/ grain production. Farmers at both State and Commonwealth levels. At will be free to select their own production, the farm level, detailed studies by the so no doubt the actual figure will lie some­ Department of Primary Industries have been where between these two. These values are made of some 13 alternative enterprises equal to 22.9 per cent. and 31.3 per cent., involving two or more of the types of respectively, of the capital cost not serviced production considered suitable for the area. by surplus direct revenue from the scheme. The results of four of these have been set These compare with a value of 16 per cent. out in Table XXI in the report. These show for the first stage of Leslie Dam, 20.7 per for each case a most attractive return in cent. for Wuruma Dam on the Upper Burnett respect of cost of development and operating catchment, 14.2 to 29.8 per cent. for St. costs. It is important to appreciate that for George, and 46 per cent. for the Lower cotton the price used was the return to the Lockyer scheme. grower for cotton sold on the export market The increased gross value of production without any subsidy. I think that that put from farms in the Emerald area would be the study on very sound ground. equal to the unserviced capital cost in less It is clear from these studies that settlers than five years, whatever enterprise is \\ill have a range of enterprises available adopted. This comparison alone would be which would most certainly provide them ample to justify the development of the with a wide flexibility of possible production scheme. However, there are other benefits to allow change to meet alterations in future that I will deal with later which add materi­ market and price situations. This degree of ally to the attractiveness of the Emerald pro­ flexibility would be enjoyed by few, if any, ject. other irrigation areas in Australia, and should Other methods have been set out in the be such as to avoid the need for special report to further examine the over-all Government support on either prices or pro­ economics of the project, including the duction. It is most important that the lucerne/grain enterprise provides the best benefit/cost ratio favoured by the Common­ return to the irrigator, while at the same wealth Treasury and the actual occurrence of time providing an output which could be costs to Governments and benefits totalled of the greatest help to the grazing industry in over 100 years. In each of these cases the Central and Far West Queensland in providing analysis indicates that the scheme is a very drought and supplementary fodder. Clearly favourable one for Government investment. economics of individual farms should be satisfactory. An interesting study also included in the report is an estimate of likely taxation Let us look now at the over-all economics collections. This indicates that at full develop­ of the project. Experience throughout ment the Commonwealth should receive from Australia, and in most overseas countries, has the farmers in the irrigation area alone some shown that it is not practicable to obtain $1,000,000 per annum in income tax. To this direct revenue from water and other charges can be added the annual surplus of $173,000 from irrigation projects sufficient to meet full from direct revenue over operation and main­ interest and redemption charges on the capital tenance costs collected by the State. The total cost of such schemes. Justification for of $1,173,000 would be equal to about 80 per Government expenditure on them must rely cent. of the annual interest and redemption on the benefits resulting from increased pro­ charges on the full capital cost of the scheme. duction on farms and the increased activity With improving yields and prices over the induced by this production in secondary and years, this figure should eventually exceed tertiary development. 100 per cent. of the capital cost. This factor For the Emerald scheme it is estimated alone would appear to amply justify the 1hat surplus direct revenue over operation Commonwealth Government's investment of and maintenance costs will amount to some $20,000,000 in the cost of the dam. $173,000 annually. This will provide interest None of the methods of evaluation pre­ and sinking-fund payments on a total of viously referred to takes into account benefits $3,150,000 out of the total capital cost of that would accrue from the provision of $26,700,000, leaving a balance of $23,550,000 drought and/or supplementary fodder to the to be justified by other benefits. Complete large grazing areas in Central and Far-West assessment of all benefits is not possible Queensland, which is one of the Government's owing to their being so widespread through­ principal objectives in this scheme. The out the economy. Various methods have Queensland Drought Mitigation Committee in been devised by different authorities and its 1966 report quotes drought incidence in countries to give an over-all assessment. this area as one year in three. In Queensland we have adopted the yard­ The Central Queensland region has 33 per stick of comparing the estimated annual cent. of the State's total sheep population and increased gross value of production resulting 34 per cent. of the State's total beef-cattle from the scheme with the capital cost not population. In the one year 1965-66, it is serviced by the direct annual revenue. Table estimated that the primary industries of the XXII in the report gives the estimated annual Central Queensland region suffered a loss of increased value of production from farms $27,000,000 because of drought, including the 2612 Emerald Irrigation Project [ASSEMBLY] Emerald Irrigation Project

loss of sheep and cattle worth about at_ between $400:000 and $730,~00. Clearly, $14,700,000. This one year's loss exceeds the this very great Impetus to busmess activitv capital cost of the whole scheme. in Central Queensland would trigger off othe·r The Drought Mitigation Committee drew substantial benefits in increased business and attention in its report to the importance of population growth. the Emerald scheme in drought mitigation There can be no doubt that this scheme and made the following observations:- to create up to 50,000 acres of irrigation i~ (i) The project area is situated in close this locality, will achieve the desired objec­ proximity to centres of pastoral activity. tives of obtaining increased over-all growth This will obviously reduce freight charaes of production and population, improved associated with distribution. "' stability of rural production from Central (ii) Sorghum and wheat are both accept­ Queensland and improved balance of develop­ ment in this region with North and South able for drought feeding of stock and both Queensland. c~n b~ stored efficiently in bulk-storage silos, If they can be produced at a price The Irrigation and Water Supply Commis­ competitive with dry-land production in sion has been proceeding with detailed surveys neighbouring districts. for the works and arrangements for prelim­ inary works, including access and power (iii) Oil cake and cotton-seed meal are supply to the site. The assistance of the favourable high-protein fodders with Snowy Mountains Hydro-electric Authoritv relatively small bulk for storage and can has been obtained to prepare detailed design·s be produced as a by-product from the for Maraboon Dan1 because the Irrigation cotton industry. Commission is already fully committed on (iv) The production of lucerne hay in ?ther works. Authority officers are already areas close to prospective purchasers should m the area and are also working on the s~imulate gr?wt~ of this type of enterprise, design at Cooma. either as a sidelme production or as a main enterprise, if long-term contracts at It is understood that legislation is also adequate prices can be arranged. There is being prepared for presentation to the Federal already a rapidly increasing demand for Parliament in its current session to confirm lucerne hay in Central Queensland. that Government's offer of funds for the dam. As indicated in the report, if all farms S~:~biect to approval of the scheme by this adopted a lucerne/ grain programme the Parliament, the tempo of work on the site scheme would provide fodder for 2,000 000 can be increased rapidly. We are planning sheep for a period of 200 days in any year. for the dam to be completed by 1971-72 and The stock would have a replacement value the irrigation works by about 1975-76. On of $18,000,000, or almost 68 per cent. of the this programme, the first irrigation farms cost of the irrigation project. would be opened in 1971-72. If all farms adopted the cotton/ grain I have no doubt that the creation of the programme, cotton seed and wheat would Emerald Irrigation project will be a most feed some 3 70,000 sheep annually for a important step forward for the whole State period of 200 days, such stock having a and particularly Central Queensland, and I replacement value of $3,300,000. am therefore pleased to commend the motion. The report also indicates that by ensuring effective weaning and survival of weaker Mr. HOUSTON (Bulimba-Leader of the in-calf breeders, supplementary feeding has Opposition) (2.55 p.m.): I think I can say at an important role in improving efficiency of the outset that the Opposition welcomes this beef-cattle production and in increasing store­ undertaking. For many years we have urged cattle turnoff required to meet increasing for such a scheme in this area. Last year demands for such stock. some of my colleagues and I visited the area. It is shown in the report that adoption of and after speaking to the local people and supplementary feeding in non-drought years inspecting the site we were certainly con­ could provide gains of $6,500,000 gross and vinced that the scheme was worth more $2,600,000 net to graziers adopting this prac­ detailed consideration. Therefore we are very tice. pleased to see it come before the House for approval. In the long term, it is considered that the Emerald scheme, because of its strategic The Minister need have no worries about location astride the central western railway, the Opposition's acceptances of the scheme. could become the stock-food bowl of the Naturally, there are certain comments we c~ntral western division of the State and pro­ should like to make, not only on this scheme VIde the means of substantially improving the but also on irrigation generally in Queensland. security of the grazing industry in that The point might arise whether this is the region. scheme that should have had priority. Some hon. members representing other areas mav . In add!ti~n to. benefits to the grazing mdustry, It IS estimated that landholders in believe that their areas should have equal the irrigation area would expend over consideration. I am sure that the expression $3,000,000 each year on the purchase of of that type of thought will be most welcome goods and services for their farm and to the Government for its future planning. domestic requirements. The net annual gain The Minister's introductory remarks were a to the State from increased rail freights on very fair precis of the report. I do not think ~mod~ into and out of the area is estimated he introduced any new matters. I am sure he Emerald Irrigation Project [28 MARCH) Emerald Irrigation Project 2613

will agree that two of the greatest problems Commonwealth do not simply go into Con­ that face Queensland are associated with solidated Revenue. It should be used to water. One is the effect of floods, with their develop other undertakings. I am not losing loss of life, loss of production, hold-up in sight of the fact that the $20,000,000 is commerce and damage to road and rail a free grant, but it stands to reason that, systems. The other problem is the effect of in the first place, the Commonwealth gets droughts, again causing loss of human life, the money from the States from income stock and production. I think it can be said taxation or other forms of taxation. with truth that the effects of drought are not If the Commonwealth established _a only felt in the immediate area of the national development commission-call 1t drought or at the immediate time of the what we may-as money was repaid an equal drought. Over the years we have seen many amount could be allocated from Federal country towns decrease in population. I feel funds to the major fund, and as the years that part of this has been the result of long went by that money could be re-used. The years of drought. People have felt that their Minister has had experience with housing incomes were not secure and consequently in this State and he knows that we use decided to leave for what they thought were money that is repaid to build more houses. greener pastures. Of course, this greatly inter­ If such a scheme had been instituted in this feres with the development of the State. respect some years ago, we would not have When we are considering undertakings such had to wait so long for the Commonwealth as thi~in fact, when we are considering to support a major scheme such as this. Now whether we should build dams anywhere at that the scheme is under way we can see ali-I do not think that we should be tied conclusively and positively the need for down too much by the economics of the such undertakings to overcome the effects scheme. Perhaps the Minister did not intend of both drought and flood. They must to convey this impression, but listening to him be an asset to the State's economy. Over he seemed to place great emphasis on the fact the years much has been said about the that this scheme was financially secure; in Snowy River scheme and the use to which other words, that the return would more than the Snowy Mountains Authority should be balance the outlay and redemption and put. Without traversing old ground, I trust interest c.'mrges. I think that is important but that its services will be retained. I do not think it is of major importance. Now is the time to consider our policy in In his closing remarks the Minister referred the letting of contracts for this project. I to about $27,000,000 worth of stock and pro­ trust that the terms of the contracts for duction losses being incurred in one year. I the various phases of the work will ensure think he said that the dam would repay its that Queensland workers and Queensland cost in one year. I think this is the vital materials have priority. issue. Mr. Richter: We are very conscious of Mr. Richter: In indirect benefits. that. Mr. HOUSTON: I think this is the major Mr. HOUSTON: I do not wish to decry benefit: such schemes would virtually not only the Gladstone scheme, but I am sure that save the stock and prevent the loss of pro­ the hon. member for Port Curtis will support duction but would allow the hidden develop­ me when I say that, because of the specialised ment which otherwise would be lost. I think nature of much of the work, it was carried these are the features that are of major out by interstate people. Many of the importance. We completely agree with that. local people did not have the experience to undertake the work. The development of Queensland with irrigation projects would be welcomed by the Mr. Richter: We have no control over Opposition at any time. In fact, the more of that sort of thing. them we build the better the Opposition likes it. Mr. HOUSTON: I am not decrying what happened. It was logical. However, there The Commonwealth Government has come was an influx of workers from the South. into this scheme with $20,000,000. Nobody In addition, many of the units for that is going to decry that assistance-it is very project were not manufactured in Queens­ welcome-but the Commonwealth is not land. Conditions are altogether different doing anything that it should not have done; with this project. We have many men in it is not entitled to any great praise for being Queensland with experience in dam con­ very generous. In comparing what Queens­ struction and the ancillary irrigation work. land has received from the Commonwealth road work, electricity work and so on. When for irrigation and other developmental the contracts are drawn up, I suggest that work with what New South Wales, certain preference clauses be inserted. When Victoria and Western Australia (for the Ord letting the contracts, preference should be scheme) ·have received directly, and South given to companies with a large Queensland Australia indirectly, we have not received as content. much as we should. I am hoping that this is but a star-t. Mr. Richter: We give that preference now. I suggest that at the next Premiers' Con­ Mr. HOUSTON: I know it is done with ference the Federal Government should be normal State works, but I suggest that it be urged to establish a national development carried into this type of venture. Recently commission and that moneys repaid to the there was a fight about Japanese pipes being 2614 Emerald Irrigation Project [ASSEMBLY] Emerald Irrigation Project used in preference to Australian pipes on of the main purposes of the scheme is the Moonie pipeline project. Probably to provide feed for cattle and sheep in other because Queensland pipes were not involved areas where water is not available to produce there was not a big enough noise from fodder. the people of Queensland. Much of this It is therefore necessary to consider this work could be done within our State. par­ undertaking not in terms of settlers going ticularly the supply of items that can be on the land and immediately showing good manufactured and supplied by Queensland financial returns but in terms of developing subcontractors. We must be careful to the area. In the interests of obtaining watch not only who gets the main con­ future finances, the Commonwealth Govern­ ment has to be shown that this scheme is tracts but also who gets the subcontracts. successful. I do not believe that merely We must ensure that the development in placing on the land settlers with money will ventures such as this fits in with the develop­ guarantee the success of the scheme. ment of the State as a whole. It is also noted that it will take some time I am concerned about the statement in before the area to be irrigated is under pro­ the report, reiterated by the Minister, that duction. I therefore do not want it to be $25,000 will be required for a settler to argued that it is necessary to obtain a quick go on to one of these farms. It is a financial return for the expenditure incurred. great pity that in the investigation of this I think it would be false book-keeping to project, and in agreeing that it should pro­ judge an irrigation project, which has the dual ceed, some way was not evolved to make purpose of preventing floods and providing finance available to many people who have water for irrigation, on the financial return not the required capital but who have the obtained from it and not on the saving of ability to succeed on one of these units. stock. We have established a rural training school. ~t J:resent many people are share-farming It has been my privilege to make those few m this area and have a good deal of practical remarks on this matter. As the Minister experience and plenty of will-they are knows-and as you, Mr. Deputy Speaker, good Queenslanders in every sense-but do know-I have not gone into the details of not have $25,000, and it may be difficult the scheme. As I said at the outset, my col­ for them to obtain such a large sum through leagues and I visited the area. We saw, and the normal lending institutions. Even at this we were convinced. Following me on this late stage-late in terms of the report but side of the House will be the hon. member not in terms of practical application-the for Barcoo, who is the representative of the Government should investigate-and if it does area concerned. He has done much over the it will no doubt find a way-the possibility years to advocate such a scheme, and he of providing financial assistance to applicants has a close knowledge of the hopes of the who have but one drawback. namely, lack people there and what the area promises in of finance. They must. of course, haYe the way of decentralisation and develop­ experience in this type of farming and the ment. I shall leave further remarks to him. spirit and fortitude to go ahead and make a success of it. Mr. WHARTON (Burnett) (3.13 p.m.): I am pleased to join in the debate on this It is completely wrong, in a country that very important topic, and support the pro­ is young in terms of development, to start posal. I am sure all members appreciate the off a project on which $26,000,000 of public details given by the Minister in explaining money will be spent just for the sake of the scheme, and realise the merit of its the financial return that will be gained various aspects. It was a very detailed report, by those who have money and little else. and hon. members would not want to be Even if we put a person with background wearied by a long oration from me on some­ experience and finance onto this land, there thing that was said only a few minutes ago. is nothing to say that within a few years, I commend not only the State but also tmder the Government's freeholding policy, the Federal Government upon bringing the that person will not sell to somebody else scheme to fruition. It will be of great impor­ who has plenty of money but no experience. tance to Queensland, and to the Common­ wealth. The dam will provide a water sup­ We make large sums of money available ply for a rather dry, but very important, to young people who arc going into homes, area in Central Queensland that is well out relative to the value of the home, and it in what might be called the back country, is up to the Government and the State and it is my hope that this may help to move to assist people who have everything but industries and people a little further from finance to take part in these developmental the areas immediately surrounding the capital schemes. 'We guarantee industries because city and those provincial cities which seem they are secondary industries, and I cannot to be progressing quite well under the present see why w;; cannot guarantee people who are working on the land. Although they are system. in primary industry, they are still producing It is pleasing to know that, at last, some for the State. They are still providing a recognition is being given to the needs of an commodity for home use and, in many cases, area of Central Queensland well away from for export. According to the report, one the areas that are continually under our Emerald Irrigation Project [28 MARCH] Emerald Irrigation Project 2615 notice and that appreciation is being shown weir wiil begin in April, and by next year of its value. It is significant that the Com­ there should be sufficient water to supply all monwealth Government has made available the irrigation areas along the stream. I $20,000,000 for the building of the dam. commend the Minister for the part that he Although it is something that Queensland has played in this field of endeavour, and deserves, we appreciate it. It should be particularly for bringing this scheme to remembered that the Commonwealth Gov­ fruition earlier than might have been ernment set aside $50,000,000 for develop­ expected. mental projects of this type throughout Aus­ The job of planning water storage is a tralia, and we should be grateful that so very big one and I commend the Commis­ much of it has come to Queensland. How­ sioner for his part and his organising ability ever, it should be remembered, too, that in helping the Minister and this Government Queensland has not previously received any to provide water for tho-se who need it. The major contributions from the Commonwealth cost per acre-foot will be $3.50, and I make Government for this purpose. the point that this is not a cheap cost to the Mr. Davies,: That is why you should change farmer. That is very important. It is the Commonwealth Government. easy enough to say, "If you are going to grow a crop by irrigation then you have Mr. WHARTON: I wish we could change to pay for the water."; but cost will limit the hon. member for Maryborough. the extent to which the water is used. Mr. DEPUTY SPEAKER (Mr. Hooper): This, too, has a bearing on the fortunes Order! of farmers along the Burnett River. The Mr. WHARTON: In addition to expending Kolan scheme also was submitted to the the grant of $20,000,000 by the Common­ Federal Government for consideration, and wealth Government, the State Government is the ca-se for a grant was supported naturally joining the partnership and will contribute with quite a wealth of detail. The Nogoa large sums of money over a period to make scheme was approved by the Federal Govern­ this irrigation scheme a reality. ment as the one to be blessed with a grant of $20,000,000, and we accept this decision. The Minister has given the House details The State Government has now made a of the dam, and I merely wish to make a further application to the Federal Govern­ few points relevant to it. I am interested ment for similar assistance-to the extent particularly in the variety of production of $10,000,000 or more, over a period­ envisaged because I think that is very impor­ for the Kolan scheme. Commonwealth money tant. There will be lucerne and grain, grain is still available within the quota of funds rattening of lambs, and pasture fattening of of the Water Resources Council and we beef, to mention only a few, and I believe that in Queensland are entitled to some of it. this diversity is one of the factors that have persuaded the Commonwealth Government to Mr. Davies: Don't you think this should be associated with the project. While pro­ have been adopted before the Nogoa scheme? duction and prices may rise and fall on the Mr. WHARTON: I know the hon. member tide of fortune, from season to season and would say so but we have the Nogoa scheme from year to year, the variety of production and we are gratef11l for the grant. J go along will bring some kind of stability to the area. with that scheme but I want expansion in the It will not be dependent for its success on only one crop. A variety of crops is needed number of schemes and in the extent because of the variation in quantities pro­ Commonwealth contribution to the State. In duced. the Kolan scheme we have one which will meet the requirements of the Water The dam will provide an annual yield of Resources Council and provide an easy and 120,000 acre-feet; the cost per acre-foot wiil direct way of diverting funds to Queensland. be $3.50, and it will serve 130 farmers. In my opinion, that is an important point. I Mr. W. D. Hewitt: Would you agree that am sure that hon. members realise that the the hon. member for Maryborough is all dam will cost $26,000,000 and will serve 130 wet? farmers. Without going into the details of Mr. WHARTON: I would not ~ay he was the economics of the project, I bring to all wet. the notice of hon. members that, although it may be economic, it is not brilliantly so. I Mr. DEPUTY SPEAKER (T\1r. Hooper) shall show later that there are other schemes Order! in the State that merit some consideration. Mr. WHARTON: To return to the Kolan The Government has shown an interest in scheme, it will cost about $20,000,000 and water conservation throughout the State, and will serve 590 farmers. I ask hon. members the J'viinister enumerated in his introductory to remember these figures because they show remarks quite a number of projects that have the difference between the two schemes. come to fruition since the Country-Liberal Four hundred of those farmers will receive Government has been in office. For example, surface water. The cost per farm will be the Wuruma Dam on the Nogoa River will about $10 per acre-foot, but here we have serve areas along the Burnett River down as a group of farmers tied to one industry, far as Bundaberg and Bingera. That is very namely, the very efficient sugar industry important to the electorate that I represent. which, although going through -some difficult It will serve citrus-growers, dairy-farmers, times at the moment, basically has a very cane-farmers, and others. The flow from the tight programme within itself, with farm 2616 Emerald Irrigation Project [ASSEMBLY] Emerald Irrigation Project

peaks, mill peaks and that kind of thing. Mr. O'DONNELL (Barcoo) (3.27 p.m.): Those are the matters I want to cite. Here It is very pleasing for me to take part in we have a group of people who have all this debate and, of course, to follow my the amenities and facilities which make for Leader in his expressions of appreciation and real community interest in this particular gratification that at last Queensland is break­ field of endeavour. And all they need is ing through on a major water conservation water. works. I do not feel that there could be any­ thing but a great deal of interest in the pro­ The Bundaberg region has six sugar mills, posed scheme. After many years of thought, and some 1590 growers with gross assigned at last we are seeing all our plans and hopes areas of 120,000 acres. It has annual mill coming to fruition. The report indicates that peaks of 341,500 tons of sugar, 16 per discussions on the project go back as far as cent. of the State's peak, valued at $29,574,000 on 1965 sugar prices. There 1949, and possibly earlier. Now, in the late are some 3,200 employees on farms and 1960's, we are seeing it become a reality. in sugar mills. It is to things of that kind It only goes to show how difficult it is at that I direct the attention of the hon. mem­ times to get an idea across to the powers ber for Maryborough, who was interjecting. that be and, of course, to have the finance There is a really good case for the scheme made available for a major project that is of which I am advancing. It is no good worry­ considerable importance to the people of this ing about what has happened. We are State. grateful for that, to both the Commissioner I should like to extend congratulations to and the Government, but we are looking the people who prepared the report on the forward, in the Kolan scheme, to a really Emerald irrigation project. I extend economic scheme, one that will serve many those congratulations, through Mr. Haigh people in the community surrounding Bunda­ and Dr. Harvey, for a very comprehensive berg as well as the city of Bundaberg itself. report. No doubt when the case was pre­ Mr. Davies: By inference you are reflecting sented to the Commonwealth Government it upon this scheme. was presented on lines exactly similar to those on which it has been presented to the Mr. WHARTON: Growth of irrigation in House today. Therefore it would have been the region from 18,000 acres in 1961 to a concrete argument that was very hard to 46,000 in 1966 illustrates growers' acceptance refute. In extending my congratulations, I of irrigation to achieve reliable and low-cost production. The benefit is shown by short­ must commend the industry of the officers falls in 1965 of only 13 to 27 per cent. of the Department of Primary Industries and in the largely irrigated Qunaba-Fairvmead the Irrigation and Water Supply Commission and Millaquin areas as against 83 per cent. who did all they possibly could, whether it in the virtually non-irrigated Isis area. was in the field or in the office, in the furtherance of this important cause. Mr. Davies: What has this got to do with the Nogoa scheme? We know Mr. Haigh very well, but perhaps we do not know many of his officer~ Mr. WHARTON: It has a lot to do with so well. We know Mr. Haigh's high status. it. We are talking about irrigation; we are It was only quite recently that I discussed the talking about Government finance. subject of engineers generally with engineers from the Snowy Mountains Authority. They Mr. Davies: This scheme is on the Nogoa. were very quick to agree with me .that Mr. ~Iaigh is an outstanding authority not only Mr. WHARTON: Fair enough. It is not m Queensland but in Australia. We are the only one in the State. ~ indeed fortunate to have a man with such In 1964 in the Gin Gin area, 39 growers qualities, ability and dedication in our service. with irrigation, out of a total of 209, pro­ The same sentiments apply to Dr. Harvey. duced 39 per cent. of the crop. I am sure He, too, has co-operated, and his officers I have sufficiently emphasised the benefits of have been in the field performing excellent irrigation under this scheme, even though the work. At Emerald today there are more than growers might be tied to one crop. The peaks 20 officers of the Department of Primary are already there; the mill is already there; Industries. It seems that they are to be the permanent staff there, which augurs well for ~he workers are already there; the township the success of the project and the furtherance 1s already there; and all that is needed is the of the interests of primary producers in the facility of water. I emphasise that in rela­ district. tion to the scheme under discussion. I j~in. with the Minister in expressing I commend the Minister and the Govern­ apprec1al!on to the Emerald Shire Council ment for bringing this grand scheme to and the Rockhampton Research and Pro­ fruition. It is certainly one for Central motion Bureau. However, other shire .councils Queensland but it win benefit the whole played a significant part in lending support to State; indeed it will benefit the Common­ the scheme. Many org_anisations and people wealth. I pay tribute to both the State and too numerous to mention also supported it. Commonwealth Governments for the finan­ We could not tally up those who banded cial arrangements that have made the under­ together, realising that the furtherance of this taking possible, and I trust that the Kolan ambitious project was desirable for the scheme will be recognised in due course. benefit of Central Queensland. Emerald Irrigation Project [28 MARCH) Emerald Irrigation Project 2617

Mr. Davi-es: If it had not been for your matter is omitted from the report. It refers advocacy it would not yet have reached in the following terms to an increase in fruition. population as a consequence of the construc­ tion of the darn- Mr. O'DOl'o'NELL: I thank the hon. mem­ Permanent farm labour 260 ber. I accept that interjection. Processing industries 149 We must not forget that all the people who Service industries 329 worked together-they formed a very successful team-in support of the cause did 738 much the same job as Dr. Harvey and Mr. Haigh in their report. When one looks back As they no doubt will be active workers, over the years and reads the local reports that taking them, their wives and their families were compiled, one must have the greatest into account, there will be an increase of admiration for the people who undertook the 1,850 people in the Emerald Shire. research work. They went to great trouble to I think we could have put forward a compile arguments that would withstand stronger argument, particularly when this criticism not only from our State depart­ report was presented last year. We had a mental officers but also from such major disastrous drought in the State and the organisations, with a great say in matters Minister quoted the loss to the State as at like this, as the Bureau of Agricultural least $27,000,000. For the purpose of Economics. showing the population drift from western I think that at this stage I should mention shires, I have taken figures from the last the late Mr. Bill Ewan. To a certain extent census. It is my hope that with the develop­ the people of Central Queensland should be ment of this project, which will lessen the grateful to him, because it was thought at effects of drought, the population that the one time that the Nathan Dam had No. 1 West lost because of drought will be returned priority. 10 it. Mr. Pilbeam: It was a good scheme. I shall quote these figures to show that the benefit will not be confined to the Mr. O'DONNELL: It was a good scheme Emerald Shire. The figures show the popula­ and it probably will be a good scheme; but tion loss in 10 western shires, which I owing to its becoming controversial, the late claim in the main was caused by the drought. Mr. Ewan on one occasion made a speech r shall quote the 1961 and 1966 figures, in this Chamber indicating that the people in ::md I should like hon. members to realise that area-or perhaps in his electorate-were that many people would have come into reluctant to proceed wi~h it because of the these shires in the intervening years and consequences of submerging valuable land. have left because of the drought, so we can To use a racing term, the Nogoa Gap Dam regard them as minimum figures. There was project really came through on the rails. It not a great change in the Longreach Shire. went to the front, and is now a winner. where the population fell from 5,013 to 4,955, ~ loss of 58. Remember that these are shires. As indicated in the report, the area to be Tn that case there was a decrease of 58. The irrigated will contain at least 32,500 acres figures for other shires are- and up to 49,400 acres. The maximum number of farms will be 130 and natu:ally, we are starting from virtually nothmg. When the scheme reaches its peak, at least 80 farms will be in opera­ tion with an average area of about 450 acres. These are important aspects. There is a clear Black all 3,291 3,054 Decrease of 23 7 indication that 167,900 acres must be resumed Barcaldine 2,384 2,286 Decrease of98 for this project, and, of that area, 36 300 Tambo 1,124 939 Decrease of 185 acres is freehold. The cost of resurnptio'n is Isisford 867 744 Decrease of 123 estimated at $1,566,000. I suppose it is the Aramac 1,790 1,644 Decrease of 146 wrong way to look at it, but that is an average Jericho 1,623 1,499 Decrease of 124 of $9 an acre. The cost of resuming the Ilfracombe 653 666 Increase of 13 freehold land would be considerably in excess Winton 3,043 2,674 Decrease of 369 of $9. By merely looking at the figures we (regarded as could be deceived to a certain extent on the the home of actual cost, because 36,300 acres is freehold the shearing 1 industry) ' I and 131,600 acres is under the control of 907 Decrease of 130 the Crown on a freehold basis in the various Barcoo .. 11,037 I forms outlined in the report. We know that there is an amount to be paid before our That is a population decrease approaching plan can come into operation, even before 1,500. The important thing, however, the first sod is turned for the actual con­ is that those who leave do not drift to struction of the dam itself. the eastern part of my electorate or areas I do not want to repeat what the Minister closer to the coast; they go right to the said, because it would be tedious repetition coast. If security is provided for the grazing and I want to avoid to a great extent the industry and fodder is made available to arguments put forward by the Leader of save the lives of millions of sheep and allow the Opposition. However, an important the building-up of herds of cattle, there will 2618 Emerald Irrigation Project [ASSEMBLY] Emerald Irrigation Project

be greater employment opportunities in the the road completed by 1972. I bring that western areas and a larger work-force will matter before the House so that people will be required. There will also be encourage­ realise that the money is not all coming ment to people, not necessarily those who from a central fund and that local expenditure have left, to go to the West. I think that that is an aspect that was not considered in will be required. the report. I appreciate that the Irrigation and Water I now wish to refer to the position in the Supply Commission has a plan that could Central Highlands areas. Perhaps it was probably make the expenditure on that road the activities of the Queensland-British Food of great moment to the district. It proposes Corporation which started permeating through to spend $176,000 around the site of the the minds of people in the district the dam to beautify the area, make it safe for thought that it could become a farming water sports, provide barbeque areas, picnic area. Since 1950 there has been, in spite areas, and launching ramps, and for tree of the drought, an increase in population in the area. In the five years from 1961 planting. Because of that, the road may to 1966 the population of the Peak Downs bring benefits in addition to the immediate Shire increased by 16, from 1,079 to 1,095. benefit that is envisaged to the primary Bauhinia increased by 276, from 1,827 to producer. The area will become a tourist 2,103. Emerald increased by 272, from attraction and, in addition, a recreational 3,210 to 3,482. Although that increase area for local residents. I believe that is appears relatively small, actually it is quite important, because additional tourist attrac­ phenomenal. In 1961 Emerald was a railway tions are needed in Central Queensland. town, and from it 130 or 140 railway workers, with their wives and families, were lost. If I may digress for a moment, I shall That loss has been more than balanced, show the House how this could fit into a line and an increase of 272 is shown. There of tourist attractions. When it is developed, has been a falling-off in mining at Blair the Carnarvon Range would be one attrac­ Athol (the hon. member for Mackenzie will tion, and tourists could then go north to the probably agree with me on this) and a Maraboon Dam recreational area and then decrease in the Belyando Shire from 3,253 on to the gem fields. I hope, too, that one to 2,994. day there will be wide open works at Blair The stability of the Eastern Highlands, Athol, whether for the production of power as well as the stability of the West in or the production of coal under the pro­ general, will be strengthened to a marked posed take-over. Such development could degree by the addition of 130 farmers who bring to the Central Highlands many benefits will be providing fodder, which will ensure that are not mentioned in the report now the maintenance of stock numbers. Even under consideration. though it may mean considerable cost to I think, too, that I should give some the graziers who have to purchase the fodder, at least they will know that they will have evidence from the local newspaper to indicate something to assist them-a market on which the benefits of the good season in the to draw. perhaps at a cheaper rate than Emerald district and the progress now being now. It is important to realise that this made, so I shall read several short state­ is not only a fodder bowl for the Central ments from the "Central Queensland News". Highlands; it is a fodder bowl for the whole of Central Queensland from which This first heading is, "Best Fat Sale for everyone will benefit. That is the point I Years" and the article reads- am trying to impress on hon. members. "The yarding of cattle at the fat cattle No doubt this project will cause a great sale held in the Emerald Municipal Yards deal of controversy on the local scene. The on March 12 faced a sound market and operations of the Irrigation and Water Supply was considered the best yarding of meat­ Commission have already begun, and the works cattle in Emerald for many years. Department of Primary Industries, as I said "A high percentage of the yarding was before, is active in the area. The local well finished following the recent rain and authority concerned, the Emerald Shire Council, is being asked to pay 50 per cent. of crop fattening." the cost of the sealin.s of an access road to the Crop fattening is an important aspect, and dam site. and I have no doubt members of this will apply when we have irrigation and the council are giving very serious thought to are able to do something really spectacular the opinions of the ratepayers of the district for the cattle industry. Irrigated pastures will about this proposed expenditure. The road play a very significant part in cattle fattening. is only 5 miles long, but-and I mention this because it indicates quite clearly the cost The article continues- of road construction and the considerable "Prices were-heavy bullocks $22 per burden that the local authority is asked 100 lb.; medium bullocks $22.50; steers to bear-it is expected to cost $170.000. $22.50 ..." Consequently, the local authority will be expected to pay in the vicinity of $25.000. Of I can see the hon. member for Mackenzie course, it will not have to pay that immedi­ smiling to himself, wishing he had a couple ately, because I think it is proposed to have of hundred head at that sale. Emerald Irrigation Project (28 MARCH] Emerald Irrigation Project 2619

Dealing with building progress, this is a can see, the Snowy Mountains Authority report from the council for one month­ believes in one big contractor who has com­ and this has been going on month after plete control of the full ramifications of the month. It says- programme. That is another thought I leave "Building Progress with hon. members. "Building approvals in the Emerald Shire I put these thoughts before the House for February totalled $58,619. They because there are people-I am one included-additions to present structures of them-who advocate the extension of $450, new residences $34,500, workshops the activities of the Snowy Mountains $3,000, garages $850, flats $2,200, and Authority. It is suggested that that authority shops $17,619." should lose its identity as the Snowy Moun­ As I say, that is one month's report from tains Authority and become a national the council. It is significant in showing the authority for developmental purposes. I present development that is going on at that mention these points so that hon. members centre, and I can assure hon. members that will have a clear indication of what I have that will pale to insignificance compared assessed to be the attitude of the Snowy with what is to happen to Emerald when Mountains Authority to big projects. this proposed satellite township is set up. The State Government, of course. will be It is in the initial stages now. We will have the responsible authority for the construction about 400 people congregated in the town; of this dam and, as such, it will have to there will be 100 dwellings at least, labora­ make some very important decisions about tory set-ups for the engineers and various contracts. It will have to decide whether other officers associated with the work, so there will be one big contractor or whether that it can be easily understood what the the whole project should be divided and business people of Emerald are expecting. separate contracts let. I understand that Mr. Reference was made by my Leader to con­ Rossi will lead this part of the department's tracts and this brings me to the important activities; he will supervise and co-ordinate point that, in a progressing town such as the respective contracts as they come into Emerald, where building is going on day operation. after day and new contracts are being con­ Those are thoughts that have come to tinually signed, the labour force will become me. As I said before, it is futile to stand a very important factor. I hope that it does in this Chamber and read excerpts from not occur that there will be intense competi­ what experts have said in the report. Any­ tion for labour between our dam project on body who has not read the report is foolish. the one hand and the expansion of the People in the Burnett area, the Flinders area Emerald district on the other. and areas along the coast such as the I feel that already repercussions from this Burdekin area should read the report because scheme have begun-favourable repercus­ of its educational value. It is a tremendous sions-and because of this development and and comprehensive report, containing con­ progress I am hoping to see what is now clusive arguments. regarded in Emerald as the main street­ Finally, I should like to again extend that is, the one running along the railway my congratulations to all concerned. I line-become, in the near future, the second sincerely hope that within the next few most important street because the main street years we will see tangible, profitable results will be Egerton Street, which is going ahead from this wonderful venture in water con­ like wildfire in the building of business servation. premises. Mr. N. T. E. HEWITT (Mackenzie) (3.58 I should now like to speak about the p.m.): Naturally I join with the hon. member actual dam construction. I feel, from read­ for Barcoo and others who have expressed ing the report, that there is recognition by their appreciation of this very worth-while the department of the fact that speed is the scheme for Central Queensland. I suppose essence of the contract. I was a little con­ that the two schemes to play a major part cerned before I read the report that things in land development in the central area might proceed slowly. I am in favour of during the lifetime of this Government would crash programmes on these large projects. be, first, the brigalow land development I sho-uld like to put before the House the scheme, and now this scheme. I think fact that the Snowy Mountains Authority I can truthfully say that no-one in this has an attitude on contracts such as this. I House can take greater credit for the start­ am not canvassing the idea, but I should like ing of the brigalow land scheme than I to mention that the Snowy Mountains can. Authority pre-selects contractors. This may A check of Vol. 227 of "Hansard" will take some hon. members by surprise. Con­ show that on 27 October, 1960, I advocated tractors are pre-selected on the basis that the need for a brigalow land development they are competent to do a particular job. scheme in the central area. I continued As a consequence, no risk is taken that any­ to push that scheme as much as I could body will be coming in experimentally and until the Minister for Lands and the Chief obtaining a contract. Whether that is an Land Commissioner of the day became very admirable approach or not I will leave to the interested in it. When I made my speech thoughts of hon. members. As far as I on 27 October, 1960, the then Minister had 2620 Emerald Irrigation Project [ASSEMBLY] Emerald Irrigation Project

been in office for only a few weeks. I there­ exploited when this scheme is established. fore feel that I played my part in the :first Cotton-growing will also be helped, as will scheme in our area. many other avenues of production. I can take little credit for the second It is not my intention to .talk at length scheme, other than to say that J got behind about this scheme. Those of us who live in people like the hon. member for Barcoo, the area know how valuable it will be. I must the hon. member for Rockhampton South, emphasise how appreciative we are of Mr. and other members throughout the district, Haigh and his officers, the Rockhampton who wholeheartedly agreed that we needed Research and Promotion Bureau and all who an irrigation scheme somewhere in the central played a leading part in bringing this scheme region where it would serve the most useful to fruition. purpose. We must not forget that the Common­ I pay a high tribute to the Commissioner wealth Government eventually came to the of Irrigation and Water Supply and his party on this scheme. I think it is high time officers for their co-operation with me over the Commonwealth did come into a major the years. In my area a small scheme for irrigation scheme in this State, and I hope the Dawson River is to be investigated. that this will not be the last time. We in this Wururna Darn in the Eidsvold district is great State need many more water conserva­ nearing completion and the weir in the Mac­ tion projects such as this to get full pro­ kenzie district is about to be started. The duction from our land. proposed Maraboon Dam is in very close proximity to my electorate. In the central Mr. TUCKER (Townsville North) (4.5 area we are getting many facilities that we p.m.): Like my colleagues I welcome the need urgently. Without doubt, we have some implementation of this scheme, including the of the best land in the State, and it is only building of Marabocn Dam. Last year it was now being exploited. my good fortune, along with some of my colleagues, to move around this area, and With the advent of this new scheme a there is no doubt that it is a wonderful part tremendous increase can be expected in the of Queensland. I was sorry to hear that the number of fat cattle in the area. The pro­ scheme will take nine years to implement. It duction of lucerne in the Emerald region is is a pity that with the co-operation of the essential. In recent years lucerne production Commonwealth we cannot reduce that time in the central region has not been exploited considerably. I realise that the State is not in to the full, mainly because of the 1ack of a gocd enough financial position to undertake irrigation. The scheme will serve not only all the necessary channel works in one or two the central region, embracing Rockhampton, years. But this is a vital scheme and every the north-western region of the State, and out effort should be made to implement it in less to Clermont and Charters Towers, but also than the nine years mentioned by the the West, to Longreach, Winton, and so on. Minister. I cannot think of any scheme that would do more for that part of Queensland. It is gra.tifying that Emerald will become, as some of my colleagues have said, the There are other schemes that must be con­ stock··food bowl of the central district. It is sidered from time to time. I hope, for a fertile area. instance, that the Irrigation and Water Supply Commission does not lose sight of the The Minister said that the scheme will Dawson Valley scheme, because many incorporate 130 farms, each of which will farmers have been there for 20 years or have 450 acres under irrigation, and that more. That scheme has been fully tested for 32,500 to 40,000 acres will eventually be the availability of water in times of drought. under irrigation. There is no doubt that I therefore ask the Irrigation Commission and Emerald must progress as a result of this the Minister to keep in mind the need for a development. Having moved through the area further small water facility for those people. and seen what it can produce, and knowing They have gone a long way to prove what can that there are people there with the necessary be done with irrigation. The Dawson Valley know•how, I am certain that the scheme will scheme was used virtually as a guinea pig, not look back. and many facts that were learnt from it will Like my colleagues I feel that the public be of advantage to this scheme in the Emerald servants who did this work must feel district. Let us pay tribute to those who tremendous statisfaction. Dr. Harvey and Mr. played their part initially, and ensure :that Haigh joined in issuing :this report. That is they have an adequate water supply at all what we expect from public servants in this times. State. They can always produce a very good The 'hon. member for Barcoo pointed out report when it is wanted. We do not have to the possibilities of lot feeding now that there worry on that score. I pay a tribute to those will be a large irrigation scheme in the central two gentlemen for the good and important region. I agree with him wholeheartedly. job they have done for Central Queensland After visiting America and Canada and lock­ in compiling the report that is being discussed ing at the feed lots in those countries, I here today. quickly came to the conclusion that, for The area is cursed periodically by drought. successful lot feeding in any country, there A drought in this area does not last only one must be a ready availability of water and year; sometimes it goes on for many years. sufficient grain at all times to finish off the and I .hope that this fact has been taken into product. That is another avenue that will be account. I understand that the scheme is such Emerald Irrigation Project [28 MARCH] Emerald Irrigation Project 2621 that it will supply water during a five-year Commonwealth. Why should we have to act drought. We do not want to find, at the end like mendicants and get down on our knees of a two-year or three-year drought that and grovel before the Commonwealth farmers are unable to draw water from the Government and say, "Thank you very much scheme. I stress that the scheme should be for putting this in our State"? It riles me sufficiently firmly based to carry the district to hear that sort of talk. over not one or two years of drought but the In fact, we are not even now getting our longest known period of drought in Central just due, nor will we get it for quite a long Queensland. I hope the Minister and his time to come. I do not believe that the advisers have taken note of that, and will not whole blame necessarily attaches to the settle more farms than can be kept going for Commonwealth Government. I think the the longest known period of drought. State Government has been lethargic in this Mr. Richter: I did refer to that. direction on many occasions. Let it be realised that the people of Central Queens­ Mr. TUCKER: I believe that is so. This land banded together to bring pressure to bear i' a fertile area. Last year when we were on the Government to try to have this scheme there we had the privilege of seeing two of implemented. I think that those who have the pilot farms. Both were under irrigation, spoken before me, and possibly those who and both had magnificent crops of cotton, follow me, will admit that. Let us be fair sorghum, corn and various other primary about it and say so. products. We were told that everything was turned off in first-class order, and there seems I remember the tremendous protest no doubt that when water is made available meetings held in Rockhampton when they the crops that I mentioned will flourish on were trying to get the Nogoa Gap scheme Burdekin dam scheme 2622 Emerald Irrigation Project [ASSEMBLY] Emerald Irrigation Project

in North Queensland? If that dam were In addition, we must consider the extent constructed, it would be possible to irrigate of flood mitigation that would be achieved not 40,000 acres but 400,000 acres. If the as a result of the building of this dam. Burdekin dam were full, it would hold 10 There were periods this year when vital areas times the volume of water in Sydney Harbour of the delta of the Burdekin River were and 16 times the volume of water in the inundated with flood water and the sugar Hume Weir on the Murray River. In spite crop was endangered. Many reasons have of that, nothing has been done, although the scheme has been put forward year after year. been put forward on many occasions why the On 20 march this year, in reply to a question Burdekin dam scheme should be instituted. that he had asked, the hon. member for Whilst we welcome Queensland's good for­ Burdekin was told- tune in achieving the Emerald scheme, I "Following an inquiry made by letter castigate the Commonwealth Government for on February 13, 1968, advice was received its inactivity elsewhere in Queensland; I from the Prime Minister's Department on castigate it because tremendous pressure must February 22 that the question of the be applied from particular areas before it reappraisal of the Burdekin River project will act. Sometimes it must almost be pushed was at present under active consideration out of office before it will use any initiative and that it was hoped that the Prime at all. Yet we know that the Commonwealth Minister would be in a position to reply Government will not be the loser on this in the very near future." Nogoa Gap Scheme because taxation from the area will repay, time and time again, Active consideration! That is the reply the money it spends there. received on every occasion on which this Let me reiterate that the money the Com­ scheme is put forward-"active considera­ monwealth Government is providing is not tion"-and it goes into the pigeon-hole for its money. The money has come from another 10 years until the Commonwealth Queensland and should be returned to us. Government receives another dig in the ribs, This Emerald scheme will certainly help this wakes up, and gets moving again. State but it is a very small scheme in com­ parison with the one I have mentioned this Central Queensland has got the Nogoa afternoon. It is a step in the right direction, Gap scheme; North Queensland has not yet a step by a State Government that has to got the Burdekin River scheme. North be stirred to action on every occasion and Queenslanders will continue to prod the by a Federal Government which only gives Commonwealth Government until the Burde­ us crumbs from its rich table. kin dam is built. It has been proved that the Oakey and Baratta soils can be used, and the Mr. PILBEAM (Rockhampton South) Millaroo experimental station on the Burde­ (4.24 p.m.): Like my colleague the hon. kin River has proved that rice is now a member for Mackenzie I do not propose to practical crop in the Burdekin area. It is speak at length on this measure, but I would known, too, that it is possible to irrigate be something less than human if I did not pastures from the dam. Sugar worth between express my elation on behalf of Central $30,000,000 and $40,000,000 comes from Queensland at this most significant forward the Burdekin area each year. I am not step in the development of this part of the "knocking" the Emerald area, but could it State. I offer my congratulations to the say that it~ production is worth that at State and Federal Governments, to the the present moment? Of course it could not! Minister, and to Mr. Haigh and the officers In fact, if there is good reason to institute of his department. No doubt, a very sound this scheme at Emerald-and there is-there case was presented to the Commonwealth are even better reasons why in the interests Government and, as a result of that case, of Queensland we should look after an area that Government was prevailed upon to pro­ of vital importance with an industry that, at vide $20,000,000 of the necessary finance. I the moment, is producing a crop worth congratulate all officers who have had a between $30,000,000 and $40,000,000 a year, hand in proving the economics of this which is put through our northern ports! We scheme, in carrying out the soil tests, and know we can grow rice; we know we can in doing everything else that was necessary. turn off cattle from irrigated pastures, and A great deal of endeavour lies behind what we know that Townsville some day will is happening in this House today. have to look to the Burdekin River for its water supply. In time, when our city grows In the course of a fairly long public life, bigger, and has a population equal to its I feel I have come to terms of close acquain­ present figure plus, say, that of Ayr, water tance with the Fitzroy River. I have become will be a vital necessity. At the moment very friendly with that old river, and have there is talk about water storage schemes great admiration for it. I have listened to on some very small rivers, but ultimately it the message it has brought to the people of will be found that these will not be suffi­ central Queensland and the people of this ~ient to supply Townsville and we will have State for many years. At times, of course, lo go to the Burdekin River. That is another it gets very loud and very insistent about the good reason why the Burdekin dam scheme gifts it is bringing to the area and the gifts should be initiated without delay. that have been thrown away. I have been Emerald Irrigation Project (28 MARCH] Emerald Irrigation Project 2623 very appreciative of our very wonderful heri­ To provide fodder for supplementary tage in the Fitzroy River basin and the feeding of stock and drought mitigation; Burdekin basin. and To increase population and business I congratulate the Government on returning activity in Emerald and the Central to these broad schemes of irrigation that Queensland area. make for massive development of this State. For years I was disappointed to see the There is no doubt about the need for drought Government's insistence on small farm mitigation. The message this year is not schemes. I have listened to men like the quite so clear because we are experiencing hon. member for Fassifern strongly advocat­ a rather remarkable season, but in the pre­ ing larger and more expensive irrigation pro­ vious 10 years the Fitzroy River never jects which have greater ultimate rewards. flooded. We had 10 years without a monsoonal wet season. There was not a When I congratulate all those concerned person in Central Queensland who was not <:m the 'Yonderful scheme that is being brought crying out for some major conservation mto bemg today, I do not take credit away scheme on the Fitzroy River. Even in the from the city of Rockhampton. We were present season they have not forgotten the the first to make use of the waters of the message they received in those 10 years Fitzroy River; we were the first to listen of drought. They recognise that this scheme to the message it brought to us. It is a and all the other major schemes in the message that I have had dinned into my basin are necessary to prevent further dis­ ears on many occasions. It is a very astrous droughts in the region. wonderful old river. I have seen it in all The Minister stated in the report that there its moods. It is a river that has brought is a factor of flood mitigation in this scheme. nothing but.good to the city of Rockhampton, That is indeed so, although it relates only to yet lots or people in Rockhampton have one of the large tributaries of the Fitzroy. had a wrong concept of what the river Rockhampton has experienced many big was there for. For years people in Rock­ floods that have been contributed to partially hampton looked on the Fitzroy as simply by water coming down the Nogoa. If this a medium of water transport. For years scheme takes only 5 per cent. off the top of they were engaged in the uneconomical pro­ the flood, it may be the 5 per cent. .that does ject of trying to make 50 miles of river the damage in Rockhampton and the other waterway navigable to ships. Only in recent populated centres. years have they looked at the Fitzroy River in its proper perspective, that is, as a source The scheme will be of tremendous benefit of a tremendous volume of water for the to the grazing industry. In our area we have use of Central Queenslanders and the develop­ the only two meatworks in Australia thart ment of their part of the State. work to full capacity, and export to full capacity. With the benefit from this scheme It is rather ironic that although our little and the brigalow development scheme, I barrage scheme was considered to have no foresee a tremendous boom in the meat irrigation content whatever, there is at present industry in Rockhampton. in existence in Rockhampton a big committee Mr. N. T. E. Hewitt: It will become much formed of irrigation users above the barrage. bigger than Cannon Hill. Although the scheme was not embarked upon with that idea in view, the barrage being Mr. PILBEAM: My word it will! We have built purely to stop the tide at Rockhampton the largest beef export trade in Australia. The and thus turn the Fitzroy River at Rock­ scheme will also help the fat lamb trade, and hampton from a saltwater to a freshwater without doubt it will produce the crops stream, it has inevitably become an irriga­ referred to in the Minister's report, such as tion project which ponds water for a lucerne, cotton and grain. All this will help considerable distance behind the barrage. Central Queensland tremendously, increase the population of Rockhampton, and The Nogoa Gap scheme is in a much encourage the growth of the ports of Glad­ larger category than our barrage. stone and Port Alma. There will be a general beneficial effect over the whole .of I look forward not only to the completion Central Queensland. There was a great feel­ of this scheme but also to the completion ing of ela.tion in Central Queensland when of all the other major conservation schemes the scheme was foreshadowed. This is the that are well known to the Minister, Mr. answer to those people who said last year Haigh and this Government. The Fitzroy that the scheme was not a "goer". Certain will then pour its full blessings on the reservation was expressed; in that some State of Queensland, and I certainly hope investigations had to be carried out. It was that the same happy state of affairs will said by some people, "That is the 'out'. They prevail in the Burdekin basin also. will not get on with this scheme." This is the complete answer; the Nogoa scheme is a It has been stated by the Minister that definite "goer". There is no doubt about that. the main objectives of this scheme can be summarised as follows:- The Deputy Leader of the Opposition was very generous in congratulating Central To improve overall growth; Queensland. I thank him. He was right in To increase and stabilise rural produc­ saying that the main requirement for inrlustry, tion in the Emerald area; as well as for irrigation, is water. We see 2624 Emerald Irrigation Project [ASSEMBLY] Emerald Irrigation Project

the prospect of considerable industrial buildings are still there. But there is some development in Rockhampton as a result of doubt whether the Biboohra chanP,d will the barrage. We have had one major inquiry ever be completed. already with the prospect of using 20,000,000 gallons of water a day and, no doubt, we will This document, released by the same two have more. There is no shadow of doubt that officers, points out that in five years it is the waters of the Fitzroy River will be hoped to complete the construction for the responsible for big industrial development. programme of storage, in six years to open With the prospect of a larger power station the programme for farms, and in seven years to give cheaper power, and with schemes like to complete the programme for irrigation the brigalow scheme and the beef roads work. That is how it should be. The coming along apace, there will be no limit to Government should not change its mode of the advancement of Central Queensland. It is action and should carry out the scheme as it a very happy day for Central Queensland to is meant to be carried out. The people of have such schemes brought into effect. Queensland should not be held to ransom because of a change in Government. When One matter causes me a little concern in the the A. L.P. takes office next year it will development of this State, namely highway honour this scheme to the end, and, like the development, which is part and parcel of the hon. member for Mackenzie, J will draw whole picture. I should certainly like to see attention to my having said this. We will a separate scheme brought into being for the carry out the scheme; we will not dilly-dally construction of a highway system throughout along the way and year after year gradually Queensland and Australia. I visualise a whittle it down until there is no work-force. separate scheme, apart from the overall equipment, or buildings, and we have to scheme, being brought into being. When that start afresh. We will spend the $26,000,000. happens we will have everything. We will But it is not the dollars that count; it is have cheap water, cheap power, and a proper the result gained from those dollars. It is highway system, together with the clearing of the result that we want for the people of the fertile lands in the brigalow area-all Queensland. providing more concentrated production. We are getting $20,000,000 from the As I said initially, something would be Commonwealth as a non-repayable grant, lacking in my make-up if I did not express but it is still taxpayers' money-it is not elation on this occasion and congratulate all coming out of the clouds or out of the concerned on this remarkable step forward in ground-and we want to get the maximum ~he history of Queensland. value for it. Mr. Haigh, who is sitting in the lobby, will remember that while the Mr. WALLIS-SMITH (Tablelands) (4.35 engineers were at Tinaroo the work-force p.m.): Hon. members have said what a was working like a well-oiled machine, the wonderful scheme this is and the Leader of equipment was working well and the town­ the Opposition pointed out that we on this ship was functioning well, and now all of side of the House were quite in agreement this will be done again and we will start with this project. Once again I remind hon. afresh. If this scheme gets under way, members that a different attitude was whatever Government is in power should adopted when the Tinaroo scheme was first not wait another 18 years before it imple­ mooted. It was claimed at that time that it ments a further scheme. would be the eighth wonder of the world if Let a start be made now on the exploratory ever it came to fruition. Now this is being work for other major schemes. It is all proclaimed as a wonderful scheme. We very well for members on the Government proved what a big scheme can do, although side to say, "We have a number of small at the time Government members threw schemes". Whilst small schemes are neces­ cold water on it--cold water from their own sary, for the over-all advancement of little areas. Queensland there should always be a major scheme under construction. To those responsible for producing this report, I say that it is a wonderful document. Mr. Tucker: Small schemes are always But it must be implemented in its entirety. wiped out by long droughts. When the Tinaroo scheme was first mooted Mr. W ALLIS-SMITH: That is correct. The a wonderful document like this was produced, Minister mentioned a dry period of 22 years, but with a change of Government it was and the hon. member for Rockhampton watered down and instead of being completed South mentioned a period of 10 years during in 1964, it is still dragging its feet in reaching which the Fitzroy River did not flood. Those the ultimate goal. According to the 1967 are things that happen. Hon. members will Annual Report of the Commissioner of remember the number of questions that I Irrigation and Water Supply, only 120 men asked in the House about the height of the were still employed on this great scheme; water at the Tinaroo Falls Dam. In fact I possibly the number is now 50. I mention understand that at 9 o'clock on each Monday that to show that we have misi!ed the bus morning at the local office of the Irrigation with our work-force. The Leader of the and Water Supply Commission someone says, Opposition spoke at length on Queenslanders "For goodness sake go out and see what the being used in this work. There was a thriving level of the dam is as that chap will be village at Tinaroo, and some of the good asking questions again." Water shortages Emerald Irrigation Project (28 MARCH] Emerald Irrigation Projeu 2625 can happen anywhere, more so in Central does not hold that up and say, "This is a Queensland than in North Queensland, where crop without a bounty. That is why they the rainfall is higher and the wet season must pay money." He says, "It is not neces­ more reliable. sary for these people to grow tobacco only. They can grow other crops." I ask the Mr. Richter: Doesn't that prove that Minister, "Where are the markets?" Again Tinaroo is fully committed? there is no answer, because the markets are Mr. WALUS-SMITH: Who built it? It is not there. I should say that this irrigation not completed. "Committed" and "completed" scheme probably will not have the same are entirely different words. They are spelt problem of markets as areas in which small Jitierently and have different meanings. I crops are grown. However, interstate and thought the Minister knew that. international competition will have to be met, and l remind the House of the very sad Mr. Richter: What are you talking about? lesson that both the dairy industry and the Mr. W ALLIS-SMITH: I hope the Minister sugar industry have learnt. has less difficulty in understanding me than It is very good that another area of I had in understanding him during his hour­ Queensland is to be blessed with an adequate long innings. It was a dirge that went on water supply. I was fortunate enough to be and on, and the only time he raised his with the Leader of the Opposition when he voice was to tell us, "This will grow cotton, visited Central Queensland, and I noticed and cotton without a bounty is a profitable that more people were employed at the two crop". 'What an understatement! Many meatworks in Rockhampton than in any things can happen to bring that tumbling other undertaking. This irrigation scheme will down round the growers' ears. I am not give those meatworks a guaranteed supply of pessimistic, but I know that other crops have cattle and sheep. No matter which Govern­ fallen by the wayside as a result of world ment is in office, planning of this type should slumps, diseases, and other things. The only continue for the sake of the security of the time the Minister raised his voice in his people of Queensland. hour-long innings was when he made that The position at Blair Athol, which has the statement. largest single seam of coal in the world, was Mr. Richter: You weren't here. pitiable. It is very interesting to note this comment in the report to which I referred Mr. WALLIS-SMITH: Wasn't I? How, earlier- then, did I come to hear that? "At the request of the State Electricity The Minister mentioned that the scheme Commission, the Commission continued would bring about an increase in the popu­ the investigation of sources and cost of lation. Many more things than the building water supply for possible thermal generat­ of a dam are needed to increase the popula­ ing stations on Central Queensland coal­ tion. There will be 130 irrigated farms in fields the area, each of from 400 to 600 acres. Let "A report was prepared on supply to the it not be thought that that will mean a Blair Athol and Blackwater fields based on large population, because it will not. It has supply from the proposed Maraboon Dam been proved that there is a changing pattern on the Nogoa River." in the rural field today. I showed members of my party only this morning that in 1964, That is another example of the way in which six years after the Tinaroo Falls Dam came this water will be of great benefit to industries into operation, there were 400 houses unoccu­ far removed from Central Queensland. The pied in the Tablelands area. The Tinaroo grid into which the power will be fed will scheme cannot be blamed for that; the cause extend over hundreds and hundreds of miles. of it was the changing pattern of rural The other point that I wish to make relates activity. It is well known that there is the to the allocation and sale of land for farms. possibility of aggregation of dairy farms. It I believe that the Government should consider has been said that that is the only solution that question very closely. As I have said to the problems of that industry, and that before, allowing the Commissioner of Irriga­ will immediately reduce the population in tion and Water Supply and officers of his dairying areas. It is well known that small department to have so much to say in the tobacco quotas will produce aggregation of cutting up of land puts too much responsibility tobacco farms, which will result in more on their shoulders. The Irrigation and Water empty houses. That is not a matter of Supply Commission should be coupled with hearsay but of statistics that have been the Department of Lands; but it is not at published. I have asked for another investi­ present, so we must make the best of what gation to determine the present position, we have. because there is now another upsurge in When land is put up for sale and a number aggregation of properties in rural industries. of applicants who have the necessary qualifi­ The price of water mentioned in this report cations apply for the blocks, the land should has also attracted my attention. The amount not be auctioned. If 10 or 15 applicants of $3.50 per acre-foot is a reasonable amount, qualify in every way, a ballot should be held but it is not in keeping with the Minister's for the blocks. The present Minister for Irriga­ present scale of water charges, which he has tion rubbed his hands and said. "We received pushed aside year after year. He says, "I am four times the value for that block of land." still reviewing the charges". They are $9 in That is all very well in the short term; but the tobacco areas. Why is that? The Minister the long-term policy should be to put an 2626 Emerald Irrigation Project [ASSEMBLY] Emerald Irrigation Project

upset price on the block and see that it goes Mr. THACKERAY (Rockhampton North) to a person who has the necessary qualifica­ (4.54 p.m.): I intend to be very brief, but, tions, not to the person who can outbid the as one of the representatives of Central other applicants. Queensland in this Parliament, it is my Options have been introduced on other duty to say a few words. It is very pleasing blocks. Options mean that if an applicant indeed to see this proposal being presented buys the first block he can then use his this afternoon. options on the remaining blocks up to the Without going into the pros and cons number of four at the same price. This of who developed the idea, I will say that eliminates everybody else. If he has the the hon. member for Barcoo has been very money to buy the first block, he can close to it for many years and, listening eliminate everyone else. As a result of this, to him this afternoon, I should say that he in the area about which I am commenting, has presented a factual case on the capabilities instead of there being four farms, there are of this dam and irrigation project. What only two because three belong to one man he has said this afternoon adequately covers and one to another. I ask the Minister to anything I may wish to say. consider this point. The remarks of the Deputy Leader of In the interests of people who are willing the Opposition were also enlightening and to go on the land, selection should not go right to the point. He said quite bluntly to the man who has the most money. Any that the only way we can get anything done applicant who has the necessary qualifications in Queensland is to give the Commonwealth to meet the conditions laid down should Government a sharp dig in the ribs. That be able to enter a ballot. has been done on several occasions. It Do not let us continue with this short-term was done in 1961, when the Australian policy of getting four times the value of the Labour Party almost defeated the Common­ land, establishing an inflated value, and wealth Government. It was only because subsequently discovering that the purchaser the preferences of the Communist Party has not sufficient finance left to carry out elected Killen that we were defeated in the development of the block. That is what the Federal sphere on that occasion. it amounts to, and that is where most of the Following that, all of a sudden there was a difficulties lie. If a man obtains unlimited big upsurge of interest in Queensland. The finance from a bank in order to purchase Commonwealth Government said, "We had the blocks he has to repay the monev, and better have a look at Queensland again". he oftens finds that he cannot. However. Everyone knows what happened with Dr. the price he has paid affects the prices of Rex Patterson, who was Director of Northern other blocks in the area. I again urge the Development. He left that top position in Minister to consider that point when we the Commonwealth Government and stood reach the stage of cutting up this land for for the Dawson by-election, which he won. development. That was another kick in the ribs to Mr. Speaking of the pilot farms established Menzies and his ilk. They decided they had by the Department of Primary Industries, better get up to Queensland and do something I met Mr. Titmarsh and saw his pilot farm. about it. From that day onwards they I saw cotton being grown and harvested, and decided, "We had better give Queensland a I know quite well that that is the right few dollars. After all, we have been handing way to do things. I know it is no good out hundreds of millions of dollars to the spending all this money on schemes and other States." then starting new experimental blocks. That This scheme is a shot in the arm to Central is being done at present with tobacco and Queensland. It will certainly help the Central other improved farms, but that is because Highlands. It will help Rockhampton par­ at the time the scheme was instituted in ticularly. $26,000,000 is ·to be spent on this the Mareeba-Dimbulah area it was speci­ project, and much of that money will be fically for tobacco. Now there is a channelled in various ways to business houses diversity of crops, such as seeds, pastures, in the field of commerce and, in turn, to the vegetables, and the like, as well as cattle­ wage-earners in Central Queensland. It must fattening, and the project is being turned to a be realised that Rockhampton has the lowest different field altogether through the estab­ rate of increase in population of the main lishment of these pilot farms. dties. I close by saying that the plan is an Mr. Ramsden interjected. excellent one, and by paying tribute to the hon. member for Burnett for the manner Mr. THACKERAY: Sam has been in a in which he jumped to get in first. I am triangle long enough; let him keep quiet. not sure whether he was born at the junction Mr. Ramsden interjected. of the Claude River and Wharton Creek, but I notice that right in the middle of this Mr. THACKERAY: Stay in your triangle, area is the Claude River and Wharton Creek. Sam. Perhaps that is why he wanted to be assoc­ Rockhampton has .had only about a 5 per iated with the scheme. cent. increase in population, and this scheme I again urge the Minister that when it will definitely help Central Queensland. I comes to the cutting up and disposal of know that some people have said that it will these blocks, it be done by a different method provide for only 130-odd farms. Mention from that followed in the past. has been made of modern methods of Emerald Irrigation Project [28 MARCH] Emerald Irrigation Project 2627 agriculture and all that sort of thing. The Deputy Leader of the Opposition Nevertheless, this money is going to Central struck a discordant note. I do not know Queensland and in years to come it will why he introduced it into the debate. It is develop and assist the Rockhampton region. typical of kiddies building sand castles; there That is why I am so happy that this scheme is always one naughty boy who comes along and kicks them over. I suppose we must has been presented to the House this after­ let him have his fun. noon. Mr. Tucker: It would be good if you The Minister was a good old Minister were to kick something over now and again. when we went overseas on his trip a few I think you would rise in everyone's estimate years ago. He did a good job then and he if you did. is doing a good job now. Let us have some more big dams, such as one on the Burdekin Mr. RICHTER: I do not take the hon. River that the hon. member for Townsville member's remarks very seriously. He said North wants. that we should have made approaches to the Commonwealth, and that we should do Hon. H. RICHTER (Somerset-Minister something more about it. In the first place for Local Government and Conservation) he was rather critical of the Commonwealth (4.58 p.m.), in reply: I think I can be very Government, and then he was critical of brief. Most hon. members agreed with the the State Government because we had not motion, and most of them were quite made an approach. It is possible that he does enthusiastic. I am sorry that there were a few not know. He should ask anyone in Central "knockers" or, rather, people who damned Queensland; he should ask his cobber from the scheme with faint praise. I think that Barcoo whether our approach was vigorous was quite unnecessary on this occasion. They enough to help the people of Emerald and did not altogether stick to this scheme in their Central Queensland. remarks, but there appeared to be a little bit of personal jealousy for their own areas. That I do not know what the hon. member was unfortunate. wants. We made an approach as far back as 1961. We appealed to the Federal Govern­ I appreciated the contribution of the Leader ment for assistance. In 1964 this scheme of the Opposition. I think he was very much was put before the Federal Government, "on the ball". He mentioned something about and we did not let up. The Emerald people the economics not being a limiting factor. went to Canberra and, with our assistance, That is all right up to a point, but he must agree that before we proceed on a scheme they advanced their case. I do not know of any kind we must look at its economics what more we could do. I think we have and compare it with other schemes, and then applied all the vigour we can. decide which is the most urgent and most The hon. member for Townsville North practical scheme. That has to be done. In referred to the Burdekin scheme and said fairness to the men who go on these proper­ that something should be done about it. ties, it is only right that we should make an I point out to him that proposals presently evaluation of the farms to give them an before the Federal Government would repre­ indication of what they can do and whether sent the expenditure of about $103,000,000. or not they can succeed. So far as the Burdekin is concerned. he The hon. gentleman spoke about the con­ should know that the Broken River-Eungella tracts for this project. He said that when the Dam scheme is part of the Burdekin system job starts preference should be given to and is in the $103,000,000 worth that we Queenslanders. We do that. It is an under­ have asked for. It is part of the Burdekin stood fact that preference is always given to system and is to cost $23.000,000. '\~le are Queensland tenderers and to those people who making a good attempt to get help from supply Queensland materials. I can assure the the Commonwealth. hon. gentleman that we always extend that The hon. member for Tablelands spoke of preference. the work-force at Tinaroo. The personnel The hon. member for Burnett contr2~ted have not been lost. The hon. member was the Kolan scheme with this one. I think he not present when I introduced this proposal, knows that the Kolan scheme has also been and he is not here now. I should like him sent to the Federal Government. We have to be here to listen to this. because he was asked that Government for help. The hon. rather critical and said that we have lost the member said that the Emerald scheme would work-force at Tinaroo. Virtuallv all the serve 130 farms, while the Kolan scheme men from Tinaroo are still with us, but they would serve 500. He should remember that have gone to different schemes. That is the the Emerald scheme will also serve many way dams are built. One is built and then properties in the Outback, properties com­ we go on with another. There must be a pletely outside the scheme. As the hon. transfer of key personnel from one to the member for Barcoo said, it will be of great other, and that is what has happened. We benefit to people who are not actually in the have shifted most of the plant from Mareeba irrigation area. Owners of grazing properties -he deplored this-and it is now at Wuruma. in Central Queensland will be fully appre­ That is how we have to work it. It is ciative of the fact that this scheme is to be useless to keep plant at a site if there is no put into effect in the Emerald area, even work for it, just as it is useless to keep men though their properties are not in that area. there if there is no work for them. 2628 Electrical Workers and [ASSEMBLY] Contractors Acts Amendment Bill

Mr. HanlGn: His point was that you did As the result of a conference convened have certain work there. by the State Electricity Commission of Mr. RICHTER: He is quite wrong. We Queensland of representatives of the various had to curtail work there because of the sections of the industry, the Electrical tobacco quotas. I put it to him that it Industry Safety Advisory Committee was would be very foolish to go on while there constituted under the aegis of the State is uncertainty in the district because of the Electricity Commission of Queensland. A tobacco quotas. start was made at once on the formulation The hon. member spoke of loss of popu­ of a scheme for the recruitment of electrical lation. Mareeba's population has increased linesmen trained in Queensland and suited by 40 per cent. since 1954. That increase to the organisation of electricity supply in is due partly to the irrigation scheme. I this State. expect the same to happen in Emerald. Responsibility for working out the details The hon. member for Tablelands referred of the scheme was placed in the hands of a also to the allocation of these farms. Had linesmen's training subcommittee of the he read the report-he claimed that he did Electrical Industry Safety Advisory Com­ read it, but I am sure that he did not-and mittee. The subcommittee, consisting of had he listened to my opening remarks he representatives of electric authorities, the would know that we propose to allocate Department of Railways, the Department of these farms by ballot. Education, the Electrical Trades Union and I thank the hon. members for Mackenzie the State Electricity Commission, in due and Rockhampton South for their contribu­ course submitted a scheme that had been tions. They know the area and what has agreed to unanimously by its members, and been done over the years. They and the hon. it was finally approved by the organisations member for Barcoo have assisted tremen­ in the electricity supply industry. dously, and I think hon. members will agree This scheme was drawn up after members that there has been no lack of vigour in our of the subcommittee had visited and fully approach. We are all in it together and I investigated training schools and procedures am very happy that we have succeeded. in other States. Its provisions are generally It is rather mean of some hon. members consistent with what is regarded elsewhere to give the Commonwealth Government a as essential to the proper training of elec­ kick after it has come to the party. If it trical linesmen. does not come to the party I will help them The scheme provides generally that persons to give it a kick, but for heaven's sake do wishing to become electrical linesmen, if not kick it when it does the right thing. accepted by the employer for linesman's Motion (Mr. Richter) agreed to. training, must undertake a 12 months' cor­ respondence course conducted by the Depart­ ELECTRICAL WORKERS AND CON­ ment of Education whilst working as a TRACTORS ACTS AMENDMENT BILL labourer or tradesman's assistant. Following completion of that course and passing the INITIATION IN COMMITTEE associated examination, the candidate may be nominated by the employer for entry (The Chairman of Committees, Mr. Hooper, to the linesmen's training school where he Greenslopes, in the chair) would participate in a full-time course of Hon. R. E. CAMM (Whitsunday­ eight weeks' duration. On the successful Minister for Mines, Main Roads and completion of that course, the candidate Electricity) (5.8 p.m.): I move- will be eligible to sit for the examination conducted by the Electrical Workers and 'That a Bill be introduced to amend Contractors Board for a certificate of com­ the Electrical Workers and Contractors petency as an electrical linesman. Acts, 1962 to 1964, in certain particulars." This Bill is necessary and urgent to enable The linesmen's training school, which is the scheme for the training of electrical lines­ conducted at Rocklea, in Brisbane, bv the men recently introduced in Queensland to be Southern Electric Authority of Queensland, implemented in the most suitable way and under the supervision of the State Electricity in the best interests of those being trained, Commission of Queensland, commenced of electric authorities whose works are instruction in July, 1967. All costs associated involved and of the public generally by ensur­ with the conduct of the school are shared ing a high standard of safety in the per­ by the electric authorities and other employ­ formance of linesmen's work. ers who nominate candidates, including all the costs of sending candidates to the school. The need for a new approach to the train­ ing of electrical linesmen was brought to the Under the existing provisions of the Elec­ notice of the electricity supply industry a trical Workers and Contractors Act, a person few years ago by a sudden increase in receiving his training in Queensland may serious and fatal accidents to electrical lines­ be permitted to sit for the examination for men. In the period from July, 1963, to a certificate of competency as an electrical October, 1964, there were 23 accidents to linesman if he has had two years' experience linesmen, of which 16 were serious and seven as a labourer or tradesman's assistant. ·Neither were fatal. a correspondence course nor attendance

the training school is required as a condition which they are required to work; but some for permission to sit for the linesman's men find it more difficult to do the work as examination. they get older. It is necessary, therefore, It is proposed to terminate the recruitment that linesmen should not only be well trained of linesmen on the basis now provided for and proficient to carry out their work but and to rely in the future on having all also fully trained in the use of safety anchors linesmen who are trained in Queensland and all other aspects of safe working. undertake the corresoonJence course and It is a pity that the eight weeks' training attend the linesmen's ·training school before scheme instituted by the S.E.A. was not under they can become certificated linesmen. To the authority of the State Electricity Commis­ cater for those who had commenced their sion. I believe that when the scheme was set training on the old basis before the lines­ up the unions asked that the commission men's training scheme was introduced, it should control it, but that was not done. is proposed that all who have completed So much is now being done in the training two years' experience before 31 March, 1968, school established by the S.E.A. that perhaps be permitted to sit for the examination it would not be wise to wipe it out com­ conducted by the Electrical Workers and pletely and set up a new school, and I under­ Contractors Board. stand that the S.E.A. school has not debarred anyone who wished to take the course. In general, those are the only changes in policy provided for in the Bill. An The training of linesmen has caused the electrical fitter or electrical mechanic still unions concern for many years. Before I has the right to make application for a became a member of Parliament, I remember certificate of competency as an electrical going to Victoria to have a look at the train­ linesman, subject to his having suitable experi­ ing scheme for linesmen in that State. ence. Ekctrical linesmen from outside the Strangely enough, although I was employed State may still be granted Queensland cer­ in the department, I was not sent to Victoria tificates as electrical linesmen provided they by it. My knowledge was gained at the -;atisfy the Electrical Workers and Contractors expense of the union, and I am grateful to it Board that they have had suitable and suf­ for giving me the opportunity of seeing the ficient experience. work being done in Victoria, particularly the live-line work, which was being introduced Minor alterations to the period of experi­ in Queensland at that time. ence necessary to meet the requirements of the Electrical \Vorkers and Contractors Board The Minister has covered this point but, are provided for, and are either intended to without labouring it, I wish to make it very clarify existing practices or are a consequence clear that apprentices of today and appren­ of the introduction of the linesmen's training tices of the future will, because of their scheme. apprenticeship and training, be able to sit for the examination without further study Mr. Houston: Will there be training schools if they have done the necessary time up the outside Brisbane? poles. There must not be any confusion about a mechanic being able to do line work Mr. CAMM: Not at present. Employers in the normal course of a mechanic's duty. will be responsible for the fares of employees On properties in country areas, one finds who attend the school here. that the mechanic has to install a home­ The Bill introduces an important principal lighting unit. In some cases it is a full in the development of the electrical industry 240-volt unit, and he then has to install in keeping with what has been done in motors and lights far removed from the other States and elsewhere. Because it is source of supply. This means that pole concerned primarily with improved safety installations have to be made. Let there be practices in the industry, it has the support no confusion about the fact that the elec­ of all who are associated in any way with trician is not now able to perform that work the work performed by electrical linesmen. as part of his normal duties. I am confident that the Bill will be well The hon. member for Salisbury has received by hon. members, and I commend played some part in having the proposed it to the Committee. changes brought forward, and I am sure he Mr. HOUSTON (Bulimba-Leader of the will have more to say on behalf of the Opposition) (5.14 p.m.): The Opposition Opposition. always welcomes any measure which adds Mr. McKECHNIE (Carnarvon) (5.20 p.m.): to safety in industry, particularly if it is I appreciate the introduction of this Bill, par­ also designed to increase the competence of ticularly in view of the problems that exist workers. From what the Minister said, where we have an authority of another State the Bill appears to be satisfactory. Of operating within Queensland. Considerable course, we reserve final decision till we have difficulties have arisen with the North-west seen it and compared it with the existing County Council's employees entering Queens­ legislation. land. Although they are licensed in New It is true that the work of a linesman is South Wales they are not eligible for work in not easy, and one of the biggest problems Queensland under our conditions. I appreciate associated with it is the difficulty that lines­ the fact that this Bill will assist those New men have in working at their calling as they South Wales employees whose work brings become older. It is easy for young men to them into Queensland, and I should like the go up the poles and work at the heights at Minister, at an appropriate time-possibly in 2630 Electrical Workers and [ASSEMBLY] Contractors Acts Amendment Bill

his second-reading speech-to tell us what the bring about a better standard of training situation is if a Queenslander desires to work and probably, in the main, produce a better in New South Wales. type of linesman. Mr. Sherrington: We have the highest stan­ Over the years many tragedies have dard of any State in the Commonwealth. occurred with linesmen in their work, mainly because many of them have been required Mr. McKECHNIE: I thank the hon. mem­ to work on live mains. I refer particularly ber for Salisbury for his remark, but I should to linesmen required to carry out main­ like to hear what reciprocal arrangements we tenance work on reticulation mains. Mostly have with New South Wales. Those of us in they are required to work in the vicinity of border areas, where the New South Wales 415 volts. A linesman has to concentrate authority operates on both sides of the border, very keenly on his work to avoid the danger desire that the same opportunities be given of electrocution. A scientific study indicates to Queenslanders to work within the State of that a linesman's assistant or would-be New South Wales as the Minister is now rescuer has only three minutes in which to proposing to extend to New South Wales commence resuscitation for him to have any employees. possible hope of saving the linesman should Mr. SHERRINGTON (Salisbury) (5.22 he be electrocuted. p.m.): Having come from this industry, On two occasions I have seen mates of naturally I am always concerned with any mine caught on live mains, and I know what measure that might be brought before this the awful results can be. Happily, on both Parliament firstly to bring about an improve­ occasions, because we were able to apply ment in the safe working conditions of lines­ artificial resuscitation very quickly, they men and secondly to improve training survived. I can vividly recall being called methods. out about 3 o'clock one morning when my An Opposition Member interjected. mate was caught on street-light mains that were supposed to be dead. I saw him fall Mr. SHERRINGTON: I was just about to from a height of 30 feet after freeing him­ say that I think the Minister, in a moment of self from the live mains. Believe me, I charity, might be prepared to agree that can speak very sincerely about electrical-line following the disclosures that I made here work and the dangers that linesmen expose some years ago on the ever-increasing number themselves to in carrying out their daily of fatalities associated with line work tasks. I have always said that the sooner throughout the State, the then Minister now electric authorities are able to introduce a Sir Alan Munro, called an industry c~nfer­ system of more and more dead-line work ence, from which came the setting up of a the better it will be for linesmen. safety body within the electrical industry in this State. I believe that the setting up of the training school at Rocklea is a step in the Mr. Davies: I am sure the Minister will be right direction. But I do criticise the fact the first to give you credit for it. that the loop-hole has existed in our laws for so long and has not been tidied up Mr. SHERRINGTON: I have had my sooner. It should have been detected when battles with the Minister, but I feel that on the school was started. From my informa­ this occasion he cannot deny the truth of what tion, I understand that since this projected I am saying. From this conference came a amendment concerning applicants for lines­ very worth-while approach, and if at some men's certificates, there has been a flood of more suitable time I am possibly critical of applications from and nominations of persons the apparent slowness of putting some of these measures into effect, nevertheless the employed in the local authority who have good things that came out of the conference not had the benefit of this course. were the setting up of a linesmen's training I should be very interested to know how school and the tightening up of the require­ many persons sat for the linesmen's examina­ ments for a person to become a linesman. tion last year. I am reliably informed that Prior to this, there was a loose arrangement because of the pending introduction of this that the requirements were the serving of two measure there has been a fl.ood of applica­ years as an assistant to a linesman and then tions from persons who would qualify to sit on the successful completion of an examina~ for the examination under the old scheme. tion, a man would be licensed to be a lines­ Linesmen should receive the benefit of the man in Queensland. To my mind, one of specialised training that they will obtain the great dangers in this system of licensing through this school. I support the principle was that an applicant for a linesman's certifi­ of a linesmen's school and I support the cate had !lo pole-climbing experience, not principle of improved training for linesmen. even workmg on low-tension mains. As a I can remember criticising the set-up that result of the conference the Act was amended existed under the old scheme before the to give the opportunity to an intending setting up of the Safety Council. Under that applicant to carry out three months' work on scheme, completely untrained persons were dea~ mains prior to his applying for a certificate. permitted to act as tradesmen's assistants to the linesmen. I have seen men who were I agree wholeheartedly with any moves, employed in a hole-sinking team graduate such as that now being introduced, that will to the role of linesmen's assistant without Electrical Workers and [28 MARCH] Contractors Acts Amendment Bill 2631 any training in resuscitation work. That is becoming more and more complicated could lead to a potential tragedy if a lines­ every day. The great problem is that it is man were caught on a live line, because his obligatory under the Act to maintain a assistant would not have the faintest idea 24-hour supply, so that a good deal of the how to rescue him. A maximum period of work is done on live mains. There should three minutes can elapse from the time of be a complete avoidance of working on live contact until resuscitation commences if mains if possible. there is to be any chance of saving the I have seen instances of highly dangerous patient's life. When working for authorities work having to be carried out. The pro­ I have seen untrained personnel-untrained cedure is that if it is advisable to take even in methods of resuscitation-permitted the supply from a whole street of consumers, to act as assistants to linesmen who were all that the electrical worker can do is to working daily within inches of a 415-volt request the co-operation of those consumers. supply. I appla:ud the fact that, because of All he can say is, "We want to cut the the safety conferences many of these practices supply off for 3 or 4 hours because we have have been eliminated. In the main, I pay to carry out certain repair work of a highly tribute to the larger local authorities for dangerous nature." I personally saw one being aware of the need to train personnel woman who said she did not want the fully in the various methods of resuscitation. supply cut off. She knew that we could It was generally accepted that, in certain not cut it off legally or interrupt it because circumstances, pole-top resuscitation could there was a guaranteed 24-hour supply. be carried out while the linesman was Because she said she did not want it cut strapped to the pole. While this was diffi­ off the work had to be performed on live cult, in some cases it was necessary because mains when it would have been much safer of the advanced stage of electrocution from to do it on dead mains. which the patient was suffering. It was That is a weakness in our electrical laws. always most desirable to get the victim to If there is danger to the linesman concerned, the ground as quickly as possible to apply there is no doubt that this work should either the Holger-Nielsen or the Schaffer be done on dead mains. The supply to method of resuscitation. With the advent places such as hospitals and hatcheries cannot of mouth-to-mouth resuscitation, most be interrupted, and mobile plants are used authorities were very quick to take advantage to maintain the supply. I know of many of this more efficient method. instances where linesmen have had to work on live mains because one consumer did I pay a tribute to those people in the not want the supply interrupted. It is electrical industry who have become much more essential to protect the worker conscious of the need for all persons, whether than it is to allow one consumer to do her linesmen or assistants-or even truck-drivers ironing. in the various gangs-to be familiar with I believe that the Government justified resuscitation methods. its action in introducing the restricted ticket Mr. Dewar: The S.E.A. deserves all the on the grounds that a good deal of this thanks. work, such as the connection of plugs to appliances, would be far more costly if Mr. SHERRINGTON: Yes, and the Bris­ done by a qualified mechanic and that it bane City Council. I worked for 15 years was unrealistic if the connection of a plug with the Brisbane City Council. to an appliance that was being serviced by Mr. Dewar: The S.E.A. bore the brunt a mechanic in some other field could not of this linesmen's school. be done under a restricted ticket. But I think there has been too much Mr. SHERRINGTON: I do not want to extension of the work that is being done launch into a dissertation on resuscitation, under this system. The latest information but I believe it is wrong in principle that I have is that maintenance work on the any authority should have to bear the respon­ electrical systems of cigarette-dispensing sibility of this school. All other tradesmen machines and drink-dispensing machines is are trained at the technical colleges as part being carried out by restricted-ticket holders. of their education. Why in this instance While the Government might have been able should the local authorities and regional to justify the connection of plugs to appli­ boards be forced to bear the cost of training ances by these people, I do not think it linesmen who work in the industry? could justify their working on machines that Mr. Dewar interjected. are being used and handled by the public. Mr. SHERRINGTON: I am not disputing Mr. Dewar: Do you know that whereas our restrictions are more severe than those that fact, but I am saying that this could in any other State, we have the worst accident well be part of our apprenticeship education record? system. If I have any criticism of the linesmen's Mr. SHERRINGTON: I am not arguing training school it is that the industry is that point. Quite frankly, I do not compre­ bearing the brunt of the cost. In the years hend which section of the industry the hon. to come there will be an urgent need to member is referring to. give careful and continual thought to train­ Mr. Dewar: I am talking about deaths ing methods associated with line work. It through electrical faults. 2632 Electrical Workers and [ASSEMBLY] Contractors Acts Amendment B;/1

Mr. SHERRINGTON: This must be people use such appliances in bare feet, without examined sectionally because there are so the protection of rubber-soled shoes. I many sections of this industry, as the hon. emphasise to the people of Queensland that member for Wavell would know from his they should never use portable electrical experience as a Minister; for instance, the appliances when on the ground unless they reticulation field, the appliance field, the have a rubber mat, a very dry bag, or a house-wiring field, and so on. Do not forget dry piece of board between them and the also that many of the fatalities that occur earth. The danger of a breakdown of are the result of a lack of understanding by resistance is always there, in which case the the person using the appliance. I remember saying here some years ago that at a college person holding the appliance becomes the in South Brisbane conducted by the Depart­ bridge between the live implement and the ment of Education young girls learning to do earth. laundry work as part of their domestic Mr. Smith: How about a Saf-T-Pak? Are science studies at school were using electric they any good? irons and standing on a concrete floor, which placed them in one of the most dangerous Mr. Dewar: The best advice you could situations possible when using portable give would be to use an isolation transformer. electrical appliances. Many of the accidents in recent years involving electrical appli­ Mr. SHERRINGTON: Not all people can ances have been caused by the user being afford them. The precautions that I have in direct contact with the earth without the outlined will save lives. Possibly some protection of a rubber mat. In that situation, members may wish that I was not here, but if an appliance becomes faulty the human I owe my life to the fact that I was wearing body bridges the gap to earth. rubber-soled shoes when on one occasion I accidentally picked up a live main during Many years ago the requirement to earth the course of my employment. I handled power outlets was relaxed in situations where it for about 10 minutes before I realised it it was not possible to contact the earth was a live main. Under normal circum­ whilst operating appliances from those points. stances, it should never have been alive. These are known as "unearthed" situations. As a result, many power outlets in houses in There is always a hazard in dealing with Queensland are not earthed, and no earth pro­ electricity, but there does not seem to be tection is provided for anybody using faulty sufficient public awareness of it. I use this appliances plugged into them. In many cases to reinforce my argument that a person with a person wishing to use an electric drill a limited knowledge of electricity and work­ or polisher on his motor-car plugs the lead ing under a restricted ticket must not be into an unearthed outlet and takes the allowed to carry out repair work on articles appliance downstairs. If it is faulty, he and appliances being handled every day by immediately becomes the bridge between the members of the public. That is a bad appliance and the earth. practice, and I urge the Minister to again There are a number of reasons for consider the question of restricted tickets. accidents with electricity, many of which In my opinion, grave dangers arise if we result from repair work carried out by unauth­ break down a system that guarantees that the orised personnel. That is the basis of my best possible knowledge is applied to argument today. I do not think that there electrical repairs. should be any extension of the type of work Hon. R. E. CAMM (Whitsunday-Minister being done by holders of restricted tickets. for Mines, Main Roads and Electricity) (5.46 Personally, I am completely and utterly p.m.), in reply: First I thank the Leader of opposed to restricted tickets. If the Govern­ the Opposition for accepting the proposed ment can justify their use for the work of con­ Bill. No doubt he will have more to say necting plugs to cords, it certainly cannot about it at the second-reading stage, when justify their use for repair and maintenance he will have had an opportunity of studying work on machines that are handled by the it. public and that could well become death traps. The hon. gentleman mentioned tradesmen who may qualify as linesmen. After com­ Mr. Dewar: Would you stop a man who pleting a suitable period on dead-line work, has built an appliance in a factory from these tradesmen will sit for the simple exam­ taking it back and repairing it? ination that will qualify them as linesmen. As the hon. gentleman knows, candidates for the Mr. SHERRINGTON: I would if he was job of a linesman must have attained the age not a qualified man. I cannot emphasise too of 19 years and must have had at least three greatly the danger of touching or using months' training associated with overhead appliances that are connected to unearthed electric lines. During this period they must outlets. If I may use this speech to give a have undergone and passed a medical exam­ warning of the dangers of electricity to the ination. As I indicated earlier, the training people of Queensland, I would advise them school is conducted in Brisbane by the South­ never to use a drill or any other portable ern Electric Authority, and all costs involved electrical appliance when standing on the in a candidate's attending the school, includ­ ground unless separated from the earth by ing wages, travelling expenses and living a very dry board or rubber mat. Many expenses, will be borne by the employer. Efec:trica/ Workers Acts, &c., Bill [28 MARCH] Succession Acts Amendment Bill 2633

l assure the hon. member for Carnarvon FIRST READING that the department has been considering the Bill presented and, on motion of Mr. conditions associated with linesmen operating interstate. Queensland linesmen can do a Camm, read a first time. linesman's work in New South Wales because they have the necessary qualifications; but SUCCESSION ACTS AMENDMENT BILL there is no certification of linesmen in New SECOND READING South Wales, and New South Wales linesmen are required to have a Queensland certificate Hon. P. R. DELAMOTHE (Bowen­ as electrical linesmen before being allowed Minister for Justice) (5.53 p.m.): I move­ to work here. Electrical linesmen employed "That the Bill be now read a second by the North West County Council have time." made application by letter, as I have informed the hon. member for Carnarvon by letter, to Hon. members will recall my detailed and the Electrical Workers and Contractors somewhat lengthy speech on the introduc­ Board for linesmen's certificates. Usually the tion of this Bill which was so given to assist board has recognised the experience of lines­ hon. members, while perusing the Bill, to men in New South Wales, and it has agreed obtain a better understanding of its amending to issue certificates to most of those who provisions. I now propose to reiterate briefly have applied. A few applications are held up the amendments of the Succession Acts which awaiting confirmation of experience, but it are contained in this Bill. They are- is expected that all applicants will be granted 1. The age at which a person can make certificates in the near future. a valid will has been reduced from 21 I have no hesitation in complying with the years to 18 years, or under the age of 18 request of the hon. member for Salisbury, years if the person is married. recognising that he has raised the matter of 2. The pro'l'isions of the Succession Acts safety provisions several times in this relating to distribution on intestacy have Chamber. However, that subject has been altered by- exercised the minds of many other hon. (a) Defining the next of kin who are members, and the hon. member for Salisbury entitled to share in the distribution of has more or less shared the idea with many an intestate estate. Apart from the men on this side of the Chamber, and also, spouse, issue and parents of the intestate, no doubt, on the other side of the Chamber. the next of kin wilt comprise the The work and research involved in the pre­ following:- paration of the Bill now before the Com­ mittee feU principally on the shoulders of (i) The brothers and sisters of the the Ministers who previously were in charge intestate: of electricity, but recently a little of it has (ii) The grandparents of the fallen on my shoulders. intestate; Any person working on electric lines is (iii) The brothers and sisters of a required by the Electric Light and Power parent of the intestate; Regulations to have instruction in resuscita­ (iv) The children of any brothers tion. It is one of the qualifications that he or sisters of an intestate who pre­ must be able to carry out that work. deceased the intestate; and Work on live wires is performed all over (v) The children of any brothers or the world, and I do not think it would be sisters of a parent of an intestate who acceptable if Queensland did not follow suit. predecease the intestate. However, there is provision in the Electric This provision of the Bill will Light anu Power Regulations that the replace the present procedure for electric authority may disconnect the supply ascertaining the next of kin, which of electricity at any time on giving notice to was the procedure applied in England consumers. One often sees advertisements prior to 1925. in the newspapers saying that supply of elec­ tricity will be suspended for a certain period (b) Removing existing anomalies in so that work can be carried out on the dis­ the share which each next of kin is tribution system in a particular part of the entitled to receive. At present, reference district. must be made to several enactments. The Bill sets out very clearly, by way of a In respe~t of restricted certificates, these schedule, the share each next of kin may have been 1ssued to men who service vending take according to the circumstances. machines and home appliances. They are men specially trained in that work and I am sure (c) Increasing from $2,000 to $20,000 they would have vast experience on the the share of the estate payable to the particular machines they are servicing and widow or widower where there are no could have a greater experience than a surviving children or their issue. This is certified electrician who may not be fully a first charge on the residuary estate and conversant with tbe circuit and operating will, on present values, secure the matri­ monial home and personal effects for the principles of the machine. I know that this surviving spouse. principle of restricted licences has been looked at very closely. (d) Increasing from $400 to $2,000 the net value of certain small estates Motion (Mr. Camm) agreed to. distributable by the Public Curator. The Resolution reported. Public Curator may only exercise this 2634 Succession Acts [ASSEMBLY] Amendment Bill

power where the intestate is not survived Mr. HANLON (Baroona) (7.15 p.m.): At by a spouse or lawful issue, by dis­ the introductory stage the Minister gave us tributing to an illegitimate child or very comprehensive details of the legislation children. and he presented us with a brief outline at 3. The Testator's Family Maintenance this stage. I do not intend to dwell very Acts, 1914 to 1952, have been consolidated long on the obvious desirability of much of and amended and inserted as a Part of the what is being done under this legislation. Succession Acts. The main amendments It is quite obvious that in these days, when comprise- people are marrying at a younger age than ( a) The extension of their application previously, and indeed in many cases are to the estates of persons dying intestate. acquiring property at a very young age, At present, application can only be made we should not deny them th·e right to under those Acts for provision out of state how they wish to dispose of their the estate where the deceased person has property if they should die. left a valid will. Under the Bill similar It is very desirable that the legislation application can be made for adequate should contain a further provision whereby provision where the person has not left a people who marry at a very young age, will. and even under 18 years of age, can make (b) The removal of its discriminatory a legal will. I recently noticed in the provisions applicable to children born out Press a comment on the wisdom of allow­ of lawful wedlock. These discriminatory ing minors to wed at a very young age, provisions are that the court must be as we do in exceptional circumstances. One satisfied that the deceased person during of the columnists in "The Courier-Mail" his lifetime acknowledged or recognised voiced the opinion that that is not desirable the illegitimate child as his offspring and even in the exceptional circumstances that that, if over 21 years, the illegitimate apply in such cases. I will not enter into child must have helped to build up or a discussion on that except to say that while conserve the estate of the deceased we continue to permit them to marry it person during his lifetime. This, of is wise to have the provision to drop the course, was completely discriminatory age below 18 for married people. compared with the legitimate child. That brings me to the Minister's plea (c) To enable the Supreme Court at this afternoon, when he asked the Press to a date subsequent to the date when it has try to bring to the attention of the public ordered periodic payments or has ordered generally the desirability of making a will a lump sum to be invested for the at an early age. Various suggestions have benefit of any person, to increase the been put forward to me as to how this provisions of the order. At present, the I court has power only to order some could be done, but am not particularly reduction where the person receiving the enamoured of them. Possibly the Minister benefit of the order has subsequently and his advisers, apart from making a general become possessed of, or entitled to, pro­ appeal which is successful at the time, but vision for his proper maintenance and which is more or less forgotten in a week support. or so, could try to find some means of draw­ ing people's attention to the need to make (d) To give a measure of protection to a will, particularly on marriage. It has been an executor or an administrator where suggested that the Minister of Religion, the the distribution of the estate of a Registrar, or whoever is performing the happy deceased person is properly made. No ceremony, should say to the people when statutory protection is at present afforded giving them the marriage certi~ca~e, "I am a personal representative who distributes giving you your certificate. Th;s 1s a good any part of the estate before the expira­ time to make a will. I will give you a tion of the period allowed for making an copy of a will or information about the application for provision out of the necessity of seeing a solicitor or availing estate (that is six months from the date yourselves of the services of the Public of the grant of probate or letters of Curator." I do not think that would be administration) even though the distribu­ quite appropriate although the hon. member tion is made only for the day-to-day for Barcoo says that, in some instances, needs of the immediate family of the it could be. There might be some cases where deceased person. they marry in haste and live to regret it, or I feel sure that all hon. members in this perhaps do not live long to regret it. With­ House will join with me in appealing with the out going to that extreme I thi:!lk that the utmost sincerity to members of the public on Minister, through his officers, should con­ the necessity of all persons not only to make sider ways of bringing this before people a will, but to have it made properly. I would at a suitable time by some means which hope that the Press would take up that aspect would not involve a great deal of expense. of the Bill so that it can be publicised far At the moment I cannot think of an appro­ and wide. Nobody can fully appreciate the priate way of doing it. The means that distress, worry and inconvenience which have have been suggested, which I mentioned, do resulted on many occasions because a person not appeal very much to me and I do not chose to make his own will rather than seek think they would appeal generally. The professional advice. Government should try fairly regularly to [Sitting suspended from 6 to 7.15 p.m.] contact the average citizen, particularly those Succession Acts [28 MARCH] Amendment Bill 2635

who have taken the step of becoming married, That amount was decided upon to ensure and bring to their notice the need to make a that in the great majority of cases the family will. The Government should bring to their home would be protected. attention the service offered by the Public Mr. Smith: There are two different con­ Curator, if they wish to avail themselves ceptions. In one case, he has made a will of it, or, if they wish, to see their own and indicated the position that he wants. legal advisers, urge them to do so. Mr. HANLON: I know that, but under It is also de-sirable that we set a definite the legislation and the previous Act, except limit to the classes of next of kin entitled to that this applies to intestate estates as well share in an intestacy. I do not think that as others, the opportunity was given, even any hon. member-even the Treasurer who when a will was made, for any person so has the obligation of gathering what he authorised under the Act to approach the can for the Crown to meet its obligations court and seek from it a ruling that the and commitments-would want the situation deceased spouse did not adequately provide to arise where any estate is forfeited or for the surviving one. I think that a woman passes to the Crown. But at the same in that position would be well armed in time I agree with the Minister that having quoting the opinion of this Parliament in taken this as far as grandparents and the that respect. descendants of grandparents we have gone Mr. Smith: I should hope that she would as far as we can possibly go unless we want have a better argument than that. what the Minister described as the shambles of trying to trace people so many degrees of Mr. HANLON: Probably she would. The kin away in accordance with the pre·sent question is raised whether this should be set requirement. This involves undesirable delays down as some form of fundamental right. and also means that people most remote Where somebody does not leave a will, it and quite unconnected and undeserving ultim­ seems to be fundamental that that should ately succeed to the estate. I do not think be provided. those people are any more entitled to the estate than are the general community if we I believe the Minister and the hon. member reach the limits that are being set in this for Windsor would agree that the rights of legislation. the court in determining whether adequate provision has been made are quite extensive The necessity of protecting the matrimonial and are not based, as are most court home has been recogni-sed, and the first decisions, on something concrete but on the charge for the widow in the distribution opinion of the court as to whether adeqnate of an estate in intestacy, if there is no issue, provision has been made. In one particu!ar is to be increased from $2,000 to $20,000. case-in re Barron (1955)-Mr. Justice That is a desirable step, because, as the Townley found that the testatrix, who had Minister said, it has been found in certain left all of her estate valued at £12,587 to circumstances that the widow has been in the Brisbane Legacy War Widows and the invidious position of having to sell the Orphans Fund for the charitable purposes family home to arrange the distribution of thereof had failed in her moral duty to the estate. There may be some conflict here if, the applicant. I stress the words "moral in dealing with estates in intestacy, we set down legislatively that we regard it, in effect, duty". The court, under the authority of as a moral obligation of the testator to leave the Testator's Family Maintenance Act, the family home to his widow. In bringing now to come under the Succession the previous provisions of the Testator's Act, found in that case that the Family Maintenance Act into this particular testatrix had failed in her moral duty legislation and in applying them to estates to the applicant, who was her only child in intestacy as well as to estates where and an able-bodied married man with two a will exists, we are suggesting very strongly, young children and employed at a salary of as a legislature-and I am not saying that £858 and with assets of about £770 apart this might not be desirable-that where from a home mortgaged to £2,475. there is no will or only a partial will it is There was a case in which one would feel fundamental that the matrimonial home that in making her will the testatrix must have should go to the widow. Surely that would felt that she had some good reason for not provide a strong argument for a widow providing for that child. He was not, for who under a will was denied the family examnle a minor requiring education; he home, or for whom provision was not made was a ~arried man w{th his own home and to the extent of the family home. She in receipt of what was for those days quite could say to the court that she had been a good wage. Nevertheless, the learned denied adequate provision by her deceased judge in deciding the matter said that she husband and, pointing to this legislation. sav, had, in his opinion, failed in. her moral duty "The Parliament of the State, in its wisdom, to the applicant in not havmg made provi­ has decreed that if my husband had not sion for him. His Honour ordered that the left a will I would have been able to claim applicant be allowed £5,000 of the £12,587 a first charge of at least $20.000 if the free of duties. estate extended to that amount". I point out that this applies only if there is no I think it was mentioned by the Minister issue and the estate is being distributed and the hon. member for South Brisbane between the widow and other next of kin. at the introductory stage that New Zealand 2636 Succession Acts [ASSEMBLY] Amendment Bill

was the originator of protection for people that I am very happy to welcome. It is a in these circumstances. In 1954 in the tangible effort to bring under one cover Supreme Court of New Zealand it was held provisions relating to estates, be they testate that a wife who after 30 years of marriage or intestate, and also to provide for the dis­ had deserted her husband and their infant position of property in intestacy in a more son seven years before his death, and whose realistic fashion than it has been provided application for maintenance and separation for up to date. on the grounds of cruelty had been dismissed The present form of distribution on by the Magis.trates Court, had not thereby intestacy is a very complicated schedule and, automatically forfeited all claim to provision as hon. members can see from the printed out of the husband's estate. schedule that I have here, can occupy a full I quote those two examples of case law foolscap page. It contains about 20 clauses, merely to show that under the provisions and it is divided further into the position of the Testator's Family Maintenance Act before 1943 and after 1943. It is not the now to be incorporated in the Succession easiest of matters to consider, and the wav Act-and rightly so-the court can act to in which it is now proposed to deal with 1t set aside wills in circumstances that the appeals to me much more. average person would say were not sur­ The hon. member for Baroona raised a rounded by extraordinary conditions requiring couple of points that, while quite interesting, special provision for any dependent or sur­ need not concern the Chamber very much. viving issue of the testator. For that reason, Firstl'y, he questioned the result of setting I am not quite happy •about basing out provision for a wife >vhen she is the the increase in the first charge for sole person to take under an intestate estate the widow on the estate from $2,000 to and giving her the house up to $20,000. We $20,000 on the right to the matrimonial have previously had provisions for disposi­ home. Personally, I agree that it is desir­ tions on intestacy, and those provisions have able that a widow should not be dispos­ not weighed heavily on judges when they sessed of the matrimonial home as a result have been making decisions under the of legislation setting out the distribution that Testator's Family Maintenance Act, because this Parliament lays down in an intestacy. under that Act, and in future under this However, I think something of a counter­ Act, the people who were to take under a will argument is being made by doing that in a and who were dissatisfied could go to court case in which somebody does not leave a and seek to have their share increased. Many will and taking no part in the matter in a wives went to court seeking to have their case in which a will is left. I think that share of their husband's will increased. When argument could be used quite well by a they went to court, they had the present widow if she is not provided for by her intestacy provisions out against them, just as husband's will at least to the extent of her a wife wiii now have these provisions out matrimonial home. against her. The other matters raised by the Minister Moral duty does not come into the intes­ dealt with the protection of the person tacy, because the man has not made a will. administering an estate. Again, that is I£ he has made a will and has made dis­ probably something that should have been tribution of his property, then the court will done earlier. It seems logical that the say whether or not he has discharged his administrator of the estate should have the moral duty to the beneficiaries. If he has protection that the Minister proposes to give made provision for his wife during his life­ to him. The additional powers that it is time-he might have made very adequate proposed to confer on the Public Curator in provision for her-the court would possibly small estates only match, I think, the fall say that the provision which left her the in the value of money, and members of the proverbial shilling discharged his moral duty. Opposition are not opposed to them. Mr. Hanlon interjected. In referring at the introductory stage to the decision to allow persons of 18 years Mr. SMITH: He may have shown that and married persons under that age to make he had applied his mind to the problem. a legal will, the Minister did mention some He may have shown that he had treated of the difficulties regarding servicemen his wife very well during his lifetime and that ,have arisen under the Wills Act had made provision for her by giving her, of 1940. The hon. member for Windsor say, $60,000 in shares. The court might enlarged on those difficulties at the then consider that he had clearly displayed introductory stage and has now circulated some satisfaction of his moral duty. an amendment. I think that was the only Mr. Hanlon: If he does not do that she real query that was raised. As the hon. might still apply? member for Windsor intends to deal with it, I shall not canvass it until such time as he Mr. SMITH: No. she may not, because has done so. he may set out in his will that he had made adequate provision for his wife. She may Mr. SMITH (Windsor) (7.32 p.m.): The have property of her own, which does not measure before the House, which was require him to make provision for her and explained quite fully by the Minister at the it might be much more important that he introductory stage, is one of the steps towards provide for the issue of the marriage-the revising and reforming the laws of this State children-who might be in need of it. Succession Acts [28 MARCH] Amendment Bill 2637

I should say that we need have little worry experience that on enlistment a man is given about the fears voiced by the hon. member a will form and told to take it away and for Baroona in this regard. Provisions laid fill it in~ I do not know what your know­ down by the Testator's Family Maintenance ledge of laws and wills was at that time, Act will, of course, be relied upon in but I think there are 90 chances to one that applications under this Act, because this the will you made was bad in form. So that Bill is simply some kind of consolidation risk is taken today. Usually a youthful between the Testator's Family Maintenance recruit would not be able to properly fill Act and the Succession Acts. in the will form handed to him. He takes away the form and fills it in. When he The other matter raised by the hon. mem­ brings it back it may be well and truly ber was the will form handed out by the filed in the records of the Army, Navy or clergyman or the Registrar-General, who­ Air Force but it is almost certain to be ever performs the marriage, at the time defective in some way or another. of the marriage. It is about these forms that I want to speak tonight when I am Mr. Hanlon: Do you think we should get moving an amendment at a later stage. a Judge Advocate-General to assist each recruit? Mr. Ramsden: You fought hard for that amendment. Mr. SMITH: No, I do not think it requires a Judge Advocate-General, but someone Mr. SMITH: That is so. If anyone can with a knowledge of Jaw. We can do this judge a fight it is my friend, the hon. within the armed services, but I am talking member for Merthyr, who has fought bard about this State taking the lead for the and long for clean air in this State. We whole of the Commonwealth. Frankly, I have tangible evidence of the results of feel that the Jaw relating to wills of service­ that fight for clean air in this State, and men and service-women should be a Com­ I wish him great success in that regard. monwealth matter, because servicemen and Mr. Ramsden: This is one credit the hon. service-women are posted from State to member for South Brisbane cannot take from State. It is desirable that, irrespective of you in five days' time. what State they finish in, the will they have made should be effective in that State. Mr. SMITH: The use of the will forms We can legislate for wills within the to which I refer is inherently dangerous. boundaries of Queensland. We have no When anyone hands out a form to a would-be extra-territoral powers; we cannot legislate testator, who may know little about what beyond the bounds of Queensland. How­ he should be doing, he may fill in the blanks ever, we can make sure to the limit of our but he may not date it; he probably will capacity here that serving members of the not revoke any former testamentary pro- armed services are not disentitled, and it vision he has made; he may not appoint is to that end that I make this suggestion executors; and he may not name his estate. tonight. It is probably worth while recounting a Mr. Bennett: That is a matter that I raised little bit of the historical background to the other day. the serviceman's will. It is a privileged Mr. SMITH: This must have been the will, and the reason it is privileged is the richest contribution the hon. member for difficulty of making wills that faced people South Brisbane has made at his two appear- on campaigns. But part of the difficulty ances this session. in today's interpretation of wills of soldiers. sailors and airmen is that conditions of war Ready-made will forms have always proved have changed. Those hon. members who a trap. I should think it would be far have studied historv will realise that the better to try to educate the people of this war of the Crusaders, the war on the battle­ State in their rights and the obligations field at Hastings, and even the war of they owe to themselves, their wives and their Napoleon's day, were totally different from families in the matter of making testamentary the war of today. Today it is total war; distribution, but how we can get people everyone is involved. to make a will when they simply recoil In the days of the Roman expeditions the from that subject because they fear that men who went forth to battle could write it presages their deaths, I do not know. their wills in their own blood in the sand, As someone once said, "All men think all and those wills would be recognised. That men mortal but themselves". I think that situation does not exist today. What we is the way it goes. Everyone is prepared have to face up to now is that with the total to recognise the other person's ability to war today a person may enlist and in a verv die but not his own. short time be embroiled in active service. While on this question of will forms, as That is quite possible. a practical way out of the difficulty let Down the years, from the expeditions me touch on the matter of the amendment of the Roman days to the mariner on the that I propose to move. This amendment seas and the soldier in actual military ser­ is framed to ensure that anyone who joins vice referred to in the Statute of Frauds one of the armed services and makes a in 1677 and the Wills Act of 1837, and in will, presumably on a form supplied by that our statutes later on, we have had to look service, is protected. You, Mr. Deputy at the phrase "in actual military service" Speaker, would know from your ownand try to work out what it means. The 2638 Succession Acts [ASSEMBLY] Amendment Bill fact that that is a difficult task can be of the formalities that the Succession Act clearly exemplified by recent cases in our would require. It would require a will to be own courts. I will cite just a couple to executed and witnessed. show hon. members that it is not an easy These are formalities the Statute of Frauds phrase to determine. required from 1677 onw:~rds. This is one of Last year, "Sunday Truth" newspaper, the formalities from which the privileged which circulates in this State, published an wills of sailors and soldiers of those days were article headed, "Court to untangle will of exempted. In any event, the judge in this case soldier". The article read- took judicial notice of the fact that when the will was made the war was not far distant "The Supreme Court has been asked from the shores of Australia and he upheld to solve one of the most poignant tangles the will made in 1943 at Mt. Isa. of the Vietnam war. Hon. members can see that a pretty tangled "The case involves the validity of a will web has to be sorted out to decide whether made by a young Brisbane soldier killed or not a will made by a serviceman is made in Vietnam. on active military service. "The soldier, Richard William Cliff. was Lord Denning, Master of the Rolls as he one of three Australians killed accidentally now is-then Lord Justice Denning--gave by New Zealand artillery on February 7 a decision in the Wingham case, which I this year. referred to earlier in this debate. It is "Ciiff, 21, was a gunner assigned to reported in 1948 All England Law Reports, the infantry as an observer. He had Volume 2, at page 908. At page 913, Lord enlisted in the Regular Army 18 months Denning said that it was a mistake to take before. the test of the Roman campaign, or "in "When the Army advised Cliff he was expeditione", as it is called. He said that going to Vietnam he made a will although to go back to that test was incorrect, and he he was then under 21. criticised the judgment of Sir Herbert Jenner "Legislation governing wills made by Fust, who fell into error in doing that very armed forces members under 21 covers thing. Lord Denning said, when talking about only those on war service." going back to the Roman days- "If I were to inquire into the Roman I would say that nine out of 10 people who law, I could, perhaps, after some research, were asked about that would have thought sav how Roman law would have dealt with that that man's will, made in contemplation its. soldiers on Hadrian's Wall or in the of his going to Vietnam, after he had been camp at Chester, but I cannot say how it told by the military authorities that he was going to Vietnam, should have been valid. would have dealt with an airman in The position is very confused. Saskatchewan ..." We have to realise that there are changes in T will continue with the article- the concept of \> ar and there must be "Military authorities had warned Cliff he changes in the way we deal with the wills of was to proceed overseas on active service soldiers, sailors and airmen. In the Roman before he made the will. But he made it days, when on expeditions, they fought at before he actually went to Vietnam. certain times and in certain places. Today "Legal officers in the Public Curator's one does not know where a war will break Department could not decide whether or out or when death may come to a member of not Cliff was on active service when he the services. made the will." I feel that. in 1940, when the Wills (Soldiers. That h~s to be decided. Sailors and Members of the Air Force) Act was passed, it had three important ends in There are other cases. Only last year there view. It made it clear that a member of the was Ward's case, which I think I cited earlier. armed forces could dispose of any of his He was a man who was serving in Mt. Isa personal property in the same way as people during the last war. While there he executed a had been able to do for years past. It also will, on 2 March, 1943. I do not think any­ permitted such a person to dispose of his one here would think that Mt. Isa was a real property. This was a significant distinc­ theatre of war. tion. The third thing it did of moment was l\1r. R:tmsden: You should have been up that it allowed a person under the age of there when Mackie was on. 21 to make a will, and made it quite clear that a person under 21 could make a will Mr. SMITH: I am talking about a war with and, by that will, dispose of real estate. hostile forces. Now we have the age for making a will This man made his will in 1943 when he set at under 18. This will be one of the first was at Mt. Isa as a member of the Austra­ steps that we are taking towards recommend­ lian Military Forces. He died in 1965 and ing 18 as the legal age for many other that is the will he was relying on, just as activities. We have dropped the age below 18 many members of the services in the last war years for the services. Those who watch are probably relying on a will that they made television will no doubt recall the advertise­ between 1940 and 1945. His will was executed ments saying, "Join the Army and get a full on 2 March, 1943, and he appointed his wife wage at 17." as executor, giving her the whole of his estate. Mr. Bromley: You know that they are being But his will was not witnessed. That is one knocked back by the thousands. Succession Acts [28 MARCH] Amendment Bill 2639

Mr. SMITH: I can understand the hon. I dealt with the pitfalls of using the pre­ member being knocked back for other than pared typewritten forms of will that are age reasons. distributed by various organisations. It is The position is that people under the little use the hon. member for Windsor age of 18 can enlist in the services. If they saying he would like to issue a warning are prepared to risk their lives for this about the use of such forms because he country, it is time the country recoanised has done nothing, as a member of the what they are doing. Because they can"'enlist Government, to see that legislation is intro­ before they are 18 years of age and because duced to prevent their publication. I am the decisions show that they can be on surprised that the bias evident in the Lands­ service judged to be actual war service while borough campaign is entering this debate. within the shores of Australia or elsewhere It is perfectly manifest and obvious that the we can provide, by the amendment that Minister for Justice made it clear in Caucus i that he will not accept the suggestions or p~opose to move at a later stage, that their wills shall be valid. I point out that this amendments of the hon. member for does not cover the merchant seaman. He Windsor. We therefore have to be subjected is still covered by these provisions, dating to this amendment put forward tonight. back to 1677, that a seaman or mariner on Mr. DEPUTY SPEAKER (Mr. Hooper): the seas can make a will whether it com­ plies with all the formalities or not. Order! In closing, I repeat my warning against Mr. BENNETT: I am dealing with the the use of the ready-made will form by amendment proposed by the hon. member for someone not knowing what he is doing and Windsor, who spoke to it at length. trying to make a will on his own. He needs good advice from someone apprised of his With the hon. member for Baroona, I feel position and of his financial circumstances that the principle contained in the amend­ so that he can make sure that the person ment is quite desirable. However I am making the will discharges his moral duty wondering if the hon. member for Windsor to his beneficiaries and makes a wise dis­ has been able to convince the Attorney­ position of his property, thus avoiding the General that it is a practical legal amend­ possibility that his property will be eaten up ment. The hon. member told us in one part in the costs of court or that his estate will of his speech that we can legislate only for Queensland and Queenslanders. The amend­ be administered in intestacy, which would ment proposed relates to members of the defeat his aim in making a will. defence forces of the Commonwealth. Either Mr. BENNETT (South Brisbane) (7.52 the hon. member consciously avoided describ­ p.m.): Mr. Deputy Speaker-- ing how the proposed amendment could in practical f~shion, be implemented, or he ~as A Govemment Member interjected. hopelessly Ignorant of the difficulties that will Mr. BENNETT: In response to the inter­ present themselves if the amendment is jection, I mention that I always have a carried. good professional day. If the hon. member As the hon. member for Baroona said, reads the newspaper in the morning he members on this side of the Chamber, will see that I had a man freed of a charge because we endorse the principle involved in of murder. it, are prepared to support the amendment, Unlike the hon. member for Windsor I but one would expect a qualified lawyer who am so dizzy dealing with current problems is moving an amendment to indicate clearly and the functions and obligations of the the practicalities of his proposal. If the Government, the courts and the people under Attorney-General has been advised on the the present-day Succession Act that I have ~mendment, no doubt he has already been no time to delve into antiquity and discuss mformed that it will not be easy to write what happened in the days of the Roman satisfactorily into the Succession Act and Empire which has little relevance to our the Testator's Family Maintenance Act the principle involved in the amendment of the present discussion; in fact there is no Ion a er a lecture on that subject at the universlty. hon. member for Windsor. In the absence of the hon. member last However, as I did mention last Tuesday week when the hon. member for Windsor Tuesday evening, the hon. member for was not here-- Norman made a very apposite and practical interjection during the Minister's introduction Mr. Smith: I was here all right. of the Bill. Mr. BENNETT: The hon. member was not here. I mentioned certain aspects of Mr. SMITH: I rise to a point of order. I testamentary incapacity and other matters in was here when the Minister introduced the Bill. The hon. member for South Brisbane the absence of the hon. member for Windsor was not here then, and he is quite incorrect who, since that time, spoke under privilege in saying that I was not here. I was the one because he was not here to deal with me who was here and he is the one who was at the time of the debate. He has seen fit, absent. as he usually does, to endorse in the main the submissions that I made last' Tuesday week Mr. DEPUTY SPEAKER (Mr. Hooper): on the introduction of this Bill. Order! The hon. member for South Brisbane. 2640 Succession Acts [ASSEMBLY] Amendment Bill

Mr. BENNETT: The hon. member for in principle, is Jacking in substance from the Norman asked by interjection if any proposal point of view of practicality. He has offered had been made for a common Act throughout no argument to show how it could work, and the Commonwealth. What he was asking was I challenge and defy him to show hon. mem­ whether such a proposal had been discussed bers how it could work in the form in which by the various Attorneys-General, as was he proposes it. done in the case of the Companies Act. I understood from the attitude of the Minister Then there is the soldier who executes a that no such discussion had taken place. will in another State, possibly in relation to Mr. Porter: Does the hon. member think property he owns in this State. In what that is necessary? way can that effectively be regarded as a valid will, seeing that the laws of his home 'VIr. BENNETT: I shaH come to that. State will apply to the legality and validity of his own will? Again the hon. member Mr. Porter: Queenslanders do not stop for Windsor has· not made any reference to being Queenslanders when they join the Services. that position. I believe that the case could have been Mr. BENNETT: That is the very reason better served by the assurance of some mem­ why there is difficulty in the proposed amend­ ber of the Government, preferably the ment. I wish the hon. member would only Attorney-General, that the suggestion made lis ten to a little logic instead of trying to de a I by the hon. member for Norman had been with me as he dealt with the Treasurer at accepted by the Government a~d that some Landsborough. I can assure the interjector cohesive arrangements were bemg made to that I shall deal with him more effectively have common legislation on this subject than did his Leader, because, unlike his Leader, I am not frightened of him. throughout the Commonwealth of Australia so that the principle could be made to work. Before I was distracted I mentioned the At the moment, it cannot be made to work interjection of the hon. member for Norman with this simple amendment. because I thought it was the most salient point made by interjection during the entire Mention was made by the hon. member debate. I cePtainly believe in maintaining for Windsor that the proposed amendments the identity of this State and its complete of the Succession Act will avoid expensive independence, but I do not believe in doing litigation. I merely say that, if that goes that at the expense, and to the disadvantage, in as it is suggested-- of the taxpayers whom we represent. If it is necessary to have some common form of Me. Smith: I did not say that. legislation in the interests of all Australians, Mr. BENNETI: I understood the hon. I think that this Parliament should put its member to say so. It is a pity that the hon. pride in its pocket, as it has done before, member does not say what he means or mean and try to adopt some uniform legislation so what he says or know what he is talking that State legislation will be effective in its own field. about. That is the impression he gave me. In any case, that claim was made. Unfor­ The Minister quite properly told hon. tunately, it was not made, according to him, members when he introduced the Bill that by the hon. member for Windsor. It should we only legislate in this field for Queens­ have been made by him, and I think that land and Queenslanders, so the proposed the proof of the hon. member's speech will amendment is going to be a very difficult indicate that it was made by him. In any one. A member of the Defence Forces of case, whoever did make it deserves credit for the Commonwealth, generally speaking, claiming that it will avoid costly litigation refers to any young Australian in uniform in the interpretation of wills and the adminis­ over the length and breadth of Australia. tration of estates. I can only say that if the Unless we have reciprocity with the various proposed amendments are accepted by the States of the Commonwealth, can we effec­ House, the lawyers not only in this State tively legislate in State legislation for a but in many other States will reap a harvest soldier under 18 years of age, who happens from cases to decide whether wills made by to be in Queensland when he is making his young soldiers are valid or invalid. will, to make a valid will in relation to his estate, his possessions and belongings in So much for the proposals advanced. In some other State? view of the submissions made in the intro­ ductory debate which were endorsed and Mr. S.mith: The position was exactly the adopted by the Attorney-General, I did same in 1940 under the Wills (Soldiers, hope that something would be done in the Sailors, and Members of the Air Force) Act. interests of the community by making the Public Curator the only public trustee auth­ Mr. BENNETT: That legislation is com­ ority in Queensland, and I use that term pletely different from this. I realise that, in a general fashion. I concede that private with a lot of machinery legislation and with solicitors should retain the right to make the Commonwealth Government on side, wills and administer estates because they such a principle, which members of the are qualified men who understand the law Opposition support, could be adopted effec­ and who are almost invariably personally tively. But the amendment proposed by known to their clients. They are like the the hon. member for Windsor, although good family doctor. Succession Acts [28 MARCH] Amendment Bill 2641

Mr. Rae: Many solicitors have been solidly on the land. They know what hap­ responsible for much involved administration pened in their own estates and that of their of estates. They are not as competent as families. It is only the new grazier who you would have us believe. thinks it is socially right and in line with Country Party policy to go to Queensland Mr. BENNEIT: I am prepared to con­ Trustees. The day will come, I am sure, cede that some solicitors, who are in the minority, make mistakes in the administra­ when the intelligence that the hon. member tion of estates but certainly the Queensland for Gregory obviously displays here will Trustees and the Union Trustees make more lead him to make inquiries into such matters. errors than any other authority in Queensland He will then hesitate about leaving his in relation to the administration of their estate in the hands of Queensland Trustees business. and will make sure that he takes it elsewhere. It may be thought that I am putting up an I would not try to tell Wally Rae how argument for private professional men, but to break in a horse and I do not see why he there is nothing further from my intention. should expect that a layman, who knows nothing about the law, should be vested with I have listened over the years to the sad authority to administer his or anybody else's stories about the administration of estates. estate when there is so much at stake. No public companies should be given pro­ tection so that, in effect-to use the expres­ Mr. Rae: They have qualified lawyers. sion of an eminent lawyer-they are only bastard companies. They are not lawyers, Mr. BENNEIT: I can assure you, Mr. they are not businessmen, they are not com­ Deputy Speaker, that if they have they are pany magnates; but they are operators with­ few and far between and there are years out qualifications, who come into the legal when they have none at all, because Queens­ field to do professional work, and who like land Trustees and Union Trustees are havens for those who fail to qualify and who share sharks fleece their clients. That is cannot get a job in the law anywhere else. what they do! I could name the widow After they fail in their examinations they of a well-known solicitor who operated in end up at the Queensland Trustees and the Queensland for a long time. She rang me Union Trustees; they are friends of some with a very pathetic story when she read wealthy grazier who has influence with these "The Courier-Mail" the other day. She said trustee companies and who is prepared to she did not want any publicity but made get them a job because they cannot find it quite clear to me that a block of flats work anywhere else. Anyone who has any her husband owned at Redcliffe were going respect for himself as a potential lawyer to be sold by the trustee company for would completely refuse to go to the Queens­ virtually a song. Her bank manager said, land Trustees or the Union Trustees because "If it were not that I knew you and your he would be hopelessly degrading his status deceased husband, I would buy the flats in the law and as a lawyer. As I say, myself. They are such a great bargain. they are havens for the incompetent and But in order to prevent the dishonesty of unsuccessful man who has practised law the trustee company I will advance you the and who cannot get anywhere else. money from my bank so that you can buy the flats from the estate in your own name." Since I made my speech last Tuesday week This is absolutely true. The phone call I have been daily stopped by people who say, "Mr. Bennett", or "Col", as they choose came through at 7.45 a.m. last Wednesday to call me, "you are completely right". I week, the morning after I spoke on this happened to meet, in Turbot Street the subject. The pip-squeak from the trustee next morning, a big business man from the company, who is only a young man without North whom I had never met before and qualifications, came down to see her. he walked with me to George Street and Obviously he had had the idea of selling told me how his father's estate had been the fiats to some mate. They often do put into a state of bankruptcy by the incom­ that. It is downright dishonesty. Officers petence of Queensland Trustee Company. I of that company sell property to their friends, can produce correspondence and I have had thus denuding the estate of a valuable asset. numerous telephone calls to prove the sad Mr. Lloyd: Are they getting a "sling"? and sorry effects of these trustee companies over the years. Mr. BENNEIT: I do not doubt that that I do not say disparagingly of the hon. would be one of the conditions of the bargain, member for Gregory that he is a man who as the hon. member for Kedron says. has acquired his wealth and his property during his own lifetime. I admire him When this young fellow did go down to for it, but I can say with confidence that Redcliffe, he said in a sneering fashion, had the property been handed down to him "Where are you getting the money to buy by his grandfather through the agency of your husband's block of flats?" He was Queensland Trustees, as trustees and most disdainful. He was very annoyed executors of the estate, he would be carrying that his proposal to sell the flats had been his swag now. That is how good Queens­ thwarted by an honest bank manager from land Trustees are. I say that from mv own Redcliffe. The hon. member for Redcliffe experience and that of third generation Aus­ might have some indication of the man to tralians whose forefathers have worked whom I am referring. ss 2642 Succession Acts [ASSEMBLY] Amendment Bill

This lady's husband had a rather valuable Mr. BENNETT: I took down what the car. This same individual came down and hon. member said. said to the widow, "How can you afford Mr. Smith: You have not taken down to run this big car of your husband's?" what I said. I should like to refer to him in other terms but I refer to him as an "individual" as Mr. BENNETT: I know what the hon. I do not want to become unparliamentary. member said although I do not know how Incidentally, the assets in the estate were very the shorthand-writers have taken him down valuable but the liquid money in the estate the way he talks. A reference was made by was negligible. So the trustee company that the hon. member for Windsor to the fact was administering the estate had the "wood" that the courts will now be able to insist on this widow, as it thought, to enforce that testators discharge their moral duties, or a cheap sale of this block of flats. The same words to that effect. individual went down and made some adverse comments about her being able to run her Mr. Smith: You have not followed what husband's big car and he added, "My brother I said at all. is very interested in cars". Mr. Sherrington: You must agree it would A Government Member: When was this? be most difficult. Mr. BENNETT: Last Wednesday week. Mr. BENNETT: As the hon. member for Mr. Houghton: Have you named the Salisbury said, I tried to read intelligence into trustee company? the garbled sayings of the hon. member for Windsor and I gave him credit for some Mr. BENNETT: There are only two of standard of intelligence. I do admit I got them. It is one of them. The hon. member hopelessly misled by his inarticulate ways. for Redcliffe must surely know if he is a It is not the function of the court to stand lively member in his own community. If he in the shoes of the testator. It is the is an intelligent representative he must surely function of the court in the case of families know to whom I am referring. If he does to ensure that no gross injustice is done to not know he can easily find out. I am sure any member of the family or dependants. I that the self-same widow is prepared to tell hope that by this legislation there is no sug­ him her story, but she does not want any gestion that a Supreme Court judge, or the publicity. I feel sure she could tell him Supreme Court, will supplant a testator who, a lot more than I have told this House after all, knows his own family better than tonight. anybody else. I have gone far enough to indicate clearly that these trustee companies are not only Mr. Smith: What I said was that this would incompetent, but also that their legal make no difference; simply that the Testator's arrangements, in the legal sense of the term, Family Maintenance Act has come into this are hopelessly dishonest. No qualified lawyer one. with any self-respect would work for them. Mr. BENNETI: I thank the hon. member I should like to hear from the hon. mem­ for his assurance that that is what he said. ber for Windsor on this subject because so far as I know my submissions have met with Mr. Smith: That is what I said to the hon. complete approbation from all practising member for Baroona who said that it might lawyers. I have received support from some be different. of those who get briefs because of the bad Mr. Hanlon: I quoted "in re Barron" in work of the trustee companies. If there is which Townley J. held that the testator had to be law reform in Succession and the failed in his moral duty. I gave that as an Testator's Family Maintenance Act, in my example of a judge having so held under the opinion the time is long overdue for legis­ Testator's Family Maintenance Act. I do not lation to be introduced to abolish the trustee know what the hon. member for Windsor companies. Alternatively, their statutory said. authority should be carefully considered in order to ascertain what further strictures can Mr. DEPUTY SPEAKER (Mr. Hooper): be placed upon them by insisting that they Order! The hon. member for South Brisbane. be administered by qualified lawyers and Mr. BENNETT: It seems to me that the hon. that they adhere to honest business standards member for Windsor speaks better when inter­ so that they cannot sell valuable assets in jecting than when he is launching his own estates to their friends in the business world. attack without direction. If he is guided A reference was made to the fact that this along certain lines he can make some intel­ legislation will enable the courts to insist ligent comments. that testators discharge their moral duties. Mr. R. Jones: He said that he would reply Previously, that aspect was covered by the to you when next you are absent. Testator's Family Maintenance Act which is now being written into the Succession Act. Mr. BENNETT: No doubt. He enjoys I do not altogether agree with the generality speaking under privilege when the person he of the submission made by the hon. member attacks is absent. for Windsor. I was about to say that in spite of what was Mr. Smith: Your friend from Baroona said it is not the function of the court to made the submission. supplant the will of a testator. It is the Succession Acts [28 MARCH] Amendment Bill 2643

function of the court to see if any grave would want to see his estate distributed injustice has been done to a member of a other than by taking into consideration all family, and any member of a family who is children, including any adopted children. excluded from a will has the right to make a I too in this modern age believe that in claim to be included. Of course, it does not the' mai~ there should be no differentiation necessarily follow that he should or will be between legitimate and illegitimate children, included; he has to prove some entitlement although this can allow some heartburnings to disposition in the will that has excluded and injustices to creep into the administration him, and that is only fair and proper. We of estates. I know of cases in which the live in a democracy where it is the right of husband left the matrimonial home, found the individual to see that his estate, generally himself a paramour or de facto wife, and speaking, is distributed according to his will. had some illegitimate children. Very often It is only in cases where he has been malic­ ious or unfair or has completely overlooked farming properties are involved in these his parental obligations that the court will matters, and very often injustices creep in. interfere, and that is how it should be. With the wife, the legitimate children stay at home and work the farm, putting in long I was rather amazed to see, in a large hours to build up their father's estate, estate, that the law was held to be that there depriving themeselves over a period of years was no obligation on a mother to provide an of decent education and the things that most interest in her will for her two sons who had teenagers and other young people enjoy. worked assiduously for their father and with their father in a big plumbing business in They then frequently find, much to their Kangaroo Point for a long period of years. bitterness, that on their father's death the On his death, his estate was bequeathed to illegitimate children, who have enjoyed life his widow, and they did not disagree with in the city, seen television and everything that. They continued to work assiduously in else that goes with city living, had a reason­ the plumbing business for a further period of ably good education, and wanted for nothing, years. Also in the family there was a share the estate with the widow and the daughter of some high social status in the legitimate children of the intestate father city and State in recent years, and the mother who left them on the farm to toil, sweat became so impressed and infatuated with her and labour without his protection and guid­ daughter that she left the whole estate to ance. Whilst I agree that it would be hard her even though for many years the sons and very unsatisfactory to differentiate virtually performed most of the work in the between legitimate and illegitimate children, business for their ageing and ailing father. it seems rather harsh that a child who has On an application under the Testator's worked all his life on a farm should have Family Maintenance Act it was held that to walk off it on his father's death because even though the sons were responsible, after it has to be sold so that the proceeds can the father's death, for the accumulation of be distributed between all dependants of the whole of the estate in the mother's will, the deceased, including legitimate and illegi­ there was no obligation on her to provide for timate children. the sons. The daughter, who had lived a life of social stardom-and I am not being dis­ Hon. P. R. DELAMOTHE (Bowen­ paraging of her-who had remained in the Minister for Justice) (8.29 p.m.), in reply: public eye most of the time, and who was There are one or two points on which I married to a man in a comfortable and should like to comment. The first is the affluent position, got all the estate. It was question raised by the hon. member for ruled by the late Sir Roslyn Philp, Senior Baroona of finding some way in which people Puisne Judge, who was a good lawyer and could be alerted from time to time to the particularly skilful in that field of the law, necessity of making a will. Having nothing that the will could not be disturbed because better to do whilst the hon. member for the law as it stood then clearly said that there South Brisbane was talking, because there was no obligation on the mother to provide for was not much worth listening to in his her two sons who had been responsible for speech tonight, I thought that it might be the accumulation of the estate. It seems to possible to arrange that people have their me that if that is good law, which I believe it to be seeing that it was a decision of the moral duty to make a will brought to their late Sir Roslyn Philp, there could well be an notice when they go to a clergyman or the amendment to the Succession Act, because I Registrar-General to arrange a wedding. That think that sons who are responsible for the is my quick thought on it, but I will investi­ accumulation of wealth in an estate left to gate the matter further. a mother by their father on his death, should At this stage, I do not propose to comment on her death, be entitled to at least some on the amendment foreshadowed by the hon. share of the estate for the work they did in member for Windsor, other than to say that building it up. I think it is a very good one and that I There are many other matters that could accept it with alacrity. be dealt with. I agree that, generally speak­ I do not propose to comment very much, ing, children should include adopted children. either, on what the hon. member for South I do not think that anyone would argue Brisbane had to say. This was one of his otherwise, and I do not think that any more vilifying Jekyll and Hyde performances. testator, or any person who dies intestate, I am beginning to get a bit worried about 2644 Succession Acts [ASSEMBLY] Amendment Bill him, because this is his second such per­ The purpose of that Act, moved on 16 formance in about four or five days. The October, 1940, was to give people under psychiatrists have a name for this Jekyll and the age of 21, who were members of the Hyde behaviour-schizophrenia-and, as I forces, the right to make wills which would said, I am beginning to get a bit worried be regarded as valid. In describing these about the hon. member. This is about the people, the draftsman of the day, in clause sixth replay since 1960 of his splenetic tirade 3 of that amending Bill, used these words- against the trustee companies. I well remem­ "Section forty-three of the Succession ber the former member for Mt. Gravatt, Act of 1867 shall apply and extend to now Mr. Justice Hart, dealing very effectively any member of His Majesty's Naval or with the hon. member for South Brisbane on Marine Forces ..." that subject, and I shall let the matter rest. and so on. There was the use of the I am quite sure that the hon. member for words, "His Majesty's Naval or Marine South Brisbane is now so imbued with this Forces", and at that time, in 1940, I have hatred that he will go out into George Street, reason to believe that the Government of interview the reporters, and have his com­ this State was a Government of the party ments put in the newspapers. I am sure that to which the hon. member for South Brisbane Queensland Trustees Ltd. will welcome that professes allegiance at the present time. That sort of activity. amendment went through, and whatever argu­ Mr. Bennett: You do what you are told ment over technical difficulties may have as A'ttorney-General; that is your trouble. been experienced in administering it, it stood and has stood from that time. Dr. DELAMOTHE: When the sheep stop bleating, I will proceed. Mr. Bromley: Did you approve of it? I commend the Bill to the House. Mr. SMITH: Of course I approved of Motion (Dr. Delamothe) agreed to. it, because I was a member of the Air Force at that time and I was very glad to have the ability to make a will. I think COMMITTEE anyone under the age of 21 would have (The Chairman of Committees, Mr. Hooper, been pleased to have that amendment. Greenslopes, in the chair) I now propose to move the following Clauses 1 to 9, both inclusive, as read, amendment to this clause:- agreed to. "On page 6, line 53, after the word Clause 10-Repeal of and new s. 37; 'married', insert the words- Persons of the age of 18 years and married 'or is a member of the Defence Force persons may make a valid will- of the Commonwealth'." I do this because "Defence Force of the Mr. SMITH (Windsor) (8.34 p.m.): In Commonwealth" has been given a certain speaking to clause 10 of the Bill, which meaning. It is referred to in the Defence amends the existing section 37, I draw the Act, in section 30 of which it is described Committee's attention to the words of as "consisting of the Naval, Military and subclause (b) reading- Air Forces of the Commonwealth". "wh~, being ~nder the age of 18 years, is marned, .... In my submission there will be no difficulty in implementing this amendment because of The person so described is, by the same the domicile of the testator which, as I clause, given the same capacity to make a have already pointed out, is the dominant will that a person of 21 years of age had feature. We are legislating in Queensland previously. This testamentary capacity is to provide that any person of the age of always allied, of course, with domicile. 18 or under who is in the services and When an instrument such as a will is is domiciled in Queensland can make a valid construed, it is construed, according to the will. law, by the domicile of the maker; so that The Committee should remember that when we are considering wills, among the normally domicile does not attach to an first things that have to be considered are infant. The infant has the domicile of the testamentary capacity and the domicile his father. Take the situation where the of the maker. This very important point family resides in Queensland and the son of domicile is the matter that has apparently of 17 joins the Army. He would be eluded the hon. member for South Brisbane domiciled in Queensland because his father when dealing with servicemen. was domiciled here. If the father moved to Mr. Bromley interjected. Victoria, in the ordinary course of events the domicile of that boy would be Victoria Mr. SMITH: I do not know what inter­ because he has the domicile of his parents. jection the hon. member for Norman made If he were to join the Army here and make last week, but the one he has just made a will here, even if he were 18 that will seems to have no sense whatever. would not be the will of a boy domiciled in Queensland. In the 1940's, when Australia was at war, an amendment was moved in this My amendment will remove any considera­ Parliament to the Succession Acts. It was tion of the domicile of the father. It will known as the Wills (Soldiers, Sailors, and have the effect of making the wiJI valid Members of the Air Force) Act of 1940. without regard, necessarily, to domicile. It Succession Acts [28 MARCH) Amendment Bill 2645

is not necessarily easy for a serviceman to fashion as has been necessary by this amend­ prove his domicile. He can be posted from ment. He could have done it before this place to place. He may enlist in Victoria by making arrangements with the Attorneys­ and be posted to Queensland in six months' General of all other States to act uniformly time. He may be moved around to a number in a suitable manner. of centres in Australia, acquiring property, As the hon. member for South Brisbane even real estate, in each of the States he said, the principle is an admirable one, but goes to. It is particularly difficult. it is a matter for regret that we have had Mr. Bennett: Your amendment does not to wait all this time since the Wills (Soldiers, say anything about domicile. Sailors, and Members of the Air Force) Act of 1940 was introduced. I hesitate to come Mr. SMITH: Of course it does not; it between lawyers when they differ; any laylllan does not have to. Because the amendment is well advised to keep out of that soH of will permit a soldier to make a will in thing. Nevertheless, I do suggest that at Queensland it will give that will validity, some time some of the points raised here and we are not plagued with some of the by laymen are not sufficiently examined considerations that might otherwise have to be either by lawyers, the Minister for Justice taken into consideration. or the Department of Justice at the time they are raised. Consequently, some 28 Mr. HANLON (Baroona) (8.42 p.m.): As years later there is the need to bring forward was indicated at the second-reading stage, an amendment to cover these matters. the Opposition intends to support the amend­ ment. As the hon. member for South I went to the trouble of looking up the Brisbane pointed out, we wholeheartedly 1940 debates when the Wills (Soldiers, support the principle in that we consider it Sailors, and Members of the Air Force) Bill is most desirable that the situations that was introduced. I found that in the debate, have arisen, as instanced by the hon. member at page 182 of Volume 176 of "Hansard", for Windsor, and even by the Minister for the then Acting Attorney-General, Mr. Justice himself at the introductory stage, O'Keefe, said- should not be allowed to continue in any "The Bill provides for men and women, respect. However, I do share the concern including minors, who are on active service. of the hon. member for South Brisbane. They get a privilege that we do not give I am rather surprised at the attitude of to civilians; once they return to civilian the Minister for Justice, particularly con­ life they lose that privilege." sidering the fact that at the introductory An interjection was made by Mr. Yeates, stage he indicated that he was well aware the hon. member for East Toowoomba at of this problem. Indeed, he mentioned that time, who said- the Vietnam case cited tonight by the hon. "What is the definition of 'active service'? member for Windsor, or at least a similar Does it mean when they are in camp at case that had been brought to his attention, Red bank?" in respect of which a determination was being The Acting Attorney-General said- sought from the courts as to the validity of a will. "I cannot give the hon. member a definition off-hand, but I presume that He said tonight that he is very happy once a man enters a military camp he to accept the amendment moved by the would be regarded as being on active hon. member for Windsor. I do not know service." why he did not take steps to deal with Mr. Y eates said- this matter in the original provisions of the Bill. He is apparently satisfied that "That is what I should like it to be. this is the best way of dealing with this Then a boy could make his will before problem, although we are not quite satisfied he left." on that point. It would have been better The Acting Attorney-General said- had the Minister dealt with the matter in "He may not want to make one. We a way that would not have been subject wish to give him the power to make one to the doubts that have been cast on it when he wants to make one." by the hon. member for South Brisbane. It might be assumed that he intended to Why could previous opportunity not have look into that point but subsequent debate been taken at meetings of the Attorneys­ General to try to get uniform action on on the Bill indicates that no further notice a common plane in legislation throughout was taken of the very relevant and important the Commonwealth? interjection made by the member for East Toowoomba about this very point which, Mr. Smith: Who said he is not trying to 28 years later, still remains to be dealt with. do this? The hon. member for Windsor, by this amendment, now seeks to correct the position Mr. HANLON: I have given the Minister absolutely by incorporating in- an opportunity to tell us about this. Perhaps he has reserved his remarks until the debate "Persons of the age of 18 years and on the amendment. He is quite happy to married persons may make a valid will. accept the amendment at the present time. "A person- I feel that he could have dealt with the (a) Who is of or over the age of matter much better and not in such a hurried eighteen years; 2646 Succession Acts [ASSEMBLY] Amendment Bill

(b) who, being under the age of Mr. HANLON: The hon. member may eighteen years, is married," be simplifying it to the extent that nobody the words- knows what he means. I am pointing out "or is a member of the Defence Force that I have some reservations about the of the Commonwealth." general terminology that the hon. member I will not deal with domicile at all, but I is using. feel that it could be open to question as There also appears in that Act- to just what the hon. member means by, "a " ... and also shall apply and extend, member of the Defence Force of the Com­ when she is so circumstanced that if she monwealth". He quoted how it is defined were a soldier she would be on war service, in Commonwealth legislation and he was at to any female serving with the said Forces pains to answer the hon. member for South as medical practitioner or nurse or mas­ Brisbane by saying that we are dealing with seuse or otherwise." Queensland, not with the Commonwealth, To my mind that could apply to people when the hon. member for South Brisbane who are not necessarily members of the raised the matter of using the Commonwealth Armed Forces and it is specifically written reference. I imagine that if he really wanted in there for that purpose. to tidy it up he would have incorporated, as An example of the reason why particular an amendment, a definition of what he means reference was made to its not only applying by "a member of the Defence Force of the to a member of the Marine or Naval Forces Commonwealth". being at sea was that some people were Mr. Smith: That is an ascertainable force. engaged in the Merchant Marine at Dunkirk, and there could have been argument about Mr. HANLON: In 1940, the then Acting whether they were covered when taking part Attorney-General thought there was no doubt in the evacuation of Dunkirk because they that when a person joined up he was covered. were not acting as merchant seamen but Many of these things might seem to be were ashore, assisting members of the obvious. The hon. member for Windsor said Defence Forces. As the hon. member for that he was a member of the Air Force and Windsor said, that particular reference was was grateful to have the 1940 Act because written in to cover members of the Merchant it enabled him to make a valid will when Marine service who may have found them­ it was introduced. It is true that the general selves in that situation. In these days, term "soldier" was used in the legislation and as the hon. member for Windsor said, it is true that reference was made to any although we know what "Defence Force of member of His Majesty's Naval or Marine the Commonwealth" means, we do not know Forces, as quoted by the hon. member for whether we are at war or not at the moment Windsor. In order to try to clarify the matter in Vietnam, and nobody can tell us. to its ultimate-as far as they could in their The hon. member for Windsor, quoting efforts at that time-they went to particular the Wills Act, said that his amendment trouble to say-- excludes members of the Merchant Marine Mr. Smith: You want section 8. That is but that they would be covered. In 1940, where they define "soldiers and airmen". when the Wills Act was introduced, the Parliament went to some trouble to cover Mr. HANLON: That is right. If the hon. specifically the law with respect to testa­ member will be patient, I will quote section mentary dispositions by soldiers, sailors and 8, where they went to the trouble to members of the Air Force. The members provide- of the Merchant Marine could find them­ "For the purposes of section forty-three selves not able to avail themselves of the of the 'Succession Act of 1867' and this right to make a valid will in those circum­ Act, the expression 'soldier' includes a stances because there could be legal argu­ member of the Air Force ..." ment about whether they were acting in that They did not leave it at "soldier". capacity or not in those circumstances. The same argument could be applied to While we support the amendment because what the hon. member means by "member we believe the principle to be a good one, of the Defence Force of the Commonwealth". we think that the matter should not be left They also went to the trouble in section 3 as it is. It is to be regretted that the of the Wills (Soldiers, Sailors, and Members Minister did not deal with this himself. of the Air Force), Act of 1940 to say- I believe that his officers, given the oppor­ "Section forty-three of the 'Succession tunity, would have produced a better amend­ Act of 1867' shall apply and extend to ment than this one. Only time will tell whether this amendment will cause any any member of His Majesty's Naval or difficulties. Marine Forces not only when he is at sea but also when he is so circumstanced We support the principle and do not intend that if he were a soldier he would be on to oppose the amendment. If we did, we war service ..." would indicate that we do not desire to assist those members of the services in one Many of these things that the hon. member form or another whose relatives might find for Windsor is taking for granted in the themselves in some difficulties with wills Succession Act are spelt out more clearly that were made under the impression that in the Wills Act. the testator was covered by the legislation Mr. Smith: I am simplifying it. as it stands. Succession Acts [28 MARCH) Amendment Bill 2647

Mr. BENNETT (South Brisbane) (8.54 costly litigation is avoided. We are dealing p.m.): I have little to add to the remarks with the estates of young soldiers, which, of the hon. member for Baroona. I agree in the main, will not be of very great value. wholeheartedly in principle with soldiers At such a tender age, they would not have being entitled to make wills to properly had time to accumulate any great amount of distribute their estates according to their money. Obviously it is the desire of those own desires. I am disappointed that the on this side of the Chamber, even though Minister, who said that he would adopt it may not be the wish of those on the other the amendment with alacrity, did not explain side, to avoid costly litigation which would in what fashion the difficulties involved denude the estates of young men. I venture could be ironed out in correct legal fashion. to say that not one young soldier could The Minister's remarks remind me of a afford a costly venture into the Supreme Rugby League team who lack skill and Court of Queensland. knowledge and engage in thuggery. I might say that I do not like to come The hon. member for Windsor, when he in under privilege and speak personally to put forward his proposal, referred to domicile. explain my actions, for which I make no Of course, that does not particularly clarify apology. It is not without significance that, the situation or offer a solution to the in a debate of this nature, yet a second problem. To give a brief definition for the doctor on the Government benches has layman, domicile means, generally speaking, accused me of being a schizophrenic. I the place where a person intends to reside might mention that the other one who did permanently. It is not in fact one's actual it was obviously a very sick man himself at place of residence; it is the place where one the time. I do not wish to go further into intends to reside permanently. his condition of health when he made such According to the amendment, a member of a foul and unjust accusation. the defence forces of the Commonwealth can Now a second medica on the Government make a valid will in Queensland. Does that benches is prostituting his profession in the mean that those who are stationed in Queens­ same way. I did not attack the doctor in land, perhaps even residing in Queensland any way. Instead, I made constructive sug­ with their wives during their soldiering days, gestions on the proposal, which were met will be entitled to make a will here? The with a cheap and nasty reply that one would hon. member for Windsor has referred to the not expect from a sincere and honest doctor, Defence Act, which, of course, is Common­ even if he believed what he said. wealth legislation. Then there is the soldier who lives with his parents in Queensland No other doctor that I know, apart from on enlistment but who, in the course of his the one that I have mentioned, would so service duties, moves to other States and prostitute his profession. I am convinced perhaps forms the intention to reside per­ now that there are good reasons in Govern­ manently in some other State. Is the will that ment circles to keep the hon. gentleman, he makes in relation to property that he although he is professionally otherwise quali­ might own in Queensland going to be valid fied, in the portfolio for which he is least even though his domicile is in one of the suited. other States of Australia? I cannot see that it Dealing with the measure before the will be, because his domicile, if he intends to Chamber, I merely requested or invited the reside permanently in another State, will be Attorney-General to make some observations in that State. Then there is the young on how this proposal could be satisfactorily soldier who marries in Queensland, enlists in and suitably implemented. As the hon. Queensland, and is sent to Vietnam or some member for Baroona said, we want to help other theatre of war (undeclared). the man in uniform even though the Federal Mr. Smith: He would come under the Government refuses to declare whether "married" part of this provision. Australia is or is not at war. It is all very well for others to bandy round the fact that Mr. BENNETT: Yes. they were in uniform and fought during the Then there is the soldier who becomes last war. I suppose most of us here who engaged in Queensland and goes to some were of suitable age at that time did like­ theatre of war and whose fiancee, meanwhile, wise and there is no need to keep restressing returns to her parents in another State. it. Would it be said that he intends to bring All of us, young and old, have consider­ her back to Queensland and reside here able sympathy for those who are called upon permanently, or would it be said that his to jeopardise their lives in the defence of this intention would be to marry her in her own country. Certainly their widows and fami­ home State and stay there, when in fact he lies, if they have any, should be adequately is killed by a booby-trap in Vietnam and has protected, whether or not the soldiers be not expressed his intentions? adults in the eyes of the law. Our sole sub­ All these difficulties will be involved. I mission has been clearly indicated by the could give many other instances that no hon. member for Baroona. doubt will engage the attention of the courts We do not wish to impede the passage if in fact there is not some common under­ of the amendment. Our only desire is to standing-nay, in fact, common legislation­ ensure that the good principle obtained in it in the various Australian States relative to will be made to work satisfactorily so that this proposal. 2648 Succession Acts [ASSEMBLY] Amendment Bill

The hen. member for Windsor said, "Well, Mr. BENNEIT: I apologise to the hen. no doubt the Minister has done something member for Redcliffe. The hon. member for about this". That may be so; but, as far Yeronga, who is quite a strong contender for as the hen. member for Windsor is con­ Cabinet rank, has never made a speech in cerned, at this stage it is pure conjecture. this Chamber unless it was prepared for him I did hope that -the Minister, instead of and read by him, word for word. Like the engaging in vilifying, ·personal abuse, would cheap interjector that he is in an important have dealt with the question of whether or debate of this nature, his "Sit down" comes not approaches had been made to the through his hurry to get out to the bar. Attorneys-General of other States and I was going to conclude my submissions at whether or not conferences had been held this stage of the debate by suggesting that if with a view to getting this legislation to work the hon. member for Windsor wanted to by means of reciprocity with the other States. clarify more particularly the question of But nothing has been said by him up to the domicile, he could have added to his amend­ present. If he has done something in that ment, after the word "Commonwealth", the regard, the right and opportune time for it words "domiciled in Queensland", which to be mentioned to the Committee is when perhaps would make it a bit clearer. But no it is considering and discussing the present doubt he would not choose to do that, proposal. It is not without practicality, as because he is never prepared to adopt any was mentioned earlier in the debate. It has suggestion of mine. I go on record as saying been done with the Companies Act and that, and I am prepared to go on record, many other Acts. too, as saying that the principle behind the If it has been suggested by the Attorney­ idea of the hon. member for Windsor's General at conferences with his counterparts amendment is to be commended. from other States, I should like to know Mr. Smith: Hooray! why it was not written into the Bill instead of being submitted by way of an amendment Mr. BENNEIT: I always give credit where moved by a private member. If it has been credit is due, and, having heard the qualified discussed with the Attorneys-General from lawyer on the Government benches tonight, I other States, I should like to know whether can only say that it is a pity that the Govern­ or not they are in agreement with the pro­ ment has not a qualified Attorney-General posal. If they are in agreement with it, have in the Cabinet. they agreed to implement legislation to make it effective and forceful, as we are trying to do Hon. P. R. DELAMOTHE (Bowen­ in this State? Minister for Justice) (9.9 p.m.): I think the I think that is all relevant and apposite, correct time to talk about an amendment is and it is an important matter on which the when it is moved. With regard to this one, Attorney-General should inform the Commit­ I do not think that I have to tell any member tee. In particular, I think he has some obli­ of the Opposition what discussions take gation to tell us why it was not written in place in the Government Caucus, as much until it was suggested by the only legally as, no doubt, they would like to hear. I qualified professional man on that side of simply say again that I welcome the good the Chamber. thinking on the part of the hon. member for Windsor in producing this amendment, and Mr. Ramsden: In the Chamber. in producing it in such a way, without a blare of trumpets and without giving any prior Mr. BENNEIT: I do not want to get on to indication to the Opposition, because they aspects of other professions in this Chamber. certainly would have claimed credit for it, The hon. member for Merthyr, who inter­ as they do for any idea that is put forward. jected, has a very cogent profession for which, I suppose, he is to be admired. Those who have studied the 1940 Act will know that it refers to the making of wills by Before being further distracted, I should people under 21 years of age who are on like to know why the Attorney-General did active service. They also will know that the not consider this proposal before being making of wills on active service is com­ prompted into it, or almost forced into it, by pletely different from the normal way of the tactics of the hon. member for Windsor. making them. The amendment does nothing Before the proposed legislation was brought to alter that. into the Committee one might have expected that the Government parties would have dis­ Mr. Hanlon: They could even make an cussed it and one would wonder why, if the oral will. hon. member for Windsor was at such Caucus Dr. DELAMOTHE: Yes, and they still can meeting, it was not considered at that partic­ ular stage to avoid the cost of bringing down when on active service. the amendment. The amendment does nothing to alter the situation of the 1940 Act, but it adds some­ Mr. Lee: Sit down. You would not have thing extra; it gives a new privilege and a new thought of it. recognition of the carrying out of their Mr. BENNEIT: The hen. member for obligaJtions to their country by allowing them, Redcliffe, by cheap interjection says, "Sit once they join any part of the defence forces down". of the Commonwealth, irrespective of their age and irrespective of whether they are Mr. Lee: I said, "You would not have married or not, to make a will at that point thought of it". of time. Succession Acts (28 MARCH] Amendment Bill 2649

That is all that the amendment does. I Mr. SMITH: When they went on to define accept it. Because it was produced at this the "soldier" as including an airman they time when the Act was being amended, I were dealing with a section which appeared certainly would not delay accepting it. in the Succession Act, and repeated a section taken entirely from the Wills Act of 1837. Mr. Hanlon: As you mentioned this prob­ I do not think any country had an Air lem at the introductory stage, had you given Force in 1837 and consequently there was any consideration to trying to deal with it? no mention of Air Force in that Act. Dr. DELAMOTHE: Yes. Mr. Hanlon: They did deal with nurses, medical practitioners and masseurs in that Mr. Hanlon: In this legislation? Act. Dr. DELAMOTHE: No. At that stage I Mr. SMITH: Yes. We had nurses in 1837. had in mind doing exactly what has been Mr. Hanlon: In 1940 we did-in our own recommended-to discuss it with other Bill. Attorneys-General-and I propose to do that. But when it came forward this was the right Mr. SMITH: Yes, in 1940. time for Queensland to adopt it. Mr. Hanlon: That was not in the 1837 Act. You are getting your Acts mixed. Mr. Hanlon: This perhaps might be regarded as an interim amendment? Mr. SMITH: There is no need to worry about it. I submit that in this case as we Dr. DELAMOTHE: No, it is not an have the well-known phrase "Defence Force interim amendment. We are the first State­ of the Commonwealth" it is quite clear. The "pacesetter" is the word I am looking for. amendment is simple and will be effective. Queensland has made this amendment first. I believe that when it is brought to the Amendment (Mr. Smith) agreed to. attention of the other Attorneys-General they, Mr. SMITH (Windsor) (9.16 p.m.): A con­ too, will adopt it. sequental amendment flows from the accept­ Mr. SMITH (Windsor) (9.12 p.m.): The ance of the first amendment in relation to amendment is really quite a simple one, and subclause 2 of the same clause. Section I am sure it will present no difficulties at all. 37 (2) as printed provides that no will made by any person under the age of 18 years Mr. Bennett interjected. shall be valid unless that person is married. As we have added to the clause, "or is a Mr. SMITH: I wish the hon. member member of the Defence Force of the could convince his colleagues who seem to Commonwealth", it is necessary to give have found all the imaginary difficulties in validity to the will, so I now move the the world. following amendment:- I think we have to allay some of the fears "On page 7, lines 1 and 2, omit the of the hon. member for Baroona. He seems figure, brackets and words- to have started a lot of hares running around the Chamber. He took the 1940 Act '(2) No will made by any person under which was an amendment passed by the then the age of eighteen years and who is Labour Government in this State. I have not married shall be valid.' already pointed out that that amendment and insert in lieu thereof the figures, referred to members of the forces, but it brackets and words- did not mention anything about their being '(2) Save as provided in subsection (1) domiciled in Queensland. of this section, no will made by any person under the age of eighteen years Mr. Hanlon interjected. shall be valid.' " Mr. SMITH: I am talking about what the Amendment agreed to. hon. member's colleague from South Bris­ Clause 10, as amended, agreed to. bane suggested. Clause 11, as read, agreed to. Mr. Bennett interjected. Clause 12-Insertion of Part V; [90] Estate Mr. SMITH: I am dealing with both the of deceased person liable for maintenance- hon. member for South Brisbane and the Mr. HANLON (Baroona) (9.17 p.m.): I hon. member for Baroona. Section 3 of the rise only to correct the remarks made by amending Act of 1940 simply spoke of His the hon. member for Windsor when I referred Majesty's naval or marine forces, and left to certain aspects of the Testator's Family it at that. Maintenance Act which is now written into Mr. Bennett: With additional references. the Succession Act as, "Part V-Family Provision." The point I wished to make Mr. SMITH: No. That is all it was; the at that time was that when we made pro­ members of His Majesty's naval or marine vision to use the words,- forces. It did not say "domiciled in Queensland" at all. "Estate of deceased person liable for maintenance. (1) If any person (herein­ Mr. Hanlon: I did not say anything about after called 'the deceased person') dies domicile. You keep talking about domicile. whether testate or intestate and in terms I did not refer to it. of the will or as a result of the intestacy 2650 Justices Acts and Other [ASSEMBLY) Acts Amendment Bill

adequate provision is not made from the Recording of Evidence Act of 1962, and estate for the proper maintenance and the Decentralization of Magistrates Courts support of the deceased person's wife, Act of 1965, each in certain particulars." husband, or child, the Court may, in its This Bill seeks to amend three enactments discretion, on application by or on behalf which relate to proceedings before justices of the said wife, husband, or child, order or a Magistrates Court. They are- that such provision as the Court thinks fit 1. The Justices Acts, 1886 to 1965. shall be made out of the estate of the 2. The Recording of Evidence Act of deceased person for such wife, husband, 1962. or child:" 3. The Decentralization of Magistrates we were leaving it to the discretion of the Courts Act of 1965. individual judge to determine what should be The Justices Acts, 1886 to 1965, is a done. I quoted what individual judges could procedural measure regulatin~ the h<:aring do in those circumstances, depending on how and determination of a complamt of a simple they interpret the clause. offence or breach of duty, and appeals from I mentioned the case of "in re Barron", any such determination, and the proceedings 1955. I will not read the whole judgment, before justices on the preliminary hearing or but will give just the key words. Townley J. examination of witnesses in relation to a found that the testatrix had failed in her charge of an indictable offence. moral duty. I instanced that, as Townley J. The objects of the amendments to the -not the hon. member for Baroona, or Justices Acts are- Windsor, or South Brisbane-suggested that it should be the job of the court to interpret 1. To enable the Supreme Court on the the moral duty of the testator. I instanced hearing of an appeal from the decision of it to show that under the Testator's Family justices to substitute a penalty of a kind Maintenance Act, which is now being written different from that imposed by the justices; into the Succession Act in broad terms, the 2. To enable justices, where they impose judge in that particular case based his deter­ peremptory imprisonment and order the mination on the fact that she had failed in payment of a penalty or restitution for her moral duty. the one offence or breach of duty, to order that the sentence of imprisonment Mr. Smith: He had that discretion under in default of payment of the penalty or the Testator's Family Maintenance Act. restitution be either concurrent or cumu­ Mr. HANLON: The hon. member for lative with the sentence of peremptory Windsor got mixed up between the 1837 imprisonment; and 1940 Acts. Obviously he has not 3. To enable justices, where a defendant the capacity of the hon. member for South may be released upon recognisance, to Brisbane to cope with a long day, and he impose such conditions in the recognisance is getting weary as he continues. I quoted as they consider necessary; this case and the hon. member for Windsor 4. To enable summonses for complaints accused me of having said that it should of simple offences or breaches of duty to be the duty of courts to determine the be served by registered A.R. post; and testator's moral duty. The hon. member for South Brisbane rightly said that he did 5. To extend the class of proceedings not agree with that. The hon. member in which a copy of the record of those for Windsor then said, "That is what the proceedings may be obtained by persons hon. member for Baroona said". I am having a sufficient interest therein. merely pointing out that all I did was not Section 213 (1) (iii) of the Justices Acts to suggest that it should be the court's duty presently provides that on the return of an to determine what the moral duty of the order to review the decision of the justices, testator was, but that in that particular the Supreme Court or a judge thereof may case Townley J. said in his determination increase or reduce any penalty imposed by that the testatrix had failed in her moral the decision. duty. All I did was to quote a particular case where it occurred. The Full Court of Queensland in several cases has held that under the present law Clause 12, as read, agreed to. the court or judge cannot substitute a Clauses 13 to 21, both inclusive, as read, sentence of imprisonment for the fine agreed to. imposed by justices, or substitute a fine for Bill reported, with amendments. the sentence of imprisonment imposed by justices, as it would not be an increase of penalty within the contemplation of JUSTICES ACTS AND OTHER ACTS section 213 (I) (iii), but would be a sub­ AMENDMENT BILL stitution of one kind of penalty for another. INITIATION IN COMMITI'EE The Bill proposes to enable the Supreme Court or judge on the return of an order (Mr. Rae, Gregory, in the chair) to review to increase, reduce or vary any Hon. P. R. DELAMOTIIE (Bowen­ penalty imposed by the decision of justices Mlrtister for Justice) (9.24 p.m.): I move­ and, in so doing, to substitute wholly or ""That a Bill be introduced to amend partly a penalty of a kind different from the Jllstices Acts, 1886 to 1965, the that imposed by the justices. Justices Acts and Other [28 MARCH] Acts Amendment Bill 2651

Under the present provisions of section 156 during the period of the recognisance, would of the Justices Acts, where a defendant is be desirable to ensure that person's appear­ convicted of two or more simple offences ance at the hearing of the complaint. The or breaches of duty or of one or more Bill will provide that justices may impose simple offences and one or more breaches conditions, which they consider necessary in of duty before the same justices at the a particular case, other than those that same sitting and is sentenced to more than relate to a person's appearance at a later one term of imprisonment, then the justices date. may direct that such sentences be concurrent Personal service is at present required or cumulative. when serving summonses for simple offences Some statutory provisions provide that a or breaches of duty unless the particular person guilty of a specified offence is liable enactment under which the complaint was to a fine or to a term of imprisonment, or laid specifically provides that service may to both a fine and a term of imprisonment. be effected by post, in which case the sum­ For example, section 16 of the Traffic Acts, mons is considered to be duly served if it 1949 to 1967, provides that a person who, is posted in accordance with the provisions whilst he is under the influence of liquor of that enactment. or a drug, drives a motor vehicle shall be The Bill proposes to insert provisions for guilty of an offence and shall be liable to service by registered A.R. post of summonses a penalty not exceeding $400 or to imprison­ for simple offences or breaches of duty as ment for a term not exceeding nine months, an alternative method of service to personal or to both such penalty and imprisonment. service. This provision will have the added advantage of benefiting the Police Depart­ Other enactments provide that a person ment, the time of whose officers will not now guilty of a specified offence may, in addition be taken up unnecessarily with the service to the imposition of a fine, be ordered to of summonses for these offences. make restitution for any loss or damage The present section 154 of the Justices resulting from the commission of the offence. Acts limits the supply of a copy of the court For example, section 29 of the Vagrants, record to cases dealt with in a summary Gaming, and Other Offences Acts, 1931 to manner, i.e., simple offences and breaches 1967, provides that a person who takes or of duty that are heard and determined by in any manner uses any vehicle the property a magistrates court. Persons, although of any other person without the consent of having a sufficient interest in a case, are the owner or person in lawful possession unable to obtain copies of the record because thereof may, in addition to any penalty or the proceedings relate to depositions taken imprisonment which may be imposed, be at a preliminary inquiry into an indictable ordered to pay any sum of money assessed offence. by the justices for any damage or injury The Bill proposes to enlarge the present done to or suffered by the vehicle in provisions of Section 154 to allow persons question. This is an example of what I having a sufficient interest to obtain a copy referred to earlier-the combination of a of the record of any proceeding before fine with restitution. justices, whether it be in relation to a simple The Bill proposes to enable a court that offence or an indictable offence. has ordered a peremptory sentence of Those are all the proposed amendments imprisonment, and has also, by the same to the Justices Acts. decision, ordered a sentence of imprisonment The objective in amending the Recording to be served in default of payment of any of Evidence> Act of 1962 is to enable the fine or costs or restitution or other sum of magnetic recording tapes upon which evid­ money, to order that all or any of these ence has been recorded in certain prescribed sentences be either concurrent or cumulative. proceedings, for example, ex parte proceed­ The present section 92 of the Justices Acts ings and proceedings not before a court provides that when any person may be dis­ of record, and which it has not been neces­ charged upon recognisance, the recognisance sary to transcribe into writing, to be erased- is to be conditioned that the person shall (i) after the period allowed by law for appear at the time and place to which the instituting any appeal or application for hearing is adjourned or stated in the recog­ re-hearing or review; nisance or, in the alternative, it is to be (ii) after any such appeal or application conditioned for that person's appearance at has been determined; and all times and places to which the hearing (iii) subject to any order by a court may be adjourned or which are shown in or judicial person for retention of the the recognisance. The only condition that evidence upon these tape·s. may be imposed by this section on a person At present evidence is taken mechanically entering into a recognisance is that for his on these tapes in ex parte proceedings for appearance on the date to which the hearing simple offences, such as the occasions where is adjourned. a defendant does not appear to answer his It has been found on occasions, and in summons for a traffic breach. the circumstances pertaining to a particular Hon. members will appreciate that it is case, that other conditions, such as report­ a waste of labour and money to have the ing to a police station at regular intervals evidence transcribed there and then from 2652 Justices Acts and Other [ASSEMBLY] Acts Amendment Bill

these tapes when no appeal is brought and Chambers but he was not given any general no application for a re-hearing or a review power so to refrain where he considered is made. a Chamber proceeding was inappropriate. Similarly it is a waste of public money (3) A defendant is permitted to attend to have tapes containing this evidence on the hearing date and may argue as to retained indefinitely and, subject to any order penalty. for retention of the evidence on these tapes, If he appears to contest the matter, it must be the amendment will enable these tapes to adjourned. Since the amended procedure does be cleared in due course and be re-used not require the cases to be called in court, a for the recording of further evidence. defendant who desires to appear would need The sole purpose in amending the Decen­ to ascertain the magistrate's chambers where­ tralization of Magistrates Courts Act of 1965 in the matter was to be dealt with. It is is to remedy some problems that have arisen obvious that the complainant should possess in the practical administration of Part VI a similar right to appear and argue on the of that Act, which provides an amended question of penalty. It is considered that in court procedure in relation to complaints these cases where the defendant appears, the for certain simple offences or breaches of matter should be heard in open court. duty specified in the schedule to that Act. The Bill proposes to remedy these other problems by providing a system which will The present provisions of Part VI require be implemented as follows:- the summons to be served on the defendant to be accompanied by "A sworn statement (!) If the clerk of the court receives a of the complainant recounting briefly the notice of election to plead not guilty, he alleged facts of the offence or breach in fixes a new date of hearing and so informs question". This requirement involves the both parties. The matter does not then complainant swearing of his own knowledge come before the court on the original date as to the alleged facts of the offence or specified in the summons. breach and necessarily implies that the com­ (2) If the clerk of the court receives plainant would invariably have to be a from the defendant a notice in writing of a breaching officer. plea of guilty, the magistrate deals with the The normal system of the Police Depart­ matter in open court. ment, the Main Roads Department and the (3) If no notice from the defendant is Brisbane City Council in these minor offences received by the clerk of the court, the is for their complainant to be a nominal matter is called in court and- complainant, but the present requirement (a) if the defendant does not appear, does not permit of this and would necessitate the magistrate may put the case aside breaching officers spending a large portion and deal with it in chambers; of their time in clerical work and in attend­ (b) if the defendant appears and pleads ance at Magistrates Courts. guilty, the case is disposed of in open One of the primary obiectives in seeking court; to introduce the amended procedure unde.r (c) if the defendant appears and pleads the Decentralization of Magistrates Courts not guilty, the case is adjourned by the Act was the saving of time of members magistrate to a subsequent date of hear­ of the Police Force from attendance at court ing. to give evidence in ex parte cases. The (4) In the case of prosecutions involving Bill proposes to amend the present require­ non-payment of fees, the complainant will ment by enabling nominal complainants to be enabled to submit to the court an up­ bring proceedings for those simple offences to-date certificate as to the amount still and breaches of duty specified in the Schedule owing. If the case is one that the magis­ to the Act. trate may deal with in chambers, this The Bill provides that where the nominal certificate will be considered by him with complainant does not swear to facts of the rest of the documents. his own knowledge, he will be required The proposed system will ensure that the to disclose the source of his information only cases dealt with in chambers by a in the sworn statement which accompanies stipendiary magistrate are those where the summons served on the defendant. no notice has been received, and the defend­ At present, a stipendiary magistrate sitting ant does not appear in court on the date in Chambers may determine the matter of specified in the summons; in other words, complaint as if the facts set out in the those cases that would ordinarily have been statement accompanying the summons had dealt with ex parte. Instead of the breaching been established by evidence before him. officer having to appear at court and wait to This provision has not been altered by the give his evidence, the stipendiary magistrate Bill. may deal with those minor offences or breaches of the enactments specified in the Other problems of administration which schedule, upon the material set out in the have arisen include the following:- statement of alleged facts which accompanies (1) No provision was made for proof the summons served on the defendant. that outstanding fees were still owing at The magistrate will not be influenced by the date of a Chamber proceeding. any matter, other than the documents before (2) The magistrate is required to refrain him, as neither defendant nor complainant from dealing with certain matters in will be permitted to appear in chambers. Justices Acts and Other [28 MARCH) Acts Amendment Bill 2653

Once the defendant has elected in the they should have a right to consider sub­ prescribed manner to plead not guilty, then stituting another penalty if they think fit, the complaint must proceed in the ordinary provided that the previous penalty was way, and if he fails to appear at the time and manifestly unjust or manifestly inadequate. place appointed for the hearing of the com­ plaint, the case must then be dealt with ex No doubt that principle will be retained parte and not as a chamber proceeding. in the legislation. They will not be given It is anticipated that the measures con­ the right to arbitrarily interfere with a tained in this Part of the Bill will remove magistrate's decision on penalty; there will the difficulties which are presently being have to be a cogent reason or, to use experienced in the practical administration of the legal phraseology, the sentence previously the amended procedure provisions contained imposed must be either manifestly inadequate in Part VI of the Decentralization of Magis­ or manifestly unjust to the defendant. trates Courts Act of 1965. A right is also being given to a magistrate I commend the Bill to the Committee. to order peremptory imprisonment under Mr. BENNETT (South Brisbane) (9.44 certain conditions and to order that a sentence p.m.): At first flush, on listening to the intro­ be served either concurrently with another ductory remarks of the Minister for Justice sentence or cumulatively with a sentence one would think that there was nothing in imposed at an earlier stage. In certain the Bill to get excited about. However, I was cir~umstances a magistrate enjoyed a right rather disappoined that he introduced the Bill to Impose concurrent or cumulative sentences. after 9.30 p.m., because that is a time when If there are some technical difficulties pre­ my colleague the hen. member for Windsor venting a magistrate from doing that on has to leave and he is not here to assist me occasions, there is no reason why that dif­ in any suggestions that might be made about ficulty should not be eliminated. the proposals. Recognisances must be made subject to con­ My first suggestion deals with the Supreme ditions, otherwise they would not be recog­ Court, which, when hearing an appeal from nisances. According to the Minister the the Magistrates Court, really sits as a Full proposal is to enable recognisances to b; sub­ Court, that is, a court consisting of three ject to such conditions as attendance at a judges. The same Full Court, in a different police station from day to day, or from week jurisdiction, sitting on an appeal in a criminal to week, or at suitable times. I am entirely matter from the Supreme Court or the in accord with that proposal. I do not District Court, is known as the Court of suggest for one moment that magistrates Criminal Appeal. Whilst the composition would readily impose that condition, but there of the court remains the same during a are occasions when it is necessary to impose sittings, the court moves from its jurisdiction such a condition. as a Court of Criminal Appeal into civil jurisdiction as the Full Court on appeal Mr. Smith: You said I had gone home. from other courts, including the Magistrates Mr. BENNETI: The hon. member has Court. received my message. He has some good There was a time when, although the agents. Court of Criminal Appeal could deal with Mr. Smith: I do not need any message appeals against severity of sentence, the from you. Crown had no right of appeal against the inadequacy of sentence. When the pro­ Mr. BENNETT: The hon. member seems posal was introduced some years ago to to accept a lot of them. allow the Crown the same right of appeal as the accused, I was not altogether in The proposal to impose a condition, in favour of it. Nevertheless, in all fairness cases where it is necessary, that a defendant and justice, if the accused has a right of call at the local police station from day to appeaL no doubt the Crown should have day seems to be a desirable one because it a similar right, and that was introduced into could operate in his own interests. These the Court of Criminal Appeal. defendants sign their own recognisances, but sometimes they cannot get a surety. Some­ In effect, this proposal allows a Full Court times when the offence is of a serious nature, of the Supreme Court to completely interfere or when the police or the prosecutor suggests with the penalty imposed by a magistrate. It that the man has a very dangerous character can increase the penalty, decrease it, or sub­ or is likely to abscond-this does not happen stitute a completely different penalty. One on many occasions without any real founda­ would not disagree in any way with the tion-the magistrate will impose the condi­ proposal of a peremptory investigation tion of a surety on the bail bond. because there is a right of appeal. Very often a man in this unfortunate An appeal from the Magistrates Court position is unable to obtain a surety and jurisdiction to the Full Court of Queensland, he would have to pine away in prison for a the top jurisdiction in this State, is an expen­ lengthy period pending the hearing of his sive procedure, so I suppose that all aspects case. Quite often his case is delayed because of the matter under appeal should be of the Government's refusal to appoint a investigated. When the appeal is heard sufficient number of magistrates and provide by the three judges of the Full Court, surely enough court facilities. That unhealthy 2654 Justices Acts and Other [ASSEMBLY] Acts Amendment Bill

situation could be avoided by imposing a cases it is more accurate and authoritative condition that he appear at his local police than the claim made by process-servers that station daily. service has been effected when the document We had the sorry spectacle of a man­ has been served on a member of the family, I took an interest in his case because I was who has not brought it to the attention of very saddened by the plight of his circum­ the person who was supposed to be served. stances-who was arrested in Western Aus­ It may be left at some premises, but the tralia before Christmas and brought over person named as the defendant may have no here on a charge of stealing a considerable knowledge that it has been left there and quantity of goods from Woolworths, or he can be dealt with in his absence and a some such firm; the magistrate allowed him judgment made against him. When service bail in his own bond and imposed a surety. is by registered A.R. post, in ordinary But this man from Western Australia could circumstances the person concerned has to not get a surety in Queensland so he had to sign for the document on the registered A.R. pine away in gaol, serving what was virtually letter card. I think that in some circum­ a three months' sentence. In the committal stances proof of service is stricter and more proceedings I tendered a photostat copy of a satisfactory that way than it is when other document that I received from the manage­ methods of service are used. ment of the Snowy Mountains Authority I agree that there is no reason why an stating that at the relevant time he was interested party, provided that he can show working down there, setting out the hours that he has a genuine interest, should not he worked and the wages he was paid. That be able to obtain a copy of depositions. document proved that he could not have They have been typed and in this modern been here on the night in question, breaking age it is quite a simple matter to have a in through the roof of Woolworths and photostat copy made. Unless a person is stealing the goods that were stolen. The actually the defendant in committal pro­ Crown would not accept that document. I ceedings, he cannot now get a copy of the did not expect it to, but I asked if the matter depositions. I was not aware that this Bill could be investigated. However, the Crown was to be introduced this evening, so I refused to do so. The man was committed have not my copy of the Justices Act with for trial, and after three months in gaol I me. I think the right of a defendant to arranged for him to be represented by the obtain a copy of the depositions is dealt Public Defender, who, with his resources, with in the 3rd Edition of Kennedy Alien's was able to make suitable and proper inquiries into my claim that the man had a textbook. Difficulties arise nowadays because perfect alibi, which the Crown and ,the of the great pressure of work in the courts. arresting police officer had refused to I say this in no way as an indictment of investigate. the courts; it is simply the result of the operation of the court's machinery and the This man's name was Michael Kovic­ fact that so much litigation is proceeding. there is no need to conceal his identity, In one case in which I was involved in the because he is horribly irritated about it all. West the hearing proceeded for four or five To my knowledge, he had no previous con­ days and then, because of the pressure of victions. He served a three months' sentence. work in the Magistrates Court at Cunna­ When the Public Defender did what the mulla, there had to be an adjournment of Crown should have done and investigated the at least two or three months. circumstances, the man's claim was proved to be absolutely true and the Crown entered Imagine any lawyer, litigant, defendant, a nolle prosequi; it did not even proceed with Crown witness, or Crown Prosecutor trying the case. In the meantime, this man had to recall, after an adjournment of three served three months in Boggo Road for a months, evidence lasting five days. It is crime he did not commit. absolutely impossible for any person to An Honourable Member interjected. retain accurately in his mind the evidence taken. A Crown Prosecutor cannot conduct Mr. BENNE'IT: I suppose I had better his case efficiently unless he gets a copy not speak on compensation, because I propose of the depositions of the earlier hearing, nor to take certain action along those lines if can defence counsel do justice to his client the Crown is not prepared to make an without a copy. ex-gratia payment. Although the attitude of the Crown was deplorable, that man would There is a section of the Justices Act not have suffered the indignity and injustice which provides that a copy of the depositions of spending three months in gaol, including cannot be obtained until the magistrate Christmas, if he had been allowed out on his makes his decision or order. There is an own bond on the condition that he report annotation under the relevant section quoting daily to some police officer. In fact, he an authority to the effect that a copy of the spent three months in gaol and at his trial depositions cannot be obtained until a the Crown entered a nolle prosequi without decision is given or an order is made. even an apology to him for the grave Therefore, under a strict ruling of law I injustice that he had been done. was technically not entitled to obtain a I am not in disagreement with serving copy of the depositions to do justice to my complaints and summonses by registered client after a period of three months. That A.R. post. Many processes are served by was the legal ruling, and I think it was in registered A.R. post these days, and in many accordance with the Justices Act. Justices Acts and Other [28 MARCH] Acts Amendment Bill 2655

I might mention in passing that the I agree that in many prosecutions for authorities in the Justice Department were simple offences it is not necessary to keep very reasonable; they appreciated the diffi­ the recording after the time for appeal has culties presented by the injustice of the law, expired. All police appeals are taped these although it was correctly interpreted, and days, and I should hope that the evidence allowed me to purchase a copy of the deposi­ taken in police appeals will not be extin­ tions. The prosecution was entitled to a guished or erased. It can become very rele­ copy also, because it was observed and vant in further appeals on the question of a agreed that it would be absolutely farcical person's record in the Police Force and on for any lawyer to try to retain in his mind claims that he has made that could be the wealth of evidence given during a investigated and proved to be true or other­ hearing lasting a week. wise. I hope that the Minister will exercise his discretion in that regard. In the com­ Actually that case proceeded from time to paratively trivial cases-I suppose no case time over 12 months. I am not whingeing that goes to court is trivial-the minor cases, about any injustice, because in fact there the record could be destroyed; but in police was none. I was allowed to obtain a copy appeals the record should be retained, of the depositions, although strictly in law although there may be no court order for I was not entitled to one. To prevent it to be retained. litigants being at the mercy of the authorities The only other matter of interest relates (although they treated me well in that to the decentralization of Magistrates Courts, regard), I think that the Justices Act should a proposal that the Minister introduced with be amended to allow any defendant to a great fanfare of trumpets. The central purchase a copy of the depositions as the courts in Brisbane are decentralized. They case proceeds. Actually, I do not know why are in about three different places in George he should even have to purchase them. Street and are almost like a blackfellow's When a case is over, sometimes it is too camp. There are a few in George Street near the watch-house, some up in Millaquin late to be worried about reading the deposi­ House, and some, I think, over the road tions. One has either won the case or lost in a new building. That is decentralization! it; one is no longer interested in reading the depositions. But where proceedings There are also Magistrates Courts at Inala, have to be worked out as they are in Sandgate, and Wynnum. They are all very Queensland-there are long adjournments desirable, and the only observation that I from time to time, and I am not blaming can make relative to their efficiency is that it anyone for that-! think that all parties is a pity that a resident magistrate is not to Magistrates Court actions should at least stationed in each of those centres. Although be entitled to purchase a copy of the they are comparatively ornate buildings, two depositions. J.P's often have to officiate on the bench, In relation to the Recording of Evidence as they do in country centres. As the hon. Act, I can only say that the tape recorders, member for Salisbury has pointed out. in with which I have dealt so often, are cer­ terms of population Inala is as big as Mackay, tainly a vast improvement on depositions and it should have a resident magistrate for clerks. I do not say that disparagingly of the court instead of a court constituted by depositions clerks, who have done a mighty two J.P's who know nothing about law. job. They still are doing a mighty job I thought it was quite an opportune time in George Street. Sometimes they have to for the Minister to say that the proposal will type evidence for three hours without a avoid the need for many policemen to break, and they are fast, efficient, and good; attend court. Surely we need more police­ but they cannot, with their human frailty, men on the job; surely there is an inadequate be as good as a tape recorder. With a number of staff; and surely the Minister tape recorder, one can go as fast as one must be impressed by the claim of the Police likes and not give the prosecution witnesses Union secretary that perhaps the young time to think up answers. They have to policeman who was shot dead yesterday answer promptly and honestly to the best morning would not have been shot if he •of their ability. had been accompanied by another policeman. Nevertheless, I still adhere to my original Surely it is improper to expect policemen to contention that, for many reasons, shorthand­ man a big area, the size of Mackay in popu­ writers are far superior to tape recorders. If lation, with one man during a lonely night one asks for a tape to be played back, a when there is likely to be trouble or dis­ lot of shenanigans go on, and in order turbance and when his safety is likely to be to keep the tapes working there is an army placed in jeopardy. The fact that the of staff in the background typing flat out. Government will not increase the numerical There are technicians; there is the costly strength of the Police Force is to be con­ equipment and the cost of maintaining it. demned from the point of view of the safety I should like the Minister to tell hon. of the men in the force. members some time-I suppose he would not know the answer offhand-what it costs People must be horrified and shocked to to keep a court going with tape recorders. know that big stations such as Inala are There seems to be a real army of staff. manned at night-time by only one police­ in contrast to the number of people needed man. If he was investigating a minor inci­ when shorthand-writers record the evidence. dent at one end of Inala and a murder was 2656 Justices Acts, &c., Bill [ASSEMBLY] Questions

committed at the other end, the people involved would travel to the police station and find it vacant, as we do from time to time even in West End, which is a heavily populated area. This is because of lack of staff as a result of the Government's refusal to maintain the numerical strength of the Police Force. Because it will not increase the recognised strength of the Police Force this State is lacking in protection and policemen's lives are placed in jeopardy. The Government should maintain an adequate supply of man-power to carry out the work sensibly and satisfactorily. I can only say that since the Government will not increase and improve the numerical strength of the Police Force, the Attorney­ General, who is trying to release police­ men from other duties to help the inadequate police staff, should be commended for intro­ ducing legislation to effect improvement in the procedure in the Magistrates Court and enable policemen to be out on duty rather than standing around courts. Perhaps his efforts in this regard might save the lives of other policemen that are now in jeopardy because the Government will no.t appoint the necessary numbers to police crime, not only in Brisbane, but throughout Queensland. In addition, policemen will tell you that not only are their lives placed in jeopardy but there are thousands of reported crimes which they do not and cannot hope to investigate because their time is fully occu­ pied in investigating what might be deemed to be major crimes. What they refer to sometimes as a stealing is left unnoticed because they just have not the men to cope with the demand for their services. Hon. P. R. DELAMOTHE (Bowen­ Minister for Justice) (10.8 p.m.), in reply: I gather from the speech of the hon. member for South Brisbane that he agrees entirely with the proposed amendments. I do not think there is any need for me to comment upon the matter, except to remind him that Inala has a resident magistrate, Mr. Butler, S.M., who was appointed several months ago. Mr. Bennett: Has he moved up there yet? Dr. DELAMOTHE: Yes. I do not know whether he lives there but he is a full-time magistrate at Inala. I was pleased to hear the hon. member for South Brisbane accept these amendments as being desirable and fulfilling the objective of all of us to simplify and speed up the work of the courts. Motion (Dr. Delamothe) agreed to. Resolution reported.

FIRST READING Bill presented and, on motion of Dr. Delamothe, read a first time. The House adjourned at 10.11 p.m.