PARLIAMENT OF VICTORIA
PARLIAMENTARY DEBATES (HANSARD)
LEGISLATIVE COUNCIL
FIFTY-EIGHTH PARLIAMENT
FIRST SESSION
Book 5 Tuesday, 1 May 2018
Internet: www.parliament.vic.gov.au/downloadhansard
By authority of the Victorian Government Printer
The Governor The Honourable LINDA DESSAU, AC The Lieutenant-Governor The Honourable KEN LAY, AO, APM
The ministry (from 16 October 2017)
Premier ...... The Hon. D. M. Andrews, MP
Deputy Premier, Minister for Education and Minister for Emergency Services ...... The Hon. J. A. Merlino, MP
Treasurer and Minister for Resources ...... The Hon. T. H. Pallas, MP
Minister for Public Transport and Minister for Major Projects ...... The Hon. J. Allan, MP
Minister for Industry and Employment ...... The Hon. B. A. Carroll, MP
Minister for Trade and Investment, Minister for Innovation and the Digital Economy, and Minister for Small Business ...... The Hon. P. Dalidakis, MLC
Minister for Energy, Environment and Climate Change, and Minister for Suburban Development ...... The Hon. L. D’Ambrosio, MP
Minister for Roads and Road Safety, and Minister for Ports ...... The Hon. L. A. Donnellan, MP
Minister for Tourism and Major Events, Minister for Sport and Minister for Veterans ...... The Hon. J. H. Eren, MP
Minister for Housing, Disability and Ageing, Minister for Mental Health, Minister for Equality and Minister for Creative Industries ...... The Hon. M. P. Foley, MP
Minister for Health and Minister for Ambulance Services ...... The Hon. J. Hennessy, MP
Minister for Aboriginal Affairs, Minister for Industrial Relations, Minister for Women and Minister for the Prevention of Family Violence ...... The Hon. N. M. Hutchins, MP
Special Minister of State ...... The Hon. G. Jennings, MLC
Minister for Consumer Affairs, Gaming and Liquor Regulation, and Minister for Local Government ...... The Hon. M. Kairouz, MP
Minister for Families and Children, Minister for Early Childhood Education and Minister for Youth Affairs ...... The Hon. J. Mikakos, MLC
Minister for Police and Minister for Water ...... The Hon. L. M. Neville, MP
Attorney-General and Minister for Racing ...... The Hon. M. P. Pakula, MP
Minister for Agriculture and Minister for Regional Development ...... The Hon. J. L. Pulford, MLC
Minister for Finance and Minister for Multicultural Affairs ...... The Hon. R. D. Scott, MP
Minister for Training and Skills, and Minister for Corrections ...... The Hon. G. A. Tierney, MLC
Minister for Planning ...... The Hon. R. W. Wynne, MP
Cabinet Secretary ...... Ms M. Thomas, MP
Legislative Council committees
Privileges Committee — Mr Dalidakis, Mr Mulino, Mr O’Sullivan, Mr Purcell, Mr Rich-Phillips, Ms Springle, Ms Symes and Ms Wooldridge.
Procedure Committee — The President, Dr Carling-Jenkins, Mr Davis, Mr Jennings, Ms Pennicuik, Ms Pulford, Ms Tierney and Ms Wooldridge.
Legislative Council standing committees
Standing Committee on the Economy and Infrastructure — Mr Bourman, #Mr Davis, Ms Dunn, Mr Eideh, Mr Finn, Mr Gepp, Mr Leane, #Mr Melhem, Mr Ondarchie, Mr O’Sullivan and #Mr Rich-Phillips.
Standing Committee on the Environment and Planning — Ms Bath, #Mr Bourman, Mr Dalla-Riva, Mr Davis, #Ms Dunn, Mr Elasmar, Mr Melhem, #Mr Purcell, #Mr Ramsay, #Dr Ratnam, Ms Shing, #Ms Symes, Ms Truong and Mr Young.
Standing Committee on Legal and Social Issues — #Ms Crozier, #Mr Elasmar, Ms Fitzherbert, Mr Morris, Mr Mulino, Ms Patten, Mrs Peulich, #Dr Ratnam, #Mr Rich-Phillips, Mr Somyurek, Ms Springle and Ms Symes.
# participating members
Legislative Council select committees
Port of Melbourne Select Committee — Mr Mulino, Mr Ondarchie, Mr Purcell, Mr Rich-Phillips, Ms Shing and Ms Tierney.
Fire Services Bill Select Committee — Ms Lovell, Mr Melhem, Mr Mulino, Mr O’Sullivan, Mr Rich Phillips, Ms Shing and Mr Young.
Joint committees
Accountability and Oversight Committee — (Council): Mr O’Sullivan, Mr Purcell and Ms Symes. (Assembly): Mr Angus, Mr Gidley, Mr Noonan and Ms Thomson.
Dispute Resolution Committee — (Council): Mr Bourman, Mr Dalidakis, Ms Dunn, Mr Jennings and Ms Wooldridge. (Assembly): Ms Allan, Mr Clark, Ms Hutchins, Mr Merlino, Mr M. O’Brien, Mr Pakula and Mr Walsh.
Economic, Education, Jobs and Skills Committee — (Council): Mr Bourman, Mr Elasmar and Mr Melhem. (Assembly): Mr Crisp, Mrs Fyffe, Ms Garrett and Ms Ryall.
Electoral Matters Committee — (Council): Ms Bath, Ms Patten and Mr Somyurek. (Assembly): Ms Asher, Ms Blandthorn, Mr Dixon and Ms Spence.
Environment, Natural Resources and Regional Development Committee — (Council): Mr O’Sullivan, Mr Ramsay and Mr Young. (Assembly): Mr J. Bull, Ms Halfpenny, Mr Richardson and Mr Riordan.
Family and Community Development Committee — (Council): Dr Carling-Jenkins and Mr Finn. (Assembly): Ms Britnell, Ms Couzens, Mr Edbrooke, Ms Edwards and Ms McLeish.
House Committee — (Council): The President (ex officio), Mr Eideh, Ms Lovell, Mr Mulino and Mr Young. (Assembly): The Speaker (ex officio), Mr J. Bull, Mr Crisp, Mrs Fyffe, Mr Staikos, Ms Suleyman and Mr Thompson.
Independent Broad-based Anti-corruption Commission Committee — (Council): Mr Ramsay and Ms Symes. (Assembly): Mr Hibbins, Mr D. O’Brien, Mr Richardson, Ms Thomson and Mr Wells.
Law Reform, Road and Community Safety Committee — (Council): Mr Gepp and Ms Patten. (Assembly): Mr Dixon, Mr Howard, Ms Suleyman, Mr Thompson and Mr Tilley.
Public Accounts and Estimates Committee — (Council): Ms Patten, Ms Pennicuik and Ms Shing. (Assembly): Mr Dimopoulos, Mr Morris, Mr D. O’Brien, Mr Pearson, Mr T. Smith and Ms Ward.
Scrutiny of Acts and Regulations Committee — (Council): Ms Bath and Mr Dalla-Riva. (Assembly): Ms Blandthorn, Mr J. Bull, Mr Dimopoulos, Ms Kilkenny and Mr Pesutto.
Heads of parliamentary departments
Assembly — Acting Clerk of the Legislative Assembly: Ms Bridget Noonan Council — Acting Clerk of the Parliaments and Clerk of the Legislative Council: Mr A. Young Parliamentary Services — Secretary: Mr P. Lochert
MEMBERS OF THE LEGISLATIVE COUNCIL FIFTY-EIGHTH PARLIAMENT — FIRST SESSION
President: The Hon. B. N. ATKINSON Deputy President: Mr K. EIDEH Acting Presidents: Ms Dunn, Mr Elasmar, Mr Melhem, Mr Morris, Ms Patten, Mr Purcell, Mr Ramsay Leader of the Government: The Hon. G. JENNINGS Deputy Leader of the Government: The Hon. J. L. PULFORD Leader of the Opposition: The Hon. M. WOOLDRIDGE Deputy Leader of the Opposition: The Hon. G. K. RICH-PHILLIPS Leader of The Nationals: Mr L. B. O’SULLIVAN Leader of the Greens: Dr S. RATNAM
Member Region Party Member Region Party
Atkinson, Mr Bruce Norman Eastern Metropolitan LP Mikakos, Ms Jenny Northern Metropolitan ALP Barber, Mr Gregory John1 Northern Metropolitan Greens Morris, Mr Joshua Western Victoria LP Bath, Ms Melina2 Eastern Victoria Nats Mulino, Mr Daniel Eastern Victoria ALP Bourman, Mr Jeffrey Eastern Victoria SFFP O’Brien, Mr Daniel David8 Eastern Victoria Nats Carling-Jenkins, Dr Rachel3 Western Metropolitan AC O’Donohue, Mr Edward John Eastern Victoria LP Crozier, Ms Georgina Mary Southern Metropolitan LP Ondarchie, Mr Craig Philip Northern Metropolitan LP Dalidakis, Mr Philip Southern Metropolitan ALP O’Sullivan, Luke Bartholomew9 Northern Victoria Nats Dalla-Riva, Mr Richard Alex Gordon Eastern Metropolitan LP Patten, Ms Fiona10 Northern Metropolitan RV Davis, Mr David McLean Southern Metropolitan LP Pennicuik, Ms Susan Margaret Southern Metropolitan Greens Drum, Mr Damian Kevin4 Northern Victoria Nats Peulich, Mrs Inga South Eastern Metropolitan LP Dunn, Ms Samantha Eastern Metropolitan Greens Pulford, Ms Jaala Lee Western Victoria ALP Eideh, Mr Khalil M. Western Metropolitan ALP Purcell, Mr James Western Victoria V1LJ Elasmar, Mr Nazih Northern Metropolitan ALP Ramsay, Mr Simon Western Victoria LP Finn, Mr Bernard Thomas C. Western Metropolitan LP Ratnam, Dr Samantha Shantini11 Northern Metropolitan Greens Fitzherbert, Ms Margaret Southern Metropolitan LP Rich-Phillips, Mr Gordon Kenneth South Eastern Metropolitan LP Gepp, Mr Mark5 Northern Victoria ALP Shing, Ms Harriet Eastern Victoria ALP Hartland, Ms Colleen Mildred7 Western Metropolitan Greens Somyurek, Mr Adem South Eastern Metropolitan ALP Herbert, Mr Steven Ralph6 Northern Victoria ALP Springle, Ms Nina South Eastern Metropolitan Greens Jennings, Mr Gavin Wayne South Eastern Metropolitan ALP Symes, Ms Jaclyn Northern Victoria ALP Leane, Mr Shaun Leo Eastern Metropolitan ALP Tierney, Ms Gayle Anne Western Victoria ALP Lovell, Ms Wendy Ann Northern Victoria LP Truong, Ms Huong12 Western Metropolitan Greens Melhem, Mr Cesar Western Metropolitan ALP Wooldridge, Ms Mary Louise Newling Eastern Metropolitan LP Young, Mr Daniel Northern Victoria SFFP
1 Resigned 28 September 2017 8 Resigned 25 February 2015 2 Appointed 15 April 2015 9 Appointed 12 October 2016 3 DLP until 26 June 2017 10 ASP until 16 January 2018 4 Resigned 27 May 2016 11 Appointed 18 October 2017 5 Appointed 7 June 2017 12 Appointed 21 February 2018 6 Resigned 6 April 2017 7 Resigned 9 February 2018
PARTY ABBREVIATIONS AC — Australian Conservatives; ALP — Labor Party; ASP — Australian Sex Party; DLP — Democratic Labour Party; Greens — Australian Greens; LP — Liberal Party; Nats — The Nationals; RV — Reason Victoria SFFP — Shooters, Fishers and Farmers Party; V1LJ — Vote 1 Local Jobs
CONTENTS
TUESDAY, 1 MAY 2018 Eastern Freeway rail reservation ...... 1483 Warrnambool Base Hospital ...... 1484 ACKNOWLEDGEMENT OF COUNTRY ...... 1451 Financial services sector ...... 1484 ROYAL ASSENT ...... 1451 Holocaust commemoration ...... 1484 ENGINEERS REGISTRATION BILL 2018 Ms Mikakos ...... 1485 Introduction and first reading ...... 1451 SERVICE VICTORIA BILL 2017 Statement of compatibility ...... 1451 Second reading ...... 1485, 1492, 1503 Second reading ...... 1456 Committee ...... 1527 GUARDIANSHIP AND ADMINISTRATION BILL 2018 BUDGET PAPERS 2018–19 ...... 1492 Introduction and first reading ...... 1458 QUESTIONS WITHOUT NOTICE Statement of compatibility ...... 1458 Small business assets ...... 1493, 1494 Second reading ...... 1466 North Richmond supervised injecting facility ...... 1494 LEGAL IDENTITY OF DEFENDANTS Timber industry ...... 1495 (ORGANISATIONAL CHILD ABUSE) BILL 2018 School cleaning contracts ...... 1495, 1496 Introduction and first reading ...... 1469 Electorate office budgets ...... 1496 Statement of compatibility ...... 1469 Electorate office staff ...... 1497 Second reading ...... 1471 Noojee logging ...... 1498 PARKS VICTORIA BILL 2018 Murray-Darling Basin plan ...... 1499 Introduction and first reading ...... 1473 Firearm regulation ...... 1499 Statement of compatibility ...... 1473 Written responses ...... 1500 Second reading ...... 1474 QUESTIONS ON NOTICE PETITIONS Answers ...... 1500 Vermont South cyclist safety ...... 1476 CONSTITUENCY QUESTIONS Crime prevention ...... 1476 Eastern Metropolitan Region ...... 1501, 1502 UNIVERSITY OF DIVINITY Eastern Victoria Region ...... 1501 Report 2017 ...... 1476 Northern Metropolitan Region ...... 1501, 1503 SCRUTINY OF ACTS AND REGULATIONS Southern Metropolitan Region ...... 1501 COMMITTEE Western Victoria Region ...... 1502 Alert Digest No. 5 ...... 1476 Northern Victoria Region ...... 1502 PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE Western Metropolitan Region...... 1502 Financial and performance outcomes 2016–17 ...... 1476 ADJOURNMENT Parliamentary Budget Officer appointment ...... 1477 Murray Valley Highway, Strathmerton ...... 1546 Budget estimates 2017–18 ...... 1478 Middle Gorge railway station ...... 1547 STANDING COMMITTEE ON THE ECONOMY AND Livestock theft ...... 1548 INFRASTRUCTURE Sunbury Road duplication ...... 1548 VicForests operations ...... 1478 Knoxfield dam ...... 1549 Lemnos solar plant ...... 1549 OMBUDSMAN Ballarat railway station precinct ...... 1549 Wodonga City Council’s overcharging of waste Fire services property levy ...... 1550 management levy ...... 1478 Asylum seeker support ...... 1550, 1552 Maribyrnong City Council’s internal review Freedom of information ...... 1551 practices for disability parking infringements ..... 1478 North Melbourne public housing estate ...... 1551 PAPERS ...... 1478 Hazelwood Pondage ...... 1552 NOTICES OF MOTION ...... 1480 Responses ...... 1552 BUSINESS OF THE HOUSE Adjournment ...... 1480 PRIVILEGES COMMITTEE WRITTEN RESPONSES TO QUESTIONS Membership ...... 1480 WITHOUT NOTICE MEMBERS STATEMENTS 30 MARCH TO 1 MAY 2018 Anzac Day ...... 1480, 1482, 1483, 1485 Pill testing ...... 1480 Flemington public housing jobs program ...... 1553 Hurstbridge rail line...... 1481 Fire services property levy ...... 1554 Shepparton rail services ...... 1481 Kangaroo pet food trial ...... 1554 Alfie Evans ...... 1481 Federation Square ...... 1555 Safe access zones ...... 1482 North Richmond playgroups ...... 1555 Harry Crick ...... 1482 Electorate office staff ...... 1556 Warrnambool Grand Annual Steeplechase ...... 1483 Electorate office budgets ...... 1556 Sunbury municipality ...... 1483 Container deposit scheme ...... 1556
CONTENTS
ANSWERS TO CONSTITUENCY QUESTIONS Werribee police numbers ...... 1587 Port Phillip Specialist School ...... 1587 30 MARCH TO 1 MAY 2018 Northern Metropolitan Region small business ...... 1588 Wind energy ...... 1588 Western Victoria Region ...... 1559 North-east rail line ...... 1588, 1591 Western Metropolitan Region ...... 1559 Land 400 project ...... 1589 Eastern Metropolitan Region ...... 1560 Regional forest agreements ...... 1590 Southern Metropolitan Region ...... 1561 Serrated tussock control ...... 1590 Eastern Metropolitan Region ...... 1561 Shepparton infrastructure projects ...... 1590 Western Metropolitan Region ...... 1562 Kingston City Council ...... 1591 Eastern Metropolitan Region ...... 1562 Melbourne Sports and Aquatic Centre ...... 1592 Eastern Victoria Region ...... 1563 Perth Avenue–Ballarat Road, Albion ...... 1592 Northern Victoria Region ...... 1563 Bus services ...... 1592 Southern Metropolitan Region ...... 1563 Docklands Demons Ice Racing Club ...... 1593 Eastern Victoria Region ...... 1564 Merrilands Community Centre ...... 1593 Western Victoria Region ...... 1564 Belgrave railway station car parking ...... 1594 Eastern Metropolitan Region ...... 1565 North-east link ...... 1594 Northern Metropolitan Region ...... 1566 Short-stay accommodation ...... 1594 Northern Victoria Region ...... 1566 Oromo community ...... 1595 Eastern Victoria Region ...... 1567 Bus contracts ...... 1595 Eastern Victoria Region ...... 1568 African-Australian community task force ...... 1596 Western Victoria Region ...... 1568 South Eastern Metropolitan Region ...... 1568 Western Victoria Region ...... 1569 QUESTIONS ON NOTICE Southern Metropolitan Region ...... 1569 Southern Metropolitan Region ...... 1570 TUESDAY, 1 MAY 2018 Northern Victoria Region ...... 1570 Western Metropolitan Region ...... 1571 10 549. Health ...... 1597 Eastern Victoria Region ...... 1571 11 028. Special Minister of State ...... 1598 Southern Metropolitan Region ...... 1571 11 220. Health ...... 1598 Western Metropolitan Region ...... 1572 11 229. Health ...... 1598 South Eastern Metropolitan Region ...... 1572 11 476. Premier ...... 1599 Eastern Metropolitan Region ...... 1573 11 492. Training and skills ...... 1599 Northern Metropolitan Region ...... 1573 11 498. Premier ...... 1599 Northern Metropolitan Region ...... 1574 11 515. Training and skills ...... 1599 Northern Victoria Region ...... 1574 11 521. Premier ...... 1600 Eastern Metropolitan Region ...... 1574 11 537. Training and skills ...... 1600 Southern Metropolitan Region ...... 1575 11 543. Premier ...... 1600 Eastern Victoria Region ...... 1575 11 559. Training and skills ...... 1600 Western Metropolitan Region ...... 1576 11 565. Premier ...... 1600 11 581. Training and skills ...... 1601 11 596. Special Minister of State ...... 1601 WRITTEN ADJOURNMENT RESPONSES 11 821. Health ...... 1601 11 822. Health ...... 1602 TUESDAY, 1 MAY 2018 12 387. Prevention of family violence ...... 1602 12 388. Prevention of family violence ...... 1602 Homelessness...... 1577, 1578 12 431. Roads and road safety ...... 1603 Pakington Street, Newtown, CCTV cameras ...... 1579 12 465. Planning ...... 1603 Elishacare ...... 1580 12 467. Tourism and major events ...... 1604 Buch Avenue, Epping ...... 1580 12 468. Tourism and major events ...... 1604 Melbourne tourism ...... 1581 12 471. Police ...... 1604 St Kilda police resources...... 1581 12 472. Police ...... 1604 Morwell crime prevention ...... 1582 12 474. Police ...... 1604 Thompsons Road–Allen Street, Bulleen ...... 1583 12 482. Education ...... 1605 Cannabis decriminalisation ...... 1583 12 519. Health ...... 1605 St Albans Leisure Centre ...... 1584 12 520. Public transport ...... 1606 School cleaners ...... 1584 12 527. Health ...... 1606 South Melbourne public housing estate ...... 1585 12 528. Health ...... 1607 Retail gift cards ...... 1586 12 536. Roads and road safety ...... 1607 Sex work legislation...... 1586 12 537. Roads and road safety ...... 1608
CONTENTS
12 538. Roads and road safety ...... 1608 MEMBERS INDEX ...... i 12 547. Roads and road safety ...... 1609 12 557. Roads and road safety ...... 1609 12 558. Roads and road safety ...... 1610 12 559. Roads and road safety ...... 1610 12 561. Roads and road safety ...... 1610 12 563. Early childhood education ...... 1610 12 567. Trade and investment ...... 1611 12 568. Treasurer ...... 1611 12 569. Treasurer ...... 1612 12 570. Tourism and major events ...... 1612 12 571. Tourism and major events ...... 1612 12 574. Tourism and major events ...... 1613 12 576. Tourism and major events ...... 1613 12 577. Industry and employment ...... 1613 12 578. Industry and employment ...... 1614 12 579. Industry and employment ...... 1614 12 580. Industry and employment ...... 1614 12 581. Industry and employment ...... 1615 12 582. Industry and employment ...... 1615 12 584. Energy, environment and climate change ...... 1615 12 585. Energy, environment and climate change ...... 1616 12 586. Energy, environment and climate change ...... 1616 12 587. Equality ...... 1616 12 588. Equality ...... 1617 12 589. Equality ...... 1617 12 590. Education ...... 1617 12 591. Equality ...... 1617 12 592. Families and children ...... 1618 12 593. Families and children ...... 1618 12 594. Families and children ...... 1619 12 596. Families and children ...... 1619 12 598. Families and children ...... 1620 12 599. Early childhood education ...... 1620 12 601. Early childhood education ...... 1620 12 603. Early childhood education ...... 1621 12 604. Families and children ...... 1621 12 605. Families and children ...... 1621 12 606. Families and children ...... 1622 12 607. Early childhood education ...... 1622 12 612. Housing, disability and ageing ...... 1623 12 613. Housing, disability and ageing ...... 1623 12 618. Roads and road safety ...... 1623 12 619. Roads and road safety ...... 1623 12 621. Roads and road safety ...... 1624 12 622. Roads and road safety ...... 1624 12 623. Roads and road safety ...... 1624 12 629. Education ...... 1625 12 630. Roads and road safety ...... 1625 12 631. Roads and road safety ...... 1625 12 632. Energy, environment and climate change ...... 1626 12 639. Roads and road safety ...... 1626 12 641. Roads and road safety ...... 1627 12 646. Training and skills ...... 1627 12 647. Training and skills ...... 1627 12 654. Agriculture ...... 1628
ACKNOWLEDGEMENT OF COUNTRY
Tuesday, 1 May 2018 COUNCIL 1451
Tuesday, 1 May 2018 provide professional engineering services in Victoria. It is intended that over time, other areas of engineering will be included in the scheme. A register of engineers will be The PRESIDENT (Hon. B. N. Atkinson) took the established under the act. chair at 12.05 p.m. and read the prayer. The bill ensures consistent eligibility criteria across Victoria ACKNOWLEDGEMENT OF COUNTRY for engineers, establishes minimum continuous professional development requirements and provides a three-year registration for professional engineers. The PRESIDENT (12:05) — On behalf of the Victorian state Parliament I acknowledge the The registration scheme will be jointly administered by the Aboriginal peoples, the traditional custodians of this Business Licensing Authority (BLA), Consumer Affairs land which has served as a significant meeting place of Victoria (CAV) and, in relation to engineers engaged in the building industry, the Victorian Building Authority (VBA), the first people of Victoria. I acknowledge and pay with assessment undertaken by approved assessment entities. respect to the elders of the Aboriginal nations in Among other things, the bill will confer on CAV a range of Victoria past and present and welcome any elders and entry and inspection powers to enable CAV the ability to members of the Aboriginal communities who may visit effectively enforce the provisions of the bill. or participate in the events or proceedings of the The bill contains provisions to transition engineers currently Parliament this week. registered under the Building Act 1993 into the Engineers Registration Scheme when their current registration renewals ROYAL ASSENT fall due. The bill also makes consequential amendments to a range of other acts.
Message read advising royal assent on 10 April to: Human rights issues
Children Legislation Amendment (Information Human rights protected by the charter that are relevant to Sharing) Act 2018. the bill In my opinion, the human rights under the charter that are ENGINEERS REGISTRATION BILL 2018 relevant to the bill are: Introduction and first reading a. the right to equality as protected by section 8 of the charter; Received from Assembly. b. the right to privacy and reputation as protected by section 13 of the charter; Read first time on motion of Mr JENNINGS (Special Minister of State); by leave, ordered to be c. the right to freedom of expression as protected by read second time forthwith. section 15 of the charter;
Statement of compatibility d. property rights as protected by section 20 of the charter;
Mr JENNINGS (Special Minister of State) tabled e. rights in criminal proceedings as protected by following statement in accordance with Charter of section 25 of the charter; and Human Rights and Responsibilities Act 2006: f. the right not to be punished more than once as In accordance with section 28 of the Charter of Human Rights protected by section 26 of the charter. and Responsibilities Act 2006 (the charter), I make this statement of compatibility with respect to the Engineers For the reasons outlined below, I am of the view that the bill Registration Bill 2018. is compatible with each of these human rights.
In my opinion, the Engineers Registration Bill 2018 (the bill), Equality as introduced to the Legislative Council, is compatible with human rights as set out in the charter. I base my opinion on Section 8(3) of the charter provides that every person is the reasons outlined in this statement. entitled to equal protection of the law without discrimination and has the right to equal and effective protection against Overview discrimination.
This bill establishes a single registration scheme for engineers Clause 12(2)(c) of the bill disqualifies a person from to promote professional development within the engineering obtaining or renewing a registration on the grounds that they profession; reduce the risk of loss and harm to the public; and are a represented person within the meaning of the give consumers more confidence in procuring professional Guardianship and Administration Act 1986 (guardianship engineering services. act). A represented person is a person subject to a guardianship or administration order under the guardianship The bill will require individuals to be registered in one or act. Persons subject to such orders are persons with more areas of engineering in order to be able to lawfully
ENGINEERS REGISTRATION BILL 2018
1452 COUNCIL Tuesday, 1 May 2018
disabilities who are unable to make reasonable judgements given their consent for their information to be checked or about certain matters. verified, in my opinion there will be no limitation on the right to privacy or reputation where the relevant information is In my view, this disqualification criterion is a reasonable obtained, reviewed and shared within the confines of the limitation on the right to equality. A represented person is relevant provisions. disqualified under clause 12(2)(c) of the bill because of his or her inability to make reasonable judgements about certain The register matters, rather than because of his or her disability. The provisions recognise the fact that a represented person cannot Clause 28 requires the licensing registrar to establish and keep carry out the functions of a professional engineer providing a register of professional engineers that contains certain professional engineering services. prescribed particulars. Clause 29 requires that certain information from the register must also be published on the Accordingly, clause 12(2)(c) does not discriminate against BLA’s website. The information to be listed on both the represented persons. register and the website will include not only information relating to current registered engineers but also matters Right to privacy and reputation relating to discipline of those engineers.
Section 13 of the charter provides that a person has the right The purposes of the register include recording necessary not to have his or her privacy, family, home or correspondence information to monitor compliance with the registration unlawfully or arbitrarily interfered with. An interference will scheme and to allow the BLA, CAV and VBA to fulfil their be lawful if it is permitted by a law which is precise and obligations. The register will also make information about appropriately circumscribed, and will be arbitrary only if it is registered engineers, or engineers who were previously capricious, unpredictable, unjust or unreasonable, in the sense registered, available to the public. This serves the important of being disproportionate to the legitimate aim sought. purpose of promoting transparency, which will in turn assist consumers to make informed decisions about whether to Several clauses of the bill provide the BLA and VBA with engage a particular engineer. broad powers to access the private information of individuals in order to determine applications for registration, registration Clause 28 sets out when the BLA is able to record the renewal, endorsement and endorsement renewal; determine information on the register, and provides that the information applications for approvals of assessment schemes; and about a disciplinary or criminal sanction is to remain on the regulate registrations and assessment schemes. Additionally, register until the expiry of five years after the sanction ceases the bill provides CAV inspectors with powers of entry, search to have effect. and seizure that may interfere with the privacy of individuals. Not all of the information disclosed in the register will be of a Obtaining, using and sharing the personal information of private nature. Nevertheless, to the extent that the right to applicants and registered engineers privacy is relevant to the information required to be listed on the register, I believe that any interference with that right is Division 1 of part 2 of the bill sets out the application lawful and not arbitrary. The particulars which are to be listed processes for obtaining registration as an engineer, as well as on the register and the website are clearly set out in clauses 28 for the renewal of a registration. An application for a and 29, and their listing is therefore a known condition of any registration or renewal must be accompanied by prescribed person seeking to be registered as an engineer. The collection information. and publication of information on the register is necessary for and tailored to ensuring compliance with the registration It also sets out the process by which the BLA and VBA may scheme and promoting transparency, and accordingly does conduct inquiries concerning an application to enable it to be not constitute an arbitrary interference with privacy. satisfied that the applicant is suitable to be granted a registration or have a registration renewed, including in the Compliance and enforcement powers of inspectors case of an applicant who wishes to be engaged in the building industry, whether they are a ‘fit and proper person’ within the Part 6 of the bill provides for the powers of CAV inspectors meaning of the Building Act 1993 to hold an endorsement. to monitor compliance and investigate potential contraventions of the bill. Division 1 of part 3 sets out the process by which assessment entities may seek to have their assessment schemes approved. Clause 71 requires a registered engineer or their employer to As assessment entities can be natural persons, the information keep all documents relating to their practice as a professional sought may also engage the right to privacy. engineer and make them available for inspection at all reasonable times. Former registered engineers or their Although the right to privacy is relevant to the provisions employers must also make documents available for inspection governing registration, endorsement, approval schemes and in a form and at a place where they can be readily inspected. renewal applications, applicants who are seeking to participate in a regulated industry have a diminished Under clauses 71 to 76, registered engineers, their employers expectation of privacy. The information that will be initially and certain third parties who have possession, custody or sought by the BLA and VBA is only information that is control of documents relating to an engineer’s practice as a necessary for or relevant to the determination of the professional engineer, can be required to produce documents applications, and any subsequent exercise of the and answer questions relating to the engineer’s practice as a information-gathering powers are a direct consequence of professional engineer. The bill also provides for specified their application. public bodies, certain other specified persons or bodies, and authorised deposit-taking institutions to produce information Given that there is a reduced expectation of privacy in this upon request of an inspector for the purpose of monitoring context, and the applicants and relevant persons will have compliance with the bill or regulations.
ENGINEERS REGISTRATION BILL 2018
Tuesday, 1 May 2018 COUNCIL 1453
Clause 77 permits an inspector, with the written approval of It may be that the right to freedom of expression extends to the director of CAV, to apply to the Magistrates Court for an certain kinds of commercial expression. However, commercial order requiring a person to answer questions or supply expression is generally afforded a lesser degree of protection information relating to a registered engineer’s practice as a under the right compared with political or artistic expression. professional engineer. Following consideration of evidence, if Restrictions on commercial expression are likely to be subject a magistrate is satisfied that such an order is necessary for the to less scrutiny generally on the basis that commercial purpose of monitoring compliance with the regime, the expression serves a private, rather than a public, interest. Also, magistrate may grant an order requiring supply of information as with other forms of expression, commercial expression is and answers. subject to section 15(3) of the charter. In these cases, the provision aims to protect consumers from being misled and so The bill also provides for the entry, search and seizure powers is necessary for the protection of the public interest. of CAV inspectors. Inspectors may exercise powers of entry to any premises with the consent of the occupier, or where In light of the fact that these new sections serve to protect entry to the premises is open to the public. In the case of consumers from being misled by persons who are providing premises at which a registered engineer or their employer is professional engineering services but who are not conducting a business of providing professional engineering appropriately registered or qualified, these provisions do not services, inspectors may, for the purpose of monitoring in my view limit the right to freedom of expression. They do compliance and only during ordinary business hours, enter not fall within the protected scope of section 15(2) of the and search those premises without consent and seize items charter, or in the alternative, they fall within the exceptions to and inspect or make copies of documents. For premises that the right in section 15(3) of the charter, as reasonably are not those at which a registered engineer or their employer necessary to respect the rights of other persons and for the is conducting the business, where an inspector believes on protection of public order and public health. reasonable grounds that there is evidence on those premises of a contravention of the bill or regulations, CAV inspectors Provision of assistance when search warrant executed may apply to the Magistrates Court for a search warrant. Clause 84 will enable an inspector to be authorised by warrant In my view, while the exercise of these compliance and to require a person to provide reasonable and necessary enforcement powers may interfere with the privacy of an assistance or information to enable information in electronic individual in some cases, any such interference will be lawful or digital format to be accessed from the premises the subject and not arbitrary. As noted above, the purpose of the of the warrant. inspection powers is to enforce compliance with the bill and relevant registration conditions, to ensure professional These provisions enable appropriate oversight and monitoring engineering services are provided in a competent manner. of compliance with the bill. They only allow an inspector or Engineers and others engaged in providing professional the director to require information, documents or assistance to engineering services have a diminished expectation of privacy the extent that it is reasonably necessary to determine in the regulatory context, and it is reasonable that they can be compliance or non-compliance with the bill. A warrant issued required to produce information and permit entry to business under clause 84 compelling the provision of information or premises for compliance purposes. In the case of persons who assistance can only be issued if a magistrate is satisfied that an are not involved in providing professional engineering inspector has reasonable grounds to believe a contravention services, inspectors’ powers to require third parties to answer has occurred and after consideration of the rights and interests questions or provide information are limited to those of the parties to be affected by the warrant. individuals who have control over relevant documents and information, or bodies that are likely to hold relevant The assistance of the persons to whom these provisions relate information, and only for the purpose of monitoring is necessary to conduct investigations into whether or not the compliance. If it becomes necessary for enforcement regulatory obligations of the bill are being complied with. purposes to require any other third party to answer questions Although an engineer or other person at premises from which or produce information, the bill only provides inspectors with professional engineering services are being provided may not these powers where a magistrate has first made an order. wish to offer information in respect of the provision of those Right to freedom of expression services, their cooperation is essential to ensuring the effectiveness of the regulatory scheme. The assistance of Section 15(2) of the charter provides that every person has the those responsible for, and familiar with, the processes and right to freedom of expression. Section 15(3) of the charter operations of the engineer’s practice is necessary to enable provides that special duties and responsibilities are attached to investigations into regulatory compliance. the right to freedom of expression and that the right may be subject to lawful restrictions reasonably necessary to respect Right to property the rights of other persons or for the protection of national A number of provisions in the bill provide for the seizure of security, public order, public health or public morality. documents and things and may therefore interfere with the Offence to make certain representations right to property. Section 20 of the charter provides that a person must not be deprived of their property other than in Clause 68 of the bill provides that it is a criminal offence for a accordance with law. This right requires that powers which person who is not registered as an engineer in a particular area authorise the deprivation of property are conferred by of engineering to represent that they are registered to provide legislation or common law, are confined and structured rather professional engineering services in that area of engineering. than unclear, are accessible to the public, and are formulated Further, the clause also restricts representations that they are precisely. an endorsed building engineer or that they are registered.
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Search and seizure powers of inspectors monitoring of compliance with embargo notices is subject to the supervision of the Magistrates Court. Any such The bill provides that CAV inspectors may, for the purpose of deprivation will therefore be lawful and will not limit monitoring compliance, enter any premises with consent and section 20 of the charter. examine and seize anything found on the premises believed to be connected with a contravention of the bill or regulations, Requirements for retention and return of seized documents or provided the occupier consents to the seizure. The bill also things provides, in the case of premises at which a registered engineer or their employer is conducting a business of Clause 90 of the bill imposes a number of requirements that providing professional engineering services, that an inspector inspectors must comply with where they have retained may enter and seize or secure against interference anything possession of a document or item in accordance with any of believed to be connected with a contravention of the bill or the seizure or retention powers conferred by the bill. These regulations. In addition, seizure of items may occur in requirements will ensure that a person is provided with a accordance with a search warrant issued by a magistrate certified copy of any documents seized or taken from them, where there are reasonable grounds to believe that there is a and that inspectors take reasonable steps to return documents thing connected with the contravention of the bill or or things to the person from whom it was seized either if the regulations on any premises. reason for their seizure no longer exists, or in any event return them within three months unless an extension is granted by a In each provision that permits inspectors to seize or take items magistrate. or documents, the powers of inspectors are strictly confined. For instance, before items are seized with consent, inspectors In my opinion, for the reasons outlined above, any interference must first inform the occupier that they may refuse to give with property occasioned by the bill is in accordance with law consent and that anything that is seized may be used in and is therefore compatible with the charter. evidence. Where a magistrate issues a search warrant, only things named or described in the warrant, or things that are of Rights in criminal proceedings a kind which could have been included in the search warrant, are permitted to be seized, and the rules in the Magistrates’ Presumption of innocence — reverse onus Court Act 1989 that govern the use of search warrants will The right in section 25(1) of the charter is relevant where a apply. Entry and seizure without consent or warrant is only statutory provision shifts the burden of proof onto an accused permitted in the case of premises at which an engineer or their in a criminal proceeding, so that the accused is required to employer is conducting a business providing professional prove matters to establish, or raise evidence to suggest, that he engineering services, and the powers of inspectors are or she is not guilty of an offence. appropriately circumscribed to only permit seizure of, or secure against interference, material necessary to investigate Clause 92 of the bill makes it an offence for the occupier of a breaches of the bill. premises where an inspector is exercising a right of entry for compliance enforcement purposes, or an agent or employee Embargo notices of the occupier, to, without reasonable excuse, refuse to Where a search warrant authorises the seizure of a thing that comply with a requirement of the inspector. These cannot, or cannot readily, be physically removed, clause 87 of requirements include giving oral or written information to the the bill provides for an inspector to issue an embargo notice inspector, producing documents to the inspector, and giving prohibiting a person from selling, leasing, transferring, reasonable assistance to the inspector. moving, disposing of or otherwise dealing with the thing or By creating a ‘reasonable excuse’ exception, the offence in any part of the thing. Performing a prohibited act in relation to clause 92 may be viewed as placing an evidential burden on a thing, where a person knows that an embargo notice relates the accused, in that it requires the accused to raise evidence as to the thing, is an offence. Further, the bill renders any sale, to a reasonable excuse. However, in doing so, this offence lease, transfer or other dealing with a thing in contravention does not transfer the legal burden of proof. Once the accused of clause 87 void. has pointed to evidence of a reasonable excuse, which will The bill enables an inspector, for the purpose of monitoring ordinarily be peculiarly within their knowledge, the burden compliance with an embargo notice, to apply to the shifts back to the prosecution who must prove the essential Magistrates Court for an order requiring the owner of the elements of the offence. I do not consider that an evidential thing, or the owner of the premises where it is kept, to answer onus such as this provision limits the right to be presumed questions or produce documents, or any other order incidental innocent, and courts in other jurisdictions have taken this to or necessary for monitoring compliance with the embargo approach. notice or clause 87. An inspector may also, with the written For these reasons, in my opinion, clause 92 does not limit the approval of the director of CAV, apply to a magistrate for the right to be presumed innocent. issuing of a search warrant permitting entry to where the embargoed thing is kept, for the purposes of monitoring Right to protection against self-incrimination compliance with an embargo notice. Section 25(2)(k) of the charter provides that a person charged To the extent that the restriction on selling, leasing, with a criminal offence is entitled not to be compelled to transferring, moving, disposing of or otherwise dealing with testify against himself or herself or to confess guilt. This right the thing that is subject to an embargo notice constitutes a is at least as broad as the common-law privilege against deprivation of property, any such deprivation is for the self-incrimination. It applies to protect a charged person purposes of ensuring that enforcement action under the bill is against the admission in subsequent criminal proceedings of not frustrated due to disposal of evidence. These restrictions incriminatory material obtained under compulsion, regardless can only occur in clearly circumscribed circumstances, and
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of whether the information was obtained prior to or right against self-incrimination is therefore appropriately subsequent to the charge being laid. tailored and the least restrictive means to achieve the regulatory purpose. The right in section 25(2)(k) of the charter is relevant to clause 93, which applies to the enforcement powers of CAV Clause 84 of the bill will enable a warrant issued under inspectors provided by part 6 of the bill. clause 77 of the bill to authorise an inspector to require a person to provide reasonable and necessary information or Clause 93 provides that it is a reasonable excuse for a person assistance. Clause 84 of the bill provides that it is not a to refuse or fail to give information or do any other thing that reasonable excuse for a natural person to refuse or fail to the person is required to do under part 6, if the giving of the provide information or assistance that a person is required to information or the doing of the thing would tend to provide under clause 84 if the provision of the information or incriminate the person. However, this protection does not assistance would tend to incriminate the person. apply to the production of a document that the person is required to produce under part 6, and is therefore a limited This clause of the bill is directed to addressing the increasing abrogation of the privilege against self-incrimination. prevalence of storage of business documents and information in digital or electronic format, including ‘off-site’ storage in The privilege against self-incrimination generally covers the cloud networks. Commonly, access to such information is compulsion of documents or things which might incriminate subject to security requirements such as passwords or a person. However, the application of the privilege to encryption technology. If a trader were able to refuse to pre-existing documents is considerably weaker than that provide a necessary password or de-encryption key to access accorded to oral testimony or documents that are required to business documents the regulatory scheme would be brought into existence to comply with a request for increasingly become unable to be effectively administered. information. I note that some jurisdictions have regarded an order to hand over existing documents as not constituting The information or assistance contemplated under clause 84 self-incrimination. is for the purpose of enabling access to information concerning an alleged contravention of the bill. A duty to The primary purpose of the abrogation of the privilege in provide such information or assistance is consistent with the relation to documents is to facilitate compliance with the reasonable expectations of persons who participate in a scheme by assisting inspectors to access information and regulated activity with associated duties and obligations. evidence that is difficult or impossible to ascertain by Moreover, it is necessary for regulators to have access to such alternative evidentiary means. Taking into account the information to ensure the effective administration of the protective purpose of the bill, there is significant public scheme. interest in ensuring that professional engineering services are being provided in compliance with the provisions of the bill The bill does not limit section 25(2)(k) in this respect, and the regulations. because the person required to assist an inspector is not a person who has been charged with a criminal offence. The There is no accompanying ‘use immunity’ that restricts the execution of the warrant occurs before any action for a use of the produced documents to particular proceedings. contravention of the bill or regulations is taken. In addition, However, any limitation on the right in section 25(2)(k) that is the person is not being required to testify against himself or occasioned by the limited abrogation of the privilege in herself because they are not giving evidence in court. Finally, respect of produced documents is directly related to its the person is not being required to confess guilt. While the purpose. The documents that an inspector can require to be information the person provides may enable an inspector to produced are those connected with an engineer’s practice as a obtain evidence that incriminates the person, the giving of that professional engineer, and for the purpose of monitoring information, such as a computer password or similar, is not in compliance with the bill or regulations. Importantly, the itself a confession of guilt. requirement to produce a document to an inspector does not extend to having to explain or account for the information Even if the bill could be said to limit section 25(2)(k), the contained in that document. If such an explanation would limitations are reasonable and justified because of the fact that tend to incriminate, the privilege would still be available. the investigation could be blocked by non‐disclosure of the relevant information (such as a password to access a Further, clause 71 of the bill creates an obligation for computer). If a person has locked hard copy business registered engineers and their employers to keep all documents in a cupboard, an inspector would not need the documents relating to the practice as an engineer available for person’s assistance in breaking into the cupboard, under inspection, and for former registered engineers to make warrant, to seize that evidence and the person has no right to documents relating to the engineer’s practice as an engineer try to block the inspector from breaking into that cupboard. If available for inspection. The duty to provide those documents the person has also ‘locked’ business records inside a is consistent with the reasonable expectations of persons who computer through encryption, the person should not, simply operate a business within a regulated scheme. Moreover, it is because of their use of more sophisticated technology, now be necessary for the regulator to have access to documents to empowered to stymie investigations by refusing to divulge ensure the effective administration of the regulatory scheme. the electronic key to that evidence.
There are no less restrictive means available to achieve the There is also the safeguard that the magistrate issuing the purpose of enabling inspectors to have access to relevant search warrant will have discretion not to include such a documents. To excuse the production of such documents power in the warrant where the inspector applying for the where a contravention is suspected would allow persons to warrant has not made out an adequate case for the need for circumvent the record-keeping obligations in the bill and such a power. significantly impede inspectors’ ability to investigate and enforce compliance with the scheme. Any limitation on the
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The bill does not provide a use immunity in relation to engineering profession by ensuring that no unfit persons are material seized as a result of the disclosure of a password. To granted registration. do so would undermine the central point of the new power, to enable inspectors to access material that has been Accordingly, I am of the opinion that the eligibility criteria intentionally hidden or encrypted. As I have noted, a person are compatible with the right in section 26 of the charter. who locked records in a cupboard cannot prevent an inspector from accessing those records under a search warrant. Where Clause 60 enables VCAT to take disciplinary action against a the person has simply used a more technologically registered engineer. Such action can be taken where VCAT is sophisticated form of locking device (computer encryptions), satisfied that a registered engineer has contravened the bill or they should not have any greater power to stymie an regulations, including where a person has been convicted or investigation. found guilty of an offence. Where an action under clause 60 follows a conviction for an offence under another provision, a There are no less restrictive means available to achieve the question arises as to whether a disciplinary action constitutes purpose of enabling regulators to have access to relevant double punishment for the purposes of the right in section 26 digital or electronic information. To excuse the provision of of the charter. information and assistance to enable access to digital or electronic records would significantly impede the regulator’s The actions that may be taken by VCAT under clause 60 are ability to investigate and enforce compliance of the scheme in of a regulatory nature and are for the purpose of protecting the the contemporary business environment. integrity of the registration scheme by ensuring there is appropriate accountability, rather than being aimed at To the extent that clause 84 of the bill could enable a person’s punishing the engineer. VCAT’s powers under the bill are right to protection against self-incrimination and a right to a supervisory and protective in nature and any such disciplinary fair trial to be limited in compliance with a warrant action under the bill does not amount to a finding of criminal authorising an inspector to require information, which is guilt. Further, even if some of the actions that may be taken likely to be minimal, I consider this to be reasonable and against a registration scheme under clause 60 amount to a justifiable. sanction, those sanctions are not of a criminal nature and the right in section 26 of the charter does not preclude imposition For the above reasons, I consider that to the extent that of civil consequences for the same conduct. clauses 84 and 93 may impose a limitation on the right against self-incrimination, that limitation is reasonable and I therefore consider that clause 60 does not engage section 26 justified under section 7(2) of the charter. of the charter.
Right not to be punished more than once Conclusion
Section 26 of the charter provides that a person has the right I consider that the bill is compatible with the charter because, not to be tried or punished more than once for an offence in to the extent that some provisions may limit human rights, respect of which he or she has already been finally convicted those limitations are reasonable and demonstrably justified in or acquitted in accordance with law. a free and democratic society.
Clause 12 of the bill sets out the eligibility criteria for Gavin Jennings, MLC applications to be registered as an engineer and renewal Special Minister of State applications. According to these criteria, an applicant may be refused registration in circumstances including where that Second reading person has previously been convicted or found guilty of certain indictable offences. Similarly, consideration of an Ordered that second-reading speech be application for an endorsement under clause 14 may give rise incorporated into Hansard on motion of to similar considerations. Mr JENNINGS (Special Minister of State). The right in section 26 of the charter has been interpreted as applying only to punishments of a criminal nature and does Mr JENNINGS (Special Minister of State) not preclude the imposition of civil consequences for the (12:08) — I move: same conduct. That the bill be now read a second time. I do not consider that the consequences under these clauses are punitive so as to engage section 26. Their purpose is not to Incorporated speech as follows: punish the convicted person, but to protect the integrity of the registration regime by ensuring that only appropriate persons Prior to the 2014 election, the Victorian Labor government are able to be registered. Disqualification is based solely upon committed to: ‘work with relevant stakeholders on the the fact of a conviction or finding of guilt for particular kinds introduction of a mandatory, statutory registration scheme and of offences, rather than a consideration of the individual work with other jurisdictions to develop a nationally offending of the relevant person. However, the kind of consistent registration scheme for engineers’. offending which is caught is either the standard criteria employed across a number of occupational licensing schemes A registration scheme for engineers is an integral part of the regulated by the BLA and other laws that impose specific government’s plan for infrastructure. We have already obligations on persons providing professional engineering established Infrastructure Victoria and the office of Projects services. These provisions are therefore targeted at, and Victoria, and appointed the chief engineer, to ensure consistent with, one of the purposes of establishing the Victoria’s infrastructure is world class. We also have many registration scheme, namely to effectively regulate the new major projects underway including the Melbourne Metro
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Rail Tunnel, the West Gate tunnel and the level crossing prescribed by regulation. Over time, it is expected that the removal project. scheme will expand to cover other areas of engineering.
However, the Andrews Labor government’s investment in Once rolled out to a particular area of engineering, the infrastructure is bringing with it an important challenge: a registration scheme established by the bill will prohibit any need for suitably qualified and experienced engineers to person from providing professional engineering services in develop and oversee these projects. that particular area of engineering unless they are either registered in the area, working under the direct supervision of However, it is not just in infrastructure where engineers are an engineer registered in the area, or working in accordance critical to the state’s future economic development. Engineers with a prescriptive standard such as an Australian standard. are central to driving greater innovation and productivity growth across the whole economy, from manufacturing to The bill will also prohibit unregistered people from new energy technologies. representing that they are a registered engineer, can provide professional engineering services or are an endorsed building Despite the fundamental role in the economy that engineers engineer. have, the often complex nature of their work and the importance of their work in ensuring public safety, most The registration scheme is based on a co-regulatory engineers are not required to hold any kind of formal registration model which will be managed by the Business registration or licence. This stands in contrast to almost all Licensing Authority (BLA), with support from Consumer other professionals in Victoria, including lawyers, doctors, Affairs Victoria (CAV), approved assessment entities, and the nurses, architects and teachers. Victorian Building Authority (VBA). Reflecting its important new role, membership of the BLA will be expanded to At the moment in Victoria, only engineers engaged in the include a person who has qualifications and experience in the building industry need to be registered, and even then, field of engineering. coverage is limited to civil, electrical, mechanical and fire safety engineering. Such limited coverage means that only a The Victorian scheme is modelled closely on the Queensland small proportion of engineers in Victoria have had to have scheme. However, some differences exist due to differences their qualifications and experience scrutinised. in legislative requirements in the two jurisdictions. For example, engineers engaged in the building industry in Further, the engineering profession is increasingly globalised. Victoria must hold professional indemnity insurance to Many of Australia’s trading partners have recognised this and underpin certification requirements under section 238 of the have begun to establish engineering registration schemes as Building Act 1993. an important tool to help promote exports of their engineers’ services. A government-backed registration scheme will help Under the co-regulatory model, the BLA will approve give Victorian engineers the edge they need to compete in this assessment entities. Before doing so, the BLA will be able to global marketplace by giving prospective purchasers of their seek the advice of the chief engineer. Assessment entities will services the assurance that the engineer they engage is have to satisfy the BLA that they will be capable of suitably qualified and experienced, and will comply with undertaking a range of different matters related to the well-recognised and internationally understood professional assessment of an applicant for registration, including benchmarks. assessing qualifications and competencies, ensuring audits of continuing professional development and providing The government has undertaken extensive consultation with independent and authoritative assessments in a timely fashion. stakeholders, and I would like to thank those stakeholders for The bill also sets out the process for revoking an assessment their input into the bill. The professional associations entity’s approval if they fail to meet these requirements. representing engineers have expressed strong support for the introduction of a registration scheme, and many of those same After an engineer is approved by the assessment entity, they associations have also expressed an interest in becoming may then apply to the BLA to be registered. The BLA will assessment entities as the registration scheme rolls out to their also take over registration functions for engineers engaged in areas of engineering. the building industry from the VBA once the scheme comes into effect. This brings me to the key features of the bill. Before deciding to register an applicant, as well as The bill in detail considering the report of the assessment entity, the BLA will assess whether the engineer meets a number of other The engineers registration scheme that the bill proposes will eligibility criteria. In addition, the BLA will be able to check a at its onset regulate five areas of engineering including civil range of probity matters. Where an engineer wishes to be engineer, structural engineer, mechanical engineer, electrical engaged in the building industry, the bill establishes a process engineer and fire-safety engineer. A separate endorsement where the VBA can check a range of building-related probity will apply for engineers who are ‘engaged in the building matters in relation to applicants for building industry industry’. Feedback from stakeholders indicates that these endorsements, including whether the engineer has the areas of engineering cover most of the engineers operating in required insurance under the Building Act 1993. The VBA Victoria. Further, these areas cover about 80 per cent of will then report their assessment to the BLA. engineers registered under the Queensland Professional Engineers Act 2002. Registration in these specified areas will If satisfied that a person is eligible for registration, the BLA be rolled out progressively, with the regulations able to will add the person to the register of professional engineers. specify when engineers in an area of engineering require This register will enable consumers to check details of the registration through the use of the exemption power. registered engineer, including conditions on the registration, However, the bill enables other areas of engineering to be as well details of disciplinary matters up to five years old.
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This will further assist consumers to choose high-quality Debate adjourned for Mr RICH-PHILLIPS (South engineering services. Eastern Metropolitan) on motion of Mr Ondarchie. Registration will be valid for a period of three years, and the BLA may impose conditions on the registration. After three Debate adjourned until Tuesday, 8 May. years, an engineer may renew their registration by applying to the BLA and paying a registration fee. It is expected that a GUARDIANSHIP AND ADMINISTRATION condition for renewal is completion of continuous professional development of 150 hours over the last three BILL 2018 years. In addition, it is expected that assessment entities will also have to conduct regular audits of CPD. Introduction and first reading If an application for a registration or registration renewal is Received from Assembly. refused by the BLA, or a condition is imposed, the applicant will be able to seek review of the decision by the Victorian Read first time on motion of Mr JENNINGS Civil and Administrative Tribunal (VCAT). (Special Minister of State); by leave, ordered to be Engineers who are already registered under the Building Act read second time forthwith. will have those registrations recognised under the new scheme. Further, because engineers who have been registered Statement of compatibility under the Building Act in the past may not have the necessary qualifications to meet assessment scheme standards, they will Mr JENNINGS (Special Minister of State) tabled be given up to five years to complete any necessary training. following statement in accordance with Charter of The bill also sets up a disciplinary system that will see CAV Human Rights and Responsibilities Act 2006: or the VBA taking the lead, depending on whether an engineer has an endorsement. Where an engineer has been In accordance with section 28 of the Charter of Human Rights engaged in both building-related and non-building-related and Responsibilities Act 2006, (the charter), I make this engineering, if the engineer is an endorsed building engineer, statement of compatibility with respect to the Guardianship the VBA will take the lead on investigating and disciplining and Administration Bill 2018. the engineer in relation to the endorsement. In my opinion, the Guardianship and Administration Bill This dual regulator approach has been proposed to ensure that 2018, as introduced to the Legislative Council, is compatible the VBA can continue to carry out ‘end to end’ investigations with human rights as set out in the charter. I base my opinion of non-compliant building work. Engineers will be subject to on the reasons outlined in this statement. the disciplinary grounds of the Building Act in relation to their endorsement. They will be subject to the grounds in the Overview Engineers Registration Act in relation to their registration. The Guardianship and Administration Bill 2018 repeals the Disciplinary sanctions for engineers under the bill will be Guardianship and Administration Act 1986 (GA act), similar to those available under the Building Act to ensure re-enacts with amendments the law relating to guardianship that engineers face consistent outcomes regardless of whether and administration, and amends various other acts. their misconduct was building-related or not. The bill provides a legislative scheme in relation to Disciplinary procedures will be slightly different. It is guardianship and administration by: continuing the Office of expected that CAV will generally apply directly to VCAT for the Public Advocate and providing for the appointment of a disciplinary action in relation to a registration, while the VBA public advocate; enabling certain persons with disability to will use the show cause process in the Building Act 1993 in have a supportive guardian, supportive administrator, guardian relation to an endorsement. In practice, outcomes from these or administrator appointed in specified circumstances; processes are likely to be consistent, because engineers who enabling an administrator to be appointed for certain missing are dissatisfied with a proposed sanction imposed by the persons; improving processes at the Victorian Civil and VBA may apply to VCAT for a review of that sanction. Administrative Tribunal (VCAT) in relation to guardianship The bill also sets out a range of entry powers available to the and administration applications; and providing a process for director of Consumer Affairs Victoria. It also applies a range VCAT to consent to special medical procedures on behalf of of powers under the Australian Consumer Law and Fair persons incapable of giving consent to those procedures. Trading Act 2012 to ensure courts can order redress or make The bill aims to provide a solution to the challenges posed a range of other orders consistent with other consumer acts when a person with disability lacks decision-making capacity administered by CAV. The VBA will rely on entry powers in relation to certain matters. In such circumstances, the bill under the Building Act 1993 in relation to engineers who enables a guardian or an administrator to be appointed by have a building industry endorsement. VCAT, in order to promote the person’s personal and social The engineers registration scheme proposed by the bill will: wellbeing. The bill contains many safeguards, which protect help to promote professional development within the the rights of persons affected by the bill. Importantly, the bill engineering profession; reduce the risk of loss and harm to the expressly provides that provisions of the bill and powers, public; and give consumers more confidence in procuring functions and duties conferred or imposed by the bill are to be engineering services. It will also improve opportunities for the interpreted to adopt the way which is the least restrictive of a export of engineering services by Victorian engineers. person’s ability to decide and act, and so that a person is given all the possible support to enable that person to exercise I commend the bill to the house. their decision-making capacity (clause 8). In addition, the bill
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provides that a person making a decision for a represented represented person’s investments (clause 48), undertake legal person must have regard to the following key principles: the proceedings on behalf of the represented person in relation to decision-maker should give all practicable and appropriate a specified financial matter (clause 51) and make a gift of the effect to the person’s will and preferences, if known; if the represented person’s property in certain circumstances person’s will and preferences are unknown, the person should (clause 47). give effect to what the represented person would likely want, based on all the information available; the person should act The authority of a guardian or an administrator is such that in a way which promotes the represented person’s personal their acts have effect as if taken by the represented person and social wellbeing; and the represented person’s will and with the relevant decision-making capacity (clauses 38(3), preferences should only be overridden if it is necessary to do 46(4)). A represented person is taken to be incapable of so to prevent serious harm to the represented person dealing with, transferring, alienating or charging their money (clause 9). The principles in clauses 8 and 9 broadly reflect or property without the order of VCAT or the written consent the paradigm shift signalled in the United Nations Convention of the administrator, and any such dealing by any represented on the Rights of Persons with Disabilities, ratified by person is void and of no effect (clause 75). Australia in July 2008. That convention views persons with Clause 30 of the bill sets out the circumstances in which disabilities not as ‘objects’ of charity, medical treatment and VCAT may make a guardianship order or an administration social protection; but rather as ‘subjects’ with human rights to order. Clause 30 (and other related provisions in part 3 of the recognise people with disabilities as persons before the law bill) engages various rights under the charter as set out below. and their right to make decisions for themselves. Right to equality (section 8) The bill also enables VCAT to appoint a supportive guardian or supportive administrator as an alternative to, or in addition Section 8(1) of the charter provides that every person has the to, a guardian or administrator where VCAT determines that a right to recognition as a person before the law. Section 8(3) of person would be able to exercise decision-making capacity in the charter relevantly provides that every person is equal relation to certain matters with appropriate support before the law and is entitled to the equal protection of the law (clause 87). A person for whom a supportive guardian or without discrimination. Discrimination in relation to a person supportive administrator is appointed is called a ‘supported means discrimination within the meaning of the Equal person’. While it may be the case that a legislative framework Opportunity Act 2010 on the basis of an attribute set out in based entirely on supported decision-making would be a less section 6 of that act. This includes discrimination on the basis restrictive alternative to permitting any form of substitute of a disability. Section 8 of that act provides that direct decision-making, in my view, such a regime would not discrimination occurs if a person treats, or proposes to treat, a achieve the purpose of this bill in relation to persons that have person with an attribute unfavourably because of that attribute. extremely limited decision-making capacity. I consider that the framework in the bill is preferable, as it maintains the The bill is directed towards people with disability. Clause 30 decision-making capacity of supported persons and of the bill will have the effect of empowering another person represented persons where possible, but also addresses the to exercise decision-making powers in relation to a person situation where a substituted decision-maker is required. with disability (referred to as the ‘represented persons’). The provisions in part 3 may consequently affect the capacity of Human rights protected by the charter that are relevant represented persons to make legally effective decisions for to the bill themselves in important areas of their life. To the extent that the bill treats persons with disability unfavourably because of Guardianship and administration orders their disability by potentially restricting their personal autonomy, the bill will be discriminatory in its effect, and its Part 3 of the bill allows for a person to apply to VCAT for a operation as a whole will limit the right to equality. guardianship or an administration order in relation to a person with disability who is of or over 18 years old (clauses 22, 23). However, a guardianship or administration order may only be Clause 3 of the bill defines ‘disability’ as a neurological made in limited circumstances. VCAT must be satisfied that: impairment, intellectual impairment, mental disorder, brain because of the person’s disability, the person does not have injury, physical disability or dementia. VCAT may make a decision-making capacity with respect to the personal or guardianship or administration order where satisfied of financial matters in relation to which the guardianship or various factors (set out below). administration order is sought; the person needs a guardian or administrator; and the appointment would promote the A guardianship order may confer on a guardian a range of person’s social and personal wellbeing (clause 30). For the powers in relation to a ‘personal matter’ of a represented purposes of determining whether a person ‘needs’ a guardian person, including powers to determine: where the represented or administrator, VCAT must consider: the will and person lives; with whom the represented person associates; preferences of the person; whether the decisions in relation to and whether the represented person works (clauses 3, the personal or financial matters for which the order is sought 38(1)(a)). A guardianship order may also confer on a may be made more suitably by informal means or through guardian the power to undertake legal proceedings on behalf negotiation or mediation; the wishes of any primary carer or of the represented person in relation to a specified personal relative of the proposed represented person, or other person matter (clause 40). An administration order may confer on an with a direct interest in the application; and the desirability of administrator power to make decisions in relation to particular preserving existing family relationships or other relationships ‘financial matters’ specified in the order (clauses 3, 46(1)(a)). that are important to the person (clause 31). Such There are many financial powers that may be conferred on an requirements may promote other human rights under the administrator, including: selling any property (clause 52(g)); charter, such as the right to privacy in section 13, the right to paying debts (clause 52(i)); and paying for the maintenance of freedom of association in section 16 and the right to the represented person and represented person’s dependents protection of families and children in section 17. (clause 52(n). An administrator may also continue the
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A person will only be subject to a guardianship or differentiation on the basis of age also engages the right to administration order if VCAT makes such an order following equality. However, in my view, this age limitation does not a hearing. The proposed represented person must be present limit the right to equality. The age threshold in the bill at the hearing unless VCAT is satisfied that the person does recognises that if substitute decision-making is required for a not wish to attend or their presence is impracticable or person under 18, the young person’s parents generally have unreasonable despite any arrangements VCAT may make this power and responsibility. The Family Law Act 1975 (clause 29). Additionally, the process for the making of provides that, usually, each of the parents of a child who is guardianship and administration orders is designed to not 18 has parental responsibility for the child. ‘Parental promote the participation of the proposed represented person responsibility’ is defined as ‘all of the duties, powers, and ensure that VCAT has regard to their will and responsibilities and authority which, by law, parents have in preferences. In making a guardianship or administration relation to children’. order, it was held in PJB v. Melbourne Health, state Trustees Limited [2011] VSC 327 that VCAT will be subject to Right to freedom of movement (section 12), the right to section 38 of the charter and, accordingly, must give proper freedom of expression (section 15) and the right to freedom of consideration to, and act compatibly with, human rights. association (section 16)
Once an order is made, the bill also places restrictions on the Section 12 of the charter provides that every person lawfully powers of guardians and administrators. The power to make within Victoria has the right to move freely within Victoria decisions in relation to a number of highly personal matters and to enter and to leave it and has the freedom to choose may not be conferred on a guardian or an administrator, such where to live, which includes a right not to be forced to move as decisions in relation to making a will, voting, marriage, and from or to a particular location. the care and wellbeing of any child (clauses 39, 53). A guardian and an administrator are subject to the Section 15 of the charter provides that every person has the decision-making principles (clause 9 referred to above) as right to hold an opinion without interference and the right to well as obligations to: act as an advocate for the represented freedom of expression, which includes the freedom to seek, person; encourage and assist the represented person to receive and impart information and ideas of all kinds, develop the person’s decision-making capacity; act in such a pursuant to section 15(2). However, section 15(3) provides way so to protect the represented person from neglect, abuse that the right to freedom of expression may be lawfully or exploitation; act honestly, diligently and in good faith; restricted in a range of circumstances, including where it is exercise reasonable skill and care; not use the position for reasonably necessary to do so to respect the rights and profit; avoid acting if there are conflicts of interest; and not reputation of other persons. disclose confidential information (clauses 41, 55). An administrator must also keep accurate records and accounts of Section 16(2) of the charter provides that every person has the all dealings and transactions (clause 59) and ensure that their right to freedom of association with others. personal property is kept separate from the property of the A power conferred on a guardian in relation to a personal represented person (clause 60). Importantly, an administrator matter (as defined in the bill), such as the power to determine must not enter into a transaction in which there is, or may be, a represented person’s residence and place of employment, a conflict between the duty of the administrator to the education or training, is relevant to the freedom of movement represented person and the interests of the administrator under section 12 of the charter. Other human rights, such as unless the transaction has been authorised by VCAT the right to freedom of expression under section 15 of the (clauses 57, 58). Clause 61 provides VCAT may appoint a charter and the right to freedom of association under person to examine or audit accounts of all dealings and section 16(2) of the charter, may also be relevant and/or transactions relating to financial matters specified in the order. limited depending on the nature of the order made by VCAT A party to an application may apply to VCAT for a rehearing appointing the guardian as well as the manner in which the of an application (part 7, division 1) and VCAT must conduct guardian exercises the power. For example, the right to a reassessment of guardianship orders and administrations freedom of association may be relevant to a guardianship orders within 12 months after making the order and then at order that allows a guardian to make decisions regarding least once within each three-year period after making the access to the represented person by certain people. order unless VCAT orders otherwise (clause 159(1) and (2)). However, in my opinion, the obligations on a guardian in VCAT may also conduct a reassessment at any time on its relation to the exercise of their powers (outlined above) own initiative or on the application of any person (159(3)). As prevent any powers conferred by a guardianship order from part of the reassessment, VCAT must consider whether the operating in a manner that unreasonably or unjustifiably guardian or administrator has complied with their duties set limits human rights. Importantly, VCAT may only confer out in clauses 41 and 55. In addition, VCAT must adhere to decision-making power on a guardian in relation to certain the general principles and be satisfied that the order is the personal matters specified in the order if it is satisfied that it least restrictive alternative possible in relation to the person’s will promote the represented person’s personal and social ability to decide and act (clause 8). wellbeing (clause 30(2)(c)). For these reasons, I consider In my view, to the extent that the making of a guardianship or that any limitation of section 12 of the charter and other administration order limits the right to equality, any such charter rights discussed above imposed by the bill is limitation is demonstrably justifiable and constitutes the reasonable and justifiable. minimum interference necessary to enable persons with Right to privacy, family or home (section 13) limited decision-making capacity to participate in society and enjoy personal and social wellbeing. Section 13 of the charter relevantly provides that all persons have the right not to have their privacy, family, home or As mentioned, any appointment or order under the bill, correspondence unlawfully or arbitrarily interfered with. An including orders for guardianship and administration, can interference with privacy will be lawful if it is permitted by only take effect when a person is aged 18 years or over. Such law, is certain, and is appropriately circumscribed. An
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interference will not be arbitrary if it is not capricious, the represented person’s close family and carers and act in a unpredictable or unjust. manner which promotes the represented person’s personal and social wellbeing. The right not have one’s privacy, family or home unlawfully or arbitrarily interfered with is relevant to the power conferred Right to property (section 20) on a guardian in relation to personal matters and the power conferred on an administrator in relation to financial matters. Section 20 of the charter provides that a person must not be For example, a decision that a person must reside in a deprived of his or her property other than in accordance with particular place or a decision to sell a represented person’s law. This right is not limited where there is a law which family home or a decision as to whether a represented person authorises a deprivation of property, and that law is works or undertakes education or training may interfere with adequately accessible, clear and certain, and sufficiently a person’s right to family and home. In addition, a guardian or precise to enable a person to regulate their conduct. an administrator may be empowered to receive and disclose certain personal information about the represented person in International jurisprudence supports a view that a ‘deprivation order to make and implement decisions. of property’ may not be confined to situations of forced transfer of title or ownership, but could include any The safeguards outlined above in relation to the duties substantial restriction on a person’s control, use or enjoyment imposed on guardians and administrators ensure that the of their property. powers of a guardian and an administrator, if exercised in accordance with the bill, will not unlawfully or arbitrarily The power conferred on an administrator to make decisions in interfere with a person’s right to privacy, family life or home. relation to specified financial matters is relevant to the right In addition, the disclosure and use of personal information by contained in section 20 of the charter. The exercise of a guardian or administrator is for a defined purpose and there complete and exclusive management and control of a is a specific duty not to disclose confidential information person’s property by an administrator may constitute the unless authorised to do so under the guardianship or de facto deprivation of a person’s property. As described administration order or by law (clauses 41(1)(i), 55(i)). above, clause 75 of the bill restricts the ability of the Furthermore, where the public advocate has been appointed represented person to deal with their own property to the to act as guardian, clause 20 provides that it is an offence for extent that it is under the control of an administrator. the public advocate (and public advocate employees) to However, the safeguards outlined above ensure that, if the disclose information relating to the affairs of an individual powers of an administrator are exercised in accordance with acquired in the performance of a function or duty or the the bill, any de facto deprivation of a person’s property (if exercise of a power under the act other than in limited, occurs at all) will only in accordance with law that is clear prescribed circumstances. For this reason, the right in and certain and does not operate arbitrarily. For this reason, section 13 of the charter is not limited as any interference will the right in section 20 of the charter is not limited. not be arbitrary or unlawful. Clause 74 provides that an administrator may sell all personal Protection of families (section 17) effects of a person who is no longer a represented person that are in the possession of the administrator and unclaimed for Section 17(1) of the charter provides that families are the two years after the date on which the person ceased to be a fundamental group unit of society and are entitled to be represented person. There is a similar provision in relation to protected by society and the state. the personal effects of a person who is no longer a missing person (clause 135). The sale must occur after public notice The power conferred on a guardian in relation to personal and is provided for by law that is clear and precise in its matters and the power conferred on an administrator in application. Accordingly, the right in section 20 of the charter relation to financial matters may limit the right to protection is not limited. of families. For example, a guardian’s decision about where a represented person resides or an administrator’s decision to Administration (missing person) orders sell a represented person’s family home may result in a person not being able to live with their family. The right to Right to equality (section 8) protection of children will also be relevant where the guardianship and administration orders affect a child’s Part 5 of the bill provides for an additional category of relationship with a represented person, particularly where that administration orders in relation to missing persons. A person person is the parent. may apply to VCAT for an administration (missing person) order for a missing person who is of or over the age of 18 However, I consider that any limitation on the right of (clause 99). VCAT may make an order in relation to the families to protection which may arise due to a represented financial affairs of a missing person if it is satisfied that: the person being separated from their family will be reasonable, person is a missing person who usually resides in Victoria; proportionate and demonstrably justifiable within the while the person is missing there is, or is likely to be, a need meaning of section 7(2) of the charter, given the for a decision to be made in relation to the person’s financial decision-making principles (clause 9) and other duties and matters; and the order would promote the missing person’s limitations imposed on guardians and administrators that are personal and social wellbeing while the person is missing outlined above. In particular, under the decision-making (clause 105). An administrator appointed by VCAT under principles, a guardian or administrator could only make a part 5 has one or more of the powers conferred by division 3 decision that would have the effect of separating a person of part 5 as specified by VCAT (clause 110). These powers from their family after considering the represented person’s generally mirror those in part 3 in relation to administration will and preferences. A represented person’s will and orders, such as a general power to make decisions about those preferences can only be overridden if necessary to prevent financial matters specified in the order and a power to serious harm to the represented person or to another person. If continue investments (clauses 110, 111). An administrator for a guardian or administrator is unable to determine the a missing person must also abide by the duties referred to in represented person’s will and preferences, they must consult division 4 of part 5. The duties are based on part 3, division 7
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of the bill and include the obligations to: act as an advocate patient would consent to the carrying out of the special for the represented person; act honestly, diligently and in medical procedure if the patient had decision-making capacity good faith, exercise reasonable skill and care; not use the (clause 145(1)). In order to be satisfied that the patient would position for profit; avoid conflicts of interest; and not disclose consent to the carrying out of the procedure if the patient had confidential information. Clause 122 also provides VCAT decision-making capacity, VCAT must consider: any relevant may appoint a person to examine or audit accounts of all values directive under the MTPD act and any other relevant dealings and transactions relating to financial matters preferences that the patient has expressed and the specified in the order. circumstances in which those preferences were expressed (clause 145(2)(a) and (b)). If VCAT cannot identify any Division 5 of part 5 provides other protections, such as a relevant values directive or other preferences, VCAT must requirement that an administrator must notify VCAT in give consideration to the patient’s values, whether expressed writing without delay when the administrator becomes other than by way of a values directive or inferred from the aware that the missing person is alive, or that the missing patient’s life (clause 145(2)(c)). VCAT must also consider the person has died (clause 124). Additionally, an effects and consequences of the procedure and whether there administration (missing person) order continues in effect for are any alternatives and consult the patient’s nearest relative the period not exceeding two years as specified in the order (clause 145(2)(d)). If it is not possible to ascertain or apply the (unless the order is revoked earlier). patient’s preferences or values, VCAT may only consent to the procedure if: VCAT is satisfied that the procedure would For the reasons discussed above in relation to administration promote the personal and social wellbeing of the patient, orders and the conferral of powers on administrators, any having regard to the need to respect the patient’s limitation of human rights caused by the above clauses will be individuality; and VCAT has considered the likely effects and reasonable and justifiable within the meaning of section 7(2) consequences of the procedure; and whether there are any of the charter. Also, as discussed above in relation to alternatives that would better promote the patient’s personal guardianship and administration orders, in my view, the age and social wellbeing (clause 145(3)). limitation of 18 or above does not limit the right to equality. I consider that the limitation on the right to equality under Special medical procedures part 6 constitutes the minimum interference necessary to enable persons without capacity to consent to a special Part 6 of the bill concerns the carrying out of ‘special medical medical procedure in order to receive appropriate and procedures’, which is defined in clause 3 as ‘any procedure necessary medical care that would promote their personal and that will have the effect of rendering a person permanently social wellbeing, and as such, any limitation of the right to infertile; terminating pregnancy; removal of tissue for equality will be reasonable and justifiable within the meaning purposes of transplantation to another person; or any medical of section 7(2) of the charter. or dental treatment that is prescribed by the regulations to be a special medical procedure for the purposes of part 6’. As with other orders under the bill, part 6 only applies to a person who is 18 years or above. Such differentiation on the Part 6 applies to ‘patients’. Clause 3 defines a ‘patient’ as ‘a basis of age also engages the right to equality. In my view, the person with disability who is of or over the age of 18 years age limitation of 18 or above in relation to special medical and does not have decision-making capacity in relation to procedure applications does not limit the right to equality. In giving consent to the carrying out of a special medical accordance with the High Court decision in Marion’s case procedure, regardless of whether the person is a ‘represented (Department of Health and Community Services v. JWB and person’ as defined in the bill. SMB [1992] HCA 15), court authorisation is required before a special medical procedure can be undertaken on a child. The right to equality (section 8) Right not to be subject to medical treatment without consent Part 6 may also limit the right to equality to the extent that it (section 10) treats persons with disability differently on the basis that they do not have decision-making capacity to consent to a special Section 10(c) of the charter provides that a person must not be medical procedure (refer to ZEH (Guardianship) [2015] subjected to medical experimentation or treatment without his VCAT 2051). or her full, free and informed consent. Part 6 of the bill enables VCAT to authorise a special medical procedure to be Part 6 contains many safeguards. In particular, any such carried out in certain circumstances without the consent of a procedure must be authorised by VCAT (unless the patient patient. To that extent, some clauses in part 6 of the bill limit has given an instructional directive regarding the carrying out the right in section 10(c) of the charter. of the procedure under the Medical Treatment Planning and Decisions Act 2016 (MTPD act)). It is an offence for a The right to be free from being subject to medical treatment registered practitioner to carry out a special medical without consent is an important right in the charter, given the procedure without the consent of VCAT (or the medical way in which any such treatment without consent treatment decision-maker if VCAT has provided this person significantly undermines the personal autonomy of with authority to consent to the continuation of the procedure individuals and the freedom of such individuals to choose or a further special medical procedure of a similar nature to whether or not they are subjected to a particular medical the procedure that was originally authorised) (clause 147). procedure. However, the right can be subject to reasonable limitations in accordance with section 7(2) of the charter. VCAT may only consent to the carrying out of a special medical procedure if satisfied that: the patient has not given In this case, the necessity to enable VCAT to authorise a an instructional directive under the MTPD act regarding the special medical procedure arises from the inability of the carrying out of the procedure; the patient does not have persons concerned to consent to such a procedure. In my decision-making capacity in relation to giving consent; the view, the inability of persons to provide consent should not patient is not likely to have decision-making capacity in preclude persons from undergoing a necessary special relation to giving consent within a reasonable time; and the medical procedure that may improve the patient’s quality of
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life. Given the numerous safeguards in part 6 (outlined However, the bill provides that entry to premises and any above), including the many factors VCAT must consider in subsequent transfer may only occur in limited circumstances, forming the reasonable opinion that the patient would consent namely by order of VCAT and based on evidence on oath if they had decision-making capacity, and the fact that a regarding the unlawful detention of a person or serious special medical procedure must promote the personal and imminent damage to the person. In the absence of a power to social wellbeing of the relevant patient, I consider that any visit a proposed represented person, the public advocate and limitation of the right not to be subject to medical treatment VCAT would be unable to ascertain the conditions of the without consent will be reasonable and justifiable within the person’s detention and accommodation which may be meaning of section 7(2) of the charter. relevant to determining whether to make the relevant guardianship or administration order under the bill. The Special powers in relation to proposed represented persons power to remove a person may be authorised by VCAT in very limited circumstances, namely where VCAT is satisfied Clause 43 confers special powers on the public advocate or that a person is being unlawfully detained against their will or another specified person in relation to a person in respect of is likely to suffer serious damage to their health or wellbeing whom an application for guardianship order under the bill has unless immediate action is taken. Accordingly, for these been made (proposed represented person). If VCAT has reasons, I consider that any interference with the right to received information on oath that the proposed represented privacy would be neither unlawful nor arbitrary and therefore person is being unlawfully detained against their will or is not limit section 13 of the charter. likely to suffer serious damage to their health or wellbeing unless immediate action is taken, VCAT may by order Order for represented person to comply with a guardian’s empower the public advocate or some other specified person decision to visit the person in the company of a police officer for the purpose of preparing a report to VCAT. A police officer may Clause 45 of the bill provides that VCAT may make an use such force as is reasonably necessary to enter the order authorising a guardian or other specified person to premises (clause 43(4)). take specified measures or actions to ensure that the represented person complies with the guardian’s decisions Clause 43(3) provides that if, after receiving a report from the in the exercise of the guardian’s powers and duties under public advocate, VCAT is satisfied that the person is being the guardianship order. unlawfully detained or is likely to suffer serious damage, VCAT may make an order enabling the person to be taken to Right to freedom of movement (section 12), right to privacy, a specified place for assessment and placement until the family or home (section 13), the right to freedom of expression application for the guardianship order is heard. (clause 15), right to freedom of association (section 16)
Right to freedom of movement (section 12), right to liberty Clause 45 may limit a represented person’s right to freedom (section 21) of movement under section 12 of the charter to the extent that it may authorise a guardian or other specified person to use Clause 43 of the bill may limit a person’s right to freedom of physical or non-physical measures to force a represented movement and freedom to choose where to live under person to comply with a guardian’s decision, such as a change section 12 of the charter where the person has been removed in accommodation. A guardian may also be authorised to take from their place of residence and held in an alternative measures such as enforcing a curfew, preventing certain residence against their will until the hearing of the application persons from visiting the represented person, or imposing for the guardianship or administration order. If the person is rules regarding the person’s diet or dress. Other human rights, restrained from leaving the alternative residence, clause 43 is such as the right to freedom of association under section 16 of relevant to a person’s right to liberty and security under the charter and the right to liberty under section 21 of the section 21 of the charter. However, any such deprivation will charter, may also be relevant and/or limited depending on the not be arbitrary given the process for VCAT authorisation nature of the order made by VCAT under clause 45. described above, and, in my view, this power will not limit section 21 of the charter. Furthermore, given the limited The measures outlined in clause 45 may also engage the circumstances in which a person may be removed from their right to home and privacy, which is said to encompass the residence and the safeguards outlined above, I do not consider right to individual identity and personal development, to that clause 43 of the bill unreasonably or unjustifiably limits establish and develop meaningful social relations. The right the right to freedom of movement in section 12 of the charter. to freedom of expression may also be engaged by regulating Finally, the public advocate must adhere to the general the person’s dress. principles in the bill (clause 8) and will also be subject to section 38 of the charter and, accordingly, must give proper However, in addition to the safeguards outlined above in consideration to, and act compatibly with, human rights. respect of the duties imposed on a guardian, the bill provides for oversight of the exercise of the power to enforce Right to privacy, family or home (section 13) compliance by providing that VCAT must authorise a person to take ‘specified measures’ and must hold a hearing to Clause 43 provides for the entry to residential premises and the reassess an order made under clause 45 as soon as practicable removal of a person from their place of residence, which may after the making of that order, but within 42 days interfere with the right to privacy, family and home of that (clause 45(2)). In my view, any limitation of section 12 of the person and any other person residing in the premises. The right charter and other charter rights discussed above imposed by to privacy is broad in scope and is said to encompass a clause 45 is reasonable and justifiable. person’s personal and social sphere. This includes their personal security/bodily integrity, which would be engaged by Supportive guardianship orders and supportive administration the forcible removal of a person to be taken to a specified orders place. The right to property may also be engaged as the use of force interferes with a person’s enjoyment of real property, and Part 4 of the bill provides that VCAT may make a supportive may involve property damage (e.g. breaking down doors). guardianship order or supportive administration order in
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relation to a person with disability, subject to a number of are appropriately confined to ensure that any interference with requirements (clause 87). A person in relation to whom a privacy is limited. The powers to obtain information under supportive guardianship order or supportive administration clause 16 are limited to an investigation or a report prepared order is made is referred to as ‘the supported person’. The role by the public advocate. The power of entry to premises in of the supportive guardian is to support a supported person in clause 17 is limited to the premises of an institution, which is making and giving effect to decisions in relation to any defined in clause 17(7) to include a disability service personal matters specified in the order. The role of the provider, a residential service, residential institution or supportive administrator is to support a supported person in residential treatment facility within the meaning of the making and giving effect to decisions in relation to any Disability Act 2006, a designated public hospital within the financial matters specified in the order. The bill provides that meaning of the Health Services Act 1988, a mental health VCAT may only confer a power on a supportive guardian or service provider within the meaning of the Mental Health supportive administrator if it is satisfied that the power will Act 2014 or a supported residential service within the ensure that the supportive guardian or supportive meaning of the Supported Residential Services (Private administrator can give practicable and appropriate support to Proprietors) Act 2010. Under clause 17, the public advocate is the supported person to enable that person to have not authorised to inspect a person’s medical records or decision-making capacity in relation to the relevant personal personnel records, which may contain more sensitive personal matter or financial matters (clause 90(2)). information, without the person’s consent. For these reasons, in my view, the clauses do not limit the right to privacy. Right to privacy, family or home (section 13) Withholding of information held by an administrator A supportive guardian and a supportive administrator have certain powers under clauses 91 and 92 of the bill to collect Clause 73 allows an administrator to apply to VCAT for an and disclose personal information of a supported person, order that a book, account, notice or document in the custody which are relevant to the right to privacy in section 13 of the of the administrator relating to a person who is no longer a charter. However, in my view, clause 91 does not limit the represented person may be withheld. There is a similar right to privacy as the collection of personal information by provision in relation to an administrator for a person who is the supportive guardian or supportive administrator is no longer a missing person (clause 134). permitted for a defined, limited purpose, namely information that is relevant to a supported decision and may be lawfully Right to privacy, family or home (section 13), right to collected by the supported person. Similarly, a supportive freedom of expression (section 15) guardian or a supportive administrator may only disclose personal information under clause 91 for the purpose of Clauses 73 and 134 are relevant to the right to privacy and the enabling the supportive guardian or supportive administrator right to freedom of expression (which includes the freedom to to carry out their role, for any legal proceedings under the bill seek and receive information) to the extent that a former or for any other lawful reason. Under clause 92 a supportive represented person or former missing person may not be able guardian or supportive administrator may only communicate to access information relating to themselves. However, information about the supported person for the purpose of VCAT may only make such an order where it would be in the supporting the person to make or communicate a decision. interests of the person who is no longer a represented person These limitations on the collection and disclosure of personal or a missing person for part of their financial affairs to remain information ensure that any interference with the supported confidential or where the book, account, notice or other person’s right to privacy will be neither unlawful nor document contains confidential information about a third arbitrary. Furthermore, the purpose of clauses 91 and 92 is to party. Accordingly, I consider that any interference with the enable a supportive guardian or a supportive administrator to right to privacy would be neither unlawful nor arbitrary and effectively support a supported person to make a relevant therefore not limit section 13 of the charter. Given that decision. For these reasons, in my view, the clauses do not section 15(3) of the charter provides for lawful restrictions limit the right to privacy. necessary to respect the right and reputation of other persons, in my view, clauses 73 and 134 do not limit the right to Powers of the public advocate freedom of expression.
The public advocate has a range of powers under the bill to Clauses 73 and 134 may also promote the right to privacy to obtain information from persons and, in some circumstances, the extent that confidential or sensitive information about a to enter premises. These powers are contained in third party is withheld or where a third party is denied access clause 16(1)(i) and 17. to confidential or sensitive information about the former represented person or former missing person. Right to privacy, family or home (section 13) Access to documents Clauses 16 and 17 are relevant to the right to privacy to the extent that a person is required to provide personal Clause 214 of the bill will insert a new clause 37A into information to the public advocate and where the public schedule 1 of the Victorian Civil and Administrative Tribunal advocate may enter residential premises. Act 1998 (VCAT act) that provides that a person may make an application to the principal register that any documents lodged The purpose of these clauses is to ensure that the public in relation to a proceeding under the bill not be disclosed to a advocate can carry out its functions under the bill of specified person or class of person. New section 37A(2) investigating complaints or allegations relating to persons provides that the application must be determined fairly and under guardianship or in need of guardianship, and its according to the merits of the application. function of making representations on behalf of, or acting for, persons with disability. As noted above, the public advocate Right to freedom of expression (section 15) will be subject to section 38 of the charter and, accordingly, must give proper consideration to, and act compatibly with, New clause 37A of schedule 1 to the VCAT act will human rights. The clauses are precise in their application and potentially operate to limit the right to receive information
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under section 15(2) of the charter. However, in my view, the Reassessments on the papers restriction falls within the internal limitation in section 15(3) of the charter, as it is necessary to protect the rights of others, As discussed above, the bill requires VCAT to conduct a including the right to privacy and reputation. reassessment of all appointments under the bill within 12 months after making the order and then at least once Hearings for guardianship and administration proceedings within each three-year period after making the order unless VCAT orders otherwise (clause 159(1) and (2)). VCAT may The bill sets out the procedural requirements for applications also conduct a reassessment at any time on its own initiative and hearings to determine whether an order should be made or on the application of any person (159(3)). Clause 164 for guardianship, administration, administration (missing allows VCAT to conduct a reassessment on the papers where person), supportive guardianship, supportive administration, the reassessment is on its own initiative and it does not and in relation to rehearings and reassessments. These propose to amend, vary or replace the relevant order. Before provisions can be found in part 3, part 4, part 5 and part 7. conducting a reassessment on the papers, VCAT must take Clauses 24, 81, 100 and 160 set out the matters to be included reasonable steps to contact the represented person or in an application and includes the names of anyone who has a supported person and ascertain whether they would like direct interest in an application. Clauses 25, 82, 101 and 161 VCAT to conduct a hearing (clause 164(2)). VCAT is also sets out who are the parties to a proceeding and allows VCAT required to provide a notice to the parties informing them that to add additional parties. Clause 26, 83, 102 and 162 sets out they have 14 days after the date of the notice to request a who is entitled to notice of an application, which includes the hearing (clause 164(4). If any of the parties request a hearing parties, the spouse or domestic partner, the primary carer, and in the prescribed timeframe, VCAT must give the parties any other person VCAT determines to have a direct interest in seven days’ notice of the hearing (164(5)). the application. As discussed above, clause 29 provides that the proposed represented person must attend a hearing in Right to a fair hearing (section 24) relation to an application for guardianship or administration unless VCAT is satisfied that the person does not wish to Clause 164 is relevant to the right to a fair hearing as a attend or attendance would be impracticable or unreasonable, reassessment without a hearing may not allow the represented despite any arrangement VCAT may make. There are similar person to properly present their case to VCAT regarding the provisions in relation to part 4 (supportive guardianship operation of the order. However, given that a reassessment orders and supportive administration orders) and part 7 may only be conducted on the papers in limited (rehearings and reassessments). circumstances (i.e. where VCAT does not propose any Clause 37(1) of schedule 1 of the VCAT act provides that, changes to the existing order) and the fact that the represented unless VCAT orders otherwise, a person must not publish or person or other party to the proceeding must be notified and broadcast any report of a proceeding under the GA act that can request a hearing, in my view, the right to a fair hearing is identifies or could lead to the identification of a party to the not limited. proceeding. Clause 213 of the bill applies this provision to proceedings under the bill. Liability of guardians and administrators and the state
Right to a fair hearing (section 24) Clause 45(3) provides that the guardian or person specified in the order is not liable for any liability relating to action taken Section 24(1) of the charter provides, relevantly, that a party to pursuant to the order of VCAT under clause 45(1) in certain a civil proceeding has the right to have the charge or circumstances. The person must have taken the action in the proceeding decided by a competent, independent and impartial belief that it would promote the personal and social wellbeing court or tribunal after a fair and public hearing. The right to a of the represented person, and that it was reasonable to take fair hearing also encompasses the established common-law the action in the circumstances. right that each individual has unimpeded access to the courts and tribunals of a state. The right is limited if a person is Clause 181 provides that the Supreme Court or VCAT may precluded from having effective access to a court or tribunal, order a guardian or administrator to compensate the in that they are barred from properly presenting their case. represented person for a loss caused by the guardian or administrator when acting as guardian or administrator. The bill enhances the fair hearing right by including However, clause 182 provides that if the Supreme Court or provisions ensuring participation of represented persons and VCAT considers that a guardian or administrator is or may be other people who are relevantly involved in hearings. personally liable for a contravention of the provisions of the However, under clause 37 of schedule 1 of the VCAT act, bill, acted honestly and reasonably and ought fairly to be guardianship and administration hearings are confidential. In excused for the contravention, the Supreme Court or VCAT my view, the confidentiality requirement for proceedings may relieve the guardian or administrator from all or part of under the bill does not impose any limits on the right to a fair that personal liability. and public hearing under section 24(1) of the charter as it recognises the particular, sensitive nature of the proceedings. Clause 186 provides that no compensation is payable by the It is generally in the interests of the people involved for such state in relation to any damage, loss or injury sustained by a hearings to be closed, in order to respect their right to privacy. person by reason of an act or omission of a guardian or an In addition, VCAT has the discretion to order that the administrator under this act. proceedings not be confidential if it is in the public interest to do so. Finally, section 24(2) of the charter provides that a Right to a fair hearing (section 24) court or tribunal may exclude the media, persons, and the general public if permitted to do so by a law other than the In my view, to the extent that the right to a fair hearing is charter and section 8 of the Open courts Act 2013 provides limited by the above clauses, such limits are reasonable and that other laws restricting or prohibiting publication are not justifiable under section 7(2) of the charter. The immunity affected by that act. from liability in clause 45(3) is important as it allows a guardian to take specified measures to enforce their authority
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in accordance with a VCAT order to ensure the personal and Australian legislation increasingly seeks to fully recognise the social wellbeing of the represented person. dignity, equality and autonomy of people with disabilities, whose fundamental rights have been enshrined in the United In addition, while certain recourse to a court may be limited Nations Convention on the Rights of Persons with Disabilities. or removed by the above clauses, other recourse remains Australia was an original signatory to the convention in 2008. available in each case. Anyone can apply to VCAT for a This bill draws on the convention and also on the 2012 report reassessment of the order appointing the guardian or of the Victorian Law Reform Commission on guardianship, administrator at any time and the Supreme Court and VCAT the 2015 report of the Australian law reform commission on may only relieve a guardian or administrator from liability to equality, capacity and disability in commonwealth laws, and pay compensation for losses caused by their decisions where recent Victorian legislation such as the Powers of Attorney Act they have acted honestly and reasonably. In addition, general 2014 (POA act), the Mental Health Act 2014 and the Medical law remedies remain available to aggrieved parties through Treatment Planning and Decisions Act 2016 (MTPD act). The the courts. government has sought to align the concepts and terminology in this bill as much as possible with these other acts to promote I also consider that it is appropriate that no compensation is consistent approaches and understanding of the rights, payable by the state in relation to the actions of guardians or responsibilities and functions in relation to substitute administrators, as any such liability should instead rest with the decision-making that are articulated in these pieces of guardian or administrator if they did not perform their duty in legislation. accordance with the order and the requirements of the bill. Recognising rights The Hon. Gayle Tierney, MP Minister for Corrections There is an ongoing discussion about how the balance should be struck between recognising the rights of people with Second reading disability to make their own decisions, and ensuring that there are effective mechanisms for protection when protection is Ordered that second-reading speech be needed. Some advocates and organisations emphasise that a incorporated into Hansard on motion of person’s will and preferences should be given priority in all but very limited circumstances. Others are concerned that the Mr JENNINGS (Special Minister of State). barriers to protective action by VCAT or a guardian or administrator should not be so high as to render such action Mr JENNINGS (Special Minister of State) unavailable when it is needed, despite a represented person’s (12:10) — I move: will and preferences.
That the bill be now read a second time. The bill strikes this balance by recognising the need to support people with disability to make, participate in and Incorporated speech as follows: implement decisions that affect their lives, and otherwise providing that a person’s will and preferences should direct Background decisions affecting the person as far as possible. Before making any guardianship or administration appointment, When it was passed in 1986, the then named Guardianship VCAT must consider whether a person can make their own and Administration Board Act was a visionary piece of decisions if provided with support, or whether decisions could legislation, which took Victoria from a 19th century approach be made by informal means. VCAT can still appoint a to guardianship and administration to modern guardianship in guardian or administrator where needed and where this will a single step. The new act was part of a suite of acts that promote a person’s personal and social wellbeing, however overhauled Victoria’s laws for dealing with mental health and such appointments must be tailored to the person’s individual disability services. circumstances and regularly reviewed. Once appointed, guardians and administrators must give effect to a represented The new act implemented the recommendations of the Cocks person’s will and preferences where possible, but can Committee on Rights and Protective Legislation for override the will and preferences where the person would Intellectually Handicapped Persons by establishing a system of otherwise be at risk of serious harm. limited guardianship and administration appointments for people with disability, made and monitored by a tribunal, the The government believes that this is the best approach to Guardianship and Administration Board. The new act also promoting the rights of people with disabilities, while created an independent advocate for people with disability, the ensuring their safety and welfare. It is a significant departure public advocate, who could also be a guardian of last resort. from the notion of decision-making in the ‘best interests’ of people with disability, which will enhance their autonomy, Times and attitudes change and now it is necessary to replace dignity and equality. the 1986 act with a law that reflects a contemporary understanding of decision-making capacity and disability, and Key provisions recognises the rights of people with a decision-making impairment and the responsibilities of those who interact with The bill will replace the 1986 act with a new act that provides such people — carers, health and accommodation providers, for a more modern framework for the appointment of a and the courts and tribunals. The challenges have shifted from guardian or administrator and further statutory recognition of de-institutionalising the many people whose disability was supported decision-making. treated as a condition best managed behind secure walls, to managing the increasing numbers of people living in the community who lose their capacity through the onset of dementia or an acquired brain injury.
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Decision-making capacity person’s individual circumstances. The basis for an order must be that: The concept of decision-making capacity is central to the new legislation. the person, because of a disability, does not have decision-making capacity in relation to a personal The bill defines decision-making capacity and recognises that matter, in the case of a guardianship order, or in relation a person has decision-making capacity if the person can make to a financial matter, in the case of an administration decisions with support. The definition includes provisions to order. As already noted, a person will have assist with the assessment of a person’s decision-making decision-making capacity if they can make decisions capacity. A person is presumed to have decision-making with support. While a guardianship or administration capacity unless there is evidence to the contrary. order will not be needed in such a case, a supportive appointment might be appropriate; The definition of decision-making capacity is intended to promote each person’s right to recognition and equality the person is in need of a guardian or administrator. As before the law, and prevent arbitrary and unnecessary part of this consideration, VCAT must consider whether intrusions on the right to make decisions that affect their life. decisions could be made by informal means or through The definition is intended to prevent unnecessary negotiation, mediation or similar means; and appointments of guardians and administrators. VCAT will not be able to appoint a guardian or administrator simply because the order will promote the person’s personal and social a person has a disability, or because someone else thinks that wellbeing. the person is making unwise decisions. The bill makes improvements to VCAT processes when The definition of decision-making capacity is the same dealing with guardianship and administration applications, definition that has been enacted in both the POA act and including by: MTPD act. clarifying provisions regarding who should be notified Supported decision-making about an application. This includes providing notice to those with a direct interest in the application, such as a Supported decision-making is an emerging concept that person’s primary carer, relatives or close friend; underpins the United Nations Convention on the Rights of Persons with Disabilities and has been recently used in ensuring greater participation of the proposed Victorian laws such as the POA act, the Mental Health Act represented person wherever possible in the application and the MTPD act. Supported decision-making signifies a and hearing process. VCAT must consider the person’s shift from the traditionally held view that decision-making support needs as part of its processes, and should not capacity is an absolute concept. It recognises the reality that a hold a hearing without the person’s participation unless person can experience partial or fluctuating capacity and that satisfied that the person does not wish to participate, or capacity can depend on the nature of the particular decisions any support needs cannot be reasonably accommodated. and the context in which they are made. VCAT is able to conduct a hearing in a variety of ways, including by using telephones, video links or any other The bill recognises supported decision-making by allowing system of telecommunication; and VCAT to appoint a supportive guardian or administrator. Like supportive attorneys under the POA act, and support requiring VCAT to consider the desirability of persons under the MTPD act, a supportive guardian or appointing as a guardian or administrator a person who administrator will not make decisions for a person but will be is a relative of the proposed represented person, or who empowered to support the person to make and give effect to has a personal relationship with the person, rather than their own decisions. Often support in decision-making comes appointing a person with no such relationship; from family members and trusted carers, and the ability to appoint a supportive guardian or administrator acknowledges enabling a current guardian or administrator, or relative these relationships of support, while ensuring that the person of a represented person, to formally file a document with with disability retains their right to make decisions. VCAT that states their wishes for future decision-making appointments. While a person who has capacity to make their own decision with support would be able to appoint a supportive attorney As is currently the case, the bill requires VCAT to conduct a under the POA act, it will nevertheless be useful for VCAT to reassessment of a guardianship or administration order within be able to appoint a supportive guardian or administrator in 12 months after making the order, unless VCAT orders some circumstances. These include, for example, where otherwise, and in any case, at least once within each VCAT decides in a proceeding that while a guardianship three-year period. As part of the reassessment process, VCAT order is unnecessary, appointing a supportive guardian would must consider whether the guardian or administrator has acted assist the person in making and communicating their in accordance with the principles and duties under the act. decisions. Alternatively, a person may seek a supportive appointment in circumstances where their capacity to make The bill also retains the power for VCAT to appoint an decisions with support is questioned. administrator to make decisions in relation to a financial matter or matters of a person who is missing. VCAT appointments of guardians and administrators For the first time, the bill allows for the enforcement through The bill retains the important role of VCAT in making VCAT of decisions of guardians and administrators against guardianship and administration orders in relation to adults third parties. but ensures that an order is proportional and tailored to the
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The public advocate may consent to the procedure if satisfied that it will promote the personal and social wellbeing of the patient. Under the bill, the public advocate will continue as an independent statutory office that promotes the rights and Future issues interests of people with disability. VCAT will continue to have the power to appoint the public advocate as a person’s There are a small number of Victorian Law Reform guardian where there is no-one else available or suitable for Commission recommendations where further work and appointment. consideration is required. These include: the feasibility of an online register of appointments of guardians, administrators I take this opportunity to commend the public advocate and and enduring attorneys; the public advocate’s investigation her staff, and the volunteers who participate in the different functions; merits review of guardians’ and administrators’ programs coordinated by the public advocate, for their decisions; and the support framework for 17-year-olds with dedication to the work that they undertake for people with disability that affects decision-making capacity. disabilities in Victoria. Their care and commitment to their clients is outstanding. They greatly enhance the lives of The full implementation of the national disability insurance Victorians with disability, especially those who lack scheme might also affect the operation of Victoria’s decision-making capacity. guardianship and administration laws. Its impacts will be closely monitored by the departments of justice and The bill includes provisions to improve the operations of the regulation, and health and human services. Office of the Public Advocate (OPA), including by: I note that the broader issue of elder abuse was recently the clarifying the confidentiality requirements of OPA staff subject of a report by the Australian law reform commission when performing statutory functions; and that its recommendations are currently being considered by the ministerial Council of Attorneys-General. It is likely requiring the public advocate to prepare an annual report that those discussions will lead to further reforms in respect of of OPA’s functions, which will be tabled in Parliament elder abuse, which will of course be relevant to the position of by the Attorney-General. This change will clarify and senior Victorians who have guardians, administrators or formalise the currently opaque arrangements under enduring attorneys looking after their personal or financial which the public advocate’s annual report is tabled; and affairs.
allowing the public advocate to delegate powers and In conclusion, I would like to thank all those individuals and duties as a guardian, or as an enduring attorney, to a organisations who contributed so thoughtfully to the member of staff at OPA. Victorian Law Reform Commission’s guardianship report, and to the development of this legislation. This is a sensitive Other matters and complex area of the law where a range of positions are reasonably held by many people of all types of ability and The bill includes a dispute resolution process for guardians interest, including people who dedicate themselves to and administrators who are appointed for the same supporting people with disabilities and improving the policy represented person. The bill requires a guardian and and service frameworks with which they engage. administrator for the same represented person to consult each other where their decisions overlap, but, unless otherwise This bill represents a milestone in the way that Victoria agreed or determined by VCAT, the decisions of the guardian upholds the rights and meets the needs of people with prevail over those of an administrator. disability whose decision-making capacity is impaired. It moves away from the old ‘best interests’ principle that Consistent with the POA act, the bill allows the Supreme underpinned a paternalistic approach to disability, to a Court or VCAT to order a guardian or administrator to position of promoting the dignity, equality and autonomy of compensate a person for a loss caused by the guardian or people living with disability, while retaining the safeguards administrator contravening the act. It also creates new necessary for them to most fully realise their potential. offences that will penalise a guardian or administrator who dishonestly uses their appointment to gain a financial I commend the bill to the house. advantage for themselves or another person or to cause loss to the represented person or another person. Debate adjourned for Mr RICH-PHILLIPS (South The bill retains the provisions that allow VCAT to consent to Eastern Metropolitan) on motion of Mr Ondarchie. a special medical procedure where a patient does not have decision-making capacity to consent to that procedure. A Debate adjourned until Tuesday, 8 May. special medical procedure includes: any procedure that will, or is likely to, result in rendering the patient permanently infertile; a termination of a pregnancy; or any removal of tissue for transplantation to another person. The bill ensures that the approach taken by VCAT in these matters is consistent with the making of medical treatment decisions under the MTPD act. In particular, the bill requires VCAT to be satisfied that the patient would consent to the procedure if the patient had decision-making capacity, taking into account any valid and relevant values directive of the patient and any other relevant preferences or values of the patient. If VCAT is unable to ascertain the patient’s preferences or values, VCAT
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LEGAL IDENTITY OF DEFENDANTS If the unincorporated NGO does not do so, or if the nominated proper defendant does not have sufficient assets to (ORGANISATIONAL CHILD ABUSE) BILL meet the claim, the bill provides that: 2018 the plaintiff may apply to the court for an order to Introduction and first reading proceed against the trustee(s) of one or more associated trusts of the NGO;
Received from Assembly. the NGO must identify any associated trust;
Read first time on motion of Mr JENNINGS the court may make an order that one or more trustees of (Special Minister of State); by leave, ordered to be one or more associated trusts is a proper defendant in the read second time forthwith. proceedings; and any liability that arises from the proceedings will be Statement of compatibility incurred by the trust(s).
Mr JENNINGS (Special Minister of State) tabled Human rights issues following statement in accordance with Charter of Protection of children (s 17(2)) Human Rights and Responsibilities Act 2006: Section 17(2) of the charter provides that every child has the In accordance with section 28 of the Charter of Human Rights right, without discrimination, to such protection as is in his or and Responsibilities Act 2006 (the ‘charter’), I make this her best interests and is needed by him or her by reason of statement of compatibility with respect to the Legal Identity being a child. of Defendants (Organisational Child Abuse) Bill 2018. The bill promotes the right of a child to protection by In my opinion, the Legal Identity of Defendants ensuring victims of institutional child abuse can pursue (Organisational Child Abuse) Bill 2018, as introduced to the compensation. The bill recognises the difficulties child abuse Legislative Council, is compatible with human rights as set plaintiffs often face when pursuing compensation against out in the charter. I base my opinion on the reasons outlined NGOs for child abuse perpetrated by organisational in this statement. personnel, and will remove a significant procedural barrier currently faced by institutional child abuse plaintiffs. Overview The definition of ‘child abuse’ in clause 3 of the bill aligns The Victorian Parliament’s inquiry into the handling of child with previous reforms in response to Betrayal of Trust, abuse by religious and other non-government organisations specifically the Limitation of Actions Amendment (Child delivered its final report, Betrayal of Trust, on 13 November Abuse) Act 2015, which defined ‘child abuse’ as child sexual 2013. Betrayal of Trust noted that victims of institutional abuse or child physical abuse, and any child psychological child abuse have a fundamental right to sue an organisation to abuse that arises out of that sexual or physical abuse. By recover damages for that abuse. However, the report noted defining ‘child abuse’ broadly to include both physical and that the legal structures of some organisations are such that sexual child abuse, regardless of the setting in which the victims of abuse often struggle to identify an appropriate legal abuse occurred, the bill acknowledges the harmful effects that entity to sue. both forms of abuse have on a child’s physical and psychological wellbeing, and promotes their ‘best interests’ Many non-government organisations (NGOs) in Victoria are by assisting them to pursue compensation. Clause 4(3) ‘unincorporated associations’, which do not exist as legal provides that the bill applies whether the child abuse occurred entities and cannot be sued in their own right. The current or occurs before the commencement of the bill. This ensures common-law position in Australia is that an unincorporated that victims of institutional child abuse can pursue association that conducts its affairs by way of trusts cannot be compensation for both past and future harm. held organisationally accountable in civil litigation for institutional child abuse. In recent times, arrangements like The right to property (s 20) these have created problems for child abuse plaintiffs. Section 20 of the charter provides that a person must not be The September 2015 Redress and Civil Litigation Report of deprived of his or her property other than in accordance with the Royal Commission into Institutional Responses to Child law. This right requires that powers which authorise the Sexual Abuse (royal commission) also recognised the deprivation of property are conferred by legislation or problems faced by child abuse plaintiffs and recommended common law, are confined and structured rather than unclear, that the government should introduce legislation to remove are accessible to the public and are formulated precisely. Like procedural barriers which make it difficult for child abuse all rights conferred under the charter, section 20 only applies plaintiffs to identify an organisational defendant to sue to individuals. (recommendation 94). If an unincorporated NGO is capable of being sued, or The bill provides that where an institutional child abuse incorporates to be so capable, plaintiffs will already be able to plaintiff wishes to pursue damages against an unincorporated bring proceedings against it, and it will not be subject to the NGO that controls one or more associated trusts, that NGO provisions of the bill. If an NGO is not capable of being sued, may nominate an entity that is capable of being sued to act as clause 7 of the bill provides that the NGO may nominate an a proper defendant in the proceedings, and incur any liability appropriate entity to be sued within 120 days after the arising from the proceedings, within 120 days.
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commencement of the proceeding, and plaintiffs may proceed The right to privacy (s 13) against that entity. Section 13 of the charter provides that every person has the Clause 8 applies if an NGO does not nominate an entity right not to have his or her privacy, family, home or within 120 days, or if the nominee is not an entity capable of correspondence unlawfully or arbitrarily interfered with, or being sued or does not have sufficient trust property to meet a reputation unlawfully attacked. judgement. In that case, the plaintiff can apply to the court for an order to proceed against the trustees of an associated trust Nothing in the bill will limit the right to privacy and of the NGO and any judgement given in the proceeding may reputation. A person must consent to being nominated as a be satisfied out of the assets of the trust. The bill establishes a proper defendant under clause 7. Claims can only proceed ‘control test’ in clause 6 for determining if a trust is an against trustees as the proper defendant, if the trust is an associated trust which an NGO controls. A control test is a ‘associated trust’ for the purposes of clauses 6 and 8. There is well-known concept in corporations and taxation law, used to no mechanism in the bill to compel disclosure of personal associate one entity to another. information for the purpose of the proceedings. The bill will not enable unlawful attacks on a person’s reputation. Any The right to property only applies to human beings, and not allegations of child abuse made against a person in the entities such as corporate trustees. To the extent that the context of proceedings brought in reliance on the provisions property of an individual is affected by clause 8, the of the bill will still need to satisfy the ordinary legal deprivation would be authorised by an accessible and requirements of any claim founded on or arising from child precisely formulated law and would not be arbitrary: abuse, for example, negligence.
the bill clearly and unambiguously makes the assets of The right to a fair hearing (s 24) associated trusts available for satisfaction of institutional child abuse judgements and will allow the trustees of Section 24 of the charter provides that a party to a civil those associated trusts to be sued as proper defendants to proceeding has the right to have the proceeding decided by a an institutional child abuse action, where the institution competent, independent, impartial court or tribunal after a fair in question is an unincorporated association; and public hearing.
any deprivation of property would only be triggered by The bill is consistent with the right to a fair hearing. Firstly, it an order of a court of competent jurisdiction made in a provides a mechanism by which a child abuse plaintiff may proceeding relating to the associated trust; bring a proceeding against an NGO. Secondly, it ensures that appropriate procedural safeguards are in place for defendants, the liability of a trustee of an associated trust is a proper including: expense for which a trustee may be indemnified out of the trust property. A trustee’s liability is limited to the the NGO may only nominate an entity (including an value of the trust assets (clause 9); individual) to act as a proper defendant on its behalf with the consent of the nominee; the bill provides protection from liability for breach of trust for a trustee of an associated trust by overriding the NGO has a reasonable timeframe of 120 days to anything in trust law or the terms of individual trusts that nominate a proper defendant; and prevent trust assets being used for the bill’s intended purposes (clause 11); and where a proper defendant is not nominated, the NGO is required to identify any associated trust(s) for the the bill also provides that any defence or immunity that purposes of the test set out in clause 6 of the bill. would have been available to the NGO had the NGO been incorporated, will be available to the proper A claim may only proceed against the trustees of an associated defendant (clause 10). trust by order of the court (clause 8). The bill ensures that the court will substantively determine a claim as if the NGO was The bill will only apply to proceedings that are commenced capable of being sued and found liable, and that obligations in after the commencement date of the bill. However, the proceedings continue. Relevant members of the NGO clause 4(3) provides that the abuse that is the subject of would accordingly be heard on those matters. proceedings can have occurred at any time, including before the commencement date of the bill. It is appropriate that The right to recognition and equality before the law (s 8(3)) unincorporated NGOs that arrange their assets via trusts and freedom of religion (s 14) should be able to be treated like any other organisation and be sued for claims of institutional child abuse, even if that abuse Section 8(3) of the charter provides that every person is equal occurred in the past. before the law and is entitled to the equal protection of the law without discrimination and has the right to equal and The bill does not retrospectively alter the legal principles that effective protection against discrimination. a court will apply in determining liability. For these reasons, the bill does not constitute an arbitrary deprivation of Section 14 of the charter provides that every person has the property. As in any other case, plaintiffs will still have to right to freedom of thought, conscience, religion and belief. prove that an organisation is somehow liable for abuse. The The bill is consistent with both rights in section 8(3) and bill will simply assist plaintiffs in identifying proper section 14. Nothing in the bill could be characterised as defendants to pursue claims against, and assets against which distinguishing between people or groups based on an attribute any judgements can be met. set out in section 6 of the Equal Opportunity Act 1995, including religious belief or activity. The problem faced by child abuse plaintiffs in bringing proceedings identified by the
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royal commission and Betrayal of Trust is confined to The Ellis case highlighted the problem survivors can face in unincorporated NGOs that conduct their affairs via trusts. The seeking justice. In that case, the claimant sought to sue the royal commission noted examples of the problem occurring Catholic Archdiocese of Sydney and the trustees of the with respect to both religious and non-religious organisations. Roman Catholic Church, for abuse perpetrated by a Catholic The bill does not target any particular organisation, nor does it assistant priest in the 1970s. The NSW Court of Appeal held target religious organisations. The bill therefore does not that the archdiocese could not be liable, as it was discriminate — instead it focuses on unincorporated unincorporated and could not be sued. The court also held organisations that conduct their affairs via trusts. that the trustees could not be sued. The fact that the trustees held and managed property for and on behalf of the Catholic Furthermore, there is no clause in the bill which would Church did not make them liable for legal claims associated interfere with or restrain the right of people to have or adopt a with church activities. The court was unable to identify a religion or belief in worship, observance, practice or teaching. proper defendant and the case was dismissed. The bill does not affect the legal structure of organisations, nor does it force organisations to adopt a particular legal form. The The current common-law position in Australia, based on the bill will simply allow plaintiffs to identify an appropriate entity Ellis case, is that an unincorporated association that conducts to bring a case against, in respect of organisations whose legal its affairs by way of trusts cannot be held organisationally structures may otherwise prevent this. accountable in civil litigation for institutional child abuse.
The Hon. Gayle Tierney, MP This problem appears to be unique to Australia. For example, Minister for Corrections in the United States, most churches are either incorporated entities, or are structured as a ‘corporation sole’ which can be Second reading sued in abuse claims. In England, case law has overcome the issues raised in Ellis. Therefore, institutional child abuse Ordered that second-reading speech be plaintiffs in Victoria, and Australia, are uniquely incorporated into Hansard on motion of disadvantaged. Mr JENNINGS (Special Minister of State). The Betrayal of Trust inquiry heard from a number of survivors that unincorporated associations have used all Mr JENNINGS (Special Minister of State) defences available to them, including the Ellis defence, to (12:12) — I move: defeat claims. For example, Mrs Chrissie and Mr Anthony Foster explained that the Catholic Church’s lawyers had That the bill be now read a second time. strenuously defended litigation brought by them, despite having earlier accepted that the abuse had occurred. Betrayal Incorporated speech as follows: of Trust found that the strictly legalistic approach adopted by the church failed to address the issue of genuine The Family and Community Development Committee accountability. delivered its final report, Betrayal of Trust, on 13 November 2013. Betrayal of Trust reported that survivors of Betrayal of Trust stated that survivors of institutional child organisational child abuse face significant barriers in abuse have a fundamental right to sue unincorporated recovering compensation for the abuse they suffered. In associations for damage they have suffered at the hands of particular, Betrayal of Trust found that identifying a correct representatives of that organisation. Further, Betrayal of Trust organisational entity to sue is a major obstacle to civil concluded that the Victorian government has an important litigation where child abuse plaintiffs wish to commence role to play in reforming the law to reduce the barriers to proceedings against an institution that is unincorporated. litigation faced by survivors of child abuse.
A survivor will always have a cause of action against the The government has committed to implementing all perpetrator of the abuse. However, in some cases the outstanding recommendations from Betrayal of Trust, and has perpetrator may have limited, or no, assets. Alternatively, the noted that its implementation of Betrayal of Trust will be survivor may not be able to identify the perpetrator, or the informed by the work of the Royal Commission into perpetrator may have died. Survivors may therefore seek to Institutional Responses to Child Sexual Abuse (royal sue the institution in which they were abused. However, commission). survivors of institutional child abuse face considerable The royal commission also examined the problems for difficulty in bringing civil claims against certain survivors in identifying a proper defendant to sue. In its final non-government institutions, because of the way some report into redress and civil litigation, released in September institutions structure their affairs. 2015, the royal commission stated that survivors should have In Victoria, some institutions which provide services to more certainty when seeking to commence litigation against children are unincorporated, and the assets used by these religious or other institutions associated with statutory institutions to conduct their affairs may be held in one or property trusts or other property trusts. The royal commission more trusts. An unincorporated association is not a separate recommended that the government introduce legislation to legal entity like a company, but rather an association of provide that, where a survivor wishes to sue an institution individual members bound by an agreement with each other, with an associated property trust, unless the institution which cannot be sued in its own right. By holding assets in nominates a proper defendant with sufficient assets to meet trust, unincorporated associations are able to do most of what liability arising from the proceedings, the property trust is a an incorporated organisation is able to do, while remaining proper defendant to the litigation, and any associated liability unincorporated. However, this can leave survivors of child of the institution can be met from the trust assets. abuse that occurred in these organisations with no entity to sue.
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The bill forms part of the government’s response to these The bill extends to the proper defendant the right of an problems for survivors outlined by Betrayal of Trust and the unincorporated NGO to be indemnified under any insurance royal commission. It will ensure that survivors of institutional policy in respect of damages awarded in a child abuse child abuse can pursue compensation, and solve the problem proceeding. The bill also allows the proper defendant to rely in the existing common law that child abuse plaintiffs are, in on any defence or immunity that would have been available many instances, unable to identify an organisational to the unincorporated NGO had the NGO been incorporated. defendant to sue in respect of unincorporated non-government organisations (NGOs) that control trusts to The bill provides that a proceeding may be commenced or conduct their activities. continue against an unincorporated NGO pending the appointment of a proper defendant. In other words, the In addition to law reform to overcome the Ellis defence, both unincorporated NGO is presumed capable of being sued, and Betrayal of Trust and the royal commission recommended any nominated or appointed trustee defendant will incur any that the government should consider requiring NGOs that resulting liability on their behalf. provide services to children and receive government funding to be incorporated and appropriately insured. This proposed The bill defines child abuse as including sexual abuse and reform is administrative and not legislative in nature, and is physical abuse. To align with other provisions in the Wrongs therefore not the subject of this bill. Consistent with our Act 1958, ‘sexual abuse’ has been further defined as ‘sexual commitment to implement all outstanding recommendations assault or other sexual misconduct’, a definition that is from Betrayal of Trust, the government is undertaking the intended to encompass all scenarios that might reasonably be detailed policy work and consultation to implement this considered ‘sexual abuse’. reform. The term ‘physical abuse’ largely remains undefined for The bill provides that, where an institutional child abuse courts to determine by reference to its ordinary meaning, with plaintiff wishes to pursue damages against an unincorporated some additional guidance to avoid doubt about what is not NGO that controls one or more associated trusts used to physical abuse, such as a lawful exercise of force. The bill conduct the NGO’s activities, that association may nominate allows courts to determine whether or not ‘physical abuse’ of an entity that is capable of being sued to act as a proper a child has occurred in accordance with the ordinary meaning defendant in the proceedings, and incur any liability arising and common understanding of the term. from the proceedings, within 120 days. Beyond the above, the bill does not seek to define the exact If the unincorporated association does not do so, or if the boundaries of what constitutes sexual or physical abuse, in nominated proper defendant is not capable of being sued or order to avoid the inadvertent exclusion of valid claims. The does not hold sufficient assets to satisfy a claim, the bill bill allows courts to consider appropriate definitions for those provides that: terms as the common law develops over time in response to particular cases. the plaintiff may apply to the court for an order that the claim is to proceed against the trustees of an associated Any claim founded on or arising from child abuse can be trust or trusts on behalf of the unincorporated NGO; brought in reliance on the provisions of the bill, including negligence, vicarious liability, or direct liability, regardless of the NGO must identify any associated trust; when the abuse occurred.
the court may make an order that one or more trustees of The bill will only apply to proceedings that are commenced the trust or trusts associated to the unincorporated after the commencement date of the bill. However, the abuse association is a proper defendant in the proceedings; and that is the subject of proceedings can have occurred at any time, including before the commencement date of the bill. any liability that arises from the proceedings will be incurred by the trustees of the trust or trusts. It is appropriate that unincorporated NGOs that conduct their activities and arrange their assets via trusts should be able to The bill also allows the court to make a further order that a be treated like any other organisation and be sued for claims claim may proceed, or a judgement may be enforced against, of institutional child abuse, even if that abuse occurred in the one or more other associated trusts of an unincorporated past. This is consistent with previous reforms in 2015 to NGO. This ensures that the court has powers to deal with remove the limitations period for child abuse plaintiffs, situations where the plaintiff is unable to recover damages regardless of when the alleged abuse occurred. The bill does from the proper defendant following judgement, because of not retrospectively alter the legal principles that a court will insufficient assets in the associated trust. The bill also ensures apply in determining liability. As in any other case, plaintiffs that the court can make rules in relation to the conduct of a will still have to prove that an unincorporated NGO is liable proceeding where a proper defendant has been nominated or for the abuse. The bill will simply assist plaintiffs in appointed. identifying proper defendants to pursue claims against, and assets against which any judgements can be met. The bill establishes a ‘control test’ for determining if a trust is an associated trust which an unincorporated NGO controls. A Many churches and religious organisations choose to control test is a well-known concept in corporations and structure themselves as incorporated entities. Those taxation law, used to associate one entity to another. organisations are not subject to the bill. Unincorporated NGOs may proactively incorporate to entirely avoid the effect The bill provides protection for trustees of associated trusts of the bill, or may nominate an appropriate defendant to avoid for breach of trust, as well as enabling a trustee to be proceedings against associated trusts. The nominated entity indemnified out of the trust property and limiting a trustee’s may take any form, provided that it is capable of being sued. liability to the value of the trust property.
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The bill does not target any particular organisation, nor does it In my opinion, the Parks Victoria Bill 2018, as introduced to target religious organisations. Instead, the bill targets the Legislative Council, is compatible with human rights as unincorporated NGOs that conduct their affairs via trusts, set out in the charter. I base my opinion on the reasons because that legal structure causes problems when it comes to outlined in this statement. identifying a correct legal entity to sue for institutional child abuse. The royal commission noted examples of this problem Overview occurring with respect to both religious and non-religious organisations. It is only fair that institutional child abuse The bill will repeal and re-enact with amendments the Parks plaintiffs who wish to bring a claim against that type of Victoria Act 1998 to establish Parks Victoria as a more organisation should be on the same playing field as plaintiffs independent park management agency with specific objects, who claim against incorporated organisations, where this expanded functions and direct land management powers and problem does not arise. responsibilities.
In introducing this reform, I acknowledge the important work The bill will also make consequential and related of the Family and Community Development Committee in amendments to the Conservation, Forests and Lands Act preparing their Betrayal of Trust report, and the immense 1987, the Crown Land (Reserves) Act 1978, the Forests Act courage of survivors who have spoken, and continue to speak, 1958, the Land Act 1958, the National Parks Act 1975, the about past organisational child abuse. I particularly Water Industry Act 1994, the Wildlife Act 1975 and several acknowledge the work of the late Anthony Foster and his wife, other acts. Chrissie Foster, and the strong support they received from their local member, the former MP for Oakleigh, Ann Barker. Their Human rights issues advocacy over many years, especially at a time when few were Section 12 — Freedom of movement listening, is a significant part of why we have this bill before us today. Section 12 of the charter provides for the right for every person to move freely within Victoria and to enter and leave it The Victorian government was the first to act in Australia to and to have the freedom to choose where to live. remove civil limitation periods for survivors of child abuse, and to introduce an organisational duty of care to prevent the Clause 84 of the bill will insert section 101 into the commission of organisational child abuse by their personnel, Conservation, Forests and Lands Act to enable regulations to providing clarity for both organisations and survivors of be made for the protection and management of some of the abuse. This bill continues the Victorian government’s land that Parks Victoria manages, including in relation to commitment to implement Betrayal of Trust, and maintains regulating or prohibiting the entry of persons into that land, Victoria’s position at the forefront of state and territory and to restrict or prohibit access to areas through setting aside responses to the civil law recommendations of the royal areas or otherwise. commission. The power to prohibit access can enable land managers to I commend the bill to the house. reduce risks to public safety and protect sensitive conservation areas. This type of power already exists in other Debate adjourned for Mr RICH-PHILLIPS (South Crown land legislation, including the Crown Land (Reserves) Eastern Metropolitan) on motion of Mr Ondarchie. Act and the National Parks Act.
Debate adjourned until Tuesday, 8 May. The new regulation making power may be perceived as limiting a person’s freedom of movement. In itself, the power does not limit any person’s freedom of movement. However, PARKS VICTORIA BILL 2018 when developing regulations or administering the regulations to prohibit access, the human rights set out in the charter will Introduction and first reading need to be considered in accordance with the obligations under that act. Any limits on a person’s right to freedom of Received from Assembly. movement would only be imposed to the extent necessary to fulfil the purpose of prohibiting access. Read first time on motion of Mr JENNINGS The bill does not limit the right protected under section 12 of (Special Minister of State); by leave, ordered to be the charter. read second time forthwith. Section 18 — Taking part in public life Statement of compatibility Section 18 of the charter provides that every person in Victoria has the right, and is to have the opportunity, without Mr JENNINGS (Special Minister of State) tabled discrimination, to participate in the conduct of public affairs, following statement in accordance with Charter of directly or through freely chosen representatives. It further Human Rights and Responsibilities Act 2006: provides that every eligible person has the right, and is to have the opportunity, without discrimination, to have access, In accordance with section 28 of the Charter of Human Rights on general terms of equality, to public office. and Responsibilities Act 2006, (the ‘charter’), I make this statement of compatibility with respect to the Parks Victoria Clause 155 of the bill will repeal section 14 of the National Bill 2018. Parks Act, which provides for the appointment of park advisory committees. Clause 197 of the bill will repeal section 32AE of that act, which provides for the Alpine
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Advisory Committee, whose role is to assist in the Second reading development of a management plan for the Alpine National Park. Ordered that second-reading speech be The repeal of those provisions may be perceived as limiting a incorporated into Hansard on motion of person’s right to participate in public life. However, clause 24 Mr JENNINGS (Special Minister of State). of the bill will provide a broader power for Parks Victoria to appoint one or more advisory committees to give advice and Mr JENNINGS (Special Minister of State) information to Parks Victoria with respect to any land (12:13) — I move: managed by Parks Victoria or any of its functions. Such committees could include park advisory committees or That the bill be now read a second time. committees to advise on the development of management plans for particular parks. This broader power will expand the Incorporated speech as follows: potential for the public to be appointed to committees and to participate in public life. The Parks Victoria Bill 2018 will repeal and re-enact with amendments the Parks Victoria Act 1998 to establish Parks Therefore, the bill, as it relates to committees, does not limit Victoria as a strengthened and more independent park the right protected under section 18 of the charter. management agency with specific objects, expanded Clause 19 of the bill specifies the circumstances in which the functions and direct land management powers and office a member of Parks Victoria becomes vacant. These responsibilities. The reforms are consistent with the Victorian circumstances include where a member is convicted of an Labor 2014 platform. indictable offence. Clause 21 specifies the circumstances when the Governor in Council may remove a member from An outstanding parks and reserves system office. For example, the Governor in Council may remove a Victoria is fortunate to have a magnificent system of parks member from office if that member is negligent in the and reserves covering approximately 4.1 million hectares — performance of the member’s duties. They are similar about half of the state’s Crown land. These areas mainly provisions to those applying to various other public entities. comprise the national and other parks under the National Parks Act 1975 but also include several thousand other areas These clauses may engage and limit the right under managed for conservation or other purposes under several section 18. However, they are justified in the interests of different acts. facilitating good corporate governance and, in the case of clause 21, also helping to safeguard against the misuse of These parks and reserves contribute a wide range of tangible public funds. The circumstances are clearly stated and not and intangible benefits, including protecting significant parts arbitrary and are clearly linked to the objective of good of the state’s diverse natural and cultural heritage. Many of governance. There are no less restrictive means available to these areas are of particular significance to traditional owners achieve the objective. and they provide a wide range of ecosystem services and recreational benefits for the broader community, and Section 19(2) — Cultural rights contribute significantly to the visitor economy. Section 19(2) of the charter provides for the rights of The management of these special places requires a strong Aboriginal persons to maintain their distinctive spiritual, park management agency with clear accountabilities and material and economic relationship with the land and waters responsibilities, equipped to tackle the challenges of park and other resources with which they have a connection under management in the 21st century for the long-term benefit of traditional laws and customs. the environment and the community. This right is particularly relevant to several clauses of the bill which aim to promote the right: Strengthening Parks Victoria as a park management agency Clause 7 provides that one of the objects of Parks Parks Victoria was established in 1996 to manage various Victoria will be to recognise and support traditional parks and reserves on behalf of the state. Formed from an owner knowledge of and interests in land managed by amalgamation of the former Melbourne Parks and Waterways Parks Victoria. and most of the former National Parks Service, it initially Clause 8 provides that a function of Parks Victoria will operated as Melbourne Parks and Waterways trading as Parks be to support the involvement of a specified Aboriginal Victoria and became a statutory authority in its own right in party for such an area of land in the management of that 1998 under the Parks Victoria Act. land. The creation of Parks Victoria occurred within the context of Clauses 40 and 48 require consultation with any relevant the then government’s broader public sector management specified Aboriginal party in the preparation or reforms, sometimes referred to as the purchaser-provider amendment of a land management strategy or a land model, and aimed to establish a clear separation between the management plan for areas managed by Parks Victoria. purchaser of park management services — mainly the Secretary to the Department of Environment, Land, Water The bill thus promotes the rights protected under and Planning — and the provider of those services — section 19(2). Parks Victoria.
The Hon. Gavin Jennings, MLC Parks Victoria’s main function has been to provide services for Special Minister of State the management of parks, reserves and other land under the
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control of the state. It also provides services for the it will require Parks Victoria to prepare a statewide land management of certain waterways land in Melbourne, acts as a management strategy that will set out the general committee of management of some Crown land reserves, and long-term directions, strategies and priorities for the leases reservoir parks from Melbourne Water Corporation. protection, management and use of the land it manages; Parks Victoria also acts as a manager of several local ports under the Port Management Act 1995 and as a waterway it will give Parks Victoria an overarching power to manager for certain areas under the Marine Safety Act 2010, prepare land management plans for the land it manages arrangements which will remain unaffected by the bill. which may cover more than one park or reserve;
While Parks Victoria is responsible to the secretary for the it will enable Parks Victoria to formally establish provision of services, it is also responsible to the minister advisory committees to give it advice and information in administering the Parks Victoria Act. The current relation to any of the land it manages or any of its arrangement and accountabilities are complex. Twenty years functions; on from its creation, it is appropriate to review the model under which Parks Victoria operates. it will enable the Governor in Council to make regulations for the management of land for which the The bill will strengthen Parks Victoria as a park management existing regulation-making head of power is agency by moving it from being a provider of services inadequate — for example, where an area managed by operating in a purchaser-provider arrangement to a statutory Parks Victoria has not been formally reserved for its authority having direct control and management of Victoria’s intended purpose and which might comprise land with national parks and other reserves. With clear objects and a different land status; and comprehensive set of functions, the bill will enable Parks Victoria to operate with greater strategic and operational it will simplify the requirements for preparing corporate autonomy but within a reporting framework that includes a planning documents, including corporate and business clearer line of accountability to the responsible minister. plans, in line with amendments made in 2017 to the Royal Botanic Gardens Act 1991 and the Zoological The bill is essentially a governance bill; it will not change any Parks and Gardens Act 1995. existing land uses. The existing land management acts, particularly the National Parks Act and the Crown Land Conclusion (Reserves) Act 1978, with their checks and balances applying to a wide range of different circumstances relating to parks In summary, the legislative reforms will mean that: and reserves, will remain the principal source of powers and Parks Victoria will have comprehensive objects and responsibilities for the land that Parks Victoria manages. functions, and land management powers and Overview of changes to be made by the bill responsibilities in its own right;
The bill will establish clear objects and functions for Parks there will be clearer governance arrangements and more Victoria. These cover the broad range of activities for which efficient tools to achieve better management outcomes Parks Victoria is to be responsible and emphasise the need to for Victoria’s national parks and other reserves; and protect, conserve and enhance the areas for which Parks there will be appropriate checks and balances to enable Victoria will have direct responsibility. They also the minister to be clear about the performance expected acknowledge the importance of traditional owner of Parks Victoria by enabling the minister to issue involvement in Victoria’s national parks and other reserves, statements of obligations and directions, and through the and that these areas are part of the broader landscape and that corporate planning process. it is important for Parks Victoria to confer with and cooperate with the secretary and other land and water managers. A strengthened Parks Victoria operating in a more efficient operating environment will help better realise the benefits to The bill will give Parks Victoria direct control and the environment and the community of well-managed parks management of Victoria’s national parks and other reserves, and reserves and will enable it to be a world-class park rather than relying on service agreements with the secretary or management agency equipped to tackle the increasing park a relevant minister. Consequently, the bill will give Parks management challenges of the 21st century. Victoria direct land management powers under the relevant land acts in relation to the land for which it is responsible. I commend the bill to the house. Several overarching responsibilities will remain with the secretary, the most notable being the responsibility for the Debate adjourned for Mr DAVIS (Southern prevention and control of fire, and recovery from fire. Parks Victoria will continue to support the secretary by providing Metropolitan) on motion of Mr Ondarchie. staff and resources. Debate adjourned until Tuesday, 8 May. The bill will also introduce several improvements and efficiencies to assist Parks Victoria in its management of our parks and reserves:
it will enable the minister to issue a statement of obligations to Parks Victoria that will set out the broad expectations of the minister in relation to Parks Victoria performing its functions and exercising its powers;
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PETITIONS UNIVERSITY OF DIVINITY Following petitions presented to house: Report 2017 Vermont South cyclist safety Ms TIERNEY (Minister for Training and Skills), by leave, presented report. To the Legislative Council of Victoria:
Cyclist safety on Burwood Highway, Vermont South Laid on table. The petition of certain citizens of the state of Victoria draws SCRUTINY OF ACTS AND REGULATIONS to the attention of the Legislative Council the dangers facing cyclists on Burwood Highway when crossing the Dandenong COMMITTEE Creek in Vermont South. Burwood Highway is a primary state arterial road running east–west linking the inner and Alert Digest No. 5 middle suburbs and the outer eastern suburbs. At the crossing over the Dandenong Creek, the bridge has three lanes either Mr DALLA-RIVA (Eastern Metropolitan) side with no bike lane and no space for bike lanes. The speed presented Alert Digest No. 5 of 2018, including limit here is 80 kilometres per hour. The only alternative route appendices. is a combination of a rough gravel path and elevated boardwalk through the creek’s wetlands, which is closed by Parks Victoria in inclement weather. This route is tortuous Laid on table. and inherently dangerous and in fact has led to the death of a cyclist. Ordered to be published.
The petitioners therefore request that the Legislative Council PUBLIC ACCOUNTS AND ESTIMATES of Victoria urge the government to construct a shared user cycle-pedestrian path from Morack Road connecting the COMMITTEE Dandenong Creek trail to the EastLink trail overpass on Burwood Highway, Vermont, including a new dedicated Financial and performance outcomes 2016–17 bridge to the south of the vehicle bridge. Ms PATTEN (Northern Metropolitan) presented By Mr LEANE (Eastern Metropolitan) report, including appendices, together with (442 signatures). transcripts of evidence.
Laid on table. Laid on table.
Crime prevention Ordered that report be published.
To the Legislative Council of Victoria: Ms PATTEN (Northern Metropolitan) (12:16) — I The petition of residents in Victoria calls on the Legislative move: Council to note that there is a crime tsunami engulfing Victorians. Small businesses are regularly being targeted, That the Council take note of the report. residents feel unsafe in their own homes and going to work, and Victorians are losing faith in our justice system. In doing so I would briefly like to thank the committee secretariat for what was for me, as a newly appointed The petitioners therefore respectfully request that the Public Accounts and Estimates Committee (PAEC) Legislative Council calls on the Andrews Labor government to match the coalition policy and introduce mandatory member, a very interesting process. I thank Dr Caroline sentencing, toughen up the justice system and hold criminals Williams, Dr Kathleen Hurley, Alejandro Navarrete, to account. Bill Stent, Jeff Fang, Leah Brohm, Melanie Hondros and Amber Candy very much for presenting not only a By Ms CROZIER (Southern Metropolitan) very readable report on the work of this committee on (22 signatures). the financial and performance outcomes but also one Laid on table. that lays out how that process occurs. It is a very detailed process, and it works pretty much throughout the year — speaking to departments, developing questionnaires, seeing where the budget matches the actual situations and looking for the discrepancies.
With the changes in technology and the improvements in our collection of data this report makes a number of recommendations around greater transparency and
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improved reporting that have been made possible spending of that allocation from the budget by the through technology. Also, some of our departments. I would like to take the opportunity to recommendations are around victims of family violence thank the secretaries, deputy secretaries and staff of the as well as gender equality policies. Considering that the departments who also do a lot of work in answering the government has made these very important issues for surveys and preparing for the hearings. There is a lot of this term, I think it is important that we hold it to information from the surveys, from the hearings and account to ensure that those targets are actually being from the questions that are taken on notice. met. PAEC, through the financial and performance outcomes report, is a very effective way of doing this. I As Ms Patten said, it is a very readable report and, as think this is a surprisingly readable report, and I Ms Shing said, it is a very digestible report, but it is a commend it to the house. good source of information for members of Parliament and the public as to how budget allocations have been Ms SHING (Eastern Victoria) (12:18) — I have just spent by the departments. I would say that while it has a few words on the financial and performance improved transparency there is still a long way to go outcomes report tabled by the Public Accounts and with regard to transparency and accountability with the Estimates Committee. Again, thanks go to the expenditure of public funds, but this is certainly a good secretariat, who have worked assiduously to gather the start. information presented by departments and to coordinate a process which on some readings may otherwise be Motion agreed to. terribly unwieldy and difficult, not just for the public to understand but for members of the committee to PUBLIC ACCOUNTS AND ESTIMATES navigate their way through. In this regard the outcomes COMMITTEE report is in fact easily digestible and, I would say, a more easily digestible report than previous editions of Parliamentary Budget Officer appointment the financial and performance outcomes. Again, it is about making this information as digestible and Ms PENNICUIK (Southern Metropolitan) user-friendly as possible and hopefully thus broadening presented report. the audience to which this sort of report might appeal. Laid on table. So thank you to everyone who has been involved, and, again in the interests of scrutiny and transparency, it is Ordered to be published. certainly my view that this report acquits the objectives of the committee in that regard. Ms PENNICUIK (Southern Metropolitan) (12:22) — I move: Ms PENNICUIK (Southern Metropolitan) (12:19) — I would also like to speak briefly on the That the Council take note of the report. financial and performance outcomes report tabled today The report outlines the process that the Public Accounts from the Public Accounts and Estimates Committee and Estimates Committee, in its role under the and to echo my thanks to the committee secretariat, as Parliamentary Budget Officer Act 2017, plays in the named by Ms Patten, for their fabulous work on this recruitment and recommendation to the minister and report. It is worth remembering that this is only the the Governor in Council for appointment of the third time a financial and performance outcomes report Parliamentary Budget Officer, which of course in this has been tabled by the Public Accounts and Estimates case is the first Parliamentary Budget Officer appointed Committee. In fact hearings with the various in Victoria. The report outlines for the Parliament and departments have been conducted only three times. the people of Victoria the process that was followed by This is part of the public accounts function of the Public the committee with regard to the recruitment and Accounts and Estimates Committee, which hitherto has recommendation for appointment of the Parliamentary been more focused on the budget estimates side of its Budget Officer. I was quite involved, being on the role, which we will be launching into not too far from subcommittee of the Public Accounts and Estimates now. Committee which made this recommendation. On The budget estimates hearings are followed up six 8 March this year the committee wrote to the Special months later by the inquiry into the financial and Minister of State advising him of the committee’s performance outcomes, and that involves working with recommendation that Mr Anthony Close be appointed the departments and the staff to chase up what by the Governor in Council as the inaugural sometimes are anomalies between what has been Parliamentary Budget Officer (Victoria). allocated to departments to spend and the actual
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Mr Close was the acting CEO of the Queensland Audit STANDING COMMITTEE ON THE Office between 2016 and 2017 and prior to that he was ECONOMY AND INFRASTRUCTURE the Deputy Auditor-General for three years. He has substantial experience across all facets of financial VicForests operations audit, performance audit, strategic audit, planning and investigations. He has led the delivery of more than Ms PULFORD (Minister for Agriculture), pursuant 500 financial audits, major grants, certifications and to standing order 23.30, presented government 20 reports to Parliament. Mr Close has also worked in response. the private sector at BHP Billiton, Mitsubishi Alliance and SMS Management and Technology. Mr Close is a Laid on table. fellow certified practising accountant specialising in investment evaluation in the public and private sectors. PUBLIC ACCOUNTS AND ESTIMATES He holds a bachelor of business management in COMMITTEE accounting from the Queensland University of Technology. Budget estimates 2017–18
This report was adopted by the committee at its meeting The Clerk, pursuant to section 36(2)(c) of the held on 16 April 2018, and the Governor in Council Parliamentary Committees Act 2003, presented accepted the Special Minister of State’s advice and government response. made the appointment. I would also like to thank all the Laid on table. other people who applied and put themselves forward for short-listing and interviewing for the position of OMBUDSMAN Parliamentary Budget Officer. There were some good people who applied. I wish Mr Close well in his Wodonga City Council’s overcharging of waste appointment. management levy Ms SHING (Eastern Victoria) (12:25) — I rise to The Clerk, pursuant to section 25AA(4)(c) of the make a number of brief remarks in relation to the Ombudsman Act 1973, presented report. Parliamentary Budget Officer report and the process of the Public Accounts and Estimates Committee (PAEC) Laid on table. in the selection, recruitment and interview process which was undertaken earlier this year and culminated Maribyrnong City Council’s internal review in the making of a recommendation to appoint practices for disability parking infringements Mr Anthony Close, which has been accepted by him. I reiterate the comments made by Ms Pennicuik in The Clerk, pursuant to section 25AA(4)(c) of the relation to the work undertaken by the committee and Ombudsman Act 1973, presented report. also by the secretariat in facilitating a process which gives full confidence not just to the Parliament but also Laid on table. to users of this particular office into the future that again the interests of transparency, accountability and PAPERS efficiency will be met in each and every regard. On this particular point I note that Mr Close comes Laid on table by Clerk: extraordinarily well equipped with his previous Bendigo Kangan Institute — Report, 2017. experience, skills and expertise to fulfil the Box Hill Institute — Report, 2017. requirements of the role. Thank you again to the secretariat for facilitating this work and to the members Centre for Adult Education — Report, 2017. of PAEC who were involved in the process the entire Chisholm Institute — Report, 2017. way and who also had fulsome input into the way in Deakin University — Report, 2017. which it was conducted. Falls Creek Alpine Resort Management Board — Report, 2017. Motion agreed to. Federation Training — Report, 2017. Federation University Australia — Report, 2017. Gambling Regulation Act 2003 — Amendment to the Category 1 Public Lottery Licence, 20 March 2018. Gordon Institute of TAFE — Report, 2017.
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Goulburn Ovens Institute of TAFE — Report, 2017. County Court Act 1958 — No. 34 Holmesglen Institute — Report, 2017. Criminal Procedure Act 2009 — No. 46 Interpretation of Legislation Act 1984 — Notice pursuant to Domestic Animals Act 1994 — No. 35 section 32 in relation to the Climate Change Regulations Drugs, Poisons and Controlled Substances Act 1981 — 2017. No.45 La Trobe University — Report, 2017. Family Violence Protection Act 2008 — No. 36 Melbourne Polytechnic — Report, 2017. Family Violence Protection Act 2008 and Magistrates’ Monash University — Report, 2017. Court Act 1989 — No. 42 Mount Buller Mount Stirling Alpine Resort Management Greenhouse Gas Geological Sequestration Act 2008 — Board — Report, 2017. No. 41 Mount Hotham Alpine Resort Management Board — Report, Judicial Proceedings Reports Act 1958 — No. 37 2017. Sheriff Act 2009 — No. 44 Municipal Association of Victoria — Report, 2016–17. Subordinate Legislation Act 1994 — No. 40 National Environment Protection Council — Report, Victoria Police Act 2013 — No. 39 2015–16. Subordinate Legislation Act 1994 — Planning and Environment Act 1987 — Notices of Approval of the following amendments to planning schemes — Documents under section 15 in respect of Statutory Rule Nos. 34 to 38, 40 and 42 to 46. Ballarat Planning Scheme — Amendment C209. Legislative instruments and related documents under Buloke Planning Scheme — Amendment C37. section 16B in respect of — Colac Otway Planning Scheme — Amendment C95. Minister’s Determination of 19 April 2018 of the East Gippsland Planning Scheme — Amendment C128. cost recovery fee for participants in the first-stage behaviour change program under the Road Safety Glen Eira Planning Scheme — Amendments C153 and Act 1986. C180. Minister’s Notice of 27 March 2018 fixing the Greater Dandenong Planning Scheme — value of the gaming machine charge for venue Amendment C198. operators for 2016–17 under the Gambling Greater Shepparton Planning Scheme — Regulation Act 2003. Amendment C190. Minister’s Order of 27 March 2018 of the Wildlife Hume Planning Scheme — Amendment C222. (Commercial Fisheries — Interaction with Protected Wildlife) under the Wildlife Act 1975. Manningham Planning Scheme — Amendment C123. Minister’s Order of 13 April 2018 declaring Melbourne Planning Scheme — Amendments C313 and offences against the laws of other States and C315. Territories to be corresponding interstate Melbourne and Port Phillip Planning Schemes — drink-driving offences under the Road Safety Act Amendment GC89. 1986. Moira Planning Scheme — Amendment C85. Sunraysia Institute of TAFE — Report, 2017. Monash Planning Scheme — Amendments C125 Swinburne University of Technology — Report, 2017. (Part 1) and C136. The University of Melbourne — Report, 2017. Moonee Valley Planning Scheme — Victoria University — Report, 2017. Amendments C169. William Angliss Institute of TAFE — Report, 2017. Mount Alexander Planning Scheme — Amendment C73. Wildlife Act 1975 — Wildlife (Prohibition of Game Hunting) — Surf Coast Planning Scheme — Amendment C121. Notice Gazetted 29 March 2018. Victoria Planning Provisions — Amendments VC138, VC140 and VC145. Amendment Notice Gazetted 11 April 2018. Wellington Planning Scheme — Amendment C84. Wodonga Institute of TAFE — Report, 2017. Yarra Ranges Planning Scheme — Amendment C167. Proclamations of the Governor fixing operative dates in Royal Melbourne Institute of Technology — Report, 2017. respect of the following acts: Southern Alpine Resort Management Board — Report, 2017. Bail Amendment (Stage Two) Act 2018 — Whole Act except Parts 2 and 3 — 5 April 2018 (Gazette No. S136, 27 March South West Institute of TAFE — Report, 2017. 2018). Statutory Rules under the following Acts of Parliament — Children and Justice Legislation Amendment (Youth Justice Building Act 1993 — No. 38 Reform) Act 2017 — Remaining Provisions of Part 4, Part 6 Constitution Act 1975 — No. 43
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and Part 8 — 5 April 2018 (Gazette No. S136, 27 March That until otherwise ordered by the Council, for the remainder 2018). of the 58th Parliament:
Children Legislation Amendment (Information Sharing) Act (1) standing order 23.09(3) be suspended; 2018 — Parts 1, 4, 5 (other than Division 3) and 6 — 11 April 2018 (Gazette No. S164, 10 April 2018). (2) the Privileges Committee shall elect two of its members Crimes Legislation Amendment (Protection of Emergency to be joint chairs; Workers and Others) Act 2017 — Part 1, Part 2 (except sections 21, 22 and 23), Part 3 (except section 24(2)) and (3) meetings of the committee shall be chaired by the joint Part 4 — 5 April 2018 (Gazette No. S136, 27 March 2018). chairs on an alternating basis;
Drugs, Poisons and Controlled Substances Amendment (4) a joint chair shall take the chair whenever the other joint (Real-time Prescription Monitoring) Act 2017 — 1 July 2018 chair is not present; and (Gazette No. S190, 24 April 2018). Family Violence Protection Amendment Act 2017 — Part 2 (5) each of the joint chairs shall have a deliberative vote (except sections 32 and 41), Part 6 and Division 1 of Part 9 — only, regardless of who is chairing the meeting. 29 March 2018 (Gazette No. S136, 27 March 2018). Leave refused. Justice Legislation Amendment (Body-worn Cameras and Other Matters) Act 2017 — Whole Act (except Part 2) — 1 April 2018 (Gazette No. S136, 27 March 2018). Ms PENNICUIK (Southern Metropolitan) (12:30) — I desire to move, by leave: Justice Legislation Amendment (Body-worn Cameras and Other Matters) Act 2017 — Part 2 — 18 April 2018 (Gazette That this house appoints Ms Springle to be the chair of the No. S178, 17 April 2018). Privileges Committee. Justice Legislation Amendment (Victims) Act 2018 — Leave refused. Remaining Provisions — 5 April 2018 (Gazette No. S136, 27 March 2018). MEMBERS STATEMENTS Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017 — Parts 1, 2, 5, 7 and section 59 — 1 April 2018 (Gazette No. S136, 27 March Anzac Day 2018). Mr BOURMAN (Eastern Victoria) (12:31) — Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017 — Part 3.4 — 2 April 2018 — Today I would like to talk about a parliamentary Part 2.2 (other than section 6), sections 42 and 43, Division 1 delegation I was part of that went to Turkey to of Part 2.7 and sections 72, 74 and 75 — 30 April 2018 commemorate Anzac Day at Anzac Cove, Gallipoli, (Gazette No. S136, 27 March 2018). amongst other things. It was a great day. It was a very Voluntary Assisted Dying Act 2017 — Part 1 (except long day, but it involved a very moving series of sections 4, 6, 7 and 8) and Part 9 (except Divisions 4 ceremonies by Australians, Turks, the British, New and 5) — 1 July 2018 (Gazette No. S190, 24 April 2018). Zealanders and the French — and I was not aware of how much the French had to do with the Gallipoli NOTICES OF MOTION landings until that ceremony. It was unreal to be at the Notices of motion given. place where the Anzac legend was born. It is a very beautiful place despite its history. It is one of those BUSINESS OF THE HOUSE things I suggest everyone should do, because you see the cemeteries, you see the reality of what was there. Adjournment We were very well looked after by the Turkish government. They made sure that we got where we Mr JENNINGS (Special Minister of State) need to be and helped us when we needed it. I will (12:30) — I move: finish off by saying ‘Lest we forget’ for all the souls that died. That the Council, at its rising, adjourn until 12.00 p.m. on Tuesday, 8 May 2018. Pill testing Motion agreed to. Ms SPRINGLE (South Eastern Metropolitan) PRIVILEGES COMMITTEE (12:32) — Last weekend Australia’s first-ever pill-testing trial was conducted in Canberra at the Membership Groovin the Moo music festival. The Greens and public health experts have been advocating for drug testing for Mr RICH-PHILLIPS (South Eastern years. Evidence from around the world shows that pill Metropolitan) (12:30) — I desire to move, by leave: testing reduces drug use, prevents overdoses and can save lives. At Groovin the Moo around 130 people
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were able to test their drugs and 85 substances were government and a strong Liberal candidate, Nick identified, including the lethal substance McGowan, who will make a genuine difference in N-Ethylpentylone. These people had intended to take Eltham. drugs, and when informed about their ingredients they voluntarily disposed of those drugs. This is how pill Shepparton rail services testing can save lives. Following the trial, politicians from across the spectrum have joined the call from Ms LOVELL (Northern Victoria) (12:35) — public health experts to expand the use of drug testing Monday, 23 April 2018, was a momentous day in the at festivals in Australia. history of the Shepparton electorate, because this was the day that the people of Shepparton finally received a The Victorian government could have run a trial last commitment to deliver the rail service they have festival season, but it did not. The recent drug law wanted and needed for so long. I was tremendously reform inquiry in Victoria recommended that the proud to stand with the Leader of the Liberal Party, Victorian government trial drug testing at an Matthew Guy, on the platform at the Shepparton appropriate music festival so it could be used in the railway station when he announced that a Liberal event of an overdose or other serious adverse effects. government will deliver eight return train services This is a step forward, but with all due respect, waiting between Shepparton and Melbourne each day. It was for overdoses to test pills is completely insane. The wonderful to also be joined by the shadow Minister for ACT have stepped up to minimise harm due to drug Public Transport, David Davis, and the Liberal use, and it is high time Victoria followed suit. Without candidate for the Assembly seat of Shepparton, Cheryl this, Victorian festival-goers will continue to be at risk Hammer, for this momentous announcement. of serious harm and death that could be prevented. In government the Liberals will finally deliver the rail Hurstbridge rail line services that Shepparton has advocated for, but criticism of this commitment from the transport Ms WOOLDRIDGE (Eastern Metropolitan) minister and, curiously, the current member for (12:34) — My statement today is to raise a point of Shepparton in the Assembly was immediate. Their contrast for Eltham residents over the future of the hypocrisy is astounding. The self-praising Ms Sheed Hurstbridge rail line. On one side we have an energetic was elected on a platform of increasing and improving candidate, Nick McGowan, who was proud to recently passenger rail services to Melbourne from Shepparton, announce with Matthew Guy, the Leader of the but three and a half years later we still have only four Parliamentary Liberal Party, that a Liberal-Nationals trains departing Shepparton for Melbourne each government will duplicate the rail line from weekday, and these trains are over 40 years old. It is Greensborough to Eltham. These duplication works time to call out Ms Sheed for what she is: beholden to will include a rebuild of Montmorency station and also the Andrews Labor government and a transport provide another 150 parking spots for commuters. minister whose long-term plan is to give us only one Duplicating the line to Eltham will mean more trains, additional rail service between Shepparton and more often for passengers on the Hurstbridge line. It Melbourne. will significantly increase capacity and provide a better quality alternative to vehicle transport to the city. The Shepparton electorate has a clear choice at this year’s state election. It is abundantly clear that a vote However, on the other side we have the Andrews for Labor and Suzanna Sheed is a vote for five train government, which is struggling to even deliver its services per weekday, whereas a vote for Cheryl current duplication works. The government and the Hammer, myself and a Liberal government is a vote for local member in the Assembly have made no eight return train services per day. commitment on the upgrade of the line to Eltham. We have been hearing absolutely nothing on this except for Alfie Evans some planning work, which has already taken a year. There has been no further action. In the meantime Dr CARLING-JENKINS (Western Metropolitan) Eltham commuters have endured six weeks of rail (12:37) — I rise today to pay tribute to Alfie Evans. shutdowns plus an extension for an extra week as Labor Alfie Evans died at 2.30 a.m. on 27 April 2018 at Alder has been unable to deliver the duplication works further Hey Children’s Hospital in Liverpool, England, just up the line on time. Eltham residents are absolutely fed days short of his second birthday. up. When it is all finally finished all they have been At nine months of age Alfie suffered seizures after promised is a couple of extra trains. There is a stark contracting a mysterious illness which was never contrast between what we have got from this Labor
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diagnosed. After Alfie had been on a mechanical The Anzac Day dawn service at the Epping RSL has ventilator for a year, the hospital sought an order from become an annual event that is recognised by many, the High Court of England and Wales to remove the many locals in Melbourne’s north. It is a wonderful ventilator. Alfie’s parents, Kate and Tom, vehemently event, and I encourage many Victorians, if they cannot objected to this course of action. They took the view check out the dawn service at the shrine, to check out that their son was still fighting for life so they had to the one at the Epping RSL. It was a great service. Lest fight for him. After four months of legal action a final we forget. court order to withdraw ventilation was acted on by the hospital. Alfie breathed on his own for five days after Safe access zones ventilation was withdrawn. The last days of his life were spent in hospital — the courts would not even Ms PATTEN (Northern Metropolitan) (12:40) — allow the parents to take their little boy home to die. Tomorrow we will celebrate the second anniversary of the implementation of the safe access zones in Victoria. Paediatricians from the Bambino Gesù Hospital in Italy This legislation is something that I think we should all believed that further treatment for Alfie was warranted. be particularly proud of. It prevents the harassment of The Italian government granted him citizenship to clients and staff outside reproductive health service facilitate a transfer from a hospital and a judicial system clinics. These clients are often visiting the clinics under that had given up on him. However, this was refused by difficult and distressing circumstances, and I am very the high court in England. This judicial trampling over pleased that they are able to do so without fear of parents’ rights to seek the best health care for their child harassment. It has been a fantastic success, and I am is appalling. I am not surprised that hundreds of parents delighted to note that countries like Great Britain are joined Alfie’s Army to demonstrate their support for looking to copy this model and that the Canadian Kate and Tom in their struggle for true justice and a province of Ontario has adopted our legislation just chance at life for their little boy. recently.
Rest in peace, Alfie. May there be no more cases like The legislation has not prevented freedom of speech on yours in which parents are tyrannically prevented by a this issue. Individuals are still able to express their court from exercising genuine parental care. views and opinions on these reproductive health services. They have the right to protest outside this Anzac Day Parliament, in the streets and via news media and social media. They do not have the right to protest within Mr ONDARCHIE (Northern Metropolitan) 150 metres of abortion providers. They have a right to a (12:39) — On Anzac Day this year I joined the Epping voice but I do not believe they have a right to an RSL for their dawn service, with a reported 6000 other audience. locals who turned out with care and compassion to commemorate the spirit of our Anzacs in many Unfortunately there are still individuals who are conflicts such as the Boer War, World War I, World refusing to adhere to this legislation. An individual who War II, Malaya, Korea, Borneo, Vietnam, East Timor, accosted a couple outside a clinic is having their case Iraq, Afghanistan and other fields of conflict. reviewed by the High Court on constitutional grounds. The individual was arrested on the spot, found guilty Can I pay tribute to the emcee and the chief organiser, and fined by the Magistrates Court. This law was Mr Ken Jeffery, for the wonderful work he did in again created to protect people, who are often in a very pulling the dawn service together in Melbourne’s emotional and vulnerable position, from being wonderful north. I pay tribute to Mill Park Secondary harassed. This type of bullying behaviour must not be College students Katalina Sibvurian and Marco Ligon supported under the guise of free speech. for their contribution to the service; to the president of Epping RSL, Mr Kevin Ind, and to Madison Mason for Harry Crick the delightful reading of the ode; to Felicity Doherty, who sang the New Zealand and Australian national Mr O’DONOHUE (Eastern Victoria) (12:42) — I anthems with great gusto; and to the Anzac organising rise to acknowledge Mr Harry Crick, who is 98 years committee, Terry Power, Ken Jeffery, Frank old. He is one of the last remaining Rats of Tobruk, and Ciechomski, Glen Parker, Tanya Gook, Ross Harvey, he did a lap of honour during the Anzac Day AFL Ray Miles, Simon Doherty, Geoff Lance, Bob McLeod match between Essendon and Collingwood. He is a and John Brown. strong member of the Pakenham RSL, and I pay tribute to the president of the Pakenham RSL, Mr Gary Elliott. It is terrific that Harry’s story has been told as part of
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the Anzac Day commemorations. As we know, for for the 11 long years of the Bracks and then Brumby eight long months Harry and his colleagues lived in the governments refused to deliver. It was only when the desert trenches of the North African campaign, fighting coalition was elected in 2010 that the people of off German and Italian troops along the front lines Sunbury were given their place in the sun. They were through multiple air raids, tank attacks and constant allowed a vote on whether they wanted to stay in the shelling. Harry has been a great supporter of the Harold City of Hume or be part of a new Sunbury council. The Bould Memorial Award, and I thank him for that. I will result was overwhelming. Over 60 per cent of residents also take the opportunity to congratulate Phyllis Bould voted to set up the new council, and the then Napthine for her display and sale of knitted poppies, with all the government gazetted the decision. That is when Labor proceeds going to the Harold Bould Memorial Award. did it again.
Anzac Day Prior to the 2014 election Labor lied again. It solemnly promised that if elected at that election the Andrews Mr O’DONOHUE — I would also like to government would respect the wishes of the people and congratulate the Mornington RSL, and particularly continue with the planned Sunbury city council. As we Alan Vidler and Colin Fisher, for the moving Anzac know, the Andrews government broke its commitment Day dawn service, which had thousands of people in to the people of Sunbury, and to this day they remain attendance in Mornington. It was so fantastic to see so imprisoned in the City of Hume, but this time it will be many young people in particular turning out for dawn different. In 2018 the people of Sunbury know not to services and other commemorations of Anzac Day as believe Labor. They know Labor means lies, and they we gave thanks to those who paid so much and will not be falling for it again. sacrificed so much for our freedoms and liberties. Sunbury is looking forward to November to elect Warrnambool Grand Annual Steeplechase Cassandra Marr as their local member in the certain knowledge she will fight for them in a way no-one has Mr PURCELL (Western Victoria) (12:43) — It for almost two decades. They know she will deliver the gives me great pleasure to rise today to acknowledge city of Sunbury through the Guy government. They the great work of the jumps racing industry in Victoria. know this time they will elect a government they can This week we will see Warrnambool’s Grand Annual trust — a Liberal government. Steeplechase and the three-day racing event in Warrnambool. It is probably the biggest sporting event Eastern Freeway rail reservation in western Victoria if not in all of country Victoria. The improvement in the safety of jumps racing in Victoria Ms DUNN (Eastern Metropolitan) (12:46) — The over the recent years has been nothing but astounding. Andrews government has let the people of The numbers of horses involved in the industry, and in Manningham down by announcing that it intends to this year’s events in particular, are impressive. There occupy the rail reservation in the median of the Eastern are 10 jumping events all with full fields at Freeway with extra lanes to feed the north-east link Warrnambool. The events this year will see tens of mega toll road. The Eastern Freeway rail reservation thousands of people attend the race meeting at has been protected for decades in the hope of building Warrnambool, culminating on Thursday with over the first rail transport to Manningham since the 30 000 people — that is more than the total population Doncaster electric tramway ceased operating in 1896. It of Warrnambool — attending the Grand Annual is now clear that Daniel Andrews, the Premier, is Steeplechase. This event has the most jumps in the determined to ensure the people of Manningham will world and is over 5 kilometres. I would suggest to never get proper public transport despite the strong anyone who has not been there that they come and have population growth and infill development in the area. It a look at it. It is a special day and one that the local is needlessly short-sighted to prevent this important community certainly gets a great benefit from. I hope to heavy rail line from ever being built. see many MPs at the event on Thursday. Come and see this spectacular jumping event. A rail line can carry 30 000 people per hour in each direction, while additional lanes in the median will only Sunbury municipality carry 2400 cars, most of which will be single occupancy. Furthermore, this is a breach of trust by the Mr FINN (Western Metropolitan) (12:45) — In Andrews government. The North East Link Authority September 1999 Labor did what Labor is renowned has previously written in correspondence to me that the for — it lied. Labor lied to the people of Sunbury. It selection of option A would not preclude the promised Sunbury a vote on its municipal future, then construction of either a bus rapid transit or future heavy
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rail line in the median of the Eastern Freeway. It is clear Financial services sector that this was just a lie to avoid even more pushback against the selection of option A. Mr RAMSAY (Western Victoria) (12:50) — I would like to put on record my anger, frustration and The Victorian Greens will continue to push for disappointment at the behaviour of our financial protection of rail reservations, oppose this wasteful institutions, as revealed by the current royal mega toll road and work for the redirection of the commission into financial services. My disappointment $16.5 billion into our public transport system. extends to those who initially refused to acknowledge the illegal practices and cultures of many of our Warrnambool Base Hospital financial service companies and their external consultants, the initial reluctance to support a royal Mr MORRIS (Western Victoria) (12:48) — A commission into the corporate behaviour of our member for Western Victoria Region, James Purcell, banking system given substantial evidence of illegal has again failed the people of the south-west and once activity and the insipid response of our regulator, the again proven he is full of talk and is trying to shift Australian Securities and Investments Commission blame for his own failings. Once again he is looking to (ASIC), which failed to use its powers to prosecute blame the Liberal Party for Labor’s failure to fund the those engaged in cowboy illegal corporate behaviour redevelopment of the Warrnambool Base Hospital that preyed on those Australians who put their trust and operating theatres and emergency department in the their money into the banking services. state budget. He now claims he needs a commitment from the Liberal Party to leverage the government’s — As someone who has sat on many boards and is a graduate member of the Australian Institute of Mr Purcell interjected. Company Directors, I am appalled at the lack of Mr MORRIS — Well, Mr Purcell needs to read a corporate responsibility by the board members of our little more. The commitment has been made several banking institutions, no more so than those — and I, times by the member for South-West Coast in the other like many others — who have placed their life savings place, Roma Britnell, who is a very strong advocate and and trust in them. My family have been generational is securing a pledge from the Liberal Party. It is absurd customers of AMP going back to when it was a life for him to say now this is the reason that this project insurance provident society, and I have continued to has not been funded. invest in AMP and place my trust in its financial advice to prepare myself for independence in my retirement Labor has done nothing but delay this vital project. years like so many others. They have had four years to get this done and they have delayed and dragged their feet, and Mr Purcell has been Not only has the AMP board now placed that company complicit in this. After all, he is the at risk, with numerous class actions foreshadowed and government-appointed chair of the community advisory potential severe penalties to be applied to the company, committee. He has been charged with getting this but it has also lost the people’s trust. I have not even project shovel-ready for inclusion in this state budget. heard a letter of reassurance from them to give some He, as chair of that committee, has failed to ensure the confidence to those who have put confidence in them. work was done for inclusion in this budget. He has And as for that, I partly blame our regulators. One of failed again to gain funding for one of the most vital those regulators, ASIC, has let us down and in my mind pieces of infrastructure in the south-west — the should come under the spotlight as much as our region’s largest hospital. He has painted himself as a financial institutions. Yes, it has more powers to great Independent — a man who can get results — but prosecute and apply penalties, but it needs the courage like other Independents before him, he has sold out, and to do so and step up. Talk about a regulator that has the people who have lost are the people of the been a toothless tiger. south-west. Holocaust commemoration Mr Purcell claims to be an almighty influence over the Ms FITZHERBERT (Southern Metropolitan) government and will tell anybody who is listening he is (12:51) — I was able to attend the Jewish Community a crucial vote in this place; however, he has once again Council of Victoria (JCCV) annual Holocaust failed to represent western Victoria. commemoration at Robert Blackwood Hall at Monash University on 11 April. I was joined there by Mrs Peulich and also by the Assembly member for
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Caulfield. It was an extraordinary and moving evening, scheme to deliberately and systematically rip off the as always. Victorian taxpayer. So pathetic were her rorting ways that she even lost a seat for the Labor Party, a prelude to In particular I want to note the personal testimony that her mismanagement as minister. was given by Mrs Luba Olenski. She told her own story of her experiences during the war. I guess this is at the And then we have the $3 million bill for the minister’s heart of what these events are about: to tell stories and youth justice rodents, and that is a minimum charge. As to remember what happened in the hope and in the if the disastrous PR surrounding the first youth justice prayer that it will never happen again. She told her story facility site in Werribee was not enough, we now learn of being separated from her parents at a very young the striped legless lizard has been discovered in large age. She was a young child. She told of having to quantities on grassland at the second chosen site, escape from a train which was on its way to a labour blowing out the budget by a further $3 million. camp. She told a story of being hunted for several years and having to live in a forest with other Jews and living The Andrews Labor government is so hopeless when it under constant threat to her life. These stories are comes to youth justice it cannot even build a new jail extremely painful, but it is critical that they are told and without botching it and costing taxpayers millions of never forgotten. dollars. So the Victorian community has one message for the minister for riots, repairs, reviews, rodents and I want to acknowledge the JCCV for staging, as usual, a rorts: resign. Because November cannot come soon very fitting and sensitive commemoration where this enough. form of remembrance can happen for, I think it was, nearly 1000 people on that evening. SERVICE VICTORIA BILL 2017 Anzac Day Second reading
Ms FITZHERBERT — I also want to Debate resumed from 21 November 2017; motion of acknowledge the commemorative services on Anzac Ms PULFORD (Minister for Agriculture). Day that were held by the Oakleigh-Carnegie RSL. Their dawn service, which is a relatively recent event, Mr RICH-PHILLIPS (South Eastern has been held on four occasions now and has increasing Metropolitan) (12:55) — I am pleased to rise this support from the local community. The Friends of afternoon to speak on the second reading of the Service Elwood RSL also hold their own beachside service Victoria Bill 2017, which has been a long time coming award. They are both excellent forms of remembrance in this place. I think the bill — like so much of the and ceremonies. Lest we forget. government’s legislative program — was scheduled to be dealt with in December of last year and, through the Ms Mikakos government’s own decisions, has stalled basically until the middle of this year, but we now have an opportunity Ms CROZIER (Southern Metropolitan) (12:53) — this afternoon to consider what is being proposed in this President, as you may be aware, there has been a saying bill and for the house to pass its judgement on the within youth justice for a number of years that direction the government is going with service delivery Minister Mikakos should be referred to as the Minister in this state. for Riots, Repairs and Reviews, and with more than 50 riots or serious incidents occurring under her This of course is a very broad area of administration. watch — a number which is more than all previous As we know, state and territory governments are Victorian governments combined, all the while costing fundamentally about service delivery, so when you the Victorian taxpayer tens of millions of dollars in have a piece of legislation come into the house focused unnecessary expenses — it is little surprise that she has on service delivery it is something which should be of lost the confidence of this house and some of her interest to all members of this house, as I think it is of parliamentary Labor colleagues. interest to the Victorian community. The interaction that takes place between government and citizen is Well, in 2018 we can add a couple more Rs to Minister something that is incredibly important at a state level Mikakos’s title. The rorting minister should be because it is a service delivery level of government, and condemned for participating in the $400 000 Labor red improving that interaction between government and shirt scandal after being exposed by the Victorian citizen, between customer and provider, should be more Ombudsman as being a participating member. The now of a key focus of what we do as members of Parliament minister was one of 22 found guilty, complicit in the than what is done by the government more generally.
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President, there is no doubt that in the last decade the Some of the early efforts to put government services community’s expectations around service delivery have online in an internet sense and then of course online changed dramatically. The advent of smart devices — through mobile applications has been at best clunky. pocket computers that are virtually ubiquitous in the Look at some of the developments at the community now — has completely altered the way in commonwealth level. The myGov platform I think was which the community undertakes transactions, the way perhaps one of the clunkier examples we have seen. in which the community gathers information and the Certainly its original iteration was one of the clunkier way in which the community communicates with other examples of the development of a platform for members of the community. Within this place you see government online service delivery. Subsequently the members using smart devices to communicate with commonwealth has modified that platform, but the other members across the chamber and you see initial iteration, the initial rollout, really did not meet in members communicating from within the chamber to any respect the expectations of the community in being outside the chamber. You see the same devices used to able to access, in that case, commonwealth government communicate across the world. services online.
It is worth reflecting, President, that the smart devices It may well have met the expectations of the department as we know them typically — and we have seen the that developed it and it may well have met a whole lot proliferation of Apple devices, iPads, iPhones — have of back-of-house needs for the departments that use the only come about in the last decade. Prior to about 2007 platform, but it did not meet in its initial iteration the what we know currently as a smart device was not in expectations of the community. It did not provide the common use. The ability to do what we can now do flexibility that the community expects in service with a smartphone or with a tablet did not exist a delivery, and as a consequence it was not broadly decade ago, so there has been an incredible change in embraced by the community. We have seen since that the way in which society, the community, can use first iteration of myGov some substantial improvements technology to communicate, to access services and to to that platform and it is now more widely accepted in access information, and the development of that the community as a way to access commonwealth technology, with the ability for people to communicate government services. with a smart device in their pocket — to communicate, as I said, within the chamber, for example — has What we have seen in the last decade is new technology changed the community’s expectations. creating new ways to deliver services and with that a rapid change in the expectation of the community as to What members of the community now expect from how services will be delivered to them, and that government and from service providers in the private includes government services. So it is appropriate that sector has changed inexorably. The fact that app we as a Parliament and as a government do look at the developers and the fact that service providers in the way in which services are delivered into the community private sector — be they banks, be they health and look at the opportunities which have been created insurance companies, be they retailers — have through technology to improve service delivery. recognised the potential for smart devices and have responded accordingly with the development of The bill before the house today implements a legislative applications, with the development of online platforms framework for what the Victorian government has which allow citizens to access services 24 hours a day called Service Victoria. I will come to what Service instantly from their smart device, has changed the Victoria actually is in a little while, but the purpose of expectations of the community. It has understandably this bill is to prescribe Service Victoria as a service led to the community expecting to have instant service delivery agency for government and to provide a delivery. To be able to use a smart device to purchase regulatory framework for identity verification activities something — and of course even our major by Service Victoria. bricks-and-mortar retailers now provide online service delivery through smartphone apps and tablet apps to The main provisions of the bill are to prescribe Service order groceries and the likes which can be delivered, as Victoria as a service delivery agency for government well of course as the earlier iterations of online retailing services. It provides that departments and agencies may through things such as eBay — to do online banking transfer service delivery functions to Service Victoria and to have access to news via news site applications and establishes a mechanism by which, with the mutual has created the expectation of instant service delivery agreement of the Service Victoria minister and the through a pocket device, and one of the big gaps in that minister responsible for an individual agency, service functions may be transferred back to line agencies — so availability of online services has been government. a mechanism to transfer them into Service Victoria and
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by agreement a mechanism to transfer them back. The budgets had run 100 per cent over and that projects bill also establishes a regulatory structure for Service were well behind schedule and were failing to meet the Victoria to undertake an identity verification function to objectives that have been set for them. So there was a provide a single whole-of-government record for each consistent pattern across the 10 sample projects of customer, including standard settings, and it provides a projects being over budget, projects being behind regulatory framework by which service delivery schedule and projects failing to meet the expectations standards may be established. that had been placed on their creation. This is something that on coming to government in 2010 the It is an interesting piece of legislation because often coalition government — this report came down soon with the development of online platforms service, after, in 2011 — recognised in a number of other delivery models and applications there is a need and a projects. desire to be flexible. There is a need and a desire to recognise that what is an effective service delivery I hasten to say that this is not a problem unique to the model today may not be an effective service delivery Bracks and Brumby governments, unique to Labor model tomorrow, and what we have seen — and I used governments or unique to governments full stop; it is a the commonwealth myGov example earlier — is problem which has been repeated in the private sector. platforms changing and approaches changing as There have been any number of studies which have technology develops and as the expectations of the looked at the execution of ICT projects over recent community change. One of the key things, if we are to decades, and invariably those studies identify the same have effective online service delivery, is the need for sorts of problems with budget overruns, with projects those platforms to be flexible, for the provider of those falling behind schedule and with projects failing to platforms to be flexible and for governments to have meet expectations whether they are a creation of the the capacity to change the way in which services are private sector or a creation of the public sector. That delivered online, be it through changing vendors or be it sends a signal that the way in which ICT projects are through changing structures and models, and not to be undertaken needs to change. locked into a rigid framework. In this sense the creation of a legislative framework for Service Victoria is a very We cannot continue to undertake ICT projects that are unusual way for the government to go in setting up scoped in isolation from the marketplace. In the case of Service Victoria. government you have a group of bureaucrats sitting down in a room by themselves to design a better mouse I would like to take a step back and look at the way in trap, taking that out to the market and saying to the which ICT projects in Victoria have developed and the market, ‘Irrespective of your capability and irrespective way in which Service Victoria has been developed, of what is in the market, this is what we want you to leading to this stage with the government now seeking a build, here is a dollar figure, go away and build it’. legislative framework for it. In the early period of the Halfway through they say, ‘Oh, and by the way, we previous government the then Ombudsman and the have changed our minds about what we want; we want then Auditor-General released a review of ICT projects some variations’. Of course they are now getting to the within government. These two statutory office-holders end of their budget so they need to scale back on what had undertaken an extensive audit of ICT projects they expect et cetera. That is, and has been seen to be, a across government. They looked at things such as the recipe for disaster time after time after time. Myki ticketing rollout, the HealthSMART system, the education record system — the name of which In government the coalition released a new ICT currently escapes me — which had been implemented strategy that set out to take a new approach to how in the department of education and a number of other government procured ICT projects and executed ICT small projects which had been commissioned by the projects. There were a number of principles set down in Bracks and Brumby governments, in some cases over a that ICT strategy, and I would just like to refer to four number of years and in some cases in a relatively short of them that were relevant to most projects. period of time, to assess the way in which those projects were designed, the way in which they were The first principle that we thought was incredibly important to the procurement of ICT in government scoped and the way in which they were executed. was the principle that government should be buying off Looking at that sample of 10 projects, the Ombudsman the shelf. Every unit in every agency thinks it is unique, and the Auditor-General, in a joint report, identified a thinks it needs a special solution, thinks that its business range of common systemic problems in the execution is different and needs its own ICT platform and thinks of those ICT projects. The upshot of that report was that that it needs a bespoke system to fit the way it does the two statutory agencies identified in essence that business. The reality is that there is very little within
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government that is unique in terms of business comments by saying they reflect a situation that existed processes and activities, and there is very little within three or four years ago with the model the previous government that needs customisation. The scope for coalition government inherited where the whole of government to be buying off-the-shelf platforms and central government and general government sectors’ software, and where necessary adapting business ICT desktop services were provided by one provider, processes to the off-the-shelf software and platforms, is being CenITex, the government-owned entity. far greater and far lower risk than each government agency wanting to design its own software platform to A concern of the coalition at the time, and the reason meet its own unique way of operating. we pursued the Project Atlas tender in 2014, was that the government’s eggs were all in the one basket: all There is very little that is unique about what desktop services across the general government sector government is doing that it cannot operate and adapt to relied upon service delivery by CenITex through to data off-the-shelf platforms. So one of the key principles of centres, and we saw that as a big risk. There is nothing the coalition’s ICT strategy was that government unique about desktop service delivery; a standard agencies should be buying off-the-shelf platforms desktop operating environment is something that before they sought customisation. They would need a dozens and dozens of companies provide in Australia strong case as to why they were different, why they and around the world. There was the opportunity for were unique and why they needed to design and government to buy those services on a commodified commission a bespoke ICT platform. basis from a number of providers, thereby mitigating the risk of having the government’s eggs all in one The second principle that we sought to roll out across basket with a single provider operating across the entire the public sector in the commissioning of ICT projects central government sector. That was, as I said, the was the need for projects to be scalable. Projects should rationale for our pursuit of the Project Atlas model in be started and piloted on a relatively modest scale with 2014. the capacity for them to be scaled up if they are successful. To use an example, the idea of creating a Another key principle we articulated in our ICT whole-of-government payroll system to cover strategy was the need to encourage innovation — to 250 000 public sector employees was an anathema to recognise that not all good ideas and not all the the direction that ICT projects should go. expertise exists within government in the development of projects and that it is important to have a In saying that projects should be scalable we took the collaborative exercise leading to the development of a view that if you were commissioning a Victorian project to allow industry innovation to come into play government payroll system — and given the fact that with better ideas. there are dozens of such systems available off the shelf anyway the argument as to why the government would One of the challenges for government procurement want to commission its own payroll system is one that generally and ICT procurement in particular is that would need to be tested first — it should be scalable. It often government will specify what it wants in a box should be something that is developed and tested in a and it will develop that in isolation by itself rather than small agency with the capacity then to expand it to in collaboration with the marketplace. It will then go to other agencies rather than starting from a position of tender and because a formal tender has been triggered it trying to build a system that will cover a quarter of a will say, ‘Well, no, we can’t talk to the industry because million people across a thousand different agencies. we are in the middle of a tender’. Industry looks at what That is a recipe for disaster, and that is something that government has said it wants in the tender and scratches we have seen with some of the previous ICT projects in its head as to how on earth government could have Victoria and of course elsewhere in the private and come up with such a project scope, and industry has to government sectors. come up with the project because government has failed to consult and interact before it went to tender. Another area where we sought to set a direction was in But because the tender is on and probity walls are up relation to the risk management around ICT — the and no-one can talk about it you have got industry recognition that you do not want all your eggs in one bidding on something which is difficult, if not basket and the need, if dealing with ICT suppliers, to impossible, to deliver because it has been badly scoped have multiple vendors who can ensure some from the start and the opportunity to innovate and work competitive tension among themselves and also with industry in the development of the specification mitigate and spread risk. In relation to CenITex, this is has been lost. where the coalition has a point of fundamental difference with the current government. I preface these
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That was also something we saw as a particular With a legislative framework which allows for the weakness in procurement generally and, as I said, transfer of service delivery responsibilities from specifically in ICT projects where the state was losing agencies to the Service Victoria entity we are seeing the opportunity for a lot of innovation because of the that further concentrated beyond just the technology nature of our general procurement framework. With the platform and to the actual service delivery activities of ICT strategy it was something that we saw as an the individual agencies. opportunity to reform that engagement between the public sector and industry in the development of One of the other concerns we have with the model is technology platforms so that before we go to market in the cost. The cost, as revealed in the budget to date, is a formal tender process we can have a much better approaching $100 million. We saw that Service understanding of what is available, what can be Victoria was first announced by the government — by achieved and the innovative options available to deliver the Special Minister of State — in the 2015–16 budget, a particular ICT outcome. which was the first budget of the current government. The initiative was described as: It is against those principles that we seek to assess the Service Victoria framework and model that is being Service Victoria will create a new whole-of-government service capability to enhance the delivery of government implemented by the current government. Our concern transactions with citizens, enable the delivery of a more is that the model, as it is being presented by the effective customer experience and create new distribution government, in many respects is the reverse of what channels for simple, high-volume transactions. was articulated in our ICT strategy. It is not a model which is encouraging innovation at an agency level in Initial funding for that project was $15 million, which the development of individual service delivery was allocated in the 2015–16 financial year, and there platforms. It is not a model which is spreading risk and was a further allocation of $81 million in the 2016–17 it is not a model which is reflecting the opportunity for financial year, so two financial years ago from the innovation and cost saving, which is always developing budget that is being introduced today. We saw last year and changing, in the ICT sector. It is in fact a model through the public accounts process that some which is centrally driven with a top-down focus from $58 million of that funding had been carried forward Service Victoria. We do not yet know what form the into the current 2017–18 financial year, which led to a Service Victoria entity is going to take — the bill is fascinating discussion with the minister as to whether open on that, and that is something we will explore in the project was delayed. Minister Jennings, in front of the committee stage. It is a model that is being driven the estimates committee, was at pains to emphasise the by central government, being driven by the Department project had not been delayed, it just had not progressed of Premier and Cabinet through the Service Victoria at the speed that had been planned — but it was not agency. delayed. Nonetheless we saw that money carried forward into the current 2017–18 financial year, and It is interesting to note that the feedback from some obviously if the bill proceeds to committee, we will be individual agencies — some who have been either looking to understand where the financial structure involved with the pilot or will be involved in the around Service Victoria has progressed to since the last Service Victoria model — is that the development of update to the public accounts committee a year ago. Service Victoria has led to them stopping their own innovation. They are not developing their platforms and Another element beyond the cost that we are concerned their service delivery models because Service Victoria about with the Service Victoria model is its opaque is coming. They are bound by Service Victoria and nature. This is a $100 million commitment by the would like to wait and see what that model will mean government. It is a substantial financial commitment for individual agency delivery. over two years, and of course we will be interested in the ongoing costs of the platform. But other than some One of the principles I spoke about before was minor references in the public accounts hearings in the devolved service delivery. What we have with Service last two years, the government has been opaque with Victoria is in fact the opposite. It is bringing everything respect to the development of the Service Victoria together under a single platform with the vendors that platform. The feedback from the ICT industry has been have been contracted for the development of that very interesting with respect to its understanding of platform. This is at odds with taking an off-the-shelf what has been occurring with the development of approach to putting a platform in place and is at odds Service Victoria as a whole-of-government entity — a with sharing risk between vendors and individual government platform — as opposed to what could have service delivery agencies, so rather than mitigating risk been achieved with the same funding through we are seeking to centralise risk through this model. industry-supported platforms.
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Last year we saw an interesting exchange at a Public private sector developed and supported model which Accounts and Estimates Committee hearing between would allow flexibility as technology changed. Ms Pennicuik, I think it may have been, and Tony Bates, deputy secretary of the Department of Premier What we have today is a bill which now recognises the and Cabinet, who gave evidence with respect to Service existence of all the work that has gone into Service Victoria and the delivery of the project and whether it Victoria in some form, though the bill is agnostic as to was tracking to budget and tracking to schedule. As the structure of Service Victoria and whether it is going members may be aware, the Department of Treasury to be a standalone entity or part of a department, and Finance, as part of its reporting to government, to presumably the Department of Premier and Cabinet. the relevant budget committee of cabinet and ministers We will seek the minister’s clarification around that if more generally, benchmarks each of the projects which the bill gets to committee. are being undertaken by government, and it uses a pretty simple assessment — a traffic light assessment. It now seeks to create a legislative framework around A project that is assessed as green is operating as the way in which Service Victoria will interact with the planned, is operating to budget, is operating to schedule agencies for which it is delivering services and around and is expected to deliver what it was commissioned to service delivery standards for the delivery of deliver. When a project has an amber assessment, or government services, as well as the additional aspect, elements of a project which are assessed as amber, it which has certainly not been canvassed in any depth — indicates there are some concerns as to how the project I do not think it has been canvassed at all, frankly — in is proceeding. When a project is red flagged it indicates the government’s material around the development of there are significant concerns. Either it has already gone Service Victoria. That is the issue of a single record, a over budget, is behind schedule or is not meeting single identity, for Victorian citizens, which in expectations or these are likely to be imminent summary would allow them to have a single login through the Service Victoria platform on which they outcomes. have their data stored. That can then be used to access In the course of the hearing the government was asked multiple government services on an ongoing basis about the progress of Service Victoria and specifically rather than provide identity information at each whether there were elements of the Service Victoria individual login. This is something that has not had any execution which had been red-flagged in the public consultation or public disclosure and discussion high-value, high-risk project assessment framework in respect to the Service Victoria model — it is very which exists within the Department of Treasury and much a separate aspect beyond the Service Victoria Finance. Mr Bates essentially indicated that everything platform — but it is encompassed in the legislation and was on track — everything was okay — it is something that has given rise to concerns. notwithstanding an amber assessment. He subsequently wrote to the Public Accounts and Estimates Committee The coalition received correspondence from Liberty a week after the hearing to indicate that a number of Victoria, which sets out a number of concerns with elements of the Service Victoria delivery were in fact respect to the Service Victoria Bill 2017, particularly in red-flagged under the high-value, high-risk framework relation to the way in which that individual ID record would be created under the Service Victoria model and that was put in place to keep on top of the projects. the prospect of that becoming, to use Liberty Victoria’s It is of concern that between the appearance at the phrase, a honey pot of identity information which could Public Accounts and Estimates Committee hearing last be subsequently hacked by third parties. I will not read year and the subsequent letter from Mr Bates there was through Liberty Victoria’s letter at this stage, but I may an indication that the project was not green-lighted well put it on the record at the committee stage if we under the high-value, high-risk framework and that get to that. It runs through in some detail its concerns in there are a number of areas where concerns exist within particular around that single identity record and the the Department of Treasury and Finance as to the implications of that for citizens who choose to set up delivery of Service Victoria. That just goes to highlight that record. Liberty Victoria, as I said, are concerned that it is a complex project, it is an expensive project about the lack of government engagement and and it is a high-risk project that the government has consultation and the lack of understanding in the embarked on, and it is not at all clear as to why, in community about what is being proposed by the seeking to improve service delivery, the government government in respect of that aspect of the legislation. chose to pursue this government-funded and run model when there were so many opportunities for the In many respects, and this is something the government government to engage with the private sector for a and the minister will need to address, what is contemplated in the bill and what has not been the
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Tuesday, 1 May 2018 COUNCIL 1491 subject of discussion is a model not dissimilar to what Recognising that a legislative framework is not was proposed by a previous federal government currently in place and has not needed to be in place for 30 years ago with the Australia Card, which was a existing online service delivery and recognising that the single identity for Australian citizens which would be government is proposing a structure around the identity used and was required for commonwealth government verification function — which we will discuss, no service delivery across a number of channels. That was doubt, in some detail later — which has not gone to the something which in 1987, 1988 or thereabouts was Victorian community, is not understood or accepted in incredibly contentious in the Australian community. It the Victorian community and, as I said, other than the was subject to enormous debate and enormous dissent, limited feedback from Liberty Victoria, has not been and was subsequently abandoned by the Hawke the subject of public consultation, we believe this government, which had proposed it. legislation should not go forward. Accordingly the coalition will be voting against this legislation at the With respect to the identity verification function in this second reading and subsequently. We believe that bill, we have not had that public debate, we have not improvements in service delivery in Victoria and the had that public discussion and, other than the Liberty optimisation of digital platforms can be delivered Victoria correspondence in relation to that aspect, this is without legislation and should be delivered without very much flying below the radar. It is something that legislation to ensure that there is flexibility as we believe is not appropriate without far greater public technology and platforms change into the future and discussion and engagement than has been the case with that in the absence of public debate the case has not the development of this legislation to date. been made for the identity verification function. So when the bill gets to the second reading it will be The coalition absolutely recognises that the opposed by the coalition. There are other ways to expectations of the community are changing with improve service delivery in Victoria, and the case has respect to service delivery. They have changed with not been made for this legislative framework to be put respect to service delivery from the private sector and in place. they have changed with respect to service delivery from the public sector. The development of technology in the Mr ELASMAR (Northern Metropolitan) (13:44) — last decade has seen to that, and it is inevitable that we I rise to contribute to the Service Victoria Bill 2017. will see further technological changes in the next Essentially Service Victoria will revolutionise the decade which will change the community’s delivery of the highest volume government transactions expectations for service delivery by government and such as car registration, birth certificates, fishing which will mean that government will need to be licences and many others as Service Victoria grows. flexible in the way in which it provides services to its This is a very exciting and innovative concept that will citizenry. We are concerned that in creating a legislative modernise processes for all Victorians. It will provide a framework for Service Victoria the government is new high standard in customer services, with the new doing the exact opposite. It is creating a framework agency in the process of building an online platform which stifles innovation and which locks in one model that will eventually become the new place to go for for service delivery. Rather than leading to improved government services. The bill follows the investment of service delivery on an ongoing basis, it will in fact $81 million in the 2016–17 budget to develop the impede improvements to service delivery on an Service Victoria platform. This investment has enabled ongoing basis. the development of new systems, processes and digital platforms to deliver a modern customer experience and The reality is the services that are being delivered address the rising costs of providing such services. online today by government agencies in various forms and at various levels are being delivered without a Accessing government services and information can be legislative framework. VicRoads has not required a excessively costly and difficult to navigate, with legislative framework to put some of its functions hundreds of phone hotlines and 538 different websites. online, nor have any of the other Victorian government This causes delays and frustrations for hardworking agencies. The idea that we now need to pass legislation Victorians, and it is at an increasing expense to to create a locked-in, black-letter law framework for the taxpayers. In response to this challenge the Service way in which those agencies which are participating in Victoria Bill will break down departmental silos and SV interact with SV in the delivery of a platform is not create a new whole-of-government agency that will act one we accept. Our view is that that will simply hinder as a central access point for members of the community further innovation and further change as platforms and to access government services. Service Victoria will technologies evolve in the next decade. create a whole-of-government service capability that
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will enhance the delivery of transactional services BUDGET PAPERS 2018–19 between the Victorian government and citizens. Mr JENNINGS (Special Minister of State), This bill also provides minimum standards around the pursuant to section 27E of the Financial handling and sharing of information, ensuring that Management Act 1994, presented budget paper 2, community members have the choice and ultimate ‘Strategy and Outlook’; budget paper 3, ‘Service control over how their personal information is obtained Delivery’; and budget paper 5, ‘Statement of and used. It is critically important that privacy Finances’ (incorporating quarterly financial report protections are enshrined and strengthened, and with no. 3); and, by leave, presented budget paper 1, that in mind the bill provides for oversight by the Office ‘Treasurer’s Speech’; budget paper 4, ‘State of the Victorian Information Commissioner and the Capital Program’; ‘Overview’; budget information health services commissioner, mandatory reporting of paper, ‘Suburban’; budget information paper, data breaches and, importantly, mandatory independent ‘Rural and Regional’; and ‘Gender Equality Budget auditing. The bill incorporates new offences for any Statement’. improper access of and use of information, and the penalties include imprisonment and the right to external Laid on table. review in relation to decisions on identity verification at VCAT. It will minimise personal data held by agencies Ordered to be considered next day on motion of by removing the need for agencies to prove the identity Mr JENNINGS (Special Minister of State). of individuals. Service Victoria will do this once, and that proof can then be reused. SERVICE VICTORIA BILL 2017
This bill is founded on the principle of citizen choice Second reading and control over their information. The Service Victoria Debate resumed from earlier this day; motion of Bill creates the conditions to move away from various Ms PULFORD (Minister for Agriculture). access points and paper-based processes in favour of a full spectrum of customer journeys that are highly Ms PENNICUIK (Southern Metropolitan) tailored and maximise the level of integration between (13:53) — The Service Victoria Bill 2017 that we are physical service outlets and the countless departments debating this afternoon has been on the notice paper for and agencies providing transactions. quite some time. It has been the subject of quite a long series of discussions between us, the government and However, we recognise that not all citizens prefer or the various parties in the chamber as to its merits and in have easy access to engage with government online. essence the need for it. Consequently the bill’s original Ensuring that Victorians who do not have access to or commencement date has passed. Hence the need for the are unable to use technology have other ways to government to move in committee for a new meaningfully engage with government is a matter of commencement date for this bill. equity. The Andrews government will always cater for the diversity of Victorians, and non-digital channels In overview, the bill provides for the delivery of will continue to be provided. government services to the public by Service Victoria rather than, as is the case now, through various Beta testing for the new Service Victoria platform is agencies — for example, VicRoads, the agriculture underway, and the new process will be available to the department and for certain functions of Victoria Police. public in 2018. We are moving into the 21st century Under this bill there will be an opportunity for and making life easier for most Victorians. I understand Victorians to access the services provided by those the Leader of the Government will move an agencies at the one place, Service Victoria, which is amendment regarding time lines in the committee stage. already being rolled out by the government. The bill I commend the bill to the house. also provides for the functions of the CEO of Service Debate adjourned on motion of Ms PENNICUIK Victoria. (Southern Metropolitan). As I said, a ‘service agency’ as defined under the bill as Debate adjourned until later this day. any of the following: (a) a public service body;
(b) a public entity;
(c) Victoria Police;
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(d) a Council; much discussion between me and my colleagues and between me and the government. I am not even sure if I (e) a person holding an office or position established by or under an Act … or to which the person was appointed could say I am totally certain as to what an electronic by the Governor in Council, or by a Minister … identity credential is. I am more sure than I was at first, but it did take quite a lot of discussion to actually come The government, in its advocacy for Service Victoria, to an understanding of what an electronic identity says that 55 million transactions are completed every credential is, how it may have a life of 10 years and year through various customer service agencies for how it can be used by Service Victoria to assure other things including applying for licences and permits, agencies that an individual has established their identity updating contact details, paying fees and licences et to such a level of certainty that they will not have to cetera. Under the bill relevant ministers who have repeatedly establish their identity either through Service responsibility for the agencies whose functions will Victoria or through other agencies that require this. now be able to be accessed via Service Victoria may agree — and the bill says ‘may’ agree — in writing to It is fair to say that this is the crux of the issues with the transfer customer service operations to Service bill. As I say, I have explored this issue with the Victoria. This is one of the questions that we have government at some length in discussions with raised with the government, because if the word is departmental advisors and a meeting the government ‘may’, then the word is not ‘must’. That does allow for held with staff of Service Victoria et cetera, but I still a minister, and consequently an agency, to not agree to think that for the public record, if the bill gets into the transfer customer service operations to Service committee stage, this is an issue that does demand more Victoria. scrutiny and further explanation from government. I do agree with Mr Rich-Phillips that the public at large is One of the essential issues with regard to this bill and to not very aware of Service Victoria at all or of the Service Victoria itself is if it is going to be, as the establishment of what is being called an electronic government has said, a one-stop shop but there is no identity credential. requirement under the bill for agencies to transfer their functions, then, ipso facto, it is not necessarily going to Business interrupted pursuant to sessional orders. be a one-stop shop. Whether or not Victorians really want a one-stop shop is a debatable point. I know QUESTIONS WITHOUT NOTICE Mr Rich-Phillips spent a long time outlining the problems with the legislation as the opposition sees it, Small business assets and certainly I think one of the questions is what else might have been done rather than setting up Service Mr DAVIS (Southern Metropolitan) (14:02) — My Victoria, which, as I have said, has already been set up question is for the Minister for Small Business. and is operating, albeit to a very small degree. The Minister, family bus companies operated by government tells us that 10 000 people have used generations of one family are now subject to Service Victoria so far. In a state with 4.5 million negotiation with the Andrews Labor government that people that is not very many. But the essential question will see the government nationalise their depots, buses could be, and it is one I have raised with the and intellectual property. I therefore ask: does this set a government, why, if there are problems with the way further unfortunate precedent for small businesses the agencies are delivering their services, they cannot throughout Victoria following the removal of taxi just be brought up to speed, so to speak. licences whereby the Andrews Labor government is prepared to remove hard-earned assets from family The bill allows for progressive transfer and new types businesses? of transactions. Service Victoria will operate on different tiers of interaction, so some tiers will require Mr DALIDAKIS (Minister for Small Business) less verification of identity than others. It creates what (14:02) — I thank the member for their question. I has been called an electronic identity credential for each recall a question very, very similar to this on the last individual. This credential may be used by the sitting day prior to the break, and I believe my response individual only once or it can be saved to be used over then, as it will be now, was that the portfolio and again. I think under the bill the electronic identity undertaking this work of course falls within the credential will last up to 10 years or until a person purview of the Minister for Public Transport. I would decides they do not want to maintain it any more. direct questions or concerns that the member may have about policies to the relevant portfolio minister. The electronic identity credential, which has a somewhat Orwellian name, has been the subject of
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Mr Davis — On a point of order, President, as with We also saw far too many people making dangerous and that earlier question, the example I used was to flesh out illegal choices by getting behind the wheel when they were either drug or alcohol affected. a concern about the safety of the assets of small family businesses, and I have asked the minister a very direct This kind of behaviour puts the whole community at risk and question about whether there is an issue about the is completely unacceptable. removal of assets from small family businesses for We have zero tolerance for these individuals. which he does have responsibility. He answered the question at the time, on your direction. This is a Police were testing those leaving the festival to detect drug similarly phrased question and a similar example has drivers and get them off the roads. been used to flesh out this developing concern, so I So I ask: after taking ice at the Andrews government would put it to you that he ought to answer the injecting facility in North Richmond, will drug addicts question. It was framed carefully to move to a general be immediately tested if they get behind the wheel, as principle about the safety of family business assets. occurred at the festival early this year?
The PRESIDENT — On the point of order, I am Mr JENNINGS (Special Minister of State) not in a position to advise the minister or instruct the (14:06) — I thank Ms Fitzherbert for her question. The minister on how he answers the question. One of the matter that was well and truly teased out during the problems about framing a question with a preamble is committee stage of the supervised injecting facility bill that you actually do provide an opportunity for a that took place in December was in fact the attitude that minister to address the preamble and not the substantive the police would take to people coming to and from the question. The minister has given his response on the facility. basis of addressing the preamble. I am not in a position to direct him differently in terms of that answer. Ms Wooldridge interjected.
Supplementary question Mr JENNINGS — I think Ms Wooldridge may have selective amnesia in relation to what took place Mr DAVIS (Southern Metropolitan) (14:05) — during the course of that committee stage. We actually President, that is extremely disappointing that the discussed that it is in fact the choice of the police in minister is not prepared to answer a question squarely terms of providing for the safety of the community and within his portfolio. I therefore ask: Minister, have you for assessing the impact and the risk that any individual received representations from bus owners or bus in the community may pose at any particular place at associations regarding the government’s brazen agenda any particular time. It is the responsibility of the police to seize their assets, and have you received those to make that assessment and take the appropriate action representations in the role that you hold as Minister for as they see fit. That was clarified in the committee stage Small Business? at great length, and in fact I am reiterating that today.
Mr DALIDAKIS (Minister for Small Business) Supplementary question (14:05) — I thank the member for their question. I will take that question on notice to endeavour to find out Ms FITZHERBERT (Southern Metropolitan) whether my office has received correspondence. I do (14:07) — Minister, further in relation to drug-affected not recall having received a direct approach to me individuals leaving the supervised injecting facility, personally, but of course that does not allow for the fact given that the Transport Accident Commission’s own that we may have received correspondence or requests, website states: so I will seek advice from my office and provide that information to the member. Methamphetamine … can lead to overconfidence, rash decision-making and risk-taking. Insomnia caused from ice and cocaine use can affect a driver’s reflex and North Richmond supervised injecting facility concentration — Ms FITZHERBERT (Southern Metropolitan) what legal advice has the Andrews government (14:06) — My question is to the Leader of the received to indicate that the state would not be liable for Government and is in relation to the impact of any death or serious injury as a result of a car or a drug-affected individuals leaving the supervised pedestrian crash from an ice-affected driver who has injecting facility. Following the January Rainbow just exited the North Richmond ice injecting facility? Serpent Festival Victoria Police issued a press release stating, and I quote:
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Mr JENNINGS (Special Minister of State) What I can indicate to the house and indeed to these (14:08) — President, Ms Fitzherbert is actually companies is that VicForests has been working with all desperate to try to make a connection between my mills on future timber supply needs over the last week answer and the legal status of these matters as it may or so and that will continue for the next couple of relate to a facility in Richmond, but in fact the same weeks. The timber allocation plan and the allocation rule of law, the same standard, applies to any individual order are close to being finalised and will be released in in those circumstances that she described, regardless of coming weeks. As I have said, contracts were not torn where they may be, regardless of where their car may up — were never torn up — as has been claimed. There be, in the state of Victoria. It is unaffected by being in are optional extensions in those contracts that were not Richmond. It is unaffected by the law and there is no extended due to the impacts on supply, due to fire and change in the circumstances of the police, and any the protected species arrangements that the former sanctions that would apply will still apply before and government put in place. after the introduction of any facility in Richmond. Supplementary question Timber industry Ms BATH (Eastern Victoria) (14:12) — I thank the Ms BATH (Eastern Victoria) (14:09) — My minister for her response. The G6 also raised concerns question is to the Minister for Agriculture. Minister, in about the conflict of interest the Victorian government its open letter to the Premier the G6 group of has between the state-owned VicForests and Australian sawmillers said: Sustainable Hardwoods (ASH), the Heyfield mill, in which it owns a 49 per cent interest. How can you In less than six months your government … has created a guarantee to Victoria’s other sawmillers that ASH has wave of uncertainty and confusion, which has swept away investment and optimism and replaced it with the threat of not got and will not get favourable treatment in the destroying hundreds, if not thousands, of jobs. allocation of Victoria’s native timber resources? Will you guarantee supply to these sawmillers and Ms PULFORD (Minister for Agriculture) remove the current threat to hundreds of eastern (14:12) — I am more than happy to make that Victorian jobs? guarantee. There is a bit of unnecessary scaremongering from the National Party going on in Ms PULFORD (Minister for Agriculture) this industry, but certainly I am happy to make clear to (14:09) — I thank Ms Bath for her question. The issues the house, to the community and to our timber towns around timber supply and the allocation of this resource that all mills, including Heyfield, will be treated equally that this government has been dealing with are issues in terms of the opportunity to meet their future timber that we inherited from the previous government. In supply needs. That is why VicForests are currently terms of some of the prescriptions that were put in place talking to all mills about what their needs are and what that have constrained supply, there are of course, as their future plans are. I will also take this opportunity to members in this place are well aware, also significant remind the house of the arrangements that the resources that have been lost through fire on a number government put in place to ensure that there was no of occasions, most dramatically and significantly the conflict of interest in making Minister Carroll the fires around Black Saturday. The G6 group of timber responsible minister for the Heyfield mill. mills that Ms Bath refers to are a number of mills that have been undertaking some advocacy as a group. School cleaning contracts
I recently visited Fenning Bairnsdale and talked to them Mr ONDARCHIE (Northern Metropolitan) about these issues, which are well known and (14:13) — My question is for the Minister for Small understood. There are some things that are being said in Business. Minister, on 28 March this year in this place their advocacy that are not accurate though, and I will you said in relation to the Andrews government’s take the opportunity to correct the record. It is being school cleaner cuts, and I quote: asserted that contracts have been cancelled and supply that was expected is not forthcoming. That is not the … let us remember and remind the chamber — took this course of action because there was a vast array of rorting and case. Contracts have an extension provision which has taking advantage of employees — not been exercised this time on account of a change in the amount of timber available. I certainly correct I ask: given that you have indicated a vast array of anyone, including Ms Bath, if they are under the rorting of employees, can you please detail the evidence assumption that contracts have been cancelled, because which identifies that these small family businesses were that is just simply not true. rorters and taking advantage of employees?
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Mr DALIDAKIS (Minister for Small Business) Mr JENNINGS (Special Minister of State) (14:14) — In the Book of Proverbs, chapter 27, verse 6, (14:16) — A very smart question, Mr Rich-Phillips, but they say: in fact you have ignored the reality that is identified by the Ombudsman herself in the report: the number that Faithful are the wounds of a friend, but deceitful are the kisses has been identified and paid in full is the outer limit of of an enemy. what the true claim and value of the work performed by I do not acknowledge the member’s right to ask a electorate officers would have been during the course question in this place, and I will take it on notice. of the work they performed in electorate offices. So at no stage has anybody indicated or validated that a Honourable members interjecting. number of $388 000 worth of work was falsely claimed — at no stage has anybody demonstrated that. The PRESIDENT (14:15) — Mrs Peulich, 15 minutes. The government chose, through the auspices of the Australian Labor Party, to repay that money. The Mrs Peulich withdrew from chamber. government, rather than split hairs in relation to this matter, chose to repay the entire amount even though Supplementary question the Ombudsman did not say it was a rort. The Mr ONDARCHIE (Northern Metropolitan) Ombudsman did not prove categorically that the money (14:15) — Minister, thank you, and thank you for your should not have been spent in that way. At no stage was biblical reference in this house. Minister, of the it determined what the net quantum of that amount was, 800 small family businesses that were investigated by and the ALP does not recognise that it was obliged to the department, how many were found to have rorted repay $388 000. It chose to do so, and on that basis the the Victorian taxpayer? government believes that that was an appropriate course for the Australian Labor Party to take. Mr DALIDAKIS (Minister for Small Business) (14:15) — Let me quote from the Book of Revelations, Honourable members interjecting. chapter 20, verse 10 — The PRESIDENT — Thank you. The PRESIDENT — Order! Minister, I think you Honourable members interjecting. made your point in your response to the first question. I find it unacceptable to continue that line of response if The PRESIDENT (14:18) — Order! it is not going to lead to a satisfactory answer to the Mr O’Donohue, 15 minutes. If I say ‘Thank you’, it question and an apposite answer to the question. You means that I expect it to stop. have made your point on the first one, and I have let that through. On the second one, no, I cannot accept Mr O’Donohue withdrew from chamber. that line of response. Minister, in terms of the supplementary question, thank you. Supplementary question
Mr DALIDAKIS — Thank you, President. I will Mr RICH-PHILLIPS (South Eastern take that on notice then. Metropolitan) (14:18) — President, the question did not go to the Ombudsman’s report; it went to the motion Electorate office budgets that was passed in this place on the last sitting Wednesday, supported by the government, which Mr RICH-PHILLIPS (South Eastern called on the government to pay a 25 per cent penalty. Metropolitan) (14:16) — My question is to the Leader The motion that was supported by the government also of the Government. During the last sitting week the called on the government — called on the ALP — to government supported a motion in this house that called repay the full costs incurred by taxpayers in relation to on the ALP to pay an additional 25 per cent of the total the court challenges. This is a motion the government amount falsely charged to the Department of supported, so I ask: will the minister assure the house Parliamentary Services as part of the red shirts rorts. that those legal costs will be repaid by the ALP as you What steps have you taken as minister to ensure that the voted on the last sitting Wednesday? ALP repays that $97 000 penalty? Mr JENNINGS (Special Minister of State) (14:19) — No.
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Electorate office staff minister at that point in time and as a result it has nothing to do with her ministerial duties whatsoever. Mr RAMSAY (Western Victoria) (14:20) — My question is to the Minister for Corrections. Minister, Mr Rich-Phillips — Further on the point of order, Mr Feaver was employed by you as an electorate President, following up on Mr Dalidakis’s comments, I officer (EO) in 2014. His evidence to the Ombudsman would point out that as recently as the last sitting week I was that on the days he worked from your electorate asked Ms Tierney a question in relation to this matter, office he would work as an EO in the morning and a so not all questions have been directed to the Leader of field organiser in the afternoon. Did you give him this the Government and ministers have been asked instruction? questions in relation to their connection with this broader matter. On that basis Ms Ramsey’s question is The PRESIDENT — Can I have a look at the consistent with other questions that have been asked, is question? based on precedent and is in order.
Mr Dalidakis — On a point of order, President — The PRESIDENT — The question raised by the point of order is an interesting question in terms of The PRESIDENT — Can I just read the question? where responsibilities start and finish and retrospective Actually, Mr Dalidakis, why I did not hear the question matters that might involve a previous Parliament or the is that I was just checking and you have taken two conduct of a member who has become a minister but questions on notice. Does that involve a minister in the question put in the house relates to a previous another place or is that within your responsibility, in period. I am mindful that in this Parliament Ms Pulford which case it would be two days or one day. has been asked a similar question about the conduct of an electorate officer in the previous parliamentary Mr Dalidakis — In relation to the first question period and Ms Pulford ventured an answer for the from Mr Davis, President, I will leave that to your courtesy of the house, and I believe there are some judgement. In relation to Mr Ondarchie’s question, I other precedents and further precedents I can recall have accepted to take both on notice and respond as the from previous parliaments when not all members in this minister. place now were here. On that basis I will allow the The PRESIDENT — So it is one day. question to stand on this occasion.
Mr Dalidakis — On a point of order, President, in Ms TIERNEY (Minister for Corrections) (14:25) — relation to the question from Mr Ramsay to my I do thank the member for his question. The fact of the ministerial colleague, it does not actually pertain to her matter is that the Ombudsman stated that members of ministerial duties but rather to other issues, and I do not Parliament involved in the staff pooling arrangements believe that question is in order for that reason. acted in good faith and derived little or no benefit from the use of parliamentary funds in any way. The Mr Rich-Phillips — On the point of order, Ombudsman also made no recommendation that action President, these matters have been the subject of be taken against anyone involved in any arrangement. I questions in this house for an extended period of time participated in the inquiry. I provided documentation going back to when the matters were first raised in and statutory declarations, and I also of course will 2015 and obviously subsequently with the participate in the Privileges Committee. Ombudsman’s report earlier this year. The precedent has been well established that questions in relation to Supplementary question these matters have been answered by ministers to the Mr RAMSAY (Western Victoria) (14:26) — I extent that they are referred to in the report and matters would like to note that Ms Tierney did not answer the relating to them are referred to in the report, and I put to question that I posed to her in relation to the you that on that basis — on the basis of precedent this instructions that she gave Mr Feaver, but as a year and in 2015 — Mr Ramsay’s question to supplementary question I note that the Ombudsman Ms Tierney is entirely in order. finds at paragraph 597 that: — Further on the point of order, Mr Dalidakis … it is clear that Mr Feaver was not performing electorate President, I would point out to Mr Rich-Phillips that in officer duties on all of the days and times recorded in time fact questions have been taken by the Special Minister sheets certified by Ms Tierney from March to October 2014. of State on behalf of the government, as is his duty, but in relation to the question raised, it goes to Ms Tierney The question I pose again to the minister is: why did in a different Parliament when she was in fact not a you sign time sheets for your electorate office staff
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doing party political activities instead of electorate journal Conservation Letters. This article was officer work? thoroughly debunked without refutation by Bradstock and Price in an article titled ‘Logging and fire in Mr Dalidakis interjected. Australian forests: errors by Attiwill et al’ in the very same issue of Conservation Letters. Furthermore, there Mr RAMSAY — That is to Ms Tierney, are dozens of peer-reviewed articles on the topic by Mr Dalidakis, not to yourself. leading academics at the University of Melbourne, the Mr Dalidakis — On a point of order, President, it Australian National University, the University of occurs to me that in the original point of order I did not Western Australia and a number of overseas ask for your guidance because this chamber has institutions, all of which show that logging wet referred the matter to the Privileges Committee. That montane forests in the Central Highlands increases the has been passed. The committee has indeed met, so I risk of bushfire. Minister, why are you ignoring the seek your guidance as to whether this question should weight of evidence that shows logging increases the be put in this chamber while the Privileges Committee bushfire risk for communities located near native has begun but not yet dealt with this matter. forest?
Mr Davis — On the point of order, President, the Ms PULFORD (Minister for Agriculture) fact that the Privileges Committee has a reference from (14:30) — I thank Ms Dunn for her question. The this chamber in no way removes from the rights of government does not ignore evidence. VicForests and members of this chamber the capacity to ask questions indeed the government recognise the community about any matter of public administration or matters concern regarding fire and acknowledge that there are with which the minister is connected. scientific papers about whether timber harvesting affects fire risk. After a regeneration burn, fire risk The PRESIDENT — Ms Tierney has indicated to reduces to less than pre-harvest levels, so there are — the house that she will be quite happy to assist a Privileges Committee hearing into the matters related to Ms Dunn interjected. the motion that was passed by this house in the last Ms PULFORD — Well, you might not like the sitting week. Personally as President I am not in a evidence. You might want to selectively pick your position to anticipate whether or not Ms Tierney will evidence. But what I would indicate to the member is actually be asked by the Privileges Committee to that the government takes very seriously its appear. I am not in a position to anticipate what responsibilities to community safety. VicForests work questions might be put. Indeed at this point I am not very closely as part of our fire management team with even in a position to anticipate whether the Privileges our forest firefighters in the Department of Committee will be in a position to meet. So from my Environment, Land, Water and Planning, and point of view, whilst I think that the matter you raise, VicForests staff and contractors do provide vital Mr Dalidakis, is an appropriate one in what I would equipment and valuable knowledge of Victoria’s forests almost consider a potential double jeopardy position — and indeed firefighting personnel. I think it is an appropriate matter that you raise — because I cannot anticipate the proceedings that might Supplementary question be forthcoming I cannot rule out this supplementary question in my view on this basis at this time. Ms DUNN (Eastern Metropolitan) (14:32) — Thank you, Minister. Minister, can you advise: has your Ms TIERNEY (Minister for Corrections) (14:29) — department or VicForests conducted an analysis of the I thank the member for his question. The fact of the change in risk caused by logging native forests adjacent matter is that I stand by the answer I provided in my to communities, and if so, does this assessment apply a substantive answer. dollar value to loss of life and property and compare it to the revenues from logging? Noojee logging Ms PULFORD (Minister for Agriculture) Ms DUNN (Eastern Metropolitan) (14:29) — My (14:32) — That is a particularly offensive question. The question is for the Minister for Agriculture. Minister, on government does not do economic analysis that 27 March I asked you whether you would consider measures the loss of life with economic activity in the stopping the logging adjacent to the township of Noojee forest industry. given that logging native forests increases the risk of bushfire. In your response in writing you dismissed the Ms Dunn — Maybe you need to. risks by citing a single article by Dr Attiwill in the
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Ms PULFORD — We do not. It is a filthy question, Mr JENNINGS (Special Minister of State) and you should be ashamed for asking it. (14:35) — Ms Dunn knows this is a not a portfolio area of my responsibilities, and in fact I will rely on my Murray-Darling Basin plan colleague the Minister for Water to provide the substantive answer. But she is also aware, because in Ms DUNN (Eastern Metropolitan) (14:32) — My fact she has some sense of history, that I have spent a question is for the Special Minister of State. Minister, lot of my time in public life defending water allocations when the amendment to the basin plan that would have to those forest locations and that river system in the cut 70 billion litres from the water recovery target in the way in which she is actually saying they should be Northern Basin was disallowed by the Senate, your protected, so I understand the importance of Minister for Water threatened to walk away from the environmental protection of environmental flows and Murray-Darling Basin plan. The amendment to the the appropriate allocation of water for that purpose. Southern Basin sustainable diversion limit, which will Indeed the governments that I have been successfully cut the water recovery target by 605 billion litres, will part of — not always successfully but successively part be considered by the Senate during its next sitting of — have actually always protected environmental week. A choice lies before you. Will the government flows, so we do recognise the significance of that issue. side with the Yorta Yorta and other Indigenous clans, How, though, the water allocations come through a anglers and the tourism industry and townsfolk in national series of agreements that provide for the mixed northern Victoria and stand up for the basin plan to use and benefits of the water within the Murray-Darling protect the Murray River, or will the government Basin is one of the most complex policy areas of this continue to support The Nationals, including the New nation. We will try to get through the eye of the needle South Wales water minister, Niall Blair, and their of our expectations. corporate irrigator mates? Firearm regulation Mr JENNINGS (Special Minister of State) (14:33) — I did actually release a laugh because a Mr BOURMAN (Eastern Victoria) (14:36) — My couple of months ago there was potential for the question today is for the Minister for Police, government to proceed with a water bill that would represented by Minister Tierney in this place. The have been able to protect the rights of Victoria, and in Riverman OAF is a firearm that was legally imported fact at that point in time the reason we did not proceed into Australia after being assessed by the Australian with the bill was that there was an unholy alliance Border Force as being a category B firearm, which by between the Greens and the National Party, in relation its mechanical action is the correct category. to their completely mutually exclusive intentions for the Unfortunately according to some it looks nasty. It water distribution outcomes, to unite in this chamber to appears that border force has now changed its stance, knock over that bill. So I laughed because it is ironic not due to the mechanical action but due to how nasty it that you in fact now allege that the government is siding looks, and is now confiscating those firearms despite with the National Party when you chose to side with the having allowed them into the country in the first place. National Party to stymie the passage of that bill. As such, a number have been sold after a permit to acquire had been issued by a state authority. My Supplementary question question is: can the minister confirm whether it is Ms DUNN (Eastern Metropolitan) (14:34) — I Victoria Police or border force doing the confiscation? suggest we all read Hansard and have a look at the Ms TIERNEY (Minister for Training and Skills) debate. I know, I have been away for a week. Thank (14:37) — I thank the member for his question. It is a you, Minister. My supplementary is: the Minister for fairly straightforward question that the member has Water has repeatedly made claims that the purported asked, and as a result of that I will refer that matter to water savings from the proposed sustainable diversion the Minister for Police for a written response. limit projects in the Southern Basin must be given to irrigators. Considering there are no jobs on a dead river, Supplementary question will the government instead commit to recovering vital water to revive and protect the Gunbower, Lower Mr BOURMAN (Eastern Victoria) (14:37) — I Goulburn, Warby-Ovens, Murray-Sunset and Terrick thank the minister for her answer. The hierarchy of national parks? getting a legitimately held firearm is it is firstly imported through the correct federal channels and then the subsequent sale of the firearm is dealt with by the appropriate state. I have been informed that border
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force is writing to OAF owners demanding the has offered to provide written responses to both the immediate surrender of their firearms to border force. substantive and supplementary questions; that is one My supplementary question is: given border force, a day. Mr Rich-Phillips’s question to Mr Jennings, just federal body, is apparently organising the confiscation the substantive question, one day. Mr Ramsay’s or collection of the OAF when it is clearly not within question to Ms Tierney, the substantive and their power, what is the state of Victoria doing about supplementary questions, one day. Mr Bourman’s the usurping of its responsibility? question to Ms Tierney, the substantive and supplementary questions, two days. Ms TIERNEY (Minister for Training and Skills) (14:38) — Again I thank the member for his question Ms Wooldridge — On a point of order, President, and I will refer this matter to the Minister for Police for can I just raise with you that I received a response from a written response. Ms Tierney to a question I asked last sitting week in relation to declarations on the register of interests in QUESTIONS ON NOTICE relation to the $20 559 payment that was rorted, as identified by the Ombudsman. Unfortunately in Answers Ms Tierney’s response she does not even refer to the register of interests and merely gives a very similar Mr JENNINGS (Special Minister of State) response to the one she read out today, and I would ask (14:38) — There are 89 responses to the following that you consider reinstating that question. questions on notice: 10 549, 11 028, 11 220, 11 229, 11 476, 11 492, 11 498, 11 515, 11 521, 11 537, The PRESIDENT — I have given consideration to 11 543, 11 559, 11 565, 11 581, 11 596, 11 821–2, this matter, and I thank Ms Wooldridge for raising this 12 387–8, 12 431, 12 465, 12 467–8, 12 471–2, 12 474, issue with me earlier. I have, as I said, considered the 12 482, 12 519–20, 12 527–8, 12 536–8, 12 547, matter. I will not ask for a further written explanation 12 557–9, 12 561, 12 563, 12 567–71, 12 574, from the minister. I take the view that the Australian 12 576–82, 12 584–94, 12 596, 12 598–9, 12 601, Labor Party repaid the Parliament and it actually was 12 603–7, 12 612–13, 12 618–19, 12 621–3, not directed by anybody else to repay. In other words, 12 629–32, 12 639, 12 641, 12 646–7, 12 654. the Ombudsman’s report and none of the former proceedings actually required the ALP to reimburse that QUESTIONS WITHOUT NOTICE money. It clearly did so out of recognition that there was a considerable amount of public concern about the Written responses matter, but it certainly was not on behalf of Ms Tierney, and Ms Tierney did not derive any personal benefit that The PRESIDENT (14:38) — In respect of today’s I would regard she would need to declare in regard to questions I require written responses to Mr Davis’s first the register of pecuniary interests. So from that point of question to Mr Dalidakis, the substantive and the view I am not going to reinstate that question for a supplementary questions, within one day. I did not have further written response. any difficulty in arriving at that conclusion for the supplementary question. The substantive question I was Mr Rich-Phillips — On a point of order, President, a little bit more concerned about in terms of whether I I just seek your clarification with respect to two should seek a written response, because I did answers which have been provided by the minister this understand that the minister indicated that the decisions afternoon to questions on notice. They are associated with that matter raised in the preamble were questions 11 498 and 11 543 relating to staffing in for a minister in another place. However, the question ministerial offices, and there have been a number of at the same time does go to a broader government these questions that you have reinstated through the policy and it is a policy area where one would expect, if period. In this set of questions the Premier has provided there is a broader government position on these matters, answers; however, the answers are contradictory. In the that the minister in this house might well have been first question the Premier has stated: involved in a discussion on those matters and had some input. So from that point of view I do seek a written As noted in my last response, at 1 July 2017, 120.20 FTE response to both the substantive and supplementary female employees were employed by the Premier’s office. questions. On the other question the Premier has written:
In regard to Ms Fitzherbert’s question to Mr Jennings, As noted in my last response, at 1 July 2017, 129.19 FTE just the supplementary question, two days. With female employees were employed by the Premier’s office. Mr Ondarchie’s question to Mr Dalidakis, Mr Dalidakis
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So there are two answers for the same time period. One lights at Sassafras Primary School? These two promises says 129 staff, the other says 120 staff. Both were by the Liberal-Nationals opposition and Mr Schurink provided today, both for the same time period. Can we come from extensive community feedback and get clarification on which one is actually true? consultation. The question I ask is: will Minister Merlino, as the local member and education minister, The PRESIDENT — I would seek the assistance of copy these important announcements? the Leader of the Government to clarify which of those figures is the one that we should actually rely on. The PRESIDENT — With the form of the question, it is fair enough to indicate that somebody CONSTITUENCY QUESTIONS else has made a promise to do some work, but in the framing of the constituency question I do not think that Eastern Metropolitan Region it is really acceptable to ask a minister to copy someone and provide the action. So yes, the context is fine, but in Ms WOOLDRIDGE (Eastern Metropolitan) terms of the action sought in the constituency question, (14:44) — My question is for the Minister for I think that should be pure. Emergency Services, and I refer to an answer he gave to the house on 3 November last year in response to Northern Metropolitan Region suggestions of serious tensions between the Eltham Country Fire Authority (CFA) career firefighters and Ms PATTEN (Northern Metropolitan) (14:47) — volunteers. In a letter, some of the Eltham volunteers My constituent is a resident of Epping and is concerned described increasing tensions between them and paid about the welfare of the kangaroo population that has staff and said they had created an unsustainable been landlocked by the surrounding developments. On working environment. The minister told the house at 25 July 2017, using a five-year-old piece of advice, the that time, and I quote: Secretary of the Department of Environment, Land, Water and Planning issued an authorisation to cull these Please be assured that there continues to be an effective 400 landlocked kangaroos. My constituent’s question working relationship between staff and volunteers of the Eltham CFA, and that the Eltham CFA maintains a unified is: why has the department opted for a cull when there fire and emergency services. While the site of the former is an alternative available consisting of the relocation of Eltham CFA fire station will not be sold, staff and volunteers the Epping kangaroos to private sites where at least six will continue to remain operating from the one fire station landholders have offered to accept the kangaroos, facility. particularly where those who are prepared to assist in In light of the minister’s announcement on 15 April that the safe relocation include volunteers, veterinary the former Eltham fire station will reopen for volunteers surgeons, experienced wildlife nurses, the Australian and that Eltham will be protected by two fire stations, I Society for Kangaroos volunteers and private ask: what has changed at Eltham to move the landholders? volunteers out of the new $10.5 million cutting-edge station and back to the old Main Road facility, which is Southern Metropolitan Region decades old and has been vandalised while sitting Ms FITZHERBERT (Southern Metropolitan) vacant? (14:48) — My constituency question is to the Minister for Public Transport, and it is on behalf of residents of Eastern Victoria Region Albert Park who have raised with me concerns Mr O’DONOHUE (Eastern Victoria) (14:45) — I regarding the plan currently before council to relocate raise a constituency question for the Minister for two tram stops on Mills Street and develop them as Education, Minister Merlino, and it relates to making ramped tram stops. This issue of course emanates from Kallista Primary School and Sassafras Primary School the public transport portfolio, although there is safer. The minister has partially matched a promise involvement with the local council through planning. In from the outstanding candidate for the Assembly their opinion a more suitable location to introduce electorate of Monbulk, John Schurink, to install accessible stops on Mills Street would be at Danks flashing lights at Kallista Primary School but only on Street, which would serve a wider section of the one of the roads — Monbulk Road. The question I have community, including shops, the high-density housing is: will the minister commit funding to ensure there are at Mills Street–Beaconsfield Parade and flashing 40-kilometre-per-hour lights on Mills Street–Danks Street, other residents, the Mary Kallista-Emerald Road as well as Monbulk Road near Kehoe Community Centre, the Hare Krishna Temple Kallista Primary School, and will he copy John and users of the foreshore. It also would result in no Schurink’s policy announcement to provide flashing loss of on-street parking. The planned tram stop will
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lead to the loss of on-street car parking for 12 to in time. My understanding is that VicRoads are aware 14 residents, and that will also impact on school of this very dangerous blind spot due to the diligent drop-offs and so on opposite, as well as there being the advocacy of local residents. In fact the Geelong potential for flooding. The residents ask: can some Advertiser calls it a death trap and says, ‘Fix this death other alternatives please be considered and advice trap’, but I understand VicRoads is hesitant to put in given? traffic lights at this stage until the sale of some land that abuts the intersection. So my question to the minister is: Western Victoria Region is he giving a very strong directive to VicRoads to proceed with the traffic lights to protect the local Mr MORRIS (Western Victoria) (14:49) — My communities who use this intersection on a daily basis? constituency question is to the Minister for Public Transport. I have had the good fortune to meet with Northern Victoria Region many western Victorian bus operators who are extremely concerned about Daniel Andrews’s plan to Ms LOVELL (Northern Victoria) (14:52) — My compulsorily acquire their assets. The bus operators I constituency question is for the Minister for Public have met with have worked hard to build up their Transport. The people of the Shepparton electorate are business, many over several decades, with generations absolutely fed up with the archaic rail service that of families involved in these businesses, and they travels on the rail line between Shepparton and would like to continue to operate these businesses well Melbourne. Passengers endure carriages without air into the future. They want to continue to do what they conditioning or heating, with ripped and uncomfortable do and not have their businesses ripped away from seating and with waste overflow from the toilets. The them by a tyrannical government. So my question is: rail service endured by the people of Shepparton is will the minister rule out compulsory acquisition of bus simply not good enough. Last month one of my operators’ assets in western Victoria? constituents travelled to Shepparton by train with a prebooked first-class ticket, but there was no first-class Eastern Metropolitan Region facility on the train. During the trip my constituent watched as a female passenger went to the toilet and Ms DUNN (Eastern Metropolitan) (14:50) — My dyed her hair, while other passengers sat on the floor of constituency question is for the Minister for Energy, the carriage drinking alcohol. This is another example Environment and Climate Change, and it is in relation of the sad state of Shepparton’s rail services under the to the smoke haze that has been blanketing the eastern Andrews Labor government. Will the minister advise suburbs for days now, which originated from planned me when new rolling stock that will provide faster, burns. Of those 119 planned burns, 77 have been in safer, more comfortable and more reliable passenger logging coupes, so this has nothing to do with rail services will actually be operational on the rail line community safety. Has the Environment Protection between Shepparton and Melbourne? Authority Victoria conducted an assessment of the health impacts, including increased morbidity and Western Metropolitan Region mortality, caused by the deterioration of air quality in Eastern Metropolitan Region due to the smoke Mr FINN (Western Metropolitan) (14:53) — My emanating from planned burns, and if yes, will this constituency question is to the Minister for Roads and assessment be made public? Road Safety. The minister’s recent announcement of the duplication of some sections of Sunbury Road has Western Victoria Region much of the local community baffled. The problem is that while I have been advocating for duplication of the Mr RAMSAY (Western Victoria) (14:50) — My road for some time, the minister has decided to question is to the Minister for Roads and Road Safety, duplicate the wrong end of Sunbury Road — most of it the Honourable Luke Donnellan. It is in relation to a is already duplicated. The minister’s plan does nothing matter that was brought to my attention by Ms Kelli to ease the traffic pain between Bulla Road and the Finlayson from Ocean Grove. It is in respect of a Tullamarine Freeway, it does not remove the bottleneck serious accident that nearly took the life of Tyler Peace, at Oaklands Road and it adds a giant bottleneck at the who on a motorbike approached the intersection of top of Bulla hill. I ask: will the minister review this plan Presidents Avenue and Orton Street in Ocean Grove or would it be easier to change the name of Sunbury and was seriously injured. This is a blind spot known to Road to Bottleneck Boulevard? residents over many years. It has been brought to the attention of the government and VicRoads, but The PRESIDENT — Mr Finn, could you rephrase unfortunately no action has been taken up to this point the question to the minister — the action that you
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seek — because I do not find that acceptable. To credential the information used to create it is not stored, rename it Bottleneck Boulevard I think demeans what only the record that the customer has an EIC. If the is really a very serious issue that you raise. Could you customer chooses to have an ongoing EIC, then they rephrase the constituency question — just the question can choose to link services in their account to create a part? single view of government transactions for them — that is, the government transactions they have made via Mr FINN — Minister, will you review the plan? Service Victoria. This information is not stored by Service Victoria, rather it is pulled directly from The PRESIDENT — Thank you. agencies in real time and has a high degree of security Mr FINN — God, that is boring. protection, the government says. This effectively minimises the amount of information held by the The PRESIDENT — Quite possibly, but it is still government agencies and with it reduces multiple on the record. potential points for fraud.
Northern Metropolitan Region My understanding is that the electronic identity credential is not a number that is assigned to a person, Mr ONDARCHIE (Northern Metropolitan) but it is a record — and I think even the word ‘token’ (14:54) — My constituency question this afternoon is has been used — that would show, if a person logs into to the Minister for Roads and Road Safety, and it Service Victoria, that they have on a previous occasion concerns the corner of Spencer Street and Dalton Road established their identity to a required level. I in Thomastown, in my electorate of Northern mentioned before that there are different requirements Metropolitan Region. It is a nightmare intersection that for establishing identity depending on the service the had its second major crash on 10 April. In August last person is looking for. For example, renewing a fishing year the same intersection claimed the life of an licence would require a lesser level of identity 18-year-old man. The local residents and the local establishment than renewing a working with children businesses have been calling out for traffic lights at this check. That is my understanding. It is not creating a nightmare intersection for a long time. It is a nightmare unique identity number or anything like that. for pedestrians and for motorists. The council has made many approaches over a long period of time to The government has said both publicly and in its VicRoads to get traffic signals installed at that very discussions with me that people already have identity important intersection. My question to the minister is: papers — for example, copies of their birth certificates will he commit to the installation of traffic lights at this and copies of their drivers licence, and VicRoads, very dangerous intersection? which issues drivers licences, is one of the agencies that will be covered by Service Victoria and by the SERVICE VICTORIA BILL 2017 legislation. Once an electronic identity credential is created and the individual or person has agreed to that Second reading becoming a permanent EIC, up to the 10 years allowable under the legislation, the government will Debate resumed. encourage agencies to destroy the copies of identity information that they currently hold for people. Ms PENNICUIK (Southern Metropolitan) (14:55) — Just before question time I was talking about It is quite a complex notion or idea for people to get the electronic identity credential (EIC) and how it has their heads around, and despite what I am saying and taken some time to get to the bottom of exactly what what the government has said, I think it is incumbent on that is. It has not been well explained in the explanatory the minister to speak on that in his summing up at the memorandum of the bill or in the second-reading end of the second-reading debate and during the speech, so it took quite a lot of questioning of the committee stage. As I said before, I do not believe the government to actually find out what it physically is people of Victoria really understand what Service and how it will be experienced by members of the Victoria is doing and how it is going to keep a record public. that a person has established their identity.
I am going to refer to some questions that I sent to the One of the other issues I raised with the government government and which it responded to. In fact I sent was that many people have been interacting with them nine questions about the bill and they furnished agencies for a long time and have already established me with some comprehensive responses. The answers their identity. It will be people who are turning 18 or are: once a customer has created an electronic identity have turned 18 and want to apply for a licence, for
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example, or someone who is an adult and wants to will be making all their data available in one place. Without a apply for a working with children check and has not VPN (virtual private network) attached to their personal device … access via wi-fi will potentially open the whole of established their identity previously with a government that person’s private records to third parties. The use of public agency who will definitely be caught up in establishing access wi-fi (coffee shops, airports etc.) allows interception of an electronic identity credential. account names and passwords. Banks and similar institutions … are moving to app-based rolling PINs and Another issue I raised with the government was how other similar security methods for transactions of this level of Service Victoria was going to ensure that the person privacy in an attempt to overcome the problems of insecure access routes. applying for an identity was the actual person they said they were. We do have problems in the community Liberty Victoria are concerned about what they call the with identity theft. How will Service Victoria know that creation of ‘a “honey pot” of identifying and tracking the person who is establishing their identity for the first information that lies at the heart of any such time is actually the person they say they are? I think information system’ similar to Service Victoria that is an issue that the government has to address as ‘however well-constructed’. They say that this honey well. pot is made bigger and potentially more attractive to potential hackers because it will constitute the online As I mentioned, under the bill the relevant minister of point of access for the two or three departments which existing service agencies can agree to transfer the most require casual contact — VicRoads, consumer customer service function to the CEO of Service affairs and agriculture, for example — and ultimately it Victoria, but it can also be transferred back to the aims to have all the details of all contact between the agency. As I said, I am not sure why, if the government state and the individual. They say the question that is aiming for a one-stop shop, that provision is actually should be raised is why smaller departments with there. The role of Service Victoria is to perform diverse ranges of interaction need to conform to the transferred customer service functions; develop Service Victoria template when nearly all savings and customer service standards; verify identity — and I efficiency will reside with the high-volume transactions have spoken about that — and perform transferred in a few departments. I agree with those concerns that identity verification functions; and use the electronic they raise. It is one of the concerns I have raised — identity credentials. It will also establish a database to why all departments need to be included with the larger be kept electronically, which may include the departments that most people have contact with, such as following: customer service information, account VicRoads in order to get a licence to drive a car, for information, identity information, electronic identity example, and which probably have many more credentials and credential usage history. This is under transactions with individuals than a lot of the smaller clause 17 of the bill, and it seems in some way to departments do. So there are still quite a lot of questions contradict what the government is saying to me — that with regard to this. Service Victoria is not maintaining information. On the one hand it is saying that the electronic identity In terms of the customer service functions, under credentials are simply information to say that a person clause 22 Service Victoria must not collect customer has established their identity to the level required by service information unless the collection is necessary to Service Victoria and that maybe a token comes up perform any functions or if the individual has given by the agency, for example, that this has been the consented. Any incomplete transaction information case, yet clause 17 allows for quite a large amount of must not be kept for more than 90 days. information to be kept on the database by Service Victoria, which seems contradictory and also opens up Division 2 of part 6 of the bill allows Service Victoria issues of the privacy of individuals and security of to determine the form and manner in which an Service Victoria for the people of Victoria. individual may apply for the use of a temporary electronic identity credential and allows an individual to Mr Rich-Phillips referred to a letter from Liberty apply for the renewal of an ongoing identity credential. Victoria that was sent to the government, the opposition parties and me. In their letter they make the point that The crux of the matter that we are dealing with in this the bill to a certain extent meets the key privacy bill is the privacy of individuals and the need for this requirement to minimise record storage and destroy one-stop shop. As Mr Rich-Phillips pointed out, and as identifiers that are no longer needed. It also says: the government freely admits, it is going to spend something like $100 million on the creation and The government is very keen to promote this as a ongoing operation of Service Victoria. That is an awful one-size-fits-all access. Yet non-tech savvy individuals — lot of public money for something that I am not sure the of which there are a large number — government has totally justified the need for as opposed
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to just bringing the service delivery aspects of the major Service Victoria goes ahead, it can go ahead without agencies and departments up to scratch. It is a very the legislation. Even though the opposition says it is large amount of money which could be spent on other going to oppose the legislation, it is only opposing things, such as, dare I say, public housing, which is an those regulatory functions that the bill provides for but urgent need in Victoria. The government says it does it will not stop Service Victoria from proceeding. I not have enough money for this, but it is going to spend think that does need to be made very clear. The $100 million on Service Victoria. government has said it will continue with the rollout of Service Victoria regardless of whether the legislation It is worth noting that the only other state that has passes. introduced something like this is New South Wales. In New South Wales the cost of Service NSW, as reported As I mentioned, I think the community is somewhat in October 2017, has blown out to $1 billion — sceptical about these issues. In fact I asked for an opinion on the bill from some laypeople. Two of the Mr Morris — A billion dollars? comments I received were, ‘It will create a lot of jobs in IT for a long time’ and ‘It will be an electronic one-stop Ms PENNICUIK — One billion dollars. The New shop that will “go very smoothly!”‘. So there is quite a South Wales government has been blasted by the New lot of scepticism out there with regard to this service. I South Wales Auditor-General for saying that it would think a lot of it comes from people’s experience with recoup these costs. The New South Wales the commonwealth’s myGov website, which is Auditor-General said that the government’s claims that notorious for locking people out of their accounts and it has saved the economy nearly $900 million appear to all sorts of problems that have been experienced. May I have been plucked from thin air. She said that she could say I have experienced them myself when trying to use not find any evidence to verify this and that the that site. That is why that scepticism is there. At the assessment claims that benefits will be derived faster very basis of the concerns we have are the need for it because of Service NSW have not been explained, and and the ability of the government to maintain people’s she rated the likelihood of this as being very weak. privacy. As I said, that is not something that is The other thing to note is that certain offices of Service necessarily provided for by this bill. NSW were set up by the New South Wales Mr Rich-Phillips did talk at some length about the government, particularly in regional centres. A couple model that will be used by Service Victoria — that is, of years later quite a number of them were closed the platform that will be used, how it is going to operate down. Some of the branches stopped operating 24/7 et cetera — and about how it is being set up this way by telephone lines. They only operate them now from 7 in the government and not by the private sector. I am not the morning until 7 in the evening. It has also been sure whether the Greens would be supportive of recorded that 15 fair trading offices were closed; births, outsourcing even more government services to the deaths and marriages branches were halved; and the private sector; that certainly would be a concern. I am New South Wales trustee and guardian offices were not sure I agree with or buy his argument that just also slashed. I would not like to see any of those because it is being set up by this template it cannot be developments in Victoria as a result of the innovative and it cannot be changed in any way any establishment of Service Victoria. more than if it was set up in another way — using a Just going back to the bill, I was speaking about the private sector provider, for example. amount of money, $100 million, that the government In any case I think one of the problems in the bill is that has put aside. I mentioned that in New South Wales that there is a provision under clause 57 for a review of the figure has blown right out, so it is an issue of concern to act and how it is working after five years. I will me that that could happen here as well. circulate an amendment to reduce that from five years The bill will not really have much effect on that to three years, because I think three years is long because Service Victoria has been established, it is enough to see how it is working but also short enough operating and the government will proceed with it to do something about it if things need to be changed whether or not the legislation goes ahead. From the either with the act or with the way that Service Victoria government’s point of view it is saying that the is operating. Under a government amendment the legislation is required to set up the formal arrangements commencement date will change from 1 March this between the CEO of Service Victoria and the year to 30 September this year, so that would mean on departments, ministers and agencies, and to put in place 30 September three years hence a report of the review privacy safeguards et cetera. In terms of whether of the act would need to be tabled. Given this is a new area — it is uncharted territory — I think we do need
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an earlier rather than a later review. Of course the I will have quite a few questions for the government review itself would have to commence some time with regard to this bill in the committee stage, when I before the date when it is due to be finalised and the will also move my amendment to reduce the review report released. I have discussed this issue with the period from five to three years. government and opposition, but not necessarily with all the crossbenchers, and I understand that there is no Mr MORRIS (Western Victoria) (15:20) — I rise opposition to that. I hope that is the case, because I to make my contribution to the Service Victoria Bill think that will be an improvement to the scheme and it 2017. The purposes of this bill are to prescribe Service will put in a safeguard if things are not working or Victoria as a service delivery agency for government going to plan as the government has outlined. and to provide a regulatory framework for identity verification activities by Service Victoria. The only other issue I did want to raise — and I will raise it with the minister in the committee stage — is I note that there is a particular connection with Service about the standards. The bill is a little bit confusing in Victoria and Ballarat, and that is that the government that the second-reading speech says it is not making has announced that if Service Victoria proceeds, some standards mandatory but then in another place it says of those jobs will be placed in the GovHub in there will have to be standards maintained. I asked what Ballarat — the building that the government is telling those standards were, and they were to do with national us it is going to build in Ballarat. However, I think an guidelines which may or may not have to be adhered to important point should be made there about the future by agencies. I think that issue needs a little bit more of that particular building in Ballarat. The view of the fleshing out in the committee stage as well — what are community is quite clear, that rather than having a going to be the standards that Service Victoria operates hodgepodge, a mixed bag, of government departments to and whether or not it will apply those to the agencies. and agencies residing in the GovHub in Ballarat, in that new building to be built on the Civic Hall site in I think those are the issues. On balance the Greens have Ballarat, what should be there is VicRoads. decided not to oppose the bill but to put forward an amendment for an earlier review of the act, but that I was very pleased to join with the then Premier, Denis does not mean we do not share the concerns raised by Napthine, fellow member for Western Victoria Region Liberty Victoria. I think it is incumbent on the Simon Ramsay and many others on that site in early government to better explain what Service Victoria is 2014 when the commitment was made to relocate and how it is going to protect the privacy and security VicRoads to Ballarat. It was broadly welcomed by the of the information of individuals, because I do not think whole community. That was something that everybody that has been well explained by the government in the came together on and said what a good thing it was for very short media releases it has put out saying things the community to have those 600 jobs located right in like Service Victoria: the CBD of Ballarat to help create greater job diversity in Ballarat and to boost the economy of Ballarat. … will simplify how Victorians interact with government Everybody was on board with it, except Labor. when it comes to basic transactions like paying your car registration. I do know that Labor have, belatedly and begrudgingly, This is from a media release put out by the Special and in a much smaller way, got on board with this Minister of State in 2016. It continues: relocation of VicRoads to Ballarat, because just last week when Premier Daniel Andrews was in Ballan Accessing government services and information can be making some sort of announcement he committed to excessively difficult to navigate and costly, with hundreds of bringing 15, maybe 20, VicRoads jobs to Ballarat. phone hotlines and 538 … websites. The total … cost of this to the government is $461 million, and unless we act it’s Mr Ondarchie interjected. expected to rise to $713 million … with no extra benefit to the community. Mr MORRIS — Indeed, Mr Ondarchie, it must be But it must be said that rolling all of these platforms, an election year. He committed to bringing 15 or maybe which the government has said are complex and 20 VicRoads jobs to Ballarat. Now I am not sure if excessively difficult to navigate, into the one platform these staff members will be buying lights for him on is quite a complex thing to do. Assertions by the Facebook or what type of work they will be doing, but government that this will make things better are not it did show a very stark contrast between the two parties really good enough because this is quite a large project that are hoping to form government after the next and it does have a high risk attached to it. election. You could have Daniel Andrews, with his 15 to 20 jobs and a bit of Service Victoria and a bit of a
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few other government departments residing in the new Mrs Peulich — No honour amongst thieves. building on the Civic Hall site in Ballarat; or you could have 600 jobs from VicRoads. The people of Ballarat Mr MORRIS — Indeed, Mrs Peulich, the concerns have been very clear about what it is that they want. that the community have are certainly well founded. I commend the Ombudsman on the work that she did, One of the important parts of this particular piece of but — legislation is about data integrity and trust and the need to ensure that personal information is kept secure and is Mrs Peulich — But it’s not finished. not able to be accessed by people who may want to use — I do note there is a bit more to be that data for nefarious purposes — Mr MORRIS done, Mrs Peulich. Mr Ondarchie interjected. Mrs Peulich — There’s a lot more to be done. Mr MORRIS — You know where I’m going. They may want to do things with this data that they should Mr MORRIS — Mrs Peulich, there are several not. We know in our community how incredibly members, in this chamber and in the other place, who are very nervous because they know they are up to their important privacy is and the need for security of data. Despite the hike in the cost of electricity and the necks in the red shirts scam. They thought they got cost-of-living pressures going through the roof — away with it, but can I just put those members opposite which is something that I hear on a regular basis when I on notice and say we are not going to give up; we will am out doorknocking with our hardworking candidate ensure that every single rorting member of the ALP is named as a result of what we have seen on the rorting for Wendouree, Amy Johnson, who is out there knocking on doors, speaking to people in the of electorate allowances. community and asking what issues they are concerned Just to get back to this bill for a moment, I note its main about — when Ms Johnson and I are out there speaking provisions prescribe Service Victoria as a service to the community we are hearing from them that they delivery agency for government services. It provides are concerned about two major issues: cost-of-living that departments and agencies may transfer service pressures and crime. They are concerned about people delivery functions to Service Victoria and establishes a invading homes — people coming through their homes. mechanism by which, with the mutual agreement of the Members of the community are concerned about Service Victoria minister and the line minister, service keeping themselves and their families safe in their own functions may be transferred back to the line agencies. homes, and they are concerned about actually being What is happening here has been put quite well by able to pay the bills; about being able to put food on the others who have said, to quote them, ‘In short, the table and being able to pay those extraordinarily large government is creating a new website’. That is what we energy bills when they come in. As we approach winter are talking about here. It has also been well put by other we know it is going to get a little bit chilly in Ballarat. members who have said that the government does not We know that the cost of gas and electricity is need a piece of legislation to create a new website. One skyrocketing and putting extreme pressure on must ask exactly what is the intent of the government in hardworking families right across Victoria. introducing this bill. It knows that it could very well, without this legislation, set up a website that could But to get back to the data there, the Andrews government announced a $50 bribe over the service the functions that it says Service Victoria is parliamentary sitting break. It offered $50 to help going to do. I have concerns that there is some people, apparently. To try to buy some votes in the underhandedness, that there are some things that the lead-up to the next election it is offering people $50 if government is not being wholly and solely honest and transparent about, with regard to the establishment of they go online, log onto a website and give over all of their personal information — their name, their address, Service Victoria. their contact details and their bank account details. When these Service Victoria employees, if the Premier Andrews wants these to be handed over. I government gets their way, move into the GovHub in wonder what is going to happen to that information. Ballarat, an important question to ask is, ‘Where are What are Labor going to do with that information once they going to park?’. As we see at the moment this they get their hands on it? After the revelations of the government is slashing hundreds and hundreds of car Ombudsman’s report, there are extreme concerns in the parks from Ballarat’s CBD. They have said they are community about the integrity of this government. going to have somewhere in the order of 300 car parks — there are no exact details — at the Civic Hall
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site in Ballarat once the GovHub is completed. the comments of many other members of this chamber. However, when you take into consideration the Despite the fact that the Service Victoria Bill has been hundreds and hundreds of car parks that they are introduced, it is clear that this is not something that is already planning on slashing in Ballarat’s CBD, this is required. If the government wants to do it, it could do it going to place enormous pressure on the already through the normal course of the work of a government strained car parking supply in Ballarat’s CBD. This is rather than introducing a bill such as this. I am pleased something that I hear about on a regular basis when I to say that the opposition will not be supporting this am out talking to voters in Ballarat, who are very particular bill, and I look forward to the majority of concerned with the lack of car parking in the Ballarat members of this house supporting that position. CBD. Mrs Peulich — Acting President, I believe there is I further note that this bill also establishes a regulatory no quorum. structure for Service Victoria to undertake an identity verification function to provide a single Quorum formed. whole-of-government record for each customer, including standard setting. The concerns — and Mr SOMYUREK (South Eastern Metropolitan) Mr Rich-Phillips in his contribution also rightly raised (15:36) — I rise to contribute to the Service Victoria this — are that when you have a totality of information Bill 2017. The bill and the objectives behind it create a in one place it can be useful and helpful insofar as dedicated agency called Service Victoria, which will set enabling the streamlining of work and interactions with new standards for the delivery of services and enable members of the public is concerned, but there is also a Victorians to more easily access more connected huge risk that this information could be accessed or services. More specifically the bill will enable customer service functions currently provided by the service leaked. Now, what we see is that — agencies to be transferred to the CEO of Service Mr Gepp — By Peter Dutton? Victoria, enable identity verification functions currently provided by service agencies to be transferred to the Mr MORRIS — Imagine if Peter Marshall, the CEO of Service Victoria, establish standards and Labor Party’s friend and true leader, got access to this safeguards to protect customer information, ensure information. One could be quite terrified about what privacy when transacting with Service Victoria and could be done there. It is a very serious concern that if enable the CEO of Service Victoria to set standards for all of this information is stored in the one place it could customer service and the responsible minister to set be accessed by people who should not have access to it. standards for identity verification that will be Once data like this has been breached, you cannot mandatory for Service Victoria and voluntary for the simply take it back. You cannot just say, ‘Please hand Victorian public sector. back that data’. As we have seen with huge leaks of information, such as what happened with WikiLeaks, The bill is about government setting and complying once that information and data are out there you cannot with standards of service we all expect from our daily just claw them back. The identity and the personal transactions with every other organisation we deal with, details of everyday Victorians are being exposed to and certainly the government is no exception in its huge risk if placed in a central repository such as this. It expectations of the way in which citizens interact with is of grave concern to the community, and I think it is and get information from government and government something that the government have been very quiet on agencies. No longer will we accept the current low and something on which they have not engaged with expectations many have for service standards for our the community to have a genuine, open community government agencies. The bill is about continuous debate about whether this is something that the improvement by our government in our aim to improve community wants to see happen. the lives of Victorians.
I note that Ms Pennicuik has spoken of amendments Mr Rich-Phillips — Contentious? that she is introducing. I have not had a chance to peruse those amendments yet, but I look forward to Mr SOMYUREK — No, I said continuous, doing so in the very near future. I do note that this Mr Rich-Phillips. Let me just go back over that, particular piece of legislation has been sitting on the because either Mr Rich-Phillips has trouble notice paper for a long time. I note that there have been comprehending what I am saying or it might be the way I articulate, but I certainly said continuous, and I will various notices that this bill was going to be debated, so I am very pleased that the government has finally seen repeat that. fit to bring it on for debate. I have certainly appreciated
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The bill is about continuous improvement by our 2000 people and research from leading governments government in our aim to improve the lives of and organisations in other jurisdictions. The Victorians, in this case by simplifying what should establishment of Service Victoria responds to our IT already be transactions of paying bills or renewing strategy that prioritises four key areas: reforming how registrations. With around 55 million transactions government manages and opens up its information and taking place with the Victorian government every year, data; embracing digital technology to deliver better residents should be able to undertake them with the services for Victorians; investing in the underlying expectation of a simple, quick and indeed accessible legacy IT platforms and systems; and building the experience. capability of the public sector to adopt and deliver IT solutions. In service delivery this government’s priority has to be providing a customer-focused experience and creating The Service Victoria Bill, together with other recent greater efficiencies through the adoption of innovative important legislation — such as the Victorian Data technology and service-focused, joined-up systems. Sharing Bill 2017 and the Family Violence Protection Governments can quite easily fall into the trap, I guess, Amendment (Information Sharing) Bill 2017 — also of thinking in terms of portfolios and departments, with responds to community safety requirements highlighted priorities and functions being considered in silos, which by the Royal Commission into Family Violence that potentially results in one department operating with a found with respect to this area that effective and high level of customer service and efficiency while appropriate sharing of that information is crucial in others operate at a lower level of standards. That is a keeping victim survivors safe and holding perpetrators trap that this government intends not to get into. to account; that there are a number of barriers that exist Technology and process differ from one department to in Victoria which mean information is not shared as another, making the experience confusing to the end effectively as it could be; and that there is a potential for user. Therefore the need for a comprehensive, holistic, there to be catastrophic consequences when information planned approach through the creation of a is not shared. service-focused agency will ensure that all departments and agencies have new customer service benchmarks to While acknowledging the importance of information aspire to. sharing, what is equally important is the protection of privacy and personal information. The bill strikes a In an era when high-level customer service and access balance between convenience, privacy and security by to innovative and accessible technology are present in enshrining customer choice to the greatest degree so many of our retail and service industries, it is surely possible, setting standards, creating sanctions and a realistic expectation that our government would also enabling oversight and audit of Service Victoria’s treat its citizens as valuable customers through activities. improving their transaction experience. Service Victoria will provide the new high standard in customer The government is committed to rebuilding a first-class service that Victorians expect, with the new agency in public service that acts in the interests of all Victorians. the process of building an online platform that will Through the extensive consultation process that formed eventually become the new place to go for government this bill Victorians have told us that they want their services, an important part of the government’s ICT agencies to be accessible outside of normal business strategy, which was about 18 months overdue when hours and to provide consistent information in the Mr Rich-Phillips was the minister. Or was that the transactions they undertake, and they want to be able to industry policy? view their transactions with government in the one place and to inform just one agency, just once, when Mr Jennings — It could have been any number or their information needs to be updated. Victorians do not all of them. He would sell CenITex. want to be running from agency to agency, from government department to department and from Mr SOMYUREK — And the e-services panel, website to website or to be put on hold and all the rest Mr Jennings. Remember the e-services panel, when of it, which this government does not do, but we do they kept out all those credible organisations and made want to maximise the efficiency with which Victorians it a very restrictive process and brought the whole can gain that information. Service Victoria will deliver industry to its knees in the process? Anyway, I digress. these functions using simple, consistent processes to suit customers. To create a customer service-focused system accessible to all Victorians, government has undertaken extensive In conclusion, at a time when technological research that included consultation with almost advancement has created a First World society that
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actually struggles to participate without digital access the upper house today, just 206 days before the and capability, it is important for our government election. The government allegedly have a plan to try to agencies to lead through the facilitation of high-level provide services to Victorians, and they introduced this digital customer service experiences. It is also vital that after three and a half years in government. It must be an when we transact with government we are confident election year. They have suddenly woken up and that our information is shared for the right reasons and realised that there are some things to be done, so they that our cybersecurity and privacy are protected. think, ‘We’d better get a statement out that we are Service Victoria will become a world-leading model getting things done’. In fact the Victorian public are because of its legislated ability to do all of that and well aware that this is just a ruse — just another ruse. If more. you pick up Mr Somyurek’s contribution today when he said that the government are ambitious about Before I commend the bill to the house I will make a rebuilding a first-class public service, well they sure couple of comments in response — are — just look at the public service numbers. They are rebuilding a first-class public service, and it has taken Mrs Peulich — Acting President, I believe there is them until just 206 days shy of the state election to no quorum present. work out that they need to do this.
Quorum formed. The purpose of the bill is to provide for the delivery of Mr SOMYUREK — Thank you, Mrs Peulich, and government services to the public by Service Victoria thank you, Acting President, for calling me again. and provide a regulatory framework for identity Before I commend the bill to the house, I would like to verification activities by Service Victoria. The main make a few points in response to Mr Gordon provisions of the bill provide that Service Victoria is a Rich-Phillips’s contribution. First, Service Victoria has service delivery agency for government services and passed every high-value, high-risk gateway, most that departments and agencies may transfer service recently gate 5. There is public quarterly reporting on delivery functions to Service Victoria. It establishes a Service Victoria’s costs, delivery milestones and mechanism by which, with the mutual agreement of performance on the Department of Premier and Cabinet Service Victoria and the line minister, service functions website, which is unprecedented transparency over IT may be transferred back to line agencies. I see project management, in contrast to what occurred under Mrs Peulich nodding away. You can see ministers the coalition when they were in government. bunking responsibility here — ‘It’s not me, it’s the Service Victoria minister who will take care of it’. The suggestion by Mr Rich-Phillips that the coalition knows everything about improving service delivery is The bill establishes a regulatory structure for Service absolutely laughable. Before I was making a comment Victoria to undertake an identity verification function to about the e-services panel. If you go back to the start of provide a single whole-of-government record for each 2015 and look at the way they restricted how many customer, including standard setting, and it provides a companies could be on that panel, they went through regulatory framework by which service delivery about five different processes in order to get a standards may be established. procurement panel right — five different processes. Pardon the Victorians who will find this hard to believe. They refreshed, reordered and regurgitated. They went The establishment of Service Victoria was announced through about five different processes, which took by Labor in the 2015–16 budget and it provided about two to three years. Now, for them to sit here and funding of $96.1 million over 2015–16 and 2016–17. lecture us on service delivery and transparency is The Public Accounts and Estimates Committee absolutely — well, surely even hypocrisy has its limits. hearings revealed the project has fallen well behind In terms of accusations of Service Victoria’s schedule. Surprise, surprise! It is now 2018 and they are development — introducing this bill into the Parliament, well behind Mrs Peulich — I believe that a quorum is not schedule, with $58 million carried forward into present. 2017–18.
Quorum formed. The reality is that Service Victoria has floundered over the last two years with a lack of leadership and a lack of Mr ONDARCHIE (Northern Metropolitan) direction. Very little progress has been made in (15:51) — I was so looking forward to hearing the improving service delivery to the public by Victorian wind-up of Mr Somyurek, but sadly we missed out. government agencies. What this bill seeks to do is The Service Victoria Bill 2017 has been introduced into impose an inflexible legislative framework for what
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may prove to be, as is consistent with this government, knows this rorting, cheating, lying government is not a suboptimal way of improving service delivery. We do going to be here in November this year. We know this. not believe a word they say. Centralising service The reality is this is a bill to create a website. They can delivery through Service Victoria will diminish get as excited as they want, but this is a bill to create a individual agency responsibility for service delivery website. You will pardon Victorians if they doubt the standards and lead to blame-shifting between Service government’s capacity to do this as costs overrun and Victoria and aligned agencies in a service delivery projects blow out in Victoria. framework. The Service Victoria Bill 2017, which was first talked Honourable members interjecting. about in 2015–16, has finally seen the light of day on the floor of the Victorian Parliament, and the first thing Mr ONDARCHIE — Gee, it does not take much to that comes to mind is the substantial delay. If this was push the buttons here, does it, Mr Finn? so important — if delivering services to Victorians rather than just the Labor Party was so important — The structure of Service Victoria is not yet resolved, why did it take so long to get here? Why did it take so with this bill proposing it may be either an long to write? And they will add this to the substantial administrative office under the Public Administration revenue stream they have found through the budget Act 2004 or simply a department, presumably run by today, which includes the potential $2 billion sale of the the Department of Premier and Cabinet, and we do land titles office. I wonder how the public servants feel know its track record. about that.
The bill creates an identity verification function for It is not the first time that a bill is about simply adding Service Victoria with a view to creating a similar to the government’s normal jobs growth strategy, which Victorian government record for each customer, linking is adding more public servants. And these are not service delivery by individual agencies back to the one frontline public servants; these are more backroom record. This might raise some privacy concerns operatives designed to support the Australian Labor amongst Victorians about what the government is going Party. Look at today’s budget, which has an 11.2 per to do with their data. I note in today’s budget an cent increase — a $2.57 billion increase up to announcement of a $50 bribe for every Victorian to $25.5 billion — in public service wages. The big hand over their personal details — so, ‘You hand over growth strategy for Victoria by creating things like your personal details under the ruse of looking for a Service Victoria is to add more public servants, so not better energy deal, and we’ll collect all your data’ — only will you as a taxpayer pay for the Victorian Labor and I wonder what will happen with that data. We are Party’s campaign strategy through the rorts of running out of patience with this government. We are electorate office budgets, but you will also pay for the running out of trust in this government, and it is not just extra jobs they are claiming they are adding to Victoria. me. The Victorian public knows it. Once again they just forget that it is other people’s Most provisions of this bill relate to internal money, including $1.3 billion not to build a road, cost government functions which can be delivered through blowouts in everything they turn their hand to and, administrative acts without the red tape and inflexibility again, Victoria’s public service wage bill jumping by of legislation. This is called the Service Victoria Bill, 11.2 per cent in the next financial year. Mr O’Sullivan but I think it should be called the Service to the is shaking his head. It is an increase of $2.57 billion to a Victorian Labor Party Bill because this is designed to total annualised cost of $25.5 billion to pay the public support a party that has rorted the Victorian taxpayers service. Mind you, we are not talking about extra of $400 000. They have taken it out of the pockets of frontline people; we are talking about more back-office every single Victorian to substantiate and support their people to support this. own election campaigns, and their measly excuse is, ‘We have paid it back, and isn’t everything all right Mr O’Sullivan — What do they do? now?’. Mr ONDARCHIE — It is interesting. The Service Mr Finn — What about the million bucks? Victoria Bill says this:
Mr ONDARCHIE — What about the million A Bill for an Act to provide for the delivery of Government dollars — as you rightly interject, Mr Finn — that they services to the public by Service Victoria and for other spent on legal costs to stop this from going to the purposes. courts? The harsh reality of this is that they have been … sprung, they have been busted, and every Victorian
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The purposes of this Act are— cheat and rort just to get yourself elected. I tell you (a) to provide for the delivery of Government services to the what, Acting President, once the guilty party — public by Service Victoria; and Honourable members interjecting. (b) to provide for a regulatory framework for the provision of identity verification functions by the Service Victoria The ACTING PRESIDENT (Mr Elasmar) — CEO. Order! Mr Ondarchie, back to the bill.
Here we are in May 2018 — mayday, mayday, Mr ONDARCHIE — I will pick up those mayday. Here they come with a new bill to create interjections if I may. They will say, they will do and Service Victoria, and do you know what, Acting they will try anything to get re-elected, and we do not President? They have already started the expense. They believe them, because I tell you what — have already started spending money on this. They awarded Deloitte a $43 million contract to integrate the Honourable members interjecting. website for Service Victoria. Now, isn’t that interesting? I think Ms Pennicuik said in her Mr ONDARCHIE — as they look to interject, as contribution today that it does not matter what happens they look to disenfranchise good Victorians, volunteer today, as they are going ahead with it anyway. Surprise, Victorians, we know that once the guilty party, always surprise! The government has no consideration of what the guilty party. is important for the taxpayer, no consideration of what Mr FINN (Western Metropolitan) (16:03) — I was is important in what Victorians want and no going to say it gives me pleasure, but not all that much, consideration for our volunteers across Victoria. It does to speak on the Service Victoria Bill 2017. Having not matter what ordinary Victorians want; it is just what heard what Mr Ondarchie had to say, I have to concur. the ALP and Daniel Andrews want. But I tell you what, It is three and a half years into their term, and they are it is more than that. now talking about services. Labor is now talking about Honourable members interjecting. servicing the people. This is, I understand, about six and a half or seven months away from an election. Mr ONDARCHIE — It does not take long to push their buttons, Mr Finn. So much for holding the line Mr Ondarchie — 206 days. today. They cracked pretty quickly, didn’t they? They Mr FINN — It is 206 days, and here we have the cracked very, very quickly. Labor Party introducing this bill into the state senate to The government have got a physical presence for debate this particular matter today. You have got to ask, Service Victoria. They are awarding contracts for if this legislation is the start — Service Victoria. They are trying to integrate data Mr Leane — Are you going to ask for a pair? systems, and we know when it comes to data systems what this mob are all about. We know that the offer of a Mr FINN — I would suggest, Mr Leane, you might $50 inducement to Victorians to apparently look for a need a pair. better energy deal is nothing more than a fanciful ruse to gather data for ALP campaigning. It is nothing more Mr Gepp interjected. than that, and they will sit there and deny it today and say it has nothing to do with it. They will say they are Mr FINN — I would not say that. Acting President, squeaky clean, but it only takes a red shirt at an you have got Waldorf and Statler over there. Trades electorate office to demonstrate that they know how to Hall on the hill is what it is. rort the Victorian system. They are rorters, they are thieves, they are crooks and they have paid back the Mrs Peulich — On a point of order, Acting money and said to Victorians, ‘Isn’t it all okay?’. The President, there is no person in this chamber who likes analogy is that three and a half years ago they stole the a good interjection more than I do, but silly, stupid brand-new car from Victoria; they brought it back a few interjections are mind-numbing, and Mr Leane has not weeks ago full of petrol and washed it and said, ‘Isn’t stopped for the last half an hour babbling like a little everything okay now?’. lunatic.
How dare they sit there and think that it is okay to rip The ACTING PRESIDENT (Ms Dunn) — Order! off the Victorian taxpayer. But I tell you what, Acting There is no point of order. However, some of that President, it is the form of the Australian Labor Party to language is a little inflammatory. I ask Mr Finn to do whatever it takes, say whatever you want and lie, continue.
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Mr FINN — Yes, indeed, Acting President, it is a The ACTING PRESIDENT (Ms Dunn) — Order! little inflammatory. You are the mistress of the There is no point of order. I remind members of the understatement, and that is impressive. culture of this house and ask them to be very careful about the language they use, because there has been You have got to ask what the government has been some very poor use of language here. I also ask doing for the past three and half years, because it has Mr Finn to return to the bill. had more money than any state government in the history of this state. It is the highest taxing government Mr FINN — I have not strayed from the bill, Acting in the history of this state. It has spent money like it is President, but I thank you for your guidance, very much going out of fashion, and you have got to ask exactly so. As I was saying on the issue of Sunbury Road, this what we have as a result of that. I will give you an is very much about servicing the people of Victoria example of one minister and what he is doing with the because this is something that the people of Sunbury people’s money. It is not the government’s money, it is and Bulla have needed for a very, very long time. The the people’s money, and that is something that the people of Oaklands Junction in Mr Ondarchie’s Labor Party never seems to be able to accept — that it electorate also use this road to get to the airport and to is in fact spending the people’s money. There is only get into town. I do not know what the minister’s one place that the government gets its finance from and department is telling him and I do not know what his that is the pockets of the taxpayer. That is something office is telling him, but they are certainly not telling that Waldorf and Statler might like to take into him the right thing. consideration as they babble on in Trades Hall on the hill over there. If we are going to spend millions of dollars duplicating part of Sunbury Road, the part of Sunbury Road that we I will give you an example of one minister who on the need duplicated is the part between Wildwood Road weekend announced with much excitement that he was and the Tullamarine Freeway, because that is where the going to duplicate part of Sunbury Road. I thought to problem is. What this current plan, as announced by the myself, ‘That’s long overdue’. I have been calling for minister this weekend just gone, will do is produce a the duplication of Sunbury Road for five, six or seven giant bottleneck at the top of Bulla hill, which we do years now. It should have been done probably 20 or not need, I can assure you. It will do absolutely nothing 30 years ago. So I heard that news on Sunday and I to resolve the issue of the bottleneck at Oaklands Road. thought, ‘Luke Donnellan, come on down, you have It will do nothing to stop the congestion at the Oaklands finally got your act together. That is marvellous news’. Road roundabout and it will do absolutely nothing to How wrong could I be? He announced the resolve the congestion on Sunbury Road as it leads into semi-duplication of Sunbury Road. The trouble is that Tullamarine airport. he announced that he is duplicating the part that is already duplicated, which is quite extraordinary. He If the government is spending money on services, I wants to duplicate the road between Sunbury and the have got to wonder if indeed it is spending it in the right top of Bulla hill, and most of that, as I said, is already places. If this is the result it is getting from spending duplicated. Why you would be spending millions of money servicing the people, you have got to wonder dollars providing services to the people of Victoria in exactly how it is going about it. Value for money is not that way I do not know — something that this government has ever cared about, and it is showing it again. Its measure of judgement is Mr Gepp — On a point of order, Acting President, based on how much it spends, not on what it gets for it about relevance to the bill at hand, Mr Finn has but how much it spends. It will say, ‘We spent wandered way off track and furthermore he has referred $20 billion on that’. It does not say, ‘This is what we to a minister from the other place incorrectly. He did got for $20 billion’; it says, ‘We spent $20 billion on not use his title, and the grub should be made to do so. that’. It does not matter to the government what it got for it. As long as it is spending money it does not care. Mr FINN — On the point of order, Acting President, this union puppet over there that we have on Mr Ondarchie interjected. the backbench I will not ask to withdraw because his standards are so low that I would never think about Mr FINN — I should say, Mr Ondarchie, as long as getting down to that point. But the fact of the matter is it is spending other people’s money it does not care. It that we are talking about services. We are talking is really, really good at spending other people’s money. about — Of course in the other place today we heard from the Treasurer, who introduced a budget which is your
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classic Labor budget — tax and spend, tax and spend. bill to provide some context for his contribution. ‘We’ve got money; let’s throw it around all over the Otherwise I would ask you to bring him back to the bill place until it’s gone’. This is what the Treasurer said before the house. today: ‘We have an election coming up in a few months — Mr FINN — On the point of order, Acting President, in referring to the tax in the city of Mr Gepp — On a point of order, Acting President, Melbourne I was actually responding to an interjection if Mr Finn is going to refer to so-called taxes in the by Mr Gepp, who asked me to point out a new tax from budget, then he at least should be factually correct and the government. I was merely responding to his point out to the chamber that the Treasurer announced interjection. If he would like to stop interjecting, then I today a 25 per cent cut in payroll tax for regional am very happy not to respond to him. Victoria. The ACTING PRESIDENT (Ms Dunn) — There The ACTING PRESIDENT (Ms Dunn) — is no point of order. Mr Finn, if you would like to Mr Gepp, that is not a point of order. continue, please.
Mr FINN — As I said, it is a classic Labor Mr FINN — Thank you, Acting President. budget — tax and spend. If Mr Gepp wants to know Government services are obviously important. Some about new taxes, keep in mind that the Premier said on people regard them as more important than others, and television the night before the last election ‘No new some people indeed rely upon them very much to stay taxes’. He looked into the camera and he said to Peter alive in certain instances. What concerns me is that we Mitchell on Channel 7 news, ‘There will be no new as taxpayers get value for money. It is a government’s taxes in this state’. Of course we have only had a couple responsibility to get value for money, and throwing of hundred since that time. away $1.3 billion not to build a road is not giving taxpayers value for money at all. But the one that I particularly object to, the one that I find offensive in the extreme, is the one that the What this Labor socialist government is on about is big government is going to put on people entering the city government. That is their aim, and they regard that as from the west of Melbourne as part of the West Gate the ultimate achievement — the bigger the government tunnel project. I think that stinks to high heaven. It is the more successful they are. The more they spend the just appalling that this government would hand over more they hit the taxpayer for — that is their measure this entire project to a private company that is going to of success. That, I have to say, is not my measure of make many, many billions of dollars out of it and then success. My measure of success is providing services to go as far as putting a tax on people from the western people who need them in a way that is efficient and suburbs, and indeed not just the western suburbs but the cost-effective. That might be something that members west and north of Victoria as well, from Ballarat and opposite can take into consideration: cost-effectiveness Geelong and a whole range of places. Bendigo is and efficiency — something you will not hear another place from where people will use this tunnel to mentioned around the cabinet table of the Andrews get into town. They will be paying a new tax just for the government, because that is something that would honour of entering the city of Melbourne. Now, where probably never occur to them. is the fairness in that? I do not hear, at this point in time anyway, of a tax for people in the east of Melbourne As I go around my electorate that is something that is and I do not hear of a tax for people in the south of pointed out to me so often: ‘When are we going to get Melbourne or indeed in the north of Melbourne. rid of this government that is ripping us off blind, and nowhere near giving us the sort of services that we Oh, here he is. He is going to promise one, is he? He is need?’. I would like to say that it is a good thing to going to promise a tax. Well, I am going to look introduce this bill and to be debating this bill, but why forward to that. Mr Gepp is going to promise us a tax. wasn’t it introduced three and a half years ago? That is what I would like to know. Here we are in the shadows The ACTING PRESIDENT (Ms Dunn) — Order, of an election and now the government is talking about Mr Finn! services. I can only say to the government: the people of Victoria are not stupid, and come November they Mr Gepp — On a point of order, Acting President, I will throw you out. think you have been very lenient with Mr Finn. In his very wide ranging and stupefying contribution he is talking about matters that are completely unrelated to this bill. Could he at least point to some aspect of the
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Mrs PEULICH (South Eastern Metropolitan) vision or the ambition, frightens the jeepers out of me, (16:18) — I rise to make a few remarks on the Service because this government has no track record in Victoria Bill 2017. handling IT projects well, and I think this will be another ultranet. It will be ultranet mark 2, but the Mr Gepp — True to form, you have not skipped a consequences will be much more serious for Victorians. beat. As I said before, the handling of privacy and data is a Mrs PEULICH — No; that is right. When you are a concern. The bill brings in a range of agencies. It schoolteacher, especially in the secondary school defines ‘service agency head’ as: system and sometimes in the most difficult schools — (a) in the case of a public body— the public service body Mr Gepp — What did you do? Head within the meaning of the Public Administration Act 2004; or Mrs PEULICH — I taught English and (b) in the case of a public entity that is a body psychology, which gave me a good basis for coming corporate— the chief executive officer of the entity; or into this place. In addition to that I actually spent a lot of time working in pubs, which does require you to be a (c) in the case of a public entity that is an unincorporated little bit more agile when responding to unforeseen body— the secretary or chairperson of the committee circumstances. managing the affairs of the entity; or (d) in the case of Victoria Police— the Chief Commissioner Nonetheless, to return to the Service Victoria Bill 2017, of Police within the meaning of the Victoria Police Act I guess the vision may be noble: a one-stop shop to 2013; or make service delivery easier, to make it more integrated and to deliver better services to Victorians. It is a shame (e) in the case of a person described in section 4(1)(e)— that person … that the foundation and the track record of this government leaves us with no confidence that in actual So it is going to be pretty pervasive and pretty fact this can be achieved or that indeed there will be the comprehensive. It is going to take in local government safeguards that are required with such a powerful and Victoria Police. It is going to house our health centralisation of individuals’ data in a central database, information data, and in particular Victorians and which this bill authorises or provides a framework for. Australians are very, very concerned about how their In the context of this government’s absolutely dismal health information data is handled. Not only is there failure in protecting data privacy and in the context of potentially information about personal illnesses and so significant concern about the hijacking of data or on, which may impact upon insurance premiums or the information technology systems, the centralisation of ability to get health insurance, but there is also personal information is a very dangerous process in my view information such as sexually transmitted diseases or because it is going to be very difficult to wind back. It mental health data. I do not favour centralising this ends up working as a de facto Victoria card; it is an platform of information where there is so much identity card. personal data gathered into a single framework that can devastate and derail people’s lives. Yes, you can have The government may have tried to mollify or mitigate provisions to deal with mishandling of that data and some of the concerns about privacy by creating single information either through incompetence or through transaction identities, but the bottom line is that it ends some deliberate mischief, but once it is done, it is done. up working as a de facto identity card for Victorians. Now, I would have thought the Greens would have Again, having come from a communist regime, I do not been the last people in this chamber or in this have a lot of faith in governments. Parliament who would have supported the creation of a system that is almost like a Victoria or Australia Ms Pennicuik interjected. identity card. It is absolutely a whisker away from it, and indeed I would like to forecast that in 10 years time Mrs PEULICH — Ms Pennicuik always laughs that is exactly how it will operate, should it succeed. when I raise my early childhood in a communist regime. To me this was formative. This is why I do not We know, for example, about the government’s dismal trust large governments, and I do not believe that handling and development of the ultranet platform. It anything that compromises or diminishes individual was intended only for schools and the Department of power should be embraced wholeheartedly. Education and Training, so it was only a single service provider, and when they all logged in it was all in There are so many questions here. Again, the meltdown. This move, whilst perhaps noble in the government’s vision has been very, very slow to
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unfold. We are now three and half years into its term privacy. There was certainly great potential for this and, as Mr Somyurek mentioned, this is the committee to make a very significant contribution to government’s attempt to rebuild its services. Why? this very important piece of legislation, which I Because they have ignored them. Just think of the certainly hope will go back to the drawing board. frustrations that our constituents have in, say, dealing with housing or dealing with the education department I know that Mr Ondarchie has said that this agency was or dealing with some of the health departments or announced by Labor in the 2015–16 budget — I think it dealing with local government. Just imagine what it is was him; it may have been someone else. The going to be like when you bring them all together. It is government said: going to be mayhem, absolute mayhem. The Service Victoria will create a new whole-of-government government should be fixing up its own compatible service capability to enhance the delivery of government systems — systems that are administered by individual transactions with citizens, enable the delivery of a more agencies but can allow for the exchange of information effective customer experience — under very limited and restricted conditions. That should have been the model that was entertained rather oh yeah — than bringing it all into this centralised data system. and create new distribution channels for simple, high-volume transactions. Mr Gepp interjected. Good luck. I can just imagine that when we all tune in Mrs PEULICH — Mr Gepp wants to engage in on day one it will be in melt down. debate on this legislation, and I would certainly welcome hearing what he has to say. If only he could Mr Ondarchie — Acting President, I draw your put his name on the speakers’ list, we would have the attention to the state of the house. opportunity to actually engage in debate rather than having him attempt to make gibes from the sidelines. Quorum formed.
I am very, very disappointed in the Alert Digest report Mrs PEULICH — I do thank Mr Ondarchie for on this bill. I am sorry, I know some good colleagues allowing me to perhaps attract a few more people to the and friends of mine sit on this committee, but I have chamber, but they have very quickly departed. Don’t never seen a worse edition of an Alert Digest than the hesitate, you have still got a couple of minutes up your one that reported on this bill. There is nothing in it. sleeve. What it basically says is the bill is not an unlawful or Before being interrupted by the call for a quorum, I was inappropriate imposition on the Charter of Human talking about my concerns in relation to the handling of Rights and Responsibilities Act 2006 because there is health information. The statement of compatibility, on legislation. It is not improper, it is legal. But indeed the page 3 under ‘Information handling’, says: Alert Digest report does not raise the concerns of how individual rights and liberties can be negatively The Service Victoria CEO can collect, use and disclose impacted even though it might be permissible under individuals’ personal and health information, identifiers and law. When I was first elected under the Jeff Kennett unique identifiers assigned to individuals to the extent government in 1992 Victor Perton was the chairman of necessary for the Service Victoria CEO to perform customer service and identity verification functions under the act … the Scrutiny of Acts and Regulations Committee, and he was the least popular government MP with the The handling of this information may give rise to a prima Premier because he did a damn good job. Those Alert facie interference with an individual’s privacy. However, in Digest reports on legislation were absolutely each case the interference with privacy is not unlawful because the information handling is either authorised by the outstanding. bill, or by the PDP act or the HR act. This Alert Digest is disappointing. When I reach out for It basically says, ‘Yes, your privacy may well be this Alert Digest to see what concerns were raised about breached. But do you know what? You’ll have no the impact of this legislation on the Charter of Human power, because the bill authorises the chief executive Rights and Responsibilities Act 2016 and the charter of officer to do pretty much what he pleases or she the committee, there was nothing there. There was no pleases’. flagging of how the rights, freedoms and obligations may be dependent upon insufficiently defined Yes, you can complain. There are mechanisms for administrative powers. There was nothing about complaint, but with such sensitive information who can whether there is a possibility for acts or practices to be foresee how it will be used in the future, especially authorised that may have an adverse effect on personal when it comes to things like purchasing health
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insurance, with the centralisation of data and the way it they had to make a number of allocations because it has interfaces? been delayed so much. I want to flag in Hansard how it was announced. It was announced as: The bill also authorises the recording of this information on a database. The interference with Service Victoria will create a new whole-of-government privacy is not unlawful. In addition, the interference service capability to enhance the delivery of government transactions with citizens, enable the delivery of a more with privacy is not arbitrary. Yes, we know, because effective customer experience and create new distribution there is a piece of legislation. It is horrendous, and I channels for simple, high-volume transactions. cannot believe that the Greens are actually backing this. This is absolutely not ready for legislation. Clearly Mr Gepp interjected. much more work needed to be done before this was brought to the chamber and before this Parliament gives Mr RAMSAY — Now, Mr Gepp, that sounds like this proposal its stamp of approval. administration to me. We know since the Andrews government came to power there has been a significant As I said before, there is incompetence on the part of increase in the public service. In fact Mr Ondarchie, my this government in the area of the management of IT colleague, has very adeptly described the significant projects — ultranet is a great example — and in the financial pain that you and your government will wear, area of the handling of privacy information and data. Mr Gepp, when you do not have Snowy Hydro to sell, There is so much evidence that it scares the jeebies out you do not reap $9 billion of proceeds from the lease of of me. Also there is the potential for hacking and the Port of Melbourne and you have a very slim surplus unlawful use of information, but in addition to that I of $1.34 billion, which is tiny in terms of the total think the centralisation of information will ultimately budget revenue and expenditure. When you do not have work against the individual. So with those few words I any state assets to sell and you have got a public service would urge the minor parties to vote this bill down. bubbling away at over $3.6 billion of additional costs each year to the budget, you will find yourselves in all Mr RAMSAY (Western Victoria) (16:33) — I will sorts of pain. I suspect, if you were to win government give a brief contribution to this bill given there has been at the next election, you would find that you have to a considerable amount of debate. The bill, as has been make significant inroads into reducing the public suggested by my colleagues, is to prescribe Service service expenditure. Of course we know that you will Victoria (SV) as a service delivery agency for not, because the Victorian public are very aware of the government and to provide a regulatory framework for smoke and mirrors budget figures that you have identity verification activities by Service Victoria. The presented today in respect to a very small surplus first question I asked when I read the purpose was why. compared to a significant increase in public service. Why would you want to create a legislative instrument when you can actually do it quite easily with some This is not about public service delivery; this is about changes in the way that the administration is done? increasing the public service because of all the deals that you made through all the enterprise bargaining Mr Gepp talked about transparency, which I had to agreements (EBAs) with some of the public service have a bit of a giggle at, given that he and Mr Leane authorities. I can quickly refer to paramedics, teachers seemed to be the Laurel and Hardy act this afternoon, in and, only recently, firefighters, and their EBAs all that it does exactly the opposite. This bill has been a increase the costs by creating more public servants and sleeper since 2015. It has been around so long in the more expenditure. It is really quite frightening in fact summer that it has actually become flyblown in the what has been happening in relation to the increase in transition. Mr Jennings calls it a bill that has been the numbers of public servants but also the significant cautiously progressing, as distinct from the Public increase in cost to the public service. I reiterate again, Accounts and Estimates Committee, where it was said because I think I will be saying this on the other side of it has been hindered by delays. I love Mr Jennings’s the chamber next year when we talk about how you terminology because he has always been the have actually compromised any budget surpluses going understatement minister. In fact he should be the forward and made our task much more difficult when Minister for Understatements, I believe, apart from the we are in government after 24 November 2018, that we many other portfolio duties that he has. will be dealing with significant potential debt from the four years of the increasing costs of the public service. The bill has been more than cautiously progressing; it has been dumped, stopped and delayed, and it has I would also like to note that in the 2015–16 budget, finally raised its head in budget week after being when this piece of legislation for a new regulatory announced by Labor in the 2015–16 budget. In fact framework for public service provision was announced,
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there was funding allocated of $96 million over the sitting on what is now the skate park site. It will sit years 2015–16 and 2016–17. Now, because of the adjacent to a very old civic centre that has gone through delays and, if I can use Mr Jennings’s words again, a number of growing pains in relation to how best to cautiously progressing legislation, in fact $58 million of deal with that building. that $96 million — over half — was actually carried over into the 2017–18 year, so this sleeper bill did not The bill seeks to impose an inflexible legislative get any sort of confidence from the government in framework for what may prove to be a suboptimal way respect to establishing this legislation or even of improving service delivery. I expect that is why there presenting it to the house. In fact, as we know, the has been a lack of any sort of excitement or confidence. report date of this legislation was 8 November 2017. It In fact this legislation will provide the sort of public went into the Assembly on 15 November 2017, but service delivery that was not its aim. Service Victoria is here we are in the Council on 1 May, so there was supposed to centralise service delivery, which will obviously no urgency from the government to have this diminish any sort of individual agency responsibility bill done and dusted even before the end of last year. for standards and lead to blame-shifting between Service Victoria and the line agency for service We also note SV has floundered over the last two years delivery failures. due to a lack of leadership and direction and that little progress has been made in improving the service I am not even sure whether we know what the structure delivery to the public by Victorian government will be in relation to this proposed new regulatory agencies. Mr Morris indicated the speed of progress and framework. It is not clear. We do not know whether it is the promises made to create a GovHub in Ballarat. As going to sit under the Public Administration Act 2004 we know, the coalition promised that VicRoads and its or the Department of Premier and Cabinet. No-one 700-odd associated workers would be transitioned to really seems to know; no-one really seems to care. Ballarat. We now see the government has done a total backflip and given that the flick, just like it did with the The bill creates an identity verification function for SV. east–west link, and we know about the $1.3 billion We know this is just Morse code for data collection in a cost — for something that was not going to cost the sort of quasi website, but that is fine. No doubt taxpayer any money! — of that decision. They now Mr Gepp and Mr Leane will enjoy the fruits of that data collection to run yet another rorting red shirt campaign want to create a country roads board (CRB) for Ballarat to placate Mr Purcell and his potential vote that might in this 2018 election. No doubt we will have yet another come along on a fire services bill or some mutation that Ombudsman investigation into the way they run their the government might provide to the Council in the election campaign. I am sure Mr Gepp’s name will be next sitting week. So the government will give added to the list alongside Mr Leane and Ms Tierney and all the others who were named in the Mr Purcell a bit of a rub on his back and just see if it can garner his vote on a couple of the bills coming up Ombudsman’s report for rorting, fraud and corrupt by saying, ‘That was a good idea. We’ll have a CRB in behaviour. We look forward to that. SV will no doubt Ballarat. We’ll call it Regional Roads Victoria and it’ll be notorious in the future as merely being a vehicle to sit under VicRoads. Let’s just create a little bit more provide some names and addresses for the Labor Party bureaucracy, a little bit more administration and a little to be able to use in their election campaigns. bit more cost to the taxpayer by creating another Most of the provisions in the bill relate to internal authority. To do what? No-one knows’. government functions. I am sure that, given the number Then we heard about the GovHub. Ms Pulford talked of advisers in the box who have obviously had some responsibility in the drafting of the bill, the ministry about the wonderful things that a GovHub will do for Ballarat. As we know, we have the Glasshouse, which part will be the most expensive part. I am sure we could should have actually been bulldozed 20 years ago. That have done that without creating a whole new piece of is absolutely jam-packed full of bureaucrats and legislation and a new regulatory framework that will different government agencies who, I understand, will not improve any of the public service provisions, which either be invited to retire gracefully or be given some as I stated was the purpose of the bill. sort of relief extermination benefit. They will be Regarding consultation with industry stakeholders, I transitioned into this new government building called gather there was no consultation, or if there was there the GovHub. I suspect Mr Jennings will not quite have was very little consultation. We expect that that is why the courage to realign the civic square into a pile of this bill has taken so long to surface in the Council, as it bricks and create a wonderful new building that the obviously does not have the support of any of those whole of Ballarat can enjoy. I am digressing a bit, because I understand the GovHub site will be basically
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stakeholders who may well use or benefit from the Service Victoria is a delivery agency for the service provision. government services.
This bill has been hanging around since May 2015. It Information is important, and information for the public has had a bit of money thrown at it. They could not and the public use is important. People often — spend it that year so they threw it into the next year’s regularly — feel that there is too much information budget. They still hummed and hawed about it. It went floating around out in the public domain that through the Public Accounts and Estimates Committee. governments have access to. In fact this bill creates The ministers could not really respond to questions another layer in that system. It also means we will have about what the hell it was supposed to do and why we an identification number that we will all wear if we were actually creating new legislation for it. They are want to get into the system and access a service via still not clear. We know we have a burgeoning public Service Victoria, and I will talk a little bit more on that service that is costing the taxpayer billions of dollars. later on. We know now that with very few state assets able to be sold they could well be in significant financial trouble The bill will enable departments and agencies to in the next budget with this expenditure going on. We transfer information and deliver functions to Service know that that will result in new taxes or an increase in Victoria. It is supposed to establish a mechanism by current taxes. We know that we will go into more debt. which, under the mutual agreement of the Service We know that it does not really cover off on those Victoria minister — and we are yet to understand who things that the community are interested in, and they are that will be — and the line minister, service functions the cost of living, public safety and transport, may be transferred back between the line agencies. It particularly for regional Victoria. already sounds like we are looking at a case of, from my old era, Yes Minister, and in the more modern era, We know there has been very little transparency around Utopia. It sounds like different departments will this bill. Creating a central service delivery agency is continue to have discussions with other departments high-risk. We expect that that is why ministers and the and then there will be a number sitting there with cabinet have been nervous about progressing this with ‘Service Victoria’ at the top. When Service Victoria any degree of competence and confidence. It is a was announced way back in the 2015–16 budget it was complex and expensive way to provide digital service heralded as a bit of a cure-all, but I doubt that it will be. delivery. The government has failed, as I said, to The government has said: undertake any broad public consultation, so there is no confidence outside the public service area that this Service Victoria will create a new whole-of-government service capability to enhance the delivery of government actually will deliver what it is supposed to deliver. transactions with citizens, enable the delivery of a more Finally, it is largely window-dressing. It is just a efficient customer experience and create new distribution regulatory framework which is complex. It really does channels for simple, high-volume transactions. not provide functions other than providing some administrative arrangements that could be done in It sounds like, ‘Here’s a ticket, get out of jail; it will another way. So the coalition has no confidence that cure all’, but I have concerns around that, noting the this proposed legislative framework will do what it is government’s previous track record on ICT and supposed to do, and in that respect we will oppose this web-based projects, and I will delve into that in a little bill. while.
Ms BATH (Eastern Victoria) (16:47) — I am Service Victoria was supposed to cost $96.1 million. pleased to rise this afternoon to provide my contribution That is what was provided for over the 2015–16 and on the Service Victoria Bill 2017. I note previous 2016–17 budgets. But we have heard recently, through speakers have said that this bill has been kicking around the Public Accounts and Estimates Committee, that for a number of months. The idea for this bill actually already the project has fallen behind schedule. We are started back in 2015. So here we are. It is like a long, debating it now, in May 2018. Also $58 million of that drawn-out piece of string, and we are finally reaching budget was carried forward into last year’s budget. It is the point where it gets to be tied off today. supposed to increase efficiency. It will put another layer between personnel, constituents — people who need The purpose of this bill is to prescribe Service Victoria direct and good service access — and departments, and as a service delivery agency for the government and to I do not see how it is going to create efficiencies. provide a regulatory framework for identity verification Rather it is going to create more headaches. I think it is of activities by Service Victoria. The bill prescribes that going to create more red tape. I have not heard any really concise argument as to how it will part the waters
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to provide clear access for various constituents with Ms BATH — I think that may have been around the their issues. time that we won the America’s Cup. The aim of that, I guess, was to deal with tax fraud. That was his Often people come into my office — and I am sure this supposition — that it would help with tax fraud. But I is the case across both sides of Parliament — who are know that in my community, my household, my family entirely frustrated with departments. They are at their circle and my town it just felt like Big Brother was wits’ end from either ringing and getting a message or approaching. It took a number of years for it to finally being asked to go via the web and just not getting the be knocked on the head. It certainly was a concern, and attention that they need in a reasonable time — or the it raised the same question — if this is implemented, in attention that they need, full stop. In my recent dealings what type of detail will the government be able to look with foster care families I have certainly heard that that at, trace, understand and see into our lives? All of us is so much the case. These very reasonable people should be fine, upstanding citizens, but we also need to doing a great job for this community and this state — be private and have our privacy upheld. Creating this looking after vulnerable children — need to be central service delivery agency, as has been identified reimbursed for the services they undertake. This is not a by Mr Rich-Phillips, is certainly a high-risk, complex money-making scheme; it is reimbursing them for and expensive way to implement these services. providing nutrition, care, love and support to these young children. They are often not paid on time and are It is interesting that there is a common theme of lack of not provided with the courtesy and dignity of having consultation by this government across the board. In the good communications with, good access to and a good Country Fire Authority in my patch — Eastern Victoria response from various departments. I am not blaming Region — they are still filthy that the government did any one particular person in the departments — I think not consult on the Firefighters’ Presumptive Rights it is a systemic thing — but I certainly know that these Compensation and Fire Services Legislation good people are getting turned off from providing a Amendment (Reform) Bill 2017. They did not have service that benefits our community and our children proper consultation. They rammed it down their throats because they do not have proper access and after the event — after it was on the table. communication. Agencies might work very well and they might be working hard for their clients, but often We also see that Labor’s track record on ICT projects is somehow in the mire of the department good appalling. Indeed back in 2011 the Ombudsman communication falls over and people are highly released an own-motion investigation that covered so frustrated. many of these projects. The report is titled Own Motion Investigation into ICT-enabled Projects. There is a list Another question around Service Victoria that has not of 10 different ICT projects that were failures, that cost been resolved is how it will be structured and indeed — money but did not come up with the goods. I want to there is no clear definition around this — whether it look at a couple, and one specifically. The projects will be an administrative office under the Public were: Link; HealthSMART; Myki — don’t we all Administration Act 2004 or part of a department, remember Myki, it just felt like we were topping up the including the Department of Premier and Cabinet. coffers all the time after disaster after disaster, and There is no real clarity in this bill. indeed we had to fix it up finally when we came into government; RandL; the client relationship information The idea is that you can register and pay with an system, which we also called CRIS; the ultranet — I account. Again, you would have to provide this identity will talk about that because I had a personal experience verification number to pay your car registration, for with that particular ICT platform; the integrated courts example. I have heard from constituents when having management system; property and laboratory conversations around this and doing some research on management, or PALM; HRAssist; and the housing this that they are concerned about that identity integrated information program. verification, because it would create a single Victorian government record for each person who links into that These were all Labor government initiatives, Labor service. It reminds me of something from my government projects, that were failures and that the childhood, which is the Australia card debate. I think Ombudsman of the time, George Brouwer, happened to Mr Hawke was going to create an Australia card. want to investigate and make recommendations as to Whilst I have a vague memory — why this should not happen again.
Mr Finn — It was 1983.
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In relation to the ultranet, in the Ombudsman’s report The other thing that I find galling and just so there is a summary of issues that he talked about, and I unnecessary in these sorts of razzamatazz Labor Party will just go over a few. He said there was: events is that at the Melbourne exhibition centre they had what we can call a casino floorshow to deliver it. Inadequate up-front planning and a general disregard for This was not necessary, it did not serve schoolchildren, industry and gateway advice resulted in a failed tender that cost around $5 million — and in the end the project was a failure. I can remember that on the date we were to implement it all the students wipe that off the table straightaway — stayed away, so they missed out on a day’s schooling, and the whole state was to be engaged in the process. and set the project back by a year. But by 10.30 in the morning there was the realisation Indeed the report says: that the system had crashed. You cannot put hundreds and thousands of staff on a system when it does not It is concerning that such a flawed business case was work. Interestingly it disappeared into the ether. presented to the cabinet budget committee. Whatever those good ideas were, they did not happen.
Well, it was, and not only was it presented, but it went What happens now — and I will give you an example for years and years, costing millions and millions of of the school I left three years ago — in Mirboo North dollars. Secondary College, which is very similar to many other The report also highlights that there was concern about: fantastic country schools, is that it uses an off-the-shelf program called Compass. It does not have the scope of the high degree of uncertainty over the scope and supporting the ultranet, but it certainly delivers a great asset, costs for the project; managed by the school, with communication from the business and with business backup and support, and it the disconnect between the benefits expected and the scope of the project … is a great web management system that can interact with lessons and students and parents et cetera. This is Before finalising the request for tender, the department an example of what can happen when the government sought industry feedback right at the end on this gets it so wrong. proposition. The department also received feedback from 18 different companies. This is what a couple of Finally, I will refer to the common themes that occurred them said: with those 10 business ventures that went belly-up. Business cases were not updated, and some of them the timeline was too aggressive — were absent altogether. The government just cannot handle these large base digital platforms, as I have they wanted to achieve too much in too short a space of indicated. I am concerned about the identity verification time. We now know it dragged on. They said: of activities and that there has been no consultation. the budget was insufficient — The government has a poor track record. This will add layer upon layer. The Nationals will be opposing this we now know that the budget ended up being bill. massive — Mr O’SULLIVAN (Northern Victoria) (17:03) — I the scope of the project was not clearly defined; am pleased to rise to follow on from my colleague integration with third-party applications could be Ms Bath, a member for Eastern Victoria, and her very problematic — articulate contribution on the Service Victoria Bill 2017. The 2017 in the title must be a typo; I am and it certainly was problematic. sure it must mean 2018, or perhaps not. As we have heard before, this is a bill that has been sitting on the Ultranet was going to be a revolutionary tool for state schools, and to be fair there were many good notice paper for some 12 months or more. possibilities with that. They looked at having a positive Mr Finn interjected. interaction with students in relation to curriculum, so staff could put on their great lessons and share them. Mr O’SULLIVAN — Mr Finn is right when he That is a great idea to enable communication between says that that is not something new or unique in this staff and students, staff and parents et cetera. But what chamber. Just about every piece of legislation that we now know is that it actually cost $240 million. It comes before this chamber now has 2017 after its was supposed to cost somewhere around $100 million, name. It would be nice to actually get to debate some then it went up to $160 million, and then $240 million. legislation that has been drafted and brought into this
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chamber this year. That would be a unique idea. It Mrs Peulich has would have seen this a thousand times, would not be a bad idea for the government to try and where Labor Party members want to do the best that start there so we can debate some legislation that is they can but they fail themselves and they fail the relevant to what is happening this year rather than Parliament, and we have seen a hundred times that they something that was thought of several years ago and have failed the constituency of Victoria. I have brought into the Parliament last year which we are digressed there a bit, so I will come back to the bill. finally getting around to debating in the middle of 2018. This bill is obviously about the delivery of services for I wonder why we are debating this legislation today. It the people of Victoria which would be run by the state is budget day today. Everyone has been running around government and provided by Service Victoria — SV with the budget. I must say it has been a fairly for short. When you think there are no new ways of underwhelming budget by all accounts, but it is bringing in a new bureaucracy to make people’s lives interesting that the government in this chamber has more difficult in terms of their interactions with sought to debate the Service Victoria Bill 2017 on government, sure enough we see the government bring budget day in 2018. I am not quite sure why it has done in a new bureaucracy called Service Victoria, adding that. another layer of bureaucracy.
It seems to me that this is one of those pieces of Whenever you talk to people on the street about their legislation that the government has just wanted to throw interactions with government, you hope that their into the mix to get it out of the road because it is not interactions with government are pleasurable. It is really committed to it. It has been sitting on the notice obvious that if somebody wants to make contact with paper. As we know, the notice paper is very blocked up. the government, they want to do it in a way where they There is legislation that is very slow getting through can obtain the information that they are after. They may this chamber. The government is unable to organise have a bit of a problem that they need to sort out, they itself well enough to get legislation through in an may be trying to access some information, they might efficient and timely manner, so I find it strange that this be trying to access some service or they might be trying is the bill that we are debating today, budget day 2018. I to access some funding from government for a whole thought we might have been debating something that range of worthy causes. What we are finding is that this was a little bit more relevant or contemporary on is just another layer of bureaucracy. I think the best budget day 2018. However, on this side of the chamber intentions are there in terms of trying to make it easier we can only deal with the legislation that is put before for constituents to liaise with government, but you do us, and today we find ourselves debating the Service not make it easier to interact with government by Victoria Bill 2017. putting in another layer of bureaucracy. That actually has the reverse impact in terms of the way you go about Be that as it may, we will not be on this side of the it. chamber for very much longer. We will be over on the government side of the chamber, where we will get to I remember a famous speech that was made at a Senate make the decisions on which bills get debated, and estimates hearing. If you want to YouTube it, it was by certainly we will be much more contemporary in the Kerry Packer in relation to his dealings with the way we go about running the Parliament to ensure that estimates committee. The crux of his speech — his legislation gets through in an efficient and timely comments — are in relation to taxation, but there is one manner and that we do not have to jump all over the part of the speech that I remember very fondly in terms notice paper to pull pieces of legislation out of the of bills coming into Parliament. He made the point that bottom drawer and try to get them through the for every new bill that a government brings into Parliament in a rushed manner. Parliament, they should have to rescind an old bill, because what we tend to do in parliaments is bring in Ms Crozier interjected. new bill after new bill after new bill, but we do not seem to get rid of many bills out the back. Mr O’SULLIVAN — Ms Crozier is right in saying it is not very difficult to manage a business program to What we are doing is just adding new laws, new actually get the legislation through, but this regulations, new areas of accountability to the lives of government, as with many things that it does, seems to the poor old person out on the street who is just trying be able to find a way to stuff it up. I am not sure to get by, just trying to feed their family and just trying whether they try to do that on purpose or whether it is to go about their own business without the interference something that just comes naturally to them. I guess of government. Yet we find new pieces of legislation some people who have been here for as long as such as this one, which just adds a new layer of
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bureaucracy, adds more red tape and just makes it my surprise 10 or 15 minutes later the phone rang back, harder for people to do business with government. It is the person picked up the phone and they were placed all very well to say, ‘But this will make it easier’. You back into the queue in the same position they were do not make things easier by adding another layer of without having to wait on the phone for that bureaucracy. This would be a better piece of legislation 15 minutes. They had another 2-minute wait after that if it removed two pieces of bureaucracy on the way before they got to a customer service representative and through, to the point where there would be less were able to have their concern heard. interaction with government in terms of trying to get your objective rather than having to go through an extra There are some things that can work from time to time hoop. in terms of making that customer connection actually work, whether it be with a government service or a One of the things that I find annoying — I am sure that significant agency service. I am not in support of a everyone in this chamber would have been in this bloated bureaucracy. We are getting to a point where situation from time to time — is when you ring up a we see that the way this government goes about its bank or a major government agency or so forth to try to business is that if there is an option to create a new obtain some information. You reach one of those layer of bureaucracy, if there is an option to create a automated telephone services with instructions to press new agency or if there is an option to employ a heap of 1 for this service, press 2 to do this or press 3 to do that. new public servants, they think that is an absolute You keep getting a list of numbers that you have to best-case scenario. press so they can try to pigeonhole your requirement and get you the proper service. The world does not The public service that we have in Victoria is work like that. It just does not work to the point where world-class. They are world-leading in what they do, one simple pigeonholed response by the press of a but at times you wonder what they all do. There are a button on a phone will bring you the answer that you hell of a lot of them and they sit up in their ivory require. towers — in their big tall towers in the CBD. You would think, with all the public servants that we have It is very frustrating, and quite often you get through six working on behalf of the constituents and the layers of questions where they have told you to press government and so forth, that the services you get from this button if it is relevant to you, and yet when you get government would be first-class, but unfortunately that to the end of it, none of those previous options are is not always the case. At the same time the actually relevant to the inquiry you have with the bureaucracy and the public service do a wonderful job government, the bank, the taxation office or any of a in a whole range of areas, and we thank them for the whole range of them. The automated system gives you work that they do on behalf of our community. about 1 second to make up your mind, and if you However, there are times when you just want to get a cannot make up your mind, the system will hang up on simple piece of information from bureaucracy and you you. That is after you have been waiting on the phone have to go through websites or automated phone for 35 minutes to try to get through to actually sort out services or whatever it might be. the issue that you want. Usually when you get to the point of having to contact Mr Dalla-Riva interjected. government to work through an issue that you have got — because obviously you are doing something in Mr O’SULLIVAN — Yes, it is a personal your personal life or you are doing something in your experience, Mr Dalla-Riva. It is quite frustrating. What business life that has hit a bit of a roadblock and you happens is that you put your phone on speaker, you are looking for an avenue where you can just get wander off somewhere and all of a sudden someone through that roadblock so you can continue on with jumps on the line and you have not had the time to get what you are doing in your personal life or in your back to phone so they hang up on you and you have to business life — you think, ‘I just need this to be sorted start again. It is one of the more frustrating things that out by government or government services or the you can do. bureaucracy’, but you get left on hold for half an hour or you get sent to a website which does not quite take I had an experience just recently where someone was you to where you want to go in terms of the unblocking on hold to access a service and there was an option that you need. I am actually in favour of having the where, if you pressed 2, you would remain in your old-fashioned operator on the other end of the phone position in the queue and they would ring you back who can direct you directly to where you can get your when it got to your turn in the queue. I was very service provision fixed. I think that is probably dubious as to whether that would actually work, but to
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something that we should do a lot more of rather than Victoria and provides for a regulatory framework for just setting up a new website. the provision of identity verification functions by the Service Victoria CEO. This government is very good at setting up websites. If all else fails, you have a review and you set up a As members have reminded me in their contributions, website. We have seen that just in the last week or so in when it comes to setting up an agency that is to be the lead-up to the budget. We have got a situation dealing with the ease of IT services, Labor governments where the cost of living is rapidly expanding. It is have a very strong track record of failure in this area. becoming very expensive and it is difficult for the Mr Rich-Phillips, who has carriage of this bill for the average family to cope. We see Michael O’Brien in the opposition, knows this only too well because when he other place saying that electricity prices have gone up became minister in 2010 he had to pick up the mess by $300 just in the last year. How does this government from the former Bracks and Brumby governments and go about trying to ease the pressure of electricity prices, their extraordinary failures in ICT projects. He did a ease the pressure of gas prices and ease the pressure of very good job of fixing up the mess that he was left taxes right around the government? They set up a with, might I say. The former Ombudsman, website and offer you $50 to go there to register your Mr Brouwer, and the former Auditor-General have also name, put down your phone number and put down your highlighted the massive failings in the various projects. email address. It might sound simple, as this government says in a Ms Crozier interjected. media release spruiking Service Victoria being another step closer to giving the community easier access points Mr O’SULLIVAN — One thing that I thought was to government services, but in actual fact what is being very interesting was the quote from the shadow created is another level and layer of bureaucracy where minister, who said it was like putting a bandaid on a government departments, of which there are many, and broken leg. You do not fix people’s cost-of-living government offices of those various departments, of pressures — you do not fix the electricity prices or the which there are many, throughout the state should be gas prices or the registration prices or the stamp duty or able to handle some of the very basics in relation to whatever it is — by giving a $50 handout for somebody Victorians’ personal details. to go to a website and register their name, their phone number and their email. As Ms Crozier said, that is just As I was saying, the former Auditor-General and the harvesting of data, which I am sure will get used former Ombudsman, when they conducted their inquiry somewhere down the track by this government for into the failures of the former Labor government prior other purposes. to the election of the coalition in 2010, studied 10 completed and discontinued projects that had a total This bill is just another level of bureaucracy that I do budget of $1.3 billion but for which the costs blew out not think is required. I do not think you provide better to $2.74 billion. Some of those, as I am reminded from services by adding extra layers of red tape. We have a report that I have looked at, include the LINK seen so many times where this government has failed in database for Victoria Police, the HealthSMART project its harebrained ideas in terms of being able to set up a for the department of health, the Transport Ticketing new organisation that is going to make the world easier Authority and Myki. Who on earth can forget the for people who live in this state. It does not work, and debacle of Myki? We are still living with that. What an for those reasons we cannot support this piece of extraordinary cost that particular IT project has been. legislation. Victorians have had to pay for that. It is a system that is hardly efficient. When you look at other IT ticketing Ms CROZIER (Southern Metropolitan) (17:18) — systems around the world, why on earth the I rise this afternoon to make a short contribution to the government wanted to create its own system and not Service Victoria Bill 2017 that members have been look at what was working in other parts of the world, speaking very eloquently to this afternoon in relation to such as the Octopus card in Hong Kong and other such highlighting the issues that are very concerning around IT initiatives for transport ticketing, is beyond me. We this bill. are paying the price of that Myki blowout and all the The purpose of this bill is to provide for the delivery of reincarnations that that particular IT system has had. government services to the public by Service Victoria Of course there was RandL — the VicRoads and for other purposes. As the explanatory registration and licensing system; the client relationship memorandum states, it provides for the delivery of information system, or CRIS, from the Department of government services to the public, as I said, by Service Health and Human Services; ultranet from the
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department of education — the list goes on. There was out. Again, despite all the amendments to try and just an extraordinary waste of Victorian taxpayers improve that bill, which were defeated by the Greens money on those various IT projects. At the time the and the government, there are still some great concerns Ombudsman was absolutely scathing about the by various members of the community in relation to government’s ability to handle these IT projects. In fact what that bill is trying to achieve. I think there are valid the former Ombudsman, Mr Brouwer, blamed poor concerns around that identity verification, how this bill leadership and accountability for the failures, noting will then link the various customers with their various that the Department of Treasury and Finance relied too identities and how that will actually be used in relation heavily on agencies for project governance. to the sharing of information.
I think that pretty well sums it up. You had a I will not say too much more in relation to this whole-of-government system wanting to deliver these particular bill, but I did want to put on record in relation projects but they had no ability to. I do not think this to those aspects that I think there is very little faith from government has learnt anything from its past failures in the community in the government’s track record of relation to an ability to manage projects. This running ICT projects, as I have outlined. There was an centralisation of service delivery through Service enormous litany of failures by the Bracks and Brumby Victoria will diminish the individual agencies’ governments in their inability to do even the most basic responsibility for service delivery standards and lead to of ICT projects and in running billions of dollars over blame shifting between various lines within those budget. Of course we have seen that with this agencies that I spoke about and Service Victoria itself. government in other areas, like the level crossing removals running billions of dollars over budget. Again I note the comments from other contributors in Again, it goes to the management of Labor this debate to say that the structure of Service Victoria governments. They cannot manage money in terms of is not even resolved as yet. We do not know how much managing projects. I do not think there are enough money actually needs to be applied because this whole checks and balances in place for Service Victoria to project was announced in the 2015–16 budget. I will give any heart to the Victorian community that their just repeat that announcement that the government did information will not be misused or shared at that time, and I quote: inappropriately and that they will not have the ability to breach those privacy concerns that I have raised Service Victoria will create a new whole-of-government service capability to enhance the delivery of government previously. transactions with citizens, enable the delivery of a more effective customer experience and create new distribution Ms FITZHERBERT (Southern Metropolitan) channels for simple, high-volume transactions. (17:27) — I am pleased to be able to speak on the bill before the house at the moment, the Service Victoria At that time it had funding of $96.1 million. However, Bill 2017. I enjoyed listening to Ms Crozier and her in Public Accounts and Estimates Committee hearings reminder of some of the history of IT disasters that the it was soon discovered that the project had fallen well Labor Party has overseen in this state, a salutary lesson behind schedule with a significant amount of funding in what not to do. This bill has already had some having to be carried forward in the 2017–18 year, and significant delays. It was in the Assembly last we do not know how much money — we are in budget November, and it had taken a while to get there, as I day now — is outstanding as we speak. I have understand it. The bill does a number of things around absolutely no faith in this government’s ability to creating a service delivery agency for the government. manage services. It prescribes Service Victoria as the agency for Then there are the privacy implications. A primary government services, and through it departments and function of this bill is the requirement for various agencies may transfer service delivery functions. It identity verifications. In the last sitting week, when we establishes a mechanism by which, with mutual were debating the Children Legislation Amendment agreement of the Service Victoria minister and line (Information Sharing) Bill 2017 and I raised concerns minister, service functions may be transferred back to about privacy, how that related to the Privacy and Data line agencies and by which a regulatory structure for Protection Act 2014 and how that information would be Service Victoria can undertake an identity verification shared, there was very little clarification even in the function to provide a single whole-of-government committee stage by the government to assure all of us record for each customer, including standard setting. It that information that did not have any relevance to that is also intended to provide a regulatory framework particular bill, such as political affiliations, union through which service delivery standards can be affiliations or sexual preferences, would not be ruled established.
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Fittingly, on state budget day, it has taken several amount for energy and are paying an extra $300 per budgets to get to this point. Funding was allocated in household over the last year. It is not good enough. the 2015–16 budget, which said it would create: We have also seen HealthSMART and Myki, and in … a new whole-of-government service capability to enhance today’s budget, fittingly, we have a promise to deliver the delivery of government transactions with citizens, enable an electronic medical record for the Parkville precinct. the delivery of a more effective customer experience and create new distribution channels for simple, high-volume Mary Wooldridge has identified that there are issues transactions. with the cost of this. The PricewaterhouseCoopers business case said it would require $199 million to do it That does sound a little bit like a website. I understand properly. About 60 per cent of that has been provided, there is also a suggestion that there should be so we will see what happens with that. shopfronts. Perhaps we could address that in the committee stage, which I understand is going to be It was, however, Ms Crozier who referred in her speech taking place. There has been additional funding to ultranet, which has become quite notorious in terms following the initial allocation in the 2016–17 budget. of government IT projects. In fact if you google Some $96 million was provided in two budgets for this ‘ultranet’, what comes up automatically is ‘ultranet initiative. This was disputed at the Public Accounts and scandal’ — and not unreasonably. This was announced Estimates Committee (PAEC), I think, because people in 2006 by the then Labor government. It was delivered did not want to actually say out loud that it had fallen in 2010 at the notorious ‘big day out’ — a launch which well behind schedule, with $58 million carried forward cost some $1.4 million. It was found later by IBAC that into the 2017–18 budget. But there was quite a bit of there had been a corrupt tender process and appalling back and forth at PAEC, with people bending over waste along the way and that some $240 million was backwards to avoid saying that it had been delayed, wasted on this corrupt tender process. We saw that a perhaps using phrases like ‘not delayed, just slower former minister, Bronwyn Pike, was the subject of than expected’ or that some aspects of the work have phone taps and evidence within that inquiry. been ‘cautiously progressed’. The whole thing was an unedifying mess for the This does ring slight alarm bells with me. Ms Crozier government, and when it was finally put into place in spoke earlier about some of the IT projects that the schools it was rarely used. It has been an unmitigated Labor Party has overseen in government and how disaster. I remember at the time that my children’s spectacularly unsuccessful some of them have been at school had access to ultranet and, as a tool for times. We have smart meters of course, a project that educators, the references to it that I heard were nothing went from a budget of $800 million to in the end short of derisive. It was wasteful, it was corrupt and it $2.3 billion, nearly three times the original estimate, was finally ineffective when it was delivered. which was the brainchild of the then Minister for Energy and Resources, Peter Batchelor, who thought it It is with some trepidation that I look at what the made sense to get rid of meter readers and force government has before us today — something that is everybody, every business and every household to already late, something that has already been budgeted change over to a new metering system. It sounded like a for over several years and something that appears to be good idea, but it did not work out terribly well in still incomplete even as it is before us today. I practice and certainly not in cost, which was understand that we will be exploring this further in the horrendously large and well over what it was originally committee phase, and I look forward to hearing some estimated to be, as I said earlier. explanation and getting answers to some of these questions on the way through that process. We see a sort of encore of this harebrained scheme in the energy website that the government has just House divided on motion: launched. It is going to pay citizens to look at a website Ayes, 24 and register their details, which the government and the Labor Party will do as they wish with, I would imagine, Bourman, Mr Patten, Ms Carling-Jenkins, Dr (Teller) Pennicuik, Ms so that they can see how they might be able to reduce Dalidakis, Mr Pulford, Ms their energy costs — energy costs, I might say, that the Dunn, Ms Purcell, Mr government has already taken a lead in increasing Eideh, Mr Ratnam, Dr through its forced closure of Hazelwood by massive Elasmar, Mr Shing, Ms Gepp, Mr Somyurek, Mr (Teller) increases in taxation to the managers of that site. We Jennings, Mr Springle, Ms know that over the last year consumers in Victoria have Leane, Mr Symes, Ms become the people in Australia who pay the highest Melhem, Mr Tierney, Ms
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Mikakos, Ms Truong, Ms whether our citizens do support this outcome, and Mulino, Mr Young, Mr consistently it demonstrates that they do. Noes, 16 When we came to government we inherited a system Atkinson, Mr Morris, Mr (Teller) Bath, Ms (Teller) O’Donohue, Mr where less than 5 per cent of transactions were Crozier, Ms Ondarchie, Mr completed by Victorian citizens online for all the Dalla-Riva, Mr O’Sullivan, Mr licensing and regulatory environments that apply right Davis, Mr Peulich, Mrs across the public sector. Our incoming government I Finn, Mr Ramsay, Mr think may have been the beneficiary of some of the Fitzherbert, Ms Rich-Phillips, Mr Lovell, Ms Wooldridge, Ms work that you may have been associated with, Mr Rich-Phillips, in the previous administration, in Motion agreed to. terms of developing a business case for the Service Victoria model to apply this capability to bring together
Read second time. a common set of standards, of protocols and indeed, Committed. most importantly, of citizen access to online completion of transactions with Victorian agencies, and that is what Committee we have been building.
The ACTING PRESIDENT (Mr Elasmar) — I We have built it despite what I heard in your believe there are amendments from Ms Pennicuik and contribution to the second-reading debate today. We the Leader of the Government, which have been have actually had a high degree of collaboration with circulated. the private sector and technical expertise involved in innovation and product design in Victoria. We have Clause 1 taken a process to look at the best applications, the best platforms and the best ways in which these matters can Mr RICH-PHILLIPS — In the government’s first be integrated, and we had a high degree of budget, the 2015–16 budget, the government allocated collaboration and purchasing that led to a situation $15 million for Service Victoria and in the 2016–17 where last October this platform went live, in a live beta budget it allocated a further $81 million. In simple format, which has given our citizens an opportunity to terms can you outline to the house: what have Victorian go online when they are completing their transactions taxpayers bought for that $96 million with Service with a number of different state agencies. They have Victoria? had an opportunity to select whether they would prefer to use a different method of processing their application Mr JENNINGS — For a start, and this actually or their renewal of licensing arrangements. They have relates to a question you asked me in question time freely chosen that path, and by now more than today, sometimes the attributed costs may or may not 32 000 transactions have been completed across a be fully expended or apportioned in a way which might number of different services. be popularly or conveniently understood. That is the capacity that has been built, and that has But in relation to this project $15 million was allocated been responded to very positively by our citizens. As I as part of a $96 million allocation that has been applied indicated to you, our citizens have had a choice, to this project. Up until this point in time those moneys whether they choose to use Service Victoria or whether have not been fully expended in developing a platform they choose to use the conventional pathways of online and delivering on the promise that we made to processing. Many have chosen Service Victoria and introduce a common platform that had the ability to completed their transactions, and the information that apply across public sector agencies in Victoria to enable we have is that 90 per cent of them believe that this has our citizens to have an online connection in terms of the been a far more satisfactory transaction than they have registration and purchase of government services and experienced before, and there is a high degree of the ability to have various licensing, registration and confidence in the reliability, the applicability and the other forms of government information available to desirability of undertaking those transactions in that them in a user-friendly fashion consistent with what way. surveys have consistently indicated was the desire of our citizens. Indeed I have been asked a series of So that is quite something that has been built, and it has questions about the extensive research that actually been built on the basis of investment and the wisdom of underpins the rollout of this capability in terms of the procurement pathway that has involved a high degree of private sector collaboration, despite what you
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1528 COUNCIL Tuesday, 1 May 2018 in your second-reading contribution asserted. We have our citizens in providing information and transacting many mature partnerships with the private sector in with the government. It also enhances the ability to terms of the technology and capability that we have develop the confidence level by which our citizens may built. We have created the situation where we have the choose to create at their own discretion, and at their potential to turn around something that all Victorian own ability to satisfy, an identity through a validation government administration has laboured under in the process that will be harmonised with national sense of not being able to provide easy access to and frameworks and guidelines and protocols, and will be confidence in those service delivery transactions being subject to lengthy considerations with the relevant acquitted. You would understand this because you have stakeholders and interest groups in Victoria. Then we been associated with IT projects and you were part of a will be able to set the lead by which identity validation government that had major difficulties in relation to and the confidence level that our citizens need and our funding IT upgrades in a number of agencies during the statutory agencies need to acquit their responsibilities life of your government. You know from firsthand will be enhanced in the years to come. experience that having a disaggregated, decentralised approach and investing in legacy systems has been a So we have built a system and the system has been failed method that your government was subjected to popular. Already without going totally live and that there is always potential for any government to 32 000 transactions have taken place. Our citizens like be subjected to. This government has chosen to provide it: 90 per cent of citizens say that they like it and they for quality assurance across the public sector in the want to use it in preference to the other systems, the rollout of this project. legacy systems and the legacy portals that currently exist. It enhances the ability to reach agreement and Indeed, this piece of legislation supports that rollout by drive better collaboration across the public sector in not actually saying that it has to be an absolute terms of the technology transfer and the uplift across precursor to the work being done, because as I have the platforms that have been developed across Victorian outlined, that platform and that connectivity with our agencies. You know full well how difficult it was in systems has already been developed, but by actually your administration to get money and investments in providing the appropriate head of power for ICT projects across the public sector; you know how responsibilities to be transferred with the agreement of hard that is. This will actually guarantee that all of our various agencies once they reach a level of satisfaction agencies potentially have the opportunity to participate that their statutory obligations will be met, because a in a capability that they would not themselves be able number of agencies as you would be aware have necessarily to build or necessarily have the technical statutory obligations that mean that they cannot knowledge or the collaboration to do so. It enables the delegate responsibility and that they have statutory transfer of responsibility. It does not force it, it does not reasons to protect those responsibilities, whether that be mandate it, but it enables the transfer of statutory privacy, confidentiality or other reporting requirements responsibilities if there is a confidence level in relation of their legislative statutory obligations. But they can, to the system working and giving better outcomes for under the auspices of this bill, transfer that to Service our citizens. Victoria in the circumstances where there is an agreement and confidence on the part of both I know I have actually gone on to answer subsequent portfolios, whether they be the policy program agency questions, but I thought I would actually place what we or Service Victoria. In those circumstances a transfer have built — and we have not expended $96 million. can take place. At this point in time we may actually deliver what I have described in a technical platform sense for less This legislation also provides protections in relation to than what the allocation of the financial resources may standard setting and the way in which that will be be. Certainly I am not sitting here with any concerns undertaken now and into the future in terms of about us exceeding that financial envelope. We are customer service, the usability, the appropriate adding substantially to the protections and the consumer protections, the rights of appeal and the rights consumer rights and to the opportunities to roll that and responsibilities in relation to the appropriate and platform out more broadly across the public service to inappropriate use of information. acquit our obligations to our citizens.
This piece of legislation applies sanctions for the Mr RICH-PHILLIPS — Thank you, Minister. misuse of what will be the information that is obtained That was a broad-ranging answer to a number of and used in the process of the system, far enhancing the elements of Service Victoria beyond the scope of the privacy protections that currently exist and the question. I would like to go back to where I started with consumer rights that are associated with the control of the question, which essentially relates to the
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platform — you said ‘the project’, but you referred to Mr JENNINGS — Okay, good. The issue is that the platform a couple of times — and I will come back under conventional circumstances as people keep to the issue of the budget. Now, for the casual user who digging and investing in that technology, even though it goes to the Service Victoria site, which as you said is in is antiquated technology — the machines that it works beta test mode right now, on the face of it it looks like on, the way that data is being collected — there needs you have spent $100 million, or $80 million or to be a change in the way in which you access it. You whatever the figure is, on building a website. Can you need to be able to design a system that can retrieve outline please what is the technical platform that has information in and out of that dataset, without been built that is behind that website? necessarily being overburdened and overprocessing it. You need technology and protocols that access it. You Mr JENNINGS — In fact that is a good question, need technology and protocols that require security because there are some people in our community who clearance and confidence about security. You need to may just see this as a website because in fact they have be able to then use information in a system-wide basis got no idea about what the technical capabilities or the that enables you to identify information and aggregate interoperability may be. So for you, for the committee it. But most importantly, in relation to individual and for our citizens, let us actually think. In terms of the transactions there is then an interface between them and platform, a website or portal online is actually what going back to the website, so going back to the portal. would singularly focus the citizen or consumer in There needs to be the ability to bring the relevant relation to what they can go online and actually see as information in the relevant data fields to enable the an ease of entry point. But behind that entry point, just transaction to take place through the one simple as there is in the whole aspect of the internet and template. That, as far as a citizen is concerned, is what web-based experience, there needs to be the the entry point is in relation to the interface between technology. That means that there are protocols, putting in a request and it coming back out of a system. analogues and applications that are created to be able to connect between the interface of systems that operate in Similarly in relation to the security requirements and a very different environment. the confidence levels, you have to have certainty about how you know who the person is embarking upon this For instance, VicRoads is a major agency that is often transaction. You need to be able to have a method of referred to and that has a very, very large dataset that being able to validate who they are. You need to be actually has a chequered history of reliability of being able to build in security systems that enable you to have able to be maintained because of what is known as the confidence that you have collected the right information legacy system on the basis of how long the original and that you have a certain confidence level about the technology that was associated with the way in which information that is being provided to you — that you information was gathered, stored and collected, and the can validate who the user may be and then be able to source code that actually underpins it. The source code acquit the responsibility. that applies to the VicRoads database, and the way in which you might need to reprogram and keep that Up until now we have had a lot of difficulty in that system going, was actually something that led to the quite often there have been limitations in the way that sinking of probably somewhere in the order of has been done online, and it depends upon the security hundreds of millions of dollars during the life of your of situations — for instance, if somebody has a working government, if not preceding that in terms of the with children check. For instance, in relation to gun government that I was in up until 2010. licence applications, ultimately there would need to be a higher order level of confidence about the identity of Mr Rich-Phillips interjected. who is making an application. There would always have to be some in-person validation process for some Mr JENNINGS — Well, you didn’t stop it. You of those higher order licensing arrangements. But many definitely did not stop it. transactions do not necessarily need to be undertaken in Mr Rich-Phillips — Because you had already sunk person, and part of our system that we need to build $150 million into it. across all aspects of the public sector is an understanding of how that validation process needs to Mr JENNINGS — In fact you kept going; you kept vary and the confidence level by which you can digging. implement it. We have had to develop those systems.
Mr Rich-Phillips — Your turn. I’m not disagreeing We have also had to develop systems where you can with it. confidently rely on how payments are made. You have to enter into arrangements with providers. Many
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citizens would be aware of PayPal, for instance. PayPal already said. Notifications, including email and SMS, is one avenue by which payments can be transferred are enabled by Amazon. Business protocols automation with confidence. It may not be an exclusive is using Alfresco. Service management is using arrangement with PayPal; it may be with other banking ServiceNow. High availability and scalable providers. Indeed we have entered into arrangements infrastructure is through Amazon Web Services with the state’s bank, Westpac, in relation to the (AWS). Continuous live release capability is by using reliability of systems, where we have a confidence level OpenShift and Bamboo, and 24/7 monitoring by about the transfer of payments. That is the scope of the international operations and cybersecurity centres is technology. For virtually every example that I have through Deloitte, which was also responsible for the given we have entered into arrangements with private major development of those various items that brought sector providers in relation to the technology, the design the system to maturity to go live. and the implementation of those systems. We have developed within Service Victoria a capacity to be able I will just see the advisors in relation to any further to identify what the most mature, innovative platforms information that I might be able to give you, but as you may be. can see there is quite an extensive list, despite your assertion, of private sector collaboration and purchasing We have had great collaborations. The biggest on the way through in relation to that capability that we expenditure item within the profile of what we have have built. acquitted was through a collaboration with Deloitte, which has expertise in bringing these various platforms My friends in the box are going to actually see what together. They provided an integrated working level of itemisation I can provide, but generally one of environment with Service Victoria to take that the difficulties that we are going to have about formulation of all those different aspects of that itemisation is because some of those things that I have platform and that capability together. That has been the identified have their own individual contract and some largest contract within those commercial arrangements of them relate to the bundling, effectively, of the of the money that has been expended up until this point capability that Deloitte and their partner Salesforce and in time. others actually brought to the tender. So some of them will be delineated and some of them will not be. I will Mr RICH-PHILLIPS — Thank you, Minister. get some further information and share it with you That is helpful information. Still talking in terms of the before we complete the committee. technical platform and the integration that you have spoken about, you referred to the Deloitte work. One of Mr RICH-PHILLIPS — Thank you, Minister; that the questions I wanted to ask you, and I will do that will be of assistance. Just to understand the model now, is if you can provide a breakdown of the better, Minister, are you able to indicate, particularly expenditure of the $96 million budget to date — if you with the ongoing platform operation — the Deloitte can break it down through the third-party technical platform, obviously AWS and Salesforce as some of expenditure, such as the Deloitte element and the other the key elements of the platform — are they contracted key primes who have been engaged. on a fee-for-service or fee-for-transaction basis? Is that the financial model which underpins the Service Mr JENNINGS — I will go and have a Victoria platform? Is it a fee-per-transaction basis? conversation with the team in relation to what stage or what level of detail I want to break this down to, but Mr JENNINGS — I have been encouraged to basically what I have just outlined in my very lengthy report to the committee that these are ongoing answer I will now indicate to you by reading arrangements in terms of the longevity of contracts, the something. It is very unusual for me to do so in the form that they take and the whole-of-government committee stage, and usually this is where I go wrong, purchasing in relation to the involvement of Salesforce but I do not think I will be going wrong in this instance. and other contracts, and that means that it would be unwise for me to do anything else for the moment other In terms of all those functions that I talked about, in than identify — and this is at the heart of terms of the agency integration and orchestration Mr Rich-Phillips’s question — that if we were to enter capabilities, we have been using Mulesoft Anypoint into a fee-for-service arrangement in terms of the Solution. In terms of industry-leading identity and individual transactions there is the potential that that access management, the solution was from ForgeRock. may be a very onerous cost that the state would be wary The customer relationship management solution is about. using the Salesforce higher secure payment platform, and that would include Westpac and PayPal, as I have
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Mr RICH-PHILLIPS — Thank you, Minister. As of the technical and procurement aspects of applications opposed to $100 million up-front? or other systems consistent with what I outlined earlier, although on a far-reduced requirement to the Mr JENNINGS — Mr Rich-Phillips, I just know, establishment phase. The operating costs we actually despite the presentation that you have led on behalf of anticipate being comparatively modest. The decisions the opposition today, that you would much prefer to be that government makes about funding it into the future, here at the table discussing this project than where you which we have not determined in the budget allocation are. this year, are not ultimately determined, but the business model is likely to be a shared arrangement in Mr RICH-PHILLIPS — I am not convinced, terms of the funding contribution between central Minister, that I would be at that table discussing this government and the ultimate end beneficiaries of the project in regard to a legislative framework, but we will system on a shared-cost basis. no doubt come to that. You have indicated that of the $96 million that was allocated not all of it has been Mr Rich-Phillips interjected. expended or it may not all be expended. Are you able to indicate, of the $96 million, what has been expended to Mr JENNINGS — Citizens. But I did not mean the date, what has gone to the third-party providers in citizens paying for it; I actually meant the agencies aggregate — and you are obviously looking for detail paying for it. between the contractors — what has been spent internally to government and how much remains? Mr Rich-Phillips — Hence the question.
Mr JENNINGS — In the IT strategy that we Mr JENNINGS — Well, yes. But ultimately in published a year and a half ago we indicated that we relation to it let us just go back to some of those legacy wanted to go live by 30 June. That is our intention and systems that you know we have a sunk investment in. we believe that we can acquit that. I think in relation to There is actually quite a benefit to the operating the total expenditure we will have ample headroom. functions of a number of different agencies if in fact Probably by the time that I get to the Public Accounts they do not have to worry about their legacy systems and Estimates Committee (PAEC) I will be much and increasingly we close down legacy systems as we closer to being able to identify what our final develop this platform and this capability across all of anticipated budget outcome may be in terms of getting the public sector. So there will be savings — not to that stage, and I would probably prefer to do that. But savings that Ms Pennicuik was worried about, which it will be significantly under $96 million. were savings in relation to human beings.
Mr RICH-PHILLIPS — Thank you, Minister. I Again, I have been criticised during the course of this look forward to that information coming through the debate today, but we are a government that has PAEC process. Just going back to my previous increased the size of the public sector; we have question, if I understood your answer correctly, there increased it and we have grown it. We have not reduced are still contractual discussions ongoing. Can you give it; we have not taken a hatchet to the public sector, and the committee an understanding of when the that is not the intention of this reform. The intention of $96 million — or whatever it ends up being — to build this reform is to actually improve the number of people the platform is acquitted and it goes live on 30 June this who provide frontline services and policy and year, what are going to be the ongoing operating costs programmatic responses to people who work in for the platform and how are they going to be funded? agencies. We are reducing significantly the administrative functions that can be automated in a Mr JENNINGS — I am not quite sure whether you fashion that our citizens actually think is worthwhile. entertained it, but despite a number of gratuitous comments that a number of your colleagues made about Mr RICH-PHILLIPS — Thank you, Minister. In us doing our best to spend this money wisely, which your answer then you touched on the issue of savings, has led to us rolling over budgets, there is the capacity which is one of the issues I wanted to ask you about. In for us to continue to do that on the basis of what I have 2016, as part of the announcement around Service just indicated to you in terms of the operating Victoria, you issued a press release, and I will quote it: expenditure of the platform. We have indicated that Accessing government services and information can be there will be a core establishment of Service Victoria excessively difficult to navigate and costly, with hundreds of that will be housed in Ballarat. That will be an ongoing phone hotlines and 538 different websites. The total current expenditure on the people who work for us. There will cost of this to the government is $461 million and unless we obviously be ongoing requirements in relation to some act, it’s expected to rise to $713 million by 2026, with no extra benefit to the community.
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What is the government’s estimated saving from the 2026. Implicit in that is that introducing Service introduction of Service Victoria against the Victoria is going to reduce that cost or at least cut the $461 million baseline cost as at 2016? And I assume growth in that cost. Obviously part of that growth in that was an annual figure that was used in the press cost is through the growth in the volume of transactions release. as population grows. The budget is pointing to upwards of 2 per cent in population growth over the forward Mr JENNINGS — My apologies for being a little estimates, which is very high, so we could expect a bit slower than I originally thought I was going to be; growth in the volume of transactions. Does the we just wanted to tease things out, first of all, so I did government expect a substantial increase in the number not take us down a path that any of us would regret. If of transactions — present-day transactions — taking the words ‘cost savings’ were used in the press release, place online through the Service Victoria portal once it then obviously I am not deserting saying that. The goes live as opposed to the telephone transactions and concept really should be cost reduction in terms of the in-person transactions which are currently undertaken? running costs that would be reduced for agencies that Do you expect a big part of the current transactional will come through the work that we are undertaking volume to shift from those two channels to Service and the removal of what would be, if it was unfettered, Victoria? the growth in expenditure across public agencies in terms of their administrative costs and their web Mr JENNINGS — I have received a text message interfaces. Web interfaces are just one cost. The which expresses a degree of enthusiasm and then says automation of administrative activity in the sense of it the word ‘Yes’, and that is what I am going to convey being acquitted through an online transaction rather to you: yes. than manually can lead to savings in the sense of reducing the growth in costs and the ability to reallocate Mr RICH-PHILLIPS — Thank you, Minister. Are funding across the public sector. you able to indicate what proportion of current-level transactions you would expect to transfer from calls to In terms of being able to realise those savings, at the contact centres or in person onto the Service Victoria stage we are in the development of the program so far platform? we are not in a position to be able to identify what those cost reductions may be, because in fact, as you would Mr JENNINGS — The enthusiastic yes relates to appreciate, the best way to achieve them is in fact to go two aspects. One is that we would anticipate that live and do the heavy lifting in relation to the Service Victoria, if it is successful, will shift some transactions across the various agencies that are traffic in relation to what is existing online involved. We would estimate that there would be tens administrative capability but do most of the heavy of millions of dollars in cost reductions that would be lifting in relation to demand growth. So in fact we think able to be identified. I am being encouraged not to be that the system will do most of the lifting in terms of overly specific in relation to that, because in fact it may accounting for what you described as population or lead to a false expectation about what time it may be other transactional growth; it will take the demand measured from and how it may be accounted, but curve. ultimately — On the level of transactions that may take place or the Business interrupted pursuant to sessional orders. requirement for call centres or other physical attendance for completion of transactions, we would Sitting extended pursuant to standing orders. anticipate that resource being maintained to some degree close to its current output on the basis of dealing Committee resumed. with more complex and intense transactions and the citizens who may actually require additional support, so The ACTING PRESIDENT (Mr Elasmar) — I in fact they will be given better service and more invite the minister to continue. intensive support, and possibly the effort may not be as Mr JENNINGS — I had virtually finished my reduced as what might have been anticipated. So most contribution at that point in time. of the benefit and the cost reduction process will relate to the volume transactions and the growth. Mr RICH-PHILLIPS — Thank you, Minister. To be clear, Minister, the press release does not refer to Mr RICH-PHILLIPS — Thank you, Minister. cost reductions; it simply provides the government’s That seems to step back a bit from the enthusiastic yes estimated current cost at $461 million and the that was received earlier about whether the current expectation that it would increase to $713 million by proportion of transactions would shift to the platform. I
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take from your subsequent answer that you are I was trying to get that balance between what the suggesting that it will, as you said, manage demand realisation of savings might be and the support to growth rather than see a big shift of current citizen customers. That is what I was trying to do, and I transactions. Look, you know where I am going with may have actually overcompensated in relation to my this. You issued a statement last year that highlighted: cautionary tale. But Service Victoria will play a leading role. Let us just go back to basics. How many online With hundreds of phone hotlines and 538 different websites, transactions take place, beginning to end, now across accessing Victorian government services and information can be difficult and costly. the Victorian public sector? In fact I do not have an update, but it would be less than 10 per cent now. In the So you called out the fact that there are hundreds of future you would be wanting half of them or ultimately contact centres and 538 websites and implied that the more to be completed online. In fact our aspiration rationale for creating Service Victoria is to create this would be beyond that. platform, reduce the number of contact centres, reduce the number of other websites and direct traffic through But again, I know today I am the victim of what is Service Victoria. Now, of course if you are going to actually seen to be a process that has run and taken reduce the number of contact centres, call centres and three years to get to this point and being accused of counter services, that has staffing implications and that going slowly. But it is also a platform that is is where cost savings arise. Basically what I am seeking demonstrating that it has got to a stage of maturity from you is an understanding — and you sort of without falling over, without increasing its cost to the referred to this in your answer earlier — of whether the taxpayer. It is going to be delivered, and it has the savings which were implicit in your press release and potential to have a responsive reaction from the also implicitly coming from the reduction of contact community because it will have great utility, and the centres and websites are going to be realised, or is this reliability that it will bring then will build a customer purely a growth demand tool rather than dealing with base and build the user experience. You know that will existing transactional costs? take some time to escalate, but that is the aspiration that we have. But you have to build it, people have to know Mr JENNINGS — No. I am sorry if I have given it, they have to have confidence in it and then we will you that impression. I was being cautious in the way in see the escalation. I was just being cautious in the way which I was describing it so that I was not exacerbating in which I was describing what the next year or two what might have been a false impression. That is what I may look like. was doing, rather than changing the original aspiration. We have not talked about another activity that has been Mr RICH-PHILLIPS — Thank you, Minister. I run out of the Department of Premier and Cabinet — will move on to a couple of other matters. Just to be that is, the consolidation of websites — which is a task clear, you spoke about obviously one of the services which we have started and scratched the surface of but that is being integrated, certainly in the beta version of are running in parallel with the work of rolling out Service Victoria, as being some elements of licensing Service Victoria. So we are currently looking at the and registration through VicRoads. Can you clarify just way in which we can effectively acquit the expectation for the record, does that mean that the RandL project, as in relation to a reduction in government websites. That it was called and I assume it may still be called — the is an additional project that we are currently running. $150 million pit that was being dug deeper and I assume is still being dug — is now dead? In terms of the ultimate configurations of activity centres of the Victorian government, it is a slight mixed Mr JENNINGS — I am trying to look at how I message that I give you in relation to what might have could describe it in answering your question. VicRoads ultimately been seen as an erosion of service support to have an ongoing program that they describe as the the community. It is not one-way traffic in relation to modernisation program, which would indicate, if I was what will be the requirement of face-to-face contact by being colloquial in the form that you asked me the representatives of the public sector and their client base question, I think, RandL is dead. A very small sum of to deal with customers and to deal with complex RandL may actually live on, with a very different matters. Indeed, in dealing with the efficiency and the expectation in relation to the way in which they can particular needs of customers, that is the issue that I maintain a legacy system and make sure that in fact it wanted to highlight. You will not completely remove continues to function, but in fact their aspiration for a customer face-to-face activity, and in fact it would be total rebuild has now been laid to rest. unrealistic to expect it to completely disappear.
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Mr RICH-PHILLIPS — Thank you, Minister. A government has elected to bring it forward in the stake through the heart. We will see if it works. Council, and I anticipate the Council will deal with it over the course of the remainder of the sitting day, so Looking at the beta platform, there are a number of any delay in the legislation has been the government’s transactions currently available — apply for ambulance choice. membership, buy a fishing licence, apply for a working with children check, apply for a national police check, The rationale for the platform was the customer renew registration, renew your private security licence experience — an improved customer experience. There and top up Myki — and then some checks with respect are a number of transactions available on the beta to registration and working with children checks. What platform now: Ambulance Victoria, VicRoads, the do you anticipate will change with the platform going Victorian Fisheries Authority, the Department of live on 30 June? Is there another tranche of transactions Justice and Regulation and working with children which is ready to go on to the platform, noting that the checks. As best I can tell, all those transactions which original announcement was around high-volume are currently on the beta platform are already available transactions, which I assume are things like ambulance online through the individual websites of the membership and motor vehicle registration, which are responsible agencies. What does using the Service typically the highest volume transactions? Is there Victoria platform give to a consumer that they do not another tranche you expect to go on with the platform already get through accessing and buying an ambulance going live? membership through the Ambulance Victoria website, for example? Mr JENNINGS — What we have wanted to do is to make sure we do actually have that confidence level Mr JENNINGS — What they get is a customer of the agencies that we have partnered with and again experience that has been better designed and, as I the ability to be able to do those high-volume understand it, well and truly better researched in transactions. So we have concentrated on getting to that relation to the user acceptability of the online stage of our maturity in terms of the technology and the experience. That is significant in its own right. I have relationship between us in terms of being able to acquit been encouraged to indicate that customer satisfaction the ambition. We have not necessarily been delayed by is running at about 90 per cent of the users who have the stop-start nature of this legislation. The legislation, used the platform, which is 11 per cent more than the once it is passed, will actually assist us in being able to customer satisfaction of people who have used the have a confidence level in the relationship with existing online systems. So it has already immediately agencies and the level of transfer of statutory functions led to an uplift in that take-up. that have been denied to us up until now. Beyond that, the additional benefit, which is actually a The passage of the legislation would facilitate the feature of the legislation, is ultimately our ability to ongoing opportunity for us to grow what services are on introduce the identification verification standard and the platform beyond the ones that we have described, process by which people can have an electronic but in the first instance we wanted to make sure that we identifier that then enables them to, at their choosing, had confidence in what we have already lined up. It once they have satisfied and validated their identity, not builds a customer base and a confidence level. With have to replicate or demonstrate proof of their identity that and then the passage of this legislation we will be time and time again at each individual agency, because able to enter into agreements with various statutory they have created an electronic identification certificate agencies and we will grow appropriately. We do not once and then that can be used by them, at their choice, think we will have a problem in terms of the volume, across different agencies. That is a benefit that is but we actually want to make sure that we grow in an currently not available to them and in fact would be a appropriate fashion rather than getting too far ahead of huge — if they choose — benefit to them in relation to ourselves. You would be aware of other platforms that the variety of agencies they may encounter, one that is tried to get too far ahead of themselves. currently not afforded to them.
Mr RICH-PHILLIPS — Thank you, Minister. It is Mr RICH-PHILLIPS — Thank you, Minister. I a reasonable point you make about other platforms. I will just make a comment in relation to the 11 per cent will just pick up your comment about the delayed lift you referred to in customer satisfaction for stop-start nature of the legislation. Let us place on transactions on Service Victoria versus the default record that this is the first time this house has agency platforms. It is fair to say the government has considered this legislation. It has been on the notice invested tens of millions of dollars at least in the paper for some time, but it is only today that this Service Victoria platform. Is it reasonable to assume
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that if similar funding, or even a fraction of that sector, there are many, many aspects of someone’s life funding, had been available to the individual agencies that will bring them into contact with government to improve their existing platforms, the same lift in agencies. If you are a bit surprised by that number, I consumer satisfaction could have been achieved? was a bit surprised to be reminded of it too, but I have been reliably informed that that is the case. Mr JENNINGS — You would hope the answer is yes, but you know the experience is no. Mr RICH-PHILLIPS — Thank you, Minister. I am a bit surprised at that. It may be difficult, but are Mr RICH-PHILLIPS — I do not know if the you able to give the committee an indication of what minister is expressing his lack of confidence in the those transactions would be? I think you said that agencies that are represented on the Service Victoria 10 transactions a year is an average. As I said, a drivers platform or — licence is renewed every 10 years and registration is annual. What is the nature of the other transactions that Mr Jennings — Your question has already would see an average of 10 per consumer? indicated yours. Mr JENNINGS — I did have a pre-existing list of Mr RICH-PHILLIPS — You indicated one of the the types of transactions that people engage in in big benefits for consumers will be the single identity connection with different agencies — I could go record and the ability to use that across multiple through that list, and there are 62 on this list as an transactions. What type of transactions does the example — but what I have been encouraged to come government envisage a consumer would want to benefit back and talk about is that the best way to think about from using that sort of record? The reason I ask the the interaction is that it occurs at various stages in the question is that if you look at the types of transactions life cycle. For instance, when a baby is born a number which are currently available on the beta platform of of registrations are required — for example, maternal Service Victoria, most of those transactions are and child health. Then there are a number of irregular. With respect to a drivers licence, a drivers engagements with the health sector and births, deaths licence is a 10-year document. It is not like you need to and marriages. In terms of children’s formative years, go onto the platform every week or every month and those transactions are in relation to connections with access VicRoads in relation to your drivers licence, and kindergartens, preschools and childcare likewise renew a registration. You can do that now with arrangements — all of those sorts of transactions. Bpay through a bank. You do not need to go onto VicRoads, you do not need to go onto Service Victoria, These transactions range from the first years of life to and in any case it will be an annual transaction, and going through school, leaving school, entering the likewise for a fishing licence or applying for a working workforce — or not entering the workforce. They also with children check. For individual users these are not cover matters relating to buying a house, buying a car, frequent transactions. transferring ownership of a car, transferring ownership of a house, changing your address in relation to any of While you said it will be a huge benefit to a consumer these documents, entering a care facility and entering to have the single identity to use across transactions, the hospitals. There are lots and lots of transactions that reality is that the transactions which are currently there people embark upon. If you see it through the thematic are not frequent — they are once every couple of years of life cycle events, those events may mean that your or maybe once a year — so where does the government interactions far exceed what you might abstractly think see that huge benefit for the consumer? What types of is the number of times that you enter into one-by-one transactions do you envisage will become available on transactions. the Service Victoria platform that a consumer will be accessing on a regular basis that would see them get a Mr RICH-PHILLIPS — Thank you, Minister. huge benefit from having a prestored identity? That is enlightening. You could argue whether a person that is going through a life cycle event — the birth of a Mr JENNINGS — What I have been encouraged to child and multiple transactions at the time of the put on the record is that the average number of birth — would then want or need an ongoing record of transactions that citizens undertake may be in the order their identity in the Service Victoria system once they of 10 a year. You have identified their interactions with have done their four, five, six or 10 transactions related state-based agencies, and you were quite right to to the birth of the child. I guess time will determine indicate that some of them actually have a very long that. renewal period or may be irregular. When you have a look at the breadth of engagements with the public
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Can I finally ask you: in respect of the progress of the letter from Mr Bates related to the governance Service Victoria project, last year at estimates you were structure. I will read them to you. asked about how the project was progressing, and specifically Mr Bates was asked about how the project These red recommendations were: was tracking against the high-risk, high-value implement a revised governance structure and update framework, and there was a written response from the terms of reference for the PCB — Mr Bates to the committee in relation to the project which was at odds with the answer which had been project control board — given in evidence and suggested that a number of and steering committee, including levels of agency elements of the project were red-flagged under the representation and reporting processes. high-value, high-risk framework. Are you able to indicate to the committee what the status of the project The legislative mandate I have already referred to. The is currently under the high-risk, high-value framework third one was: and whether any elements of it are still red-flagged? enter into MOUs with agencies to agree the rules of engagement with Service Victoria. Mr JENNINGS — I can actually say to you that the lack of a legislative framework is a red flag. Four was:
Mr RICH-PHILLIPS — You have provided my review the roles and responsibilities for the project next question. Thank you. director role to ensure that they have sufficient authority to direct activities and drive the program forward. Mr JENNINGS — Okay, there you go. But apart The fifth one was: from that, we have moved to the fifth gateway, as I have indicated. Last time I appeared before the Public Update and maintain the PIP to reflect the delivery Accounts and Estimates Committee we were into five approach and consolidation of a number of the emerging and on the way home. As we move through that process strategies. it is only appropriate that we identify what risk may be Are you able to indicate that those other four outside associated with the rollout or the complexities of some the legislative framework have been addressed, issues. We would prefer a rigorous assessment and a particularly the first one with respect to a revised fair dinkum assessment about how the project is governance structure? tracking, but I can assure you that from about the first gateway to this gateway, the story has only got better as Mr JENNINGS — In terms of coming to the end we have progressed, and we are in a very confident point in relation to our ability to confidently enter into position at this minute. these arrangements across the whole public sector, obviously despite the fact that the legislation may not Mr RICH-PHILLIPS — Thank you, Minister. It be literally required, the safeguards and standards that has given me time to actually find the letter from are actually embedded, the method by which its Mr Bates, which indeed does refer to one of the red standards would be maintained, the level of agreement flags, which was: that can be entered into and the particulars that relate to that a clear legislative mandate for Service Victoria service the successful ability to transfer statutory delivery be established as expeditiously as feasible. responsibilities, those issues are connected in terms of the maturity of relationships that can occur between Mr Bates wrote that on 30 May last year. As I noted Service Victoria and the relevant statutory agency. The earlier, today is the first day the government has elected confidence level is enhanced by both the technical to bring this bill into the Council. capability that is being built and the usability of the system, which I think has been able to be demonstrated Mr JENNINGS — It is not the first day we have to most agencies if not all the relevant agencies at this elected to bring it. That is not true. Let us not actually point in time. The second thing is that when the waste our time. It is not true. It has been on the notice legislation passes then, as I indicated in an earlier paper many, many times, and you have prevented it answer, we will be able to move to the maturity of from getting off the notice paper. those relationships to enable the transfer to take place Mr RICH-PHILLIPS — It is a matter of record and the system to deliver those results. In relation to the that the government has at no time brought this bill on governance question, the answer is yes. for debate or sought to bring the bill on for debate until today. Minister, the red flags that were identified in that
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Mr RICH-PHILLIPS — Thank you, Minister. I Mr JENNINGS — Sorry, I was distracted. Could take you to the final area I wanted to cover, which you you ask the question again? did not remind me of, and that is simply the question of the need for the legislative framework. Obviously the Mr RICH-PHILLIPS — Certainly. In essence government or Service Victoria has integrated a what you are saying is correct to the extent that the number of Department of Justice and Regulation and responsibility for delivering the service is being VicRoads services, among others, on the beta platform, delegated or transferred to Service Victoria as distinct which has been achieved without legislation. You from the function merely being hosted on Service spoke about confidence in your immediate past answer. Victoria’s platform but responsibility for it being Isn’t it the reality, though, Minister, that the transfer of retained by the statutory authority. So if licensing, for agency service delivery into the Service Victoria example, remains the responsibility of the VicRoads platform can be done administratively by agreement chief executive and it is merely hosted on the Service between agencies and does not require the legislative Victoria technical platform, the issue you have spoken program, as demonstrated by what you have done with about does not arise. It only arises because you are the beta platform? actually seeking to transfer responsibility for the service delivery to Service Victoria from the VicRoads CEO. Mr JENNINGS — Generally the answer is yes, but it is also no. Clearly we have built something that has a Mr JENNINGS — No, in fact the statutory usability and a desirability of agencies to actually obligation does not transfer but the application recognise the benefits of working through Service transfers. The ability to deal with the transaction and Victoria. There are some agencies that have the citizen engagement is the part that transfers within deep-seated statutory responsibilities and take their an authority, while the regulatory environment stays regulatory function very seriously. Until they are with the statutory office-holder. provided with some confidence, they are reluctant to enter into agreements. Even if they cannot deliver a Mr RICH-PHILLIPS — Thanks, Minister. I technical solution or an online transaction that is up to accept that distinction, but my point remains that if that scratch, because of their statutory and regulatory remains with the statutory authority and they merely environment they still may be reluctant to enter into an choose to deliver their service and retain responsibility for their service through the Service Victoria platform, agreement unless they have the confidence that they actually have the ability to do so once they have been as opposed to putting it on a Salesforce platform or satisfied that technically they can get a better result, the some other third-party platform or their own platform statutory obligations will not be neglected or negated managed by a third party, the issue you are raising and and then they can enter into an agreement. So the the rationale you are giving for the legislation would not arise, and it could be done administratively. So the legislation does provide a constant and certain framework by which those functions can actually need for the legislation is because of the model the government has elected to implement and is not transfer. inherently required if the outcome is better consumer There are some functions that cannot be delegated, and experience through using the Service Vic technical in fact without a general provision in relation to the platform, putting aside the issue with the single identity, delegation there would need to be specific amendments which is a separate issue we will come to later. to each and every piece of legislation that relates to some statutory obligation. So rather than actually Mr JENNINGS — Let us go back to the series of having an ability to reach an agreement voluntarily, questions that you asked me before in relation to what has been the experience of many agencies in the past of statutory obligations are actually satisfied and an agreement can be entered into. Unless you have that developing their own system — relatively patchy being general facilitative provision, you might actually have the best description. How savvy have they been in to go back and go through a myriad of legislation that relation to procurement both in terms of the technology you need to replicate in each of the principal acts to be and the quality of the offering? It is nowhere near what it should be. We have tried to create a circumstance able to achieve the result that this bill achieves. where we have a central capability that provides Mr RICH-PHILLIPS — Minister, that is if the consistency, reliability and certainty, and we will build statutory function is being undertaken by Service a state brand that is invested in and where we know we Victoria as distinct from the function being hosted on have certainty in the investment profile, we have Service Victoria’s platform but still being the confidence in relation to the time frame that is being responsibility of the statutory authority. Is that correct? able to be associated with the delivery of it and we have
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not over-promised in relation to it in terms of its in the Privacy and Data Protection Act 2014 that has maturity. been replicated here. What I am reliably informed — and it makes sense to me because it is consistent with In fact during this committee stage I have been pulled every discussion I have had before with the people who up because in fact I was erring on the side of not have designed the system — is that we at every turn over-promising again. Do I actually have confidence want to make explicit that that consent is informed and that in fact we will deliver the aspiration? Yes, I do, but acknowledged on the way through in terms of the way I am not trying to overstate it. I am trying to build it, in which people would interact with the platforms that and this is what Service Victoria is doing. I think what we would build, but the notion of this definition that we have seen across the public sector more broadly is you have called out is because it has a broad application the maturity of these agencies that have believed up in the privacy act. In terms of the platforms that will be until now that they were not only the holder of the built under the Service Victoria model, we will work regulatory framework, they were the holder of datasets, assiduously on the basis of consent being direct and they were the holder of the customer relationship and conscious in terms of the way in which we would seek they had an in-built assumption that they could do it. to build the system. There has been an awakening to the opportunity that Service Victoria provides, and in fact not only would I Ms PENNICUIK — Thank you, Minister. I just hope that we will deliver but — going back to another want to go back to a couple of things you have question you asked me earlier on in relation to the mentioned in your responses to Mr Rich-Phillips. When connection with Salesforce and others and what is the we had some discussions about the bill earlier, a few pricepoint in relation to what an agency pays as distinct weeks ago, you or your staff mentioned there had been from what the central, whole-of-government capability 10 000-odd transactions and earlier you mentioned may be — we are confident that we can get better 30 000, so there have been more. You said that people pricepoints and better cost structures by seeing the had a choice and some had chosen to use Service public service or the public sector as a whole rather Victoria rather than an agency’s website. I notice on the than as an atomised series of agencies that may be very website that there are only a limited number of spasmodic in terms of the technical capability, the cost functions at the moment — it is about eight or 10 I structures and the containment of costs. We think we think that are there. I just wonder if there was can get the best of both worlds in relation to flexibility information collected as to whether people who went to in terms of acquitting statutory obligations and citizen an agency — Ambulance Victoria, for example, is one engagement while having a centralised but agile of them — elected not to go to Service Victoria. Is that approach to developing a platform. kept or is there any way of keeping that?
Dr CARLING-JENKINS — I just have a question Mr Jennings — Elected not to? around the issue of consent within this bill. Putting my disability hat on as I often do, as you know, Minister, Ms PENNICUIK — Yes. They were given a consent in this bill is defined as ‘express consent or choice. Has that been tracked? implied consent’. I am wondering if you can unpack the — To paint the picture across all of difference there for me, because in a couple of the later Mr JENNINGS clauses, such as 22 and 23, for example, this bill the agencies in terms of what is happening at the prohibits the collection and disclosure of information moment, it is an offer. Service Victoria appears as an unless the individual has consented. So can you just offer if you go to the existing agency website. The offer unpack for me how consent would be taken to be is: do you want to complete your journey now you are here on this agency website or do you want to do what implied — that is my particular concern — rather than is effectively an experiment and have a new expressly sought by Service Victoria? opportunity to complete the transaction? About Mr JENNINGS — Sorry, which clause has that one-third of people are choosing to do the experiment; ‘implied consent’? two-thirds are actually choosing to go through. Of the ones that go through the experiment, which is Service Dr CARLING-JENKINS — Clause 3 defines Victoria, the happiness factor with going through that consent as ‘express consent or implied consent’. I am channel as distinct from the existing channel is bounced just then tying it to later parts of the bill, so that is why I by 11 per cent across the platforms. am asking under clause 1. Ms PENNICUIK — Thank you, Minister. You did Mr JENNINGS — Unfortunately I feel as if I am answer my question. So about two-thirds are saying, entrapped by the phrase ‘implied consent’ as it appears ‘No, it’s okay; I’ll just go through Ambulance Victoria’
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or wherever they are at the moment. That is probably we were talking about before was VicRoads. VicRoads not surprising, but it is interesting that that information thought it had spent a heck of a lot of money trying to has been kept. make its very old system have an interface with customers of a high rate. That was actually very Mr Rich-Phillips was referring to your media release of difficult because of the way in which it was configured, 27 April, which I also mentioned in my contribution. the technology that was associated with it and the Service Victoria is going to take over the service precarious nature of even programming it, which meant function of some of these agencies, but one of the that VicRoads was spending a lot of money to try to answers to questions that your department sent to me, regenerate the whole system. It might have been easier which I also mentioned in my contribution, was that in to take all of the information and transfer it onto a terms of establishing the identity credential that modern system rather than trying to work its way information will not be stored by Service Victoria. In through. fact Service Victoria, as I understand it, will store minimal information, so the information will still be The reason I give that example is because now for stored by the agencies. Service Victoria is going to go VicRoads, with the potential for it to do collaborative to an agency and pull the information out; that is what work with Service Victoria and to use the extraction of the answer to the question says to me. It says: information model that we are offering, and in fact that offer, it means that the maintenance of their system is This information is not stored by Service Victoria, rather it is far less onerous than it previously has been. The same pulled directly from agencies in real time and has a high degree of security protection. thing applies to other agencies, so they will not have to invest in combination of the data collection with the So in terms of your $461 million rising to $713 million interoperability aspect of it because the interoperability and the cost of Service Victoria, the agencies will still aspect of it and the citizen-facing aspect of it will be have to maintain themselves and maintain this increasingly automated and applied through the Service information. My question is: how are you going to have Victoria platform. Their staffing and costs will be kept a cost reduction in the agencies that still have to hold to a minimum and they will then be able to use their the information that Service Victoria only pulls when staff to support people who have complex needs and the citizen goes there? complex engagement with the programmatic areas that those agencies are responsible for. Mr JENNINGS — I am hoping that we will actually come back and unpack the security reasons for Ms PENNICUIK — Thank you for that, Minister. I why this is a good method as well because there are think I grasp what is trying to be achieved here. We will benefits and the way that you have described the system see how it works out. I have a couple of questions is the way in which it technically works. So we will following on from that and using VicRoads as an come back to talking about security later because there example. In relation to the establishment of the is a benefit to it being extracted and used but electronic identity credential, which is going to be maintained where its authorising agency may be. established by Service Victoria — and this goes somewhat to clause 12 which, to remind you, allows What is correct in your question is that there will still that function to be transferred back to the agency, need to be a database and people to maintain that which is the verification function — we were talking database. Depending upon what type of service it is, it about VicRoads and I raise the example of VicRoads. may well be that over time administratively all you Mr Rich-Phillips talked about getting your drivers need to maintain it is in fact a registry and somebody licence renewed. Actually a drivers licence is a form of who maintains the database. Some functions in identity. People use a drivers licence to identify different agencies may be reduced to having IT themselves, to establish their identity, so VicRoads has equipment, data storage and whoever actually feeds in already established a person’s identity by virtue of information and maintains the record. But many having issued that person with a drivers licence. agencies will not have that because in fact there will be administrative functions or other policy development or Also, if you are going to renew your drivers licence, I programmatic functions that those agencies acquit that assume you would not be able to just do that online, actually use that information to be able to support the because you would have to go and have a new photo citizen or the customer in terms of getting about their taken and establish in some way that you are the right daily lives. person having the photo taken for the drivers licence. Births, deaths and marriages would probably be the We are trying to make sure that the cost of maintaining other agency where you obtain identity. It seems to me the data system is kept to a minimum. So the example
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that you would not want Service Victoria having to confirmation. You get the certificate, and then if you establish an identity with an agency like that. choose to use the certificate again, you can — it is your choice. You can use that certificate as your confidence Business interrupted pursuant to standing orders. level to engage with other services. Because the technology uses the identification in the way that I have Sitting extended pursuant to standing orders. just described, those agencies that are involved in Committee resumed. Service Victoria will have the confidence to know that that identity has been established and they will rely on Ms PENNICUIK — My question really is that it even though they do not have to have all of those five agencies that are already identity establishers should be pieces of evidence demonstrated at the time. The able to transfer that information to Service Victoria, certificate will do the work. rather than Service Victoria having to re-establish that and then tell the agency that. Ms PENNICUIK — Minister, I do understand what you are saying. I think you did not possibly quite Mr JENNINGS — In part that is true and in part understand what I was saying, which was that some of that is not true. The part that is true is that in fact drivers those agencies have already established someone’s licences at the moment are one form of identity, but identity. Certainly VicRoads in issuing licences, which usually they are not seen as a complete form. In fact as you have said are a form of identity but not a full there are other identifiers that are actually required to form of identity, have already established that. demonstrate someone’s identity. It may well be their Anyway, let us not labour that point. passport; it may well be their birth certificate; in fact, weirdly enough, it may be their gas bill. There might be One thing that you mentioned that I want to clarify was a whole variety of things that may be used cumulatively about guns in terms of VicPol being one of the through different agencies, and there may be different agencies. I raised this as a concern because you would requirements now to cumulatively demonstrate your be able to renew a firearm permit through Service identity — your mobile phone number, your picture, Victoria, but I was told that that would not be the case. other details such as your email address. There are a lot Can you confirm that? of things that are cumulatively used these days to Mr JENNINGS — I gave the example before about demonstrate identity. the complexities and the confidence level with which Ms Pennicuik — Yes, I know that, but — you would engage with public agencies, and I gave that as an example of the higher order identification and the Mr JENNINGS — Well, yes, but you have just regulatory environment for gun licensing. I think you interrupted the logic of where I was heading with this. and I would share the value that that should be very So there is no one source. It is a cumulative source of onerous and very direct and personally ascertained. I information that is used to provide that certainty and can confirm that it is not going to be. confidence over the identification, not one source. What we are actually saying is that to be able to establish an Ms PENNICUIK — Thank you. There is only one electronic identity credential at a point in time there will more question on clause 1 from me, Minister, and that be a number of sources provided to Service Victoria to is with regard to issues raised by Liberty Victoria. I demonstrate someone’s identity. Not all that think you have gone to some of it in your answers, but information will be kept by Service Victoria, but what it is about privacy and security. Perhaps just in a few they will keep is the information that at that point in short sentences: their issue is about the ability of people time there are enough identifiers available to prove going onto the Service Victoria website and logging in someone’s identity for the purposes of the engagement with a password or whatever when they are at a wi-fi with the state in relation to these matters. That will be place, and their concern is that other people can then kept once, and it will not be a combination of all of access that. What is your response to that? those. Mr JENNINGS — In terms of the security value What occurs in different agencies at the moment — and that I invited you to come back and ask me about I am sure this rings true to you — is that people keep before, one of the virtues of the system is that, first of photocopies, they keep facsimiles and they keep all, effectively our citizens choose how much of their different records of these identifiers, and they keep engagement with state agencies would ever be them unfortunately not always in pristine fashion and identified in one place in terms of the Service Victoria not often in a secure fashion. What we are talking about account that they enter into. But that only gives you, in here is a recognition of these levels of identity the first instance, the entry point to what type of licence
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or registration or permit they may have, not necessarily Mr JENNINGS — As clause 2 indicates, there is an any of the personal details about them beyond the fact opportunity to proclaim aspects of the bill prior to that. that they have that licence or they have applied for That is the outside date. some benefit. It will not actually give you any details of that, and the reason is that all the details that go behind Amendment agreed to; amended clause agreed to. that are stored, maintained and kept at the statutory agency that is responsible for that. Clause 3
In terms of the hacking experience, it will give you the Ms PENNICUIK — My question on clause 3 headings of what may be a licensing arrangement for a regards councils. Obviously ‘council’ has a meaning in citizen but not their details. That is one thing. That the Local Government Act 1989. I just wonder what would only be by the citizen’s choice as to whether services of councils will be included by Service there is anything that appears on this account, because Victoria and whether the government has had they can go back and just be a guest user if they choose conversations with the councils, because I spoke to a not to use the electronic identification certificate. There council the other day which did not know anything will never be any compilation of the headings of what about Service Victoria. their interaction with the state has been. Mr JENNINGS — Earlier on in the committee In terms of hacking at a more macro level, one of the stage we talked about the way in which we could build fun things that I have done in the last couple of years is confidence and capability about the service sector and go to Estonia, which has particular expertise in then how we could grow the network of services that cybersecurity. I learnt from Estonia the value of what may cross over with the responsibilities of local they describe as the X-Road, which, thinking about it, is councils. For instance, when I was talking to literally the x-road: the intersection of all these different Mr Rich-Phillips before about life cycle events I talked agencies that hold relevant information about citizens about babies being born. Maternal and child health that is never ever aggregated, so one agency does not services have a shared responsibility between the state get to see what another agency has. When the citizen and the councils, and that could be one of any number engages, the information is completely dispersed from of examples where there might be opportunities for one agency to the other, but when a hacker of great collaboration in the future. significance comes and tries to contaminate the In terms of scoping that work, the bill provides an Estonian economy or the Estonian community on a opportunity for us to scope that. Again, that is mass scale, they have monumental difficulty accessing something where we will continue to scope out what any information because it is all dispersed. They can those real-life situations are where there might be never get to a central location or a central consolidated crossover of responsibilities or shared benefit between information system. In terms of cybersecurity design, it state and local government. But ultimately, as you is a good design for that purpose as well. would appreciate, these things only work if you demonstrate a capability, you demonstrate a benefit and Clause agreed to. there is agreement to implement it. Clause 2 Ms PENNICUIK — Thank you, Minister. Just Mr JENNINGS — I move: briefly, I understand at least one council, perhaps others, are updating their own service delivery-type Clause 2, line 5, omit “1 March” and insert “30 September”. arrangements, so perhaps the conversations need to be entered into sooner rather than later. The effect of that is to change the operative date of the commencement of the legislation. Mr JENNINGS — I am one for building things and collaborating if I can, so I will take that as urging me Mr RICH-PHILLIPS — Thank you, Minister. The on. coalition does not oppose this amendment. Just to clarify, you indicated that the government’s intention is Mr RICH-PHILLIPS — I have a couple of to go live with Service Victoria on, I think you said, questions in relation to definitions. Firstly, on the 30 June. Does that remain the intention, definition of Service Victoria, this bill does not notwithstanding your setting a commencement date for establish Service Victoria as an entity; it sets the the legislation some three months later? framework around the operation of Service Victoria. The definition of Service Victoria refers to an administrative office under the Public Administration
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Act 2004 or the department responsible to the minister Mr JENNINGS — The reason why I was administering this act. It is curious that the bill does not encouraged to ask was in fact it tells us in the very establish Service Victoria. What is the government’s definition that you referred to. That is what I have been intention with the establishment of Service Victoria? Is reminded of, and I find it very funny that I was going to it an administrative office under the Public seek assistance, because it delineates what it means. As Administration Act or is it going to be part of the it is described here in the definition it is a process, a department? quality assurance and an appeals mechanism that relates to any of these functions: Mr JENNINGS — In terms of the development of the operating model of Service Victoria, there have (a) receiving an application or a request for an authority or been a lot of functions and activities — going back to official information document; the very first question you asked me, ‘What do we (b) receiving payment of any appropriate fee required to be intend to build in relation to Service Victoria?’ — that paid under an enactment in respect of an application or have fallen within my ministerial portfolio request for an authority or official information responsibilities. There were appointments and resources document; allocated within the Department of Premier and Cabinet (c) delivering an authority or official information to incubate and commence the work. It then has not document … been part of the department but has been one step removed from the department in terms of it focusing on So it is the practice that actually relates to all of those the establishing phase. functions — the guidance that would be created to make sure that that is acquitted responsibly and What this bill does is what a lot of bills do: it appropriately. It is reviewed to make sure that it meets establishes a delegated responsibility for a minister and customer needs, and if in fact there were some safety the CEO in relation to activities. That happens in lots of provisions in relation to it not being delivered properly, different settings. The statutory office-holder, the CEO, what remedy and what recourse people could actually has either the statutory powers or the obligations that undertake to get a desired result. are outlined within that responsibility regardless of the name or the structure of the organisation. That is not Mr RICH-PHILLIPS — Thank you, Minister. Just unusual. Our intention is to establish an administrative to clarify, the reference you made to the practice around office under the Public Administration Act, and that those things, is that contained in the bill or were you will be the intent of how we move to a mature referring to an information note? Is that set out as part governance and organisational structure around the of the bill? The scope of what we are talking about was work going forward. not clear to me.
Mr RICH-PHILLIPS — Thank you, Minister. The Mr JENNINGS — I was actually combining the definition of ‘customer service function’ on page 3 is definition of the customer service function which is fairly broad. It is this definition which triggers, in the included here with talk about the customer service subsequent clause we will talk about, the referral of standards, the way in which they would be developed services, functions, to Service Victoria. I guess what I and the responsibility of the CEO, which the bill am asking is: can you give us an example of what is a provides for. So that is actually outlined in later customer service function for the purposes of that provisions of the bill — about how they would be delegation, that order, that is going to be made — how undertaken and how we would expect them to be will it be described; what would be the description of a complied with. customer function — so we get a sense of the breadth of what is actually being transferred through the Clause agreed to; clause 4 agreed to. mechanism that is established in the next section? Clause 5 Mr JENNINGS — There is something that nicely Mr RICH-PHILLIPS — Minister, clause 5 is the describes that to me. I will turn around and get someone operative clause that provides for the transfer of to remind me where it is. customer service functions from the agency to Service Mr RICH-PHILLIPS — Would it be as simple as Victoria. There are a couple of things I am seeking something like an application for a drivers licence? Is clarification around here, which also goes back to the that a definition of what would be transferred? definition I just asked you about.
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Clause 5(5) provides that where a function is Mr RICH-PHILLIPS — Thank you, Minister. transferred to Service Victoria: That muddies the waters a bit. Is it your expectation that, if this legislation passes today and is enacted, (a) the customer service function is to be performed by the Service Victoria will make transfer agreements under Service Victoria CEO; and this provision with the agencies for the functions which (b) the service agency cannot perform the customer service are already on the beta platform? Is that the intention — function unless it is delegated to the service agency head that those agreements will be put in place as soon as under section 8. you get the bill?
So essentially a function which is transferred from an Mr JENNINGS — In terms of muddying the agency to Service Victoria can only then be undertaken waters, I am not quite sure which aspect muddied the by Service Victoria; it cannot be undertaken by the waters. I said we are going to try to make sure that we agency it originated from. Firstly, why is the can enter agreements and deliver the outcome for government seeking to ensure it only goes through citizens that we are wanting to introduce, but we do not Service Victoria and not through the sponsoring want to have the unintended or adverse consequences agency? of deserting the field too quickly and not being mindful of the residual desire. Mr JENNINGS — What it is actually saying is that if you make an agreement to transfer that responsibility, For instance, let us go back to the question it is transferred. Once it is transferred you do not run a Ms Pennicuik asked me before in relation to the dual-track system, but there is an ability to revoke an number of people who actually continue the journey on agreement. the existing website that they go to and whether they want to for some period of time keep on doing that. Mr RICH-PHILLIPS — Put that aside for Until there is an increased take-up rate or attractiveness 1 minute. We are not talking about revoking; we are of the offer from Service Victoria, you would not want talking about dual track. to prematurely move people beyond their threshold of Mr JENNINGS — Absolutely. What we are customer satisfaction or their potential confusion about actually saying is that once the transfer is agreed to, how they relate to other aspects of an agency’s then in fact there is not meant to be a dual track. That responsibility. We need to make sure that we sequence does not mean that the decision cannot be revisited, but and stage it correctly so that it is consumer led as much what it prevents is duplication of effort. as it is technology led and that it is a quality assurance end in terms of the overall engagement between a Mr RICH-PHILLIPS — Thank you, Minister. So citizen, an agency’s website or their service provision currently on the Service Victoria beta platform you and what Service Victoria can offer. We are pretty have got various functions around motor vehicle confident that the offer will be worthwhile, but we do registration which also exist on the VicRoads website. not want to necessarily ram it down anybody’s throat. With the passage of this legislation and the making of a We actually want it to demonstrate its capability and its transfer agreement — whatever the terminology of this desirability. Build it properly, and they will come. clause — will VicRoads need to remove those provisions from its website which currently allow Mr RICH-PHILLIPS — Thank you, Minister. If someone to directly renew a registration on the you accept the ‘Build it and they will come’ VicRoads website? philosophy, what is the reason for the agreements under proposed subsection (5)? You already have a number of Mr JENNINGS — We are in the business of doing services being delivered on the beta platform, which our job but hastening slowly in terms of how this would will continue to be there when we go live. You have take place. The formal transfer would only occur in the indicated you are not going to rush to make these circumstances that you have described if and when agreements under subsection (5). Why do we need the there was an agreement; if and when there was a clear agreements under subsection (5) at all? There are understanding about the capability of Service Victoria; already services being delivered in beta which will be if and when there was a circumstance where the other live. You spoke about a whole number of reasons just activities and the integrated platform and then as to why you would not rush to an agreement responsibilities of VicRoads could be disseminated under subsection (5). Why do we even need the from this function; and if that was not the case, then the provisions of subsection (5)? transfer would not take place.
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Mr JENNINGS — The issue is ultimately that a Mr RICH-PHILLIPS — Thank you, Minister. I mature decision to make a transfer will make it clear accept that, yes, there are different transactions within who has responsibility for acquitting those functions an agency and some may be transferred to Service into the future, but once a transfer takes place we are Victoria and some may not. But I am talking about a making it clear through this provision that we do not given transaction — let us use the example of a want a dual track. So within the structure of the registration renewal. There is always going to be a legislation, as I have reminded members, we have an proportion of the community who will want to renew ability to reach agreement and we have an ability to their registration in person or by telephone, as well as revoke an agreement, but once an agreement has been online. So for any given transaction that is transferred struck and until the time that it is revoked we are to Service Victoria there will be a residual proportion of making it clear that it is one-way traffic. the community that want to use those alternative platforms. By the structure that is in the bill, once an Mr RICH-PHILLIPS — Thank you, Minister. agreement is made under clause 5 that alternative That is a very important point — that once an pathway is not going to be available to those people. In agreement is struck we are making it clear that there is this case VicRoads is not going to be allowed to run a one path for traffic, which is via Service Victoria. The counter service or run a telephone service, because once reason I asked you earlier about the definition of the agreement is made the only party that can handle ‘customer service function’ is that very point — that registration renewals will be Service Victoria through once you have got that agreement, the only pathway is what we currently know as the website platform — the through Service Victoria. Now, as we have spoken public face and website. through the committee stage this afternoon, Service Victoria is the digital platform, with delivery through Mr JENNINGS — I cheekily asked my advisers what the public see as the website. How does that then whether we wanted to make government policy now accommodate people who wish to do face-to-face and we have decided not to. Sometimes, funnily transactions or telephone transactions — for every enough, it happens at the committee table, but service there will always be a proportion of the sometimes it does not. This is not going to be one of community who want face-to-face or telephone those occasions. But what I can say is that within the transactions — when as soon as an agreement is struck government decisions that have been made so far in the only pathway is through Service Victoria, which is relation to the easiest way to visualise this the digital currently only a website as far as the public is transactions would be the provisions that are most concerned? likely to be subjected to this provision.
Mr JENNINGS — Going back to something that Going back to conversations we had earlier in the day, we talked about an hour or so ago, we talked about the we estimate that about 20 per cent of citizens will fact that we do recognise that there will be citizens who continue to want to have a face-to-face, walk-up start or want to engage in that way. What we need to be able to telephone connection. In terms of our business model, account for are the types of transactions that are we are starting from the assumption that we can get appropriate to transfer. For instance, there might be 80 per cent of traffic onto digital, and digital will be the over time — in fact there already is — an engagement primary focus. And the agreements we are likely to with Victoria Police. If you want to register a party with enter into are of that nature. What it might mean for the Victoria Police, you can go to Service Victoria, but you service configuration in the future in terms of the other cannot get a gun licence. So there is a variety of aspects of face-to-face service delivery, that is the transactions that may be taking place within an element of government policy that I would be organisation such as Victoria Police where a transfer pre-empting because that is not something that the will take place, but some residual responsibilities will government or my colleagues have worked our way stay with an agency, depending upon its complexity or through. The clear expectation in the first tranche is for its degree of regulatory burden or responsibility. us to concentrate on digital.
In that sense I think we should see beyond necessarily Mr RICH-PHILLIPS — Thank you, Minister. I an entity level. We should look at what is the licensing understand the proposition you are putting, but again I or regulatory or payment structure, what is in fact the go back to the definition of ‘customer service function’, transaction that is transferred, and there may be a which does not distinguish between a digital transaction residual responsibility that is actually maintained within and a face-to-face transaction. Again, that is the reason an agency. It is not one size fits all in relation to what I asked about the definition when we were there — to that transfer may look like; it depends upon the profile understand what a customer service function is. In this of the programs that an agency runs. instance, if it is a renewal of a registration, the bill
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makes no distinction between one that is done digitally the power is there to do it, but we have not got the and one that is done face to face. So while the intent is clarity that you will do it. to get 80 per cent of the transactions digital and deal with the other 20 per cent later, the structure you are A related matter goes to Ms Pennicuik’s earlier putting in place with this legislation will treat them all question around councils as defined under the Local the same, and if an agreement is made they all have to Government Act 1989. The way clause 5 is structured, go through Service Victoria, which effectively cuts off it relates to an agreement being reached between the the 20 per cent that are not digital. minister responsible for Service Victoria and the minister for an agency. In this case an agency could be Mr Jennings — That is not our reading of the bill. a council, and the minister would be the Minister for Local Government. In theory this provision allows the Mr RICH-PHILLIPS — Can I take from that, Minister for Local Government to reach an agreement then, that it is your intention to make a distinction in the for the transfer of local government services to Service definition of ‘customer service function’ between a Victoria without reference to a particular local registration renewal which is done online and a government authority. It is an anomaly because most of registration renewal which is done by telephone and a the agencies that are referred to in the definitions registration renewal which is done face to face? section are those that are responsible to a minister, whereas local councils are not, of their nature, Mr JENNINGS — The answer that I gave you responsible to a minister, but the general application of when I came back is the best answer I am going to give this provision to local government could have that you. The primary focus in terms of the Service Victoria perverse effect, where the Minister for Local offering is the digital offering. Service Victoria, despite Government could reach agreement that certain its capability and how I have been pumping up its tyres, functions of certain councils are transferred to Service is actually by design meant to be a relatively lean Victoria. What comfort can you provide that the organisation in terms of its staffing profile. It is not provision which allows for that will not be or cannot be intended to actually be a large provider of face-to-face used in that way? services across the public sector. That would be changing the nature of what the intention of Mr JENNINGS — The structure and the intent of establishing Service Victoria is. What I have described this legislation has been for agreements to be struck and is more consistent with the way in which we would for them to be consistent with legislative requirements. visualise and implement the head of power that is In terms of how that plays out in the local government available to us under the bill. sector, you are quite right that the local government sector would, I think quite rightly, deserve some Mr RICH-PHILLIPS — Minister, perhaps I can comfort, if it is acquitting its statutory obligations, that ask you to provide an assurance to the chamber that in terms of its formal requirements to deliver services to where agreements are made under clause 5 any its citizens, somebody absent from that government customer service function will be defined only in terms authority will not make a decision to actually take that of online or digital functions, explicitly excluding the function away from it — which is what I understand the non-digital channels. question is in effect.
Mr JENNINGS — In clause 58 there is a head of The intention of the government is in fact that the power that actually provides for that distinction to be transfer would not occur without the agreement of the made and identified in regulation. agency, in this case the council, that would be Mr Rich-Phillips — Do you undertake to do that? responsible for those functions. Indeed we do not The power is there, but do you undertake to exercise the believe that we could delineate what their statutory power in that way? obligations may be and extract the customer service functions from them without the agreement of a Mr JENNINGS — What I am actually saying to council. you is that if there is a decision in relation to the public policy request that you are making of me, that is the In terms of how this plays out within the structure of mechanism by which that would be made. That would the bill, Mr Rich-Phillips is correct that in fact the be clarified at that time. transfer ultimately, because of the way in which the bill is constructed, would need to be ratified and agreed to Mr RICH-PHILLIPS — Thank you, Minister. I by a minister. There would need to be a process of am not sure that I am comforted by that. I accept that consultation of 28 days in relation to this, and as I was saying a few minutes ago, there would be regulations
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established to facilitate the transfer that would be Committee divided on clause: outlined in clause 58. They cumulatively would provide opportunity for the issues that Mr Rich-Phillips, in his Ayes, 24 worst-case scenario, may be concerned about to be Bourman, Mr Patten, Ms teased out through the process by which a Carling-Jenkins, Dr Pennicuik, Ms Dalidakis, Mr (Teller) Pulford, Ms recommendation may come from a council to the Dunn, Ms Purcell, Mr Minister for Local Government, who would then relate Eideh, Mr Ratnam, Dr (Teller) it to the minister responsible for Service Victoria. There Elasmar, Mr Shing, Ms would then be a public consultation process in relation Gepp, Mr Somyurek, Mr to the desirability of that outcome, and then there would Jennings, Mr Springle, Ms Leane, Mr Symes, Ms be a regulatory environment that sets it. Melhem, Mr Tierney, Ms Mikakos, Ms Truong, Ms There would need to be undertakings made at every Mulino, Mr Young, Mr step along the journey. In fact this scheme only works if the agency itself satisfies its statutory obligations and is Noes, 16 in agreement to it, otherwise the system would not Atkinson, Mr Morris, Mr Bath, Ms O’Donohue, Mr actually be able to proceed to maturity. If you want Crozier, Ms (Teller) Ondarchie, Mr some assurances that that is the way in which the Dalla-Riva, Mr O’Sullivan, Mr (Teller) scheme would operate, I am very happy to give that Davis, Mr Peulich, Mrs assurance. Finn, Mr Ramsay, Mr Fitzherbert, Ms Rich-Phillips, Mr Mr RICH-PHILLIPS — Thank you, Minister. I Lovell, Ms Wooldridge, Ms accept that that is the intent, but I am also of the view Clause agreed to. that that is not what the black-letter law says as to the way this provision could be used with respect to local Clauses 6 to 14 agreed to. councils. I think the committee draws a conclusion from the consultation that you needed to undertake and Clause 15 the extensive nature of that consultation that there is not Ms PENNICUIK — My question is with regard to clarity in the government’s mind about this provision, clause 15(d), which states the Service Victoria CEO is: notwithstanding the intent behind the black-letter law that is proposed. So it would be our view that the to assist the Minister to develop identity verification standards committee should oppose this clause. This does present to achieve a consistent and secure process to verify a risk to local government. It does not — identity …
Ms Pennicuik interjected. I would just like more information on that standard. What standard is the minister going to apply? Mr RICH-PHILLIPS — I am just watching Ms Pennicuik start to take notice of this provision. The ACTING PRESIDENT (Mr Elasmar) — In accordance with standing orders, I have to interrupt Ms Pennicuik — Well, I am taking notice of this business and report progress. provision. Business interrupted pursuant to standing orders. Mr RICH-PHILLIPS — In essence an agreement can be made between the Minister for Local Progress reported. Government and the Service Victoria minister to transfer a service function without the agreement of a ADJOURNMENT particular local government authority, purely because of Ms PULFORD (Minister for Agriculture) — I the way the bill is structured for other authorities but move: with a perverse structure as it applies to local government authorities. We believe this provision is a That the house do now adjourn. risk, and we also believe it is a risk by virtue of the lack of clarity around seeking to transfer only digital Murray Valley Highway, Strathmerton functions rather than other functions and the potential for gaps to be left where people are seeking face-to-face Ms LOVELL (Northern Victoria) (20:31) — My or telephone services. On that basis we will seek to adjournment matter is for the Minister for Roads and oppose the provisions in clause 5. Road Safety, and it is regarding the urgent need to reduce the speed limit on the Murray Valley Highway
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in the Strathmerton township. The action that I seek pedestrian crossing and refuge island in the middle of from the minister is that he direct VicRoads to reduce the Murray Valley Highway. Residents have described the speed limit on the Murray Valley Highway within this measure as a disaster waiting to happen. The issue the Strathmerton township to 60 kilometres an hour can be rectified without cost simply by a ministerial between 7.00 a.m. and 7.00 p.m. and extend the times direction. of the 40-kilometre-per-hour school zone limit at Strathmerton’s designated school bus stop to better Middle Gorge railway station reflect the arrival and departure times of school buses picking up and dropping off students. Mr ONDARCHIE (Northern Metropolitan) (20:34) — My adjournment matter tonight is for the For many years the residents of Strathmerton have Minister for Public Transport. I rise in regard to the passionately advocated for a reduction in the speed renaming of Marymede railway station on the Mernda limit on the Murray Valley Highway within the rail extension to Middle Gorge. The choice of the name Strathmerton township from 80 to 60 kilometres per Middle Gorge has caused major protest amongst a great hour during the day. The highway through the township majority of residents due to the fact that that location is has service roads that run adjacent on both the north several kilometres from the station. In fact there was a and south sides of the road, but the shops are on either front-page story in all three local newspapers recently. side of the road and there are a lot of pedestrians On the Facebook page ‘Extend the rail line to Mernda’, crossing the road as well as other activities, such as posts dated 2 and 3 April regarding the name change school buses dropping off and picking up students. reached over 31 000 people, received 596 comments Traffic entering and exiting the service roads has to and was shared 94 times, with almost all of the contend with very fast moving east–west traffic on the residents not being in favour of the name Middle Murray Valley Highway, as do the pedestrians. Gorge.
There are at least 12 school buses that collect school The name Middle Gorge is unfavourable to residents students in the morning and depart 10 minutes before for a variety of reasons. Middle Gorge is not where the the school zone limit of 40 kilometres per hour railway station will be located. Middle Gorge Park is commences. The same 12 buses drop off students in the approximately 2.4 kilometres from the railway afternoon after the 40-kilometre-per-hour school zone station — too far away from the actual physical limit ends. So on either side of the location of the station on Williamsons Road. Even if 40-kilometre-per-hour school zone time frames you you use a straight-line method, it is the equivalent of have all of these buses picking up and dropping off naming Flinders Street station as Fitzroy. students and a number of students getting in and out of cars and crossing roads. Those 40-kilometre-an-hour Middle Gorge is not a well-known location. Many school zone times need to be extended. residents who have lived in the local area for decades have written to say they have not heard of it. Judging All pedestrians, as I said, must navigate traffic from the hundreds of comments given by local travelling at 80 kilometres per hour. Resident Carolyn residents on both the ‘Extend the rail line to Mernda’ Ryan, who operates Cafe 3641, has told me of many and Whittlesea Leader Facebook pages, many more near collisions that have occurred around the have not either. The name Middle Gorge does not give intersection of the Murray Valley Highway and a good sense as to where the location is in Melbourne. Numurkah Road. Last month a young school student Visitors to the area may be aware of Plenty Gorge, but was nearly hit by a truck travelling at 80 kilometres per the name Middle Gorge is ambiguous. There was no hour after being dropped off by a school bus. Carolyn community consultation about the name Middle Gorge. also informed me that recently a car nearly hit another There have been many public information sessions, and child who was attempting to cross the Murray Valley at not one of them has it been said that Marymede Highway. Carolyn herself narrowly avoided a collision would be renamed. three weeks ago due to another vehicle travelling at 80 kilometres per hour through the town. Members of the Mernda rail community reference group have confirmed that no name change was I first raised this issue with the minister over 12 months discussed during any of their meetings. Residents are ago, in March 2017. I later received a reply saying upset that no-one has come forward to say who was VicRoads was monitoring the situation. No monitoring responsible for choosing the name Middle Gorge. Was occurred, and the issue was again raised with the it the department? Was it a politician? It certainly was minister in February 2018. The reply on that occasion not a member of the community. When the name stated that Moira shire was constructing a $50 000 Middle Gorge is googled, the address location given is
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Yarrambat, not South Morang. Many residents have ‘Underreporting means that this figure will not truly reflect found the name comical rather than something to be the extent of thefts from farms’, he said. proud of. Many suggest the name sounds like a locality ‘Livestock theft, in particular, is massively underreported’. in Middle Earth from Tolkien’s The Lord of the Rings. I am advised that at the community reference group A police officer in Warrnambool, Inspector Paul meeting the member for Yan Yean admitted she did not Marshall, is quoted as saying, ‘It’s big business’ — that like the name either. is, livestock theft.
Whilst criticisms of that station name were made, many The action I would seek from the minister is that she suggestions came forward for renaming the current listen to Federation University’s Dr Harkness and work South Morang station as Plenty Valley and renaming with the Chief Commissioner of Police to come up with Marymede station as South Morang — or naming it a plan to deal with the increase in livestock theft that is Mill Park Lakes or the Lakes after the estate close to it, impacting so many farmers and so many communities or even naming it Gordon after the local Gordons Road. right throughout Victoria, particularly given the high value of many of the stock that are stolen and the I want to thank the many members of the community impact that this has on so many rural and regional who have been involved. The name Middle Gorge is businesses, farming operations and the like. I make that deeply and undeniably unpopular amongst residents. I request of the minister. want to thank Darren Peters from the South Morang and Mernda Rail Alliance, Trevor Carroll from the Sunbury Road duplication Friends of South Morang, Dr Crystal Legacy from the school of design at the University of Melbourne, Daniel Mr FINN (Western Metropolitan) (20:39) — I wish Bowen from the Public Transport Users Association to raise a matter this evening for the attention of the and Neil Johnson from the Lost Mernda historical Minister for Roads and Road Safety. As this house group for their local advocacy. would be aware, I have been advocating for some years now for the duplication of Sunbury Road. As Sunbury The action I seek is for the minister to commence a has grown, as the Macedon Ranges has grown and process to halt the renaming, undertake significant indeed as Tullamarine airport has grown and the consultation with the local community and allow the employment rate there has increased beyond what we locals to choose a station name that better befits the ever thought it would, Sunbury Road has become a local area. pain in the neck.
Livestock theft An honourable member interjected.
Mr O’DONOHUE (Eastern Victoria) (20:37) — I Mr FINN — We will get to that in a minute, thank raise a matter for the attention of the Minister for you very much. The issue with Sunbury Road is made Police. It relates to livestock theft throughout Victoria. I worse, obviously, during peak hour. Morning and night note that the front page of the Weekly Times from last it is gridlocked, and sometimes in the morning in week says, ‘Fleeced: Stock theft surge is the tip of the particular it is blocked from the Tullamarine Freeway iceberg’, and reports that a staggering $1.5 million right back to past Bulla. That is of course a distance of worth of livestock has been stolen from Victorian farms some kilometres. I was absolutely delighted, since January last year in more than 221 incidents. The momentarily, when I heard on Sunday morning that the president of the Victorian Farmers Federation, Leonard minister had agreed to duplicate Sunbury Road. I Vallance, is quoted as saying: thought, ‘This is great news’ — until I found out that the section of Sunbury Road that the minister had Those guys (the agriculture liaison officers) are all very well decided to duplicate is largely already duplicated. intentioned but they haven’t got the resources …
Their other duties take priority over sheep theft. Honourable members interjecting. I want to quote from someone I think the minister will Mr FINN — You may well. This is going to be a listen to: Federation University’s Alistair Harkness. The super-highway in the future, all the way between Bulla same article says: hill and Sunbury, which is going to be just sensational. It is going to create one of the great bottlenecks of our Federation University’s Alistair Harkness, who is leading a time at the top of Bulla hill, and it will do nothing to study into farm crime, said underreporting of stock theft was a remove the bottleneck that we already experience major issue in Victoria, and current figures would just be the ‘tip of the iceberg’. where Oaklands Road comes into Sunbury Road and we have two lanes converging on one side and one lane
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converging on the other. We are stuck in a situation proposal to build a 500-hectare solar plant at that where this proposal by the minister will do nothing for location. The area is surrounded by pear-growing us at all. It will not ease the traffic congestion. It will orchardists. It is the pear growing capital of the world. not stop the bottlenecks. It is going to make things There is a dairy farm close by. There are apples dramatically worse in many ways. growing in that area. The group I have been dealing with are very concerned about locating a solar plant in I have to say that I am a bit bamboozled as to where the that area and the impact that it will have on the minister has got his information from. I am sincerely production of their farms. A solar plant obviously hoping that he has not received his information from attracts the sun, and they are very concerned about the the member for Sunbury in the Assembly, because that heat island effect that the solar plant will have on their would make him even worse than we had anticipated. I orchards and their production, particularly with the am asking the minister now to review his decision and dairy farm. They are very concerned that there has been to place that duplication at the appropriate points a lack of consultation in terms of the impact the plant between Bulla and the Tullamarine Freeway. would have on their farms.
The PRESIDENT — There was a touch of deja vu Those particular businesses in that district employ in that matter tonight. I am sure I have heard that hundreds and hundreds of people in their processing before, some Bottleneck Boulevard or something. plants in terms of both the picking and packing of very high value fruit and dairy products. They are concerned Mr Finn — There’s the single and the album. That that the impact the solar plant could have in terms of the was the album. local environment area could cause a severe decrease in The PRESIDENT — If the constituency question production, and that would put those hundreds and doesn’t work, an adjournment might. hundreds of jobs at risk. They are not against the solar plant as such; they just do not think it should be located Knoxfield dam on prime irrigated agricultural land. There has been $2 billion spent on the Goulburn-Murray irrigation Ms DUNN (Eastern Metropolitan) (20:43) — My district. It is a finite area that is there for irrigation. If adjournment matter is for the Minister for Planning, and the solar plant was shifted just 10 kilometres up the it is in relation to a site at 621 Burwood Highway, road, it would be located on non-agricultural irrigated Knoxfield. The land has been determined as surplus land and it would not have the same impact on the and is undergoing an assessment by the Government orchards and the dairies in that area. Land Standing Advisory Committee. The water body on the site is known as Lake Knox. Lake Knox is home The local businesses are not against renewable energy. to regionally vulnerable and endangered flora and the They are not against the solar plant at all. This solar endangered blue-billed duck. It has enormous plant is being located in the wrong place. The local biodiversity value and is well loved by the community. council did not want to make a decision on it so they have asked the minister to call in this particular The action I seek is that the minister ensure that Lake planning proposal. A panel meeting will be held on Knox is protected, along with the vulnerable and 14 May and will discuss the solar panels being located endangered flora and fauna, and is zoned public in that location, but I am calling on the minister to conservation and resource to ensure appropriate establish the proper guidelines and policies for the purpose and land use into the future. location of solar plants on agricultural land, because this one is in the wrong location. Lemnos solar plant Ballarat railway station precinct Mr O’SULLIVAN (Northern Victoria) (20:44) — My adjournment tonight is for the Minister for Mr MORRIS (Western Victoria) (20:47) — My Planning. The action I am seeking is that the Minister adjournment matter is for the attention of the Minister for Planning establish the appropriate guidelines and for Regional Development. Ms Pulford is in the policies in relation to the location of solar plants on chamber, which is very good. Belatedly work has prime irrigated agricultural land and agricultural land commenced at the Ballarat railway station precinct, but more generally. all is not well. Contamination on the site is well-known, and community members have contacted me with Over the last few weeks I have been dealing with a concerns that contaminated soil may well have been group of irrigators, orchardists and dairy farmers out in transported inappropriately from the site, potentially the Lemnos area near Shepparton in relation to a placing at risk the health of workers at the site and the
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community more broadly. Uncovered truckloads of soil budgetary process, have said that they are actually have been removed from the site, and those uncovered going to increase the fire services levy from a collection trucks have been losing significant amounts of material of $622 million in 2018–19 to $738 million in the as they drive off. I observed traffic controllers without 2021–22 year, but the cap only lasts until the 2019–20 any protective equipment standing in clouds of this budget. If anyone is confused, put your hands up, material as uncovered trucks left the site. This is most because I am confused, the Weekly Times is confused concerning, and I have had local residents report to me and in fact it is quite contradictory to what Mr Jennings the worsening of respiratory disorders with the said through that arduous committee stage that saw the commencement of these trucks removing this material. government have us sitting through Easter Friday in The community deserves answers on how on earth this committee stage on the fire services bill. was allowed to occur. The action I am seeking is that the minister provide I remind the house that this land at the Ballarat railway clarification to us all, and to the Weekly Times and their station was gazetted as a railway reserve on 11 October readers: does he actually mean there is a cap and there 1859. That is a couple of moons ago, 1859, and in that will not be any significant increase, or is the Weekly time many, many contaminants have been present at Times right in respect of what they say in their this site. It has been known for a long time that the soil headlines — that in fact there will be a $98 million on this site is contaminated. The concern that local blowout in the fire services levy which will have to be residents have raised with me is certainly well justified. paid by ratepayers that currently pay rates through their The action that I seek from the minister is that she local government? investigate and report back to the Ballarat community about why these trucks have transported this material Asylum seeker support uncovered and what potential adverse health impact this material may have had on the community and that she Ms SPRINGLE (South Eastern Metropolitan) provide an assurance that it will not occur again. (20:52) — My adjournment matter is for the Premier. Since 1993 the federal government has provided Fire services property levy limited financial support to asylum seekers while their claim for asylum is being considered. The Status Mr RAMSAY (Western Victoria) (20:49) — My Resolution Support Services (SRSS) program provides adjournment matter tonight is for the Minister for a basic living allowance, casework support and access Emergency Services, the Honourable James Merlino, to torture and trauma counselling. It is delivered by and it is with respect to the fire services levy. The not-for-profit agencies across Australia and is also used action I seek is clarification with respect to how the to support other vulnerable migrants in need. The levy will be levied, if I can use that word, in the years federal Department of Home Affairs has announced post 2018–19. changes to the SRSS program that will come into effect over the coming months. From 4 June 2018 SRSS I raise this, and I do it with trepidation because I want asylum-seeking recipients who are assessed as being to refer the chamber back to Good Friday, when we had job ready will commence exiting the program, losing all the in-committee debate on the Firefighters’ income, casework and allied supports. Accurate job Presumptive Rights Compensation and Fire Services readiness assessment for sustainable employment is Legislation Amendment (Reform) Bill 2017. At that very difficult to assess, and there are huge risks that time I asked Mr Jennings what impact the Metropolitan some of the most vulnerable people in our communities Fire Brigade (MFB) enterprise bargaining agreement will be made destitute as a result of these cuts. (EBA) and the potential 19 per cent increase in costs associated with that EBA would have on the fire In Greater Dandenong alone there are nearly services levy. I was assured by Mr Jennings — and I 2000 people seeking asylum and awaiting a decision. will check Hansard to substantiate this — that in fact The majority of these people will be affected by the Mr Merlino has seen fit to cap the fire services levy for changes to the SRSS program, and these people will two years so there will be no impact of the MFB EBA continue to face significant challenges in finding on the fire services levy which, as we know, is levied employment. Thousands more Victorians around the on all ratepayers who hold property. state will be affected. These people are some of the most vulnerable people in our community. An alliance What I find interesting is that the Weekly Times have of around 100 civil society organisations, including the said on their website that in fact there will be a blowout Refugee Council of Australia and the Australian of $98 million in the fire services levy because the Council of Social Service, is calling on the Australian government, in their normal smoke and mirrors government to urgently reverse their position on this
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issue. The action that I seek is that the minister that. The action I am seeking is that he intervene and advocate on behalf of some of the most vulnerable progress these overdue FOI claims. people in Victoria to the federal government and seek to reverse these savage cuts. The PRESIDENT — Can I clarify which minister this is going to? Freedom of information Ms FITZHERBERT — The Special Minister of Ms FITZHERBERT (Southern Metropolitan) State. (20:54) — My adjournment matter is for the Special Minister of State. It is in relation to an issue that I have North Melbourne public housing estate previously raised with him in questions without notice and on other occasions, and that is freedom of Ms CROZIER (Southern Metropolitan) (20:56) — information. The minister has indicated previously that My adjournment matter is to the Minister for Housing, concerns about freedom of information should be raised Disability and Ageing, Mr Foley, in the other place, and with him and that he would do his best to intervene. On it relates to a rather concerning matter, I have to say, in the basis of that, I want to raise a few things with him. relation to some public housing apartments at 159 Melrose Street, North Melbourne. My office has I have a number of FOI applications that have been contacted on a number of occasions by a resident languished in a very, very slow process. One in who is in the public housing apartments in Melrose particular with the Department of Health and Human Street, North Melbourne, because he has been very Services is in relation to 332 Park Street and their frustrated by an issue that has concerned him and which maintenance reports. This one has been with the has directly affected him — that is, bed bugs. department since January. I paid for access charges some two months ago, and at the moment I am unable He has been dealing with the tenancy management, and to get that information. after some time he did get his apartment and a number of other apartments fumigated. He then raised the issue There are another two that I would like to refer to as again after going through a whole range of issues that well, which are to the Department of Education and he needed to deal with, such as spraying his clothes, Training. Both applications are in relation to the Albert getting dry-cleaning done and really trying to fumigate Park master plan, the first of which went in in his apartment. Apparently the Department of Health December last year. The one that went in in December and Human Services has now fumigated the block of last year has been in the noting period for longer than a apartments four times but the problem has not been month, which is not satisfactory. It has been unable to eliminated. There is a very unacceptable situation be removed from that process to date. There is another where you have got some very vulnerable people who that is in relation to the tram bridge extension on are living in a housing facility with bed bugs that have Bourke Street. This went in in November last year. I infested the property, and according to Mr Blazely the granted two extensions and it has been rescoped, and department has acknowledged that there is a problem yet it is still in a noting period that it seems will go on and they have still got a pest controller going in every for a small eternity. Wednesday but their fumigating and pest control process has not worked. I raise these with the minister, having sought through a range of ways to progress these claims. I have In the words of this resident: maintained contact with the various FOI officers who I have tried to talk to ministers Foley and Hennessy about this have been in charge of them and it has changed over problem but they seem to have their ‘Do not disturb’ signs up. time. He is incredibly frustrated by the lack of action by the An honourable member interjected. department and by the ministers in acknowledging that there is a problem with this infestation of bed bug pests, Ms FITZHERBERT — I am indeed on a and he believes that the whole process has been first-name basis. I have been flexible in terms of mishandled. Therefore the action I seek is that the rescoping. I have allowed for extensions, a couple in minister investigate why the pest control program is not several instances, and yet there seems to be a persistent working and what more can be done so that the go-slow in relation to these matters. If the minister elimination of these pests can be undertaken and those wants to contact me or my staff directly and get more residents living at that property do not have to put up specific information about how these applications may with seriously less than satisfactory residential housing be identified and progressed, I am happy to assist with which is infested with bed bugs and other pests.
ADJOURNMENT
1552 COUNCIL Tuesday, 1 May 2018
Hazelwood Pondage The PRESIDENT — I have indicated to Ms Springle that I had some concerns with a matter that Ms BATH (Eastern Victoria) (20:59) — My was raised as an adjournment item that was simply adjournment matter this evening is for the Minister for seeking one of our ministers to write to a federal Energy, Environment and Climate Change, the minister and advocate a position. I have made some Honourable Lily D’Ambrosio in the other place. It rulings on this in the past. I invite Ms Springle to relates to the body of water known as the Hazelwood rephrase the proposition that she made. We have the Pondage. The action that I seek from the minister is that context for the matter. I ask her to provide me with a she work with Engie and she work with a variety of different action. community groups and organisations such as, but not limited to, Yinnar and district progress association, the Asylum seeker support Latrobe Valley Yacht Club, the Hazelwood Pondage Caravan Park and others to ensure that these groups Ms SPRINGLE (South Eastern Metropolitan) continue to be able to use the pondage long into the (21:03) — Thank you, President. The action that I seek future and that it is not drained and removed from the is that the Premier establish services for asylum seekers site. to replace the current commonwealth Status Resolution Support Services program. Hazelwood Pondage has been around for over 50 years, and it has been part of that landscape and a well-used Mrs Peulich — On a point of order, President, was and well-loved asset. Generations of people have used the matter raised for the attention of the Premier to it for recreational purposes such as water sports, begin with? canoeing, swimming and recreational fishing. The Latrobe Valley Yacht Club holds a regatta every The PRESIDENT — Yes, it was. Sunday and has done for 50 years. Sailability is an Responses all-ages, all-abilities program in which people with disabilities are taken out on the lake. They engage in a Ms PULFORD (Minister for Agriculture) most wonderful manner out on the lake. It is a very (21:03) — We caught that the first time round. I have valuable program. A number of people stay at and adjournment matters from 12 members: Ms Lovell, enjoy the facilities of the Hazelwood Caravan Park, and Ms Bath, Mr Ondarchie, Mr O’Donohue, Mr Finn, of course they spend money in our local area in the Ms Dunn, Mr O’Sullivan, Mr Morris, Mr Ramsay, Latrobe Valley. Certainly the Yinnar township benefits Ms Springle, Ms Fitzherbert and Ms Crozier. I will from having the Hazelwood Pondage there. It has a present those matters to the relevant ministers for a huge social, economic and emotional benefit for many response. people there. I also have written responses to adjournment matters Engie has three options on the table as part of raised by a number of members on various dates which rehabilitating the mine, the power station and the I will not read out. pondage. Their three options are as follows. One, retaining the existing water body as a cold lake, because The PRESIDENT — The list of those responses we know that the Hazelwood power station has been will be distributed. On the basis of those responses, the turned off and the water is no longer heated. It needs to house stands adjourned. be an ongoing maintenance and management arrangement with regulators in place — that is, Engie House adjourned 9.04 p.m. until Tuesday, 8 May. would transfer that information and the requirements around that pondage to another body. Two, partially drain the lake and establish a wetland, and that is all very well and good; however, it removes the ability for anybody to access that lake for recreational pursuits. Three, remove the pondage wall and drain the contents as a whole. This is not completely decommissioning it. This is their preferred option, and I ask the minister to work with the community to retain that long into the future.
WRITTEN RESPONSES TO QUESTIONS WITHOUT NOTICE
30 March to 1 May 2018 COUNCIL 1553
WRITTEN RESPONSES TO QUESTIONS WITHOUT NOTICE
Responses have been incorporated in the form provided to Hansard and received in the period shown. 30 March to 1 May 2018
Flemington public housing jobs program
Question asked by: Ms Truong Directed to: Minister for Agriculture Asked on: 8 March 2018
RESPONSE: I thank the Member for her question and her interest in the government’s employment programs through Jobs Victoria.
I note that the Ms Truong’s Parliamentary colleague, the Member for Melbourne, Ms Sandell has also asked the same question regarding performance measures and indicators on the Jobs Victoria Flemington project to the Minister for Industry and Employment, the Hon Ben Carroll. Accordingly, I provide Minister Carroll’s response to this question here in full:
What performance measures or indicators will be implemented to measure the success of the Flemington Public Housing Estate jobs program.
Key objectives and measures of the project include increasing employment amongst the local working-age population; increasing local labour market demand (number of jobs); improving the systems which match labour market supply and demand and improving education participation and outcomes.
The project aims to place 150 estate residents in sustainable employment, 50 students in school-based traineeships with Victoria Police and the health sector, and to establish at least 20 new resident-owned and operated businesses.
The project will support culturally and linguistically diverse residents, the long term unemployed and women with pre-school age children by providing access to long-term, secure employment, high quality training, including English language classes, TAFE and university courses, mentoring and study support through Jobs Victoria partners.
It will also leverage job opportunities provided through the Major Projects Skills Guarantee and the government’s major pipeline of infrastructure projects, including the $11 billion Melbourne Metro Rail Tunnel project and through partnerships with large and local businesses and sporting clubs. Since the project’s launch in late January, six residents have already been placed into employment by the project and the recruitment process has commenced to identify school-aged young people with an interest in careers in Victoria Police and VicHealth. A new volunteering initiative has also commenced — with the skills gained such as leadership, entrepreneurship and community participation to be matched with job opportunities for residents.
I would also like to make reference to an African-Australian enterprise owned by Ms Haida Komba, her mother and sister — all residents of estate, when the project is supporting, through business capacity building, to find secure and meaningful employment. As featured recently on ABC Melbourne news, it’s a relevant case study for the project and the 150 residents we aim to support.
This is what this project is all about — a strengths-based approach to create economic prosperity and inclusive growth. A key indication of the project’s success will be the extent to which the residents are engaged and empowered through microfinance and social enterprise initiatives, the number of industry and employment partnerships leveraged and a more sustainable model developed to deliver lasting change.
With regards to Ms Truong’s supplementary question regarding extending the Jobs Victoria program to other public housing estates:
WRITTEN RESPONSES TO QUESTIONS WITHOUT NOTICE
1554 COUNCIL 30 March to 1 May 2018
The government is delivering a range of place-based approaches across the state through Jobs Victoria, including projects in Dandenong, Broadmeadows, Moe and Norlane. A Shepparton-based Jobs Victoria project, the Algabonyah Employment Partnerships program is addressing challenges around Aboriginal employment and prosperity in the region by placing 75 Aboriginal jobseekers into work, working closely with employers and industry, and with strong support from the Goulburn Regional Partnership as a regional priority.
The government is supporting many place-based initiatives to address complex social and economic challenges through Regional Partnerships which identity regional priorities through regular community consultation. We are supporting inclusive jobs and business growth though initiatives such as the G21 Region Opportunities for Work (GROW) project, which has leveraged 72 jobs and employment pathways for people from the areas of Corio, Norlane, Whittington and Colac. At the end 2017, the GROW project’s 9 percent growth in local procurement equated to $23.8 million in economic output for the region.
The government welcomes discussion around new opportunities and innovative approaches to support jobs, business development and local procurement to improve social and economic outcomes for those most unrepresented in the economy.
Our approach is to drive sustainable employment and economic outcomes for those who are experiencing the highest levels of social and economic disadvantage in the state — including public housing estate residents — and for the government, community and business sector to work in partnership as part of a joined-up approach.
I thank Ms Troung for her question and the opportunity to report on the government’s important work in this area.
Fire services property levy
Question asked by: Ms Patten Directed to: Special Minister of State Asked on: 28 March 2018
RESPONSE:
The forgone revenue relates to the $50 Fire Services Property Levy concession available to property owners who currently receive council rates concessions in respect of their principal places of residence. It does not relate to the assets of the Catholic Church.
Kangaroo pet food trial
Question asked by: Mr Young Directed to: Special Minister of State Asked on: 28 March 2018
RESPONSE: On Friday 30 March 2018, I announced that Victoria’s Kangaroo Pet Food Trial has been extended for a further 12 months. A further extension of the trial will allow time to better understand how sustainable Victoria’s kangaroo management activities are under the trial and to see whether changes to monitoring, regulation and compliance will address the issues that were identified during the trial evaluation.
The Kangaroo Pet Food Trial will continue until 31 March 2019 in a total of 16 local government areas.
Professional shooters and pet food processors can continue to harvest and process kangaroo carcasses as per the conditions of the trial until the trial ends in 2019.
WRITTEN RESPONSES TO QUESTIONS WITHOUT NOTICE
30 March to 1 May 2018 COUNCIL 1555
Federation Square
Question asked by: Dr Ratnam Directed to: Minister for Small Business Asked on: 28 March 2018
RESPONSE TO SUBSTANTIVE QUESTION:
The development of Australia’s first ever Apple Global Flagship Store at Federation Square will support Federation Square in delivering it’s Civic and Cultural Charter. The creation of more public space, extensive landscaping and better access to the river will enable more people to enjoy this renowned civic and cultural hub.
RESPONSE TO SUPPLEMENTARY QUESTION:
The Victorian Government will continue to collaborate with Fed Square Pty Ltd to review and provide input to its activities in line with the Civic and Cultural Charter.
North Richmond playgroups
Question asked by: Ms Crozier Directed to: Minister for Early Childhood Education Asked on: 28 March 2018
RESPONSE:
The Andrews Labor Government is committed to reducing the harm associated with alcohol and drug use and in particular reduce the incidents of public injecting in North Richmond. This is why we have committed to trial a Medically Supervised Injecting Room in the North Richmond area.
I am advised that following consultation, the quickest way to do this was to refurbish an internal area of the existing North Richmond Community Health building. This transitional facility is expected to be operational at this location until mid-2019 when operations will move to a purpose built facility in the area.
I am advised that this transitional facility will have a separate entrance and exit to the other services being delivered from the North Richmond Community Health Centre, including the playgroups.
As part of the Government’s record $202.1 million Education State Early Childhood Reform Plan: Ready for kinder, Reading for School, Ready for Life, we have invested $22.3 million to expand supported playgroups across the State.
I am advised that Yarra Council has established a supported playgroup at North Richmond Community Health and this playgroup will continue to operate from within the Health Centre in a new area and new room.
The playgroup run by the Vietnamese Women’s Association will also continue to operate from within the North Richmond Community Health Centre, in a new area and new room.
Further, I am advised that a playgroup operated by Save the Children will continue to operate within close proximity to the health service at a suitable location. I understand that the North Richmond Community Health Centre has worked with Save the Children to find a suitable location.
The legislation is clear that the Medically Supervised Injecting Room trial must be at the North Richmond Community Health Centre site at 23 Lennox Street, North Richmond.
The location of the purpose built facility on the site was chosen to have the least impact on neighbouring residents, businesses, families and service users.
It is anticipated that by mid-2019 all community groups who used rooms in the Health Centre will be able to return to the Health Centre.
WRITTEN RESPONSES TO QUESTIONS WITHOUT NOTICE
1556 COUNCIL 30 March to 1 May 2018
Electorate office staff
Question asked by: Ms Wooldridge Directed to: Special Minister of State Asked on: 29 March 2018
RESPONSE:
I did not direct Mr Hitchcock to make calls and organise volunteers in Carrum and as I understand it he was engaging people within my electorate of South Eastern Metropolitan Region about issues that they cared about.
I understand that Mr Hitchcock worked from various offices and locations in my electorate of South Eastern Metropolitan Region.
Electorate office budgets
Question asked by: Ms Wooldridge Directed to: Minister for Corrections Asked on: 29 March 2018
RESPONSE TO SUPPLEMENTARY QUESTION:
The Victorian Ombudsman has tabled her report into matters concerning the 2014 election campaign.
In her observations, the Ombudsman notes that the Members of Parliament involved in the staff pooling arrangements acted in good faith and derived little or no personal benefit from the use of parliamentary funds in this way.
She makes no recommendations that action be taken against anyone involved in these arrangements.
In the interests of public confidence, the Premier requested that the State Secretary of the Victorian Branch of the Australian Labor Party reimburse, in full, funds expended through the staff pooling arrangements.
We support all of the Ombudsman’s recommendations and will ensure the Parliament is provided with all the support required to implement them.
Container deposit scheme
Question asked by: Ms Springle Directed to: Special Minister of State Asked on: 29 March 2018
RESPONSE:
The Andrews Labor Government is working closely with local government and industry to respond to global market changes from China’s new trade restrictions. This includes a $13 million short-term assistance package for councils and industry to support kerbside household recycling services.
We are also developing a strategic plan that will focus on what we can do to ensure we have a resilient recycling industry in Victoria in the medium to long-term. We are consulting closely with stakeholders on this and will consider all information arid proposals available.
South Australia and New South Wales both have container deposit schemes and are still experiencing the impacts of China’s trade restrictions. Furthermore, New South Wales has received significant criticism in implementation of its container deposit scheme for delays, cost blow outs, lack of access and litter around collection points.
We will continue to monitor those container deposit schemes to understand the benefits and costs of their models, including how they might translate to Victoria.
WRITTEN RESPONSES TO QUESTIONS WITHOUT NOTICE
30 March to 1 May 2018 COUNCIL 1557
In the meantime, our government has been investing at record levels in programs to develop markets for recovered resources, facilitate private investment in resource recovery infrastructure, and educate households and businesses about how to better manage waste. The 2016-17 and 2017-18 state budgets provided $53.4 million over five years to improve waste and resource recovery management. This brings the government’s total Sustainability Fund expenditure to over $600 million over the forward estimates. In comparison, the previous Coalition Government approved less than $15 million in new Sustainability Fund spending over their four years in government.
Recently, we asked all Victorians for their views on how we can manage plastic pollution in Victoria. We received over 8000 submissions. We are working through them and expect to publish the consultation report soon.
1558 COUNCIL
ANSWERS TO CONSTITUENCY QUESTIONS
30 March to 1 May 2018 COUNCIL 1559
ANSWERS TO CONSTITUENCY QUESTIONS
Answers have been incorporated in the form supplied by the departments on behalf of the appropriate ministers and received by Hansard in the period shown. 30 March to 1 May 2018
Western Victoria Region
Question asked by: Mr Ramsay Directed to: Minister for Roads and Road Safety Asked on: 6 February 2018
ANSWER: I acknowledge that there have been traffic delays in Barwon Heads during the recent summer peak holiday period. These delays may have increased due to the recent installation of pedestrian crossings on and adjacent to Barwon Heads Road. The new pedestrian crossings were installed following extensive community consultation and have improved safety and access for pedestrians during the peak holiday season. It was recognised at the time that some additional delays to vehicles travelling through this area would occur. VicRoads has advised me it is currently reviewing traffic data collected within Barwon Heads over the recent peak holiday period to determine if any adjustments can be made to the current arrangements.
Western Victoria Region
Question asked by: Mr Ramsay Directed to: Minister for Roads and Road Safety Asked on: 7 February 2018
ANSWER: The Andrews Labor Government is investing $109 million to reduce congestion and improve pedestrian and cyclist safety in Drysdale, and across the Bellarine Peninsula. Improving pedestrian and cyclist safety is a key benefit of the Drysdale Bypass. Children will be able to walk or ride safely to their schools and nearby sporting precincts. VicRoads advise that signalised intersections installed as part of the project will provide controlled pedestrian crossing points, and a pedestrian underpass below the bypass will provide access to schools without having to negotiate bypass traffic. The Bypass will incorporate the upgrade of two intersections to use traffic lights. These intersections will ensure the high traffic demands during summer and peak periods can be managed, providing a more reliable travel experience for our growth areas across the Bellarine.
Western Metropolitan Region
Question asked by: Mr Finn Directed to: Minister for Roads and Road Safety Asked on: 7 February 2018
ANSWER: The CityLink Tulla Widening project is scheduled to be completed by mid year. The section between Bulla Road and the City has been opened since December 2017. The community will begin to see a staged opening between Bulla Road and the airport between now and mid-year, when the project is due for completion. As works are completed, new lanes will be opened. On the 25 February, an additional lane was opened inbound between Melrose Drive and Bulla Road.
ANSWERS TO CONSTITUENCY QUESTIONS
1560 COUNCIL 30 March to 1 May 2018
To minimise impact to motorists, works were undertaken at night when traffic was lightest. This allowed us to maintain the existing capacity and ensured the Tullamarine Freeway was open to traffic each day.
Safety is our primary concern. During construction, we are reducing speed limits as traffic conditions change, which helps to protect motorists and our workers.
Eastern Metropolitan Region
Question asked by: Mr Leane Directed to: Minister for Health Asked on: 7 February 2018
ANSWER: The Andrews Labor Government’s new $10 million Maroondah Breast Cancer Centre will bring together the best breast screening, breast cancer treatment and supportive care services under one roof for women in Melbourne’s east. BreastScreen Victoria and Radiation Oncology Consultation services will be provided from the new facility, along with Eastern Health’s Diagnostic Breast Imaging, Interventional Breast Imaging, Medical Oncology, Breast Care Nurse Consultation, and Wellness/Support Care Consultation.
Construction of the centre is complete and the centre is expected to open to the public in early April 2018.
A key election commitment, co-located on the Maroondah Hospital site, the centre will provide improved, world class services closer to home for up to 25 000 additional women in the eastern suburbs.
Eastern Metropolitan Region
Question asked by: Ms Wooldridge Directed to: Minister for Police Asked on: 8 February 2018
ANSWER: The Andrews Government is committed to ensuring that Victoria Police has the powers and resources it needs to reduce harm in the community and keep Victorians safe.
Our record $2 billion investment is delivering 3135 new sworn police officers over the next five years, on top of attrition, to ensure communities have the police they need, when they need them. Victoria Police has developed a new and sophisticated Staff Allocation Model (SAM) to determine how many police are needed and where.
In 2018-19, this investment will see 825 new police officers hit the streets, including an additional 61 officers to the Diamond Creek division that includes Banyule and Nillumbik. This includes 12 family violence specialist roles, which will assist Police tackle this issue head on and free up existing police to focus on other crime. This allocation builds on the 45 additional police officers allocated to the division in 2017-18.
As reflected in the latest data published by the Crime Statistics Agency (CSA) for the year ending 31 December 2017, the Government’s commitment to effectively resource Victoria Police is showing results. CSA data shows that crime across Eltham, as well as the Nillumbik and Banyule Local Government Areas (LGAs) has decreased. The number of offences recorded in the Nillumbik LGA and Banyule LGA have decreased by 26.7 per cent and 4.3 per cent respectively.
Under the Andrews Government, the Community Crime Prevention program has funded five grants, totalling $49 471, in the Nillumbik LGA. A total of eight grants were funded in the Banyule LGA, totalling $50 038. These grants have funded a range of crime prevention initiatives and programs promoting community safety in the area.
The Government will continue to work with the Chief Commissioner to tackle complex law and order challenges and give police the resources they need to keep the community safe and to drive down high harm crime.
ANSWERS TO CONSTITUENCY QUESTIONS
30 March to 1 May 2018 COUNCIL 1561
Southern Metropolitan Region
Question asked by: Ms Crozier Directed to: Minister for Planning Asked on: 20 February 2018
ANSWER:
Plan Melbourne 2017-2050 sets a policy direction to increase density and activity in established areas currently serviced by existing public transport networks, employment opportunities and infrastructure. Elsternwick has been identified as a major activity centre and suitable to accommodate additional growth.
Glen Eira City Council has recently adopted the Elsternwick Activity Centre Structure Plan to provide certainty for stakeholders about the level of change and type of development that can be expected in Elsternwick. The council has undertaken community consultation during preparation of the structure plan. The council is now in the process of preparing a planning scheme amendment to implement the structure plan as part of the Glen Eira Planning Scheme. This process includes public exhibition and the right for any person to make a submission.
Southern Metropolitan Region
Question asked by: Ms Pennicuik Directed to: Minister for Roads and Road Safety Asked on: 20 February 2018
ANSWER:
VicRoads has investigated this matter and identified that modifications to the Kings Way and Park Street intersection will occur as part of the Melbourne Metro Rail Authority’s (MMRA) Network Enhancement Project. This includes the following changes at the south west corner of the intersection and to the existing zebra crossing:
– Signage improvements to raise awareness of the pedestrian crossing as motorists approach it; and
– Reduction in the width of the left turn slip lane from Kings Way into Park Street, to decrease the speed of vehicles approaching the zebra crossing.
VicRoads has advised that these improvements were completed by early March 2018, to create a safer walking environment for pedestrians using this crossing.
Eastern Metropolitan Region
Question asked by: Ms Dunn Directed to: Minister for Roads and Road Safety Asked on: 21 February 2018
ANSWER:
The North East Link will be designed and constructed to enable the use of High Productivity Freight Vehicles (HPFV) along its route, extending from the M80 in the North to Springvale Road.
Given this, the completion of the North East Link will open up access for HPFV, including A-Double trucks, via the M80 ring road east of the Hume, via the North East Link, Eastern Freeway between Bulleen Road and Springvale Road and EastLink to the M1 Interchange and beyond.
ANSWERS TO CONSTITUENCY QUESTIONS
1562 COUNCIL 30 March to 1 May 2018
Western Metropolitan Region
Question asked by: Mr Melhem Directed to: Minister for Roads and Road Safety Asked on: 21 February 2018
ANSWER: The Victorian Government is building the West Gate Tunnel Project to address some of Melbourne’s biggest transport and planning challenges. If these challenges are not addressed, there will be significant impacts for Melbourne’s west. The West Gate Bridge already carries around 200 000 vehicles every day — in less than 15 years that number will soar to around 250 000. That’s tremendous growth in the Western Metropolitan Region and it’s only going to increase. Without the West Gate Tunnel Project, road network performance in Melbourne’s west will deteriorate significantly with widespread congestion and delays. Travel times between the west and the Port of Melbourne or the inner north will be much longer. For example, a trip from Werribee or Melton to the inner north will be at least 20 minutes slower than it is today. As Victoria’s economy continues to grow, so too does the Port of Melbourne’s freight task, which is expected to triple by 2050. Truck volumes are forecast to increase by up to 9000 a day on the West Gate Freeway and West Gate Bridge, with large increases also expected on Francis Street and Buckley Street. The city centre and inner north will be affected, as more trucks will be accessing North Melbourne via Dynon Road and travelling from the Port to the West Gate Freeway via Wurundjeri Way. Population increases in the west are some of the highest in the nation. Taken together, the poor performance of the west’s road network will reduce access to workplaces, schools and hospitals. A continuing decline in travel times and reliability on the freight network will also increase costs for businesses. For the rest of the State, poor access to the Port of Melbourne will reduce the competitiveness of Victoria’s exports and undermine Melbourne’s position as Australia’s premier freight and logistics hub. By 2031, the impact of an overstretched bridge will be felt right along the M1 corridor, from Geelong to Pakenham. Without an alternative to the bridge, Melbourne will grind to a halt. This is why we’re getting to work on the West Gate Tunnel Project now, to change the way people and freight move around Melbourne and preserve our city’s world-renowned liveability.
Eastern Metropolitan Region
Question asked by: Ms Wooldridge Directed to: Minister for Roads and Road Safety Asked on: 21 February 2018
ANSWER: The upcoming community workshops are just the beginning of the North East Link Authority’s commitment to face-to-face engagement in 2018. Other opportunities to get involved in the first half of the year include participating in their Community Liaison Groups and stakeholder working groups, or attending one of the upcoming community drop-in information sessions. The first series of community workshops will focus on three conversation streams — urban design, walking and cycling, and your environment — following feedback from local communities in a survey filled out by more than 7000 residents. The second series of community workshops will continue after Easter. These sessions will help the Authority to have more in-depth conversations with communities about specific design challenges and opportunities. ANSWERS TO CONSTITUENCY QUESTIONS
30 March to 1 May 2018 COUNCIL 1563
Eastern Victoria Region
Question asked by: Ms Shing Directed to: Minister for Roads and Road Safety Asked on: 21 February 2018
ANSWER: The installation of safety barriers in the Latrobe Valley and South Gippsland is part of the Andrews Labor Government’s Towards Zero Road Safety Strategy and Action Plan, which aims to reduce the number of lives lost on Victoria’s roads to less than 200 and the incidence of serious injuries by 15 per cent by 2020. The rollout of this initiative began in late 2016 and will continue through to 2020.
VicRoads advises me that accurate crash records are not available until at least six months after a crash occurs. As such, less than one year of crash records are available since the rollout began and are insufficient to determine the extent to which flexible safety barriers have reduced the number of crashes, serious injuries and fatalities. However, I understand that figures of barrier hits in 2017 are available. This data shows that barriers in eastern Victoria were hit around 169 times last year, which means 169 potentially serious or fatal crashes avoided. Every barrier that has been hit is a life potentially saved or serious injury avoided. Crash statistics are available to the public at https://www.vicroads.vic.gov.au/.
Northern Victoria Region
Question asked by: Ms Lovell Directed to: Minister for Roads and Road Safety Asked on: 22 February 2018
ANSWER: In recognition of pedestrian safety and speed issues in Strathmerton, VicRoads has been working with the Moira Shire Council to resolve this issue. In 2016, the Andrews Labour Government funded a $50 000 pedestrian crossing on the Murray Valley Highway in Strathmerton, under the Building our Regions funding program. The Council is delivering the works, which are currently in the design phase. The works are expected to be completed by May 2018, and will include a refuge island to protect pedestrians when they cross the Murray Valley Highway in Strathmerton. Once works are completed, VicRoads will monitor the location to evaluate the effectiveness of this safety improvement measure and determine if a speed limit review is needed.
The start and finish times of schools vary considerably across Victoria. The implementation of school speed zones between 8:00am and 9:30am means that 99 per cent of Victorian students are entering school gates at the time when the reduced speed limits are in operation. Similarly, the application of school speed zones between 2:30pm and 4:00pm ensures that the reduced speed limits are in place at the time that 95 per cent of Victorian students are leaving the school gates.
Southern Metropolitan Region
Question asked by: Ms Pennicuik Directed to: Minister for Roads and Road Safety Asked on: 22 February 2018
ANSWER: VicRoads has advised it is aware of the concerns raised and following its investigations has taken immediate action to implement temporary solutions at this location and is now working towards a permanent solution.
In the temporary case, the following changes have already been implemented to make the crossing safer:
– Amended the line marking to make the stop lines more visible – Modified the pedestrian crossing lines to dashes
ANSWERS TO CONSTITUENCY QUESTIONS
1564 COUNCIL 30 March to 1 May 2018
– Removed the central lane lines between the pedestrian crossing and the stop lines – Moved the stop line further west – Installed temporary traffic island barriers with additional signage – Repositioned the lanterns on signals – Installed additional signage on the signal poles for vehicles to stop at red lights – Removed the gawk screens in area to increase sight distance
The proposed changes which are currently being assessed for the permanent case include: – A new traffic signal arrangement – Changing locations of traffic signals – Altering the location of traffic islands – Changing traffic lantern types
Eastern Victoria Region
Question asked by: Mr O’Donohue Directed to: Minister for Roads and Road Safety Asked on: 22 February 2018
ANSWER:
Speed limits are set to provide an appropriate balance between safety and mobility, with consideration given to factors such as the number of access points along the route, the nature of the road environment, adjacent speed zones, road user types and safety history.
VicRoads receives many requests for speed limit reductions and assesses them against its Speed Zoning Guidelines. These guidelines are used to ensure that a consistent and credible system of speed zoning is applied across the state.
The Andrews Labor Government is also committed to a Safe System approach to achieve improved road safety outcomes that involve better vehicle safety, creating a safer and more forgiving road environment, having more compliant road users and appropriate travel speeds. The Safe System approach recognises that humans will make mistakes, and that the road network should be designed so that road users are not penalised with death or serious injury when they make mistakes.
VicRoads advises me that it has reviewed the speed limit on Wellington Road between Narre Warren East and Clematis, taking into account the above criteria, and found that the current speed limit of 100 km/h is appropriate for this section of road.
Western Victoria Region
Question asked by: Mr Purcell Directed to: Minister for Roads and Road Safety Asked on: 6 March 2018
ANSWER:
I thank the Member for Western Victoria for his question asking about road works in Port Fairy in early March.
I am advised that 980 metres of the Princes Highway was resurfaced through Port Fairy, in time for the Folk Festival. The local work crew were out of the town on Thursday morning, well ahead of visitors arriving on Friday.
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Eastern Metropolitan Region
Question asked by: Ms Wooldridge Directed to: Minister for Public Transport Asked on: 7 March 2018
ANSWER:
The Hurstbridge Line Upgrade Project and Mernda Rail Extension will enable new and more frequent rail services to these growing areas of Melbourne. The Hurstbridge project involves duplicating the section of single track between Heidelberg and Rosanna to improve the frequency and reliability of rail services in Melbourne’s north-east corridor.
The design, construction, commissioning and timetable development activities associated with new rail infrastructure means that there is generally a significant amount of time required to deliver service upgrades on the heavy rail network.
Accordingly, improvements on the Hurstbridge line are being delivered in two stages, with an initial set of service upgrades already delivered in August 2017. The second stage timetable will be implemented following completion of the infrastructure upgrades and will be announced once full details of the changes have been confirmed.
Eastern Metropolitan Region
Question asked by: Ms Dunn Directed to: Minister for Planning Asked on: 7 March 2018
ANSWER:
The former Boronia Heights Secondary College was located on the Mount View campus and this site is now surplus to the Department of Education and Training needs.
This site is nominated as one of the six trial sites that will be redeveloped to provide high-quality, affordable homes under the Inclusionary Housing Pilot program, delivering up to 100 new social housing homes across the six sites.
The site, which comprises 8.05 hectares of public land, was chosen for its large size, location and access to local services, jobs and public transport. Work is now progressing to put this site to market.
Proposed planning changes for all Inclusionary Housing Pilot sites are being reviewed by the independent Government Land Standing Advisory Committee. In accordance with its terms of reference, the advisory committee considers the suitability of the proposed Neighbourhood Residential rezoning and any overlay for each site in line with the relevant planning scheme and State and Local Policy Frameworks. The advisory committee may also consider matters such as the protection of native vegetation, parking requirements, and open space contributions in line with current development requirements. It is outside the scope of the advisory committee to review the decision that a subject site is surplus to government needs.
In November and December 2017, the advisory committee sought public feedback on the planning proposal to consider the appropriate future use of the site, including the development of housing. A three-day public hearing was held in February 2018 where anyone who had made a written submission was invited make a verbal submission. A total of 67 submissions were made to the advisory committee, but not all submitters requested to be heard at the public hearings.
Public feedback from the panel hearing process will inform recommendations the advisory committee provides in its report back to me. I will consider this feedback when deciding on the proposed planning changes.
Following my decision on the proposed planning changes, design concepts for the redevelopment of 40 Mount View Road, Boronia will be sought through an Expression of Interest process. Interested developers will be invited
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to partner with community housing providers to submit innovative design concepts that incorporate an inclusive mix of social and private housing which offers high-quality design and amenity.
Design concepts will be short-listed and released for public consultation, with public feedback informing the final design selected for development.
Northern Metropolitan Region
Question asked by: Ms Patten Directed to: Minister for Planning Asked on: 7 March 2018
ANSWER:
The former HM Prison Pentridge is of historical, architectural, archaeological and aesthetic significance to the State of Victoria and is included on the Victorian Heritage Register under the provisions of the Heritage Act 2017.
The former prison was sold by the Victorian Government in 1999 for redevelopment. The southern part of the site is currently owned by Future Estate, while the northern part of the site is owned by the Shayher Group.
In 2006 a permit was issued by Heritage Victoria to the former owner of the southern part of the site and required a covenant establishing a museum as part of D Division. The museum is to occupy D Division’s single storey bluestone entry wing, the exercise yard and eight cells.
In 2015 Future Estate took ownership of the southern section of the site and negotiated an extension to the completion date for the museum. It is understood that Future Estate now intends to sell D Division.
I am advised by Heritage Victoria that the museum must be delivered as part of any future redevelopment of D Division. Taking this requirement, I do not think it necessary for the Victorian Government to re-acquire D Division.
While a permit has been issued by Heritage Victoria allowing some limited residential development in parts of the former exercise yards of D Division, I do not consider that this would be an appropriate site for public housing.
Northern Victoria Region
Question asked by: Ms Symes Directed to: Minister for Tourism and Major Events Asked on: 7 March 2018
ANSWER:
The Benalla Wall to Wall Festival 2018 was held from 9 to 12 March 2018. I am pleased to advise funding was provided from the Victorian Government for the Festival, which comprised of funding allocations from Creative Victoria and the Regional Event Fund.
During the Festival, I understand twenty street artists, including local artists, and artists from around Australia, the USA and Malaysia, painted the town walls of Benalla. Benalla was transformed into an outdoor art gallery featuring 22 murals, a wooden re-creation of a milk bar, a paint-by-numbers interactive community event, walking tours, inflatable sculptures and street art workshops.
Visitors to Benalla can view the street art not only during the three days of the Festival, but year-round, as the street art remains after the Festival is over.
An economic impact analysis of the 2018 event is still to be completed, but I welcome and acknowledge the 2017 results.
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The 2017 economic impact of the Festival was calculated by determining the number of visitors who visited Benalla specifically to see the street art, and then calculating the per person spend by those visitors in Benalla. In 2017, it was estimated that a total of 5800 visitors attended the Festival, of which 4487 non-residents of Benalla specifically visited for the Festival. This is an impressive number for a town that had a population of just under 14 000 at the 2016 census.
The total estimated economic impact over the three days of the festival was $418 232.
I understand the estimated total economic impact over the four months following the festival was calculated to be $2.153 million and $5.920 million over the 11-month post festival period.
Whilst the total number of specific jobs created as an outcome of the Festival has not been calculated, the high visitation numbers would suggest that food, beverage, hospitality, accommodation and event hiring companies in and around Benalla have all gained economic benefit from the staging of the event and, in turn, so have their employees.
Eastern Victoria Region
Question asked by: Ms Bath Directed to: Minister for Agriculture Asked on: 7 March 2018
ANSWER:
Your question is relevant to supply from both the plantation industry and native forests.
The bushfire events of January and February 2009 resulted in widespread damage to private and public forests. HVP alone lost 16 500 hectares of plantation. This included 4650 hectares of pine in Gippsland. Other companies also lost plantations in these fires. These losses have affected the resource currently available to local timber businesses. The plantations have been replanted but it takes time to grow plantations to maturity.
With regard to the native timber resource, VicForests is a State-owned enterprise established under the State Owned Enterprises Act 1992 and is responsible for the sustainable harvest, regeneration and sale of timber from Victoria’s public forests on behalf of the Victorian Government. VicForests is obliged to ensure that wood supply from our native forests is sustainable. Changes in the resource base such as those created by changes in zoning, fire or the consideration of species such as Leadbeater’s possum have a considerable impact on future sustainable harvest levels. VicForests adjusts the supply of timber to account for changes in resource availability and sustainability.
The reduction in timber availability for the Heyfield Mill to which you refer came as a result of VicForests’ 2017 Resource Outlook, which forecast ash sawlog supply at a level of 153 000m3 per annum in the short term decreasing to 130 000m3 per annum from 2020-21 onwards. This supply level represents a medium term decrease of 88 000m3 per annum since the 2013 Resource Outlook. This reduction is attributed to a range of factors, with the key factor relating to actions to protect the Leadbeater’s Possum.
The Government is committed to supporting Victorian jobs and industries, Over 21 000 people are directly employed in the forestry industry in Victoria. Many of these jobs are regionally based and the Victorian government has invested in a number of initiatives to support regional development and jobs. The Victorian Government acted to provide certainty for jobs in the timber industry and the town of Heyfield by purchasing the Australian Sustainable Hardwoods (ASH) Heyfield timber mill and enabling it to continue.
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Eastern Victoria Region
Question asked by: Mr O’Donohue Directed to: Minister for Education Asked on: 8 March 2018
ANSWER:
Investment in education and school infrastructure is a priority for the Andrews Labor Government. This has been demonstrated through our last three State Budgets that have delivered the largest ever investment in Victorian school infrastructure, and we have now allocated more than $2.8 billion to build, upgrade and maintain schools across the State. This funding means that 64 new school projects are now in the pipeline which will come online in the next few years.
I note that in the previous Liberal Government’s final budget, not one dollar was provided for new school land.
Regarding the provision of a new secondary school in Pakenham, the Premier, Hon Daniel Andrews MP, Daniel Mulino, Member for Eastern Victoria and I visited John Henry Primary School in Pakenham on 13 March to announce a $236.8 million investment to purchase land for 14 new school sites across Victoria.
I am pleased to advise that this included funding to acquire a site for a secondary school in Pakenham. Thank you for your party’s belated interest in school provision in Pakenham.
Western Victoria Region
Question asked by: Mr Ramsay Directed to: Minister for Sport Asked on: 8 March 2018
ANSWER:
Providing high quality sport and recreation facilities in Victoria is a key aim of the Andrews Labor Government, and is integral to increasing participation opportunities and enhancing the health and wellbeing of all Victorians.
Stage One of the Drysdale Sports Precinct was based on the Drysdale Clifton Springs Cultural and Community Hub Sub-Regional Sports Precinct Master Plan (April 2011). This stage of the project includes a premier football/cricket oval, multi-use sports field, sports lighting to 100 lux, cricket nets, relocatable pavilion, car parking and fence at a cost of $6 726 000. Stage One is completed and officially opened on 17 March 2018.
The Master Plan has a further two stages to be undertaken, neither of which identifies a swimming pool. However, as part of common municipal planning processes, the City of Greater Geelong would need to consider the impact of the Drysdale Bypass on the future sporting requirements for the growing population of Drysdale and Bellarine communities.
Thank you for raising this matter with me and I trust this information has been of assistance to you.
South Eastern Metropolitan Region
Question asked by: Ms Springle Directed to: Minister for Roads and Road Safety Asked on: 27 March 2018
ANSWER:
As part of the Environmental Effects Statement (EES) process a Traffic Impact Assessment (TIA) is being prepared. The TIA will include details on the current and future traffic volumes and travel times for both the Mordialloc Freeway and the surrounding network. The TIA will be released as part of the EES public exhibition in late 2018.
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Western Victoria Region
Question asked by: Mr Ramsay Directed to: Minister for Education Asked on: 27 March 2018
ANSWER:
I am advised that the Victorian School Building Authority (VSBA) has been working with the Catholic Archdiocese of Melbourne for some time in relation to the Archdiocese’s purchase of the former Bannockburn Primary School site.
There has been no delay to the opening of the St Mary MacKillop Catholic Primary School on the former Bannockburn Primary School site, which relocated to its new site at the beginning of 2018 thanks to a $1m grant from the Andrews Labor Government. Significant work by the Archdiocese and the VSBA enabled the refurbishment of the existing buildings and the opening of the St Mary Mackillop Catholic Primary School from the commencement of Term 1 2018.
Final procedures to transfer ownership of the site to the Archdiocese are ongoing and expected to be complete later in the year. However, this will not affect school operation.
I encourage you to spend more time in your electorate rather than peddling misinformation in Parliament.
Western Victoria Region
Question asked by: Mr Morris Directed to: Minister for Energy, Environment and Climate Change Asked on: 27 March 2018
ANSWER:
The 2017 tree removal at the Ballan Recreation Reserve was funded under the Victorian Government’s Public Safety on Public Land program in consultation with the Ballan Recreation Reserve Committee of Management. The works are part of a broader plan to remove old cypress trees which border the reserve.
The Department of Environment Land Water and Planning (DELWP) are currently working with the Ballan Recreation Reserve Committee of Management to prepare a funding application for further tree removal. The application will be independently assessed as part of the state wide public risk funding process and outcomes will be known in July 2018.
If the 2018 funding application is successful, the timing of the works will be coordinated to meet the needs of reserve users, the community, the successful contractor and rail authorities. The committee of management and DELWP will continue to liaise with the community of Ballan to ensure public safety remains a priority.
Southern Metropolitan Region
Question asked by: Ms Fitzherbert Directed to: Minister for Energy, Environment and Climate Change Asked on: 27 March 2018
ANSWER: Release of the draft master plan was authorised from 20 November 2017, when it was released on Engage Victoria. The plan was not released publicly prior to that date.
Parks Victoria did not receive any submission or proposal from the State Sports Centre Trust seeking to extend into Albert Park Reserve.
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Southern Metropolitan Region
Question asked by: Ms Crozier Directed to: Minister for Public Transport Asked on: 27 March 2018
ANSWER:
It is extraordinary that the Member for Southern Metropolitan would complain about car parking at Ormond, Carnegie and Glenhuntly train stations, given that she voted in Parliament to block extra car parking being provided.
An approved development at Ormond train station would have provided 600 car parks, including for commuters. The Greens complained this was too many car parks, and the Member for Southern Metropolitan voted with them to revoke the planning approval.
More than 400 extra car parks are being provided along the corridor between Caulfield and Dandenong as part of the project to remove nine level crossings and rebuild five train stations, including Carnegie. Again the Member for Southern Metropolitan voted in Parliament to attempt to revoke the planning approval for this project and the car parks it provided.
The former Liberal Government did not remove a single level crossing on the Frankston line. In stark contrast, the Andrews Labor Government is removing 13 and has funded more than 5000 new car parking spaces at regional and metropolitan train stations across the state.
Northern Victoria Region
Question asked by: Mr Gepp Directed to: Minister for Sport Asked on: 28 March 2018
ANSWER:
Sport and active recreation plays an important part in the lives of Victorians. It provides settings for social interaction, sharing common interests, achieving personal bests and community inclusion.
Sporting clubs play a big part in shaping and supporting local communities. Being part of a club provides a socially valued role for participants and creates a sense of community membership.
The Sporting Club Grants Program contributes to the Victorian Government’s sport and recreation policy priorities and provides a single entry point for community sport and active recreation clubs to access funding that will assist in addressing a range of barriers to community participation right across the state.
I am delighted to inform you that the following clubs from northern Victoria were successful in their applications for funding under the 2017-18 Sporting Club Grants Program, Round 2:
– Barham Koondrook Cricket Club
– Cobram Football Netball Club
– Merbein Football Netball Club
– Shepparton Soccer Club
– Shepparton Swans Football Netball Club
– Echuca Basketball Association
– Echuca Junior Football Club
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– Kyabram Bowls Club
– Cobram Pistol Club and
– Ultima Football Netball Club
Sport and Recreation Victoria, within the Department of Health and Human Services, will be in contact with the aforementioned clubs shortly regarding funding arrangements for the above activity.
Western Metropolitan Region
Question asked by: Mr Melhem Directed to: Minister for Education Asked on: 28 March 2018
ANSWER:
Thank you for your continued advocacy on behalf of the people of Melbourne’s west, particularly on matters relating to education. The Andrews Labor Government has a strong and ambitious agenda to grow educational opportunities for all Victorians. With an allocation of more than $2.8 billion to school infrastructure over the past three State Budgets, this investment delivers the largest overall education package on record to Victoria’s schools.
In the 2017-18 State Budget, $13.8 million was allocated towards the design and construction of the first stage of Truganina East P-9 School. Stage 1 comprises the administration building, general purpose classrooms and landscaping.
I am advised that the new school project is well underway, an architectural firm and a builder have been appointed, with works scheduled to be completed in readiness for the school to open for Term 1, 2019.
Enrolment information, along with the appointment of the school principal, is expected to be made available during Term 3, 2018.
Eastern Victoria Region
Question asked by: Ms Bath Directed to: Minister for Agriculture Asked on: 28 March 2018
ANSWER:
The Government has committed $110 million for investment in plantations and will ensure that this significant, long-term initiative derives maximum value for Victoria’s forest industry and community. Achieving this outcome requires very careful consideration and planning.
Southern Metropolitan Region
Question asked by: Mr Davis Directed to: Premier Asked on: 28 March 2018
ANSWER:
The Victorian Ombudsman has tabled her report into matters concerning the 2014 election campaign. In her observations, the Ombudsman notes that the Members of Parliament involved in the staff pooling arrangements acted in good faith and derived little or no personal benefit from the use of parliamentary funds in this way.
The Ombudsman has made no recommendations that action be taken against anyone involved in these arrangements.
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The Government accepts the Ombudsman’s view that there are competing interpretations of the relationship between Section 30 of the Parliamentary Administration Act 2005 and the Members Guide, and that any confusion should be resolved swiftly.
The Australian Labor Party Victorian branch has previously acted to reimburse, in full, funds expended through the staff pooling arrangements.
The Ombudsman recommends that the Parliament consider giving greater clarity to the role of electorate office staff and improve transparency around the expenditure of MP allowances. The Government is already taking a number of steps to make the Parliamentary allowance system for MPs more transparent and accountable — something the previous Coalition Government refused to do.
Labor fully supports all of the Ombudsman’s recommendations and will ensure the Parliament is provided with all the support required to implement them. This is in stark contrast to the Coalition and the Greens who refused to allow the Ombudsman to look into their staffing arrangements.
Western Metropolitan Region
Question asked by: Mr Finn Directed to: Minister for Public Transport Asked on: 28 March 2018
ANSWER:
Once again the Member for Western Metropolitan joins his Liberal colleagues to stand in opposition to the removal of the dangerous and congested level crossing at Buckley Street, Essendon.
We all know that the majority of locals in Melbourne’s north west support this project.
The Liberal Party has recently demonstrated its willingness to play political pointscoring. In stark contrast, the Andrews Labor Government continues to demonstrate its determination to deliver on its election commitments. We promised to remove the dangerous and congested Buckley Street level crossing; work began last December, and the boom gates are expected to be gone by the end of 2018.
South Eastern Metropolitan Region
Question asked by: Mrs Peulich Directed to: Minister for Multicultural Affairs Asked on: 28 March 2018
ANSWER:
It is vital that all Victorian students have access to high quality languages education so they are equipped to participate in an increasingly globalised, multilingual world where the ability to communicate in and across languages has never been more important.
As Minister for Multicultural Affairs I recognise the importance of migrants and the children of migrants having the opportunity to speak the language of their country of origin and to celebrate their cultural and linguistic heritage.
The question raised relates to the Victorian curriculum which is the responsibility of the Victorian Curriculum and Assessment Authority and I understand that the authority is working closely with members of the Greek community on the question of Greek language education.
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Eastern Metropolitan Region
Question asked by: Ms Wooldridge Directed to: Minister for Public Transport Asked on: 29 March 2018
ANSWER:
I thank the Member for Eastern Metropolitan for her continued interest in the Andrew Labor Government’s investments along the Hurstbridge line as we are planning ahead — and delivering — more long-term solutions for the north east.
The $588 million Hurstbridge Line Upgrade will improve the frequency and reliability of services across Melbourne’s north east. By removing a significant bottleneck on the Hurstbridge line, services can be optimised, with flow-on benefits for the South Morang/Mernda line.
The Level Crossing Removal Authority is currently undertaking a construction blitz to remove two level crossings at Grange Road in Alphington and Lower Plenty Road in Rosanna, build a second track from Heidelberg to Rosanna, and build a new Rosanna Station.
As previously stated, the 2017-18 Budget provides approximately $5 million for planning and development for the second stage of the Hurstbridge line upgrade, with a focus on addressing the single track between Greensborough and Eltham. Early planning is underway for the second stage of the Hurstbridge line upgrade to run more trains, more often to and from Eltham.
Detailed planning and development work to determine the benefits of track duplication between Greensborough and Eltham is ongoing. As you are aware, critical environmental, geographic and heritage considerations are prevalent through this area and the Andrews Labor Government is committed to ensuring all investigations are thorough and robust before committing to additional duplication works. Necessary station upgrades to improve the passenger experience will also be taken into consideration during the planning period.
The Andrews Labor Government and the Treasurer will hand down the 2018-19 Budget on 1 May 2018.
Northern Metropolitan Region
Question asked by: Ms Patten Directed to: Minister for Energy, Environment and Climate Change Asked on: 29 March 2018
ANSWER:
In November 2017, the Andrews Labor Government announced that it had negotiated rebates with AGL, EnergyAustralia and Origin for approximately 285 000 customers on the highest priced default deals, known as ‘standing offers’.
Your constituent, Graham Habgood, does not indicate who his energy retailer is or the type of offer he is on. Nevertheless, he may be eligible for a rebate if his energy provider is either AGL, Origin Energy or EnergyAustralia and he is on a standing offer. Mr Habgood would need to confirm his eligibility with his retailer.
I understand that AGL and Origin Energy commenced paying the rebate to eligible customers on bills issued from 1 January 2018. EnergyAustralia has indicated to me that it will commence paying the rebate to eligible customers shortly, with payments backdated to 1 January 2018.
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Northern Metropolitan Region
Question asked by: Dr Ratnam Directed to: Minister for Public Transport Asked on: 29 March 2018
ANSWER:
I thank the Member for Northern Metropolitan for her interest in the Andrews Labor Government’s level crossing removal program. As you know, the Level Crossing Removal Authority has been tasked with removing 50 level crossings. To date we’ve removed 17, with another 11 currently under construction, including the dangerous and congested level crossing at Camp Road, Campbellfield.
A month-long construction blitz late last year saw the Camp Road level crossing consigned to history. The road is now open and the trains again running along the Upfield line in Campbellfield.
Minor works and landscaping will continue through the early months of 2018.
This project has allowed for the possibility of future infrastructure improvements in the area, including a second track on the Upfield line between Gowrie and Upfield stations; the widening of Camp Road to allow for cycling and automobile traffic growth; a potential future station at Campbellfield; and the Upfield bicycle path extension.
Northern Victoria Region
Question asked by: Mr O’Sullivan Directed to: Minister for Education Asked on: 29 March 2018
ANSWER:
Swimming and water safety education is part of Health and Physical Education in the Victorian Curriculum. This ensures that all Victorian children have the opportunity to develop basic swimming and water safety competency, and reduce their risk of drowning and injury.
In addition to the $9.2 million already invested in the Swimming in Schools initiative in the 2017-18 Budget, the Andrews Labor Government has announced a further $9.8 million for schools over the next two years. As with the previous allocation of funding, schools will be able to determine how they use the funding to best meet the needs of their students.
Victorian government schools are also allocated funding through the Student Resource Package to support implementation of the curriculum.
The Parent Payment Policy is governed by the Education and Training Reform Act 2006 which provides for free instruction of the standard curriculum to all students in government schools. This ensures that all students can participate in the standard curriculum program, regardless of a parent’s ability to pay for educational costs. Schools may request parent payments for pool entry and transport.
Eastern Metropolitan Region
Question asked by: Ms Dunn Directed to: Minister for Roads and Road Safety Asked on: 29 March 2018
ANSWER: The North East Link is still in the early design stage and the assessments for the Environment Effects Statement (EES) are being conducted.
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The EES will consider the potential impacts on waterways and floodplains within or intersecting the North East Link project area. The North East Link Authority (NELA) is working with water authorities, local government and interested community and environment groups to protect local character and identity.
Southern Metropolitan Region
Question asked by: Mr Davis Directed to: Premier Asked on: 29 March 2018
ANSWER:
The Victorian Ombudsman has tabled her report into matters concerning the 2014 election campaign. In her observations, the Ombudsman notes that the Members of Parliament involved in the staff pooling arrangements acted in good faith and derived little or no personal benefit from the use of parliamentary funds in this way.
The Ombudsman has made no recommendations that action be taken against anyone involved in these arrangements.
The Government accepts the Ombudsman’s view that there are competing interpretations of the relationship between Section 30 of the Parliamentary Administration Act 2005 and the Members Guide, and that any confusion should be resolved swiftly.
The Australian Labor Party Victorian branch has previously acted to reimburse, in full, funds expended through the staff pooling arrangements.
The Ombudsman recommends that the Parliament consider giving greater clarity to the role of electorate office staff and improve transparency around the expenditure of MP allowances. The Government is already taking a number of steps to make the Parliamentary allowance system for MPs more transparent and accountable — something the previous Coalition Government refused to do.
Labor fully supports all of the Ombudsman’s recommendations and will ensure the Parliament is provided with all the support required to implement them. This is in stark contrast to the Coalition and the Greens who refused to allow the Ombudsman to look into their staffing arrangements.
Eastern Victoria Region
Question asked by: Ms Bath Directed to: Minister for Education Asked on: 29 March 2018
ANSWER: Swimming and water safety education is part of Health and Physical Education in the Victorian Curriculum. This ensures that all Victorian children have the opportunity to develop basic swimming and water safety competency, and reduce their risk of drowning and injury.
All Gippsland government primary, special and Catholic primary schools have already received funding towards the cost of swimming and water safety education, and this year, the funding contribution will increase.
As part of the 2017-18 State Budget, the Andrews Labor Government allocated $9.2 million over three years to support Victorian government and Catholic primary schools to deliver swimming and water safety as per the requirements of the Victorian Curriculum.
This year, the Government announced a further $9.8 million to contribute towards the cost of swimming and water safety programs for Victorian government primary and special schools and Catholic primary schools.
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Western Metropolitan Region
Question asked by: Mr Finn Directed to: Minister for Roads and Road Safety Asked on: 29 March 2018
ANSWER:
The Victorian Government is listening to locals in Brooklyn and has made commitments to reduce the number of trucks on Millers Road and work with residents to make their homes quieter.
In direct response to community feedback, the Government made a change to toll points on the West Gate Freeway, which will reduce the predicted increase in truck volumes on Millers Road by 3000.
For residents whose houses face Millers Road, between the West Gate Freeway and Geelong Road, noise mitigation measures will be offered. These could include options like double glazing, insulation, fencing and air conditioning.
A new air quality monitoring station will be installed at Millers Road, which will be active during construction and up to five years during operation.
In addition, there will be a traffic study carried out in consultation with local residents. The study will identify and help plan for what is required to manage traffic along these major arterial roads. It will consider safety, accessibility and amenity for the local community.
At every step of the way the West Gate Tunnel Project has been shaped by community feedback. Major changes and new commitments include tunnel exits moved away from houses, additional truck bans, protections for existing parks, extensive new shared use paths and new open space.
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WRITTEN ADJOURNMENT RESPONSES
Responses have been incorporated in the form supplied by the departments on behalf of the appropriate ministers. Tuesday, 1 May 2018
Homelessness
Raised with: Minister for Housing, Disability and Ageing Raised by: Mr Purcell Raised on: 18 August 2015
REPLY:
The Victorian Government believes that people who are homeless or at risk of homelessness should be supported to achieve sustainable housing and social inclusion. Currently, the government funds over $200 million a year to community service organisations across Victoria to provide accommodation and support services to people who are homeless or at risk of homelessness.
In the 2016-17 Victorian State Budget, the Victorian Government committed $152 million to the family violence Housing Blitz. With this investment, we will:
– build or upgrade up to 180 crisis accommodation units,
– provide 184 social housing properties and head-lease up to 124 additional properties,
– redevelop four existing communal refuges and to provide 24 hour staffing at six refuges.
– assist people to access private rental housing
– provide flexible tailored support packages for victims of family violence, including assistance to stay safe at home.
In response to the significant recent rise in the number of people sleeping rough in inner city Melbourne, I allocated $1.6 million to immediate actions to assist homeless people, including:
– extending the Rough Sleepers Initiative, which provides mobile support and access services,
– funding to purchase more emergency accommodation
– deliver 38 additional crisis accommodation beds to provide additional capacity over winter
– provide additional workers to staff a safe, warm shelter that will be opened in the inner city during winter.
Building on this immediate response, I have established an 18 month Rough Sleeping Response Taskforce to advise on practical actions to address the significant rise in rough sleeping in the CBD. The Taskforce held its first meeting on 24 August 2016 and has been challenged to be bold in its goals to significantly reduce the number of people sleeping rough in the CBD.
There is more we can do. I am committed to looking at ways in which we can improve these services to ensure they deliver better outcomes for people. I would be more than happy to arrange a briefing to your office on these matters if required.
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Homelessness
Raised with: Minister for Housing, Disability and Ageing Raised by: Mr Purcell Raised on: 30 August 2016
REPLY:
The Victorian Government takes very seriously the right of every Victorian to use and enjoy shared public space free from the threat or impact of physical violence.
This includes people who are fortunate enough to be stably and securely housed, as well as those members of our community who for a myriad of reasons may be unwell or otherwise vulnerable.
This Government believes that people who are homeless or at risk of homelessness should be supported to achieve sustainable housing and social inclusion, rather than stigmatised. Currently, the government funds over $200 million a year to community service organisations across Victoria to provide accommodation and support services to people who are homeless or at risk of homelessness.
Family violence, unemployment and lack of affordable housing are among the factors driving an increase in the number of people who are homeless. Being without safe, secure and affordable accommodation can have devastating effects on a person’s life.
Through the 2016-17 budget, we committed $152 million to the family violence Housing Blitz to increase opportunities for vulnerable households to access safe and sustainable housing. With this investment, we will:
– build or upgrade up to 180 crisis accommodation units,
– provide 184 social housing properties and head-lease up to 124 additional properties,
– redevelop four existing communal refuges and provide 24 hour staffing at six refuges.
– assist more people to access private rental housing
– provide flexible tailored support packages for victims of family violence, including assistance to stay safe at home.
In response to the significant recent rise in the number of people sleeping rough in inner city Melbourne, I allocated $1.6 million to immediate actions to assist homeless people, including:
– extending the Rough Sleepers Initiative, which provides outreach and support,
– funding to purchase more emergency accommodation
– deliver 38 additional crisis accommodation beds to provide additional capacity
– provide additional workers to staff a safe, warm shelter in the inner city during cold weather.
Building on this immediate response, I have established an 18 month Rough Sleeping Response Taskforce to develop practical actions to address the significant rise in rough sleeping in the CBD. The membership includes community service providers and Victoria Police. The Taskforce held its first meeting on 24 August 2016 and has been challenged to be bold in its goals to significantly reduce the number of people sleeping rough in the CBD.
The Government has also committed $120 million to new housing development more recently, including $30 million to the Flemington Estate to grow more social housing. The government is also implementing reform to create more housing options for Victorians, through measures such as the Victorian Housing Register that will provide a fairer and easier way to access social housing.
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The Andrews Labor Government’s significant additional investment and reform is in stark contrast to the State and Federal Liberals’ agenda in housing, which was simply to cut $470 million from housing in Victoria. Unfortunately the Federal Government provided no new money for housing growth in either its 2016/17 Budget or the recent election campaign and failed to appoint a responsible minister for housing and homelessness. There is an important role to play in these matters by the Federal Government and I am sure you would join with me in encouraging the Federal Government to step up on its responsibilities in this area.
There is more we can do, regardless of the Federal Government’s inaction, to reduce homelessness. I am committed to looking at ways in which we can improve these services to ensure they deliver better outcomes for people, and a more inclusive community for us all.
Pakington Street, Newtown, CCTV cameras
Raised with: Minister for Police Raised by: Mr Ramsay Raised on: 12 December 2017
REPLY:
The Community Safety Statement, released in December 2016, outlines the range of new investment, powers, tools and capabilities that Victoria Police will be equipped with to stabilise the crime rate and begin to reduce the level of harm being caused in the community, including funding for 3135 additional frontline police and 100 new Protective Services Officers.
This investment has seen an additional 15 police officers deployed to the Geelong area. Geelong also has 21 Police Custody Officers on duty, which has freed up hundreds of shifts.
Analysis of the most recent crime statistics in the year ending 30 September 2017 show that the rate of offences per 100 000 population decreased by 5.1 per cent in Greater Geelong.
Greater Geelong has seen a significant reduction in a range of offences including a 4.1 per cent drop in burglary/break and enter offences and a 23.1 per cent drop in theft offences.
The Government also committed $19.4 million in the 2016-17 State Budget for the Community Crime Prevention Program over two years. This funding continued the Public Safety Infrastructure Fund, which provided grants up to $250 000 for local councils to improve safety and security infrastructure in public places, including funding for CCTV systems. The latest round closed on 25 September 2017 and I am advised that City of Greater Geelong Council did not submit an application.
CCTV can be an effective situational crime prevention tool at the local level, but the best outcomes are achieved when it is part of a combination of crime prevention strategies tailored to the specific local issues and context.
Residents and traders recently had the opportunity to discuss community safety issues regarding the Pakington Street shopping strip with their local police and council. The Government has also provided $10 000 for the Pakington Street Traders Crime Prevention Project in partnership with the City of Greater Geelong.
I will continue to work closely with the Greater Geelong Council, residents and traders to ensure community safety and I would be pleased to consider, at the appropriate time, the merits of any specific proposal that Greater Geelong Council may wish to put forward for CCTV in the future.
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Elishacare
Raised with: Minister for Emergency Services Raised by: Mr Leane Raised on: 6 February 2018
REPLY:
The Victorian Government values the work of organisations such as Elishacare that are committed to the health and safety of the community.
The Metropolitan Fire Brigade has advised that the site of the former Croydon Metropolitan Fire Brigade (MFB) Station is no longer listed for auction at this time.
I recently met with Elishacare at the site in Croydon and discussed how we could all work towards finding a solution, and the Government is investigating options to ensure Elishacare is able to continue its great work in the community.
Buch Avenue, Epping
Raised with: Minister for Police Raised by: Mr Ondarchie Raised on: 6 February 2018
REPLY:
I note the member’s concerns, and I can advise that one person was arrested from the incident on 23 December 2017 and the investigation remains ongoing.
In response to these specific issues, I am advised that Local Police and the divisional Highway Patrol are working with Whittlesea Council and local businesses to seal the road surface to prevent further gatherings and address the alleged criminal activity in the area.
Hoon driving is an offence that the Andrews Government and Victoria Police take very seriously.
The Transport Legislation Amendment (Road Safety, Rail and other matters) Act 2017, which passed parliament last year reflects the Government’s ongoing commitment to addressing hoon and reckless driving.
As part of this package of reforms, Victoria Police will be given new tools and powers to stop reckless drivers in their tracks. Police will have greater ability to immediately impound vehicles for different driving offences and have access to a range of new devices to assist in vehicle pursuits. Tougher penalties for excessive speeding, unlicensed driving and employing an unlicensed driver in a driving role will also apply.
Offenders will also need to meet substantial costs to secure the release of their vehicles. Where appropriate, this may include paying for any necessary repair and roadworthy costs before the vehicle can be released. They are also expected to meet any penalties related to the offences they have committed, including the loss of demerit points.
If a person is found guilty of three hoon-related offences inside three years, their vehicle can be permanently forfeited by the court. If a court order is granted, these vehicles can be disposed of in a manner determined by the Chief Commissioner.
It is also important for the public to contribute to the intelligence collected by Victoria Police to ensure that resources and operations are targeted where offending occurs. Northern Metropolitan constituents can assist police in the detection of hoon drivers and the identification of ‘hoon hotspots’ by reporting incidents on the 1800 333 000 Crime Stoppers Hoon Hotlines.
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Melbourne tourism
Raised with: Minister for Tourism and Major Events Raised by: Mr Elasmar Raised on: 20 February 2018
REPLY:
Thank you for your positive comments regarding this year’s White Night. Held on 17 February 2018, the sixth instalment of White Night Melbourne was another outstanding success. Over 600 000 patrons attended more than 120 installations from Carlton Gardens to Alexandra Gardens and everything in between. No city in Australia could possibly recreate White Night except Melbourne.
Tourism is Victoria’s second largest services export, exceeded only by education. It generates around 210 000 jobs and delivers $23.3 billion to the economy annually. Major events generate economic benefits of around $1.8 billion to Victoria’s economy, up from $1.4 billion in 2010.
No one does events quite like Victoria, and Victoria’s major events calendar is one of the most prestigious and successful major events calendar in the world.
Organisers from all around the world bring their events to Victoria for good reasons, and we will continue to work on our reputation as the ideal place to stage a major event. However, we recognise that the industry is competitive and we need to ensure our strategy keeps Victoria ahead of the pack.
Visit Victoria commenced formal operations on 1 July 2016, which brought together Tourism Victoria and the Victoria Major Events Company, with the Melbourne Convention Bureau.
The Victorian Government has committed an additional $20 million a year ongoing for the Major Events Fund to ensure that we continue to secure events for Melbourne and regional Victoria. Additionally, to further secure events for Victoria, the 2016-17 State Budget provided $20 million for a Regional Events Fund, to attract, create and bring people to the biggest and best events all over regional Victoria.
Visit Victoria is working diligently to attract more events to Melbourne and regional Victoria, and since its establishment, it has secured a number of major events to be held over the coming years, such as the World Cup of Golf in November this year; Harry Potter and the Cursed Child, Come from Away, Australian Boomers v USA Dream Team, Real Madrid World of Football and the Men’s and Women’s Final of the T20 Cricket World Cup in 2020, with more announcements to come.
I look forward to working with Visit Victoria to ensure that all Victorians benefit from the international positioning and profile, tourism visitation, economic outcomes and branding and business linkages that major events bring to our State.
St Kilda police resources
Raised with: Minister for Police Raised by: Ms Fitzherbert Raised on: 20 February 2018
REPLY:
I thank Ms Fitzherbert MLC for her question and appreciate her concern for the residents of St Kilda in relation to the Regal Boarding Home.
As the member would be aware, on 8 March 2018, the Hon Martin Foley MP, Minister for Housing, Disability and Ageing, announced the Government’s investment of $6 million to shut down and refit the Regal Boarding Home as a women’s shelter.
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This follows the formation, in December 2017, of a multi-agency working group relating to the Regal Boarding Home, which includes Victoria Police, Port Phillip Housing Association, St Kilda Housing Association, Star Health, Sacred Heart Mission, Launch Housing and the City of Port Phillip.
As part of the action plan identified by the working group, Victoria Police created a proactive taskforce focusing on daily patrols of Little Grey Street and Victoria Police being granted enhanced access to the Regal Boarding House, with all local police vehicles having swipe card access.
The Andrews Labor Government is committed to ensuring Victoria Police have the necessary resources to protect the community from harm.
Victorian communities can look forward to seeing an increased police presence in their area with 825 additional police being allocated across the state from May 2018 as part of the Government’s commitment of 3135 extra police funded through the Community Safety Statement 2017.
As part of this deployment, an additional 6 police have been allocated to the Port Phillip Police Service Area, which services St Kilda. This is in addition to the 7 crime investigation unit resources and 6 family violence specialists that have been allocated across the broader division.
In addition to the Government’s funding of additional police resources, the Community Crime Prevention Program has provided funding of between $10 000 and $250 000 to councils across Victoria through the Public Safety Infrastructure Fund to help improve community safety, security and confidence in public places. This includes funding for CCTV, lighting, good urban design and other crime prevention strategies.
The Government recognised the need for CCTV in Fitzroy Street, St Kilda and provided funding through the Public Safety Infrastructure Fund of $246 250 to the City of Port Phillip for seven CCTV cameras in Fitzroy Street, between the Upper Esplanade and Grey Street, St Kilda through the Public Safety Infrastructure Fund in October 2015.
In March 2018, the Hon Martin Foley MP, also announced $260 000 funding to extend the Fitzroy St CCTV into Little Grey Street, as part of the redevelopment of the Regal Boarding House. The Department of Health and Human Services is working with the City of Port Phillip regarding the installation of these additional cameras.
This also builds on the Andrews Labor Government’s commitment in February 2018 of $220 000 for improved public safety at the St Kilda foreshore. This funding will support City of Port Phillip to install bollards, boom gates and design upgrades to prevent hoons and unauthorised vehicles and to install CCTV cameras along the foreshore area.
Morwell crime prevention
Raised with: Minister for Police Raised by: Ms Bath Raised on: 20 February 2018
REPLY:
I note the concerns of Morwell traders and their work with Latrobe City Council to deter crime and improve community safety in the Morwell business district.
The Public Safety Infrastructure Fund (PSIF), provides grants up to $250 000 for local councils to improve safety and security infrastructure in public places, including funding for CCTV systems. Funding for the PSIF program is currently fully committed and the availability of any future funding rounds is dependent on 2018 State Budget outcomes.
I am aware the Latrobe City Council applied for funding for ten CCTV cameras in the latest round of the PSIF, which closed on 25 September 2017. Council was considered not eligible for PSIF funding due to being awarded federal funding for the same project.
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The PSIF program is part of the Labor Government’s $19.4 million investment in its Community Crime Prevention Program, aimed at tackling crime and its root causes.
This is in addition to our record $2 billion investment in community safety, which includes the recruitment of 3135 police officers on top of attrition over the next four years.
It also includes the Community Safety Networks project which provides Victorian communities with a direct platform to discuss local crime issues and policing priorities. Latrobe is one of 12 communities where a Community Safety Network is being established, giving residents a greater voice in ongoing efforts to combat crime. If you would like to hear more about what’s happening in the Latrobe Community Safety Network, please visit: https://engage.vic.gov.au/communitysafetynetworks/latrobe-community-safety-network.
Thompsons Road–Allen Street, Bulleen
Raised with: Minister for Roads and Road Safety Raised by: Ms Dunn Raised on: 21 February 2018
REPLY:
VicRoads advises me that it has undertaken an investigation to identify the need of a Keep Clear marking on Thompsons Road, at the intersection of Allen Street in Bulleen.
VicRoads has developed guidelines that it uses to assess requests for Keep Clear markings. Under these guidelines, Keep Clear markings are used primarily to minimise delays to through traffic on arterial roads caused by vehicles queuing to turn right. I understand that motorists turning left from Allen Street would be required to wait on the Keep Clear marking until the traffic queue clears at the nearby pedestrian-operated signals. As it is illegal to remain stationary on a Keep Clear marking, this situation is best avoided.
Although Keep Clear markings supplement the road rules and prohibit motorists from blocking intersections, the overuse of these markings may give drivers the impression that where the markings are absent, it is permissible to remain stationary within an intersection.
In context of the above, VicRoads does not currently support a Keep Clear marking.
VicRoads advises me that the area is served by a network of well-connected, adjacent local roads from which access to Thompsons Road can be gained in a more timely manner as an alternative to Allen Street.
Cannabis decriminalisation
Raised with: Minister for Attorney-General Raised by: Ms Patten Raised on: 21 February 2018
REPLY:
The Victorian Government does not support the legalisation of recreational cannabis. In the Government’s view, there is no safe level of illicit drug use. An economic assessment of the costs and savings that may result from the legalisation of recreational cannabis will not account for the harm caused to an individual and the community by cannabis.
Cannabis use has an extremely detrimental impact on road safety. In 2015 a greater number of drivers killed on Victorian roads were impacted by cannabis than the number of drivers impacted by alcohol. Cannabis impacts a person’s coordination, alertness, concentration, reaction time and ability to judge distance. These impacts increase the risk of a driver being involved in a road incident. Research shows that recent cannabis use increases a driver’s crash risk.
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While cannabis has different effects on different people, we know that cannabis has many harmful effects on health. The risks associated with long-term cannabis use include poor concentration, memory loss, learning difficulties and dependence. There is also increasing evidence that regular cannabis use precedes and causes higher rates of psychotic illness.
The Government takes the issue of illicit drug use very seriously. On 31 October 2017 the Government launched the Drug Rehabilitation Plan to address illicit drug use across Victoria and support Victorians who have been affected by illicit drug use. The Drug Rehabilitation Plan outlines the Government’s commitment to a number of evidence based initiatives which include a two year trial of a medically supervised injecting room at the North Richmond Community Health Centre, the expansion of treatment and training programs and the supply of 100 additional residential rehabilitation beds.
The Victorian Government does not have plans to legalise cannabis for recreational use, but will continue to deliver evidence based initiatives to address illicit drug use across Victoria. The Government will also carefully consider the recommendations of the Victorian Law Reform, Road and Community Safety Committee’s report on the Inquiry into Drug Law Reform when the report is released.
St Albans Leisure Centre
Raised with: Minister for Sport Raised by: Mr Finn Raised on: 21 February 2018
REPLY:
Providing high quality sport and recreation facilities in Victoria is a key aim of the Andrews Labor Government, and is integral to increasing participation opportunities and enhancing the health and wellbeing of all Victorians.
That is why the Andrews Labor Government has invested $420 million towards community sports infrastructure to ensure Victorians have access to sport and recreation facilities. Such upgrades and developments seek to increase participation for people of all ages and abilities.
I look forward to visiting St Albans Leisure Centre. Thank you for raising this matter with me, I trust this information has been of assistance to you.
School cleaners
Raised with: Minister for Education Raised by: Mr Ondarchie Raised on: 21 February 2018
REPLY:
I am informed as follows:
The new area-based school cleaning model has been designed to protect the school cleaning workforce. This new model will guarantee that every cleaner working in a Victorian government school will receive their legal wages and entitlements. The cleaning needs of schools are wide and varied and the existing cleaning workforce consists of selfless individuals who raise no objection to meeting these needs. This guarantee will ensure that all school cleaners are remunerated for any extra work they carry out in servicing our schools.
Following the feedback that the Department of Education and Training received from its consultation process, a tailored program of practical support has been developed to address the needs of affected school cleaning business owners and their staff.
This program of practical support includes private business mentoring sessions, targeted business development workshops, retraining and wellbeing support. All components are free to affected business owners. The mentoring and wellbeing support are strictly confidential and the content of which will not be shared with the Department.
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The private business mentoring and business development workshops will deliver strategic thinking and skills to support cleaning business owners who want to continue to run their own cleaning business and diversify their customer base. For those who are seeking employment in the new school cleaning model or elsewhere, the retraining offers a qualification in cleaning management that is recognised by the cleaning industry and will support business owners, managers and supervisor during the transition time.
The Department has held information sessions across greater metropolitan Melbourne to introduce the components of this program of practical support. All school cleaning contractors were invited and they were encouraged to review the options available to them through this program of practical support.
In addition to services that are available in the program of practical support, the incoming service providers for metropolitan Melbourne will be required to recruit from the existing school cleaning workforce at first instance. This requirement is designed to ensure that school cleaners, those valued members of school communities who know the needs of their schools better than most, are offered work in the new model.
The program of practical support and the requirement for the incoming school cleaning service providers to prioritise recruitment from the existing school cleaning workforce will assist everyone to transition to the new model: business owners, managers, supervisors and cleaners.
South Melbourne public housing estate
Raised with: Minister for Police Raised by: Ms Fitzherbert Raised on: 21 February 2018
REPLY:
I thank Ms Fitzherbert for her question and appreciate her concern for the safety of the residents and neighbouring residents of Park Towers estate in South Melbourne.
I am advised by Victoria Police that there are various initiatives in place to combat crime in the estate, including a multi-faceted policing operation underway titled Operation Shrine. This operation comprises members for the South Melbourne Police Station, Port Phillip Criminal Investigation Unit, Divisional Response Unit, Frontline Tasking Unit and Multi-Cultural Unit. This joint response provides a visible and covert police presence enabling the targeting of recidivist and associate offenders residing in and around the Park Towers Estate.
Victoria Police are also invested in the Homelessness Working Group together with a number of our agency partners. In addition, police are endeavouring where appropriate, to engage potential offenders identified by those within the working group in a proactive manner.
In addition to localised responses, Victoria Police supports the consideration of an enhanced security presence at the facility by the current security contractors during daytime hours in the form of concierge model. This model would both enhance perceptions of safety and enable to the delivery of timely information to police where required.
In relation to police resources, I can assure you that the Andrews Labor Government is committed to ensuring Victoria Police have the necessary resources to protect the community from harm.
Earlier this month, the Chief Commissioner announced that 825 new police officers will commence deployment from May 2018, as part of the Government’s commitment of 3135 extra police funded through the Community Safety Statement 2017.
As part of this deployment, an additional 6 police have been allocated to the Port Phillip Police Service Area, which services South Melbourne. This is in addition to the 7 crime investigation Unit resources and 6 family violence specialists what have been allocated across the broader division. This rollout is the second wave of police resources to hit the beat, since the deployment of the additional resources funded under the 2016-17 State Budget.
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Retail gift cards
Raised with: Minister for Consumer Affairs, Gaming and Liquor Regulation Raised by: Ms Lovell Raised on: 22 February 2018
REPLY:
The Victorian Government acknowledges the legitimate concerns of some consumers who have been unable to redeem gift cards due to short expiry periods.
In Victoria, gift card providers are regulated by a number of national laws including:
– the Australian Consumer Law, which prohibits false and misleading conduct and representations and unfair contract terms
– the Australian Securities and Investments Commission’s (ASIC) Corporations (Non-Cash Payment Facilities) Instrument 2016/211, which requires that any expiry date for a gift card or voucher be prominently disclosed, and that the card or voucher can be spent in multiple transactions, and
– the ASIC voluntary ePayments Code, which requires subscribers (mainly banks and credit unions) to adopt minimum expiry dates of at least 12 months for prepaid cards, including gift cards.
The best protection for Victorian consumers will be achieved by imposing the national framework. A national approach is necessary given the national trade in gift cards, including through the internet, and the legal and practical issues with a single-jurisdiction approach. A national approach will also reduce red tape and conflicting requirements for businesses operating across Australia.
Therefore, I have written to the Commonwealth Government seeking support for better consumer protections in respect of gift cards, including longer and consistent expiry dates.
The Victorian Government will continue to work with the Commonwealth Government to progress this issue, and to ensure that the national regulation of gift cards is operating effectively and meets the needs of Victorian consumers and businesses.
Sex work legislation
Raised with: Minister for Consumer Affairs, Gaming and Liquor Regulation Raised by: Ms Springle Raised on: 22 February 2018
REPLY:
I am aware of the developments internationally regarding the regulation of sex work, and the variety of responses that have been adopted, including the decriminalisation of sex work, and the criminalisation of clients of sex workers.
The government is considering the question of the need for a review, and the potential ambit of such a review if one proceeds in the future.
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Werribee police numbers
Raised with: Minister for Police Raised by: Mr Finn Raised on: 22 February 2018
REPLY:
I appreciate the members concern regarding the incident that occurred in Werribee on 13 February 2018. I understand from Victoria Police that the investigation into this incident remains ongoing. As such it would not be appropriate for me to comment.
I can however assure the member that the Government and Victoria Police are committed to keeping the Victorian community safe. The latest crime statistics show that we are continuing to move in a positive direction, with both recorded criminal incidents and recorded offences showing a decrease by over eight per cent compared to the previous year.
While the allocation of police resources is appropriately a matter for the Chief Commissioner, I am pleased to advise that earlier this month an additional 12 frontline police and 6 specialist family violence officers were allocated to the Wyndham Police Service Area, which services Werribee. These additional resources will commence deployment from May 2018.
This rollout is the second wave of additional police resources to hit the beat in the Wyndham PSA, since the deployment an additional 27 officers funded under the 2016-17 State Budget.
Port Phillip Specialist School
Raised with: Minister for Education Raised by: Ms Fitzherbert Raised on: 22 February 2018
REPLY:
I am informed as follows:
The Andrews Labor Government is providing educational opportunities for all Victorians, including those with disabilities. Through the past three Budgets, we have allocated more than $2.8 billion to deliver new and upgraded educational infrastructure. Our ongoing challenge, however, is to responsibly balance and prioritise the needs of over 1500 government schools, all in varying condition.
In relation to the Port Phillip Specialist School, I want to acknowledge the hard work and commitment of its teaching staff as well as the strong support given by the local community and its local Member, Martin Foley MP. Great schools depend on the dedication of their staff. For 20 years, the Port Phillip Specialist School has been highly innovative in meeting the learning and life-skill needs of its students.
The Department of Education and Training is aware that the school may have capital and maintenance requirements. The school’s desire to upgrade its kitchen facilities is one of the many proposals that, at a state-wide level, contributes to the ongoing development of our school infrastructure.
With this in mind, I can assure you that the needs of all schools, including those of Port Phillip Specialist School, will be given equitable consideration when determining priorities for the capital works program and the allocation of resources in the State Budget.
Thank you for raising this matter with me.
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Northern Metropolitan Region small business
Raised with: Minister for Small Business Raised by: Mr Elasmar Raised on: 6 March 2018
REPLY:
The Andrews Labor Government will always support Victorian small business, no matter if they are just starting out or striving to reach their next milestone.
Recent figures released by the Australia Bureau of Statistics show that Victoria is an attractive location to start a small business, with more than 20 000 small businesses created within the last year. This brings the total number of small business across the state to 576 000. Further, the Victorian small business sector is growing at a rate of 3.6 per cent, higher than the national average of 3.1 per cent.
The Northern Metropolitan Region is capitalising on this current confidence of the sector, with the number of small business in the region growing by 13 per cent over the last year. In 2016-17, there were 4526 new small businesses established.in the Northern Metropolitan Region with the total number of small businesses reaching 103 636.
The industries that achieved particularly strong small business growth are those in electricity, gas, water and waste services, transport, postal and warehousing and education and training. These industries grew by 27.8 per cent, 29 per cent and 24 per cent respectively.
Wind energy
Raised with: Minister for Planning Raised by: Mr Purcell Raised on: 6 March 2018
REPLY:
Power lines throughout Victoria that are less than 220 000 kV capacity do not require a planning permit. It is only larger power lines that are more than 220 000 kV that require approval. Accordingly, the planning system does not have control over the location and appearance of these services. The government is not proposing to alter this.
However, I understand that, in line with the recommendations of the Finkel Review, the Australian Energy Market Operator (AEMO) is developing an Integrated System Plan (ISP), due for release by mid-2018. A key aspect of the ISP will be the identification of renewable energy zones (REZs).
I understand that through this work the AEMO will identify transmission network routes to most efficiently connect REZs, and therefore new renewable energy generators, to the existing network.
North-east rail line
Raised with: Minister for Public Transport Raised by: Mr Davis Raised on: 6 March 2018
REPLY:
Unlike the former Liberal/National Government, who, in the words of the Member for Southern Metropolitan, did “nothing for the people of the North-east”, the Andrews Labor Government recognised an opportunity to properly address the issues on the North-east line by working with the Commonwealth Government.
I am pleased to advise the Member that the Andrews Labor Government has successfully secured an additional $135 million commitment (further to the previously committed $100 million) from the Commonwealth
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Government, to upgrade the North-east line to at least Class 2 standard for passenger rail services. The works will be delivered by the Australian Rail Track Corporation.
The Commonwealth Government agreed with the Andrews Labor Government that, in order to run new trains on this line, we first needed to upgrade the track to the appropriate standard.
The Andrews Labor Government has also committed to procuring and delivering new standard gauge rolling stock for the North-east line, to be ready when the track upgrade works on the line are completed.
Land 400 project
Raised with: Minister for Industry and Employment Raised by: Mr Ramsay Raised on: 6 March 2018
REPLY:
The Andrews Government made every effort to secure LAND 400 Phase 2 for Victoria.
We relentlessly advocated for Victorian industry, and our exceptional, long-established and globally competitive capability in land military vehicles.
Our hard work resulted in our partnership with BAE Systems Australia to centre its LAND 400 operations in Victoria should its bid have been successful.
As you are aware, the Commonwealth Government chose to award the project to the tenderer that will base its operations in Queensland.
Considering the depth of manufacturing capability in Victoria, our proven track record delivering armoured vehicles, our highly skilled workforce and value for money, it makes no sense for this project to be based outside of Victoria.
Over the last three decades, Victorian workers have designed, built and upgraded over a thousand military vehicles, some of which have successfully served with Australian troops in Iraq, Afghanistan and East Timor, including the world class Hawkei and Bushmaster vehicles. Rheinmetall’s vehicle has never been tested in combat.
After abandoning our automotive sector, sending ship building contracts to South Australia and Western Australia, submarine contracts to South Australia, this Commonwealth Government has now sent defence vehicles to Queensland.
Regardless, our manufacturing sector is growing. We have more manufacturing jobs than any other State, and the Australian Industry Group’s Performance of Manufacturing index has shown 14 consecutive months for Victoria’s index. This is the best result since 2003 and its achievement in the midst of the automotive manufacturing closure is a clear example of the success of the Andrews Government support for manufacturing.
We have been proud to support the endeavours of local companies in the defence industry, including companies like Marand, and will continue to support Victoria’s highly capable defence industry seek and capture opportunities in the future.
I would appreciate any assistance the member can provide to ensure decisions such as this can be made on common sense and not politics in the future.
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Regional forest agreements
Raised with: Premier Raised by: Ms Dunn Raised on: 7 March 2018
REPLY: On March 27 2018, the Victorian Labor Government announced it would extend the Regional Forest Agreements (RFAs) in East Gippsland, Central Highlands and North East until 2020. This will modernise the state’s RFAs to support jobs and improve the long-term management of Victoria’s forests.
The Government is committed to achieving an appropriate balance between sustainable timber harvesting and protection of Victoria’s forest values.
The short-term extensions will provide time for extensive consultation with scientific bodies, industry and the community to modernise the state’s RFA framework and better manage Victoria’s forests.
At the same time, the Labor Government announced it will provide immediate protection to approximately 2500 hectares of high environmental-value forest in and around the Kuark Forest.
About half this area is old growth forest and provides essential habitat for threatened species, including the greater glider.
In addition, the Labor Government will protect all large, old trees greater than two-and-a-half metres in diameter across Victoria.
The Labor Government will now engage with Victorian communities — including Traditional Owners and industry — to ensure the next set of RFAs provide for the long-term sustainable management of Victoria’s forests.
While the Greens Political Party have no concern for the workers of this state, the Labor Government has provided certainty for workers while we protect Victoria’s forests and modernise the way they are managed.
Serrated tussock control
Raised with: Minister for Energy, Environment and Climate Change Raised by: Mr Finn Raised on: 7 March 2018
REPLY: The matters raised fall within the portfolio responsibilities of the Minister for Agriculture. The member will need to redirect his question to the Hon Jaala Pulford.
Shepparton infrastructure projects
Raised with: Treasurer Raised by: Ms Lovell Raised on: 7 March 2018
REPLY: I thank the Member for raising this issue. I am aware of the infrastructure projects raised by the Member and they have been brought to my attention previously by the Member for Shepparton, Susanna Sheed. This Government has delivered for Shepparton with investments including: – $169 million to redevelop the Goulburn Valley Health – Funding to upgrade Bourchier Street Primary School Shepparton, Kialla West Primary School, Mooroopna Park Primary School and Orrvale Primary School.
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– $43.5 million to improve transport connectivity between Seymour and Shepparton
– $10.2 million to develop a business case and commence preconstruction activities for the Shepparton Bypass
– A 25% payroll tax cut for employers based in Shepparton
These investments, alongside numerous smaller commitments, represent the consistent investment we have made in regional Victoria. We have invested more in regional Victoria than the Coalition did in their entire term.
It would be contempt to do as the Coalition did and ignore the needs of the Shepparton region for too many years, only to rediscover them in Opposition.
Kingston City Council
Raised with: Special Minister of State Raised by: Mrs Peulich Raised on: 7 March 2018
REPLY:
I thank the Honourable Member for raising this issue.
The Local Government Act creates a framework within which local governments can independently exercise the functions and powers that the Parliament has granted to them.
The Local Government Investigations and Compliance Inspectorate is responsible for receiving complaints about and investigating matters relating to council operations and alleged breaches of the Local Government Act.
The Inspectorate operates independently of the Executive Government, and it is a matter for them to determine whether it is appropriate to initiate an investigation in relation to these matters. It would be inappropriate for me or the Executive Government to investigate these allegations.
My Department has referred the issue to the Chief Municipal Inspector for his consideration.
North-east rail line
Raised with: Minister for Public Transport Raised by: Mr Davis Raised on: 8 March 2018
REPLY:
Unlike the former Liberal/National Government, who, in the words of the Member for Southern Metropolitan, did “nothing for the people of the North-east”, the Andrews Labor Government recognised an opportunity to properly address the issues on the North-east line by working with the Commonwealth Government.
I am pleased to advise the Member that the Andrews Labor Government has successfully secured.an additional $135 million commitment (further to the previously committed $100 million) from the Commonwealth Government, to upgrade the North-east line to at least Class 2 standard for passenger rail services. The works will be delivered by the Australian Rail Track Corporation.
The Commonwealth Government agreed with the Andrews Labor Government that, in order to run new trains on this line, we first needed to upgrade the track to the appropriate standard.
The Andrews Labor Government has also committed to procuring and delivering new standard gauge rolling stock for the North-east line, to be ready when the track upgrade works on the line are completed.
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Melbourne Sports and Aquatic Centre
Raised with: Minister for Sport Raised by: Ms Fitzherbert Raised on: 8 March 2018
REPLY:
I refer to your adjournment debate matter requesting clarification on the policies surrounding the Melbourne Sports and Aquatic Centre raised in Legislative Council on 08 March 2018.
My department works closely with the State Sport Centres Trust to ensure that Melbourne Sports and Aquatic Centre balances the provision of access to both elite sport and community sport and recreation.
The State Sport Centres Trust is estimating an increase in visitation of 100 000 people for the 2017-18 financial year to approximately 2 million people. This has been attributed to State Sport Centres Trust implementing a range of initiatives, to increase participation and visitation at each of their facilities.
In addition to this, the State Sport Centre Trust ensures that government objectives of providing fair and equitable access to their facilities are met as far as possible. They do this by providing support to a range of both elite and community sporting bodies. The Melbourne Sports and Aquatic Centre is a centralised hub for many state, national and local sporting organisations. The State Sport Centres Trust ensures that access to competition, administration and training facilities are offered to sporting bodies at a fair and equitable rate. This enables these sporting bodies to drive participation and improve community engagement.
I assure you that the State Sport Centre Trust, responsible for the management of the Melbourne Sports and Aquatic Centre is committed to providing the best experience for all centre users.
Perth Avenue–Ballarat Road, Albion
Raised with: Minister for Roads and Road Safety Raised by: Mr Finn Raised on: 8 March 2018
REPLY:
VicRoads will continue to monitor the safety and operation of this section of Ballarat Road, and any upgrade will be considered against other state-wide priorities.
Bus services
Raised with: Minister for Public Transport Raised by: Mr Dalla-Riva Raised on: 8 March 2018
REPLY:
The Andrews Labor Government is committed to delivering quality bus services to all Victorians.
I announced on 16 February 2017 that the Victorian Government intends to modernise the metropolitan bus contracts that run Melbourne’s huge bus network to improve services and put passengers first. At the same time, I made it clear that choices will be provided to support both big and small operators to transition to more flexible contracts.
These choices are the cornerstone of the negotiation process underway with incumbent operators for new contracts. The process provides bus operators with the ability to choose options that best suit the needs of their businesses. As the negotiation process is ongoing, it is not appropriate for me to comment further on contract details at this stage.
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However, I can say that the option to explore the potential sale, lease or retention of business assets is a key choice available to each operator at their election, and is not compulsory. Should an operator choose to make assets available at contract-end, the sale or lease would be at full market value and would comply with appropriate policy and guidelines to ensure a fair and transparent process for both the State and bus operators.
Docklands Demons Ice Racing Club
Raised with: Minister for Sport Raised by: Mr Elasmar Raised on: 27 March 2018
REPLY:
The Sporting Club Grants program provides grants of up to $1000 to clubs across Victoria to buy new team uniforms or equipment. Grants of up to $2000 are also available to expand the skills of coaches and officials, and clubs can receive up to $5000 for initiatives that strengthen their operations and sustainability.
I am delighted to inform you that Docklands Demons Ice Racing Club was successful in their application for funding under the 2017-18 Sporting Club Grants Program, Round 2, Category 1 — Uniforms.
Sport and Recreation Victoria, within the Department of Health and Human Services, will be in contact with the club shortly regarding funding arrangements for the above activity.
Merrilands Community Centre
Raised with: Minister for Training and Skills Raised by: Ms Patten Raised on: 27 March 2018
REPLY:
I am informed as follows:
The work of the Adult Community and Further Education (ACFE) Board is central to ensuring every individual has the opportunity to excel in education, regardless of their background, location, ability or circumstance. The Government, through the ACFE Board, allocated $28 million in the 2017-2018 State Budget to support adult education in Victoria through Learn Local providers. Current funding does not include provision for infrastructure projects such as those raised.
Merrilands Community Centre in Darebin is a facility used by a larger group of organisations which has been managed by Preston Reservoir Adult Community Education Inc (PRACE) since 2003. Like all Learn Local organisations, the work of PRACE is critical in providing further opportunities in education and training. The ACFE Board currently provides approximately $250 000 per annum to PRACE to provide a range of community-accessible pre-accredited courses, including those delivered from the Merrilands Community Centre in Darebin.
Learn Local providers also have access to funding for projects to improve access for disadvantaged learners to pre-accredited training through the Capacity and Innovation Fund. PRACE received $49 600 through the last funding round to support a pre-apprenticeship project for disadvantaged learners to assist them to pathway into apprenticeships.
Whilst the Training and Skills portfolio provides extensive support for the Merrilands Community Centre as detailed above, unfortunately there is not a relevant funding program in my portfolio for infrastructure projects such as this.
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Belgrave railway station car parking
Raised with: Minister for Public Transport Raised by: Mr O’Donohue Raised on: 27 March 2018
REPLY:
On Tuesday 10 April the Andrews Labor Government announced that it will provide funding in the Victorian Budget 2018/19 to deliver increased car parking at key stations across the network, including Belgrave.
A new multi-deck car park will be built in the Belgrave station precinct, providing over 300 additional car parks for commuters and visitors to Puffing Billy. This will free up more car parking in the town centre for local traders, shoppers and residents.
The station precinct will also be safer and easier to access with new lighting, CCTV, better parking and drop off points for coaches, and clearer signage.
Planning work for this project, including stakeholder and community engagement, will commence in the second half of 2018.
North-east link
Raised with: Minister for Roads and Road Safety Raised by: Ms Dunn Raised on: 27 March 2018
REPLY:
The community drop in sessions were rescheduled and will take place in the coming weeks in Watsonia, Rosanna, CBD, Blackburn North, Bulleen, Greensborough and Doncaster. The North East Link Authority (NELA) will be promoting these sessions in advance.
Short-stay accommodation
Raised with: Minister for Consumer Affairs, Gaming and Liquor Regulation Raised by: Mr Morris Raised on: 27 March 2018
REPLY:
In its response to the Environment and Planning Committee’s Inquiry into the Owners Corporations Amendment (Short-stay Accommodation) Bill 2016, the Victorian Government supported Recommendation 3, which proposed a review of the regulatory imbalance between the emerging short-stay and traditional accommodation sectors in Victoria.
The review responds to the issues various stakeholder groups from both sectors raised during the Inquiry, and acknowledges that those issues are not widely understood.
The Office of the Commissioner for Better Regulation will undertake the review over the next two years. It will examine the nature and extent of the problem, and will provide information and findings that will better inform future Government decision-making in this area.
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Oromo community
Raised with: Premier Raised by: Ms Truong Raised on: 28 March 2018
REPLY:
As I stated in 2016, we recognise the plight of the Oromo people and are committed to supporting the Oromo community living in Victoria. Since 1999, the Victorian Government has provided funding to the community for a range of programs, festivals and events to support the preservation of the Oromo history and culture and the continuation of the Oromo language.
The Victorian Labor Government supports the Victorian Oromo community members and reaffirms their right to peaceful protests.
While direct engagement on an international level is the responsibility of the Federal Government, I note the Member for Essendon also expressed his support for Victorian Oromo people in Parliament on 9 March 2016.
We will continue to support Victorian Oromo people by promoting and maintaining harmony in our diverse multicultural community, as well as building resilience in communities who are dealing with the trouble in their homelands.
Bus contracts
Raised with: Minister for Public Transport Raised by: Mr Davis Raised on: 28 March 2018
REPLY:
I announced on 16 February 2017 that the Andrews Labor Government intends to modernise the contracts that cover Melbourne’s bus network, to improve services and put passengers first.
Negotiations commenced in early 2017 with detailed consultation with all operators and the Bus Association Victoria (BAV), taking them through the Government’s objectives, the contract packages on offer, and contract principles.
In early 2017, all operators signed a process deed governing the negotiation process, confidentiality requirements and probity obligations. As these negotiations concern commercial matters for each bus company and the State, it is important to ensure that the integrity of the negotiation process is maintained, with all parties upholding the agreements they have signed.
The Government has and continues to treat each bus operator’s commercial business information with confidentiality.
As the letter to which Mr Davis refers states, public statements were made by the BAV relating to contract negotiations. The text of the letter continues as “an opportunity to remind [each operator] of your confidentiality obligations”. This letter was not sent to a particular or individual bus company, but to all companies involved in the relevant stage of negotiations. The letter is in no way threatening, but simply seeks to clarify each party’s requirements in light of public comments that had been made.
The Government concurs with the objectives that Mr. Davis raises in terms of achieving “good outcomes in terms of costs and results for communities” and “in terms of new routes and the quality and reliability of services”. These have been key objectives of this process.
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A number of contracts have been signed so far as part of this process. The new contracts provide the Government with more flexibility to improve and expand services where they are needed most. The contracts also emphasise on-time running and customer service to provide passengers with a more professional and reliable service.
Contract negotiations are progressing as planned, in good faith, with each remaining operator. The Andrews Labor Government remains committed to delivering quality bus services to all Victorians.
African-Australian community task force
Raised with: Minister for Multicultural Affairs Raised by: Ms Springle Raised on: 29 March 2018
REPLY:
The terms of reference for the African Australian Taskforce are to provide:
1. contemporary and relevant information to Victoria Police on emerging issues and trends;
2. a consolidated point of community expertise that can work with Victoria Police on the possible development and delivery of initiatives that focus on youth offending, recidivism, and anti-social behaviour;
3. a consolidated point of community expertise on the root causes and aggravating circumstances leading to youth offending. This advice will be used to influence whole of government responses;
4. advice to Victoria Police on issues and instances of racial vilification, lateral violence, and other crimes affecting the African communities of Victoria.
The Taskforce is exclusively comprised of people of African backgrounds, with diversity of age, gender, cultural background and areas of interest. Each Taskforce member brings a range of unique skill sets and perspectives. There are currently 27 members across the state representing 16 Local Government Areas with a further four pending endorsement from the convenor. All task force participation is voluntary.
The work plan is under development, and the Taskforce is expected to operate for 12 months from its commencement which was 12 January, 2018.
QUESTIONS ON NOTICE
Tuesday, 1 May 2018 COUNCIL 1597
QUESTIONS ON NOTICE
Answers to the following questions on notice were circulated on the date shown. Questions have been incorporated from the notice paper of the Legislative Council. Answers have been incorporated in the form supplied by the departments on behalf of the appropriate ministers. Headings reflect the portfolio of the minister answering the question. Tuesday, 1 May 2018
Health
10 549. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Government’s PrEPX study —
(1) what is the total allocation of funding for this study; (2) what proportion of this was contributed by the Victorian Government; (3) what proportion of funding was allocated by each of the partner organisations; (4) what proportion of the funding has been allocated to a PrEP education campaign; (5) what will the funding for the education campaign provide for; (6) how many people are participating in the study, by month, since the study began; and (7) what has been the attrition rate of participants, by month, since the study began.
ANSWER:
I am informed that:
The total amount of funding for the PrEPX public health research study is $2 303 750.
The Alfred Hospital and the Victorian AIDS Council have each contributed $200 000 toward the study.
Of the total amount, the Victorian Government contributed $1.5 million toward the original study. After the Pharmaceutical Benefits Advisory Committee recommended listing HIV pre-exposure prophylaxis or PrEP on the Pharmaceutical Benefits Scheme on 9 February 2018, the Andrews Labor Government committed an additional $403 750 to extend the study from 1 April to 30 June 2018. Total government funding for the study is $1 903 750.
The Department of Health and Human Services is developing a communications and a workforce training plan to support the rollout of PrEP for eligible Victorians and primary health care providers following the listing of PrEP on the Pharmaceutical Benefits Scheme.
$30 000 has been allocated for pilot specific education and raising awareness about pre-exposure prophylaxis (or PrEP). The Victorian AIDS Council and other stakeholders also undertake education more broadly on PrEP. These include the PrEPX website; a video developed by the Victorian AIDS Council and the Alfred Hospital; and a Frequently Asked Questions PrEP section on the Victorian AIDS Council website.
The education campaign focuses on specific engagement and awareness-raising among smaller at-risk groups such as people from culturally and linguistically diverse backgrounds, Aboriginal and Torres Strait Islander peoples, women, transgender individuals and people who inject drugs. A particular focus was given to these groups as there are already ongoing social media and internet campaigns being undertaken by PrEP advocacy groups targeting the largest high risk group, men who have sex with men. Through this funding, information has also been produced about PrEP and how people can access or learn more about the PrEPX study. The education activities are delivered in print and online in targeted areas.
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The PrEPX study began in July 2016. It has a total of 4140 participants enrolled as of 26 February 2018. It has enrolled an average of 207 participants per month.
Since the start of the study in July 2016, the attrition rate through formal withdrawal from the study has been/less than 2 per cent.
[Question 10 549, parts (4), (5) and (6), reinstated by order of President on 2 May 2017. Hansard reference to original answer: 2 May 2017, page 1860.]
Special Minister of State
11 028. MR RICH-PHILLIPS — To ask the Special Minister of State: In relation to claims from the Minister’s Office received from 1 September 2015 to 31 August 2016 for car parking fees totalling $13 140.28 —
(a) what proportion of these charges are for the Minister’s car park; (b) what proportion of these charges are for staff members’ car parks; and (c) how many car spaces are rented for the Minister’s office.
ANSWER:
(a) No portion of these charges totalling are for the Minister’s car park. The Minister’s carpark is at 1 Treasury Place and does not incur a fee.
(b) and (c) Three (3) car spaces were rented for the Minister’s office in this period.
Health
11 220. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Office of Medicinal Cannabis —
(1) what is the total full time equivalent (FTE) allocation at the Office of Medicinal Cannabis; (2) how many FTE at the Office of Medicinal Cannabis are new positions; (3) how many FTE are existing positions transferred from other parts of Department of Health and Human Services and other Departments; (4) do these numbers include contractors and consultants; (5) how many contractors and consultants does the Office of Medicinal Cannabis employ; and (6) what is the establishment and operational cost, including governance, of the Office of Medicinal Cannabis in 2016-17 and 2017-18.
ANSWER:
Following four years of inaction on the issue from the previous government, the Andrews Labor Government is delivering on its 2014 election commitment to give access to a safe, secure, legal supply of medicinal cannabis for eligible Victorians in exceptional circumstances. We passed legislation in 2016 and provided funding of $28.5 million through the 2016-17 Budget to deliver on this commitment, including through establishing the Office of Medicinal Cannabis to guide development of suitable products and develop the regulatory framework.
Health
11 229. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): $3 million was allocated to the Parkville Biomedical Precinct planning and development, and $1 million has been spent to date, what has this been spent on.
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ANSWER:
I am informed that:
As is evident from the question asked, funding for this initiative has been expended on planning and development relating to the Parkville Biomedical Precinct.
Premier
11 476. MR RICH-PHILLIPS — To ask the Special Minister of State (for the Premier): How many full time equivalent ministerial staff (including those working on secondment from departments or agencies) were working within the Premier’s office, as of 1 July 2017.
ANSWER:
As noted in my last response, at 1 July 2017, 250.38 FTE staff were employed by the Premier’s Office.
[Question 11 476 reinstated by order of President on 29 March 2018. Hansard reference to original answer: 15 December 2017, page 7065.]
Training and skills
11 492. MR RICH-PHILLIPS — To ask the Minister for Training and Skills: How many full time equivalent ministerial staff (including those working on secondment from departments or agencies) were working within your ministerial office, as of 1 July 2017.
ANSWER:
My answer was fulsome and complete. I refer you to the Premier’s response to your question.
[Question 11 492 reinstated by order of President on 21 February 2018. Hansard reference to original answer: 6 February 2017, page 318.]
Premier
11 498. MR RICH-PHILLIPS — To ask the Special Minister of State (for the Premier): How many female ministerial staff (including those working on secondment from departments or agencies) were working within the Premier’s office, as of 1 July 2017.
ANSWER:
As noted in my last response, at 1 July 2017, 120.20 FTE female employees were employed by the Premier’s Office.
[Question 11 498 reinstated by order of President on 29 March 2018. Hansard reference to original answer: 15 December 2017, page 7066.]
Training and skills
11 515. MR RICH-PHILLIPS — To ask the Minister for Training and Skills: How many female ministerial staff (including those working on secondment from departments or agencies) were working within your ministerial office, as of 1 July 2017.
ANSWER:
My answer was fulsome and complete. I refer you to the Premier’s response to your question.
[Question 11 515 reinstated by order of President on 21 February 2018. Hansard reference to original answer: 6 February 2017, page 322.]
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Premier
11 521. MR RICH-PHILLIPS — To ask the Special Minister of State (for the Premier): How many full time equivalent ministerial staff (including those working on secondment from departments or agencies) were working within the Premier’s office, as of 1 July 2016.
ANSWER:
As noted in my last response, at 1 July 2016, 217.59 FTE staff were employed by the Premier’s Office.
[Question 11 521 reinstated by order of President on 29 March 2018. Hansard reference to original answer: 15 December 2017, page 7066.]
Training and skills
11 537. MR RICH-PHILLIPS — To ask the Minister for Training and Skills: How many full time equivalent ministerial staff (including those working on secondment from departments or agencies) were working within your ministerial office, as of 1 July 2016.
ANSWER:
My answer was fulsome and complete. I refer you to the Premier’s response to your question.
[Question 11 537 reinstated by order of President on 21 February 2018. Hansard reference to original answer: 6 February 2017, page 325.]
Premier
11 543. MR RICH-PHILLIPS — To ask the Special Minister of State (for the Premier): How many female ministerial staff (including those working on secondment from departments or agencies) were working within the Premier’s office, as of 1 July 2016.
ANSWER:
As noted in my last response, at 1 July 2017, 129.19 FTE female employees were employed by the Premier’s Office.
[Question 11 543 reinstated by order of President on 27 March 2018. Hansard reference to original answer: 15 December 2017, page 7067.]
Training and skills
11 559. MR RICH-PHILLIPS — To ask the Minister for Training and Skills: How many female ministerial staff (including those working on secondment from departments or agencies) were working within your ministerial office, as of 1 July 2016.
ANSWER:
My answer was fulsome and complete. I refer you to the Premier’s response to your question.
[Question 11 559 reinstated by order of President on 21 February 2018. Hansard reference to original answer: 6 February 2017, page 328.]
Premier
11 565. MR RICH-PHILLIPS — To ask the Special Minister of State (for the Premier): How many new employees commenced work within the Premier’s office (including those working on secondment from departments or agencies) between 1 July 2015 and 1 July 2016.
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Tuesday, 1 May 2018 COUNCIL 1601
ANSWER:
As noted in my last response, 69 new employees commenced their employment between 1 July 2015 and 1 July 2016.
[Question 11 565 reinstated by order of President on 27 March 2018. Hansard reference to original answer: 15 December 2017, page 7067.]
Training and skills
11 581. MR RICH-PHILLIPS — To ask the Minister for Training and Skills: How many new employees commenced work within your ministerial office (including those working on secondment from departments or agencies) between 1 July 2015 and 1 July 2016.
ANSWER:
My answer was fulsome and complete. I refer you to the Premier’s response to your question.
[Question 11 581 reinstated by order of President on 21 February 2018. Hansard reference to original answer: 6 February 2017, page 331.]
Special Minister of State
11 596. MR RICH-PHILLIPS — To ask the Special Minister of State: In relation to the Victorian Government IT Strategy, what level of resourcing has the Government committed to the IT Strategy in 2017-18, excluding resources directly related to the Service Victoria project.
ANSWER:
The 2017-18 actions arising from the original IT strategy are supported by committed funds of $8.45 million set aside for the IT strategy.
In addition, all government departments continue to utilise ‘business-as-usual’ staffing resources to deliver the 2017-18 actions of the IT strategy.
Further the IT Strategy provides guidance to the government’s IT portfolio, including departmental funds used for current IT project costs visible on the Victorian Government ICT Dashboard.
Health
11 821. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Victorian Aboriginal Subsidised Spectacles Scheme (VASSS) —
(1) why were Aboriginal Victorians unable to access subsidised spectacles under the VASSS for July and most of August 2017; (2) why has the VASSS funding been extended for only 12 months covering 2017-18 and not the multi-year agreements normally agreed; and (3) can it be guaranteed that access to subsidised spectacles will not temporarily stop again if the program is to be continued in 2018-19.
ANSWER:
I am informed that:
The Andrews Labor Government is committed to closing the gap on eye health outcomes in Aboriginal communities, by increasing access to spectacles and eye care services, through programs such as the Victorian Aboriginal Subsidised Spectacles Scheme. The current Scheme is considered to be the ‘Gold’ standard in Australia,
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and the only scheme that meets all of the Principles for nationally consistent subsidised spectacle schemes for Aboriginal and Torres Strait Islander people specified by Optometry Australia.
The contribution of vision loss to the Aboriginal health gap is estimated at 11 per cent, with vision loss for Aboriginal Australians nearly double that of non-Aboriginal Australians.
The funding allocated to the Victorian Aboriginal Subsidised Spectacles Scheme from 2013 to 2017 totalled $750 000, and provided 6618 spectacles. With further investment into the scheme, as of January this year over 11 000 spectacles have been provided to Victorian Aboriginal community members with important improvements in eye health.
Due to its success, the Government has committed to extend the program.
Health
11 822. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the National Proton Beam Therapy Centre —
(1) is the business case complete; (2) how much will the National Proton Beam Therapy Centre cost; (3) where will the National Proton Beam Therapy Centre be located; (4) the 2017-18 Budget estimates $5 million will be spent on the National Proton Beam Therapy Centre in 2017-18, what will the $5 million be spent on; and (5) the estimated completion date for the Proton Beam Therapy Centre in the 2017-18 Budget Papers is to be confirmed, why has the Government not committed to an estimated completion date.
ANSWER:
I am informed that:
The National Proton Beam Therapy Centre project full business case is in development.
Estimated expenditure in 2017-18 will progress planning and development, including completion of the full business case.
Prevention of family violence
12 387. MS CROZIER — To ask the Minister for Families and Children (for the Minister for the Prevention of Family Violence): How many family violence intervention orders against mothers have been taken out by foster carers from 1 July 2016 to 30 June 2017.
ANSWER:
I am informed that:
The Department of Health and Human Services’ reporting systems do not go into such in-depth detail to answer this Question on Notice.
Prevention of family violence
12 388. MS CROZIER — To ask the Minister for Families and Children (for the Minister for the Prevention of Family Violence): How many family violence intervention orders against fathers have been taken out by foster carers from 1 July 2016 to 30 June 2017.
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ANSWER:
I am informed that:
The Department of Health and Human Services’ reporting systems do not go into such in-depth detail to answer this Question on Notice.
Roads and road safety
12 431. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): How much money is the Government spending on its marketing campaign ‘Bolton Street Open for Business’.
ANSWER:
The Andrews Labor Government has finished the Bolton Street upgrade, after locals waiting decades for the councils to do something about community concerns around traffic and safety in the area
VicRoads worked closely with local traders and the community while works were being finished.
All communications with the community while this important upgrade was underway were undertaken within the project budget.
We know the road works were frustrating for the Bolton Street traders — but not as frustrating as another decade of gridlock.
Planning
12 465. MS DUNN — To ask the Minister for Trade and Investment (for the Minister for Planning): In relation to planning for sustainable animal industries, the proposed changes to the planning regime provide for a homogeneous approach regardless of lot sizes and context within zones, will the Minister consider ensuring that ‘better information and technical support’ in the form of standard conditions or industry specific technical guidelines is incorporated in the planning regime for the various production types to guide decision making.
ANSWER:
Planning for Sustainable Animal Industries is the Victorian Government’s response to the final report of the Animal Industries Advisory Committee. The response includes 12 actions, including actions that will deliver better information and technical support, model permit conditions and industry-specific technical guidelines. The actions related to the Member’s request along with their status is provided below:
– Action 2 — Provide early planning and development assistance through Agribusiness Development Facilitation and interactive web-based development tools. This action has been implemented.
– Action 6 — Establish a panel of animal industries specialists to provide technical support to local government. The Department of Economic Development, Jobs, Transport and Resources (DEDJTR) is consulting local government to identify the areas where technical support would be most useful, and the most practical and effective method for delivering that support.
– Action 8 — Develop a new general Code of Practice for animal industries complemented by industry-specific technical guidelines. DEDJTR has prepared a draft Code of Practice and industry-specific guidelines, with input from an industry technical reference group. These documents will be further developed in consultation with industry, local government and broader stakeholders. When complete, the Code of Practice will be incorporated into planning schemes.
– Action 10 — Develop and make available short courses on sustainable animal industries. This action has been implemented.
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– Action 12 — Develop clear guidance to improve quality of planning permit applications, and develop model permit conditions to guide local government. In 2017, the Department of Environment, Land, Water and Planning and DEDJTR undertook public consultation on this and other actions. The feedback received in over 170 submissions from farmers, local government and other members of the public is currently been reviewed.
Tourism and major events
12 467. MS PENNICUIK — To ask the Minister for Trade and Investment (for the Minister for Tourism and Major Events): How much funding has been allocated by the State Government to the Defence Science Institute each year since 2010.
ANSWER:
This Question is a matter for the relevant Minister, Ben Carroll, in his capacity as the Minister for Industry.
Tourism and major events
12 468. MS PENNICUIK — To ask the Minister for Trade and Investment (for the Minister for Tourism and Major Events): What mechanisms are in place to ensure that any research sponsored by the State Government funding to the Defence Science Industry is not creating an export weapons industry or technologies that will contribute to the development of weapons systems (such as lethal autonomous weapons systems).
ANSWER:
This Question is a matter for the relevant Minister, Ben Carroll, in his capacity as the Minister for Industry.
Police
12 471. MR O’DONOHUE — To ask the Minister for Training and Skills (for the Minister for Police): How many female prisoners were held in police cells at 7.00 a.m. on the following dates —
(1) 31 December 2017; and (2) 31 January 2018.
ANSWER:
I am advised that on 31 December 2017 at 7.00am there were three female prisoners in police cells and on 31 January 2018 at 7.00am there were four female prisoners in police cells.
Police
12 472. MR O’DONOHUE — To ask the Minister for Training and Skills (for the Minister for Police): How many male prisoners were held in police cells at 7.00 a.m. on the following dates —
(1) 31 December 2017; and (2) 31 January 2018.
ANSWER: I am advised that on 31 December 2017 at 7.00am there were 68 male prisoners in police cells and on 31 January 2018 at 7.00am there were 153 male prisoners in police cells.
Police
12 474. MS WOOLDRIDGE — To ask the Minister for Training and Skills (for the Minister for Police): As at December 2016, how many police officers were stationed at Eltham Police Station.
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ANSWER:
As the member would be aware, for operational and security reasons Victoria Police do not publicly disclose staff numbers at police station level.
I am advised by the Office of the Chief Commissioner of Victoria Police that, as at December 2016 there were 54.68 Full Time Equivalent police resources allocated to the Nillumbik Police Service Area, in which the Eltham Police Station is located.
Education
12 482. MS WOOLDRIDGE — To ask the Minister for Training and Skills (for the Minister for Education): What is the projected number of students from the 18 partner Government and non-Government secondary schools who will be using the facilities of the Banyule-Nillumbik Tech School when it opens later this year.
ANSWER:
I am informed as follows:
The Tech Schools initiative is proceeding apace. Three Tech Schools are now in operation and the remaining seven will open throughout this year.
Construction at the Banyule-Nillumbik Tech School is well progressed. When the Tech School opens in mid-2018 it will include digital labs, physical creation spaces, virtual conference spaces and exhibition spaces.
The Banyule-Nillumbik Tech School will offer advanced multi-age and multi-stage specialist STEM learning programs for secondary students from across the local area. These programs will utilise the latest-technology, such as CNC machinery, laser cutters, digital content creation and multimedia.
Tech School learning program delivery will occur both on site and through integration with the partner schools’ curriculum. Industry partners are actively involved, including a pilot program focussed on biotechnology with CSL Behring and The Committee for Melbourne.
The high-tech hands-on programs will be offered free to more than 12 500 students from the 18 government, catholic and independent schools and are aligned with industries predicted to experience economic and employment growth — helping kids secure the jobs they need in the future.
Health
12 519. MS WOOLDRIDGE — To ask the Minister for Families and Children (for the Minister for Health): In relation to the Regional Health Infrastructure Fund, has Northeast Health Wangaratta received any funding, and if so, how much and for what project.
ANSWER:
I am informed that:
In 2016 the Andrews Labor Government established the $200 million Regional Health Infrastructure Fund, the largest fund of its kind in Victorian history, to improve health services and agencies in rural and regional Victoria. The funding is available to expand capacity, improve safety, quality and efficiency and deliver better care to patients no matter where they live. Round 1 of the fund allocated $134 million across 93 projects around the state. Round 2 will see the balance of approximately $60 million allocated to an additional 79 projects across the rural and regional health services.
Round 1 of the fund allocated $15,175,00 to the redevelopment of Northeast Health Wangaratta, delivering the construction of a new twelve bed critical care unit, a new medical records unit, relocation of the oncology unit, expansion of the emergency department and associated engineering infrastructure.
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Round 2 of the fund allocated an additional $6,997,990 to complete building fabric changes to deliver an additional four maternity beds, a refurbished birthing suite and an obstetric assessment area. Further, this stage of the redevelopment will deliver an additional six medical beds.
Public transport
12 520. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Public Transport): In relation to the $125 000 of funding for an innovative community transport service pilot in the Wimmera Region, announced on 7 March 2017 —
(1) on what date did the pilot commence; (2) since it commenced, how many patients have been transported; (3) how many volunteers have participated as part of the pilot since it commenced; (4) with the first 12 months of the pilot funded by the Government, will the $60 000 raised by the Centre for Participation, local council and health providers be adequate to cover the remaining 12 months; (5) on what date will there be sufficient evidence for the pilot to be evaluated; and (6) will that data be made public.
ANSWER:
The Wimmera Community Transport service is an innovative transport solution for the Wimmera region, bringing together community partners to guide its establishment.
Volunteers have been recruited to help run the door to door service between Kaniva and Horsham. The Centre for Participation (CfP) is also currently developing the travel companion service between Edenhope and Horsham and the after-hours transport service from Horsham to patients’ homes wherever they reside within the Wimmera.
The Andrews Labor Government has contributed $125 000 to the trial and Transport for Victoria is working with the CfP on the implementation of the service and the evaluation.
However, it is important to consider not only the quantitative aspects of this trial but also the qualitative outcomes. This considers how this transport solution will play a vital role in linking community members to health services and addressing social isolation in regional areas.
Health
12 527. MS PATTEN — To ask the Minister for Families and Children (for the Minister for Health): In relation to the operation of the Medicinal Cannabis Act 2016 and the Minister’s previous advice that eligible patient groups will be expanded over time, based on best available evidence and the advice of the Independent Medical Advisory Committee (IMAC) —
(1) how regularly is the IMAC scheduled to meet; (2) how many times has the IMAC met since the committee was formed; (3) how is the advice of the IMAC communicated to the Minister and the Secretary to the Department of Health and Human Services; (4) has the Minister and the Secretary to the Department of Health and Human Services received advice from IMAC in relation to expanding eligible patient groups, that either the Minister or Secretary has not yet acted on.
ANSWER:
I am informed that:
The IMAC has met nine times to date and is scheduled to meet quarterly in 2018. The advice of the IMAC is communicated to the Secretary and Minister via departmental processes and briefings.
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Health
12 528. MS PATTEN — To ask the Minister for Families and Children (for the Minister for Health): In relation to the provision of medicinal cannabis to Victorians and the Government announcing in October 2015 that it accepted all recommendations of the Victorian Law Reform Commission including recommendations that eligibility for the Victorian scheme should be based on conditions including ‘severe pain arising from cancer, HIV or AIDS’, when is it anticipated that medicinal cannabis will be available to Victorians suffering in this way.
ANSWER:
I am informed that:
The Commonwealth regulatory landscape for medicinal cannabis has changed since the drafting and passing into law of the ground-breaking Victorian Access to Medicinal Cannabis Act 2016.
As a consequence, approvals to access medicinal cannabis in Victoria are not restricted to ‘eligible patient groups.’ Any doctor may apply, on behalf of any patient, to the Commonwealth’s Therapeutic Goods Administration (TGA) for approval to prescribe a medicinal cannabis product for any medical condition, via the TGA’s Special Access Scheme (Category B). Patients do not require any further additional approvals under the Victorian Access to Medicinal Cannabis Act 2016 (the Act).
In view of this changed Commonwealth regulatory landscape, on 17 January this year, the Minister for Health announced that the Act’s regulatory regimes for manufacturing licensing and for patient access, including the ‘eligible patient’ provisions, would not be brought into force; since doing so would have no effect other than to impose secondary layers of regulatory compliance on industry and on Victorian patients who wish to access medicinal cannabis. Consequently, there is no need to, nor effect of designating ‘eligible patient groups’ under the Act, and no role for the Independent Medical Advisory Committee in advising on such designation; and accordingly no such advice has been tendered. In due course, it is envisaged that the Victorian Access to Medicinal Cannabis Act 2016 may be repealed.
The only current Victorian State-level regulatory requirement for patients to access medicinal cannabis is in the issuing of a Schedule 8 Treatment Permit under the Drugs, Poisons and Controlled Substances Act 1981, if the medicinal cannabis product the doctor wishes to prescribe is classified as a Schedule 8 drug. Medicinal cannabis products containing more than 2% tetrahydrocannabinol (THC) fall within this classification. This is a process which applies to all Schedule 8 drugs, and is not cannabis-specific. Most Schedule 8 Treatment Permit applications in Victoria are currently being processed within 24 hours.
As at 31 January 2018, the Therapeutic Goods Administration had approved 77 applications for access to medicinal cannabis for Victorian patients. The majority of these involved Schedule 4 products which do not need any additional Victorian approval.
As at 13 February 2018, 29 Victorian Schedule 8 Treatment Permits have been granted to patients with a wide variety of medical conditions, including multiple sclerosis, cancer and various other conditions resulting in severe pain.
The cost of medicinal cannabis products is significant and they are not currently subsidised via the PBS. Until this changes, cost will remain a significant barrier to access for the vast majority of Victorians.
Roads and road safety
12 536. MS DUNN — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): What is VicRoads doing in relation to the backlog of assessment of medical fitness for holding a licence.
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ANSWER:
In 2015, VicRoads revamped its capability, capacity and processes to improve its processing time on ‘fitness to drive’ case file assessments from 15 days to 72 hours. Over the last two years, VicRoads has consistently met this service standard.
VicRoads continuously monitors customer demand and adjusts staff resources and work hours accordingly, when demand is higher than forecast. Work is prioritised based on road safety risk and customer inconvenience. The situation is monitored and managed dynamically daily.
Roads and road safety
12 537. MS DUNN — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): Why does VicRoads require residents in regional Victoria to pay for medical specialists to come from Melbourne, if not locally available, to determine their fitness to drive.
ANSWER: When VicRoads receives information that raises concerns about a person’s health and affecting their fitness to drive, VicRoads will ask the person for a medical report from their general practitioner. Sometimes, VicRoads will need more information about a medical condition raised in the general practitioner’s medical report and will seek a specialist report, in accordance with national Assessing Fitness to Drive licensing standards (Austroads / National Transport Commission, 2016).
Where a specialist report is required to further assess a person’s fitness to drive, it is the responsibility of the driver to provide VicRoads, at their own cost, the requested report. As with which specialist the driver consults or where they may be located, VicRoads does not have a preference as long as the specialist providing the report is qualified to do so. VicRoads does not set specialists fees or practise locations.
VicRoads strongly recommends that drivers discuss fees and charges with the specialist before making an appointment.
Roads and road safety
12 538. MS DUNN — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): What is VicRoads doing to ensure people that lose their licence due to a misreporting of a medical condition are able to appeal to remove those restrictions.
ANSWER:
When VicRoads receives information that raises concerns about a person’s health and affecting their fitness to drive, VicRoads will ask the person for a medical report from their general practitioner or specialist.
If the review process shows the driver meets the national medical licensing standards, they will be able to keep driving, but may have some conditions added to their licence, and/or be reviewed periodically. If the review shows no medical condition/s affecting their fitness to drive, the driver’s review file will be closed.
If the review shows that the driver does not meet the national medical licensing standards, they will not be able to continue driving.
VicRoads encourages customers to contact its medical review team if they believe information provided to VicRoads is incorrect.
If a person’s licence or learner permit is varied, suspended or cancelled due to a ‘fitness to drive’ assessment, they have the right to an internal review of the decision or can appeal the decision at the Magistrates’ Court.
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Roads and road safety
12 547. MS DUNN — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): In relation to the North East Link project —
(1) how much of the Koonung Creek Parklands (in specific square metres) will be taken for the widening of the freeway between Burke and Elgar Road; (2) has, or will, the North East Link Authority conduct modelling of air pollution impacts, particularly near tunnel portals and if so, will the Minister release the modelling; (3) how will the local community be impacted by acquisitions or changes to the road network due to the Manningham Road interchange of the North East Link; and (4) as the project will affect the flow into the Banyule drain, will the trees between Lower Plenty and Banyule Road be destroyed by the North East Link.
ANSWER:
1) The North East Link Authority is aiming to keep upgrade works to the Eastern Freeway within the existing road reserve. Where this is not possible, small pieces of public land may be required to avoid acquiring homes on both sides of the freeway. It is too early to define the area of impact in square meters, however a focus of the design development will be to minimise impact on Koonung Creek Parklands and all public open space along the Eastern Freeway. The Authority is working with Melbourne Water, local councils and the community to manage any potential impacts.
2) A detailed assessment of any potential air quality impacts from delivery or operation of the project will be done during the development of the Environment Effects Statement (EES). This assessment will include modelling of air pollutants to understand existing conditions and predict any changes. The modelling will assess the tunnel ventilation system and inform the design needed to achieve air quality in accordance with all Environment Protection Authority (EPA) policies and State Environment Protection Policies. The results of the air quality modelling will be included in the air quality assessment publicly exhibited with the EES.
3) An interchange at Bulleen Road and Manningham Road will allow local people to use North East Link. They will be able to commute more effectively between north-eastern suburbs and have greater access to Melbourne’s freeway network. The Authority is working directly with people whose home or business could potentially be affected by the project. An upgraded intersection at Bulleen Road gives us the opportunity to improve pedestrian and cycling access near local schools and sports facilities.
4) As part of the EES, the Authority will be doing further surveys and analysis to determine the full extent of native flora and fauna that may be affected by the project. This process also includes an assessment of waterways and floodplains within or intersecting the project area.
Roads and road safety
12 557. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): When was the decision made to install lights at the Bolton Street and Main Road intersection in Eltham for left turning traffic.
ANSWER:
The Andrews Labor Government has finished the Bolton Street upgrade, after locals waiting decades for the councils to do something about community concerns around traffic and safety in the area.
VicRoads worked closely with local traders and the community while works were being finished.
We know the road works were frustrating for the community and traders — but not as frustrating as another decade of gridlock.
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There was one left turning lane at the location and the current Project will provide an additional lane. The traffic lights will enable motorists to turn safely as part of the new double left turn slip lanes and provide safe access to pedestrians crossing at the intersection.
The decision to install traffic signals at Bolton Street and Main Road intersection for left turning traffic was made in March 2017, following community engagement and input.
Roads and road safety
12 558. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): Why was the decision made to install lights at the Bolton Street and Main Road intersection in Eltham for left turning traffic.
ANSWER: There was one left turning lane at the location and the current Project will provide an additional lane. The traffic lights will enable motorists to turn safely as part of the new double left turn slip lanes and provide safe access to pedestrians crossing at the intersection.
The decision to install traffic signals at this intersection was made in March 2017, following community engagement and input.
Roads and road safety
12 559. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): Why has the Bolton Street, Eltham project updates not detailed the new lights being installed for left turning traffic at the Bolton Street and Main Road intersection.
ANSWER: VicRoads has provided information regarding the new traffic signals at the Bolton Street and Main Road intersection progressively throughout the project via community project e-newsletters, letters, pamphlets and websites.
Roads and road safety
12 561. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): In relation to congestion on Bolton Street in Eltham — (1) what measure is used to quantify congestion on Bolton Street; (2) what is the value of that measure on Bolton Street prior to the redevelopment; and (3) what is the expected value of that measure once the road redevelopment is completed.
ANSWER: The benefits of upgrading Bolton Street is improved safety, amenity, access to local roads and better traffic flow. Traffic flow is improved along Bolton Street by providing a continuous right turning median; left turn deceleration lanes to local roads; additional left run slip lane at Bolton Street and Main Road intersection and left turn lane extension at Bolton Street/Sherbourne Road/ Bridge Street intersection.
Early childhood education
12 563. MS WOOLDRIDGE — To ask the Minister for Early Childhood Education: In relation to kindergartens in the electorate of Eltham — (1) which kindergartens received funding in the latest round of the Inclusive Kindergartens Facilities Program; (2) what is the total amount of funding that each kindergarten will receive; and (3) what will it be used for.
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ANSWER:
I am informed as follows:
On 14 February I was pleased to announce the opening of applications for the $6.4 million Inclusive Kindergarten Facilities Program. This formed part of the Andrews Labor Government’s $61 million suite of inclusive education initiatives announced in November 2017.
Given that applications for the IKFP are currently open, it is not possible to give details of any successful grant recipients. Successful applicants will be announced once applications have closed and assessments have been completed.
Trade and investment
12 567. MRS PEULICH — To ask the Minister for Trade and Investment: In relation to your written response to my Question without Notice relating to the Multicultural Business Ministerial Council and probity checks dated 20 February 2018 —
(1) how many applications were received in relation to the membership of the Ministerial Council; (2) who from the Department conducted the governance and probity checks into Mr Mike Yang; (3) was Mr Yang on the original shortlist of candidates presented from the Department for your approval; and (4) was Mr Yang’s appointment endorsed by Cabinet and if so, on what date.
ANSWER: With Victoria being the most culturally diverse state in the country, the Labor Government proudly continues to support people from non-English speaking backgrounds in their small business ventures.
I am advised that the Department of Economic Development, Jobs, Transport and Resources received a number of applications in relation to the most recent iteration of the Multicultural Business Ministerial Council. Mr Yang was on the original list of candidates provided by the department. The term of these positions concluded on 12 February 2018.
As outlined in my previous response, the department coordinated thorough governance and probity checks in accordance with standard procedures prior to the appointment of all members. The shortlisting process was informed by the successful completion of this process, as well as the strength of each candidate’s application where they were required to outline their suitability for the council.
In accordance with the requirements of the Ministerial Council the position of Chair was endorsed by Cabinet.
Treasurer
12 568. MS PATTEN — To ask the Special Minister of State (for the Treasurer): In relation to chapter five of Budget Paper 5 which assesses forgone land tax revenue on ‘land used by charitable institutions’ at $191 million for the current financial year and attributes ‘assessment on single holding basis for land owned by charities’ as $19 million in forgone revenue for the same period —
(1) what proportion of this forgone land tax revenue relates to religious institutions; and (2) what proportion relates to land owned by religious institutions not used exclusively as a place of worship.
ANSWER:
(1) The tax expenditure for ‘land used by charitable institutions’ for the 2017-18 financial year is expected to be $193 million, as estimated in the 2017-18 Budget. The State Revenue Office (SRO) is not able to reliably identify whether the owner of the land is a religious institution. However, it is estimated that around
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$36 million out of the $193 million in land tax revenue foregone is related to land used for religious purposes (e.g. place of worship, religious hall, etc…), according to land use classifications under the Australian Valuation Property Classification Code (AVPCC).
(2) For the land tax concession category ‘assessment on single holding basis for land owned by charities’, an estimate cannot be provided as the SRO is not able to reliably identify whether the owner of the land is a religious institution.
Treasurer
12 569. MS PATTEN — To ask the Special Minister of State (for the Treasurer): In relation to chapter five of Budget Paper 5 which assesses payroll tax concessions for religious institutions in the current financial year as $4 million, can the Minister categorise the type of workplaces within religions institutions these payroll tax concessions were applied to.
ANSWER:
Religious institutions are exempt from payroll tax under the Payroll Tax Act 2007. There are approximately 20 religious institutions that have received a formal religious institution exemption. However, this should be seen as the minimum number of religious institutions receiving the exemption.
Religious institutions have only been required to apply for a formal exemption effective from 1 July 2012. This means that religious institutions that were exempt from payroll tax prior to 1 July 2012 would not have needed to apply for a formal exemption.
Also, a number of religious institutions may be recorded as receiving the charitable organisation exemption and not the religious institution exemption.
The limited information on the religious institutions means that it is difficult to categorise the type of workplaces within religious institutions receiving the payroll tax exemption.
The payroll tax exemption for religious institutions only applies to the wages paid to persons engaged exclusively in the work of the religious institution. It does not apply to wages paid to persons engaged in commercial activities that are unrelated to the religious purpose of the institution.
Tourism and major events
12 570. MS DUNN — To ask the Minister for Trade and Investment (for the Minister for Tourism and Major Events): In relation to signing the development agreement with Apple Corporation for the proposed flagship retail store at Federation Square, did the Minister take legal and policy advice as to the confidentiality provisions and what was that advice.
ANSWER:
Apple Corporation entered into confidential agreements with Federation Square Pty. Ltd. as the landlord for Federation Square.
The Victorian Government regularly has discussions with a range of private companies about proposals across all sectors. Often these discussions are commercial in confidence and it is not appropriate to comment on them.
Tourism and major events
12 571. MS DUNN — To ask the Minister for Trade and Investment (for the Minister for Tourism and Major Events): In relation to signing the development agreement with Apple Corporation for the proposed flagship retail store at Federation Square, when did negotiations with Apple commence and conclude.
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Tuesday, 1 May 2018 COUNCIL 1613
ANSWER:
Apple Corporation entered into confidential agreements with Federation Square Pty. Ltd. as the landlord for Federation Square.
The Victorian Government regularly has discussions with a range of private companies about proposals across all sectors. Often these discussions are commercial in confidence and it is not appropriate to comment on them.
Tourism and major events
12 574. MS DUNN — To ask the Minister for Trade and Investment (for the Minister for Tourism and Major Events): In relation to signing the development agreement with Apple Corporation for the proposed flagship retail store at Federation Square, has a binding agreement been signed and if so — (1) what are the principal terms of that agreement; (2) under what conditions may it be terminated; (3) how long is the term of the agreement; and (4) what are the rights and obligations of Apple and the Government (or its authorities) upon termination of the agreement.
ANSWER:
Apple Corporation entered into confidential agreements with Federation Square Pty. Ltd., as the landlord for Federation Square, and therefore it is not appropriate to comment on the terms of the agreement.
Tourism and major events
12 576. MS DUNN — To ask the Minister for Trade and Investment (for the Minister for Tourism and Major Events): In relation to signing the development agreement with Apple Corporation for the proposed flagship retail store at Federation Square — (1) what planning amendments/changes have been made to accommodate this proposal, when were they made and by whom; and (2) what public consultation took place in relation to these planning changes.
ANSWER: Apple Corporation entered into confidential agreements with Federation Square Pty. Ltd. as the landlord for Federation Square.
Details of Amendment C314 to the Melbourne Planning Scheme are publicly available through the Department of Environment, Land, Water and Planning’s website.
On 10 December 2017, the Minister for Planning exercised the power under section 20 (4) of the Planning and Environment Act (1987) to exempt himself from the requirement to notice and to prepare, adopt and approve Amendment C314 to the Melbourne Planning Scheme. A notice of the amendment appeared in the Government Gazette on 20 December 2017.
Industry and employment
12 577. MS BATH — To ask the Minister for Agriculture (for the Minister for Industry and Employment): In relation to the finance department of the Latrobe Valley Authority — (1) how many employees perform their duties directly from the office located within the Latrobe Valley; (2) how many employees perform their duties directly from Melbourne; and (3) what is the contractual term for these employees.
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ANSWER:
With regards to the enclosed/attached Questions on Notice from Melina Bath MLC to the Minister for Agriculture (representing the Minister for Industry and Employment), please note that the Latrobe Valley Authority is administered via the Department of Premier & Cabinet. As such, the questions should be directed to that Department for response.
Industry and employment
12 578. MS BATH — To ask the Minister for Agriculture (for the Minister for Industry and Employment): In relation to the worker transition scheme department of the Latrobe Valley Authority — (1) how many employees perform their duties directly from the office located within the Latrobe Valley; (2) how many employees perform their duties directly from Melbourne; and (3) what is the contractual term for these employees.
ANSWER: With regards to the enclosed/attached Questions on Notice from Melina Bath MLC to the Minister for Agriculture (representing the Minister for Industry and Employment), please note that the Latrobe Valley Authority is administered via the Department of Premier & Cabinet. As such, the questions should be directed to that Department for response.
Industry and employment
12 579. MS BATH — To ask the Minister for Agriculture (for the Minister for Industry and Employment): In relation to the grants department of the Latrobe Valley Authority — (1) how many employees perform their duties directly from the office located within the Latrobe Valley; (2) how many employees perform their duties directly from Melbourne; and (3) what is the contractual term for these employees.
ANSWER:
With regards to the enclosed/attached Questions on Notice from Melina Bath MLC to the Minister for Agriculture (representing the Minister for Industry and Employment), please note that the Latrobe Valley Authority is administered via the Department of Premier & Cabinet. As such, the questions should be directed to that Department for response.
Industry and employment
12 580. MS BATH — To ask the Minister for Agriculture (for the Minister for Industry and Employment): In relation to the media and communications department of the Latrobe Valley Authority — (1) how many employees perform their duties directly from the office located within the Latrobe Valley; (2) how many employees perform their duties directly from Melbourne; and (3) what is the contractual term for these employees.
ANSWER: With regards to the enclosed/attached Questions on Notice from Melina Bath MLC to the Minister for Agriculture (representing the Minister for Industry and Employment), please note that the Latrobe Valley Authority is administered via the Department of Premier & Cabinet. As such, the questions should be directed to that Department for response.
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Industry and employment
12 581. MS BATH — To ask the Minister for Agriculture (for the Minister for Industry and Employment): In relation to the governance department of the Latrobe Valley Authority —
(1) how many employees perform their duties directly from the office located within the Latrobe Valley; (2) how many employees perform their duties directly from Melbourne; and (3) what is the contractual term for these employees.
ANSWER: With regards to the enclosed/attached Questions on Notice from Melina Bath MLC to the Minister for Agriculture (representing the Minister for Industry and Employment), please note that the Latrobe Valley Authority is administered via the Department of Premier & Cabinet. As such, the questions should be directed to that Department for response.
Industry and employment
12 582. MS BATH — To ask the Minister for Agriculture (for the Minister for Industry and Employment): In relation to the business development department of the Latrobe Valley Authority —
(1) how many employees perform their duties directly from the office located within the Latrobe Valley; (2) how many employees perform their duties directly from Melbourne; and (3) what is the contractual term for these employees.
ANSWER:
With regards to the enclosed/attached Questions on Notice from Melina Bath MLC to the Minister for Agriculture (representing the Minister for Industry and Employment), please note that the Latrobe Valley Authority is administered via the Department of Premier & Cabinet. As such, the questions should be directed to that Department for response.
Energy, environment and climate change
12 584. MS DUNN — To ask the Special Minister of State (for the Minister for Energy, Environment and Climate Change): In relation to the use of Flash 21, does the Department of Environment, Land, Water and Planning (DELWP) or its contractors use Flash 21 fuel Gelling Agent during logging coupe regeneration burns or fuel reduction burns, and, if so —
(1) has DELWP conducted an assessment of the health risks to staff or contractors and members of the general public posed by the compounds created by the degradation of Flash 21 upon and after use; and (2) has DELWP conducted an assessment of the risks to the natural environment, including aquatic toxicity and poisoned water sources, by the compounds created by the degradation of Flash 21 after use.
ANSWER:
The Forest Fire Management Victoria (FFMVic) planned burning program is an important part of reducing bushfire risk to communities.
A number of ground and aerial ignition devices are available to FFMVic personnel to achieve its planned burn targets. The aerial driptorch (ADT) is one such device.
Flash 21 has been used as the thickening product ADT gel for many years by many agencies with no safety issues.
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FFMVic personnel operating this equipment and mixing the respective products are trained to the highest National standards.
Strict mixing procedures are followed and there have been no safety issues at ADT mixing sites since operations commenced. Personnel are equipped with approved protective personal equipment and material safety data sheets (MSDS) for the Flash 21 are available at each mixing site and from the Department of Environment, Land, Water and Planning.
There are strict procedures in place to ensure the safety of ground personnel during ADT ignition operations.
Worksafe Victoria investigated FFMVic ADT operations in June 2014. The Worksafe Inspector found no issues with FFMVic ADT operations, the respective safety procedures or the products involved in this operation.
Energy, environment and climate change
12 585. MS DUNN — To ask the Special Minister of State (for the Minister for Energy, Environment and Climate Change): In relation to the Haining Farm, will the Department of Environment, Land, Water and Planning release the inputs to the modelling used in the Haining Farm Bushfire Risk Analysis, and, if yes, where will this information be released.
ANSWER:
The data inputs used to model any change in bushfire risk following the redevelopment of Haining Farm have been collated and provided to the former Haining Farm Redevelopment Working Group.
I am advised that my office has offered you a briefing on this matter, which can be arranged to suit both offices.
Energy, environment and climate change
12 586. MS DUNN — To ask the Special Minister of State (for the Minister for Energy, Environment and Climate Change): In relation to the Haining Farm, will the Department of Environment, Land, Water and Planning release the planting list of the 315 000 trees and shrubs that are to be planted at Haining Farm, and, if yes, where will this information be released.
ANSWER:
The final plan for Haining Farm includes restoration of 42 hectares of habitat for two of Victoria’s most threatened species, the Helmeted Honeyeater and Lowland Leadbeaters possum. The development of the site is considered crucial to the survival of these species.
The habitat requirements of these species are quite specific and consistent with the historical ecological vegetation classes found at the site. The Department of Environment, Land, Water and Planning will collate this information and provide it as part of the next community update which will be publicly available on the Engage Victoria website.
My office is happy to offer you a briefing on this matter at a time that suits both our offices.
Equality
12 587. DR CARLING-JENKINS — To ask the Minister for Agriculture (for the Minister for Equality): What is the annual salary being paid to Victoria’s Commissioner for Gender and Sexuality.
ANSWER:
The annual salary of the Victorian Commissioner for Gender and Sexuality is paid within the VPS salary band of E02.
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Equality
12 588. DR CARLING-JENKINS — To ask the Minister for Agriculture (for the Minister for Equality): How much funding has been allocated to the Lesbian, Gay, Bisexual, Trans and Gender Diverse and Intersex (LGBTI) Taskforce since it was established in 2015.
ANSWER:
There is no specific funding allocation to the LGBTI Taskforce.
Equality
12 589. DR CARLING-JENKINS — To ask the Minister for Agriculture (for the Minister for Equality): How much funding has been allocated for the Lesbian, Gay, Bisexual, Trans and Gender Diverse and Intersex (LGBTI) Equality Roadshow.
ANSWER:
The roadshow is funded out of the Combatting Homophobia initiative as set out in the Department of Treasury and Finance budget papers, which are publicly available.
Education
12 590. DR CARLING-JENKINS — To ask the Minister for Training and Skills (for the Minister for Education): In relation to the Safe Schools program, what has been the total financial cost of running the program since the Department of Education and Training assumed control of the program from La Trobe University in 2017.
ANSWER:
I am informed as follows:
In 2010, the Andrews Labor Government established the Safe Schools program to help schools foster a safe environment that is supportive and inclusive of lesbian, gay, bisexual, transgender and intersex (LGBTI) students. The program recognises that creating a safe and inclusive environment is key to tackling bullying and harassment. Students cannot learn effectively if they are being bullied at school.
The Government has committed to make all government secondary schools, including P-12 and special schools, Safe Schools by the end of 2018.
A key part of the program is to provide professional development and training for secondary school teachers so that they are equipped to support LGBTI students.
The 2015-16 State Budget committed $1.04 million over four years towards the Andrews Government’s Safe Schools election commitment.
In 2017-18, a total of $510 000 has been committed to the program ($270 000 from the State Budget and $240 000 from the Department of Education and Training and the Department of Health and Human Services). The Department will meet any additional costs internally from its existing budget.
Equality
12 591. DR CARLING-JENKINS — To ask the Minister for Agriculture (for the Minister for Equality): In relation to the Equality portfolio —
(1) what was the total funding allocation and expenditure for the 2015-16 financial year; (2) what was the total funding allocation and expenditure for the 2016-17 financial year; and (3) what is the total funding allocation for the 2017-18 financial year.
QUESTIONS ON NOTICE
1618 COUNCIL Tuesday, 1 May 2018
ANSWER:
The information the Honourable Member seeks is publicly available on the websites of both the Department of Treasury and Finance, and the Public Accounts and Estimates Committee.
Families and children
12 592. MS CROZIER — To ask the Minister for Families and Children: In relation to the Aboriginal children in state-funded care in Victoria, as at 1 March 2018 —
(1) how many children are under the care of non-Aboriginal organisations; (2) how many children have been assigned with a cultural planner; (3) how many children have been transferred to Aboriginal community-controlled organisations; and (4) how many children are still waiting to be transferred.
ANSWER:
I am informed that:
In December 2017 I launched Aboriginal Children in Aboriginal Care which allows the CEO of an Aboriginal Community Controlled organisation (ACCO), to have guardianship responsibility for aboriginal children. The Victorian Aboriginal Childcare Agency (VACCA) have been authorised under this program and will assume guardianship responsibility for the initial 36 children.
Data relating to the support of Aboriginal children in care are published in the Department’s annual report.
No children are assigned to a cultural planner. The cultural planning model co designed with ACCOS are assigned responsibility for the development of a cultural plan to the child’s care team. Cultural planning advisors are employed to provide advice and support to care teams where required however they are not assigned to children.
In addition, Aboriginal children in out of home care on contractible orders will be case managed by ACCOS in the future. Currently 28% of these children are managed by ACCOS.
Families and children
12 593. MS CROZIER — To ask the Minister for Families and Children: In relation to the $5.3 million announced funding for the Foster and Kinship Carer Recruitment and Capacity Building initiative —
(1) how much has been expended for recruitment as at 1 March 2018; (2) how many Aboriginal foster carers have been recruited since its launch; (3) how many Aboriginal kinship carers have been recruited since its launch; (4) which organisations have been granted funding; and (5) where are these organisations located.
ANSWER: $5.3 million was allocated for capacity building, recruitment of Aboriginal carers and additional case contracted kinship care targets. $1.97 million has been distributed to 11 Aboriginal Community Controlled Organisations over two years to support the recruitment of carers, $275 000 was distributed to departmental divisions to provide oversight and monitoring, $3.01 million has been distributed to Aboriginal Community Controlled Organisations over two years for 88 Aboriginal kinship care case contracting targets.
Department of Health and Human Services reporting systems are not currently structured in a way to report an answer the number of Aboriginal foster carers recruited. We do not recruit kinship carers.
Aboriginal Community Controlled Organisations (ACCOs) who have been granted funding are:
QUESTIONS ON NOTICE
Tuesday, 1 May 2018 COUNCIL 1619
ACCO Rumbalara Aboriginal Cooperative Gippsland and East Gippsland Aboriginal Cooperative Wathaurong Aboriginal Cooperative Winda Mara Aboriginal Cooperative Goolum Goolum Aboriginal Service Gunditjmara Aboriginal Cooperative Ballarat and District Aboriginal Cooperative Mallee District Aboriginal Cooperative Bendigo and District Aboriginal Cooperative Njernda Aboriginal Cooperative Victorian Aboriginal Child Care Agency
Families and children
12 594. MS CROZIER — To ask the Minister for Families and Children: In relation to the $168 million funding for Roadmap for Reform, as at 1 March 2018 —
(1) how much has been expended; (2) how many initiatives have been completed; (3) how many initiatives are yet to be completed; and (4) when are they expected to be fully implemented.
ANSWER: Funding and expenditure will be reported in the budget in the usual way, as was the practice under the previous government.
All twelve roadmap initiatives have been implemented. There are no initiatives that are yet to be completed. All of the funded initiatives are expected to be fully implemented by 30 June 2018.
Families and children
12 596. MS CROZIER — To ask the Minister for Families and Children: In relation to the Child Protection Summer Vacation Program —
(1) how many children have participated since its inception; and (2) as at 3 March 2018, how many have been employed by the Department of Health and Human Services.
ANSWER:
The Child Protection Vacation Employment program is one of many key initiatives that provide eligible tertiary education students with work experience as a pathway to employment with the Department of Health and Human Services Child Protection program.
Data on numbers of employees in Child protection are published in the department’s annual report.
In September 2017, the Victorian Government announced $1.5 million to double the Vacation Employment Program to 80 places.
This expansion is a part of the Victorian Government’s $72.2 million investment to employ 452 new child protection workers — the biggest-ever boost to Victoria’s child protection workforce.
The twelve week rotation based program allows students to experience quality learning, engage in ‘real work’ and have the opportunity to secure full-time work at the end of the placement.
QUESTIONS ON NOTICE
1620 COUNCIL Tuesday, 1 May 2018
Families and children
12 598. MS CROZIER — To ask the Minister for Families and Children: In relation to the Department of Health and Human Services West Division Child Protection ‘Foot in the Door’ Program—
(1) how many children have participated since its inception; and (2) as at 3 March 2018, how many have been employed by the Department of Health and Human Services.
ANSWER:
I am informed that:
The ‘Foot in the Door’ program is an innovative initiative implemented in Child Protection, West Division, to provide final year students, who are adults not children, with an opportunity to gain further experience in working in a dynamic program to support vulnerable children and families involved in statutory intervention.
Data on numbers of employees in Child protection are published in the department’s annual report.
This initiative enables the program to engage students (post-placement) on a three-month contract as a Case Practice Support Worker (CPP2) while undergoing a recruitment process for a Child Protection Practitioner (CPP3).
Early childhood education
12 599. MS CROZIER — To ask the Minister for Early Childhood Education: In relation to Victoria’s four year old kindergarten participation rates —
(1) how many children have joined the program between 1 January 2015 and 31 December 2015; (2) how many children have joined the program between 1 January 2016 and 31 December 2016; (3) how many children have joined the program between 1 January 2017 and 31 December 2017; and (4) how many children participated in the full 15 hours per week program.
ANSWER:
I am informed as follows:
The number of children funded to participate in kindergarten in 2015, 2016 and 2017 can be found in the Victorian Budget Papers.
Early childhood education
12 601. MS CROZIER — To ask the Minister for Early Childhood Education: In relation to Victoria’s four year old kindergarten program, how many dedicated preschool buildings does the Government operate in and how many of these are attached to schools.
ANSWER:
I am informed as follows:
The State Government is not a direct provider of kindergarten services and therefore does not operate, as per your specific question, in any preschool buildings.
QUESTIONS ON NOTICE
Tuesday, 1 May 2018 COUNCIL 1621
Early childhood education
12 603. MS CROZIER — To ask the Minister for Early Childhood Education: How many state funded childcare providers currently exist in Victoria.
ANSWER: I am informed as follows: The State Government does not fund long day care in Victoria. This is the responsibility of the Federal Government. As at 1 January 2018, there are 2353 state-funded kindergarten services. Of these, 1199 are operated in long day care settings. In addition, the Victorian Government funds occasional care through the National Occasional Care Programme, which provides care for children when parents or guardians have other commitments. Federal Education Minister Simon Birmingham has confirmed he will cut this program, as of July, leaving kids, parents and service providers without funding for occasional care. The Victorian Government also funds the Family Learning Support Program which provides child care for parents and carers enrolled in and attending accredited or pre-accredited training at an eligible Learn Local organisation.
Families and children
12 604. MS CROZIER — To ask the Minister for Families and Children: In relation to maternal child health services, how many children and families have accessed the Government’s targeted and universal services and what is the breakdown per local government area.
ANSWER: I am informed as follows: It is unclear from the Member’s question, for which time period she is requesting information. Information on the number of consultations delivered in any financial year is available in the Maternal and Child Health Annual Reports, published on the Department of Education and Training website.
Families and children
12 605. MS CROZIER — To ask the Minister for Families and Children: In relation to maternal child health services, what data does the Department of Health and Human Services have in relation to families disengaging from maternal child health service visits and how many families have disengaged after the (1) first maternal child health service visit; (2) second maternal child health service visit; and (3) third maternal child health service visit.
ANSWER: I am informed as follows: Victoria’s Universal Maternal and Child Health Service delivers a free, universally accessible statewide service for all families with children aged from birth to school age. The core component of the Universal Service is the provision of ten Key Ages and Stages consultations, which encompass an initial home visit, and consultations at 2, 4 and 8 weeks; 4, 8, 12 and 18 months; and 2 and 3.5 years of age. Information on the number of consultations delivered in any financial year is available in the Maternal and Child Health Annual Reports, published on the Department of Education and Training website.
QUESTIONS ON NOTICE
1622 COUNCIL Tuesday, 1 May 2018
Families and children
12 606. MS CROZIER — To ask the Minister for Families and Children: As at 1 March 2018, how many families have accessed the Supported Playgroups program.
ANSWER: I am informed as follows: As not all supported playgroup sites have entered their data for Term 1, 2018, this figure is not yet available. The Andrews Labor Government provided $22.1 million to expand the Supported Playgroups program across Victoria as part of the 2017-18 Victorian Budget.
Early childhood education
12 607. MS CROZIER — To ask the Minister for Early Childhood Education: In relation to the Koori Families as First Educators Initiative, which organisations have been granted funding to carry out programs and how much did each organisation receive, broken down according to local government area or Department of Health and Human Services division.
ANSWER: I am informed as follows:
On 1 February 2018, I was pleased to visit the Ballarat and District Co-operative in Ballarat, one of five organisations that will run the new $3.9 million Koorie Families as First Educators initiative. This initiative is part of a suite of initiatives supporting the Education State Early Childhood Reform Plan and Marrung: Aboriginal Education Plan 2016-2026 (Marrung).
This investment follows research which suggests the quality of parenting and the home environment are the strongest influences on a child’s development during the early years.
Koorie Families as First Educators will support Koorie families to provide a strong foundation for their children’s learning and development by delivering high quality, culturally responsive, evidence-based parenting support programs in five areas of high need and limited program supports.
These five areas were identified through an analysis of need based on population data for Koorie children 0-4 years old, ChildFIRST referrals, Koorie children 0-3 years old on statutory orders, including those in out-of-home-care, and early childhood services available in each area, including those targeting Koorie families as well as mainstream services.
The initiative will be delivered by Aboriginal Community Controlled Organisations (ACCOs) in recognition that these are well placed to provide culturally responsive parenting support programs and to link Koorie families with a broad range of local services. Evidence suggests that Koorie families are more likely to access services where they feel culturally supported and/or have an existing relationship. This approach also aligns with the Andrews Labor Government’s commitment to supporting Aboriginal self-determination.
The following ACCOs have been selected to deliver this initiative: – Ballarat and District Aboriginal Co-operative (City of Ballarat) – Bendigo and District Aboriginal Cooperative (City of Greater Bendigo) – Victorian Aboriginal Child Care Agency (Rural City of Latrobe) – Mungabareena Aboriginal Corporation (City of Wodonga) – Victorian Aboriginal Child Care Agency (Northern Metropolitan Melbourne)
Approximately $724 000 over four years will be provided for Koorie Families as First Educators to be delivered in each identified location. This funding will enable ACCOs to employ two full-time Koorie educators in each location to work directly with Koorie families.
QUESTIONS ON NOTICE
Tuesday, 1 May 2018 COUNCIL 1623
Housing, disability and ageing
12 612. MS CROZIER — To ask the Minister for Families and Children (for the Minister for Housing, Disability and Ageing): In relation to youth homelessness —
(1) what data does the Government hold in relation to homeless children; and (2) how many children have left out-of-home care and are now homeless.
ANSWER:
This data is publicly available on the Australian Institute of Health and Welfare website.
Housing, disability and ageing
12 613. MS CROZIER — To ask the Minister for Families and Children (for the Minister for Housing, Disability and Ageing): How many loan applications has the Government received in relation to the Social Housing Growth Fund, broken down per local government area.
ANSWER:
I am informed that:
The Social Housing Growth Fund is not a loan scheme. Perhaps the Member is confused by the extensive page of assistance available through the Andrews Labor Government’s Home for Victorians package.
Roads and road safety
12 618. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): How many Christmas hampers did VicRoads supply, or pay for, to traders in Eltham’s Bolton Street in December 2017.
ANSWER:
In December 2017, fifteen Christmas hampers were provided to traders in Eltham’s Bolton Street.
All marketing support to promote that Bolton Street traders were open for business while this important upgrade was underway was undertaken within the project budget.
Roads and road safety
12 619. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): What representations have been made to VicRoads in the last three years about traffic congestion or the need to upgrade Bridge Street, Eltham and what plans, if any, are there to alleviate the congestion problem.
ANSWER:
VicRoads has held many discussions with the community and stakeholders about traffic flow in the Eltham area.
The Bolton Street Upgrade was completed in March 2018 and will improve safety, the flow of traffic in the area and make it easier for people to get home and to local shops.
Furthermore, the Victorian Government has started planning for North-East Link, the missing link in the road network to reduce congestion in Melbourne’s north, east and southeast. North-East Link will connect the north and southeast by providing the missing link between the Metropolitan Ring Road (M80) at Greensborough and the Eastern Freeway.
QUESTIONS ON NOTICE
1624 COUNCIL Tuesday, 1 May 2018
Once completed, North-East Link will significantly reduce congestion on local roads. The Environment Effects Statement for the North-East Link Project will help determine the current conditions and what requirements are needed for further operational changes across the network.
VicRoads will continue to monitor the network and recommend improvements to make it safer and more efficient.
Roads and road safety
12 621. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): What representations have been made to VicRoads in the last three years about traffic congestion on Fitzsimons Lane, Eltham and what plans, if any, are there to alleviate the problem.
ANSWER:
As previously advised, VicRoads is still investigating options to address traffic congestion along Fitzsimons Lane in Eltham. These investigations and recommendations are scheduled to be completed by mid — 2018.
Roads and road safety
12 622. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): What representations have been made to VicRoads in the last three years about traffic conditions on Sherbourne Road and Karingal Drive, Eltham and what plans, if any, are there to alleviate the problem.
ANSWER:
VicRoads has worked closely with the local community and traders to understand the Bolton Street upgrade and associated changes. VicRoads will continue to monitor the network and recommend improvements to improve safety and the efficient movement of people and goods in this area.
The Bolton Street Upgrade was completed in March 2018 and this will assist traffic to move more freely in the area.
The Andrews Labor Government has started planning for North-East Link, the missing link in our road network to reduce congestion in Melbourne’s north, east and southeast. North-East Link will connect the north and southeast by providing the missing link between the Metropolitan Ring Road (M80) at Greensborough and the Eastern Freeway.
Once completed, North-East Link will significantly reduce congestion on local roads. The Environment Effects Statement for the North-East Link Project will help determine the current conditions and what requirements are needed for further operational changes across the network.
Roads and road safety
12 623. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): What representations have been made to VicRoads in the last three years about the need to upgrade the pedestrian crossing at the Wallowa Road/St Helena Road/Aqueduct Road intersection and what plans, if any, are there to alleviate the problem.
ANSWER:
VicRoads advises me that the Banyule City Council manages the above local roads. You may wish to contact the council directly to seek the information you request.
QUESTIONS ON NOTICE
Tuesday, 1 May 2018 COUNCIL 1625
Education
12 629. MS WOOLDRIDGE — To ask the Minister for Training and Skills (for the Minister for Education): How many emergencies and/or incidents were reported to the school security unit at the Department of Education and Training from schools in the Eltham electorate during —
(1) 2015; (2) 2016; and (3) 2017.
ANSWER:
I am informed as follows:
Schools are required to report incidents to the Department of Education and Training Security Services Unit that pose a risk to the safety of a student, parent, visitor or staff member. These include a wide range of types of incidents including motor vehicle collisions, fires, incidents resulting in damage to buildings, outbreaks of disease, floods, bomb threats, or behaviours that could lead to a potential risk to someone else. Importantly:
– reports are often allegations and they are not substantiated at the time of receipt, and
– the number of reports across all schools in Victoria has increased in recent years, due substantially to the Department emphasising to all schools the requirement to report.
In terms of incidents recorded by electorate, the above information is not stored or recorded in this manner and the production of such figures would require onerous manual work and a significant divergence of resources.
Roads and road safety
12 630. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): In relation to the upgrade of Bolton Street, Eltham, how much money, from August 2017 to March 2018 has VicRoads spent on various promotions through variable message sign displays, community update emails, social media and newspaper advertisements.
ANSWER:
The Andrews Labor Government has finished the Bolton Street upgrade, after locals waiting decades for the councils to do something about community concerns around traffic and safety in the area.
VicRoads worked closely with local traders and the community while works were being finished.
All communications with the community while this important upgrade was underway were undertaken within the project budget.
We know the road works were frustrating for the Bolton Street traders — but not as frustrating as another decade of gridlock.
Roads and road safety
12 631. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): In relation to Bolton Street, Eltham, why was the decision made to completely close Bolton Street for night works from 4 March 2018 when the Minister had previously stated that due to limited lighting there were safety and traffic risks for workers undertaking works at night.
ANSWER:
The final component of works is asphalt works, which are usually undertaken at night under a full closure. Additional lighting was provided during the nightworks to ensure the safety of workers.
QUESTIONS ON NOTICE
1626 COUNCIL Tuesday, 1 May 2018
Energy, environment and climate change
12 632. MR RICH-PHILLIPS — To ask the Special Minister of State (for the Minister for Energy, Environment and Climate Change): In relation to the mine shaft dug by Mr Bob Brown in the Dunolly area pursuant to a licence issued by the Department of Economic Development, Jobs, Transport and Resources (DEDJTR) —
(1) who at the Department of Environment, Land, Water and Planning (DELWP) approved the destruction of the mine shaft; (2) what contact was made by DELWP with DEDJTR to ascertain who held a licence to dig the mine shaft; (3) on what dates did DELWP officers visit the mine site in an effort to contact Mr Brown prior to destroying the mine; (4) did DELWP attempt to contact Mr Brown by registered post, email or telephone prior to destroying the mine; (5) how was the compensation of $270.00 to Mr Brown for his buried tools determined; and (6) why hasn’t compensation been offered to Mr Brown in respect of the destruction of the mine shaft.
ANSWER:
The open mine shaft was located within the boundary of a planned burn scheduled for Autumn 2018 and was filled in as part of safety preparation works. The decision to fill the open shaft was made by senior officers from the Department of Environment, Land, Water and Planning (DELWP) as the safety of fire fighters conducting planned burns is paramount.
DELWP has been in contact with the Department of Economic Development, Jobs, Transport and Resources (DEDJTR) about the mine shaft since 2016. DEDJTR confirmed that the scale of works required a prospecting or mining licence and that neither of these licences had been issued for that site.
DELWP officers have visited the site regularly since 2015, with over 12 site visits made to the site in question. DELWP also contacts prospecting or mining licence holders as part of the planning process for planned burns. Had the appropriate licence been held by Mr Brown his contact details would have been available to DELWP staff to notify him.
Based on advice from Mr Brown, DELWP has offered to compensate Mr Brown $270 for hand tools that were buried when filling in the shaft.
Roads and road safety
12 639. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): In relation to the Easter celebration on Bolton Street, Eltham on 31 March 2018, who has been invited to attend from —
(1) Banyule City Council; (2) Nillumbik Shire Council; (3) VicRoads; (4) Government Ministers; (5) local Members of Parliament; (6) community organisations; and (7) members of the public.
ANSWER:
The Bolton Street event was a community event for families in the area and everyone was welcome to attend.
QUESTIONS ON NOTICE
Tuesday, 1 May 2018 COUNCIL 1627
Roads and road safety
12 641. MS WOOLDRIDGE — To ask the Minister for Agriculture (for the Minister for Roads and Road Safety): How many fun days has VicRoads organised at the completion of road projects under the Andrews Government.
ANSWER:
VicRoads advises me that it assesses project events on a case-by-case basis.
Training and skills
12 646. MS WOOLDRIDGE — To ask the Minister for Training and Skills: In relation to the Banyule-Nillumbik Tech school —
(1) on what date will it open its doors to students; (2) how many staff will be employed for the latter half of 2018 when it opens; and (3) what is the cost of constructing and establishing the school.
ANSWER:
Tech Schools in Victoria fall within the portfolio responsibility of the Minister for Education.
Training and skills
12 647. MS WOOLDRIDGE — To ask the Minister for Training and Skills: What was the enrolment of students at the Melbourne Polytechnic in Greensborough, for Technical and Further Education (TAFE) and short courses, including Government funded and fee for service enrolments, in Semester Two, 2017.
ANSWER:
I am informed as follows:
Four years after it closed because of funding cuts by the previous Liberal Government the Greensborough campus of Melbourne Polytechnic was successfully reopened, returning skills and training to the people of Greensborough and north-east Melbourne.
The Andrews Labor Government is proud of its $10 million investment to reopen the Greensborough campus which is focusing on three main areas including health and community services, business and entrepreneurship and Science, Technology, Engineering and Mathematics (STEM).
Melbourne Polytechnic’s Greenborough campus is becoming a vibrant, multi-purpose community and education precinct.
Labor is making sure that the people of Greensborough and surrounding suburbs get the skills they need for the jobs they want.
The co-location of partners on the site will create significant opportunities and benefits for the community and Melbourne Polytechnic, attracting potential students to the site and offering a variety of opportunities for cross-pollination and industry experience for students already enrolled at Greensborough.
TAFE Institutes are not required to report commercially sensitive training activity by campus.
QUESTIONS ON NOTICE
1628 COUNCIL Tuesday, 1 May 2018
Agriculture
12 654. MS DUNN — To ask the Minister for Agriculture: In relation to the Regional Forest Agreements that are in place until 2020, can the Minister confirm if future logging plans include logging in closed or open water catchments.
ANSWER:
Limited timber harvesting is currently permitted in water catchments and is subject to a strict regulatory framework. Any changes to this regulatory framework fall within the portfolio responsibilities of the Minister for Energy, Environment and Climate Change.
MEMBERS INDEX
COUNCIL i
MEMBERS INDEX DALLA-RIVA, Mr (Eastern Metropolitan) Scrutiny of Acts and Regulations Committee BATH, Ms (Eastern Victoria) Alert Digest No. 5, 1476 Adjournment Hazelwood Pondage, 1552 DAVIS, Mr (Southern Metropolitan) Bills Points of order, 1494, 1498 Service Victoria Bill 2017, 1519 Questions without notice Questions without notice Small business assets, 1493, 1494 Timber industry, 1495 DUNN, Ms (Eastern Metropolitan)
BOURMAN, Mr (Eastern Victoria) Adjournment Members statements Knoxfield dam, 1549 Anzac Day, 1480 Constituency questions Questions without notice Eastern Metropolitan Region, 1502 Firearm regulation, 1499 Members statements Eastern Freeway rail reservation, 1483 CARLING-JENKINS, Dr (Western Metropolitan) Questions without notice Bills Murray-Darling Basin plan, 1499 Service Victoria Bill 2017, 1538 Noojee logging, 1498 Members statements Rulings, 1512, 1513, 1514 Alfie Evans, 1481 ELASMAR, Mr (Northern Metropolitan)
CROZIER, Ms (Southern Metropolitan) Bills Adjournment Service Victoria Bill 2017, 1491 North Melbourne public housing estate, 1551 FINN, Mr (Western Metropolitan) Bills Adjournment Service Victoria Bill 2017, 1524 Sunbury Road duplication, 1548 Members statements Bills Ms Mikakos, 1485 Service Victoria Bill 2017, 1512 Petitions Constituency questions Crime prevention, 1476 Western Metropolitan Region, 1502
DALIDAKIS, Mr (Southern Metropolitan) (Minister for Trade and Members statements Investment, Minister for Innovation and the Digital Economy and Sunbury municipality, 1483 Minister for Small Business) Points of order, 1513, 1514 Points of order, 1497, 1498 Questions without notice FITZHERBERT, Ms (Southern Metropolitan) School cleaning contracts, 1496 Adjournment Small business assets, 1493, 1494 Freedom of information, 1551 Written responses to questions without notice Bills Federation Square, 1555 Service Victoria Bill 2017, 1525 Constituency questions Southern Metropolitan Region, 1501
MEMBERS INDEX ii COUNCIL
Members statements MIKAKOS, Ms (Northern Metropolitan) (Minister for Families and Children, Minister for Early Childhood Education and Minister for Anzac Day, 1485 Youth Affairs) Holocaust commemoration, 1484 Written responses to questions without notice Questions without notice North Richmond playgroups, 1555 North Richmond supervised injecting facility, 1494
MORRIS, Mr (Western Victoria) GEPP, Mr (Northern Victoria) Adjournment Points of order, 1513, 1514 Ballarat railway station precinct, 1549 Bills JENNINGS, Mr (South Eastern Metropolitan) (Special Minister of State) Service Victoria Bill 2017, 1506 Bills Constituency questions Engineers Registration Bill 2018, 1451, 1456 Western Victoria Region, 1502 Guardianship and Administration Bill 2018, 1458, 1466 Members statements Legal Identity of Defendants (Organisational Child Abuse) Bill Warrnambool Base Hospital, 1484 2018, 1469, 1471 Parks Victoria Bill 2018, 1473, 1474 Service Victoria Bill 2017, 1527, 1529, 1530, 1531, 1532, 1533, O’DONOHUE, Mr (Eastern Victoria) 1534, 1535, 1536, 1537, 1538, 1539, 1540, 1541, 1542, 1543, Adjournment 1544, 1545 Livestock theft, 1548 Budget papers 2018–19, 1492 Constituency questions Questions on notice Eastern Victoria Region, 1501 Answers, 1500 Members statements Questions without notice Anzac Day, 1483 Electorate office budgets, 1496 Harry Crick, 1482 Murray-Darling Basin plan, 1499 North Richmond supervised injecting facility, 1494, 1495 ONDARCHIE, Mr (Northern Metropolitan) Written responses to questions without notice Adjournment Container deposit scheme, 1556 Electorate office staff, 1556 Middle Gorge railway station, 1547 Fire services property levy, 1554 Bills Kangaroo pet food trial, 1554 Service Victoria Bill 2017, 1510 Constituency questions LEANE, Mr (Eastern Metropolitan) Northern Metropolitan Region, 1503 Petitions Members statements Vermont South cyclist safety, 1476 Anzac Day, 1482 Questions without notice LOVELL, Ms (Northern Victoria) School cleaning contracts, 1495, 1496 Adjournment Murray Valley Highway, Strathmerton, 1546 O’SULLIVAN, Mr (Northern Victoria) Constituency questions Adjournment Northern Victoria Region, 1502 Lemnos solar plant, 1549 Members statements Bills Shepparton rail services, 1481 Service Victoria Bill 2017, 1521
MEMBERS INDEX
COUNCIL iii
PATTEN, Ms (Northern Metropolitan) Questions without notice Constituency questions Noojee logging, 1498 Northern Metropolitan Region, 1501 Timber industry, 1495 Members statements Standing Committee on the Economy and Infrastructure Safe access zones, 1482 VicForests operations, 1478 Public Accounts and Estimates Committee Written responses to questions without notice Financial and performance outcomes 2016–17, 1476 Flemington public housing jobs program, 1553
PENNICUIK, Ms (Southern Metropolitan) PURCELL, Mr (Western Victoria) Bills Members statements Service Victoria Bill 2017, 1492, 1503, 1538, 1539, 1540, 1541, Warrnambool Grand Annual Steeplechase, 1483 1546 Privileges Committee RAMSAY, Mr (Western Victoria) Membership, 1480 Adjournment Public Accounts and Estimates Committee Fire services property levy, 1550 Financial and performance outcomes 2016–17, 1477 Bills Parliamentary Budget Officer appointment, 1477 Service Victoria Bill 2017, 1517 Constituency questions PEULICH, Mrs (South Eastern Metropolitan) Western Victoria Region, 1502 Bills Members statements Service Victoria Bill 2017, 1515 Financial services sector, 1484 Points of order, 1512, 1552 Questions without notice Electorate office staff, 1497 PRESIDENT, The (Hon. B. N. Atkinson) Acknowledgement of country, 1451 RICH-PHILLIPS, Mr (South Eastern Metropolitan) Questions without notice Bills Written responses, 1500 Service Victoria Bill 2017, 1485, 1527, 1528, 1530, 1531, 1532, Rulings, 1494, 1497, 1498, 1500, 1501, 1552 1533, 1534, 1535, 1536, 1537, 1541, 1542, 1543, 1544, 1545, 1546 Suspension of members Points of order, 1497, 1500 Mr O’Donohue, 1496 Mrs Peulich, 1496 Privileges Committee Membership, 1480 PULFORD, Ms (Western Victoria) (Minister for Agriculture and Questions without notice Minister for Regional Development) Electorate office budgets, 1496 Adjournment
Asylum seeker support, 1552 SHING, Ms (Eastern Victoria) Ballarat railway station precinct, 1552 Public Accounts and Estimates Committee Fire services property levy, 1552 Freedom of information, 1552 Financial and performance outcomes 2016–17, 1477 Hazelwood Pondage, 1552 Parliamentary Budget Officer appointment, 1478 Knoxfield dam, 1552 Lemnos solar plant, 1552 SOMYUREK, Mr (South Eastern Metropolitan) Livestock theft, 1552 Bills Middle Gorge railway station, 1552 Service Victoria Bill 2017, 1508 Murray Valley Highway, Strathmerton, 1552 North Melbourne public housing estate, 1552 Sunbury Road duplication, 1552
MEMBERS INDEX iv COUNCIL
SPRINGLE, Ms (South Eastern Metropolitan) Adjournment Asylum seeker support, 1550, 1552 Members statements Pill testing, 1480
TIERNEY, Ms (Western Victoria) (Minister for Training and Skills and Minister for Corrections) Questions without notice Electorate office staff, 1497, 1498 Firearm regulation, 1499, 1500 University of Divinity Report 2017, 1476 Written responses to questions without notice Electorate office budgets, 1556
WOOLDRIDGE, Ms (Eastern Metropolitan) Constituency questions Eastern Metropolitan Region, 1501 Members statements Hurstbridge rail line, 1481 Points of order, 1500