Queensland

Parliamentary Debates [Hansard]

Legislative Assembly

THURSDAY, 5 APRIL 1984

Electronic reproduction of original hardcopy

2488 5 April 1984 Papers

THURSDAY, 5 APRIL 1984

Mr SPEAKER (Hon. J. H. Warner, Toowoomba South) read prayers and took the chair at 11 a.m.

PAPERS The foUowing papers were laid on the table— Proclamation under the Forestry Act 1959-1982 Order in CouncU under the National Parks and Wildlife Act 1975-1982. Personal Explanations 5 AprU 1984 2489

MINISTERIAL STATEMENT Twin Rivers Tavern Hon. I. J. GIBBS (Albert—Minister for Mines and Energy) (11.2 a.m.), by leave: I wish to make a ministerial statement regarding accusations made against me by the member for Sandgate (Mr Warburton) in this House yesterday. It is Interesting to find that the Deputy Leader of the Opposition has now been promoted to bucketman of his party. Unfortunately for him and the party, he has neither the wit nor the ability to deliver the muck as his predecessor did. Yesterday it was my turn, and that of a friend of mine, Mr Paul Flann, to be the target of false accusations by the Labor Party. No-one regrets more than I the fact that Mr and Mrs Schultz, who launched the Twin Rivers Tavern at Eagleby, landed In severe financial difficulties that forced the closure of the tavern. But to hear the Deputy Leader of the Opposition's accusations in this House yesterday, one would think that that was the first time such a thing had happened in Queensland. Every day there are bankruptcies; every day there are occasions when people with the best will and intentions in the world find that their businesses collapse around them. But the accusation by the member for Sandgate that people who land in that position are frauds deserves the condemnation of this House. There are times when the public, quite rightly, forms a poor opinion of the muck­ raking that goes on in this House. Yesterday we saw an example of It; on Tuesday we had another example, when the member for Mackay completely fabricated a story about the Premier obtaining a condonminlum on Hamilton Island. How long will It take Opposition members to realise that. In becoming muck-peddlars, they not only become covered in muck themselves, but lessen people's respect for this House and what it means? I notice that the Deputy Leader of the Opposition, when interviewed on television last night, was very careful not to mention names or make the same accusations that he made in the House yesterday. What is really galling Is that, although I have the opportunity to defend myself by answering these untruths, other members of the public do not have the same avenues of reply. Had the Deputy Leader of the Opposition made a few phone calls before he made the allegations, he would have discovered that much of what he was about to say was in fact untrue. Rather than do that and ^)oll his story for want of a few facts, he caused even greater suffering to people who have already suffered enough.

PERSONAL EXPLANATIONS Mr WRIGHT (Rockhampton—Leader of the Opposition) (11.5 a.m.), by leave: In the ParUament yesterday the Minister for Industry, SmaU Business and Technology (Mr Ahern), in his response to a question I asked, impUed that I was misrepresenting the facts relating to criticism of him published in last Sunday's "Sunday MaU". In "The Sunday MaU" there was criticism of him by mining and manufacturing groups. They said that his department's announcement of $20,()00m worth of projects was "a deUberate attempt to create Inferences which verge on dishonesty" To clarify this matter and to substantiate the claims that I was making yesterday, I refer to the speech delivered on Monday of this week by the chairman of MIM Holdings Ltd, Mr Bruce Watson, to the Institution of Engineers conference. He said— "It concerns me that the boom mentaUty which has been responsible for many of our current economic poUcies Is apparently aUve and well in this State." Mr Watson says that Mr Ahern's department report gives— " a false Impression that once high levels of resource investment in this State are to continue well Into the future. That Is simply not so." To further substantiate my claims—Mr Watson went on to say that he regrets that the level of Government charges is proving to be an increasing deterrent for projects whose economics are finely balanced. 2490 5 April 1984 Personal Explanations

Representatives of the manufacturing and mining industries regard the Government's claims as "a deliberate attempt to create inferences which verge on dishonesty"; yet the Minister says, "I stand by the claims that have been made." In doing so, he attempts to create the Impression that the Opposition is engaging in some kind of subversive activity by raising the criticism of the Grovernment by senior representatives of the private sector. Mr AHERN: I rise to a point of order and ask for your mling, Mr Speaker, as to whether the Standing Order aUowing a member to make a personal explanation can be availed of to debate a policy matter, which is what the honourable member is doing. Ms SPEAKER: Order! The personal explanation is In order. Mr WRIGHT: Thank you, Mr Speaker. I make the point that yesterday the Minister made claims from which it could be Inferred that the statements I was making were untrue. Because that is a reflection on me, I believe that I have the right, by using the speech of Mr Watson, to substantiate the claims that I have made. The Government's claims In this matter are typical of the campaign of lies and deceit which it continues to pursue. I make a further point about one of the other offenders, the Deputy Premier and Minister Assisting the Treasurer (Mr Gunn), who yesterday twice implied that I was supplying to the Parliament Inaccurate or misleading information about taxes. In the space of thirty seconds In this House yesterday, the Minister seriously misled the Parliament on two Important matters. He was teUIng blatant untruths. The first untruth was—and It is on the record In "Hansard"— "They (people from other States) are coming here at the rate of 1 000 a week". The Minister ought to know that the latest figures show that, for the September quarter last year, migration to Queensland from other States was 2 408. That 2408 Is for three months—hardly 1 000 people a week! The second untruth was— "Queensland Is the lowest-taxed State". Again, this is simply not true. Queensland is the third-lowest taxed State In AustraUa. Tasmania and South Australia have significantly lower levels of State taxation than Queensland, and I table the figures to substantiate that statement. Whereupon the honourable member laid the figures on the table.

Mr BJELKE-PETERSEN: I rise to a point of order. This Is not a personal explanation. Mr Wright: You don't like the truth.

Mr SPEAKER: Order! The Leader of the OpposUion has made his pomt.

Mr CASEY (Mackay) (11.9 a.m.), by leave: Yesterday in this Pariiament the Premier used the guise of a personal explanation to make a scurrilous accusation against me, the content of which (mainly because of the uproar which existed in the Chamber at the time) I only became aware of through this morning's media. Let me assure this House that his allegations are completely untrue and are clouded by the deep personal hatred that he has displayed towards me since I first entered this Chamber. If I had ever, as alleged by him, "thieved Government moneys", he faUed In his duty as leader of the Government to prosecute me; hence he is equally guilty of his own charges. People who live in glass houses sHould never throw stones.

Mr BJELKE-PETERSEN: I rise to a point of order. I am not the one who says that he has stolen the money. The Auditor-General said he owes money. If the honourable member wants me to, I will get that information from the Auditor-General. He has never paid it back, and he knows it.

Mr CASEY: In his own case, the Premier has contlnuaUy used his high office to satisfy his own personal greed and never has his Government taken a decision which was contrary to the financial fortunes of himself and his family. Throughout all of this, he has Questions Upon Notice 5 AprU 1984 2491

endeavoured to hide his greed under the mantle of ChristianUy. He always reminds me of the soldier at the foot of Christ's cross, who maintained he was only doing his duty, yet he organised the casting of lots for Christ's robes. Mr BJELKE-PETERSEN: I rise to a point of order. The honourable member is now showing his true colours and the type of man that he Is. OpposUion Members: What Is your point of order? Mr BJELKE-PETERSEN: Once again he is using a personal explanation to attack somebody. Mr CASEY: If that soldier's name had been Bjelke-Petersen, I would bet that the dice would have been deliberately loaded In his favour.

QUESTIONS UPON NOTICE Questions submitted on notice by members were answered as follows—

1. Wage-fixation Principles Mr Neal asked the Minister for Employment and Industrial Affairs— With reference to the fact that the Full Bench of the Arbitration Commission handed down its decision on 4 April in the national wage case, that it is understood there wiU be a hearing in the week commencing 9 AprU in Brisbane of the related State wage case and with reference to one of the most important principles, in both the national guide-lines and the guide-lines of the State Industrial Commission, namely, the principle that unions give an undertaking not to pursue any extra claims that are Inconsistent with those principles— (1) What, if any, Queensland unions have failed to give that undertaking? (2) What, If any, unions have breached their undertakings and the wage fixation- principles? (3) Will any action be taken against these unions?

Answer— (1 to 3) In response to the wage-indexation system introduced by the State Indus­ trial Commission in October 1983, every Queensland union was required to give an undertaking to the effect that, for a period of two years from 6 October 1983, it would not pursue any extra claims, award or over-award, except where consistent with those principles. All unions gave this undertaking. The Australian Workers Union and the Federated Engine Drivers and Firemen's Association have breached their undertakings given to the commission. In January 1984, the Australian Workers Union demanded from the contractor building the Maranoa River Weir that he enter Into an agreement to provide for site allowances and higher wage rates. The rates sought would have increased wages of employees by approximately $120 per week. Mr SPEAKER: Order! There is far too much audible conversation in the Chamber. I have been told that the microphones are not working efficiently and that they will be fixed later. As the sound system is not operating properly I ask members to be quiet. Mr R. J. Gibbs: I am hanging on every word from the Minister. Mr SPEAKER: Order! Mr LESTER: The honourable member wUl be hanging by the time I have finished. Answer (contd)— When the demands were refused, the Australian Workers Union and the Federated Engine Drivers and Firemen's Association took strike action. They then defied two orders of the State Industrial Commission to return to work and they escalated the dispute to other Government projects. On 2 March 1984, Industrial Commissioner 2492 5 April 1984 Questions Upon Notice

Birch ordered that the dispute be determined by the Full Bench of the Industrial Commission and that the matter to be determined was whether the unions were In breach of— (a) the undertakings they had given to the industrial registrar In the State wage case of 1983; and (b) the principles of wage fixation adopted by the commission. On 28 March 1984 the Full Bench of the Industrial Commission declared— "We find that the action of the two named unions, the Australian Workers' Union of Employees, Queensland and the Federated Engine Drivers' and Firemen's Association of Australasia Queensland Branch, Union of Employees In pursuing claims for additional payments in the manner herein outlined Is In breach of their commitments filed with the Industrial Registrar in response to the decisions of 11-10-83 and 21-10-83. That commitment is a requirement of the decision adopting the principles, and in clear terms pledges the non pursuit of any extra claims, award or over- award, except where consistent with the principles. The action already described In respect to the claims being pursued as to the Maranoa Weir is not consistent with those principles In that it ignores and avoids the processes available to pursue such claims. Accordingly, we also find that that action Is In breach of the principles set out In the decision of this commission of 11-10-83." The Australian Workers Union and the Federated Engine Drivers and Firemen's Association have embarked upon mdustrial lawlessness of the highest order. They have defied two orders of the Industrial Commission to return to work; they have been found guilty by the Full Bench of the Industrial Commission of being in breach of their under­ takings In the State wage case of 1983 and the principles of wage fixing adopted by the commission; and they have organised industrial disputes to support their spurious and unfounded claims at other Government projects In the face of the findings of the commission. The State wage case wlU commence before the State Industrial Commission next Tuesday, 10 April, following the decision of the national wage bench yesterday. It Is a matter for the State Industrial Commission to decide what action It will take In respect of these unions who are flagrantly flouting the Industrial laws and accepted Industrial practices of this State. I Inform the House that a conference deaUng wUh this matter Is under way In the Industrial Commission at the present time. I point out, however, that we as a Government cannot tolerate Industrial lawlessness such as this in any way and we wlU be waiting on the outcome of the current conference to determine what further action should be taken by the Government. The Government views most seriously the threats which have been made through the media that If the commission did not take certain action the unions would escalate further industrial dismptlon. These threats to the commission are of a most serious nature and cannot be tolerated under any circumstances. It is action such as this which would be the first 9t^».^itowaidfr.breakmg the. role of 4he industriai^ Commission which has served this State and nation so weU for so many years. The current action being taken by these two unions could place in jeopardy the hearing of the State wage case and that would be to the detriment of all workers In Queensland.

2. Telemission Mr Warburton asked the Minister for Local Govemment, Main Roads and Racing— With reference to payments made to public relations agencies or consultants and advertising agencies during 1982-83— (1) What arc the precise details of work performed by Telemission which received $20,927.19 from the Local Government Department, $48,567 from the Main Roads Department and $50,000 from the Police Department for services rendered? (2) Is only expenditure of more than $50,000 m each case subject to Cabinet approval? (3) Is Telemission run by Mr Col Walker who is tipped to become one of the directors of the Queensland National Party? Questions Upon Notice 5 AprU 1984 2493

Answer— (1) Details of payments to Telemission In the 1982-83 financial year by departments under my administration are as follows— (a) Department of Local Government—

Date of Cost Details Payment $ 10-9-82 2,500.00 PreUminary work on video—official opening of new grandstand at Doomben 16-11^2 2,750.00 Preliminary research into racing industry 3-12-82 5,834.00 Preparation of video—official opening of new grandstand at Doomben (part payment) 23-12-82 600.00 Preparation of video—official opening of new grandstand at Doomben 8-2-83 2,750.00 Research into racing Industry 4-5-83 1,560.00 Presentation of racing Industry research 6-5-83 500.00 Planning and co-ordination of Interstate racing promotional tour undertaken by me 27-5-83 4,318.19 Preparation of material for various racing pro­ motional functions 27-5-83 115.00 Preparation of video " Racing Into the Eighties " $20,927.19

(b) Main Roads Department—

Date of Cost Details Payment $ 23-8-82 960 Video preparation, road constmctlon and Develop­ ment of Bruce Highway 14-9-82 6,865 ditto 19-10-82 10,000 ditto 14-12-82 11,000 ditto 7-3-83 2,500 ditto 18-5-83 1,716 ditto 24-6-83 360 ditto 3-2-83 7,583 Preparation of technical training video on concrete constmctlons on Pacffic Highway 15-2-83 7,583 ditto

(c) As from 1 January 1983, administration of the Police portfoUo was transferred to my colleague the Honourable the Minister for Lands, Forestry and PoUce. No payments were made to Telemission In the first six months of the 1982-83 financial year on account of the Police Department. 2494 5 AprU 1984 Questions Upon Notice

(2) In terms of the Treasurer's Instructions Issued under the Financial Adminis­ tration and Audit Act, any item of expenditure In excess of $50,000 requires the prior approval of the Governor In Council. (3) The question of who "mns Telemission" could be ascertained by the honourable member or. Indeed, by any persons who seek such information by paying the prescribed fee for a search of the company's records at the Corporate Affairs Office. I am not prepared to speculate on who may or may not become a future employee of the National Party of Australia.

3. Moggill Ferry Service Mr Davis asked the Minister for Local Government, Main Roads and Racing— (1) What amount of subsidy was paid to the operators of the Moggill ferry for the period 1 July 1982 to 30 June 1983? (2) What amount of subsidy has been paid since the present operators were granted the franchise?

Answer— (1 & 2) The MoggUl ferry Is operated under an agreement whereby the operator provides the service for a specified fee. Details of tolls received and fees paid since the ferry commenced operation in June 1979 are being assembled and I will provide the honourable member with a written reply.

4. Police Vehicle Accidents Mr Davis asked the Minister for Lands, Forestry and Police— (1) How many accidents involving police motor vehicles and motor cycles have occurred for the period ended 30 June In 1980, 1981, 1982 and 1983? (2) How many accidents occurred as a result of police vehicles pursuing other vehicles? (3) How many persons were (a) killed or (b) injured, and were they policemen, persons In the vehicle being pursued or other persons?

Answer— (1) Police statistics compiled for police vehicle accidents are coUated in calendar years. In 1980 there were 902 police vehicle accidents; In 1981 there were 721 police vehicle accidents, and in 1982 there were 708 poUce vehicle accidents. Statistics for the year 1983 are Incomplete. However, from January 1983 to June 1983 there were 382 police vehicle accidents. (2 & 3) Police records are not categorised to readily supply the Information required. To extract the further Information requested would involve excessive research and It Is not proposed to direct Police Department employees, who are already fully committed, to research records to extract the data sought.

5. Fire Station, WIshart Mr Kaus asked the Minister for Environment, Valuation and Administrative Services— With reference to great Interest In the matter shown by residents In the electorate of Mansfield, when is it anticipated that a fire station will be built on the corner of WIshart and Newnham Roads?

Answer— I thank the honourable member for raising the question of a new fire station to service the southern suburbs of Brisbane. The rapid growth of these suburbs has been the subject of close scrutiny by the Metropolitan Fire Brigades Board during the preparation of the 1983-84 budget. Although It was decided not to proceed with a Questions Upon Notice 5 April 1984 2495

new station In this area because of more pressing needs, the question of a new station will be kept under close review by the board. I can assure the residents of these southern suburbs that they will continue to receive an excellent service from the Metropolitan Fire Brigade. Because of the honourable member's concern in this matter, I will be pleased to Inspect the WIshart area with him to discuss the suburb's fire-protection needs at the earliest opportunity.

Recording of Ownership of Motor Vehicles Mr Kaus asked the Minister for Local Government, Main Roads and Racing— With reference to my discussion with him of the matter outlined below in June 1982, and the long delay In any resolutlc«i of the matters discussed, then and since, when will the recording of legal ownership details of motor vehicles be introduced In Queensland?

Answer— I do not recall making any commitment to the honourable member that I would arrange legal ownership details of motor vehicles at the Main Roads Department. As the honourable member is probably aware, the department acts as the motor vehicle registration authority and maintains a record of the registered owners who are not necessarily the legal owners. Certainly vehicle owners are entitled to some protection and any consumer-protection measure would more logically come within the scope of the Consumer Affairs Bureau. I understand that the Honourable the Minister for Justice and Attorney-General Is actively Investigating legislation governing chattel securities similar to that enacted in Victoria, with the proposed registry being located with the Registrar for Commercial Acts.

Personal Information Stored by Government Mr Shaw asked the Minister for Justice and Attorney-General— (1) Is any Information, which is obtained by way of the registration of births, deaths and marriages or from applications for the adoption of children or from any other Govemment activity under his control, officially released to the public either In exchange for a fee or otherwise?

(2) If so, will he release details? (3) Will he give an assurance that the operation of these areas Is of the highest order and that security is guaranteed, and that the illegal sale of information or falsification of documents Is impossible?

Answer— (1 & 2) Any application for a search to be made or to obtain a copy or extract from any entry in any register kept by the Registrar-General or district registrar is required to be made In writing. The information or documentation is supplied only If the applicant can demonstrate to the satisfaction of the Registrar-General or district registrar a bona fide reason for such application. Information in relation to the adoption of children is not supplied. These requirements serve to maintain confidentiality of the records held by these officers.

(3) I acknowledge, and I believe it is only realistic to acknowledge, that where human beings are involved there is always a posslbiUty of error. However, every effort is made by officers of the Registrar-General's Office and district registrar offices throughout Queensland to ensure the security of records and that no person Is able to obtain information from those records to which he or she has no legal entitlement. The operation of these offices Is of the highest order and any evidence of the illegal sale of Information or falsification of documents is investigated with a view to subsequent prosecution. 2496 5 April 1984 Questions Upon Notice

8. Government Computer Centre Mr Shaw asked the Deputy Premier and Minister Assisting the Treasurer— (1) What happens to microfiche and other data used by the State Govemment Computer Centre when they are no longer required by the relevant departments? (2) Which Government departments use the State Government Computer Centre? (3) Which of these departments have access to the central processing facUity by means of telephone terminals? (4) Does any other body have access to the faclUty by telephone terminals or any other means? Answer— (1) The State Government Computer Centre does not use microfiche. Computer print-out from the centre is compacted by Cleanaway and buried In Brisbane City Council dumps within a short period after collection. (2) Over 60 departments, commissions, offices, boards, etc., use the faciUties of the State Govemment Computer Centre. I have with me a list which I wUl be happy to make available to the honourable member if he so desires. <3) AU user departments with the exception of— Board of Secondary School Studies; Board of Teacher Education; Consumer Affairs Bureau; Department of Commercial and Industrial Development; Licensing Commission; Magistrates Court Officer; Coal Miners Pension Tribunal; Registrar of Boards; PubUc Accountants Registration Board; Queensland Institute of Medical Research; Queensland Performing Arts Tmst, and Sheriff, Supreme and District Courts— access the State Government Computer Centre by means of terminals connected to the centre via leased telephone communications lines. (4) No.

9. Ministerial Drivers Mr R. J. Gibbs asked the Premier and Treasurer— With reference to an Incident which took place in approximately the third week of December 1983 In which Mr Ron Rice, a relative of the former Deputy Premier, Sir Llewellyn Edwards, and currently employed as the driver for the Deputy Premier and Minister Assisting the Treasurer, Mr Gunn, was ordered or requested by him (the Premier) to drive a truck loaded with farming equipment and machinery from his property, under darkness, to his son's property at Duarlnga— (1) Was Mr Rice remunerated for his services and. If so, was he paid from either his or his son's personal moneys or was the trip done on an overtime basis, funded by the tax-payers of Queensland? (2) Is It normal procedure that drivers employed by the Government are required to carry out these extra actlvUles, particularly clandestine operations in the dead of night?

Answer— (1 & 2) The honourable member Is being very petty. He should know that the trip was undertaken In the driver's own time In a private vehicle and at no expense to the Government. That should make the honourable member happy.

10. Mr J. Vote Mr R. J. Gibbs asked the Premier and Treasurer— With reference to an Incident which took place in this House on 28 March, in which my electorate secretary had reason to ring me on a most urgent matter concerning one of my constltutents and she asked that a message be urgently relayed Questions Upon Notice 5 AprU 1984 2497

to me In our Caucus meeting and was told by the attendant who answered the phone, Mr John Vote, that he was "unable to take messages to the ALP. I serve only the Govemment."— (1) On what basis is Mr Vote employed? (2) Is he employed as an attendant to assist all parliamentarians? (3) Has he received Instmction from himself as Premier at any time that he should treat Opposition members of this House In such an ill-mannered and unco­ operative fashion?

Answer— (1 to 3) I should have thought that after nearly 6^ years as a member of the Legislative Assembly, the honourable member would know that, if he experiences any problems In relation to any of the parliamentary staff, the matter should be taken up with Mr Speaker, not with me. I might add that I find It reprehensible that the honourable member should see fk to publicly criticise a member of the parliamentary staff without any justification and any foundation. He Is getting pretty low.

11. (Queensland Cultural Centre Mr Simpson asked the Minister for Works and Housing— (1) What progress has been made on the construction of the Cultural Centre and when is it due to be completed and In operation. In part or In full? (2) Where will Queensland stand compared with other States in provision of cultural centres? Answer— (1) The Art Gallery was officially opened on 21 June 1982. The Performing Arts Complex Is approximately 85 per cent complete and the building work will be completed late In the year. Commissioning of the complex is expected to be in 1985. The museum is approximately 40 per cent complete and Is expected to be opened In the latter part of 1985. The Ubrary is yet to be commenc^. (2) When the Cultural Centre is complete. It will be the most comprehensive and foremost of Its type In Australia. No other State can boast a complex that consolidates an art gallery, museum, performing arts centre and library Into the one centre.

12. Electricity Tariffs for Hot-water Systems Mr Vaughan asked the Minister for Mines and Energy— With reference to his recent announcement that from July 1985 electricity consumers whose hot-water systems are continuously connected to the supply will be charged at the same tariff as that applying to power and light and that from July 1984 all new hot-water installations wUl be connected via a controlled system which enables them to be disconnected at peak consumption periods— (1) Using current tariffs as a guide from July 1985, at what rate per unit will consumers in the various electricity boards with continuously connected hot- water systems be charged for electricity consumed? (2) What action Is being taken by the various electricity authorities to assist those consumers throughout the State whose hot-water systems are at present continuously connected to the supply to have them changed over to the controlled supply? (3) Are some consumers unable, because of their location, to have their hot- water systems connected to the controlled supply? (4) If so, wlU such consumers be required to pay the higher tariff for their hot water after July 1985 or will special exemption be granted to them? (5) From July 1985, at what tariff will house-holders who have solar hot-water systems be charged for power used on booster heater elements? 2498 5 April 1984 Questions Upon Notice

(6) What Is the estimated amount of the State's power load that can be shed by turning off controUed hot-water systems at peak periods? Answer— I have already announced that only those consumers. In areas In which control equipment Is available, who require a continuous supply for water-heating will be charged at the lighting and power tariff. Where control Is not available, the con­ tinuous water-heating tariff will be retained until control is available. New consumers will have a choice of— (a) Continuous water-heating tariff where control is not available or con­ trolled water-heating tariff where control is avaUable; (b) Light and power tariff If a continuous supply Is required and control is available; (c) Night rate tariff. The specific answer to the honourable member's question is— (D- The present rates are—

Continuous Domestic ControUed (where still Light and (if available) applicable— Power see above) All Units All Units All Units Excess of 180 per month c c c South-east Queensland and Darling Downs 4-25 5-79 617 Wide Bay-Bumett area 4-25 614 6-56 Elsewhere in Queensland 4-45 6-41 6-56

(2) Electricity boards are progressively instalUng the control equipment and will provide and install the necessary relays on consumers' premises. There is no control equipment In the south-west Queensland and Capricornia areas of electricity supply yet. (3) Yes. See (2). (4) No. The continuous water-heating tariff will be offered untU supply under the controlled tariff is avaUable. (5) It depends on whether the consumer elects to have his booster circuit connected to continuous supply or controlled supply or takes supply at the night rate. (6) Presently 140 MW, but ultimately 240 MW when control is fully extended.

13. Charges for Bulk Electricity Mr Vaughan asked the Minister for Mines and Energy— As, according to the Queensland Electricity Generating Board 1982-83 annual report, that board sold 1 574 GWh of power to Queensland Alumina Ltd, Boyne Smelters Ltd and the Electricity Commission of New South Wales at a cost of $38.2m, what was the value of the sales of electricity to each of the above, namely, (a) Queensland Alumina Ltd (b) Boyne Smelters Ltd and (c) the Electricity Commission of New South Wales?

Answer— Power supply to large Industrial consumers In Queensland, such as aluminium smelters. Is provided under special agreement. The prices charged are ccmfidential. Questions Upon Notice 5 April 1984 2499

14. Wind and Solar Electricity-generating Unit Mr Stephan asked the Minister for Mines and Energy— With reference to the wind and solar unit to generate household electricity presently being researched at the Capricornia Institute of Advanced Education— (1) Is it considered this type of unit could be capable of efficiently generating sufficient power for an average household 240^volt requirement? (2) If a booster unit Is required what size motor would be necessary to drive this unk? (3) What maintenance is required for the continued operation of such a solar unit? Answer— (1) Yes. (2) A small internal combustion powered generator of about 1 kW to 2 kW would be required. (3) Normal engine and battery maintenance together with periodic replacement of batteries.

15. Youth Crisis Service Groups Mr Stephan asked the Minister for Welfare Services and Ethnic Affairs— With reference to the Increased need to provide protection and assistance for children and young people who are finding great difficulty in coping with their Individual problems— (1) What action Is being taken to give assistance to youth crisis service groups In the community? (2) How much finance has been allocated to approved groups assisting youth In crisis situations In this State? (3) Are these young people residents in the community In which they are receiving assistance or what percentage are Itinerants constantly moving from one centre to another? Answer— (1) Through the joint Commonwealth/State funded Youth Service Scheme, assist­ ance is provided through my department for a range of accommodation and support services for homeless youth and youth in crisis. Of the 14 community organisations receiving funding under this scheme, seven provide emergency accommodation, five conduct detached youth worker services and two operate drop-In centres. The scheme Is to terminate on 30 June 1984 and negotiations are currently taking place with the Commonwealth Government In relation to its future. In addition, my department, under its Subsidy to Social Workers Scheme, assists three community organisations that provide counselling and support services to youth in crisis situations. As the honourable member would be aware from his very strong Interest in the problems of youth, the Gympie Youth Service is one of the organisations presently funded under the Youth Services Scheme. (2) Under the Youth Services Scheme, a total of $584,000 has been allocated for the 1983-84 financial year for the 14 approved projects, and a further $41,700 has been provided under the Subsidy to Social Workers Scheme for the same period. (3) At this stage there is no avaUable data, but my department Is presently In the process of negotiating with an Independent body to develop a profile on homeless youth in Queensland.

16. RedcUffe Rail Link Mr White asked the Minister for Transport— With reference to his answer to my question on 28 March conceming expenditure by his department on the Redcliffe rail link— (1) Out of the $15m referred to in the resolution that passed through the ParUament for the RedcUffe and Redlands rail links outUned by the former Minister for Transport, Mr Tomkins, how much has been spent on the Redcliffe Imk? 2500 5 AprU 1984 Questions Upon Notice

(2) Out of the $2m promised by the former Treasurer and himself to be spent on the Redcliffe Unk in 1982-83 and 1983-84 how much has been spent to date ui 1983-84? (3) Has he provided a sum of only $200,000 to be spent in this current Budget on the RedcUffe rail link? (4) As the rail link was promised to be completed in time for the 1982 Common­ wealth Games, will he now outline a timetable for its completion particularly in respect to the forthcoming Expo '88?

Answer— (1 to 4) The honourable member for Redcliffe would be weU aware that on 17 May 1982 the Government of which he was at that time an executive member decided that the Railway Department should arrange an aUocation of funds for the two years to June 1984 for the raU Imk from Petrie to KIppa-RIng and also that the Railway Department should begin resuming land in the path of the railway line. Because of the collective responsibUky for those decisions which have current application, and which, to date, have been In accordance with that coUectlve responsibiUty, the honourable member should understand the position regarding the avaUabllky of funds for this rail link. At that time, it was also clearly understood by aU Ministers that the progress of the work in providing the raU Unk between Petrie and Kippa-RIng would depend on the availability of funds for that work. This ParUament is only too weU acquainted with the attitude and past record of the honourable member for Redcliffe in regard to collective responsibUity and Cabinet soUdarky. Mr WHITE: I rise to a point of order. Those remarks by the Minister are untme, and I find them personally offensive. I ask that they be withdrawn. Mr SPEAKER: Order! The Minister has heard the comment of the honourable member for RedcUffe. Is he prepared to withdraw those remarks? Mr LANE: At your direction, Mr Speaker, I will wkhdraw those remarks.

Answer (contd)— One can appreciate the difficulty that the member for Redcliffe is now experiencing in coming to terms with this Government's schedule for the rail line to Redcliffe. Mr WHITE: I rise to a point of order. Obviously the Minister Is using the privilege of the House and not answering the question. His remarks have no relevance to the question that I asked. I simply request that my question be answered. Mr SPEAKER: Order! There is no point of order. Mr LANE: I am Intrigued by the interest shown by the honourable member in this matter. In the first place, the proposed Redcliffe rail line wUl not mn through his electorate. In the second place, the honourable member for Redcliffe does not Uve anywhere near the proposed Redcliffe raUway line, nor. Indeed, in the electorate of Redcliffe. Therefore, he will make little use of that facUity. Thirdly, as he has provoked me, I am forced to tell the House that on more than one occasion the honourable member for Redcliffe, when he was a Minister, told me privately that he did not care whether the Government never built the line, as long as I kept the electors off his back. Mr WHITE: I rise to a point of order. The Minister for Transport is showmg his true colours this moming. He knows that his remarks are untme. I find them personaUy offensive, and I ask that they be withdrawn. Mr LANE: They are certainly not untme, Mr Speaker. They are a statement of fact, and I stand by them. Mr SPEAKER: Order! The honourable member for Redcliffe has found the remarks personally offensive. I ask the Minister whether he is prepared to withdraw them. Questions Upon Notice 5 AprU 1984 2501

Mr LANE: I wlU withdraw them at your direction, Mr Speaker, but they are a statement of fact. I withdraw them, at your direction. Mr SPEAKER: Order! The remarks have been withdrawn. Honourable Members Interjected. Mr SPEAKER: Order! Mr WHITE: I am sorry, Mr Speaker, but I could not hear you over the noise. Have the remarks been withdrawn? Mr SPEAKER: Yes, they have been withdrawn. An Opposition Member: And apologise? Mr SPEAKER: No. I do not ask for an apology. Mr LANE: I have concluded my answer, Mr Speaker. However, I would find it extremely dUficult to lower myself to the level of apologising to the honourable member. Mr SPEAKER: Order! The honourable member for RedcUffe wiU ask his next question. Mr WHITE: It Is obvious that the Minister for Transport is being evasive, as he always has been. Mr SPEAKER: Order! Mr WHITE: I ask that question No. 17, which is directed to the Minister for HeaUh, be answered.

17. Country Chemists Mr White asked the Minister for Health— With reference to the current plight of many smaU private enterprise chemists operating in country towns who are faced with closure thus leaving many country towns without a pharmacist— (1) Has his department Issued a directive that aU dispensing for private patients in Intermediate wards cease and that it be done through the hospital dispensaries? (2) If so. will he revoke this directive in order to retain chemists In smaU country towns and the jobs Involved?

Answer— (1 & 2) The Medicare agreement between State and Commonwealth Governments provides that the supply of medication for private in-patients is to form part of the dally bed charge. Clause 8.4 of the Medicare agreement states as follows— "That care and treatment to be provided to private patients shall comprise all the services specified in Qause 6.2." Clause 6.2 provides, inter alia, the supply of necessary drugs, biological and related preparations where available, from within the existing hospital system of the State.

18. Radar Guns Mr Casey asked the Minister for Lands, Forestry and Police— (1) Is he aware of the recent concem expressed by the AustraUan Automobile Association that some radar speed guns under certain circumstances cannot properly distinguish the vehicle whose speed the operator wishes to record and that the Standards Association of Australia Is only now preparing a code of practice for the correct use of radar guns? (2) WUl he therefore instmct his department to cease using radar guns untU an authoritative code of practice has been determined? 62187—87 2502 5 AprU 1984 Questions Upon Notice

Answer— (1) Yes. (2) No. However, radar speed guns are operated In strict compliance with Instruc­ tions Issued by the Commissioner of Police.

19. Feed Wheat Mr Booth asked the Minister for Prunary Industries— With reference to the problems associated with the sale of feed wheat and to the fact that most wheat produced in the south-eastern Darling Downs is classified general purpose— (1) Is It possible to have permits for the sale of feed wheat issued in this area? (2) If not, what are the reasons and what Is the current situation In Queensland in regard to feed wheat sales?

Answer— (1) There is provision for the approval by the State Wheat Board of direct grower to buyer sales conditional on such sales being in accordance with the board's pricing policies and payments being made through the board's normal advances system. However, It is not proposed that an open permit system be introduced In Queensland, as we beUeve that the introduction of any such system would prejudice the Bulk HandUng Authority's position. It would be also unfair to those growers delivering to the board, because of the higher handling costs they would have to bear. (2) Wheat Board depots have abundant supplies of feed wheat avaUable at specified Australian Wheat Board prices less dockage of $15 per tonne for weather-damaged wheat.

20. Liquid Petroleum Gas Mr Booth asked the Minister for Northern Development and Aboriginal and Island Affairs— (1) Is the Govemment aware that the Federal Govemment has introduced a new pricing policy to control the price of liquid petroleum gas? (2) Is the Government aware that the new policy Involves a significant reduction in the subsidy previously paid by the Federal Govemment on LPG sold to rural users? (3) What effects wUl the new policy have on consumers in north Queensland?

Answer— (1) The State Government is aware that an announcement conceming the future pricing of liquid petroleum gas was made by the Federal Government on the aftemoon of Saturday, 24 March, the eve of the New South Wales State election. The substance of that announcement was that— (I) The reduction in the world parity price of petrol, which occurred in January this year, would finally be passed onto LPG consumers. (II) The Federal Government would waive 75 per cent, or $60, of the previous $80 per tonne subsidy on LPG available to non-commercial rural users. The new prices would come into effect on 1 April. (UI) In the past, LPG prices have been reviewed six-monthly, wkh new prices taking effect on 1 January and 1 July. Under the new arrangement, price reviews would take effect on 1 AprU and 1 October. I point out that that is curious. I think it Is pertinent to say here that the Federal Government's timing of the announcement smacks of the political sleight of hand we have come to expect from Hawke and his colleagues. The announcement was made only a few hours before the polls closed in New South Wales, and obviously the timing was planned to Questions Upon Notice 5 AprU 1984 2503

prevent news of the decision reaching voters in the New South Wales State election. Electors in the rural sector, in particular, where LPG use Is an Important Issue, were denied the news before they cast their votes. LPG costs many rural producers up to $25 a week. A number of ALP rural candidates In the last Federal election promised the subsidy would be maintained. To date, we have not heard a peep out of those candidates. (2) Yes. See (1) (II). The subsidy was originally introduced to cushion the cost of freight to non-commercial mral users. The removal of most of the subsidy has absorbed the price decrease that should have resulted from the faU in the world parity price at the beginning of the year. This is the substance of the Federal Govemment's statement that no consumers will pay more, but it Is of little consolation to consumers who have been paying artificlaUy high prices since January, and who would now be enjoying a price decrease if the Federal Govemment had kept its promise to maintain the subsidy. (3) The new price stmcture wiU have a twofold effect in the north. I am pleased to see that city users in the north will receive a reduction of 3c per Utre as an onflow of the decrease. However, I am extremely concerned that LPG users In remote and isolated centres will feel the effects of the reduction of the subsidy most severely. These people are dependent on LPG. More often than not, they have no altematlve power source for essentials such as cooking and refrigeration. They are a captive market and have no choice but to keep paying the ever-Increasing prices of LPG imposed by the Federal Government. I might add that the price of LPG has increased by over 110 per cent In the last five years.

21. Consumer Complaints, Rockhampton Mr Yewdale asked the Minister for Employment and Industrial Affairs— (1) Does the Rockhampton office of his department have on staff personnel who handle consumer matters or complaints? (2) If so. how many persons are Involved In dealing with consumer complaints? (3) How many consumer complaints have been processed through the Rockhampton office In the period 1 January 1983 to 31 December 1983? Answer— (1 to 3) The Rockhampton office of the district Industrial inspector of the Department of Employment and Industrial Affairs acts as the local agent for the Consumer Affairs Bureau. Industrial inspectors are appointed inspectors in terms of the Consumer Affairs Act and Investigate consumer complaints in country areas. Six officers are in the office of the district industrial inspector at Rockhampton. During the period 1 January 1983 to 31 December 1983, 100 formal written complaints are recorded as being received through the Rockhampton office. I might add that the Consumer Affairs Bureau education officer (Miss Jan Taylor) often visits the fair city of Rockhampton. As all honourable members would know, I visit that city a great deal. Therefore, we will continue to service the people of Rockhampton in the field of consumer affairs complaints.

22. Fire Brigade Levy Mr Yewdale asked the Minister for Environment, Valuation and Administrative Services— With reference to his answers to the questions asked by the Deputy Leader of the Opposition on 27 March, wherein he stated that if a person had any problem regarding the amount of pro rata fire brigade levy charged by an Insurance company, he need only refer the matter to him and he would have it attended to— (1) Is he aware that the SGIO Is charging policy-holders more than double the amount of fire brigade levy that should be charged on a pro rata basis to 30 June? 2504 5 April 1984 Questions Upon Notice

(2) Is he aware that the SGIO is contending that the amount of fire brigade levy charged is correct according to the SGIO's calculations because It paid ks fire brigade levy In advance and had to charge the higher amount to recoup costs, otherwise premiums would have to be Increased? (3) If he is not aware of this situation, having regard to the undertaking he gave on 27 March, will he take Immediate action to have the SGIO charge the correct pro rata amount of fire brigade levy and refund any moneys already incorrectly collected to policy-holders? (4) If It is true that the SGIO has paid the fire brigade levy in advance. Into what fund was that money paid, how was that fund administered and by whom? Answer— (1) The SGIO is charging fire levies at a progressively reduced level. In accordance with a scale determined by the Insurance Council of Australia and promulgated by that council on 3 June 1983. (2) I am aware of that fact. Insurance companies are required, under the pro­ visions of the Fire Brigades Act, to contribute to fire brigade costs during the first half of each financial year. Those contributions are recovered by the charging of fire levies throughout the year. (3) The Government has no powers under the legislation to set or to regulate the amounts charged to Individual policy-holders by Insurance companies by way of the fire levy. (4) All Insurance company fire brigade contributions, under the provisions of the Fire Brigades Act, are paid Into the Fire Brigade Contributions Tmst Fund, administered by the State Fire Services Council, which distributes such funds to all fire brigade boards in accordance with their approved budgets. I repeat my assurance made last month that any complaint made l^ a person about his fire levy during the change-over period will be investigated Immediately.

23. Lake Barrine Road Mr Menzel asked the Minister for Tourism, National Parks, Sport and The Arts— WUI he take action to provide funds to the Eacham Shire Council to repair and upgrade the road to Lake Barrine? Answer— As the honourable member knows, I will visit the Lake Barrine area at his invitation during the latter part of May and early June. That visit will give me an opportunity to personally inspect the road from the Gillies Highway to the lake. I am certainly very aware of the strong representations which the honourable member has constantiy made In this matter, along with other matters affecting my portfoUo. I commend him for the dedicated way In which he represents his electorate. I would add that my National Parks and Wildlife Service Is very much aware of the condition of the Lake Barrine road, which presently provides access for visitors to both the privately owned tourist facility and the national park. Urgent Investigations are being undertaken with a view to determining an alternative public access to the lake and, if such an access is feasible, a new public visitor area may well be developed adjacent to the lake. If a new access is not feasible, action wUl be taken to upgrade the existing road system in association with the Eacham Shire Council at the earliest possible date.

24. Geriatric Ward, Babinda Hospital Mr Menzel asked the Minister for Health— WUl he Investigate the urgent need for a geriatric ward at the Babinda Hospital? Answer— Following an approach from the Babinda Chamber of Commerce about the conversion of disused nurses quarters In the grounds of the Babmda Hospkal into an Questions Upon Notice 5 April 1984 2505

aged persons home, the Cairns Hospitals Board had a feasibility study undertaken by its architects, which revealed that the building does not lend itself favourably to such use. The Cairns Hospitals Board has not advised me at this stage of the need for a discrete geriatric ward at the Babinda Hospital, and from available patient statistics It would seem that all needs of that district, including those for geriatric patients, can be met from within available accommodation at that hospital. Mr Davis: You are looking after yourself for next year. Mr AUSTIN: I look after all members of Pariiament. It is Interesting that National Party members make the more effective representations to me; the member for Brisbane Central does not.

25. Car Thefts Mr D'Arcy asked the Minister for Transport— (1) What positive measures are being Implemented by the Government to protect the public and the car Industry from southern car thieves and criminals who regard Queensland, because of Its Inadequate protection, as a haven for their Ulegal activities? (2) When can we expect these positive measures to be implemented? (3) Is there any move to have uniform legislation implemented throughout Australia? (4) If so, what form of protection Is envisaged and what stage have negotiations reached?

Answer— (1 & 2) The subject of the protection of the public and the car industry from southern car thieves and criminals does not come within the ambit of my portfolio and I suggest that the honourable member refer this matter to the Honourable the Minister for Police. The task of beating the rackets involving motor vehicles has not been enhanced by the grandstanding of the Leader of the Opposition, who seems to have some difficulty In deciding whether he Is president of the Queensland Consumers Association or Leader of the Opposition. (3 & 4) The subject of controls to prevent the reregistratlon of stolen vehicles was discussed as recently as February this year by the AustraUan Transport Advisory Council, of which my colleague, the Honourable the Minister for Local Govemment, Main Roads and Racing, and I are members. The States have been trying to arrange for a Ust of stolen vehicles to be put onto the Main Roads Department's computers. That has been Inhibited by a lack of co-operation from some State Governments—certainly not Queensland—and from some of the people in the Federal Labor Government. I understand that the Police Ministers have dealt wkh this matter and that they have recommended that It go to a Premiers Conference. In view of this action, ATAC Ministers agreed to await the outcome of the request from the PoUce Ministers that It be a matter of reference to the Premiers Conference. Mr D'Arcy: I redirect the first two parts of the question to the Minister for Lands. Forestry and Police.

26. Bmce Highway, Caloundra Turn-off—Sunshine Coast Section Mr D'Arcy asked the Minister for Local Government, Main Roads and Racing With reference to his press release of 19 July 1979 published In "The Cburier-Mail" statmg that the Main Roads Department had set Christmas 1982 as the completion date for the four-lane highway to the Sunshine Coast north of the Caloundra tum-off (1) What happened to his efficient planning as the four-lane highway has not even reached Beerburrum by AprU 1984? 2506 5 April 1984 Questions Upon Notice

(2) What is his new estimate of the completion date of this highway? (3) How many Uves have been lost on this section of road between 19 July 1979 and March 1984?

Answer— (1 & 2) In the time available, I have been unable to examine the 1979 article to which the honourable member refers. However, I am aware that the original main roads planning was set back considerably during this period by Inadequate Federal funding. In late 1982, as a result of the increased allocations from the AustraUan Bicentennial Road Development Program, I announced a revised target date for the four lane completion to the Caloundra Road by the end of 1985, together with four lanes to Nambour by 1988. I flew over the current constmction between Beerburrum Creek and Caloundra Road on Monday of this week and, at the present rate of progress, four lanes to Caloundra Road by the end of 1985 certamly appears achievable. (3) Traffic accident records are maintained by the PoUce Department. The honourable member may wish to direct this portion of his question to the Minister for Lands, Forestry and PoUce. Mr D'Arcy: I do so accordingly.

27. Paget Junction Level Crossing Mr Randell asked the Minister for Transport— (1) Has he been made aware of the recent tragedy at Mackay when two high school teachers were fatally injured In a level crossing train smash at Paget Junction? (2) Will he assure me that he wlU have an urgent Investigation made Into the circumstances of the smash and take any action necessary to ensure that this type of accident will not occur again?

Answer— (1 & 2) Yes. I have been advised of the circumstances regarding the recent tragedy which resulted from the accident at the level crossing at Paget, Mackay. The circumstances surrounding this accident are being investigated by the PoUce Depart­ ment. For the information of the honourable member, I would Uke to advise that this level crossing Is protected by "Stop" signs. The Railway Department has had plans to Install boom gates at this location for some time, but as the Mackay City Council plans to undertake major roadworks in the immediate vicinity, which will result in the realignment of the roadways at this point. It has been necessary to redesign the level crossing protection devices. I understand the council proposes the construction of a roundabout. The RaUway Department is acting in close co-operation with the Mackay City Council to ensure that the works are completed at the earliest possible time, and that, in the light of the recent accident, an examination is conducted into all the level crossings on that Une.

28. Newspaper Bingo Games Mr Burns asked the Premier and Treasurer— With reference to the so-called bingo games that are played In dally and week-end newspapers— (1) What checks are made on these games and are they subject to our gambling laws? (2) Are they required to draw pubUcly the numbers that are published daily in the papers? (3) As It is widely rumoured that many thousands of copies of newspapers are sold on the basis of these competitions and that these games are used to create commercial profit for the newspapers concemed, what checks are undertaken to see that they are fair and honestly run and that they are not a commercial come-on rather than a fair game of chance? Questions Upon Notice 5 April 1984 2507

Answer— (1 to 3) It Is lawful in this State to conduct an art union for the purpose of promoting trade. Although a permit is not Issued for such art unions, they must be conducted In accordance with certain conditions prescribed by the Art Unions and Amusements Act. No entry fee may be charged to participants. Accordingly, there is no requirement that the draw be conducted publicly. However, I can assure the hcHiourable member that the situation is being monkored and the Department of Justice wUl take action if any breach of the conditions laid down by the Act occurs.

29. Government Advice on Private Purchase of Computers Mr Bums asked the Premier and Treasurer— With reference to the numerous statements made by Government Ministers in relation to computers, computer training, consumer protection, etc.— (1) As many parents are desirous of purchasing a computer to help their sons and daughters gain additional experience in this expanding field, what action has the Govemment taken to assist parents to make a wise choice when spending a substantial amount of money on a computer? (2) Does the Education Department provide information to parents to assist them to purchase a computer that will be compatible with those used In the school which the child attends or will attend? (3) Does any Government department produce a book or pamphlet on computers with advice to Intending purchasers and parents? (4) As many people could waste money by buying equipment that Is not suitable, will he Initiate action to see that parents are given advice on this important matter?

Answer— (1) The Government does not see Its proper role as endorsing products or brands of products In the market and cannot act as an agent or promoter for individual manufacturers of home computers any more than it could for sporting equipment, encyclopaedias, or any other product on which consumer judgment Is required. (2) The Department of Education follows a procedure of review and advice on microcomputers which results In certain machines being placed on contract. There are currently five microcomputers on contract to the Department of Education. These are the Apple HE, BBC Model B, Micro B, Tandy Colour and Tandy Model III. All schools are advised that these machines are on contract. The nature of these machines has been, and continues to be, the subject of considerable discussion between parents and teachers at parents and citizens association meetings where issues of usefulness to students, cost and the avallahiUty of software are key discussion points. Many schools also offer courses In computer awareness for parents. Some of these courses are substantial and extend over a number of months. Additionally, the Department of Education has produced a range of educational guides, documents and pamphlets on computers. While these publications have been developed for teachers, they have been made available to those parents who have written to the Minister for Education or his officers. The purpose of making them available Is to provide parents with an understanding of the many ways In which computers are likely to be used In the class-room. A policy statement on computers in the curriculum has recently been published in the Education Office Gazette and has been made available to parents and citizens associations for their Information. (3) Quite apart from this extensive educaticmal assistance to parents, the Govemment also provides a service to the community through booklets such as "A Computer Primer for SmaU Business' pubUshed by the Department of Commercial and Industrial Development, and by the provision of many TAFE Adult Education courses on computing. (4) See (1), (2) and (3). 2508 5 AprU 1984 Questions Without Notice

30. Water Taxi Collision, Moreton Bay Mr McPhie asked the Minister for Water Resources and Maritime Services— With reference to an accident that occurred In 1983 on Moreton Bay between Redland Bay and Russell Island where two water taxis colUded and the skipper of one of the taxis lost his life, which matter has been under investigation by the coroner and the Marine Board of Queensland— Is he In a position to advise Parliament yet on the findings of the coroner and also the Marine Board of Queensland?

Answer— The coroner has completed his inquiry. He laid no blame on the operator of the other boat and found that the evidence was not sufficient to support a committal of any person to trial for any of the offences outUned In section 41 of the Coroners' Act. The Marine Board has studied the report and concurs with the coroner's findings In that no blame In relation to the incident attaches to the master of the other vessel Involved.

31. General Services Block, Toowoomba General Hospkal Mr McPhie asked the Minister for Health— With reference to the recent submission by the Toowoomba Hospital Board seeking a new general services block for the Toowoomba General Hospital— (1) What priority does the proposed general services block have In the departmental building program? (2) When Is constmcticm likely to commence? (3) What Is the present estimated cost of the total project? (4) Does the proposed design, as envisaged by the department, fuUy meet the Toowoomba Hospital Board's requirements? Answer— (1) Sketch plans for the proposed general services block have been prepared for the board by its architects. Under normal funding arrangements, it would be some time before the board Is able to give this project a priority. However, the department Is conscious of this fact and Is exploring other funding options. (2) Commencement of constmction wUl be dependent upon these funds being available. (3) The board's architects have prepared varying estimates of cost which relate to whether the project Is done as one contract or as staged development. (4) The design as presently known to the department Is the one prepared for the board by Its architects to board requirements.

DISTINGUISHED VISITOR Mr F. Finch, MP (Northern Territory) Mr SPEAKER: I wish to draw to the attention of honourable members the presence of Mr Fred Finch, Deputy Chairman of Committees and member for Wagaman In the Northem Territory Legislative Assembly, who Is seated In the Distinguished Visitors' GaUery. Honourable Members: Hear, hear!

QUESTIONS WITHOUT NOTICE In-line Machines Mr WRIGHT: In directing a question to the Minister for Lands, Forestry and Police, I refer to the in-line machine Issue that has been raised In this Parliament by the Opposition, and the indication, or what one might even caU the vague undertaking by the Govemment, that it Is prepared to have certain matters investigated. I ask: In view of that undertaking. Questions Without Notice 5 AprU 1984 2509 what involvement to date, if any, have the police had in these lnvestlgatl(Mis relatmg to Illegal gambling and the criminal threats associated with the operation of in-line machines in this State? Mr GLASSON: On the matter of the involvement of the police—a police officer has been assisting officers of the Justice Department relative to aUegations about In-Une machines. Whilst I am on my feet, I take advantage of the opportunity to bring to the notice of people the Involvement of the police in Mt Isa. Accusations have been made in the media that I may have-Instructed poUce officers to arrest a gentleman who was wearing a police jacket. I make the course of action very clear. When the gentleman's photograph appeared In the Brisbane Sunday paper, obviously It was the duty of the police to ascertain how he obtained the jacket. That was done by the police officer. It is IUegal, under the Firearms and Offensive Weapons Act, to obtain or wear a police jacket, or to have it In possession, without special permission. In this instance, the man did not have special permission. No action was taken on my part to order the police to arrest and charge the man concerned.

In-line Machines; Mr B. McNamara Mr WRIGHT: 1 ask the Minister for Lands, Forestry and Police: Has the Minister for Justice and Attorney-General forwarded to him any of the evidence that has been tabled in this House relating to the operation of in-line machines in this State, together with any personal request, or official departmental request, that the Police Department Investigate the Information? More specifically, as the Minister has taken the initiative In the instance of the bullet-proof vest, has the Minister for Justice asked the Police Department, or has this Minister acted In any way to Investigate the claims pertaining to Barry McNamara, specifically on the basis that he Is the person alleged to have made criminal threats against people In this State? What action has the Minister taken himself or what requests have been made to him by the Minister for Justice? Mr GLASSON: I have received no request from the Minister for Justice and Attorney- General for Involvement of the Police Department or police officers. I am not aware whether a request has been made direct by the Minister for Justice to the Commissioner of Police, officers of the Fraud Squad, or other investigating officers. Certainly no Information has come directly to me. Mr Wright: You did not do anything about It yourself? Mr GLASSON: No.

Transport Industry Mr NEAL: I ask the Minister for Transport: As the Minister responsible for encouraging a stable and reliable transport industry in Queensland in both the private and public sectors, and as the Transport Workers Union and many Queensland rail unions are affiliated with the ALP. what effect does he believe the current instabUity and faction-fighting in the ALP may have on the industrial stabUity of the transport industry in the foreseeable future? Mr LANE: The question asked by the honourable member is very sound in the light of the traditional alliances that have existed at both the personal and corporate level between some of the unions affiliated with the Australian Labor Party and the transport Industry. I speak of the Transport Workers Union and unions associated with the railways. Political strikes have sometimes taken place at the instigation of an ALP trade union official, to either enhance his standing in the poUtical arena or promote the cause of one of his staff for some prime position within the Australian Labor Party. Mr Fouras: Do you believe that? Mr LANE: Of course I believe It. I should like to think that, because the Transport Workers Union Is more representative of Its rank and file members since the recent union election than it was in the past, there would be no splU-ovef of poUtics Into the Transport Workers Union. I should also Uke to think that the Combined Railways Unions would be In a similar position and that their union officials would behave equally responsibly. 2510 5 AprU 1984 Questions WUhout Notice

I was alarmed when I read In "The Courier-Mail" this morning that the Australian Labor Party has substantial support within ks ranks, and, presumably, from wkhin some of ks affiliated industrial unions, for Bryant Burns of the Amalgamated Metals, Foundry and Shipwrights Union to occupy a prime position on the Australian Labor Party Senate ticket at the coming Senate election. He is notorious for the jobs that he has cost Queenslanders by forcing the closure of industries and for the millions of dollars that he has cost businesses, share-holders and employees. His most notorious action was the role that he played a few years ago in destroying the Evans Deakin shipyard at Kangaroo Point. He ran an action committee on the workshop floor and forced the closure of that shipyard. The support that Mr Burns is receiving from at least one faction within the AustraUan Labor Party to occupy a prime position on the Senate ticket does not augur well for the future of Queensland industry and Queensland's interests in the Senate.

Industrial Disputes in Vital Industries Mr NEAL: I ask the Minister for Employment and Industrial Affairs: Has he seen media reports that officials of the Australian Workers Union and the Federated Engine Drivers and Firemen's Association are threatening Queenslanders with State-wide black-outs and shut-downs of vital industries and facilities such as hospitals, water suppUes and treatment works? What action does the Government propose fo take? Mr LESTER: This is one of the most scandalous actions ever perpetrated in Queensland. It is appalUng that union officials can go on television and threaten the electricity supplies of the State and the sick people. The Government wUl not stand by and let this happen, especially when the alleged problems and the claims are the deUberate invention of the officials of the AWU and the FEDFA and do not faU within Industrial Commission guide-lines. As I said in answer to an earlier question, the Australian Workers Union and the Federated Engine Drivers and Firemen's Association have embarked upon Industrial lawlessness of the highest order. They have defied two orders of the Industrial Commission to return to work. They have been found guilty-^ Mr McLEAN: I rise to a point of order. I bring your attention, Mr Speaker, to the fact that this case is presently being heard In the Industrial Commission. Mr SPEAKER: Order! It had not been brought to my attention. I wiU decide whether what the member for Bulimba said Is correct. The Minister will continue his answer. Mr LESTER: I have a duty in the public Interest to Inform the people of Queensland of the intentions of the unions. Mr McLEAN: I rise to a further point of order. Until you, Mr Speaker, decide whether or not the question Is sub judice, I ask that It be put on notice. Mr SPEAKER: Order! I have made a decision. The Minister will proceed with his answer. Mr LESTER: The Labor Party has been put In a comer by the actions of the AWU and the FEDFA, and most of the other unions oppose those actions. The Opposition does not want the truth to be heard. The Australian Workers Union and the Federated Engine Drivers and Firemen's Association have been found guilty by the full bench of the Industrial Commission of being in breach of their undertakings in the State wage case of 1983 and the principles of wage-fixing adopted by the commission. They have organised industrial disputes to support their spurious and unfounded claims at other Government projects In the face of the findings of the commission. The unions have literally said to the commission "Do this, or else." I have never before heard such threats. The Australian Workers Union, not satisfied with Its efforts at the Maranoa Weir has now closed down the Gateway Bridge project. Obviously, the Labor Party wants that project closed down. The employees at the Gateway Bridge project are only pawns Questions Without Notice 5 April 1984 2511

In the game of the Australian Workers Union and the Federated Engine Drivers and Firemen's Association. The employees have nothing to gain by striking; they can only lose by this industrial recklessness. Yesterday the Australian Workers Union launched Its industrial venom on the sick people of this State. It ordered Australian Workers Union members at the Princess Alexandra Hospital to go on strike. The strike does not involve the issue of site agreement; it is a domestic issue. But one can see the extremes to which this union is now prepared to go. Many innocent people will suffer because this union is ready to strike first. Instead of using the estabUshed machinery for the settlement of industrial disputes. Last year, the Australian Workers Union brought applications before the State Industrial Commission for awards covering construction projects. After some conferences, the matters were adjourned, not at the request of the employers or the Government but at the request of the Australian Workers Union. To date, it has not been prepared to proceed. It is necessary to say these things because the Australian Workers Union has been attempting to indicate that it was everybody else's fault that strikes were occurring on construction projects. The fault lies solely at the feet of the Australian Workers Union, for reasons that the officials of that union know best. Mr DAVIS: I rise to a point of order. On former occasions, Mr Speaker, you have ruled that answers given by Ministers to questions without notice should be brief. I draw your attention to the fact that so far this answer has taken four minutes. Mr SPEAKER: Order! There is no point of order. I would request the Minister, however, to table the remainder of his answer if it is extensive, so that the House can proceed with Its business. Mr LESTER: Mr Speaker, the remaining part of the answer is not very long. Do I have your permission to read it? Mr SPEAKER: Order! I ask the Minister to proceed as quickly as possible. Mr LESTER: This Parliament has heard much about the so-caUed accord of the Australian Labor Party and the unions. I ask: Where Is this accord now? The wage indexation system has been promoted by unions under the guise of the accord. The unions have given undertakings under the guise of the accord. Yet when the system does not produce the wage increases of $120 a week sought by the Australian Workers Union and the Federated Engine Drivers and Firemen's Association, the accord can be thrown out the window. The responsibUky for plunging this State into darkness will lie at the feet of the AustraUan Workers Union and the Federated Engine Drivers and Firemen's Association. They have deliberately set themselves on the present path. They have defied the Industrial Commission. I call upon the trade union movement to bring these unions Into line before it is too late. The Government will not stand by Idly if the welfare of the people of Queensland Is threatened. If any honourable members opposite have any regard for the rule of law, they should ensure that their friends in the union movement call off these unnecessary and costly strikes and allow matters to be properly determined before the industrial tribunals.

Trading Hours of Motor Vehicle Dealers Mr WARBURTON: In directing a question to the Minister for Employment and Industrial Affairs and fairy-tales, I refer to a meeting that he had on 16 November last year with five representatives of the motor vehicle retailing industry. No doubt he will recall that he was asked specifically whether he had been appoached by any members of the public or consumer groups regarding support for the introduction of extended hours in the motor vehicle retailing industry. He should also recall that his answer to that question was "No." The same question was asked of the chief industrial inspector, Mr Brennan, and he also said "No" I now ask: Is the Minister aware that about four weeks later the 2512 5 April 1984 Questions Without Notice

same group met with the Deputy Premier and Minister Assisting the Treasurer (Mr Gunn) and that Mr Gunn expressed sympathy with the view put by the motor vehicle retaiUng Industry? Mr GUNN: I rise to a point of order. I object to that statement. It Is not true. I did not meet with representatives of the industry. Mr WARBURTON: Mr Speaker, I am asking a question. Mr Gunn: I am pointing out that you are wrong, Mr SPEAKER: Order! Mr WARBURTON: I will conclude by asking: Is k not a fact that he, the Minister for Employment and Industrial Affairs, has purposely misled this Parliament and the Queensland public? Further, is it not a fact that he has no evidence to support his publicly announced position in the matter, and that that Is the reason why, once again, he has had to back down? Mr LESTER: I have not backed down in any shape or form. Cabinet asked me to put forward a submission on ways and means of introducing six-day trading for motor vehicle ^ dealers. Next Monday I will put before Cabinet the way in which that can be done. It will be determined whether it wlU be done by legislation or through the State Industrial Commission. The member for Sandgate should know that I will not reveal the content of my confidential discussions. Under no circumstances wUl I divulge the nature of those dis­ cussions to any person, whether he be a member of the Labor Party, the National Party or an industry association.

Trading Hours of Motor Vehicle Dealers Mr McLEAN: By way'of a supplementary question, I point out to the Minister that when interviewed on radio this morning he said that he did not have time to go ahead with legislation during the present sitting. I now ask: Could he inform the House what legislation he has in mind and when he will be going ahead with It? Mr LESTER: Next Monday I wUl be putting the options before Cabinet in accordance with my directions.

Metropolitan Fire Brigade Mr MILLINER: I ask the Minister for Environment, Valuation and Administrative Services: Because the understaffing of the Metropolitan Fire Brigade has meant that fire appliances are off the mn and that stations have closed, is he aware that the MetropoUtan Fire Brigade Is not as large or as effective as it would appear on paper? As Minister in charge of fire services, what Is he doing to reUeve the skuatlon in that fire brigade? Mr TENNI: The honourable member has been having one great dream. The Metro­ politan Fire Brigade is overstaffed. At present I am examlnmg that matter. The number of firemen employed throughout the State Is adequate. Unfortunately, many firemen are deployed in the wrong areas. Recently, legislation was passed to provide for the portablUty of long service leave, sick leave and so on. I would hope that the correct deployment of staff In Queensland will take place over a number of years. In future, I suggest that the honourable member. Instead of listening to fanciful stories, check his figures and information to ensure that they are correct.

Teaching of Theory of Evolution Ms WARNER: In directing a question to the Minister for Education, I refer to his statement that in some places certain people are teaching the theory of evolution as fact, and to his statement that that had been going on for some time. I ask: Could he specify what action. If any, has been taken concerning the people In the places concemed? Could he specify whether the places were State high schools or some other institutions? Will he teU the House exactly what Instmction has been given to secondary schools State and non-State, and to whom the Instruction was addressed? Does the Minister Brisbane and Area Water Board Act Amendment Bill 5 April 1984 2513 agree that creation Is also a theory? If so, does he believe It to be a scientific theory? If the creaticm story is to be taught as a compulsory subject, under which syUabus wlU it be covered and which teachers wlU be instructed to teach k? Is It to be covered within the biology syUabus? Which version of the creation story Is to be taught in Queensland schooh as the origin of the species? Mr POWELL: The Instmction that was given came from the Education Department and naturally went to departmental schools. The Education Department does not have any jurisdiction over schools that are not operated by the Education Department. I cannot quote the instruction verbatim. I suggest that, If the honourable member wants the instruction verbatim, she put the question on notice so that I will answer It fully on the next day of sitting. Ms WARNER: I do so accordingly. Mr SPEAKER: Order! The time alloted for questions has now expired.

PRIVILEGE Standing Orders and Rules Relating to Personal Explanations Hon. M. J. AHERN (Landsborough—^Minister for Industry, Small Business and Technology) (12.15 p.m.): I rise on a matter of privilege. I draw your attention, Mr Speaker, and the attention of all honourable members, to the use of Standing Orders and Rules of the House relating to personal explanations. I refer particularly to the provisions of Standing Order 110, which relates to this matter generaUy and uses the word "personal" I quote from It— "By indulgence of the House a Member may explain matters of a personal nature ..." I draw your attention also, Mr Speaker, to Rule of Practice No. 11, which states— "A Member is not permitted to prosecute a quarrel with another Member arising out of Debates or Proceedings of the House, or any Committee thereof." It Is fair to say that the Leader of the Opposition and, recently, the member for Salisbury have sought to use Standing Orders to go far beyond what would ordinarily be classified as "normal" and have extended their speeches to political matters. If that practice were taken to its ridiculous conclusion, honourable members would be rising in their place every day on some poUtical issue and alleging, for example, personal involve­ ment In criticism of ALP policy. The matter needs to be considered by you, Mr Speaker, and guide-lines need to be laid down. I rise now to give you time to consider whether there ought to be guide-lines and whether a specially considered mUng should be made by you, after advice. I suggest that you might wish to report to the House at a later time—^possibly next Tuesday. Mr SPEAKER: Order! I will certainly look Into the matter that has been brought to my notice.

BRISBANE AND AREA WATER BOARD ACT AMENDMENT BILL Committee The Qiairman of CommUtees (Mr Row, Hinchinbrook) In the chair; Hon. R. J. Hinze (South Coast—Minister for Local Government, Main Roads and Racing) in charge of the BIU. Qauses 1 to 4, as read, agreed to. Qause 5—New ss. 38A and 39B— Mr SHAW (12.18 p.m.): In the debate on the second reading last night, I said that the Bill would give the Minister power to dictate to the board. The Minister took exception to that statement, so perhaps I should clarify what I was trying to say. I was not suggesting that he would voluntarily make decisions or endeavour to impose his wUl on the board. I quite sincerely believe that he would be very happy to allow the board 2514 5 April 1984 Brisbane and Area Water Board Act Amendment BUl

to run its own course and stay well and truly out of its day-to-day deliberations. However, the fact is that this clause empowers him to make decisions when matters are brought to him for settlement. Whenever a dispute arises between people connected with the board, it will be referred to him. I said last night—and I repeat It now—that we can expect that to occur again and again. Regardless of the Minister's wishes, he will find that he Is called upon to make rulings on the operations of the board. It will not be merely a matter of making decisions on very serious problems that the board finds unsolveable; it will go much further than that. The Minister will be faced with much less Important problems that do not warrant his attention. Mention was made at the second-reading stage that the Minister will be called upon to rule on the safety level in a dam. I sincerely believe that the Minister would prefer not to have to make such a decision. However, that Is an example of the type of decision that he wUl be required to make, and decisions such as that should not have to be made at ministerial level. The Opposition opposes the clause, which takes away from councils the right to pursue to the bitter end the rights of the people whom they represent. That is a very serious matter. The Opposition believes that that should be done only as a last resort, after every other avenue has been exhausted. Instances have occurred In Queensland in which local authorities have held out. They have claimed that the arrangements were not suitable to them, and negotiations have gone on for many years—^in fact, for more years than the Brisbane and Area Water Board has been In existence. They have argued and fought for the rights of the people whom they represent. For that reason, the Opposition Is not happy with the clause and wlU oppose It. Mr PREST: I agree with the sentiments of the member for Wynnum In relation to clause 5, which takes away the rights of the local authorities that comprise the Brisbane and Area Water Board and gives them entirely to the Minister. Members of local authorities have been elected by the people, for the people. Those in local government are In closest contact with and know the needs of the people whom they represent. As the member for Wynnum said. If this clause becomes law. It will be only a matter of time before the rights of the members of local govemment are eroded completely, especially In relation to water supplies, which are essential in the community. A similar thing happened to the Gladstone Area Water Board in 1976. At that time, I was the mayor of Gladstone. The councU refused to hand over the assets and the UablUties of that city council to the Gladstone Area Water Board until It received justice. The council wanted to ensure. In particular, that water was not priced out of the reach of the people of Gladstone. The council held out untU it was assured that the water-users In the area would be charged a price comparable with that in cities of a similar size. Only a couple of weeks ago I noticed In the "Govemment Gazette" that the assets and liabUitles of the city council have now been handed over to the Gladstone Area Water Board. The people of the affected area must be protected; in this Instance the people of Brisbane and surrounding shires. The representatives appointed by the people should have the say. Who knows at what point the Minister might come In and make the decision for them? Every avenue must be explored; it should not be rushed Into. At any time the other members of the board could attempt to override the Brisbane City CouncU, and a decision could be made hastily. Problems should be resolved by the members of the local authority. I totally disagree with clause 5. Disagreements should be debated by all member authorities on the board and the Minister's intervention should occur only as a last resort after all objections have been heard and all necessary steps taken. I believe that sanity must prevail. Mr McELLIGOTT: I touched upon this subject in the debate last night. I said that this clause moves into a very difficult area. I refer particularly to the fact that a dam under the ownership and control of the board would be physlcaUy located In the area of a shire or city council, and that could bring into conflict the intent of the board's operations and the town-planning regulations and policies of that shire or council. That has been a difficulty In other areas of the State, and I am sure it wUl apply in this area. Brisbane and Area Water Board Act Amendment BiU 5 AprU 1984 2515

I expressed doubts as to the Intent of the legislation which, I understand. Is to do away with the need for legaUstic confrontation, if you Uke, and I doubt whether the Govemment can reaUy ask several of the shire councils to forgo that avenue. As the member for Wynnum has already said, the elected members of a shire or cky council are entitled to take their representation of the Issues of their community to the highest possible level. It Is wrong to take away from them their rights, and even responsibilities, to seek legal representation on behalf of their constituents.

Mr HINZE: I thank honourable members for their comments. I want to allay their fears, particularly as the member for Wynnum referred to my dictating to local authorities. He knows that that is not the policy of the present Government or the present Minister. I will not take exception to it, but merely say that in my long association with the Brisbane City CouncU, going back over the terms of three or four lord mayors, there has been a very harmonious relationship, and problems have always been resolved.

The Government can be proud of its record in all the other water supply areas in which agreement has had to be reached, such as between the Townsville City Council and the Thurlngowa Shire Council, the Mackay City Council and the Pioneer Shire Council, the Gold Coast City Council and the Albert Shire Council, and the Brisbane City Council and the various shire councils which are members of the board. The member for Wynnum was a member of the Brisbane City Council in the days when the board was set up, and he knows that five seats on the board were made available to the Brisbane City CouncU to give it sufficient numbers to properly argue its case.

The clause is designed to achieve a settlement of disputes between the board and a local authority. The intention Is that the board and the local authority should resolve matters themselves, and that the Governor In Council merely ratify such resolutions. However, there have been protracted negotiations between the board and the Brisbane City CouncU over matters relating to the taking over by the board of the Somerset and North Pine Dams. It Is necessary that decisions be made. The Bill enables that to be done.

Under the present Act, once one matter is settled a further matter of dispute can be raised and finality Is not reached. The Bill provides that, where a dispute Is referred to the Minister, he may determine to make inquiries into all matters that are not subject to agree­ ment between the parties. When the Minister decides to make inquiries he must notify the board and the local authority concerned, and they wiU be able to make representations to the Minister. The representations will be fully considered by the Minister. All I have to try to do is allay any fears In the minds of honourable members. I do not see the problems that they refer to. This is an unlocking device that will, In effect, resolve disputes that may come up from time to time. Probably this is one way of obtaining an easy, quick settlement.

Question—That clause 5, as read, stand part of the Bill—^put; and the Committee divided—

Ayes, 44 Ahem Hinze Newton Austin Innes Powell Bailey Jennings Row Bjelke-Petersen Katter Simpson Booth Kaus Stephan Borbidge Lane Stoneman CahUl Lee Tenni Chapman Lester Turner Cooper Lickiss Wharton Elliott Lingard Whke Gibbs, I. J. Littleproud Glasson McKechnie Goleby McPhie Gunn Menzel Tellers: Harvey MUler FitzGerald Henderson Muntz Neal 2516> 5 April 1984 Building Act Amendment BUl

Noes, 27 CampbeU Mackenroth Veivers C^sey McEUigott Warburton Comben McLean Warner, A. M. D'Arcy Milliner Wright Davis Prest Yewdale De Lacy Price Eaton Scott Fouras Shaw Tellers: Gibbs, R. J. SmUh Burns Goss Underwood Vaughan Resolved in the affirmative. Qauses 6 to 12, as read, agreed to. Bill reported, without amendment.

Third Reading Bill, on motion of Mr Hinze, by leave, read a third time.

BUILDING ACT AMENDMENT BILL Second Reading—Resumption of Debate Debate resumed from 28 March (see p. 2227) on Mr Hinze's motion—- "That the BiU be now read a second time." Mr SHAW (Wynnum) (12.41 p.m.): Some months ago, the media pre-empted the Bill by stating that it would set up a committee that would have very strong powers to rule on building applications. I am very pleased to learn that the media's prediction was wrong. At that time, the outcry against such a proposal not only from local authorities but also from architects and other people Involved in development projects was quite understandable. A proposal to set up a committee of developers that would sit In judgment on developments would be quite outrageous. I am pleased that such a proposal Is not before the House today. Problems do arise, however, because delays occur in the approval of applications for development after they are submitted to councils. That fact must be acknowledged. However, the point is missed that most of those delays result from town-planning considerations because the majorky of applications concern town-planning and are not purely bulldmg applications. Quite often I have defended the Brisbane City CouncU. However, on this occasion I find myself being somewhat critical of It. In dealing with planning applications it has not put In the effort that I would like to see. Having said that, I suggest that it is unfair to criticise the Brisbane Qty CouncU for the manner in which it deals wkh building appllcati(ms. I checked on how long It takes building applications to be approved. The average period Involved is 26 days. Certamly, In some Instances, It takes longer than that to obtain approval, but the simple home-building applications are approved within a much shorter time. The problem associated with dealing with what are purely and simply building appUcations is not as great as some people Imagine. As I have said, most of the delays that do occur result from other considerations and not from processing by inspectors in the council's building department. The .Minister has said that, if an application complies with the Building Act, there is no reason why a lengthy delay should occur. Generally speaking, I agree wkh that. However, delays occur because the applications do not comply with the Act or, as Is more often the case, with town-planning requirements. The Bill wUl extend a practice that has developed In the Brisbane City Council and other local authorities where buUding applications are not dealt wkh until planning approval has been obtained. It takes up to six months or longer to obtain town-planning approval. A complicated building application may take up to six weeks to be approved. Added to the six-month delay will be a further six weeks. That delay could be avoided if applications were submkted to council, checked and ready to go pending town-planning approval. By doing that the six-week delay could be shortened to one week or less. Building Act Amendment Bill 5 April 1984 2517

The decision wiU be taken out of the council's hands. The attkude that Is being adopted Is that once an application has been lodged and money has been paid, a builder is entitled to approval within 40 days. Local authorities wiU say, "You do not have town-plaiming consent. We do not have to accept your applicatl<»i at this time. When you have obtained town-planning consent, you can return." Instead of the delays being reduced, they wUl be Increased. That wlU be most unfortunate. Many aspects of the Bill are contradictory. Some provisions promote the extension of local authority powers. They give councils the right to apply by-laws to only their area. That moves away completely from what this Government has expressed in the past, and that is the desire to have uniformity in this State. A developer should know whether a house that he can build in Brisbane can be built on the Sunshine Coast, the Gold Coast or in Gladstone. At present, as long as he complies wkh the Building Act, he can. The Bill will move away from that practice. It will give local authorities a right to make by-laws based on aesthetics. In future, if the local authorky does not like brick veneer buildings being built on the Crold Coast, it can stop that practice. Perhaps that is not a good example, but that is the sort of thing that can occur. It Is more likely that the opposite would happen. A council may say, "We want all brick buUdings and tile roofs in this area." That will be a move away from uniformity of practice. I can see the reason for it. In some areas there could be good reasons for it. Mr Hinze: The Redlands area has asked for this amenity clause or something like it. It is very difficult to legislate for one part of the State. Mr SHAW: It is. I can understand the thinking behind It. I do not know why the Redlands district wants that power. j^ike the Minister, I am aware that many developers have tried to do that by placing covenants on land. Tbey have said, "If you buy land in this estate, you must build a house of at least 10 squares. It must be of brick construction." There are legal ways of doing that. The right of a person to build the type of home he likes is being taken away. I do not like A-frame houses. Provided that a person who buUds an A-frame house does not sheet the roof with highly reflective material that wiU affect his neighbour, he has a right to build k. The legislation will enable councUs to take away the right of a person to build the type of home that he wants. That is a fairly important move. I stress particularly that it moves away from a poUcy adopted by the Government in the past. It is also in contrast with other provisions In the BiU which do exactly the opposite. They take away from local authorities the right to exercise that sort of judgment by setting up a tribunal to judge whether or not by-laws should be relaxed. The Govemment Is removing from local authorities the power to sit In judgment on those matters, which will be referred instead to a central body. That Is exactly the opposite argument to the one being advanced that the Redland Shure CouncU should-have that power.' If somd)ody wants to erect a building in the Redland Shire and there needs to be a relaxation of a by-law to enable It to be done. Instead of the council having the power to rule as It would in the Interests of its area, the power wUl be taken from it and given to a central tribunal for decision. So there is a wide variance In the principles appUed in those two instances. The greatest concern of the Opposition is that the BIU is a body-blow to those who support the Idea of heritage legislation and the protection of buildings of significance in Queensland. It is of great concern to those who relied on the election promise of the National Party, which was that meaningful heritage legislation—and I do not like the word "meaningful"—would be introduced. This is the first piece of legislation since then that has an effect on the preservation of buildings of significance—and It makes It easier for people to demolish! It Is the exact opposite of what most people want. If a sensible means to protect buildings had been Introduced in heritage legislation first, I would not see anything sinister in the clause at aU; It would simply have enabled people to obtain demolition orders as long as other conditions had been met. There would have been nothing wrong wkh it at aU. However, seen In isolation as the first change, it is a matter of concern to the pubUc of Queensland—and to the public of Brisbane, In particular—who have an Interest in preserving historical buildmgs. 2518 5 April 1984 Building Act Amendment BUl

It could be said that It wiU help overcome the problem of midnight demolition. It wiU do so because people will be able to demand a permit to demolish legally. Instead of ending hasty demolitions before decisions can be made on whether or not a buUding ought to be preserved, the legislation wUI give to demoUshers and wreckers the right to move In quickly before there Is any public debate on whether or not a building ought to be preserved. The legislation wiU make it easier for wreckers to puU buildings down. Councils wiU not be able to refuse permits on the ground of the significance of the building. I do not argue that people who have a building of historical significance should be deprived of the right of some sort of development and forced to maintain the building at their expense. That Is quite an unrealistic argument. The Opposition has never argued that way. If the Minister wants a sound basis for the introduction of realistic ways to approach the problem, he should have another look—I am sure he has seen It a first time—at the proposal put forward by the Opposition prior to the last election. We propose heritage legislation deaUng with how decisions could be made on whether or not buildings could be preserved, how they could be preserved and, If they could not be preserved, whether they should be preserved by public assistance or by bonuses being given by the local authorities as assistance to an owner desiring to effect a worthwhile development. All of those questions have to be answered. I supported the demolition of the Regent Theatre because every possible avenue for Its preservation had been exhausted and there was no altematlve. Mrs Chapman: If you had one of the homes, you would want it to be preserved but you would want to be compensated for that. Mr SHAW: I have just said that. The honourable member for Pine Rivers has not been listening. I have just said that those people are entitled even to a relaxation of council by-laws. They should not have Imposed upon them the same parking restrictions as other places. Perhaps fire restrictions are a different matter, because buildings have to be safe. If necessary, by-laws should be relaxed to make the preservation of these buildings a viable proposition so that the owners can redevelop them. If that is not possible and If the building is one of significant Importance, the Government or the local authority should move In, buy the building and compensate the owners, who should not be expected to carry the financial burden. All of those avenues need to be exhausted. Only then, if there is no answer, should permission for demoUtion be granted. Mrs Chapman: Would you, as the owner of that property, feel you have greater rights over It than the heritage people? Mr SHAW: The honourable member does not understand what I am saying and I do not have time to say It over and over again simply for her benefit. The Bill removes the possibUity of having proposals considered and for people to advance arguments before a decision Is made on whether a reasonable opportunity exists for buildings to be preserved. The Bill gives demoUshers the right to demand a permit to demolish purely on the basis of whether or not that demolition meets building by-laws. That means that any application for demoUtion must be granted, and must be granted quickly. The Bill Is the exact opposite of what the Government promised the citizens, which was that reasonable consideration would be given Into introducing a reasonable, acceptable form of heritage legislation. Mrs Chapman: But you are taking one side. You are presuming that everything needs to be preserved. Mr SHAW: That Is absolute nonsense. The honourable member has not been listening. I have already gone through it twice for her benefit. I will not go through It again. The different alternatives have to be explored. If the honourable member for Pine Rivers were to look at the document from the Opposition, she would see how buildings could be preserved quite easily. If there is no reasonable way—I stress "reasonable"— that a building can be preserved. It has to be demolished. The Opposition simply says that those questions have to be answered first. The Government's proposal in the Bill is that those questions should not be asked. The Government is saying that when some­ body wants to demolish a building, he should be given a permit so that he can move in quickly, pull it down and get out. Building Act Amendment BUl 5 April 1984 2519

Mr Milliner: Like the old Bellevue. Mr SHAW: Yes, but Instead of having to do k at midnight, the Government will let it be done legally, which Is the exact opposite to what the Government argued before the last election. I believe that sensible answers exist and they should be explored. The only protection that presently exists for historical buUdings Is the ban that has been Imposed by the building inspectors of the Brisbane City Council. They have refused to process applications for demolition, which is not a good way to decide whether or not buildings should be preserved. I do not think the Minister would be able to answer the question of what effect this legislation will have on the bans that have been Imposed by the building Inspectors because, as I see It, those bans will continue, and the appli­ cations wiU not be processed and demolition permits will not be granted. Mrs Chapman: Is that on every building? Mr SHAW: Has not the honourable member for Pine Rivers read the Bill? Mrs Chapman: I am asking what the Brisbane City Council is doing about the bans Imposed by the building inspectors. I do not worry about the Brisbane City CouncU. You seem to know what it is all about. Mr SHAW: I am always willing to answer interjections, but I draw the limit at inane interjections, which simply waste a great deal of time. The BUl provides no answers for those who are concerned about the State's heritage; the only answer Is that soon no buildings of significance will be left to be preserved, anyway. [Sitting suspended from 1 to 2.15 p.m.]

Mr CASEY (Mackay) (2.15 p.m.): One can always bet that Acts such as the Local Government Act and its associated Acts are amended either as a result of court cases or some IUegal act committed In a local authority area. An Opposition Member Interjected. Mr CASEY: Well, probably what could be called hole-stoppers that the Govemment wants to puU to allow a local authority to stand over its citizens. This BUl is no exception. I happen to be fully cognisant of the reasons for two of the alterations being made to the Building Act by this Bill. Surprisingly enough, they both relate to the same case, and clearly Indicate In many respects the depth of the National Party's presence in local authorities throughout the State. These are local authorities that are supposedly non-political, or at least that the National Party claims are non-political when it suits It. The husband and wife Involved In the case to which I refer happen to be aldermen on the Mackay City Council. Something unfortunate which happened to them has landed them In a very awkward situation. The whole problem, relates to the Building Act. Both people are of very high personal Integrity, and on every occasion when the problem came before the council they declared their pecuniary interest. However, they stUl suffered from decisions made by the council because of the vindictiveness of the National Party mayor, who dommates the rest of the aldermen, and was at odds with these two aldermen over many other matters. I know that the deputy mayor wiU not mind my mentioning her, because Alderman Carmel Daveson Is a very weU respected member of the council. She has been deputy mayor since the last election. Prior to that she had been an alderman for many years, as has her husband, Dr Alf Daveson. It is well known in Mackay that the National Party mayor has tried to completely exclude Carmel Daveson from a great many council activities over a long period, but I think on this occasion things have gone a little too far. The Davesons finished up obtaining the opinion of a QC on their problems, and in both cases the opinion favoured their line. In a moment I will explain what happened to them. They did endeavour to negotiate with the Minister and the Department of Local Government to try to get a fair go, but with no result. Now the Act is being completely altered, and even If they go to court and win, all the Mackay City Council will 2520 5 April 1984 Building Act Amendment Bill have to do is make a fresh decision in accordance with the provisions of this BUl and they wUl find themselves back In the same situation, having spent all their money on legal expenses for nothing. What happened to them could have happened to anybody. Out of the blue, their neighbour rebuilt part of his house. In accordance with section 13 of the Act, which Is now being amended, council officers gave the neighbour approval to rebuild. The first that the Davesons knew of what was happening was when part of the house alongside them was demolished, and building began. Instead of a one-storey structure being built almost up to their boundary, they found that the new stmcture was two storeys high and was on the same alignment, so that the overhang of the roof on the second storey came almost right up to their boundary. That, as we aU know, is contrary to the by-laws of all local authorities for the construction of residences. The structure was completed before they were able to approach council officers to find out what was happening. Then virtually all heU broke loose. The job had been approved and supervised by councU staff during construction. I am not throwing the blame on the council staff. We aU make mistakes, and council officers are no exception. A great row erupted in the council. The two aldermen, because of their high personal integrity, did not participate in the council debate. They declared their pecuniary Interest and stayed out of it. The numbers in the council were stacked against them and the vindictiveness came through. The council acted illegally against them in this matter. Instead of correcting the situation properly, the Minister has introduced amending legislation that will entrench the mistake made by the council. It will mean that decisions can be taken under the transitional provisions so that, when planning for building work has been commenced and irrespective of the stage it has reached, because hardship may be caused, having regard to the stage that the planning has reached, the nature of the building work, the means and circumstances of the person, or any one or more of such matters, for evermore it < shall be lawful for the building work to be carried out or completed, or for the approval of the local authority to be granted, as the case may be. The amendment reaUy means that no matter how illegal something may be or how unfortunate a decision may be, an aggrieved party will have no recourse. In addition, the Bill spells out loud and clear the power to delegate, and the delegation will always be there unless the council decides to the contrary. This unfortunate happening took place because these two aldermen considered that they should not vote on the unfair provision that affected them, and because of the vindictiveness of the other councillors who wanted to give them a slap across the ears. I thought k my duty to bring this matter before the ParUament to show clearly what can be done if the wrath or the ire of some National Party members in local authorities is stirred. This legislation proves the extent to which the Govemment wUl go to ensure that Its friends get their way. It should be of great interest to members representing northern areas to note that, under the Building Act, cyclone precautions, which are covered by the ASA standards, must be, incorporated In buildings In cyclone areas. I have no argument against that. As you and I know, Mr Deputy Speaker, buUdings in north Queensland must have special cyclone-proofing. That costs a lot of money. However, the insurance companies impose a much higher tariff for storm and tempest cover In cyclone areas. People with properties In cyclone areas pay excessive costs for cyclone-proofing and the Insurance companies impose an additional cost. AUhough the damage could total tens of millions of dollars, insurance companies have not increased the cover on the buUdings In Victoria that were damaged recently by devastating storms and excess premiums were not charged in areas in South Australia, Victoria and Tasmania where the bush fires ravaged homes last year. Severe storms are experienced In south-east Queensland. Tn the last few years, major storms have hit Brighton, in the electorate of the honourable member for Sandgate, and the suburbs of MacGregor and Mt Gravatt. Those very sudden storms cause as much damage as the cyclones cause in north Queensland. Despite that fact, northerners living in cyclone areas are persecuted by Insurance companies charging excessive premiums. That Is grossly unfair. The. State Government Is responsible and should ensure that northerners are treated fairly. Building Act Amendment BiU 5 AprU 1984 2521

The Constitution of the Commonwealth of AustraUa states clearly that there will be no differences between the States and that they wlU be treated equally. That equality is embodied In Commonwealth legislation and in the financial provisions made for the States. It Is entrenched in the Constitution. Similarly, Queensland should ensure equality In Its legislation. That could be done through the local government laws, building laws or even through the Constitution Act. As a result of the provisions in this Bill, it will be Ulegal for anyone in the coastal area of north Queensland to erect a buUding of any description—^be it a home, factory, workshop or commercial building—unless It conforms to the cyclone provisions of the ASA code. The Government should ensure that every region in Queensland Is treated equally and fairly and It should take a stand against insurance companies for the unfair way in which they are treating north Queenslanders. Mr PREST (Port Curtis) (2.27 p.m.): Many of these amendments to the Building Act are purely mechanical. However, I would like to know whether they have been discussed fully with the Local Government Association. I apply my comments specifically to the provision in the Bill for the establishment of a Building Industry Complaints Tribunal. I am aware that, prior to December last year, its establishment had not been discussed with the Local Government Association and that that association objected to its estabUsh- ment. On 20 December 1983, the Local Govemment Association wrote to the Minister for Local Govemment, Main Roads and Racing and, in that four-page letter, pointed out the areas of its concern and asked a number of questions of the Minister. I hope that in bringing forward this measure the Minister has taken cognisance of that association's concern. I sincerely hope that the Bill is to the satisfaction of all local authorltites. I do not know whether other honourable members have received letters of concern, but I received a letter from a local authority In my electorate. It spoke to the local press on 24 February 1984 stating that it supported moves against the establishment of a State building complaints tribunal. I hope that the Minister has spoken with the executive members of the Queensland Local Government Association to allay their fears concerning the setting up of this tribunal and to answer the questions that they raised. From time to time, lengthy delays occur in the approval of building applications. On occasions, those delays are caused by the nature of the applications themselves and the manner In which they are submkted. A Government Member: Not always. Mr PREST: I said "on occasions". The applicants are worried and maintain that they wait weeks, months or even longer for their applications to be approved. Over that period, costs could escalate to such an extent that the final cost of constmction of a proposed building Is prohibitive. If, as it appears, the local authorities have been consulted and have agreed to the setting up of the building complaints tribunal, I am pleased to hear it. It has been said that the tribunal is being set up so that applicants wUl be able to complain to k and that it will not make a decision on the appUcation itself. Instead, it wlU ascertain from the local authority concerned why a delay has occurred. The tribunal wUl then adjudicate on the matter and will ekher determine that the local authority followed the proper course in delaying the appUcation or, aUematively, give the local authority a certain period in which to arrive at a decision on the application. Mr Veivers: You have put the Minister to sleep. Mr PREST: He knows that while I am speaking he can rest content. He has some very good officers In the lobby, and he knows that they will take on board the matters I am raising. Mr Hinze: You have a sweet voice. Mr PREST: I have. The Minister knows that OpposUion members wlU not be very hard on him. However, I assure him that when his racing legislation comes before this Assembly,, some Opposklon members, including the honourable member for Ashgrove, will give him a little bk of stick. 2522 5 April 1984 BuUding Act Amendment BIU

If the tribunal performs as members have been told it will, I cannot see that any serious problems will arise. I am happy to agree ito the BiU. The building industry is a very important one. Everyone Is trying to cut costs and time in carrying out constmction work. I sincerely hope that the Bill will prove to be of advantage not only to local authorities when granting approvals but also to building contractors and appUcants for building approvals. Mrs CHAPMAN (Pine Rivers) (2.34 p.m.): Having spent some time In local government, I believe it is time that consideration is given to complaints made by members of the public concerning the time taken by local authorkies to process applications. Even those honourable members who have not spent some time In local government would have received complaints from constituents who ask, "Can't you do something about the council? It is taking too long to process my building application." Usually, it takes 40 days to process a building application. I have frequently received requests from persons who say, "Can't you hurry the council? I have all this land tied up. It has already been rezoned and I cannot do anything about it." Someone should say to local authorities, "It is time that you got a move on." People cannot afford to sit round and wait for local authorities to process applications. The persons employed by local authorkies are professionals. They are paid at the end of each week. They take their time to answer any questions that are asked, I do not deny that there are some very good officers in the Pine Rivers Shire Council; in fact, it employs some excellent officers. However, they tell people to alter their plans. That takes time. A person who Is trying to obtain approval of his buUding application has spent time borrowing money. He is probably paying 16 per cent interest on the money that he has borrowed. Sometimes he cannot afford to pay interest for an additional month. Mr FitzGerald: He probably passes It on to the consumer on his next job. Mrs CHAPMAN: That is right. In addition, he has been burdened with a withholding tax. Mr Hamill interjected. Mrs CHAPMAN: The Federal Government could have knocked It back, but it did not. Mr Hamill: Flo Bjelke-Petersen voted for it in the Senate. Read "Hansard". Mrs CHAPMAN: The honourable member Is fairly well up the ladder because he has been schooled by Federal members. Opposition members have referred to town-planning approval. Anyone In his right mind would know that a person would obtain town-planning approval before he applied for approval of his building application. Mr Shaw: How long were you in local government? Mrs CHAPMAN: I am stiU there; but k Is obvious from his explanation that the honourable member for Wynnum has never been there. If Opposition members have been telling people that a building application has been held up because town-planning approval has not been granted, they are doing things back to front. It Is no wonder that they are confused. The town-planning section is to blame for many of the problems that have been encountered. When I first became a member of a local govemment, I was told that although there are many good town-planners, they are Uke circus people—they are a breed on their own. They make different rules and regulations and do their own act. At times, that can be very inconvenient to the public. How a person can say that a particular colour of paving block around a building can make any difference to the construction is beyond me. However, I am aware of town-planners who have done that. They have advised people on the colour of paving blocks that should be used. Building applications have been held up for that reason. That Is not fair to the public. Someone in authority needs to say to those persons, "It is tune that you had a long, hard look at yourselves. You are costing the country money." Mr Vaughan: Whom do you suggest? Building Act Amendment BUI 5 April 1984 2523

Mrs CHAPMAN: The tribunal that will be established under the Bill. Understaffing is a problem experienced by local authorities. Although local authorities try to work within their means and keep within their budget allocation, they have Insufficient staff. That problem occurs particularly in the building departments of local authorities. Mr Hamill: Many local authorities are short of money, aren't they? Mrs CHAPMAN: They do not spend it wUly-nilly, as the Opposition would spend it. They work within their budget. Local authorities need sufficient staff to inspect buildings and to deal with buUding applications. I have had some experience with the Pine Rivers Shire CouncU. People wUl come to the inquiry counter and ask to speak to the chief building Inspector so that they can obtain their information from the highest authority. If any marks are to be put on their plans, they want them put there by the person at the top. They do not want somebody to say, "Maybe that Is right; maybe that is wrong." I have been told that if a person takes a plan to the council and it Is perfect in every way, he is not likely to have It approved. It is easier to have the plan approved if It Is known that there is something wrong with it so that the council inspector can put his red marks on k. Somebody will then say, "Now you are doing the right thing." The plan will then be approved. That is a bad practice. Mr Vaughan: Does this go on In the Pine Rivers shire? Mrs CHAPMAN: I said that people have told me this. I did not say that it occurred In the Pine Rivers shire. I turn now to the time it takes to process building appUcations. In my area, unless a person has to apply for rezoning before he builds a factory or busmess An Opposition Member: He or she. Mrs CHAPMAN: I am not showing any prejudice. Before application is made, normally the land Is rezoned; otherwise when a person lodges his building application, the officers wUl say, "You cannot build there. It does not have the correct zoning." If that is the cause of the hold-up. It Is not fair to say that it is the council's fault. Mr Hamill Interjected. Mrs CHAPMAN: Don't be a dUl! Mr DEPUTY SPEAKER (Mr Row): Order! The honourable members for Ipswich and Lockyer are not contributing anjrthing to the debate by holding a conversation across the Chamber. I ask them to cease forthwith. Mrs CHAPMAN: I am accustomed to garbage from the other side, Mr Deputy Speaker. Many people do not realise that land must be rezoned before a building application is lodged. Mr Casey: Are you aware that amendments to town-planning are not contained in this BUl? You are supposed to be talking to the BiU. Mrs CHAPMAN: They are part of this Bill. We might be the party of the future—we are not In the past—but we do not jump the gun that fast. My area does not have many problems about demoUtion work. Not much of that occurs in the Pine Rivers shire. However, from speaking to buUders In Brisbane, I understand that they can be delayed Inordinately by those who are determined to send broke the people whom they are supposed to be helping. I was told today that those Involved in the Industry will not sign anything or deal with any plans that have anything to do with heritage. How do we know what Is the real heritage? The radical set of people who call themselves greenies and protest about saving something that is not worth saving are not worth talking to. Opposition Members Interjected. 2524 5 April 1984 Building Act Amendment BiU

Mrs CHAPMAN: I invite members opposke to talk to builders, whom they ask to employ people. . Mr De Lacy: Do you believe in the preservation of our heritage? Mrs CHAPMAN: I believe In the people who know what herkage Is aU about. Mr De Lacy: Do you believe in it? Mrs CHAPMAN: Yes, but If the member for Cairns Is trying to con me Into believing that the old BeUevue, with all Its white ants, was worthy of a heritage listing. I am definitely against him. All the problems are created on the demolition side of the industry. If there were a Labor Government, those people outside would not even be in business today. There would be nobody to help them. They would have to sack all of their workers. No-one would be able to touch anything. There is much carrying-on about why demoUshers move In at midnight. How else would they do it? People stand In the way of bulldozers to prevent others from having a job. That is what Is happening. Applications of the different types covered by the BiU wiU be thoroughly scrutinised by a subcommittee. Approval will be granted only If the committee is satisfied that the variation of the by-laws Is warranted. In other words, the stmctural side of it and the health and safety of the occupants wUl not be a problem. Those who feel that they have been wronged have a right of appeal to the Local Government Court. If people are dissatisfied with any council decision, 9 times out of 10 they appeal to the Local Government Court. However, the Bill will enable people to get a more direct answer. It is time that those who borrow money at high rates of Interest were looked after. They cannot afford to wait while councils, which would sooner not make a decision, procrastinate. Mr Hamill: Councils are elected by the rate-payers. I hope you are not trying to take away the responsibility of the councils to their rate-payers. Mrs CHAPMAN: No, but a few of the councillors in the Pine Rivers shire could not make a decision In a fit. They are obviously the Labor members. They simply will not bite the bullet. The honourable member for Ipswich should have spent a little time In local government before he entered this place. That would have been of some help to him. I admit that in many cases local authorities are doing the right thing, but that Is not always the case. Many of the employees of local authorities, who have no cause to be worried about not being paid at the end of the week, sit back and delay people for a Uttle longer than necessary. That Is not right. The Bill wlU ensure that decisions are made within an appropriate period. Mr McELLIGOTT (TownsvUle) (2.47 p.m.): First of all, I should bring a little balance in to the dd>ate. The member for Pine Rivers cast aspersions on the efficiency of officers of local government throughout the State, and that ought to be viewed with concern. My experience has been that most local govemment officers are devoted professionals who do a very worthwhile job for the residents of the State. In his second-reading speech, the Minister acknowledged that In most casf^ the delays have not been caused by local government officers or, Indeed, by the elected members of local government. Certainly, delays do occur and the purpose of the Bill is to eliminate them and to speed up the necessary processes. I am sure that all honourable members support that proposal. The Minister referred to the controversies that have occurred over the years over the demolition of buildings. That was something of an understatement. In recent years, the demolition of buildings has caused tremendous controversy. It has not been limited to Brisbane; k has been the case throughout the State. Unfortunately, the amendments contained in the Bill wUl not end that controversy. In many ways the Bill will lay the blame squarely on the shoulders of local authorities without giving them any real power. As honourable members will be aware, a local authorky, in considering an appUcation for a building permit or a permit for demolition, has no power to act as long as the application complies with the Standard Building By-laws. Building Act Amendment BiU 5 April 1984 2525

I applaud the move In the Bill to clear up the confusion that has occurred when some have argued that a permk to erect a building has covered permission to demolish an existing buUding. The Opposition spokesman spoke at length about the need for herkage legislation. Hopefully, in the not too distant future, the Government wUl see fit to address Itself to that matter. As many honourable members have indicated, it is not easily resolved, but we should all accept the view that a good starting point would be, for the community. If it considers that a building or other structure is of historical Importance, to make some contribution through the three levels of government towards the preservation of that building. The Opposition accepts the need to protect the financial interests of the owner of any buUding of historical importance. As I said, the starting point In any heritage legislation is the acknowledgement that. If the community requires preservation of a buUding for historical purposes. It will have to make a contribution at some stage. As I mentioned, by Implication the BUl places on local authorities responsibility for the acceptance or rejection of demolitions. But, unfortunately, as we have seen In the past, under the principal Act, and still further under the amending legislation, the local authorities have no real power to act. I also express my concern at the change to permit variations to the Standard Building By-laws through planning and/or constmctlon. When I say that I am concemed, I am not necessarily objecting to the proposal, because I do understand the reasons for it; but it seems to me to be dangerous to take what obviously has been a problem in one or two Isolated cases and draw up amending legislation based on that experience. I am worried about precedents being established by variations of this type. As all honourable members know, following precedent can be very helpful, particularly in the legal field; but It can also be a dangerous practice. I can see a situation developing in which it wiU be very difficult to refuse applications for variations when similar applications have been approved in the past. I make the point that variations to the Standard Building By-laws should not be limited to major high-rise projects, which, obviously, they were designed to cover. Last night, my colleague the member for Cairns spoke to me about buUdings erected by people living an altematlve life-style at Kuranda. I am not talking about hippies; I am talking about people who have opted to live away from the city environment and have erected for themselves substantial residential structures which, although not complying with the Standard Building By-laws as written, provide an acceptable, safe and secure residence. It seems to me that variations to the Standard Building By-laws could well cover situations of that type. I also mention again the hoary old chestnut that the Crown Is not required to apply for local authority approval. Although the Crown is required to comply with the Standard Building By-laws, there has always been an argument about who actually ensures that compliance. I raise again the argument that went on for some months relative to the erection of a chimney structure at the TownsviUe General Hospital. One of the most Important questions in the whole of that debate was which authority, if any, would actuaUy certify that that stmcture would be safe. A structural engineer had designed the chimney structure and was responsible for its erection. It was that stmctural engineer who was reporting to the Townsville Hospitals Board as to its constmction and, presumably, its safety. Obviously, he was a biased party, and the people of Townsville simply would not accept his approval of the stmcture. The Townsville City Council, on behalf of the community, caUed on the Minister for Health to certify that it was safe and, of course, he refused to do so. Although a major structure was being erected that was causing concern to everybody In the vicinity, nobody had the responsibUity to actually inspect the structure and say that It was safe. I do applaud the move to give local authorities the power to make by-laws prescribing requirements for the construction of Qass I and Class X buildings. I note that that will, by amendment, apply not only to second-hand buUdings or buildings removed to a site but also to new buildings. It wlU permit the creation and retention of prestige areas within cities and towns, which has been the practice of a number of developers In the past, and is, I believe, to be encouraged. Obviously, people who live in those areas want their amenity preserved; but I should imagine that councils would have the right to retain areas of significant historical interest. 2526 5 April 1984 BuUding Act Amendment BIU

There certainly is a renewed interest these days in retaining some of the flavour of our past history. We can all think of areas In our communities that ought to be retained for that purpose, and I hope that the proposed amendment wiU give local authorities power to do that. It Is Interesting that previously under the Standard Building By-laws no account could be taken by the local authority of amenity or aesthetics and I think it Is a move In the right direction to bring that provision up to date. I did notice, when considering very quickly the amendment that has been circulated, that in a number of instances the reference to "other stmctures" Is omitted. I wcmder whether that takes power from the local authority to impose similar controls on other structures. That may be worth thinking about when that clause is dealt with. As was mentioned earlier by another member, a wave of anger and concern swept local authority areas when the Building Industry Complaints Tribunal was first announced. The local authorities contended that It represented a substantial erosion of their powers. Honourable members know that local authorities preserve their authority in their com­ munities very strongly. I recall that. In my maiden speech last November, I referred to the concern filtering through local authorities. The proposal today is watered down to provide that local authorities wlU make the final decision. Basically, I accept that there should be no unnecessary impediment to the granting of a building permit. Again, I accept the Minister's advice that the number of occasions on which delays occur is relatively few. Most local authorities, and certainly their professional officers, are very competent and process building permit applications with a minimum of delay. I accept also that local authorities have the wishes of their communities at heart. The most likely circumstance in which delays could occur Is when herkage preserva­ tion is involved. That Is why Opposition spokesmen have talked about the need for heritage legislation. I wonder how well the tribunal will work In practice. I do not know how many cases wUl be heard. I suspect that they wUl be few in number. It would be preferable for the developer or the applicant to continue negotiations with the local authority rather than seek the intervention of another organisation. I wonder about the time such an activity would Involve. In most instances, the Minister, given his usual persuasive powers, would be able to prevail on the local authority to make an early decision. Generally speaking, only controversial appUcations wUI go to the tribunal. In those circumstances, I wonder how helpful the tribunal will be. The Opposition acknowledges that the BiU does not now take from local authorities their power to decide appUcations for building approvals. The Opposition would have found it impossible to support the legislation had that not been the case. The Minister said that, if land is appropriately zoned, no delays should take place. The Opposition endorses that proposition. All members appreciate that development and progress mean jobs. I am sure that we are all concerned about there being no unnecessary delays. The honourable member for Pine Rivers spoke about rezoning. I do not know why appU­ cations for rezoning cannot be considered concurrently with appUcations for building permits. I think that is done in most local authorities. The Act presently allows local authorkies to issue an order requiring building works that are contrary to the Standard Building By-laws to be restored, renovated or improved to the stage where they comply with the requirements, or to be pulled down. In practice, local authorities generally are very reluctant to do that. Almost Invariably, those for whom a building that does not comply Is constructed are the battlers. It would be a heartless local authority that took living accommodation away from them. I doubt whether local authorities would be prepared, even under the proposed amendment, to impose such penalties. The penalty is $500 with an additional fine of $50 a day that the offence continues. Most local authorities wUl be reluctant to impose that penalty on the battlers about whom I have spoken. The imposition of Standard Building By-laws on some people wiU always be a problem and I am not sure that this legislation will solve it. Mr Lee: It wlU help. Building Act Amendment BUl 5 April 1984 2527

Mr McELLIGOTT: It may help. The problem could perhaps be overcome by variations to the by-laws. They could be amended in a commonsense way along the Unes that I have suggested. Mr Davis Interjected. Mr McELLIGOTT: That Is tme. I retum to the question of precedent. I sound a note of wammg. A crazy situation could occur If people are permitted to seek significant variations to the by-laws. They may be encouraged by the local authority to apply for a variation because the authority Is reluctant to Impose the penalties that wlU be introduced under this legislation. Mr CAHILL (Aspley) (3.1 p.m.): I support the Bill, as I think most honourable members do. The member for Port Curtis said that he was worried about the effect of the legislation on local government. With respect, I think that he is overreacting because It seems to me that the legislation provides a great deal of protection for local authorities. Nothing has been taken from them. At the beginning of his speech, the member for TownsviUe wondered whether the legislation protected local authorities enough, but It seemed to me—I hope that I have not misinterpreted what he said—^that he came round to thinking that the local authorities were not as badly off as he first thought. I agree with the member for Townsville that a commonsense approach Is needed, and I am sure that all honourable members agree with that. Because there Is much variation between the Building Act and the Standard BuUding By-laws, this amending legislation has been drafted with a commonsense and united approach. I wish especially to talk about the rights of local authorities, people dissatisfied with local authorities, and builders. Those rights are embodied in the Bill, and the principal Act provides that rights of objection are available to a person who Is dissatisfied with the decision of a local authority about the carrying out of building work, and that is how it should be. Building work In that context includes demolition. Mr Lee: That right of appeal is a very Important part of the BiU. Mr CAHILL: As the member for Yeronga rightly said, it Is a very Important part of the legislation. Section 12A of the principal Act provides for the constitution of a By-laws Variation Subcommittee. The function of that committee is to determine variations of the Standard Building By-laws In relation to the carrying out of building work. The member for TownsviUe spoke about some of the structures at Kuranda; but he said that he was talking not about the hippie colony there, as It Is sometimes called, but about the alternative life-style that some people prefer. Unless I have misread the BiU, or unless I am reading Into it something that is not there, it seems to me that it protects people who have put up a structure that does not conform to the by-laws. The Minister, in his second-reading speech, referred to the design or construction of a building in a manner— ". . that does not conform exactly to the requirements of the Standard Building By-laws but would nevertheless result in the erection of a sound and safe building at a lower cost." To meet the situation, the Bill provides that an applicant for approval may apply for a variation of the by-laws. The appUcant wUl have the right to ask for a different style of structure or for a variation to the by-laws, provided the structure is reasonably sound and provided the variation, in turn, does not affect adversely the structural stability of the building. One of the members of the By-laws Variation Subcommittee is a representative of the local authorities who Is nominated by the Local Govemment Association. The local authorities make their own choice about their representative on the subcommittee. I should imagine that the Local Government Association knows the right person to put on the subcommittee. The appointment is made not by the Minister but by that association. Mr Shaw: One of these days I wUl teU you about the gerrymander that <^rates there, too. 2528 5 AprU 1984 BuUding Act Amendment BUl

Mr CAHILL: We do not want any further variatl

land and submits a building application that complies with the requirements of the BuUding Act and the Standard Building By-laws, he should be entitled to receive a building permk without undue delay. The Bill will not prevent a person who desires to develop land from seeking town-planning approval and buUding approval concurrently. It Is recognised that In certain cases a buUding approval should not be granted until town-planning approval has been obtained because the town-planning approval could affect the positioning of the buUding on the subject land. However, in the great majority of cases a developer would not be pushing for the Issue of a building permit before he had obtained authority under a town plan to use the land for a particular purpose. The Government's Intention is that the town-planning legislation and the building legislation should be administered by local authoritites In such a manner that development applications that conform with local authority requirements and the requirements of legislation should be processed as speedily as ix)ssible. Honourable members will be fuUy aware of the high interest charges that are applicable on development finance, and any action that can be taken to speed up the processing of ai^lications by local authorities has much to commend in. As I mentioned in my second-reading speech, the Building Industry Complaints Tribunal wiU have local authority and professional representation thereon and will deal only with delays by local authorities in dealing with building applications. In no case wUl the tribunal be able to decide an application for a building approval. That will continue to be a local government function. The honourable member for Wynnum mentioned also that this legislation will tend to undermine the preservation of heritage buildings by simplifying demolition processes. This is not so. Under the Standard Building By-laws as presently drafted, a person desirous of demolishing a buUding has to make application to the local authority for its approval. That is necessary in the interests of the owners of adjoining buildings and In the interest of public safety. The problem is that, although the Standard Building By-laws cover the carrying out of building demolition work, the Act is deficient in that it deals only with the erection of buildings. The Act does not deal with demolitions. There Is a need to clarify that, and the Bill Is designed to do that. The member for Wynnum raised the question of heritage legislation. That Is a separate issue and is not dealt with in the Building Act or the Standard Building By-laws, which deal with the nuts and bolts aspect of building work. The preservation of heritage buildings is a matter for special legislation, and the Government is giving consideration to such legislation at present. The member for Mackay raised a particular building matter In the city of Mackay. As far as I am aware, my department has no official knowledge of that matter, but I understand that the building work concemed the rebuilding of a building that had been partly demoUshed. In the rebuilding the new stmcture was erected more closely to the side boundary of the allotment than Is usually fixed by the Standard Building By-laws. However, the by-laws vest the local authority with the power to relax these requirements in special circumstances, and I understand that the Mackay City Council exercised Its discretion in the case referred to by the honourable member. The member for Port Curtis asked whether the proposed legislation was discussed with the Local Govemment Association. That was done. The Director of Local Govern­ ment and I held discussions on these proposals with the president of the association and also with the full executive of the association. The member for Pine Rivers, a person very experienced in local govemment admin­ istration, spoke In support of the BiU and pointed out the benefits to be gained from the provisions establishing the Building Industry Complaints Tribunal. The estabUshment of the tribunal is designed, of course, to speed up the processing of building applications without Interfering with the appropriate responsibUities of local authorities. I thank the honourable member for her contribution to the debate. The member for Townsville (Mr McEUigott) also referred to these sections, and I trust that any fears he may have had on the matter have now been weU and tmly allayed. 2530 5 AprU 1984 Building Act Amendment BUI

I thank the member for Aspley, who has just resumed his seat, for making such a long and well-thought-out contribution. I appreciate very much the contributions made by all honourable members. Motion (Mr Hinze) agreed to. Committee Mr Randell (Mirani) In the chair; Hon. R. J. Hinze (South Coast—^Minister for Local Government, Main Roads and Racing) In charge of the BiU. Qauses 1 to 4, as read, agreed to. Qause 5—Amendment of s. 5; Interpretation— Mr SHAW (3.18 p.m.): The Opposition is opposed to the principle of making It easier for wreckers to move in and demolish a building of significance before sufficient time has elapsed to properly consider whether or not It ought to be preserved. The right appears In several clauses In the BiU. We have chosen to oppose this clause. It being the first In which the provision appears. We wlU not prolong the debate by raising the matter over and over again—^It would be foolish to do so—^but I make It clear that we are opposed to the principle. I point out that the Opposition Is not oi>posed to bringing demolitions under the control of the by-laws. We agree that they should be controlled by the by-laws. We would not want them to be excluded completely from all control. However, at this stage, we want them excluded from the right of appeal to the tribunal. If the heritage legislation that the Minister has spoken about had been Introduced prior to this, we would support the clause. The fact Is that, to date, nothing has happened. As nothing has been done on the positive side. It seems to be totally wrong to be doing something that is very much on the negative side. In his reply, the Minister really bore out the fears of the Opposition. He said that heritage had nothing to do with the Building Act, that the legislation was a matter of tidying up the nuts and bolts and getting on with the job. That is quite true, but It is just as true to say that the only way those concemed can make any judgment on whether or not the appUcant Is justified is under the provisions of the Building Act, which takes no cognisance whatsoever of the significance of the buUding. The aim of the BIU is to speed up the demolition of buildings. Unlike a building application, a demolition permit Is usually issued on the same day as the application. A person can go to a councU, pay his money and walk out with his demolition permit because the only things to be taken Into consideration are such things as making safe the gas and electricity mains and sealing the sewerage where it has been broken Into. Provided those things have been done, a person can get his permit and demolish the building. The only demolitions that will be held up relate to buildings for which the Opposition has some concern, that Is those with some historical significance. If the Minister could state that the tribunal wUl be empowered to make some sort of judgment on whether there should be a delay in Issuing the permit for demoUtion because a building has some historical Importance, the Opposition's fears would be removed and I would have no need to move the amendment that I intended to move at the end of my speech. What wiU happen is that people who wish to demoUsh a buUding of historical significance wUl apply to the relevant council for a permit to demolish. Forgetting the issue that I raised previously about the bans Imposed by the buUding Inspectors in Brisbane, if the councU holds the opinion that the building is significant and should not be demolished until all those questions that I mentioned previously have been asked and answered, it will not issue the permit. When the 40 days elapses, the applicant wiU take his case to the tribunal, which wiU be able to look only at the conditions of the Building Act. The tribunal wUl be satisfied that all those petty things such as the sewerage mains have been attended to and it wUl Issue an instruction to the council to Issue a demolition permk. The council wUl probably refuse permission. The applicant will then go to appeal where, once again, the only Issues that wUl be taken into consideration are the conditions of the BuUding Act. As I said. If the Minister could tell me that the Intention of the Bill Is not aimed at historical buildings and that the Government will introduce legislation to ensure that the tribunal Is able to take Into conslderaion the fact that a building has historical Building Act Amendment BUl 5 April 1984 2531 significance, that would completely lay the fears of the OpposUion to rest. However, k seems to the Opposition that the Bill is aimed specifically at overcoming the problems encountered by the Deen brothers and others iUegally demolishing buildings at night. The BiU will provide a fairly speedy means by which demoUshers can obtain a quick permit to carry out demolition. I therefore move the following amendment— "At page 3, line 27, omit the words— 'or demoUtion of." I move that amendment so that, for the time being, the right of appeal for demolitions only, will be removed. Mr HINZE: The Government cannot accept the amendment. As I have said previously, the definition of "building work" in the Bill is similar to the definition in the Standard Building By-laws. I take the honourable member's point—and I believe that he is right—^that had heritage legislation been introduced before now the Opposition would have taken a different stand In this regard. However, that was not to be, and time does not permit the Introduction of a heritage Bill In this session. But another Minister and I are working on such legislation and we are a little disappointed that we do not have that heritage legislation. Be that as it may, if the word "demolition" Is removed, the demoUtion of buUdings would not be subject to a local authority approval. In the Interests of adjoining land-owners and public safety, the demolition of buildings has to be controUed, and accordingly the Government cannot accept the amendment. I say again that the honourable member appears to think that the Bill will facilitate the demoUtion of heritage buUdings. That Is not the case. The honourable member wants me to give him an assurance which I am not in a position to give. The Building Act deals with the nuts and bolts aspects of buUding. Heritage Is a matter for separate legislation. I have already commented on It, and legislation Is currently under consideration by the Government. Question—^That the words proposed to be omitted from clause 5 (Mr Shaw's amend­ ment) stand part of the clause—put; and the Committee divided— Ayes, 44 Ahern Henderson Newton Alison Hinze PoweU Austin Jennings Row Bailey Katter Simpson Bjelke-Petersen Kaus Stephan Booth Knox Stoneman Borbidge Lane Tenni CahUl Lee Turner Chapman Lester Wharton Elliott Lingard White FitzGerald Littleproud Gibbs, I. J. McKechnie Glasson McPhie Tellers: Goleby Menzel Gunn Miller Cooper Harvey Muntz Neal Noes, 26 Campbell McEUigott Veivers Casey McLean Warburton Cbmben MiUiner Warner, A. M. Davis Prest Wright De Lacy Price Eaton Scott Fouras Shaw Tellers: Gibbs, R. J. Smith Goss Underwood Bums Mackenroth Vaughan HamUl Resolved in the affirmative. 2532 5 April 1984 Bulldmg Act Amendment BiU

Qause 5, as read, agreed to. Qause 6, as read, agreed to. Qause 7—New s. 11 A; By-laws prescribing requirements as to erection of buildings or other structures previously erected on another site— Mr HINZE (3.36 p.m.): I move the foUowmg amendments— "At page 4, omk all words from and mcludlng * "11 A. By-laws' to and mcludlng the words 'on other land.' in line 14 and substitute the followmg words— •"11 A. By-laws prescribing requirements as to erection of buildings of Class I and X under Standard Bulldmg By-laws. (1) (a) Notwkhstandmg the provlsk>ns of section 11 a Local Authority shall have the power to make a by-law pursuant to the Local Government Act 1936-1983 prescribing requirements in relation to the erection on land of a building of Qass I or X as classified by By-law 6.1 of the Standard BuUding By-laws. (b) A by-law referred to In paragraph (a) may prescribe differing requirements in respect of different parts of the Area. (c) (1) Before submitting a by-law referred to In paragraph (a) for the consideration of the Govemor in Council pursuant to section 31 (27) of the Local Government Act 1936-1983, the Minister shall refer to the Committee and to the Minister for Works and Housing for their representations a copy of the by-law, together with all objections duly lodged to the making of the by-law and the representations of the Local Authorky on such objections. (U) When considering a by-law referred to in paragraph (a), the Governor in Council shall take account of the representations

Mr HINZE (3.43 p.m.): I move the foUowing amendment— "At page 14, lines 34 and 35, omit the words— 'or other stmcture that was previously erected on other land' and substitute the words— 'of Class I or X as classified by By-law 6.1 of the Standard Building By-laws'." This amendment is consequential on the amendment to clause 7, to which I have previously referred. Qause 28 provides that an applicant to a local authority for approval to re-erect a second-hand building may appeal to the Local Government Court where he is dissatisfied with the local authority's decision on his application where that decision is based on amenity or aesthetic requirements prescribed by a by-law. As I have previously mentioned, clause 27 has been widened to empower a local authority to make a by-law prescribing amenity or aesthetic requirements for class I and class X buildings, which are dwelUng-houses and outbuildings. Accordingly, it Is necessary to widen the appeal provisions of clause 28 to enable a person who is dissatisfied with a decision of a local authority on an application to erect a class I or class X building to appeal to the Local Government Court where the application Is rejected on amenity or aesthetic grounds. Amendment (Mr Hinze) agreed to. Qause 28, as amended, agreed to. Qauses 29 to 35, as read, agreed to. Bill reported, with amendments.

Third Reading Bill, on motion of Mr Hinze, by leave, read a third time.

MINISTERIAL STATEMENT Question by Leader of the Opposition on In-line Machines Hon. W. H. GLASSON (Gregory—Minister for Lands, Forestry and Police) (3.46 p.m.), by leave: I wish to make a brief statement to correct any suggestion that I may have Intended in any way to mislead members of this Assembly who were present In the House this morning when, in replying to a question from the Leader of the Opposition as to whether I had been approached by the Minister for Justice and Attorney-General in relation to an investigation into accusations made about In-line machines and accusations made against Mr Rooklyn, I answered in the negative. I said that although I had not been approached by the Minister for Justice and Attorney-General, direct negotiations may have have taken place between the Minister for Justice and Attorney-General and the office of the Commissioner of Police. I was advised that a letter received at my office on 30 April had been b/c'd to the office of the Commissioner of Police on 4 April 1984 by my secretary. The letter from the Minister for Justice and Attorney-General states— "Dear Mr Glasson, As you wiU be aware, Mr W. K. Goss, Member for SaUsbury, tabled in Parliament on 28th March, 1984 three documents relating to clubs and in-lme machines. One of such documents is a Statutory Declaration by Desmond Victor Welk, of 120 Camooweal Street, Mt Isa in which he makes certain allegations of threats, wilful damage and assault, and refers to the police. As the allegations appear to be a matter for Investigation by the Commissioner of Police, I am attaching hereto a copy of such Statutory Declaration for appropriate action. Yours faithfully, N. J. HARPER, Minister for Justice and Attorney-General." 62188—88 2534 5 April 1984 Golden Casket Art Union Act and Another Act Amendment Bill

It was not my intention to mislead the House. The Leader of the Opposition asked me whether I would instigate an investigation. I answered In the negative. Honourable members are aware that this morning the microphones were not operating In this Chamber. My interpretation of his question was, "Have you Instigated action In relation to an investigation?" As I have said, I answered in the negative.

PRIVILEGE In-line Machines Mr WRIGHT (Rockhampton—Leader of the Opposition) (4.49 p.m.): Under Standing Order No. 115, I rise on a point of privilege. The Opposition welcomes the action taken by the Minister In rectifying the situation. I am sure that he is one Minister who would never mislead the House or members of this Assembly. I cast no aspersions on the Minister. He said in his statement that the letter was dated 30 April. Mr Glasson: 30 March. Mr WRIGHT: That needs to be rectified as well. The Minister's action and his initiative Is a far cry from the stone-walling, abrasive actions of the Minister for Justice and Attorney-General. I want It made clear now whether or not the Minister intends to initiate a full Inquiry into not only those statutory declarations but also all the ramifications of the aUegations that have been put forward by the Opposition, and in particular by the member for Salisbury. I ask the Minister whether he intends to initiate a full investigation. Mr GLASSON: I was speaking to the office of the Commissioner of Police after lunch today. The statutory declarations are being Investigated Mr Wright: All the documents tabled? Mr GLASSON: Yes, certainly. I give that assurance. Mr DEPUTY SPEAKER (Mr Booth): AUhough I allowed the question, I do not think that it should be allowed under Standing Orders. I will not allow any further questions.

GOLDEN CASKET ART UNION ACT AND ANOTHER ACT AMENDMENT BILL Hon. W. A. M. GUNN (Somerset—Deputy Premier and Minister Assisting the Treasurer), by leave, without notice: I move— "That leave be given to bring in a Bill to amend the Golden Casket Art Union Act 1978-1981 and the Art Unions and Amusements Act 1976-1981 each In certain particulars." Motion agreed to. First Reading Bill presented and, on motion of Mr Gunn, read a first time.

Second Reading Hon. W. A. M. GUNN (Somerset—^Deputy Premier and Minister Assisting the Treasurer) (3.51 p.m.): I move— "That the Bill be now read a second time." Honourable members wUl, of course, be aware that the Government has given approval for the conduct of an Instant casket game In Queensland. The purpose of these amendments is merely to remove any ambiguity that may exist in the present Golden Casket legislation so that there can be no doubt that the Golden Casket Art Union Office has power under the Golden Casket Art Union Act 1978 to operate instant casket In this State. Accordingly, the definition of "art union" has been clarified to make It quite clear that, for the purposes of the Act, Instant casket Is an art union in the same way as Is the conventional Golden Casket. A definition of "ticket" has been inserted In the Act along similar lines to the manner in which that term is defined in the Art Unions and Amusements Act 1976-1984. Consistent with this desire to remove any doubt as to the legality of the Golden Casket Art Beach Protection Act and Another Act Amendment Bill 5 April 1984 2535

Union Office operating instant games, a new section 13A is proposed, which simply confirms that the office can conduct art unions where disposal and distribution of the prize is deter­ mined other than by lot or drawing. The other changes are purely mechanical. The Government considers that games of the instant cash type are in demand, as evidenced by the current spate of such games operated by various sections of the media. The instant casket will satisfy this demand. I might add that this is an Australia-wide interest reflected in the fact that, for the year ended 30 June 1983, total sales of instant lotteries reached $261.3m. In Queensland it is conservatively estimated that total sales in the first year will be of the order of $75m, from which the revenue returns to the Government wiU be at least 25 per cent. Although the final details of the game have yet to be determined, the Government is working on the basis of a 1 July start. It is also the intention, in line with this Government's policy of ensuring the best possible deal for the public in lotteries of this nature, that the prize distribution—that is, the money being returned to the players—will be 60 per cent of subscriptions. The Government will also be guaranteeing the largest possible number of prize-winners. To this end, we would be looking at in excess of something like 75,000 prize­ winners for every game of 500 000 tickets sold. While the conventional Golden Casket has served this State well for many years in providing funds to benefit the community generally, the Government feels that it Is necessary to boost this revenue to continue these good works and particularly to meet the costs of developing and operating significant cultural projects. The instant casket is expected to achieve this objective and I commend the Bill to the House. Debate, on motion of Mr Warburton, adjourned.

BEACH PROTECTION ACT AND ANOTHER ACT AMENDMENT BILL Hon. J. P. GOLEBY (Redlands—Minister for Water Resources and Maritime Services), by leave, without notice: I move— "That leave be given to bring In a Bill to amend the Beach Protection Act 1968-1974 and the Canals Act 1958-1979 each in certain particulars." Motion agreed to. First Reading Bill presented and, on motion of Mr Goleby, read a first time. Second Reading Hon. J. P. GOLEBY (Redlands—Minister for Water Resources and Maritime Services) (3.55 p.m.): I move— "That the BUl be now read a second time." Queensland has been endowed with magnificent sandy beaches and a cUmate which makes them an all-year-round attraction. It Is because of Queensland's beaches and favour­ able cUmate that the tourist Industry is one of Queensland's largest revenue-earners. By comparison with other places In the world, Queensland is fortunate to have beaches which provide such wide recreational opportunities and at the same time constitute a major natural asset. Beach protection has become an Important issue In the management of the State's resources and is worthy of the concern of all Queenslanders. The Beach Protection Act arose out of the crisis of beach erosion at the Gold Coast In the 19505 and early 1960s. In 1964 the Queensland Government, acting on the advice of the then Co-ordinator-General, commissioned the Delft Hydraulics Laboratory, The Netherlands, to examine the beach erosion problems in relaticm to the city of Gold Coast beaches, to recommend a program of beach movement Investigations for the design and execution of such protective works as may be required, and to advise on the establishment of a Govemment body to be responsible for beach protection In Queensland. Drawing upon experience in the United States, Denmark and HoUand, the DeUt HydrauUcs Laboratory recommended that a State Govemment body be established for the purpose of investigating coastal protection problems and with the power to administer control over all aspects of beach protection. After receipt of the report in 1965, legislation was passed for the protection of the State's beaches. The BiU had a smooth passage through the House, received assent on 17 April 1968, and came into force on 1 July 1968. 2536 5 April 1984 Beach Protection Act and Another Act Amendment Bill

Queensland was the first State to pass special legislation for the protection of its beaches and it is still the only State which has established a Government body specifically for the purpose of investigating beach processes and passing this knowledge on to local authorities. State Government departments and other Interested bodies. The role of the Beach Protection Authority is essentially an investigation and advisory body. It investigates the erosion problems along the Queensland coastline and provides advice on dealing with these problems to the relevant local authorities. During the past Hi years the authority has pursued a vigorous program of collecting and analysing data on the way Queensland's beaches behave. For the current financial year, the Queensland Govem­ ment has aUocated $1,692,000 to the authority to carry out its role. The collection and analysis of data relating to the coastal environment Is an extremely important part of the authority's operations. The data bank held by the authority Is one of the most comprehensive of its type in Australia, with many records extending back over 15 or more years. The avaUablUty of such high-quality data is essential to the authority's investigation and advisory program, as well as being in demand for the design of coastal facilities such as mineral export ports and smaU craft harbours. A network of 20 storm surge recorders Is operated by the authority. These recorders are distributed along the Queensland coastline and are designed to record abnormal water levels associated with tropical cyclones. Each recorder has a direct telephone interrogation system and this facility is made available to the Bureau of Meteorology and the State Emergency Service for use during cyclone occurrence. Vertical aerial photography of Queensland's coastline from the Gold Coast to Cooktown has been carried out repetitively by the authority since 1973. Each year one of four sections of the coast is photographed, yielding a continuous strip of colour photographs which are used by the authority's officers in assessing the behaviour of the beaches and dunes. The authority conducts recording of waves at 11 sites located at Weipa, Cairns, Bramston Beach, TownsvUle, Bowen, Hay Point, Mackay, Abbot Point, Burnett Heads, Hervey Bay and Brisbane. The data which is collected is subsequently analysed and published, and is used extensively in the design of coastal development projects. In addition to the authority's comprehensive investigation program, there has been established a volunteer coastal observation program in which members of the public collect data on beach conditions in their local area. This project was named the Coastal Observation Program Engineering and given the acronym COPK The program has now been operating for more than 10 years and has provided a great deal of valuable and often used data on coastal behaviour at many of Queensland's beaches. On average, just under 40 COPE stations are in operation. To enable the authority to provide advice on dune management to local authorities, other organisations and the public, the authority is continuing to Implement Its broadly based research program and is carrying out field experiments at the research station near Currlgee on South Stradbroke Island and at field trial areas between the Gold Coast and Cairns. The results are being used in the authority's advisory programs, which are specifically aimed at improved beach protection management of coastal sand dunes In Queensland, and are being progressively Incorporated into advisory publications on dune management. Coastal engineering and dune management are highly specialised fields, and advice in these areas is regularly required by local authorities. State Government departments and other organisations. In providing this advice, the engineers and agricultural scientists of the Beach Protection Branch of the Department of Harbours and Marine have made visits to all local authority areas from the Gold Coast to the Douglas shire to examine particular erosion problems and also to discuss beach protection matters with local authority representatives. The advice which has been provided covers a wide range of topics Including coastal processes, buffer areas and building set-back requirements, storm surges and wave behaviour, dune stablisation and beach restoration and protection. The authority has noted that although most coastal local authorities are not in a position to allocate sufficient funds to implement major beach restoration projects in accordance with the authority's recommendaions, they do appreciate the need for the establishment of buffer areas and for the location of all new buildings to be kept, as far as practicable, out of areas susceptible to erosion by tidal water. The authority's Beach Protection Act and Another Act Amendment BiU 5 April 1984 2537

advice has been sought for town-planning purposes and formulation of coastal management policies. It is important to note that the Implementation of any beach protection works Is a local authority responsibility subject, of course, to a subsidy payment of 25 per cent from the State Government for approved works. All people who live along the coastline must be fully aware that the protection of property from erosion is a matter for the individual land-owner concerned. State Govern­ ment funds are not available either In the form of loans or grants or subsidies for the protection of private property from erosion. In all Its dealings with local authorities, Govemment departments, statutory bodies and members of the public, one point has come through loud and clear to the authority. That Is there Is great scope for assisting with beach protection through implementation of a public education program. Over the years the authority has pursued a highly effective program of public education on beach protection. It has done this mainly through distribution of newsletters, brochures and advisory leaflets and has commissioned two additional films based on Its comprehensive investigations Into the beaches at Capricorn coast and at Noosa. There is substantial evidence to show that this program Is well received. Teaching staff from numerous educational institutions have written to the authority asking for more information on beach processes and commending the authority on the usefulness of its publications as a teaching medium. It is pleasing to note that the matter of beach protection is receiving some prominence In the class-rooms of this State and that our young beach- users are aware of the principles to be observed for the safeguarding of our beaches. The authority regards its educational role as an essential part of its total charter and wlU continue to provide educational material for all those institutions and other interested bodies. The main provisions of this Bill provide for the disbandment of the Beach Protection Advisory Board, extend the powers of the Beach Protection Authority in certain directions, streamline the method of dealing with building applications in respect of land situated In a coastal management control district and transfer to local authorities the power to control certain activities by the public on unoccupied Crown land situated In a district or an erosion-prone area. I shall now deal with the Bill in detail. The present Act provides for the establish­ ment of a Beach Protection Authority and a Beach Protection Advisory Board and confers and Imposes upon each of them certain functions and powers. At the time the Beach Protection Act was passed in 1968 the remedial works necessary for the proper protection of beaches was really a new field in Queensland and it was necessary to constitute a Beach Protection Advisory Board with wide representation to provide advice to the Beach Protection Authority in the carrying out of the authority's functions. As information has been acquired by the authority from various investigations over the years and a policy of beach management has been firmly established, the role of the advisory board has diminished and it is considered no longer necessary to retain such an organisation. Accordingly, the Bill provides for the disbandment of the advisory board. The authority consists of representatives of five State Government departments and one local government representative. The advisory board has six State Govemment department representatives, five local government representatives, a representative of the University of Queensland, a representative of the Mineral Sands Producers' Association and also a nominee of the Minister, Coastal local authorities have, and wiU play, a major role in coastal management and, with the dLsbandment of the advisory board, provision has been made in the Bill for an Increase from one to four of local authority representation on the authority in order to maintain a reasonable level of local authority representation in beach protection affairs. The local authority representatives are nominated by the Local Government Association of Queensland. As the development of Queensland takes place the need arises for the Government to acquire basic data on the hydraulic processes taking place within aU waters of the coastal zone. The Beach Protection Authority is the most appropriate organisation to carry out this work. The functions and powers of the authority relate to waters of the 2538 5 April 1984 Beach Protection Act and Another Act Amendment Bill coast and, under the present definition of the term "coast", the authority's jurisdiction is to the extent of 400 metres above high-water mark of the main sea and land below that high-water mark. The Bill redefines the term "coast" as referring to any tidal water in lieu of the main sea which in effect empowers the authority to also carry out investigations and prepare coastal management plans in respect of lands adjacent to bays and estuaries and other types of coastUne sheltered from the main sea to the extent of 4(H) metres above high-water mark of the tidal water and land below that high-water mark. Under the present Act, beach protection schemes prepared by the Beach Protection Authority are open to public inspection and objections may be lodged to the scheme. In future, these schemes will be known as coastal management plans. They will specify in general terms the future preferred works, activities, maintenance and other matters considered by the authority to be necessary or expedient to protect the amenity of the coast and to minimise damage to property from erosion or encroachment by tidal water. These plans will also be open to public inspection and objections, and the plans are required to be approved by the Governor in Council, who also considers any objections which may be lodged thereto. Over past years the authority has adopted a poUcy of preparing plans showing the width of the coastline which, in the opinion of the authority, may be subject to erosion or encroachment by tidal water within the next 50 years. Local authorities have been furnished with copies of these plans and requested to give consideration to these plans in the preparation of town-planning schemes so as to limit development in such erosion prone areas. Provision has been made in the BIU for these plans to receive statutory recognition as erosion prone area plans and for local authorities to keep these plans permanently open for public inspection at the local authority offices. The Bill requires local authorities to obtain the views of the Beach Protection Authority prior to a local authority applying for the Governor in Council's approval of a town- planning scheme or amendment to an existing town-planning scheme in respect of land situated in a coastal management control district or in an erosion prone area. Under the present Act the authority may direct a local authority to serve on the owner of land situated in a beach erosion control district a notice requiring him to take certain action to protect his land from wind erosion, that is, the planting of vegetation. The Bill empowers the local authority to serve such a notice in respect of land situated in a coastal management control district on its own volition or If directed by the authority to do so. The authority is empowered by the present Act to exercise certain controls, most Importantly over the erection of buildings including domestic dwellings, and over sub­ division of land within gazetted beach erosion control districts. The Bill transfers from the Beach Protection Authority the final decision-making power in respect of buildings, the opening of roads and the subdivision of land and places such power in the hands of the Governor in Council, leaving the authority to function in an advisory role to the Government. The present Act requires the approval of the Beach Protection Authority in respect of all buildings to be constructed in a beach erosion control district. This Bill, however, provides that the building applications to be considered by the Govemor In Council will be only for those buildings that require the consent of the local authority under Its town-planning scheme or Interim development t^-law. The approval of the Governor in Council will not be required for buildings known as "as of right uses" under a town-planning scheme. An example of an "as of right use" is the erection of a domestic dwelling in a residential zone that aUows the use of land for such dwelUngs without the special consent of the local authority. All buildings including "as of right buildings" are subject to the Standard Building By-laws administered by local authorities and the Bill provides for the making of reg­ ulations in respect of buildings generally. These regulations, which will deal with the coastal management aspect such as set-back requirements for buildings, will be incorporated with, and read as one with, the Standard Building By-laws and will be administered by the local authority. The local authority and the Govemor In Council will, accordingly, be adopting the same approach to the construction of buildings. Only buildings that are Anzac Day Act Amendment Bill 5 April 1984 2539 subject to the special consent of the local authority under its town-planning scheme or Interim development by-law will also require the approval of the Governor In Council. All buUdings, including "as of right" buildings, will be subject to the Standard BuUding By-laws, which by the making of regulations, will incorporate requirements from the aspect of coastal management. In relation to subdivision of land applications, the Govemor in Council Is empowered under the Bill to impose a condition that requires the applicant to surrender to the Crown certain land In the subdivision. This power is necessary to ensure. In certain types of developments, that a sufficient buffer area of vacant Crown land exists between the development and the tidal water. The bill transfers from the Beach Protection Authority to local authorities the power to grant or refuse permits for the purpose of controUing certain activities on any unoccupied Crown land in an erosion prone area. The activities Included are the depasturing of stock, damaging vegetation and Interfering with protective works. The transfer of these regulatory controls to local authorities Is considered proper, as local authorities, having officers on the spot, are in a more appropriate position to exercise control over these activities. As penalities for offences against the Act had not been amended since 1968, the Bill increases the penalties by five times and the general penalty is increased from $300 to $1,500. The requirement for laying Orders in Council before the Legislative Assembly Is brought into Une with simUar provisions in recent Acts. The authority's annual report is now required to include the authority's annual statements of account. Finally, the Bill amends the Canals Act in relation to applications to construct canals. Under the Act, appUcations for provisional approval to construct a canal are made to the Marine Board and approval of the application is a matter for the Governor in Council. The Bill requires the appUcation to be made to the director of the Department of Harbours and Marine. He Is required by the Bill to refer a copy of the appUcation to not only the Marine Board for Its views as to the effects (if any) that the constmctlon of the canal Is likely to have in regard to navigation In the locality concerned—which Is the present procedure—but also to the Beach Protection Authority for Its views as to the effects (if any) that the construction of the canal is likely to have in regard to coastal management. The final decision-making power In respect of canal applications still rests with the Govemor In Council. The Bill also deals with the laying of Orders In Council made under the Canals Act before the Legislative Assembly by bringing the requirement into line with similar provisions In recent Acts. I commend the Bill to the House. Debate, on motion of Mr Eaton, adjourned.

ANZAC DAY ACT AMENDMENT BILL Hon. V. P. LESTER (Peak Downs—Minister for Employment and Industrial Affairs), by leave, without notice: I move— "That leave be given to bring in a Bill to amend the Anzac Day Act 1921-1981 In a certain particular." Motion agreed to. First Reading Bill presented and, on motion of Mr Lester, read a first time. Second Reading Hon. V. P. LESTER (Peak Downs—^Minister for Employment and Industrial Affairs) (4.16 p.m.): I move— "That the Bill be now read a second time." In 1965, following an amendment to the Anzac Day Act, the Anzac Day Trust was established. The purpose of the trust is to disburse among Institutions, organisations and associations which provide financial assistance and relief to aged or needy ex-servicemen and women and their dependants, moneys received by it. 2540 10 April 1984 Rules of Parliamentary Procedure

Since its inception, the trust has distributed over $2.4m to various ex-service organisations. Applications for grants are received by the trust on an annual basis and disbursements are made at the end of each financial year. The principal income of the trust is derived from the payment of a percentage of licensed victuallers' fees and book-makers and totalisator takings at race-meetings on Anzac Day. In addition, funds are received through an annual appeal for donations. For some years now, the trust has adopted the procedure of placing moneys held by It In secure short-term investments. Such funds must, of course, be avaUable for distribution in July each year, when, as a general rule, all funds standing to the credit of the trust are disbursed. In fact, interest earned in this regard has been considerable. In 1982-83, it amounted to $14,783. Advice now received indicates there is no specific provision in the Anzac Day Act authorising the trust to invest moneys received by It In other than a bank account. Accordingly, the purpose of this Bill is to make provision for the investment in Treasury-approved investments, such as bank-guaranteed interest-bearing deposits. Com­ monwealth securities, etc, of moneys held in the Anzac Day Trust Fund. This wiU enable the trust to take advantage of these higher interest-bearing investments. I therefore commend the Bill to honourable members. Debate, on motion of Mr Burns, adjourned. The House adjourned at 4.19 p.m.