VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

FIFTY-FIRST PARLIAMENT

SPRING SESSION 1990

Legislative Council

VOL. 399

[From 28 August 1990 to 30 October 1990}

MELBOURNE: L. V. NORTH, GOVERNMENT PRINTER

The Governor

His Excellency the Reverend DR JOHN DAVIS McCAUGHEY, AC

The Lieutenant-Governor

The Honourable SIR JOHN McINTOSH YOUNG, AC, KCMG

The Ministry [As FROM 10 AUGUST 1990] Premier, and Minister for Ethnic Affairs The Hon. J. E. Kirner, AM, MP Deputy Premier, Attorney-General, and The Hon. J. H. Kennan, QC, MP Minister for the Arts Minister for Industry and Economic The Hon. D. R. White, MLC Planning, and Minister for Major Projects Minister for Health The Hon. C. J. Hogg, MLC Minister for Property and Services The Hon. I. M. J. Baker, MP Minister for Tourism, and Minister for The Hon. S. M. Crabb, MP Conservation and Environment Minister for Local Government .. The Hon. M. A. Lyster, MLC Minister for Planning and Urban The Hon. Andrew McCutcheon, MP Growth Minister for Consumer Affairs, Minister The Hon. B. W. Mier, MLC for Prices, and Minister for Aboriginal Affairs Minister for Labour The Hon. N. A. Pope, MP Minister for Education The Hon. B. T. Pullen, MLC Treasurer The Hon. T. W. Roper, MP Minister for Agriculture and Rural Affairs The Hon. B. J. Rowe, MP Minister for Police and Emergency The Hon. M. J. Sandon, MP Services, and Minister for Corrections Minister for Community Services The Hon. K. P. Setches, MP Minister for Housing and Construction The Hon. A. J. Sheehan, MP Minister for Transport The Hon. P. C. Spyker, MP Minister for Sport and Recreation The Hon. N. B. Trezise, MP Parliamentary Secretary of the Cabinet The Hon. R. A. Jolly, MP

FIFTY -FIRST PARLIAMENT-FIRST SESSION

Members of the Legislative Council

Member Province Party Member Province Party Ashman, Hon. Gerald Barry Boronia LP Kokocinski, Hon. Licia Melbourne West ALP Baxter, Hon. William Robert North Eastern NP Landeryou, Hon. William DouttaGalla ALP Best, Hon. Ronald Alexander North Western NP Albert Birrell, Hon. Mark Alexander East Yarra LP Lawson, Hon. Robert Higinbotham LP Chamberlain, Hon. Bruce Western LP Long, Hon. Richard John Gippsland LP Anthony Lyster, Hon. Maureen Anne Chelsea ALP Connard, Hon. Geoffrey Higinbotham LP McLean, Hon. Jean Boronia ALP Phillip Macey, Hon. Reg Monash LP Cox, Hon. George Henry Nunawading LP Mackenzie, Hon. Roderick Geelong Ind. Coxsedge, Hon. Joan Melbourne West ALP Alexander Craige, Hon. Geoffrey Ronald Central Highlands LP Mier, Hon. Brian William Waverley ALP Crawford, Hon. George Jika Jika ALP Miles, Hon. John Gould Templestowe LP Robert Pullen, Hon. Barry Thomas Melbourne ALP Davidson, Hon. Burwyn Eric Chelsea ALP Sgro, Hon. Giovanni Antonio Melbourne North ALP de Fegely, Hon. Richard Ballarat LP Skeggs, Hon. Bruce Albert Templestowe LP Strachan Edward Evans, Hon. David Mylor North Eastern NP Smith, Hon. Kenneth Maurice South Eastern LP Guest, Hon. James Vincent Monash LP Storey, Hon. Haddon, QC East Yarra LP Chester Tehan, Hon. Marie Therese Central Highlands LP Hall, Hon. Peter Ronald Gippsland NP Theophanous, Hon. Theo Jika Jika ALP Hallam, Hon. Roger Murray Western NP Charles Henshaw, Hon. David Ernest, Geelong ALP Van Buren, Hon. Charles Eumemmerring ALP MBE Fredrick Hogg, Hon. Caroline Jennifer Melbourne North ALP Varty, Hon. Rosemary Nunawading LP Hunt, Hon. Alan John South Eastern LP Walker, Hon. Evan Herbert Melbourne ALP Ives, Hon. Robert Stuart Eumemmerring ALP White, Hon. David Ronald DouttaGalla ALP Kennedy, Hon. Cyril James Waverley ALP Wright, Hon. Kenneth Irving North Western NP Knowles, Hon. Robert lan Ballarat LP Mackenzie

FIFTY-FIRST PARLIAMENT-FIRST SESSION

President: THE HON. A. J. HUNT Chairman of Committees: THE. HON. K. I. M. WRIGHT

Temporary Chairmen of Committees: The Honourables Joan Coxsedge, D. M. Evans, J. V. C. Guest, D. E. Henshaw, W. A.l..anderyou, Robert Lawson, R. J. Long, G. A. Sgro, and E. H. Walker.

Leader of the Government: THE HON. D. R. WHITE Deputy Leader of the Government: THE HON. C. J. HOGG Leader of the Opposition: THE HON. M. A. BIRRELL Deputy Leader of the Opposition: THE HON. HADDON STOREY, QC Leader of the National Party: THE HON. W. R. BAXTER Deputy Leader of the National Party: THE HON. R. M. HALLAM

Heads of Parliamentary Departments

Assembly-Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. K. Boyes

Council-Clerk ofthe Legislative Council: Mr A. V. Bray

Hansard-ChiefReporter: Mr L. C. Johns

Library-Librarian: Mr B. J. Davidson

House-Acting Secretary: Mr W. F. McKelvie

DEATH OF HONOURABLE JOHN WIUIAM GALBAUY, CBE, QC

28 AUGUST 1990 COUNCIL 1

Tuesday, 28 August 1990

The PRESIDENT (Hon. A. J. Hunt) took the chair at 3.3 p.m. and read the prayer.

DEATH OF HONOURABLE JOHN WILLIAM GALBALLY, CBE, QC Hon. D. R. WHITE (Minister for Industry and Economic Planning)-I move: That this House expresses its sincere sorrow at the death, on 8 July 1990, of the Honourable John William GalbaUy, CB E, QC, and places on record its acknowledgment of the valuable services rendered by him to the Parliament and the people of Victoria as a member of the Legislative Council for the Melbourne North Province from 1949 to 1979, and as Minister of Elcctrical Undertakings from 1952 to 1955, Minister of Forests from 1952 to 1954 and Minister of Labour and Industry from 1954 to 1955. It is with great pride, on behalf of members of the Australian Labor Party, the government-in fact, all honourable members of the House-that I place on record the achievements of the late Jack Galbally. As I indicated, Jack Galbally was a member of the Legislative Council for Melbourne North Province from June 1949 to July 1979. He was Minister of Electrical Undertakings from December 1952 to June 1955; Minister of Forests from December 1952 to July 1954; Minister of Labour and Industry from July 1954 to June 1955; and the Leader of the Opposition in the Legislative Council from June 1955 to June 1970 and from August 1970 to May 1979. In addition Jack Galbally was the Chairman of the Royal Botanic Gardens Committee from 1968 to 1969 and a member of the Little Desert Settlement Committee from 1969 to 1970. He was also a Queen's Counsel, a league footballer and a pennant tennis player, and at one stage he played golf with a handicap of only two. Jack was educated at St Patrick's College, East Melbourne, Melbourne High School and Melbourne University, where he obtained a law degree while undertaking various occupations including those of car salesman, shop assistant, primary school teacher and fruit picker. Jack Galbally played football for the Collingwood Football Club in 1933 and 1934, a club of which he later became vice president. He was also legal adviser to the Collingwood City Council. As well, Jack was the Murray Valley tennis champion in 1933, 1946 and 1947. He was called to the bar in 1955. He was responsible for introducing the concept of contributory negligence in road accident cases in 1951. He was a fervent social reformer who campaigned against capital punishment and was one of the instigators of the Australian Constitutional Convention. In placing those achievements on the record, I point out that Jack Galbally, who was well known to Mr Landeryou and me-in my case for ten years-was a man of courage and achievement and a gentleman. He displayed great personal courage on a number ofoccasions. At the time of the split in the Australian Labor Party in 1955 Jack Galbally remained in the party despite strong peer group pressure from an overwhelming number of his Catholic Labor colleagues, who tried to persuade him to join what would become the Democratic Labor Party. In 1970 he was prepared to risk his personal standing, his leadership of the ALP in the Legislative Council and his membership of the party by defying the leadership of the Victorian branch of the ALP on the question of State aid for Catholic schools. He was subsequently reinstated by the Federal executive. Spring Session 1990-1 DEATH OF HONOURABLE JOHN WIUJAM GALBAUY, CBE, QC

2 COUNCIL 28 AUGUST 1990

Throughout the 1960s and 1970s-and, indeed, as far back as the 1950s-Jack Galbally vigorously advocated the abolition of capital punishment at the risk of public ridicule and the ridicule of the government of the day. He was largely responsible for changing the mind of the Hamer government on the refonn of the vagrancy and consorting laws and was also responsible for the introduction of a number of private member's Bills. In addition to being a man of courage he was a man of achievement in law, in sport and in politics. It is worth developing the character ofJack Galbally , because there were many layers to his character. It is fair to say that Jack Galbally, by doing what he did in the 1950s and 1960s in introducing a number of private member's Bills dealing with issues involving ci vii liberties, was responsible for the founding of what many of us now describe as the dreaded Labor Lawyers group that descends upon us in great numbers from time to time. Qearly most Labor Lawyers see him as their mentor. Jack Galbally was a protege of John Wren. His was an Irish-Catholic, Tammany-Hall, ALP background a political setting that no longer exists in Victoria but remnants of which may still be found in Sydney, Chicago, Boston and New York! Suffice to say Jack Galbally knew and understood that background. It is difficult to explain Jack Galbally's political character, because although Mr Landeryou and I are the beneficiaries of a great many stories about him, none is appropriate to place on record today. Nevertheless I shall give the House a portrait of one of the characters who lived in the setting in which Jack grew up and prospered politically. In 1952 a friend of many honourable members on this side of the House, lan Jones, when he was fifteen years of age, married a fourteen-year-old-granddaughter of Con Loughnan. Con Loughnan would walk down the aisle of St Ignatius' Church in Richmond wearing a monocle and carrying a cane with a sword in it From time to time he was Mayor of Richmond. At the time of the marriage he was the Secretary of the Australia-China Society. He decided to reward his prospective grandson-in-Iaw with a wedding present-a refrigerator, a kitchen suite and a lounge setting. They duly arrived and it was a momentous occasion for the fifteen-year-old and fourteen-year-old married couple. A year later, after Con ceased being Secretary of the Australia-China Society, the young couple were confronted by a group of angry Chinese saying the gifts were the property of the Australia-China Society, and they duly took them back. It was characters such as Con Loughnan whom Jack Galbally had a responsibility to defend. While talking about Jack Galbally defending the down and out, I wish to place on record that in many cases he became very attached to people who were in some senses, as part of their characters, rogues. He loved people like Dolph Eddy, Doug Elliot and Qyde Holding, especially when they behaved like rogues.

Jack Galbally, in his personality and character, relied upon Charles Pamell as his mentor. Pamell was a famous Irish Parliamentarian of the late 1880s and 1890s and a man who, by character and disposition, was refmed and indifferent in his debating style; elegant and above the ruck, but at the same time protected the rogues, who were men and women without property, means or substantial income and who lived off their wits. They were the rich characters that Jack Galbally loved to live and prosper with. As Mr Landeryou and I know so well, there were many features to his defence of those rogues. Many stories could be told about his defence of such rogues and their plight. It could be said that the way Jack Galbally addressed their needs and handled them was not always what one might necessarily describe as acceptable to conventional wisdom. DEATH OF HONOURABLE JOHN WIUIAM GALBAlLY, CBE, QC

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In conclusion, I place on record that the Honourable Jack Galbally, by his persistence both in opposition and in government, showed that Parliament could be made to work to extend and enrich civil liberties and economic liberties and that Parliament could be used to protect those hard-won civil liberties. He was a great defender of Parliament and a great and knowledgeable user of the Parliament. He was a high achiever in Parliament It is with considerable pleasure and pride that I place on record his outstanding service and the example that he has set for many of us, both in the Labor Party and in the community generally. Hon. M. A. BIRRELL (East Yarra)-On behalf of the Opposition I join with the Leader of the Government in expressing the sympathy of the House to the family of the late John William Galbally, CBE, QC. I did not know Jack personally, but I know of the legend he has created in Victorian politics. Tribute cannot be paid to him without mentioning that he was an icon of political behaviour and stature in the Labor movement and had a great impact on all other political parties. In his maiden speech he launched an attack on the Legislative Council. He called it "an undemocratic, unjust and outmoded place". He said it was" a tattered relic of an acute class consciousness". Upon reflection, I believe all of us would have to agree with his words because, in fact, the Legislative Council then had limited franchise and was for an elite. I dare say that people of my age were not even allowed to stand for Parliament. Jack Galbally campaigned against that. He railed against the injustice of the limited 'franchise of the Legislative Council, but he was quickly to become the greatest supporter of the Chamber. His attitude changed from one of anger to one of passion, because, on the change of election procedures for the House, he moved for the abolition of the restrictions that were in place; he became the champion of all that the Legislative Council could do. In his final speech in this House he made reference to those original intentions and complaints. He admitted that he had not been here more than a few weeks when he fell in love with the Legislative Council. That dedication was clear from all of his conduct during his long service in Parliament. Following his final speech to Parliament there was a rare occasion by any standards: there was a I-minute standing ovation from the members of the House. For that to occur is, I think, a mark of the respect that people from all political parties had for a great man. Jack Galbally was born on 2 August 1910 in Port Melbourne. He was educated at Melbourne High School; he matriculated from the former St Patrick's College in East Melbourne with a scholarship for Newman College, Melbourne University. He was elected to Parliament in 1949 to represent the Australian Labor Party in the Upper House seat of Melbourne North and retired 30 years later, in July 1979.

It would be fair to say that the focus of his contribution to public life was on one single word: justice. He regarded public life "as a crusade against all fonns of injustice". His legal professional background and Parliament were the arenas in which he would convey those thoughts, those ideals, and he got his message across. Jack Galbally established his first legal practice in Collingwood in the early 1930s. He also had a career in league football. In 1933 and 1934 he found time to play two seasons of football for the redoubtable Collingwood in the Victorian Football League, as it then was. It is in relation to his experience with football that I refer to an anecdote which Jack Galbally often quoted and which was related by Tim Colebatch in an article he wrote on Jack Galbally. It relates to sport and to principles. It is not designed to be humorous but is designed to tell the message of the man, and there is something in it for everyone. DEATH OF HONOURABLE JOHN WIUIAM GALBALLY, CBE, QC

4 COUNCIL 28 AUGUST 1990

During the depression years when Jack Galbally was playing football for Collingwood money was very tight. The Collingwood Football Club Committee decided to reduce player payments from 3 pounds to 2 pounds 10 shillings a week. The players got wind of it just before their big match at home against the Carlton Football Club. They decided to have a meeting. All of the players trooped into the president's room and the door was closed. The big ruckman Alby Collier got up, angrily denounced the committee's decision and pronounced that the whole team should go on strike immediately and refuse to play the match against Carlton. There was general hubbub among the players. Then captain Syd Coventry said, "Over my dead body! There are 30 ()()() people out there who have paid money to watch this match. Most of them are worse off than we are. Half of them haven't even got a job. We'll play and we'll bloody well give them their money's worth!" He got up and led the players OUl Jack Galbally said he never forgot it because he was one of those players; he learnt the lesson and Collingwood went out and won the game. For him it was a symbol of having detennination and of not allowing one's personal beliefs to deprive others of benefits that they come to expect or hope to enjoy. That ancedote tells a lot about the man. When the Australian Labor Party came to office in 1952, Jack Galbally was appointed Minister of Electrical Undertakings and Minister of Forests and, in early 1955, Minister of Labour and Industry. The introduction of private members' Bills is probably what he will be best remembered for in his Parliamentary career, and the private member's Bill for which he will be best remembered is the Bill mentioned by the Leader of the House, namely, the Bill dealing with the abolition of capital punishment. Jack Galbally on nineteen separate occasions tried to have capital punishment abolished and the death penalty removed from Victorian statutes. That it was finally removed in 1975 is as much a tribute to his work as it is to that of the other pioneer, Dick Hamer. Jack Galbally campaigned for social justice-social reform, as he called it-for a better society, and he questioned things that many people had previously just accepted as being beyond debate. He questioned imprisonment: whether locking up a convicted person in a cell means that that person will re-emerge as a reformed citizen upon the expiry of his or her prison sentence. He challenged the orthodoxy of putting people in prison and throwing away the key. He sought to abolish the law of vagrancy that made poverty a crime. He did not manage to abolish that law but he was still responsible for major associated changes. Personally, he was made a Queen's Counsel in 1969 and awarded a CBE in 1979 for his services to Parliament, the Ministry and to the citizens of Victoria. He was the eldest son of a very distinguished family, and they miss him dearly. Our words today about Jack Galbally give us much to think about and reflect upon in terms of his personal contribution. He left. on the public record thoughts and ideals that deselVe our consideration as Parliamentarians over the next decade. Although I did not know him personally, I believe we have all been touched by his contribution. I am honoured to have had this opportunity of paying tribute to such an icon of political life. On behalf of the Liberal Party I extend condolences to the family of the late Jack Galbally.

Hon. W. R. BAXTER (North Eastem~I was privileged to serve for four years in this Parliament with Mr John Galbally, three of those years when I was a member in another place. Our paths did not cross very often. As I thought about ittoday, I do not recall in those three years ever calling him Jack. I think I called him MrGalbally. I was a very young member and he was a very senior mem ber of Parliament and he seemed to me to be a person to whom DEATH OF HONOURABLE JOHN WILLIAM GALBAlLY, CBE, QC

28 AUGUST 1990 COUNCIL 5

I should be according that status. It was only when I returned to this place in 1978 and got to know him much better that I had the opportunity of observing at first hand his contribution to Parliament, although at that time he was at the end of his career and possibly winding down somewhat. The Leader of the Opposition referred to Mr Galbally as an icon. I have made a note that he was a premier Parliamentarian and that he had the respect of people on both sides of the Chamber. So far as I am aware he had a record tenn as Leader of the Opposition. They were difficult days for anyone to be leading the Opposition-and were probably Labor's most dismal days. When I came to this place there were only nine members of the Legislative Council who were in the Australian Labor Party and it would have been very easy for a Leader to become dispirited and throw in the towel. I do not think he ever did that; he was very persistent and continued to battle against the government of the day. It would be unfortunate if Jack Galbally were remembered mainly or only for his work leading to the abolition of capital punishment. His achievements and contribution were much wider, as we have heard from the two Leaders who spoke before me. I disagreed with him on capital punishment, which perhaps is not surprising, but I admired his tenacity in moving virtually annually to have capital punishment abolished and, ultimately, seeing that abolition come about. I was privileged to have served with a great Parliamentarian. I regret very much the passing of another stalwart of this Parliament. The world has changed so much in the last 'couple of decades that we will probably not see his like again. I want to take this opportunity of extending the sympathy and condolences of my party to Mr Galbally's family. The family has made a tremendous contribution to this State in a whole range of ways, and I refer not only to Jack Galbally but to other members of the family. I record the regret of the National Party at his passing. Hon. W. A. LANDERYOU {Doutta Galla)-With a great deal of sadness Ijoin with my Leader and the Leaders of the other parties who have spoken on the motion, but I do so conscious of the fact that we should salute the life of a great man and his contribution to Parliament. As Mr Baxter said, John Galbally will go into the annals of the House as a unique Parliamentarian. In looking around the House it is difficult to see any honourable member who will live long enough to make the contribution over time that John Galbally did. When I was elected to Parliament I had known Jack Galball y in my capacity as a union leader and member of the Labor Party for many years. I do not recall the 1955 display of courage exhibited by Jack Galbally, as mentioned by the Minister for Industry and Economic Planning, but I recall the 1970 series of events, on which some members of the Labor Party may take a different perspective. The stand taken by John Galbally on that issue was the correct one and it led to the Labor Party maturing to the point where the Australian people recognised the need to elect the Whitlam government. If it had not been for John Galbally there would have been no State aid policy of the Victorian Labor Party. I do not associate John Galbally with John Wren or anyone else; I associate him with one of Victoria's proudest and noblest families. The Galbally family has made an outstanding contribution to the community and its eldest son has made a significant contribution to Parliament. I do not associate John Galbally with Loughnan or any other section of the Irish Mafia, or any other collection of people my Leader colourfully called rogues, but if he wants to talk DEATH OF HONOURABLE JOHN WIUIAM GALBALLY, CBE, QC

6 COUNCIL 28 AUGUST 1990 about rogues I will talk about John Galbally and him. So that I will not get expelled from the Labor Party I have raised with my Leader an incident at a Labor Party caucus meeting. Many people, including John Galbally, have been suspended or expelled from the party over the years. At that caucus meeting John Galbally listened with great interest to a speech by a passionate young member, David White. The issue at that time was that the government of the day had discovered that the election of one of its members was out of kilter with the Victorian Constitution, so it searched far and wide until it found a number of people in Parliament who had breached various sections of the Constitution. The government then introduced a Bill which would validate the election of honourable members who technically could be found by the courts to be invalidly elected, so it was a validation amendment. At that time my young friend took a different view from that of the leadership of the Labor Party, which decided to recommend to caucus support for the Bill. I was anxious to ensure that my political life in Parliament was not placed in jeopard y, and if that meant another piece of paper floating around I was in favour. However, I was taken aback by the ferocity of my young friend's argument; he said he had consulted far and wide and, as he thumped the table, told the caucus he was absolutely certain of his constitutional position. John Galbally was not one for making long speeches in caucus, but on that occasion he stood up and, commanding the attention of everyone, said, "Mr Leader, although I understand this young whippersnapper is certain of his constitutional position, let me assure him that James the First was dragged to the chopping block certain of his constitution". Caucus, to its credit, and to the benefit of the party and Parliament, made sure that David White was locked in and was forced to vote for the proposed legislation, along with John Galbally. When I was elected to Parliament John was the Leader of the Labor Party in this House. He was a legend. Not only did he have the charm and wit that, I guess, is characteristic of his family, but also he was a man of considerable courage, as mentioned by previous speakers, and a man who understood Parliament. In those days in the Labor Party that was fairly rare. He taught me an appreciation of this place that perhaps I never dreamt was possible. He taught me to understand the need to know the Standing Orders. He used to say, "Do you know your union rule book?" I replied, "Of course I do." He said, "Get to know this one as well." He taught me to understand the Parliamentary processes. As you and I, Mr President, have often said to each other, very few members of this Parliament understand the Budget process. When Jack Tripovich started his long campaign on budgetary reform Jack Galbally was one of the few skilful members who understood what he was trying to achieve and embraced those reforms quickly. Just as Mr Birrell indicated a whole range of issues, Jack Galbally was a champion of those issues in this State. It is to the everlasting shame of this Chamber that we did not afford him the honour and the privilege of proceeding with his own Bill when finally the Liberal Party caught up with the notion that most progressive people had long since embraced, that you do not strangle people to death in a vengeful way. Nevertheless, he lived long enough to see that very significant reform. The Labor Party has had many colourful people, both within its ranks and as leaders, but John Galbally must rank among the most colourful. I saw him only towards the end of his Parliamentary career, but the then Liberal government held him in awe. I would look at Vasey Houghton when Mr Galbally got up to speak and you could see the tremendous respect that existed in those days on the Liberal Party front bench when he addressed the Chamber, which he did with great passion. DEATH OF HONOURABLE JOIIN WILLIAM GALBAlLY, CBE, QC

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I remember the great debates between him and Pat Dickie. I recall on one occasion my Leader wanted to go home early. In those days David's relationship with his wife was that, ifMary said he was to be home at 6 o'clock, that was not just a request, so he wanted to work out how it was possible to leave the Chamber. He went to the Leader, then the Honourable John Galbally, who said that there was only one way to leave this place and that was to be thrown out. David organised it for that night and he was home for dinner. Nevertheless, John Galbally overlooked that indiscretion and made certain that he spent time with the two troublemakers, as he saw us, to try to give us some understanding and appreciation of this place and enable us in opposition to fonn the foundation to seek to form a government. In that sense, although John Galbally had experienced government in his early years, he was to live too long in opposition, as he saw it, with the frustration that that brought. No-one has mentioned the circumstances in which John Galbally came to this Chamber, a place of privilege. It was not until there was a political coalition of sorts that brought about adult suffrage. It was not until 1951, in most of our lifetimes, at least for people of my age, that people were entitled to vote for representation in this Chamber. One needed qualifications such as property to become a member of it. John Galbally led the Labor Party, and to a large extent this Chamber, out of that dark period into a period of at least acknowledging, despite the gerrymander, some fonn of Parliamentary democracy. John Galbally certainly believed in Parliamentary democracy. For a long time as Leader of the Opposition he was able to live on the basis of Galbally's teachings. This is evident particularly in the sorts of speeches and ideas that he has left behind. He was a hard act to follow, which I said at the time I succeeded him. He was a constant source of encouragement and a great person to turn to for advice. I well remember the last time I spoke to John Galbally in this Chamber. He said, "I can sense, if not smell, the scent of victory." The Labor Party was on the verge of wirming government. John Galbally retired when Labor was in opposition; he lived long enough to see Labor in government; but it is a pity victory did not come a lot earlier. He would have made a far more significant contribution to the future of Victoria than those who followed him. Hon. HADDON STOREY (East Yarra)-I am privileged to join in this motion of condolence for the late Honourable Jack Galbally. I was privileged to know him before I became a member of Parliament because, as honourable members have heard, he was a member of the bar, and from time to time I had occasion to come into contact with him there. He was a very able barrister; people who listened to him in this House know that he had a way about him. He could convince people of things. He had a very appealing personality. Therefore one can imagine that he was a very successful barrister in front of a jury where he was able to do as he tried to do here with the government and to have the jury accept the point of view he was putting.

Even at that stage I knew him to be a very pleasant person, and one who was very sincere and who really was detennined to do what he could to help people in this world. I was delighted when I became a member of this place to be in the same House as Jack Galbally. I publicly say how pleased I was at the way in which he treated me, as he did all new honourable members. He made new people feel welcome and made sure that from his point of view they understood the way in which the House operated. Generally, while very much doing what he could for his party, he would do what he could to ensure that the standard of this Chamber was maintained and that it operated as a Chamber in the best of Parliamentary traditions. For many years he sought to achieve that. DEATH OF HONOURABLE JOIIN WIUIAM GALBAILY, CBE, QC

8 COUNCIL 28 AUGUST 1990

I wish to mention three points about Jack Galbally. The first refers to the brevity of his speeches. All honourable members could learn a great deal from "Gal's" speeches. When he rose to move his private member's Bills or to move a motion for the adjournment of the House or to attack the government in one way or another, he had a few phrases written down on a piece of paper and he built his speech around those phrases. He said nothing more than needed to be said. The words that he used were exactly to the point and conveyed completely the point he wished to make. It is a message that all honourable members could take, that it is possible to get a point across very briefly, succinctly, and very effectively in a way that does not happen when one tends to talk on and on. The second point concerns his contribution to constitutional reform in Australia. That is a matter that I have a particular interest in; again I place on record that it was Jack Galbally who moved a motion in this House that was adopted by the House-that is, the government supported it-that led to the first Australian Constitutional Convention of recent times. Unfortunately, since then honourable members have not seen a great deal of change in the Constitution. Nevertheless, a series of conventions has been held enabling people to come together from Parliaments all over Australia and to talk about the problems that they have and to see what can be done. It was an attempt to introduce a bipartisan approach to the form of our Constitution that badly needed reform. It was no fault of Jack GalbaUy that the process did not really achieve all that it should have but I believe it set in train something which, albeit that it may take another ten or twenty years, will finally lead to an improvement in the constitution. Jack Galbally needs to be remembered for his foresight and his understanding of the constitutional processes in Australia; and of the problems between the Commonwealth and the State governments that led to the Constitutional Convention. The third subject I mention is Jack Galbally's private member's Bills. Already they have been mentioned but he recognised that there was a way for an opposition to make a contribution in an effort to change the world in which we live. He did that with his private member's Bills and, although those Bills were not passed by this House, he still must be given great credit for having achieved the reforms of the abolition of capital punishment, the abolition of corporal punishment in our gaols, the abolition of solitary confinement, and a number of changes to the vagrancy laws, each of which came about to a large extent because of the community consciousness of those issues created by Jack Galbally when introducing private member's Bills in this place. I remember, as a member of the former government, having the privilege of agreeing with a private member's Bill that he moved. It was the only time any of his private member's Bills was passed, and I must confess it was one of the most inconsequential of his private member's Bills, so much so that I do not know whether history records what it was. The look on his face when he suddenly realised that the Bill would be passed is well worth recalling. However, it was a private member's Bill that was not passed that made the most significant contribution to this State, and Jack Galbally should be remembered for introducing it. Ijoinotherhonourable members in extending my condolences to Jack Galbally's family and saying that we who knew him were privileged to have known him, and we in this State are privileged that he was a member of this House and made the contributions that he made. Hon. E. H. WALKER (Melbourne}-I should like to make a few comments in support of the motion following the contributions by Mr Birrell, Mr Baxter, Mr Landeryou and Mr Storey, perhaps more particularly honourable members from the government side because DEATH OF nONOURABLE JOIIN WIUIAM GALBAlLY, CBE, QC

28 AUGUST 1990 COUNCIL 9 we, together with Jack Galbally, represent leadership in the Labor Party of this House back to the early 1950s. That does not cover the last three years, but for the previous ten years Mr Landeryou and I led the pany and prior to that Jack Galbally led it for a great deal longer. I cannot say that I knew him as well as my two colleagues knew him but I should like to make a few comments about the time that I met him. A few weeks ago a number of us attended the mass at St Patrick's Cathedral at which we farewelled Jack Galbally, remembered his life and mourned his death. One could not have left that mass without an appreciation of the flow of love for that man from his family and his friends. There is no doubt that he lived his life in such a manner that he had attracted people to him and did a great deal for them for most of this century. The fonner Premier, John Cain, made one of the best speeches he has ever made. He expressed his considerable love for Jack GalbaIly; he had done an arts course with Jack in earlier days. He said of him that now and again one meets a special kind of Melburnian and that Jack was just such a special kind of person. He talked about his role in politics, sport, law and the church. It was a well-rounded and excellent reflection on the life of one of Victoria's great citizens. I do not need to touch on the politics of Jack GalbaUy because ithas been mentioned by other honourable members. When I was elected to this House in 1979, as was usual in those days, the election was held early in the year and we did not take our seats until the middle of the year. Having been elected to the House I was also elected Deputy Leader of my party, but I had to sit in the public gallery to observe how the House worked. Jack Galbally was in the House at that time. When the changeover occurred he offered Mr Landeryou the position of Leader of the party. He did not want to continue in that role and allowed the changeover to take place after the election. Jack Galbally sat next to Mr Landeryou on the Opposition benches and Mr Landeryou was Leader from early 1979 onwards. A program by, I think, Four Corners or This Day Tonight in the mid-1970s provided a wonderful reflection on Jack Galbally's life. It was television at its best. One does not often see a half-hour program giving the background of a person, an interview with him, and a film of him jogging through a park of Melbourne. He was well into his 60s in those days, but was fit and still jogging. The program included shots of him in this House. He was interviewed about Parliament, his commitment to it and the causes for which he cared. I was moved to think that I belonged to the same party to which he belonged. I had not met him, except for a brief passing at functions. I wrote him a letter. I have not admitted this before, but I told him that I thought it was shame that he was in this House, not the other place. That gave rise to a response, a short correspondence in which Jack GalbaUy made it clear 10 me that one must not underestimate the value of membership in this House and what one can do through it. I was young in those days and I was saying that he could have led our party, and perhaps led it to victory earlier. He said that was not so and that his role was well played out in this House over those years. He had no regrets. We forged a relationship and when I entered this House I was delighted that he gave me his Standing Orders book with a hand written note inscribed on the inside of the front cover. As I came in, he was departing.

Jack Galbally made a marvellous contribution to this House and the community. Other honourable members have mentioned the contributions for which Jack Galbally was so well known. He was a consistent individual in his commitments, to which John Cain referred during the service: the church, which was important in his life; the law, which was the basis of his sense of justice; and sport. DEATH OF HONOURABLE JOHN WIUIAM GALBAUY, CBE, QC

10 COUNCIL 28 AUGUST 1990

Jack Galbally was a great footballer and golfer. The infonnation supplied on one ofthe papers provided is wrong. It suggested that he played in the French Open Tennis Championships; I think it was the French golf championships, but in any case he was almost a par golfer, as well as a great politician and Leader of the Opposition and, prior to that. a Minister. Formost of his career he was Leader of the Opposition in this House. He resisted the split, knowing clearly that such a movement at the time was against the best interests of the party he loved. It was not easy for a person of his commitments to do that. He strongly supported State aid and turned out to be direct in that support and suffered at least briefly because the party pushed him aside for a short while. Nevertheless, he stood for his principles and beliefs. I am proud to belong to a party that was represented for so long by a person such as Jack Galbally. I extend my sympathy and condolences to his family. Hon. B. A. CHAMBERLAIN (Western)-Jack Galbally was a scholar and a Christian gentleman in the literal sense of those words. I first met him when I was the manager of the University Blues Football Club. One of his sons was playing for the university and we had a party at the Galbally residence on a Saturday night after football, when I met him. At that time I had no political affiliations; I was only about twenty years of age. I knew of Jack Galbally's reputation as a man who was greatly admired and of extraordinary stature in Victorian government circles. He was a wann man who invited us into his home with a hearty welcome. I must say that the same welcome was not extended to some party gatecrashers who came over the back fence. As they stood there he gave them a baleful look; they froze and slunk back over the fence. Other honourable members have said that Jack Galbally wannly welcomed them as long lost brothers when they entered this House. During the time I knew him he was constantly asking about the welfare of my wife and children. He was courtly in his style and had a way about him that I have not often seen. Except perhaps for onc member of this House whom I will not embarrass by naming, I have not seen that same style in all my time in politics. As has been said, Jack Galbally was sparing in his speeches; even his speeches on his private member's Bills often took up only one page of Hansard. Most honourable members believe they must speak for 30 minutes to make their points, but Jack made his point and did so in a way that not only his side but also mem hers of the then government listened to every word. Jack Galbally spoke in a heartfelt manner and was extremely rational. However, it does not often suit governments to accept initiatives put forward by members of the Opposition. If one riled him, Jack Galbally could certainly snap back. I remember moving a motion in this House condemning the socialist policies of the Australian Labor Party and he called me a nasty little man. Obviously he was totally unjustified in what he said, but the next day it was all over and done with. As my colleague Mr Storey said, the way Jack Galbally used private members' Bills was an example to all Parliamentarians. Honourable members tend to forget that this Chamber provides more opportunities to individual members than any other Chamber in the Westminster system. One can put forward a private member's Bill in the Legislative Assembly; its name may appear on the Notice Paper but it will probably not be debated. This forum gives the opportunity to any honourable member, particularly a member of the Opposition, to do something constructive to change the thinking of the government on a particular issue. A private member's Bill allows one to put an issue on the public agenda and make it a matter of public discussion. It is in that area that I learnt from Jack Galbally. Over the past twenty years, apart from Mr Galbally, I have put forward more private member's Bills than any other member of Parliament. I have introduced private member's Bills for the same reason DEATH OF HONOURABLE JOHN WILL/AM GALBAlLY, CBE, QC

28 AUGUST 1990 COUNCIL 11 as Jack Galbally: to provoke public debate rather than simply issuing a press release claiming the government should or should not do something. A private member's Bill provides a model and generates debate. That was seen with my Bills on police powers where, ultimately, the government moved on those issues but in a slightly different direction. Mr Galbally provided that example to Parliament, and honourable members should ask themselves whether they should not give consideration to following that example more closely. Jack Galbally was a Christian gentleman and a man whose heart was open to anyone, regardless of their backgrounds or politics. I express my condolences to his family. Hon. C. J. KENNEDY (Waverley)-I shall say a few words in addition to what my colleagues have already said. It is fair to say that the Galbally family is synonymous with politics, law, football and the Catholic Church. That particularly applies to Jack Galbally because he was a great Labor Party Parliamentarian, a fine sportsman and a brilliant lawyer; he was a member of an outstanding legal family and he played extremely successfully with the Collingwood Football Club. As previous speakers have said, Jack Galbally campaigned successfully for the abolition of hanging and flogging; he persuaded the then Hamer government to eliminate those pestilences from the statute book. Strangely enough, Jack Galbally was a Parliamentarian from 1949 to 1979-30 years-but he was a Minister for only three years from 1952 to 1955. It is indicative of the rarity of Labor governments in Victoria that such a wonderful member of Parliament should serve only one-tenth of his time as a Minister. He was the Leader of the LaborParty in the Legislative Council from 1955 to 1970 and again from 1970 to 1979, and I shall explain why I mentioned two periods. In June 1970 Jack Galbally was suspended by the State ALP executive over State aid and was reinstated in August 1970 by the Federal ALP executive. That was at a time when the Labor Party was going through one of its brief interludes of internal dissension which it must contend with every 40 to 50 years. When I entered Parliament in 1979, the year Jack Galbally retired, the Labor Party had only 10 of44 members in the Upper House-i t was 10 against 34. However, due to Jack Galbally' s outstanding and vigorous leadership, the Labor Party was a fine Opposition in this place and its actions were indicative of what it would do when it came to power some three years later.

I express my sympathies, together with those of other honourable members, to MrGalbally's family. Hon. M. T. TEHAN (Central Highlands)-Having heard members from both sides of Parliament speak quite rightly of John Galbally as a lawyer, a sportsman and politician, I shall add my view of Jack Galbally as a family man, which I do from the perspective of a close and dear friend of his eldest son, and other members of his family. In that role I was a guest of the Galbally family on a number of occasions and it would be remiss if something were not put on record about the pride Jack GalbaIly took as the father of a family which he loved.

His wife, Sheila, was the stalwart of his security and ability to continue in all the ways honourable members have heard about today. He would not have taken one iota from that statement; she was the strength of the domestic situation which enabled him to give of his talents so freely to the community and to Parliament. He loved her dearly and respected her greatly. She was the mother of his five children and she was gentle, generous and as outgoing in hospitality as Jack was. DEATH OF HONOURABLE JOHN WIUIAM GALBAILY, CBE, QC

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Jack Galbally had the wit and charm that has been referred to in the past. To be part of that hospitality where his wit and charm was so tangible was a privilege I shall remember and cherish for a long time. I knew Peter Galbally both while he and I were at school and while we were at university together. He married Sue Davey, who was a school friend of mine, so our paths have met many times and will continue to so for a long time. In that capacity, on many occasions as a young person I went to the home of a man who was a good generation older than I am. There was always a lovely, lively sense of hospitality and interest in the young law student which made Jack Galbally a special host. On reflection, it is obvious that Jack Galbally was not only the first Parliamentarian I ever knew but also was a Parliamentarian of great renown. When I went to his house I would be somewhat overawed by a man who was frequently quoted in the newspapers and so on, bu t that was second onl y to my going home and reporting to my own family that not only was Jack Galbally there but so also were a number of important golfers. People such as Kel Nagle were rcgularly there, and that was of even more interest than the well-known Parliamentarian. Jack Galbally has passed on his attributes of wit and charm to the members of his family-Peter and John, his sons, and Ann, Pat and J ane, his daughters. He was also passed on to them--certainly to Peter whom I know the most and the best-his love of the law, literature and music. It should be noted that Peter Galbally, Jack's son, of whom he would be terribly proud, became a Queen's Counsel in November last year. The sad part is that his father was not well enough to appreciate how significant that was and how his love of and interest in the law had been passed to the next generation. Mr Storey and Mr Walker referred to the moving funeral service. One of the most moving elements was when after some excellent speechcs and the homily by Hilton Deakin and a speech by the former Premier, Mr Cain, Peter Galbally, Jack's son, thanked the contributors for their speeches. In his hand he held a much worn tome of the Complete Works ofWilliam Shakespeare, a volume that was constantly with Jack Galbally and which he had taken to Nazareth House. That tome was buried with Jack Galbally but his love of literature has been handed on to his son Peter. It was Peter Galbally who in 1966 or 1967 first referred me to the series of the Life of Winston Churchill by Randolph Churchill, which contained three volumes completed by Martin Gilbel4 which are a most wonderful set of books. He introduced me to Duff Cooper who was an urbane member of the English Parliament between the two world wars. He was married to Lady Diana Manners, an eccentric, and one of the last of those people from the Victorian era who contributed so much to English life and literature. Peter referred me also to works of Harold Nicholson when I first entered Parliament. He had already directed me to the marvellous works of Vita Sackville-West and the Portrait of a Marriage by her son Harold, which reflected the incredible morality between the wars. Jack Galbally passed on his love of literature to the next generation. His daughter, Ann Galbally, has in her own right contributed remarkably to literature with her biographies on many of our famous Australian painters such as Arthur Streeton, John Peter Russell and Frederick McCubbin, and her book The Collections ofthe National Gallery ofVictoria. She has also contributed with Letters from Smike: the letters ofArthur Streeton. She is currently working on a definitive biography of Sir Redmond Barry. She continues the love of literature and the contribution to our society of this generation of Galballys. The funeral was a family service although it had all the formality, pomp and circumstance that the Catholic Church in its traditional way brings to these things with incense, flowers and candles. Each grandchild contributed with a prayer. During Peter Galbally's speech he DEATH OF HONOURABLE JOIIN WIUIAM GALBAUY, CBE, QC

28 AUGUST 1990 COUNCIL 13 thanked the Sisters of Nazareth for caring for his father during his last years of life, allowing him to live and to die with dignity. I was moved by the answer to my condolence card which I received yesterday and which contained the text the family had chosen to demonstrate the life of Jack Galbally. The text brings together all that has been said; it is a simple one from Micah, one of the books of the Old Testament: Hear then what Yahweh asks of you: To live justly To love tenderly and To walk hwnbly with your God. I think Jack Galbally listened to what Yahweh asked of him and sought to live by those tenets. Hon. R. J. LONG (Gippsland)-I am grateful for the opportunity to support the condolence motion for Jack Galbally because I want something that he said to me early in my political career to be recorded. I entered Parliament in 1973 and I sat in the place where Mr Crawford now sits. Beside me sat Digby Crozier. We made our maiden speeches on the same day and after we had finished Jack Galbally, showing his kindness. came across to us and said, "Well done, boys; if you can't say what you want to say in 10 minutes it is not worth saying·'. Those words have stuck in my mind ever since and I believe some honourable members would agree that I have tried to carry out that advice because I have often made short speeches in this place and it is all because of the teaching of Jack Galbally. We should all remember those words and I am certain that honourable members in another place could well do so also. I also remember the constant introduction of his private member's Bills to abolish capital punishment. Shortly before I became a member of Parliament I appeared as a solicitor for a fellow who was charged with murder. Previously I was the greatest advocate of hanging of all times-I would have hanged all murderers-but as a result of my representation of this man it suddenly hit me how wrong that view was, and I changed my mind. When I came to this place in 1973 I heard Jack Galbally talking on one of his Bills to abolish capital punishment and I was impressed greatly by what he said. I was absolutely delighted when ultimately the government took up the Bill and it was passed. Jack Galbally was a colourful character. It has been pointed out that he used only limited notes for his speeches, which contained a number of key words. The words were colourful and they captured the imagination of the press. Those were the words that one would read in the press when his speech was reported. Jack Galbally was an ornament in this place. He was a great defender of Parliament and a great Victorian. He is one of Victoria's great sons. Hon. D. M. EVANS (North Eastern)-I first came to Parliament during the last three years of Jack Galbally's term as Leader of the Opposition in this place. Similarly to other new members of Parliament I looked about in order to learn some of the ways of this place and how one should approach its life and the means by which it operated. Given that there were a number of different political parties expressing different views, to some extent one might have felt that there was almost a need for antagonism between one side and the other and perhaps that might extend beyond the Chamber. However, I do not believe there was a better person to see in action than the Honourable John Galbally. He was at that time the Leader of the Opposition, which was a small group. It would have been easy for him to adopt a truculent attitude towards other members of the House but instead he showed respect not only for the House but also for other members of the House. He showed respect to the Leadership of the House and towards the Honourable Vance Dickie, who was DEATH OF HONOURABLE JOIIN WILLIAM GALBALLY, CBE, QC

14 .cOUNCIL 28 AUGUST 1990 the Leader of the Government at that time. Most of all he showed respect to the law and the way in which the law operated. I also had the privilege of sitting on the Statute Law Revision Committee with John Galbally for three years from 1976 to 1979, which was an incredible privilege. At that time the committee did not have the resources that committees currently have, but nevertheless had a heavy workload. The secretary of the committee was Mr Wayne Tunnecliffe, who is now the Deputy Clerk, and who gave high quality, intense personal commitment to the committee. Perhaps it was much more personal and conducted with much greater involvement than we have with the better resourced committees today. I well recall that one of our tasks was to give an opinion to Parliament on the relevance of the imperial Acts of Parliament of Great Britain to Victoria and comment on whether they should remain on the Victorian statute book. The imperial Acts were, of course, adopted by Victoria in approximately the 1850s and they embodied Acts of Parliament of the imperial British Parliament going back almost to the time of William the Conqueror. I recall that we dealt with laws passed in the 11 OOs, at the time of King John, of King Henry and during the James and Charles eras. One law that I recall in particular was the subject of a report from Cheryl Saunders from the University of Melbourne which recommended, among other things, that the law of habeas corpus be repealed. The argument for the repeal of what I must admit I regarded as perhaps one of the greatest tenets of English law-the right to liberty-was that the law of habeas corpus was adequately covered in the amendments to various Acts of Parliament that had been passed subsequent to the imperial Acts enactment in Victoria. I recall expressing concern to the committee that the very act of repealing the law of habeas corpus was itself significant, given the historic precedents upholding the rights of citizens and guaranteeing the freedom of the individual and of the State. I must admit I thought that for a person not in the law it was a somewhat brave thing to do. John Galbally then acted well indeed. He echoed those sentiments and expressed them strongly and, despite the fact that the committee had been about to agree to a motion recommending the repeal of the law of habeas corpus, the committee-and it was John Galbally's eloquence, I am sure, that was the deciding factor-turned it around and the recommendation was not agreed to. So far as I am aware the law of habeas corpus is still on the statute book in Victoria. I was not able to attend John GalbaUy's funeral. I guess one could say that one attends many funerals out of respect for persons, and I do so regardless of whether they have been people with whom I have agreed during life. I go because I respect them. I could not go to John Galbally's funeral but I took a lot of trouble in choosing a card and sending it to members of the family. A couple of weeks ago I received a response signed by his son John, with a personal note at the bottom thanking me and saying that the family appreciated the fact that members of other political parties had thought to honour their father. I shall keep that card. I do not always keep the cards that I receive on those occasions, but I shall keep that one because it reminds me ofa person who had an enormous impact on me as a young member of Parliament, as he had an impact on so many others. He was a person for whom, regardless of poli tics-becau se they were irrelevant-I had respect; and I am sure that respect was shared by every member of this House. John Galbally will be remembered. I extend my condolences to his family. The PRESIDENT-The picture which has emerged from the debate this afternoon is of an urbane, cultivated, courteous, courtly, humane, caring, colourful, persistent man who was DEATH OF IlONOURABLE JOIlN WILLIAM GALBAILY. CBE. QC

28 AUGUST 1990 COUNCIL 15 a great Parliamentarian. He was a master of the forms of this House and he knew how to use influence effectively. I served eighteen years in common with the Honourable John Galbally and I learnt from him seven of the great Parliamentary virtues, all of which happened to begin with the letter P. John Galbally knew the virtue of patience. He would remark that the world was made in six days but it took considerably longer to change it. He was prepared to wait for years, if necessary, to instigate a change that he thought was necessary. But he did not believe injust waiting for change to occur, which blings me to the second quality, persistence. While I have been speaking I have circulated an analysis of the Honourable John Galbally's private member's Bills. As honourable members read down the list, they will be struck by many things. The supposition that has been made today-that he did not always have a great degree of success-was wrong. A number of those Bills were passed, and almost all influenced subsequent legislation. On my analysis I can find only 7 out of 41 Bills which were not passed in some form or another-if not then, at a later date-and I may be wrong on some of those seven because I was working from recollection. He knew that if an idea was worth pursuing, its time would come, provided he pressed hard enough. He also knew that this House was not irrelevant. He knew that debate here could influence views, and over many years on many occasions I personally saw the views of many honourable members changed. Inmy early years I opposed him on the Bill to abolish capital punishment, but it was his work that caused me to undertake further study and caused m~ to change my view and to work within my own party to change the party's view. The same thing occurred with other honourable members and other Ministers on other issues. And I invite honourable members to look at that record. As I have shown, 41 Bills were presented 124 times. The press referred to his Bill to abolish capital punishment as having been presented 21 times. Mr Birrell referred to it as having been presented 19 times. I can count only 15 times, but whatever it was it was a remarkable achievement in securing the abolition of capital punishment. The list shows many other Bills that were utterly opposed at first but were later passed. I have recounted in another form the story of how he achieved the abolition of live bird trap­ shooting. Again it was patience and a knowledge of Parliamentary practice which enabled him to get that Bill through against the opposition of Sir Henry Bolte. His patience and persistence were not confined to this place, although I must say that his patience was not always exhibited when he was at the football. Once he was with his brother Frank in the Collingwood section watching his beloved team play when a character in front of them, a most obnoxious man, by all accounts, started badmouthing the Collingwood captain, the team, the coach and the club. This fellow was wearing a stetson with a pointy top-a type of pyramid hat, you might say-and from behind, Jack Galbally could stand it no longer so he pushed the hat down over the gentleman's face-if I can call the man a gentleman. The man called out, "I'm a police officer; you're under arrest", and John said to Frank, "I guess I'd better go", because he was Leader of the Opposition and he did not want to be arrested. So Frank said to the gentleman, who was then struggling to get his hat back on properly, "Produce some identification." The man stopped for a moment to feel for his wallet and Frank also made his getaway. DEATII OF IIONOURABLE JOIIN WILL/AM GALBALLY, CBE, QC

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The third lesson that one learns from Jack Galbally's life and work in this House was the importance of sticking to principles. Jack Galbally stuck to principles. He was motivated by that all his life and throughout his career. Everything that has been said today indicates that. When one looks at the range of Bills he introduced one sees that they are a particular type coming from a humanitarian who was concerned for the poor and oppressed and those less fortunate than himself and who was concerned for the principles of law and freedom and of Parliamentary government. One knew where Jack Galbally stood on any subject. He always acted consistently. His life was practised in accordance with known and understood principles. That brings me to the fourth lesson. One must not only stand on principle but one must practise what one preaches. I wish to give a small and almost silly exemplification of that principle. Honourable members know that he spoke about the protection of animals on many occasions. He moved several Bills andjoincd many debates and when I, as Minister for Local Government, had a Dog Bill I always knew John Galbally would be the main speaker for the Opposition. One day there was a dog at large and obviously lost in the environs of Parliament House. It was taken up to Jack Galbally's chambers in the House, cared for during the rest of the afternoon and taken home in the Ministerial car that night, and there was a reference to it in the Herald on Thursday, 30 November. The dog was named Sooty by Jack, and the owner was advertised for in the paper but not found, so the dog was placed in a good home at Sorrento. There was a man who practised what he preached and who carried out in a small way in his daily life what he stood for in public. Jack Galbally was a man of passion. He said that if one bel ieved something one had to believe it passionately and make onc's argument with passion and conviction if one wished to be believed. There is no doubt that those who make dry, didactic spceches carry no conviction, nor do they convince others. As has been observed, Jack Galbally was also a man of pithiness. He thought that if the message could be conveyed briefly it was far more likely to be effective. There is a lesson here for every member of Parliament, particularly those who are inclined to feel they must say everything they know about the subject and often find that the principle they are espousing gets lost in the welter of words. That nevcr occurred with Jack Galbally. The seventh principle that should be commended to any Parliamentarian in the life and work of Jack Galbally was professionalism. He was a true professional in every sense of the word-a master of procedure and a master of the private member's Bill. The list of Bills honourable members have before them is limited in a sense, because in this House honourable members may not move any Bills which in any way require the expenditure of finance. The Constitution prohibits such Bills. Jack knew when to use a Bill, when to use a substantive motion and when to use an adjournment motion that drew dramatically to the attention of the public some deficiency in the law or in practice or in the government. The list of Bills shows only a portion of his work. Only brief mention has been made of the Little Desert Selllement Committee, which he established, and the Royal Botanic Gardens Commillee, which was very effective. Through those committees Jack prevented, respectively, the subdivision of the Little Desert and the opening of a licensed restaurant in the Botanic Gardens, which shows that this House can exercise a very effective influence indeed. Jack Galbally was respected by every honourable member. I think it was more than just respect; he had the affection and indeed the love of most members of all parties in this House. He gained respect because he always gave it. He always respected a different point of view, although he sought to change it. He played the ball and not the man. He could fight trenchantly DEATII OF 1I0NOURABLE ART/fUR ROBERT MANSEU, CBE

28 AUGUST 1990 COUNCIL 17 with all his opponents and have a drink with them as friends immediately afterwards. He was a great Parliamentarian. It will be surprising if we sce his like in this House again. I add my tribute and condolences to the members of his family. Motion agreed to in silence, honourable members showing unanimous agreement by standing in their places.

DEATH OF HONOURABLE ARTHUR ROBERT MANSELL, CBE Hon. D. R. WHITE (Minister for Industry and Economic Planning)-I move: That this House expresses its sincere sorrow at the death, on 26 July 1990, of the Honourable Arthur Robert Mansell, CBE, and places on record its acknowledgment of the valuable services rendered by him to the Parliament and the people of Victoria as a member of the Legislative Council for the North Westem Province from 1952 to July 1973. Arthur Mansell was a member of the Legislative Council for North Western Province from July 1952 to July 1973; Deputy Leader of the Country Party in the Legislative Council from 1969 to 1973; a memberofthe Printing Committee from 1952 to 1973; the Standing Orders Committee from 1969 to 1973; the Lillle Desert Seulement Commiuee in 1969; and the State Development Committee from 1952 to 1973-a period of about twelve years. Arthur Mansell was a dried vine fruits growers in Mildura and a cattle breeder. He was also at various stages a member of the Mildura Technical School Council; the Mildura Agricultural Society-and from time to time its president-the Mildura Art Centre; the Mildura Home for the Aged for 22 years; and, in local government, a member of the Mildura City Council from 1945 to 1969 and a member of the Mildura Sewerage Authority from 1945 to 1969. From that record of service it is clear that Mr Mansell had a career in public service from at least 1945 to 1973, and along period in the Legislative Council. It is also clear that in keeping with the traditions of the National Party and, prior to that, the Country Party, he was a model for many of the National Party members who currently serve in the Legislative Council. He was a conspicuous activist throughout his electorate, especially in Mildura, and a conspicuous activist over a long period in building and sustaining the Country Party and the National Party network in Mildura and servicing that community in the Legislative Council. The model that National Party members today use and prospcrby is an extensive community network. National Party members serve a number of individual constituent groups in their own right as well as in a general sense in Par1iament. It is that capacity to effectively build community networks in the electorates they represent that has made the National Party so fonnidable in many parts of the north, north-cast and north-west of Victoria. I am sure Mr Mansell's successors, Mr Wright, Mr Dunn and Mr Best, have all prospered from the roots he established. On behalf of the government and Parliament it is with pride that I place on record the service and contribution of Mr Mansell and pass on the regards of Parliament to his family. Hon. M. A. BIRRELL (East Yarra)-On bchalfofthe Opposition Ijoin with the Leader of the House in expressing the sympathy oflhe House to the family of the late ArthurMansell. He was born on 19 December 1904 in Mildura and died on 26 July 1990. He was a true representative of the people of Mildura and north-west Victoria. Arthur Mansell was educated at the Mildura High School and Wesley College in Melbourne. By profession and practice he was a fruit grower and a veal cattle breeder in Mildura. He DEATH OF HONOURABLE ARTHUR ROBERT MANSEU, CBE

18 COUNCIL 28 AUGUST 1990 married Dorothy Davies and there were three sons and one daughter from that marriage. He has left seventeen grandchildren and sixteen great grandchildren. As the Leader of the House said, he was a member of the Mildura City Council for 24 years from 1945 to 1969, an uninterrupted period of service to local government. He was mayor from 1949 to 1950 and then for a second term from 1950 to 1951. In his capacity as a community representative he was a member of numerous district organisations and their breadth indicates how many people he touched through his work. Those organisations include the Mildura Art Centre, the Mildura Agricultural Society, of which he was a member for twelve years and president for five years, the Mildura Technical School, the Mildura Sewerage Authority, where he was a commissioner from 1948 to 1969, and the Mildura Home for the Aged of which he was a supporter for 22 years. It has been said that because of his love for the area Arthur Mansell spent many hours compiling a pictorial history of Mildura from the records of the Parliamentary Library. In turn he donated a large amount of material on Mildura and the region to the Parliamentary Library. That clearly demonstrates the deep commitment that the late Arthur Mansell held for his constituency. He was elected to represent the then Country Party for North Western Province from 1952 to 1973, a period of21 years in Parliament, which included being Deputy Leader in this House from 1969 to 1973. He served on a number of committees and was awarded the CBE in 1973 for his services. On his retirement a motion in appreciation for the services he made to the people of Victoria was moved in this House. It is relevant to repeat the message of another honourable member we have spoken of today, the late Jack Galbully, who expressed his sorrow that Arthur Mansell was leaving the House because he was far too young to be retiring. It is a pleasure to pay tribute to those who have served Parliament and the people of Victoria and, in particular, to pay tribute to Arthur Mansell. He will be remembered affectionately and long by his constituency and the people of Mildura. On behalf of the Liberal Party I extend condolences to the family of the late Arthur Mansell. Hon. W. R. BAXTER (North Eastern)-Arthur Mansell represented north-western Victoria, the Mallee area, a harsh and in some ways unforgiving land. However, Arthur Mansell was anything but harsh and unforgiving; he was a gentle and humble man. I did not know him well and I did not serve with him in Parliament because he retired at the first election at which I entered Parliament but being of the same party I had some opportunity of knowing him through party organisations and through annual conferences. He was held in the highest respect within the party organisation. He served Parliament for a long time and towards the end of his career he was deputy leader of the party. He may well have had other leadership opportunities if circumstances had been different but he was here during the long leadership and deputy leadership of two other great stalwarts of the Country Party, SirPercy Byrnes and the Honourable Ivan Swinbume. He served his stewardship well in his 21 years in Parliament. Arthur Mansell was a pioneer in the dried fruit industry in Mildura which is the backbone of Sunray si a and is an important part of the Victorian economy. His extraordinary community involvement has been well described by the Leader of the House and Mr Birrell. He first came to this House after a by-election and he enjoyed a privilege that is not extended to many now and none so far as I can recall in my years in Parliament. He was elected unopposed. Hon. D. R. White-Half his luck! Hon. W. R. BAXTER-I live in hope that it might happen to me one day. DEATH OF IIONOURABLE ARTI/UR ROBERT MANSEU, CBE

28 AUGUST 1990 COUNCIL 19

He served for 21 years on the State Development Committee, something of a record. It should be remembered that that was during a time of tremendous expansion in this State. The State Development Committee had an enormous workload and Arthur Mansell was a tower of strength on that committee and brought wise counsel to bear on its decisions and recommendations about developmental projects in this State. His family continues to make a sustained contribution in the Sunraysia area. Anhur Mansell set his family a fine example and they are living up to that by their own contribution. On behalf of my colleagues in the National Party I record our deep regret at Anhur Mansell's passing and place on record our deep appreciation for the sterling service he rendered to Parliament and to the party I represent. Hon. K. I. M. WRIGHT (North Western)-I appreciate the opportunity of sharing my recollections of the late Arthur Mansell and of saying at the outset that he was a good friend and colleague. As I succeeded him as member for the North Western Province I did not serve with him in Parliament. However, I carry with me the gold pass that was issued to him and his predecessors and that no doubt will pass on to those who follow me. I understand that you, Mr President, and Mr Haddon Storey are the only honourable members here today who were in this place at the same time as Arthur Mansell served. As has already been pointed out, in those days elections were held in May and the new honourable members took their seats in July. However, they were urged by those who had elected them to go to work immediately, to attend functions and to take an interest in what was going on. By the same token, there was the danger of upstaging the previous member because the newly elected member would be carrying out some of his functions of office. I served as a councillor of the City of Mildura for eight years at the same time as Anhur Mansell was a councillor; his long and distinguished community service included 24 years as a councillor. As has been pointed out, he was the Mayor of the City of Mildura from 1949 to 1951. As Mr Baxter said, in 1952 Anhur Mansell was elected to Parliament unopposed, following the sudden death ofColin McNally, the then mem ber for North Western Province. The fonner Parliamentary State Development Committee was conducting inspections and hearing evidence in Adelaide when Mr McNally passed away. While Anhur Mansell might have had an easy passage into this House in respect of his election, he obtained preselection by the skin of his teeth. The real contest was to gain preselection to carry the then Country Party banner. At that time North Western Province extended south to Warracknabeal, Nhill and Kaniva and to the east it included Wycheproof, Donald and Swan Hill. It was essentially a primary producing electorate and the wheat-growing branches of the then Country Party had the numbers. Like other political parties, the then Country Party allowed one vote for each twenty branch members and, as I said, the wheat-growing branches were confident that their candidate would win the day. However, Anhur Mansell decided to stand. He travelled south with Mr Ivan Cameron and my father-in-law, Frank Gallagher. They knew many of the delegates and were able to persuade two key branches to change their vote. Contrary to belief, Arthur Mansell had apparently only recently joined the then Country Party, but with his forthright demeanour and the need for a member from the populated area of the electorate, Arthur won a narrow victory. Arthur Mansell was a member of the fonner all-party State Development Committee. He fonned close friendships with commiuee members of all parties. In those days, the committee comprised six members, with only one representing the then Country Party. Ray Wiltshire, DEATH OF HONOURABLE ARTIIUR ROBERT MANSEU, CBE

20 COUNCIL 28 AUGUST 1990 who was a member of the Liberal Party in the other place, and who I understand passed away recently, was a good friend, as was Buckley Machin, who represented Melbourne West Province for the Labor Party. Throughout his life Arthur Mansell was a strong upholder of family, moral and Christian values. and he was highly respected by honourable members on both sides of Parliament. Although the Liberal Party was in government, he was a close friend of such government leaders as Sir Henry Bolte, Sir Arthur Rylah and Sir Gilbert Chandler. With the assistance of colleagues, he was able to persuade the government to agree to many projects in his electorate, even though, as I said, he was not a member of the governing party but sat on the corner benches. The projects included no fewer than four secondary schools in the Sunraysia area as well as many other projects in the fields of health, education and agriculture. Arthur Mansell took up literally hundreds of problems of constituents with government departments in Melbourne. He established a position of mutual trust and respect with heads of government departments. In other days it was considered to be quite good going to be able to cover four departments and four problems in one working day, but even so Arthur achieved a high rate of success. During his term of office. there were no electorate offices or secretaries to assist members of Parliament and letters were often written in longhand. Arthur Mansell was in Melbourne for most of the week. At that time, local members had permanent reservations in sleeping cars on the Tuesday evening train to Melbourne. Saturdays were devoted to various commitments. On Sundays the whole day, apart from attending his church, which was a major part of his life, was devoted to receiving a constant stream of constituents who came to his home-as no doubt they went to the homes of other Parliamentarians-to present him with problems to take up and solve. Arthur had a close association with his Federal colleague, Sir Winton Turnbull, with whom he shared the platform at many meetings. Sir Winton lived at Boort and usually after lunch on Sundays Arthur had a long telephone conversation with him during which they discussed various issues and matters of mutual concern. Arthur Mansell had a similar relationship with former honourable members for Mildura, the late Nat Barclay and Milton Whiting, as well as with Harry Broad, a fonner member for Swan Hill, and the late Sir Percy Byrnes, who represented the area in this place. Arthur Mansell was a strong debater and, like the late John Galbally, his speeches were generally brief but forceful and to the point and his opinions were given from the heart. He spent hundreds of man-hours of his own time compiling a pictorial history of Mildura from records in the Parliamentary Library. Often he was in the library from 7 o'clock in the morning until late at night. Photographs of paddle boats were a feature of his book. Arthur Mansellloved the land, particularly the irrigated areas. His family were pioneers in the dried fruit industry. His father Stephen owned the Mildura pre-emptive right and was a Mildura city councillor for nineteen years, with Arthur succeeding him. The family had the largest vineyard in the district, comprising 350 acres; in recent years, with extensive subdivision into building allotments, it has become an even more valuable property. While Arthur was a councillor of the City ofMildura his property was flooded by water from roads and streets from the city. For a while there was a threat that he would sue his own council, but I think the statement was made more in jest than anything else. Certainly nothing came of it. I understand that Arthur Mansell made a well-known statement in this House when he said that eventually the River Murray would become a huge drain, given the way it was going. DEATH OF HONOURABLE ARTI/UR ROBERT MANSEU, CBE

28 AUGUST 1990 COUNCIL 21

He would be pleased to see the attempts that are being made today to solve the problems of salinity and degradation along the River Murray. As I found when I accompanied him and his wife, Dorothy, on visits to the south on a number of occasions, Arthur Mansell appreciated also the beauty of the Mallee. They paused en route for cups of tea from a thermos and sandwiches that Mrs Mansell invariably brought along. Usually this was at a wayside stop just south of Tempy, where there is an excellent view of magnificent undulating countryside. Tragically, Mrs Mansell passed away soon after Arthur retired from Parliament. Although she was extremely active in working on local charitable bodies, Mrs Mansell frequently accompanied her husband on his visits to distant electorate centres. She was his greatest supporter and closest adviser-a truly lovely lady. Arthur Mansell was a member of the Mildura Agricultural Society for twelve years and its president for five years. As other honourable members have said, he was a member of the council of the Mildura Technical School and served for 22 years on the committee of the Mildura Home for the Aged. Arthur was a member of the Mildura Rotary Club for many years, including a term in 1946-47 as president. He joined the Mildura Rotary Club in 1942 and he last attended a meeting of the club in 1981. Unfortunately in his later years Arthur's eyesight gave way and he was not keen to go out at night. From 3 July 1945 Arthur was a member also of the Irymple Masonic Lodge. He served as master in 1956-57, which was a notable achievement as he was a member of this place at that time. Arthur Mansell was an outstanding and hardworking Parliamentarian. He was completely honest and served his electorate with distinction for 21 years, retiring while still Deputy Leader of the Country Party in the Legislative Council. Arthur Mansell was a primary producer. Although ineligible to serve during the second world war he was a prime mover in the fonning of a boys club at Mildura. He spent a great deal of time in the physical training of the sons of servicemen who were away from home. Whenever I meet men who were trained by Arthur during that time they speak highly of the valuable training and experience he gave them. He also loyally served his church-the Church of Christ-teaching Sunday school for many years. Again, many of his former students speak highly of the valuable lessons in life they learnt from him. Her Majesty Queen Elizabeth 11 visited Sunraysia during Arthur's representation of the area; and shortly after his retirement the Queen honoured him by making him a Companion of the British Empire. He is survived by his four children-Ian, a citrus grower at Nangiloc, who is married to Ruth; Russell, who still occupies the Mildura property and is married to Suzanne; Donald, who is married to Heather; and Alys, who is married to Doug Beasy, a retired schoolteacher and former Carlton footballer. There are seventeen grandchildren and sixteen great-grandchildren, all of whom were very fond of their grandfather or great-grandfather. His funeral at Mildura was attended by more than 200 people. Unfortunately, because there were important meetings of the Parliamentary parties in Melbourne that day few Parliamentarians were able to attend the funeral. I represented the National Party at the funeral and was invited to deliver the eulogy on that occasion. It was an honour to succeed Arthur Mansel1 as a representative of North Western Province. I am proud to speak of his achievements. and I convey to his family the deepest sympathy of all members of the National Party. ADJOURNMENr

22 COUNCIL 28 AUGUST 1990

The PRESIDENT-Order! I knew the Honourable Arthur Mansell very well, having served in the House with him for twelve years. He was a quietly spoken but effective man, and an expert on problems and issues affecting irrigation areas in the State. He was also a friendly man. When they were in season he brought down gifts of fruits not only for the staff of the House but also for honourable members on both sides-and from time to time I was a recipient of his largesse. He was an hospitable man. He welcomed honourable members who visited Mildura, usually taking them to his home, of which he was very proud-especially his later home on the banks of the River Murray, which he certainly loved. He made a quiet but effective contribution throughout the time he was a member of the House; and his services to his party and to Parliament were very substantial.

Motion agreed to in silence, honourable members showing unanimous agreement by standing in their places.

ADJOURNMENT Hon. D. R. WHITE (Minister for Industry and Economic Planning)-I move:

That, as a further mark of respect to the memory of the late Honourables Jolm William Galbally. CBE. QC. and Arthur Robert Mansel!. CBE. the House do now adjourn.

Motion agreed to.

House adjourned 4.55 p.m. LAND (IOOF) BlU

29 AUGUST 1990 COUNCIL 23

Wednesday, 29 August 1990

The PRESIDENT (Hon. A. J. Hunt) took the chair at 2.3 p.m. and read the prayer.

LAND (IOOF) BILL Introduction and first reading Received from Assembly. Read first time on motion of Hon. B. T. PULLEN (Minister for Education).

SITTINGS OF THE HOUSE Hon. D. R. WHITE (Minister for Industry and Economic Planning)-By leave, I wish to make a statement about Wednesday sittings of the House. Honourable members would be aware that it is proposed, by way of experiment, that sittings commence early each Wednesday with a view to completing business, in the normal course of events, by dinner that day. I infonn the House that it is not my intention at this stage to move for adjustment of the Sessional Order governing the Wednesday commencement time. That will be done if the experiment proves successful. Meanwhile, honourable members should note that 10.30 a.m. is to be the time of meeting on each Wednesday until further notice.

THE MINISTRY Hon. D. R. WHITE (Minister for Industry and Economic Planning)-I inform the House that Mr Pullen has been appointed the Minister for Education. There has been a change in arrangements relating to Ministers answering questions and handling legislation on behalf of Ministers in the Legislative Assembly. I understand the list of Ministers handling questions on behalf of Legislative Assembly Ministers has been circulated to all honourable members. I make one adjustment to that list: the Minister for Health, the Honourable Carolyn Hogg, will also handle questions relating to the arts, and the Minister for Education will not handle such questions.

QUESTIONS WITHOUT NOTICE

SWINBURNE INSTITUTE CAMPUS ARRANGEMENTS Hon. HADDON STOREY (East Yarra)-I refer the Minister for Education to a promise by the fonner Minister responsible for Post-Secondary Education, Mr Walker, relating to a commitment that $3001000 would be spent to complete certain building works for the Swinburne Institute campus on the former MDA Grammar School site at Mooroolbark. I ask: will the Minister honour that promise? Hon. B. T. PULLEN (Minister for Education)-I shall get back to Mr Storey in relation to the detail of the question, but obviously the promise given by the former Minister STATE BANK VICfORIA

24 COUNCIL 29 AUGUST 1990 responsible for Post-Secondary Education, Mr Walker, was given on behalf of the government and I shall deal with the issue in that spirit.

STATE BANK VICTORIA Hon. R. M. HALLAM (Western)-Can the Minister for Industry and Economic Planning confirm that the Commonwealth Bank's offer for State Bank Victoria was $55 million less than another offer, and can the Minister also explain why taxpayers' funds have been squandered to that degree? Hon. D. R. WHITE (Minister for Industry and Economic Planning}-It has been made clear that there was an offer in excess of the Commonwealth Bank's offer by $55 million. It was also made clear that the Commonwealth of Australia tax arrangement in respect of reimbursement of the State's benefits forgone by selling the State Bank to the Commonwealth Bank instead of to another private bank would produce a differential of $80 million. So in respect of the final transaction there was a $25 million benefit to the State government by selling the State Bank to the Commonwealth Bank rather than to any other bank. As the Premier and the Treasurer have indicated, the government is more than happy to ensure that the coalition is given details and briefed properly on those mallers. I hope that honourable members will accept that offer and, if there are further questions arising from that briefing, I look forward to responding to them directly, or having the Premier or the Treasurer respond to them.

VICTORIAN CERTIFICATE OF EDUCATION Hon. JOAN COXSEDGE (Melbourne West}-Will the Minister for Education inform the House what effect the State Budget will have on the implementation of the Victorian certificate of education? Hon. B. T. PULLEN (Minister for Education}-I hope honourable members opposite will not be as unruly in class now as they were ·when I was Minister for Housing and Construction; I hope they will respect my new office. Honourable members realise that in a difficult Budget education has had to meet its share of savings. I would like to assure the House that the Victorian certificate of education-VCE-is a key part of the education policy, and it is being protected and enhanced by commitments and by funding in the Budget context. There will be a 25 per cent increase in the curriculum component of the schools grant plus a 4 per cent increase in the educational allowance for VCE students. Further, the information program to parents and students and all those bodies concerned about the VCE will be supported and will continue, as will the excellent professional development program whereby $2 million will be made available for teacher replacement in government schools and for the necessary administrative software to assist schools in implementing the VCE; $2.7 million will also be provided for that. As honourable members who have followed this closely know, the VCE is now very well under way. It is widely supported in the community and in public statements by employers. Honourable members should realise that we are now in the phase where there is still consultation and finetuning. That will be done properly and I will heed constructive criticism in relation to the change. STATE BANK VICTORIA

29 AUGUST 1990 COUNCIL 25

I see the VCE in various settings. I come to it with a fresh mind in tenns of administrative change, but I have to say that, based on what I have seen, I believe it is enhancing the quality of education in schools and is well supported by staff and students. I look forward to being able to make a contribution to the development of the VCE and its introduction into the Victorian school system.

STATE BANK VICTORIA Hon. W. R. BAXTER (North Eastern)-I direct a question to the Minister for Industry and Economic Planning. Is it a fact that the sale of State Bank Victoria was not executed via an open tender process? If this is so, does it mean other assets belonging to the people of Victoria will be similarly disposed of in secret deals? Hon. D. R. WHITE (Minister for Industry and Economic Planning)-The issue of the State Bank was handled by the finn of Merrill Lynch, who received expressions of interest from a number of banks which willingly participated in an appropriate, independent process with which I am sure they are all satisfied.

PETROL PRICES Hon. G. R. eRAWFORD (Jika Jika}-Will the Minister for Prices outline to the House his response to the inquiry by the Prices Surveillance Authority into petrol prices? Hon. B. W. MIER (Minister for Prices)-Today I agreed to increase the trigger price for petrol in Melbourne and Geelong by 3.5 cents a litre to 70.2 cents a litre, in light ofthe Prices Surveillance Authority's decision on increasing the maximum wholesale price for petrol throughout Australia. The decision has been brought on entirely as a result of the international Gulf crisis. The Prices Surveillance Authority decision recognises the di rlieult situation that exists following the Iraqi invasion of Kuwait. The price of crude oil has increased from SUS 18 a barrel to approximately $US29 a barrel. The authority's decision to allow the increase follows the 2l-day price freeze imposed by the Federal Treasurer, the Honourable Paul Keating. The authority has advised the Federal government that oil companies sought increases of between 10.6 and 12.3 cents a litre based on movements in overseas petrol prices. While the Prices Surveillance Authority relies on overseas oil prices in setting the price in Australia, world petrol prices have been increasing faster than oil prices since the Middle East crisis began. I agree with the decision of the authority that Australian motorists should not have to pay higher prices for petrol on account of the rise in profit margins at overseas refineries. The Victorian government has paid more attention to fuel prices than other State governments and is currently the only Stale government to restrict. in any way, fuel prices in a capital city area. Honourable members interjecting. The PRESIDENT-Order! There is too much noise. It is almost impossible to hear Mr Mier, despite the fact that he has quite a loud voice. I ask honourable members to desist from running commentaries and from a barrage of comments from the sidelines so that Mr Mier can answer the question. Hon. B. W. MIER-When the Gulf crisis arose I acted quickly to set a maximum retail price for Melbourne based on the wholesale price frozen by the Federal government. That did not happen in Sydney, where prices continued to be considerably higher than in PEfROL PRICES

26 COUNCIL 29 AUGUST 1990

Melbourne. During the freeze I instructed the Office of Prices immediately to commence formal surveys of petrol prices in Melbourne and I urged consumers to examine price boards closely and not to patronise service stations displaying higher prices. Hon. M. A. Birrell-Sit down! Hon. B. W. MIER-I don 'thave to take that from him. Why don't you sit down, Bighead! ThePRESIDENT-Order! The Minister for Consumer Affairs wasjustified in objecting to a direction from Mr Birrell. The direction comes from me and the Minister is sitting down now.

Hon. M. A. BIRRELL (East Yarra~The Minister is not nonnally so temperamental before dinner! On a point of order, the Minister has now visibly turned to the third page of a typed statement he has clearly been reading. You ruled previously, Mr President, that if there are going to be long statements, as this clearly is, on important topics, they should be dealt with in the form of Ministerial statements. We would be more than happy to entertain that course and, one hopes, debate the matter. We regard this as a very important statement and if it is to be presented it should be presented as a Ministerial statement, now that the Minister is into the third page.

Hon. B. W. MIER (Minister for Consumer Affairs~On the point of order, I am making an important statement and responding to a question. I am attempting to ensure that the House appreciates the situation with respect to petrol prices in the city and this State. If I may, and I assure the House that I will wind up within 1 or 2 minutes-- The PRESIDENT-Order! I think the Minister has transgressed previous rulings. Ministers have been warned on a number of occasions that answers should not be substitutes for Ministerial statements. Because of the length of this answer it really has developed into a Ministerial statement. If the Opposition desires I will give it a chance to move that the House take note of the answer. Having regard to that, I remind Ministers that they must keep their answers within reasonable bounds and that the fonns of the House should not be used to evade proper Ministerial statements on matters that ought to be the subject of considered debate. Having regard to the fact that the Minister is apparently close to the end of his statement, I ask him to conclude in 1 minute. I will then give the Leaderofthe Opposition the opportunity I referred to, having regard to what he said. Hon. B. W. MIER-Thank you, Mr President, I appreciate your ruling. Prior to today's decision the average petrol prices in the cities of Melbourne and Geelong were 63.9 to 64.9 cents a litre. I am pleased to say that, in accordance with my statements, service stations generally have kept well below the trigger price for petrol. I want to commend them for doing that and offering the citizens of Melbourne and Geelong a very good service. There were a few areas where that did not occur but those practices were discontinued after a short period. I wish to point out that price restraint is required in the future and, until such time as the crisis in the Middle East disappears, unfortunately the citizens of this State may be subjected to further increases in petrol and fuel prices. Hon. HADDON STOREY (East Yarra)-I move: That the Minister's answer be taken into consideration on the next day of meeting. Motion agreed to. The PRESIDENT-Order! I inadvertently omitted to call Mr Lawson in his turn. I will therefore call Mr Lawson and Mr Chamberlain successively. MATHEMATICS TEACIIING

29 AUGUST 1990 COUNCIL 27

MATHEMATICS TEACHING Hon. ROBERT LA WSON (Higinbotham)-Is the Minister for Education aware of the statement by Professor Rubinstein, head of the Mathematics Department, University of Melbourne, and President of the Australian Mathematics Society, that mathematics teaching and research in Australia would be seriously damaged by proposed new funding arrangements under which mathematics would be given the same weight as an arts subject? Does the Minister agree that a high level of mathematical skill among graduates is vital to the future of Victoria? If so, will he support Professor Rubinstein's position? Hon. B. T. PULLEN (Minister for Education)-IfMr Lawson is referring to the inclusion of mathematics groups in the Victorian certificate of education-VCE-and the way that is being handled at years 11 and 12 generally, he is probably aware that a number of mathematicians and teachers of the subject have diverse views on the best way mathematics can be placed in the VCE setting. As a consequence of concerns expressed, meetings have been arranged between people preparing the mathematics part of the curriculum and those who have expressed concern about it. As a reSUlt, a fruitful exchange of views has taken place. As a person who has had some interest over the years in mathematics, both as a course and as a subject in its own right, I am concerned that everyone with the responsibility for teaching mathematics, both at the secondary and post-secondary level, who will receive students who have had the benefit of that education, is as satisfied as possible. Mr Lawson will be aware that there is always room for a difference of opinion on how the curriculum should be taught, as there is in many academic areas. Mr Lawson will be aware also that historically the conventional streams of applied and pure mathematics have grown out of the requirements for engineering courses. As I said, a considerable number of useful discussions have taken place. I have every confidence in the people at the Victorian Curriculum Assessment Board who will determine the courses for the VCE. I am sure the gentleman to whom Mr Lawson refers will have his views taken into account and that everybody concerned will be satisfied with the outcome.

PROMOTION OF VICTORIA Hon. B. A. CHAMBERLAIN (Western)-I refer to the advice of the Minister for Industry and Economic Planning given to the Legislative Council on 11 April that 1000 . expressions of interest from overseas companies had resulted from the $9 million promotion contract by the New York firm Burson-Marstellar. Is it a fact that not one firm has been established in Victoria as a result of Burson-Marstellar activity? Hon. D. R. WHITE (Minister for Industry and Economic Planning)-Since I provided that answer, Mr JeffFloyd has been appointed the head of the investment group within the Department of Industry and Economic Planning. I shall arrange for Mr Chamberlain to be briefed by the investment unit on the progress that is occurring with the Burson-Marstellar work. I am pleased that the prospects of securing further investment in this State as a result of Burson-Marstellar work will arise. I am pleased also to be able to inform the House that since it last sat the major profit producer in this State historically over the past twenty years has decided to relocate its head office from Sydney to Melbourne. The government is pleased that Esso Australia Ltd, a major company, has taken the step of recognising the outstanding performance and prospects of this State and decided, as I said, to relocate from Sydney to Melbourne. In the history of this SCHOOL SUPPORT CENTRES

28 COUNCIL 29 AUGUST 1990 country this is a significant transfer of a major multinational company. It is further evidence of the success of the government's efforts in attracting and securing major investors to this State.

SCHOOL SUPPORT CENTRES Hon. P. R. HALL (Gippsland)-I take this opportunity of wishing the new Minister for Education well in his portfolio. I hope he will meet the many challenges he has ahead of him. With the reduced funding to the Ministry of Education announced in the Budget speech yesterday, it was further announced that 3600 jobs would be lost. Can the Minister infonn the House of the effect these cuts will have, in particular on the operation of school support centres? Hon. B. T. PULLEN (Minister for Education)-Along with other departments the Ministry of Education is bearing its share of the savings cuts. Because it is a department that is very labour intensive we have done our best to minimise the effect of those savings cuts on classroom situations and courses, although there will necessarily be some loss of positions. The exercise has been approached by addressing the administrative and support areas and the areas less directly related to the provision of courses first. and classrooms and education areas will be addressed last. I assure Mr Hall that there will be no wholesale closures of support centres. They perfonn particularly important roles in their settings, and we will continue to provide such services for schools. The only circumstances in which I foresee closures occurring are those where support centres may be located in the same area; and in those circumstances we would have to examine whether the services could be provided by only one centre rather than by two. Such situations, I expect, will be few and far between. In isolated areas I believe it is important to maintain the service. As to the question of the provision of services to schools, Mr Han will be aware that for some time questions have been asked about how such services could be better targeted and in what ways support could be better provided. I shall be looking at ways in which we may be able to provide equivalent or enhanced services, which may require changes in operations of support centres. I shall report further to the House when such decisions have been made.

SEC ,CAPITAL WORKS PROGRAM Hon. B. E. DAVIDSON (Chelsea)-The Minister for Industry and Economic Planning will be aware that there have been reports that the State Electricity Commission has adopted a no new debt policy. Hon. Rosemary Varty interjected. Hon. B. E. DA VIDSON-Ifsome people were quiet, perhaps you could hear me. Will the Minister inform the House what this policy is and what impact the policy will have on the SEC's capital works program? Hon. Rosemary Varty interjected. Hon. D. R. White--You weren't listening. Hon. K. M. Smith-It's all right for you; you have the answer in front of you! Hon. D. R. WHITE (Minister for Industry and Economic Planning)-For Mr Smith's benefit, the question is about the SEC's capital works program. WY YANG POWER STATION

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At the recent Premiers Conference Victoria sought $1600 million in new money for capital works as part of our global borrowing limit; it was allocated $1100 million. Therefore we were faced with a major capital works issue that had to be addressed. I remind honourable members that last year the State Electricity Commission borrowed $400 million, which amounted to almost half of its capital works program of $900 million. This year the SEC has decided to change its focus. Hon. B. A. Chamberlain-They were told to. Hon. D. R. WHITE-No, on their initiative. Hon. B. A. Chamberlain-They told me that in the Latrobe Valley. Hon. D. R. WHITE-You should check with the SEC senior management. Senior management of the commission has stated that this year it sought no new money for capital works. Not only that, the commission has embarked on a policy of seeking no further new money for future capital works programs as part of its attempt to reduce its level of debt and the interest payment on that debt. Mr Chamberlain should be aware of the SEC submission to the Industries Assistance Commission inquiry into capital works programs for major utilities. It is clear that the commission will be able to undertake its no new debt policy while securing power supplies for the winter of 1993 by completing unit 1 at Loy Yang and entering into a three-year power supply agreement with New South Wales on attractive commercial terms, which will reduce the level of new capital works activity in both New South Wales and Victoria and help to reduce the overcapitalisation of power stations. In addition, to achieve the target the State Electricity Commission will have to focus on reducing levels of activity that do not form part of its core business. Achieving the target of no new debt requirements means that an increased proportion of capital works will come from internal sources, the current proportion of which is 50 per cent. That will be done without jeopardising the tariff policy of the commission; it will not revert to the pricing policies of the late 1970s and early 1980s. The commission will have to look closely at shedding anything other than its core businesses.

LOY Y ANG POWER STATION Hon. ROSEMARY V ARTY (Nunawading)-I ask the Minister for Industry and Economic Planning: as neither the government nor the State Electricity Commission has capital funds to complete Loy Yang Bland B2 power stations, has the government given consideration to selling Loy Yang B and purchasing the power output from the buyer of the power station? Hon. D. R. WHITE (Minister for Industry and Economic Planning}-Firstly, it is clear that the State Electricity Commission has adequate funds from internal sources to complete the construction of the first unit at Loy Yang B in time to meet power requirements for the winter of 1993. Secondly, it is clear that, as I said in answer to the previous question, the commission will continue to ensure, but at a deferred time, the completion of a second unit at Loy Yang B. As I have indicated to the House on a previous occasion, there will be a substantial deferral in the construction time for units 3 and 4 at Loy Yang. As to the question of asset sales, the Treasurer has made a statement about that in the Budget Papers, and Loy Yang B is not included. PYRAMID-FARROW GROUP

30 COUNCIL 29 AUGUST 1990

PYRAMID-FARROW GROUP Hon. R. A. MACKENZIE (Geelong}-I refer the Minister for Industry and Economic Planning to the appointment of Mr Ken Russell as the administrator in the crisis involving the Pyramid Building Society and his role in that position. Serious concerns have been expressed that Mr Russell has been acting as a liquidator rather than as an administrator, as tenned under the relevant Act. Is the Minister confident that Mr Russell is acting within the tenns of the Act or has the Minister sought legal advice on whether that is the case? If such legal advice has been sought and given, will the Minister make it available to the House? Hon. D. R. WHITE (Minister for Industry and Economic Planning)-I shall take up the matter raised by Mr Mackenzie with my colleague, the Attorney-General.

PATIENT NUMBERS IN PUBLIC HOSPITALS Hon. D. E. HENSHA W (Geelong}-Last year the Minister for Health advised the House of a record number of patients treated in the public hospital system, and I ask the Minister to advise the House of the number of patients treated in the public hospital system during 1989-90. Hon. C. J. HOGG (Minister for Health)-The answer I gave to Mr Henshaw last year was that there was record throughput in the public hospital sector of 6141000 patients being treated in the 1988-89 financial year. I am delighted that in the 1989-90 financial year the number of patients treated in Victorian public hospitals was 6301000, an increase of2.5 per cent, which in difficult budgetary times is a matter for real congratulation. Hon. M. T. TEHAN (Central Highlands}-The Minister for Health has just said that the increase in in-patient throughput last year was 2.5 per cent. The Budget Papers refer to a small growth in the num berof patients and there is no corresponding increase in the allocation of funds for hospitals. Will the Minister inform the House of the precise figure estimated for the percentage increase in in-patient throughput this financial year? Hon. C. J. HOGG (Minister for Health}--I do not know that I can give a precise figure, but certainly the factor usually allowed for in health department papers-Commonwealth and State-is around 2 per cent, allowing for the ageing of the population and various related matters. I assume that we hope to see once again an increase of around 2 per cent.

MUNICIPAL ELECTIONS Hon. R. S. IVES (Eumemmerring}-Is the Minister for Local Government able to report to the House the outcomes of the recent municipal elections? Hon. M. A. L YSTER (Minister for Local Govemment}-I thank Mr Ives for his question. Hon. B. A. Chamberlain-Tell us about the City of Collingwood! Hon. M. A. LYSTER-It is true that there was an interesting result in the City of Collingwood, which I suggest had a lot to do with the dispute between the ColIingwood City Council and the Collingwood Football Club. There were similarly interesting outcomes in Williamstown, Frankston and Heidelberg, but I will not draw attention to His Worship the Mayor of the City of Heidelberg. I prefer to confine my answer to the election processes, and this is the first time they have been tested under the new Local Government Act. MUNICIPAL ELECFIONS

29 AUGUST 1990 COUNCIL 31

I should like to give public recognition to the excellent work done by returning officers in this'election. I have already passed on my thanks to the Institute of Municipal Management. Part of its task was made more difficult by rather mischievous reports which were circulated a week before and which tended to unnerve some people who were already understandably apprehensive about approaching the regulations under the new Act.

However, in conjunction with the Institute of Municipal Management, my department had prepared returning officers extremely well, and it has been said that those elections were the smoothest for many years. There was an excellent advertising campaign conducted by my department.

Hon. M. A. Birrell-Our people vote only once!

Hon. M. A. LYSTER-Those who vote twice are duly and correctly punished.

Together with the Institute of Municipal Management and practitioners in the field, a working party has been established to receive comments from returning officers throughout Victoria as to parts of the regulations that will require some clarification, especially in those few cases where the current regulations appear to be a little ambiguous.

I have asked for the working party to report to me in November and I look forward to hearing from the practitioners in the field as to how the regulations worked for them. The working party will be chaired by my colleague Mr Max McDonald.

Hon. W. R. BAXTER (North Eastern)-On a point of ordcr. Mr President. the Minister's answer, apart from becoming lengthy and being in the nature 01' a Ministerial statement, does not bear any resemblance to the question which was asked. The question went to the matter of the results of the elections, but we have not heard anything about them. I suggest that, if the Minister wishes to regale the House with the intricacies of the voting procedures, she can make a Ministerial statement and we can respond.

Hon. M. A. L YSTER-On the point of order, my responsibility as the Minister for Local Government is entirely restricted to the processes and regulations. I have no input into the political outcome of the elections, so it would be most inappropriate for me to comment on anything other than those processes. I believe my answer is entirely that which would be expected within my Ministerial responsibility and I am giving that appropriate answer to the House.

The PRESIDENT-Order! On the point of order, I had considered ruling the question out of order on the ground that it was too wide and vague and totally unspecific in the request for information and thus it allowed the Minister to be at large in answering it. I did not do so, believing the Minister must have known the purpose of the question. but it does appear that it was a vague question and the answer was wide although it had not yet extended to a Ministerial statement.

Hon. M. A. Lyster-I have finished my answer.

The PRESIDENT-Order! The Minister has interjected that she has completed her answer, so there is no need for a ruling. I ask all honourable members to be a little more specific in their questions than the one that was asked on this occasion. QUESTIONS ON NOTICE

32 COUNCIL 29 AUGUST 1990

QUESTIONS ON NOTICE Suspension of Standing Orders Hon. D. R. WHITE (Minister for Industry and Economic Planning}-By leave, I move: That so much of the Standing Orders as require answers to questions on notice to be delivered verbally in the House be suspended for the siuing of the Council this day. Motion agreed to.

BUDGET PAPERS 1990-91 Hon. D. R. WHITE (Minister for Industry and Economic Planning)-By leave, I move: That there be laid before this House a copy of the following 199091 Budget documents: (a) Budget Speech (Budget Paper No. 1); (b) Budget Strategy and Review (Budget Paper No. 2); (c) The Consolidated Fund (Budget Papcr No. 3); (d) Budget Revenues (Budget Paper No. 4); (e) Program Budget Outlays (Budget Papcr No. 5); (j) Supplem~tary Budget Information (Budget Paper No. 6); and (g) Social Justice and the Budget (Budget Papcr No. 7). Motion agreed to. Papers presented in compliance with foregoing order. Papers laid on table. Ordered to be taken into consideration later this day on motion, by leave, of Hon. D. R. WHITE (Minister for Industry and Economic Planning).

AUDITOR-GENERAL'S REPORT Accident Compensation Commission Hon. B. W. MIER (Minister for Consumer Affairs)-By leave, I move: That there be laid before this House a copy of the Auditor-General's report in relation to the fmancial statements of the Accident Compensation Commission quarterly report for the March quarter 1990. Motion agreed to. Report presented in compliance with foregoing order. Report laid on table. Ordered to be taken into consideration next day on motion of Hon. HADDON STOREY (East Yarra).

PAPERS Laid on table by Clerk: Border Groundwaters Agreement Review Committee-Report for the year 1988-89. Chiropodists Registration Board-Report and financial statement for the year 1989. PAPERS

29 AUGUST 1990 COUNCIL 33

Chiropractors and Osteopaths Registration Board-Report and financial statements for the year 1989. Dried Fruits Board-Report and financial statements for the year 1989. Education Act 1958-Teachers Registration Board (Amendment) Regulations 1990. Groundwater-Report on the Investigation Program for the year 1988-89. Industrial Relations Act 1979-Report of the President of the Industrial Relations Commission on the operation of the Act for the year ended 31 October 1989. Latrobe Regional Commission Act 1983-Latrobe Regional Strategy Plan, April 1990. Parliamentary Officers Act 1975-Statcments of appointments, alterations of classifications and of persons temporarily employed in the Parliamentary departments for the year 1989-90 (ten papers). Physiotherapists Registration Board-Report for the year 1989. Planning and Environment Act 1987-Notices of Approval of the following amendments to planning schemes: Alberton Planning Scheme-Amendment RI. Altona Planning Scheme-Amendment L9. Ballaarat (City) Planning Scheme-Amendments Ll2 and LI4. Ballarat (Shire) Planning Scheme-Amendment L4. Bass Planning Scheme-Amendment LI5 Part lB. Bendigo Planning Scheme-Amendments L8, LI2, L13 and LI9. Berwick Planning Scheme-Amendments Lt7, LI8 Part 1 and L21. Bulla Planning Scheme-Amendments L14. L24to L26 and L37. Buln Buln Planning Scheme-Amendments L5 and L8 Part 1. Camberwell Planning Scheme-Amendments L9 and L13. Camperdown Planning Scheme-Amendment L3. Coburg Planning Scheme-AmendmenL'i L6 and L8. Cranboume Planning Scheme-Amendments L27. L28 Part 1 and R49. Deakin Planning Scheme-Amendments L7 and L8. Diamond Valley Planning Scheme-Amendments L2 and L6. Doncaster and Templestowe Planning Scheme-Amendments L13, L19 and L24. Eaglehawk Planning Scheme-Amendment L9. Eltham Planning Scheme-Amendment L6 Part 1. Flinders Planning Scheme-Amendments L33. L51 and L67. Frankston Planning Scheme-Amendments L9. LlD, Ll3 and RLl06. Geelong Regional Planning Scheme-AmendmenL'i L36. R 18 Part 3R. R29 Part 2. R43 Part 1. R45 Part 1, RL12 and RL38 Part 1. Hastings Planning Scheme-Amendments L7 Part 2 and L 13 Part 1. Hawthorn Planning Scheme-Amendment Ll3. Healesville Planning Scheme-Amendments L13 Part lA and L32. Heidelberg Planning Scheme-Amendments L8 and L19. Horsham Planning Scheme-Amendment L23. Huntly Planning Scheme-Amendment L9. Keilor Planning Scheme-Amendment RLl 04. Kew Planning Scheme-Amendments L6 and L7. Kilmore Planning Scheme-Amendments L26A and L43. Knox Planning Scheme-Amendments L11. Ll5 and L 18 Part 1. Korumburra Planning Scheme-Amendment L 13.

Spring Session 1990-2 PAPERS

34 COUNCIL 29 AUGUST 1990

Lillydale Planning Scheme-Amendments lA4. L51. L55 and L60. Malvern Planning Scheme-Amendment LI. Marong Planning Scheme-Amendment L20. Melbourne Planning Scheme-Amendments L27. lA9 and RLII6. Melton Planning Scheme-Amendment L7. Metropolitan Region Planning Schemes-Amendments R91. R96. RLI30 and RL132. Mildura (City) Planning Scheme-Amendments L7. LI6 and L21. Mirboo Planning Scheme-Amendment RI. Moe Planning Scheme-Amendments L 14 Part Band RI. Moorabbin Planning Scheme-Amendment L8. Momington Planning Scheme-Amendments L9 and L24. Morwell Planning Scheme-Amendment RI. Myrtleford Planning Scheme-Amendment L 19. Narracan Planning Scheme-Amendments L15. LI6 and RI. Northcote Planning Scheme-Amendment L8. Oakleigh Planning Scheme-Amendments L3 and L9. Orbost Planning Scheme-Amendment L15. Otway Planning Scheme-Amendment LIO. Pakenham Planning Scheme-Amendments LI9. L28 and L3I. Phillip Island Planning Scheme-Amendment L 11 Part B 1. Portland (City) Planning Scheme-Amendments L12. L14LO L16. L19 and L20. Pyalong Planning Scheme-Amendment L7. Ripon Planning Scheme-Amendment L6. Rosedale Planning Scheme-Amendment RI. Sale Planning Scheme-Amendments L12 and RI. Sandringham Planning Scheme-Amendment L2. Seymour Planning Scheme-Amendment L2I. Shepparton (City) Planning Scheme-Amendment L25. Sherbrooke Planning Scheme-Amendment L24. South Gippsland Planning Scheme-Amendments L19 and RI. South Melbourne Planning Scheme-Amendments L12 and L15. Springvale Planning Scheme-Amendment lA. St8well (Shire) Planning Scheme-Amendment L16. Stawell (Town) Planning Scheme-Amendment L14. Strathfieldsaye Planning Scheme-Amendmenl~ lA and L6. Sunshine Planning Scheme-Amendment LII. Swan Hill (Shire) Planning Scheme-Amendments lA and L5. Tambo Planning Scheme-Amendment L25. Traralgon (City) Planning Scheme-Amendments L27 and RI. Traralgon (Shire) Planning Scheme-Amendments L32. L34 and RI. Warmambool (Shire) Planning Scheme-Amendment ,lA. Whittlesea Planning Scheme-Amendments L19 and L22. Wimmera Planning Scheme-Amendment L2. Wodonga Planning Scheme-Amendment L7. PAPERS

29 AUGUST 1990 COUNCn.. 35

Woorayl Planning Scheme-Amendments L7 and L24. Yackandandah Planning Scheme-Amendment Lt. Y alloum Works Area Plaming Scheme-Amendment RI. Yarrawonga Planning Scheme-Amendment L 7. Police Service Board: Determination Nos 527 and 528. Determination No. 23 for Protective Services Officers. Statutory Rules under the following Acts of Parliament: Accident Compensation Act 1985- No. 126; No. 149, together with acopyofGroupITI. Parts 4.1 to 4.5,4.12, 7.1, and Tables 2,5 and 6 of Appendix E (as amended by PSD Nos 6 and 9) of the Public Service Board Determinations 1985 which, by section 32 of the Interpretation ofLegislation Act 1984, are also required to be laid upon the Table. Alpine Resorts Act 1983-Nos 103 to 105, 127 and 188. Animal Preparations Act 1987-No. 136. Armual Reporting Act 1983- No. 144, together with a copy of AAS 12-Statement of Sources and Application of Funds Standard, Australian Society of Accountants and The Institute of Chartered AccOlmtants in Australia which, by section 32 of the Interpretation ofLegislation Act 1984, is also required to be laid upon the Table; No. 145, together with copies of the following documents which, by section 32 of the Interpretation ofLegislation Act 1984, are also required to be laid upon the Table: Australian Society of Accountants and The Institute of Chartered Accountants in Australia-Statements of Australian Accounting Standards- AAS1-Profit and Loss or other Operating Statements. AAS 2-Measurement and Presentation of Inventories in the Context of the Historical Cost System. AAS 3-Accounting for Income Tax (Tax-effect Accounting). AAS 4-Depreciation of Non-Current Assets. AAS 7-Accounting for Extractive Industries. AAS IS-Disclosure of Operating Revenue. Audit Act 1958-No. 189. Bees Act 1971-No. 137. Boilers and Pressure Vessels Act 1970-Nos 206 and 207. Building Control Act 1981-Nos 133 and 134. Chiropodists Act 1968-Nos 142 and 205. Chiropractors and Osteopaths Act 1978-No. 185. Conservation, Forests and Lands Act 1987-No. 183. Construction Industry Long Service Leave Act 1983-No. 208. Co-operation Act 1981-No. 192. Country Fire Authority Act 1958-Nos 115, 143 and 180. County Cowt Act 1958- Nos 106 and 129; No. 130, together with a copy of Group rn, Parts 4.1 to 45 and Tables 2 and 5 of Appendix E of the Public Service Board Deterrninations 1985 which, by section 32 of the Interpretation ofLegislation Act 1984, are also required to be laid upon the Table; No. 91. Crimes Act 1958-No. 138. PAPERS

36 COUNCn.. 29 AUGUST 1990

Discharged Servicemen's Preference Act 1943-No. 209. Drugs. Poisons and Controlled Substances Act 1981-No. 141. Evidence Act 1958-No. 172. Fisheries Act 1968-Nos 101. 182 and 193. Forests Act 1958-No. 155. Grain Elevators Act 1958-No. 150. Health Act 1958-Nos 184. 186 and 210. Health Services Act 1988- No. 120. together with a copy of the Medicare Benefits Schedule Book. Department of Comrmmity Services and Health. 1 August 1988 (as amended) which, by section 32 of the Interpretation of LegislationAct 1984. is also required to be laid upon the Table; No. 159. Hospitals Superannuation Act 1988-No. 128. Industrial Relations Act 1979-No. 211. Intellectually Disabled Persons' Services Act 1986-No. 117. Lifts and Cranes Act 1967-No. 212. Lotteries Gaming and Betting Act 1966-No. 160. Magistrates' Court Act 1989- Nos 148 and 168; No. 170. together with a copy of the Commonwealth Taxation Administration Act 1953 which. by section 32 of the Interpretation ofLegislation Act 1984. is also required to be laid upon the Table; Nos 171 and 203. Magistrates' Courts Act 1971-No. 147. Marine Act 1988-Nos 121 and 151. Martial Arts Control Act 1986-No. 176. Medical Practitioners Act 1970-No. 195. Melbourne and Metropolitan Board of Warks Act 1958-Nos 107 to 113. 118 and 125. Metropolitan Fire Brigades Act 1958-No. 181. Metropolitan Fire Brigades Superannuation Act 1976-No. 190. Motor Car Traders Act 1986-No. 194. Optometrists Registration Act 1958-No. 202. Pay-roll Tax Act 1971-No. 198. Penalties and Sentences Act 1985-Magistrates' Court Act 1989-No. 169. Pharmacists Act 1974-No. 196. Post-Secondary Education Act 1978-Nos 139, 140, 157 and 158. Private Agents Act 1966-No. 215. Professional Boxing Control Act 1985-No. 174. Public Authorities Marks Act 1958--No. 119. Public Service Act 1974- Nos 135, 187 and 201; and PSD Nos 10 to 23; PSD No. 24, together with a copy of the Victorian Building Industry Agreement, 1989-1992 which, by section 32 of the Interpretation ofLegislation Act 1984, is also required to be laid upon the Table; PSDNo.25. Racing Act 1958-Nos 116 and 161 to 167. Reference Areas Act 1978-No. 156. PAPERS

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Road Safety Act 1986-Nos 122, 152 and 173. Scaffolding Act 1971-No. 213. Sport and Recreation Act 1972-No. 175. State Bank Act 1988-No. 100. State Electricity Commission Act 1958-No. 146, together with copies of the following documents which, by section 32 of the Interpretation ofLegislation Act 1984, arc also required to be laid upon the Table: DR 89220:R-Performance of Household Electrical Appliances-Clothes Washing Machines (Draft Australian Standard). AS 3163-1985-Approval and Test Specification-Electric Washing Machines for Household Use (as amended). AS 2442-1981-Performance of Household Electrical Appl iances-Rotary Clothes Dryers. AS 1284.1-1985-Electricity Meters-Part 1-General Purpose Watthour Meters. AS 1284, Part 2-1973-Electricity Metcrs-Portable Alternating Current Rotating Standard Watthour Meters. Order in Council declaring certain Electrical Appliances to be proclaimed Electrical Appliances (Gazette No. G1, 3 January 1990). State Superannuation Act 1988-No. 177. Supreme Court Act 1986-Nos 124, 131, 132,153 and 154. Teaching Service Act 1981-Nos 178 and 179. Transport Act 1983-No. 197. Transport Accident Act 1986-No. 123. Water Act 1989-Nos 199,200 and 204. Weights and Measures Act 1958-No. 114. Wildlife Act 1975-No. 102. Youth Affairs Act 1986-No. 214. Tobacco Leaf Marketing Board-Report and financial statements for the year ended 31 March 1990. Western Metropolitan Market Trust-Report and financial statements for the year ended 30 September 1989. Proclamations fixing operative dates in respect of the following Acts: Agriculture Acts (General Amendment) Act 1989-Scction 17-17 July 1990 (Gazelle No. G23, 13 June 1990). Building, Co-operative Housing and Friendly Societies (Amendment) Act 1990-Sections 7 and 8~ July 1990 (Gazelle No. G26, 4 July 1990). Crimes (Blood Samples) Act 1989-Sections Ito 6, 9 and 10-1 June 1990 (Gazelle No. G21, 30 May 1990); section 7-1 September 1990 (Gazelle No. 029. 25 July 1990). Deakin University (W armambool) Act 1990-Sections 5 to 15 and Part 3-1 August 1990 (Gazelle No. G30, 1 August 1990). Fire Authorities Act 1989-Sections 18,24,26 (1). (8) and (9), 31,37,44 (1) and 49-3 July 1990 (Gazette No. S31, 3 July 1990); section 52-31 July 1990 (Gazelle No. S38, 31 July 1990). Fisheries (Amendment) Act 1989-Section 7-1 June 1990 (Gazelle No. 021, 30 May 1990). Land Conservation (Amendment) Act 1990-27 June 1990 (Gazelle No. 025, 27 June 1990). Local Government Act 1989-Section 101-1 M arch 1991; sections 97, 100. 102 to 110 and Schedule 7-1 October 1991; Parts 6 to 8 and sections 207. 221. 229. 230 and Schedule 9-1 October 1992 (Gazelle No. 026,4 July 1990). Magistrates' Court Act 1989-Parts 1.2 (except sections 16 (4) and (5». 3, 4 (except section 52),5 to 7, 8 (except section 141 (3» and Schedules 1 to 8-1 September 1990 (Gazelle No. G29, 25 July 1990). Magistrates' Court (Consequential Amendments) Act 1989-Sections 1 to 3,5 and Schedule-l September 1990 (Gazelle No. 029, 25 July 1990). NOTICES OF MOTION

38 COUNCIL 29 AUGUST 1990

Medical Treatment (Enduring Power of Attorney) Act 1990-6 August 1990 (Gazette No. G30, 1 August 1990). Murray Valley Citrus Marketing Act 1989-Section 12-'{) June 1990 (Gazelle No. G22, 6 June 1990); sections 1 to 11. 13 to 62 and 64 to 93-1 July 1990; section 63-1 September 1990 (Gazette No. G25. 27 June 1990). PelTolewn (Submerged Lands) (Amendment) Act 1990-1 July 1990 (Gazelle No. G24. 20 June 1990). Renewable Energy Authority Victoria Act 1990-1 July 1990 (Gazette No. 025.27 June 1990). Road Safety (Amendment) Act 1990-Section 6-1 July 1990 (Gazelle No. 025. 27 June 1990); sections 5 and 10-1 August 1990 (Gazette No. 029. 25 July 1990). Shop Trading (Amendment) Act 1990-20 June 1990 (Gazelle No. G24. 20 June 1990). Victoria University of Technology Act 1990-ParlS Ito 7. sections 60, 69 (1), 70 and 71 (1)-1 July 1990 (Gazette No. G24. 20 June 1990). Ordered to be taken into consideration next day on motion of Hon. HADDON STOREY (East Yarra).

NOTICES OF MOTION Hon. D. M. EVANS (North Eastern)-I notify the House that I do not intend to proceed with Business to Take Precedence, Notices of Motion, Nos t and 2 standing in my name. Notice ofthese motions was given at the di rection ofthe Legal and Consti tutional Committee. The regulations concerning Notice of Motion No. 1 prescribe the offences for which police officers may fingerprint convicted persons without their consent and without a court order. When the Subordinate Legislation Subcommittee of the Legal and Constitutional Committee considered these regulations it noted that certain relatively minor offences appeared on the list. These included offences undefthe Fireanns Act such as hunting game without a current authority to hunt. The committee raised this issue in the course of its deliberations with the relevant Minister, the Attorney-General, who has now notified the committee that he amended the regulations on 26 June 1990 to remove the minor offences from the list of prescribed offences. In consequence of that decision and action taken by the Minister, the Legal and Constitutional Committee has directed me on its bchalfnot to proceed with Notice of Motion No. 1. With regard to Notice of Motion No. 2, the Subordinate Legislation Subcommittee of the Legal and Constitutional Committee had two questions which it took up with the Minister for Health: firstly, whether routine screenings would still be permitted in community health centres and, secondly, whether advertising of such screenings could be undertaken. In response to my colleague, the honourable member for Murray Valley in another place, who is Chairman of the Subordinate Legislation Subcommittee, the Minister on 8 August said it was clear that changes need to be made to the Act to make provision for screening services. Honourable members no doubt will be aware that the Pathology Services Accreditation (Amendment) Bill was introduced during the autumn siLLings of Parliament with this in mind. With regard to advertising by community health centres, the Minister informed the committee that the board has now agreed to recommend anum ber of substituted regulations which will be less prescriptive and it should satisfy the needs of community health centres and other public screening services. According to the Minister, it is expected that the draft of the regulations will be available before the cnd of August for consultation with relevant groups. STATE BANK GROUP and TRICONI'INENTAL CORPORATION LTD.

29 AUGUST 1990 COUNCIL 39

In view of those promises by the Minister, the Legal and Constitutional Committee has instructed me that the protective Notice of Motion No. 2 should not be proceeded with, and I so notify the House.

STATE BANK GROUP and TRICONTINENTAL CORPORATION LTD. Hon. M. A. BIRRELL (East Yarra)-By leave, I move: That this House-

(a) rej~ts and condemns the government's proposal to establish an inadequate and l~ited inquiry into the management of Tricontinental Corporation Ltd; and (b) insists that a full and proper Royal Commission with broad terms of reference be established immediately 10 inquire into all issues surrounding the losses of the State Bank group. The people's bank, State Bank Victoria, is broke. For 146 years the State Bank served Victoria well. In the past two years, because of the Labor Party's direct intervention and mismanagement, the State Bank has been clippled and now has to be sold for a pittance. The government's response to the cause of the State Bank's losses has been a mixture of lies, half-truths and a cover-up. The terms of reference announced yesterday by the Attorney-General to establish a Royal Commission into Trieontinental Corporation Ltd are cynically designed to ensure that the cover-up continues. The sole purpose of the tenns of reference is to ensure that the blame stops in Elizabeth Street and does not stop in Spring Street. The intention of the government is clear. It does not want the fonner Treasurer, the honourable member for Doveton; or the fonner Premier, the honourable member for Bundoora; or the present Treasurer, or other Ministers who are culpable to be held responsible for their actions. The intention of the government is clear: it wishes to find a scapegoat and it hopes that the Royal Commission fulfils that purpose. The Royal Commission's terms of reference, as announced by the government, are calculated to conceal the truth and divert attention away from the government's direct failures. They are designed to find a scapegoat. The terms of reference have been carefully structured and worked out by Cabinet to quarantine the lines of inquiry. I believe the terms of reference and the intention behind them are dishonest and misleading and. as a result. the inquiry will be dangerously inadequate. Today the Opposition says that the terms of reference must be changed or the inquiry will not have the credibility it so richly deserves. If the terms of reference are not changed the inquiry could never be called comprehensive. If the terms of reference are not changed the issue of who is responsible for the billions of dollars lost will never be put beyond doubt. Victorians want a lesson to be learned from the mistakes of the Tricontinental saga but this inquiry has been structured so that Victoria cannot learn the lessons. It has been structured so that full attention is paid to the directors. employees or auditors of Tricontinental rather than being quite clearly an inquiry into anyone associated with Tricontinental. The divided and dispirited government is still relying on the old excuse: "We had nothing to do with it. " It is still relying on the old escape route-the cover-up. The Opposition completely rejects the terms of reference that have been put forward because they do not go far enough. The powers of the inquiry appear to be adequate but a powerful inquiry is useless if it is limited in the scope of its work. STATE BANK GROUP and TRICONIINENIAL CORPORATION LTD.

40 COUNCIL 29 AUGUST 1990

The Opposition draws on two most unusual sources in support of its claim that the inquiry must be broadened. The first is a comment made by the Federal Treasurer, Paul Keating. He is reported in today's Sun newspaper, which states he said: ... the State Treasury had inadequately supervised the State Bank and implied there should have been more rigorous inspections. The Federal Treasurer knows who the crooks are; he knows who is to blame for the billions of dollars lost, but the terms of reference established by the government are designed to ensure that the Federal Treasurer's cause of concern cannot be properly investigated. If the concerns were investigated it would be incidental or even accidental but not deliberate. A professional Royal Commission cannot be held if the terms of reference do not give a guide to the Royal Commissioner as to areas ofinquiry that he should inspect. The second perSon who believes the inquiry is not good enough is none other than the Secretary of the Victorian Trades Hall Council, John Hal fpenny; his comments show a breadth of con~m. On 29 August he was reported in the Sun newspaper, which states: Trade union leader John Halfpenny said the inquiry should be widened. The Trades Hall Council secretary said the inquiry should investigate the influence of government Ministers. John Halfpenny, like Paul Keating, knows that the inquiry will not get to the nub of the problem. Thetenns of reference of the inquiry have been deliberately constructed to guide the Royal Commissioner to the board an4 employees ofTricontinenLal, and to guide him or her in one direction. Every explicit reference to a person in those terms of reference is about the director or directors, or the officers, the auditor, the valuer, or the advisers to the group. Indeed, the silence is deafening. There is no specific reference to government Ministers, government departm'ents, Ministerial advisers or other individuals who are associated with Tricontinental. - It is overwhelmingly cle'ar that the Royal Commissioner is expected to look inside Tricontinental but not beyond it. Hon. D. R. WHITE (Minister for Industry and Economic Planning)-On a point of order, Mr President. the tenns,of reference as contained in the press release concerning the matters to be investigated include, at point 2, reference to what matters, events or circumstances caused the collapse of the group. Hon. M. A. Birrell-What is your point of order? Hon. D. R. WHITE-Mr Birrell is trying to indicate to the House that the tenns of reference are somewhat inadequate and will not enable the Royal Commissioner to call a Minister or a public s~rvant, and that is not correct. The PRESIDENT-Order! There is no point of order. The Leader of the House is seeking to answer the argument of Mr Bifl'ell in advance of it being made. No doubt Mr Birrell will be refening in some detail to the terms of reference. Hon. D. R. White (to HQn. M. A. BirreU)-1f a Minister or public servant can be called, what is your point? The PRESIDENT-Order! Mr Birrcll has virtually not started upon his argument. Hon. D.R. White-He' has not got an argument. The PRESIDENT-Order! He has not had an opportunity of advancing it. Hon. Robert Lawson-The point of order is interrupted. STATE BANK GROUP and TRICONflNENJAL CORPORATION LTD.

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The PRESIDENT-Order! Mr Birrcll may proceed with his case. There is no point of order. He may refer to the terms of reference and develop his argument. Hon. D. R. White-You have to show how they are inadequate. Hon. M. A. BIRRELL (East Yarra)-As Paul Keating and John Halfpenny said, the tenns of reference are inadequate. Hon. D. R. White-In what form? Hon. M. A. BIRRELL--In every aspect of the terms of reference. Hon. Licia Kokocinski-Don't ramble; what are they? Honourable members interjecting. The PRESIDENT-Order! Mr Birrell is entitled to develop his argument in his own way, as other honourable members will be entitled. I ask the House to lerMr Birtell proceed' with his argument. Hon. M. A. BIRRELL--Extra terms of reference are needed if this inquiry is to have any standing. I seek to look no further than the terms of reference that were set for the Royal Commission into what was known as the lands deal. I ask the government, if it has any integrity, to rely on those terms of reference as a model. I contend that the government has not used those tenns of reference as a model because it is trying to cover up the guilt of its mates. I suggest three extra terms of reference to make this inquiry credible. The first deals with whether the Royal Commissioner should be able to inquire into whether there was dishonesty, impropriety, malfeasance or negligence on the part of any person. Hon. G. A. Sgro-Any crooks whatsoever should be brought forward. Hon. M. A. BIRRELL--Mr Sgro says he agrees with it. Secondly, the Royal Commission should be able to inqui re into whether there was any failure on the part of any Minister of the Crown, officer or government dep'artment to conduct appropriate administration, supervision or monitoring. Thirdly, the Royal Commission should be able to inquire into whether government policy caused or contributed to any losses incurred. There is an overwhelming argument that the inquiry should be expanded to cover the State Bank group, not just Tricontinental Corporation Ltd. It is part of t~e ruse and cover-up that the inquiry is being restricted solely to Triconlinental companies rather than the State Bank group. By doing that the government is not only saying the Royal Commissioner will not have the scope of reference that he needs but also that he will not even be allowed to inquire into the State Bank group as a body. The Opposition demands that those three extra terms of reference be given to the Royal Commissioner. If they are not, another Royal Commission will be needed. On behalf of Victorians who will have to pay for the losses, the Opposition makes it clear that it will not accept the terms of reference thalare proposed forthequasi Royal Commission~ The proposal is dishonest and it will restrict the activities of the Royal Commissioner. I ask the Minister for Industry and Economic Planning, who I hope wi1l respond promptly on behalf of the government, to reflect on the Victoria Government Gazette of Wednesday, 20 June 1979, where the appointment or the Royal Commissioner into the land deals was STATE BANK GROUP and TR1CONI'INENTAL CORPORATION LTD.

42 COUNCIL 29 AUGUST 1990 announced. That Royal Commissioner was given one particular power to inquire into whether there was "dishonesty, impropriety, malfeasance or negligence on the part of any person". That power was given to the Royal Commissioner to inquire into the land deals but the same power is not proposed to be given to the Royal Commissioner inquiring into State Bank. Victoria losses. Instead, the government has tried to con the public and the media into believing that the powers somehow exist under the second term of reference which asks "what matters, events or circumstances caused the collapse of the group" , but no-one with any legal training or understanding believes that the Royal Commissioner, who will hopefully be someone of senior legal standing, will read one term of reference in isolation from the others. They are read together, and the whole tenor of the terms of reference is that every single specific reference to any person is to a director or a senior member of Tricontinental Corporation Ltd. There is no specific reference to a general right of inquiry into the Tricontinental failure, and the government has made sure in its meeting of Cabinet that there cannot be a general inquiry. I shall read the first proposed term of reference. Once again, it is part of the con. The people who wrote the terms of reference have been too smart by halfbccause the first point refers to" an inquiry into whether any person has contravened or rai led to corn pi y wi th legislation" . It is saying that the Royal Commissioner is specifically prohibited from inquiring into anything other than broken legislation by any person-that is all. He is not allowed to look at policy failure, incompetence, malfeasance or negligence. Hon. D. R. White-Read point 2! Hon. M. A. BIRRELL-All right, I shall go to the second term of reference. It makes no reference to individuals and gives no guidance to a Royal Commissioner. From what the government and the Attorney-General have been saying publicly, and from what has been reported in the Herald, the inquiry will be looking at catching the directors and staff of Tricontinental. The Opposition does not accept that, and the government will not be allowed to get away with another chapter in the hook of cover-ups. There are extra terms of reference to the two I have cited. I want to hear the Minister say one of two things: either that he will incorporate those terms of reference or that he will write to the Royal Commissioner on behalf of the government saying he believes the three terms of reference that the Opposition put forward are embraced in his general powers. He must either write to tell the Royal Commissioner that he can inquire into those matters, or he must change the terms of reference. The Opposition wants to ensure that the inquiry is not just into Tricontinental but also the State Bank group. What is the fear? Hon. D. R. White interjected. Hon. M. A. BIRRELL-I look forward to the Minister's comments. If he agrees with the Opposition that its terms of reference are acceptable, I challenge him to include them. Hon. D. R. White-Read the second one. Hon. M. A. BIRRELL-It is not good enough. The Minister cannot expect the Royal Commissioner to turn to Hansardto read a sly interjection saying it is an covered. The Royal Commissioner must be unequivocally clear as to what his powers are. If the Minister is prepared to expand the Royal Commissioner's powers beyond what is on the face of it unclear, the Opposition will accept it. Hon. D. R. White-Refer to the second alternative. STATE BANK GROUP and TRICONTINENfAL CORPORATION LTD.

29 AUGUST 1990 COUNCIL 43

Hon. M. A. BIRRELL-Will the Minister write to the Royal Commissioner on behalf of the government to outline the terms of reference and explain that they include an unambiguous power to inquire into dishonesty, impropriety, malfeasance or negligence on the part of any person? Hon. D. R. White-We are saying the second alternative should be proposed. Hon. M. A. BIRRELL-That is the second alternative; that was it. The Minister does not listen and cannot be trusted. He should change the terms of reference or make it quite clear in a letter what the terms of reference are-that is, that they are the terms of reference I have proposed. Hon. D. R. White-The terms of reference sweep up those powers. Hon. M. A. BIRRELL-The Minister is not prepared to make those powers available. It is obvious from his behaviour that he wants to restrain the Royal Commissioner. The Opposition wants to know exactly what the Royal Commissioner will be able to do because it is not prepared to see a tame cat inquiry set up that catches a few small players and lets the major players go. The Opposition does not only want Ministers to be questioned before the Royal Commission; it wants Ministers and their agents to be the subject of the Royal Commission. The Tricontinentallosses did not happen on thei r own. They happened because of deliberate government policy. The terms of reference that the Opposition are calling for must be put in place and must be unambiguous to the Royal Commissioner, otherwise he will be investigating only a small part of the problem. Th~ Opposition wants the Royal Commissioner to be asking questions about whether the Treasurer or Cabinet required independent advice on the acquisition of Tricontinental before approving the purchase by State Bank. Victoria. It wants the Royal Commissioner to be able to ask the questions, but under the terms of reference that is in doubl. It should not be accidental or incidental; it should be a deliberate, specific statement. The Opposition wants to know what reporting mechanisms were put in place by the Victorian Cabinet, particularly the Treasurer and the then Minister for Industry, Technology and Resources, after the acquisition by State Bank Victoria of Tricontinental Corporation Ltd. Was any testing done on behalf of Victorians to ensure that the bank would not lose all the money that it ended up losing? What did the government put in place. or did it do nothing? The answers to those questions will not be found unless the terms of reference are altered, giving the Royal Commissioner a wider brief to include the State Bank group in all the investigations and calculations. The inquiry cannot be into only Tricontinental. Unless the government is trying to cover up for the people that it fears will be caught, why would the Royal Commission inquire into only Tricontinental? The Opposition wants the Royal Commissioner to establish what actions were taken after the purchase of Tricontinental to ensure that adequate controls were exercised over the activities of that organisation. If that is not done, we will not learn the lesson and the same mistakes may be made again. Honourable members have discussed the Victorian Economic Development Corporation in this place. They have discussed the losses of the Victorian Investment Corporation and the losses of State Bank Victoria. To be frank, we did not think the situation would repeat itself about every four or five months. However, it will continue to repeat it~elf so long as this government remains, unless we learn the lessons. The Royal Commissioner should be able STATE BANK GROUP and TRICONTINENJAL CORPORATION LTD.

44 COUNCIL 29 AUGUST 1990 to pass on those lessons, but ifhe is allowed to examine only a limited area, he will be debarred from doing so. The Opposition also wants to know what the elements of the capital losses of Tricontinental Corporation Ltd were in 1989 and why the estimates were so far from the actual losses. That cannot be done properly unless there is an inquiry into the conduct of State Bank Victoria as well, and not simply Tricontinental, because to a large extent in many of their negotiations they were absolutely indistinguishable. In addition, why should the Royal Commissioner not be able to inquire into the State Bank's losses? This year, in its ordinary operations, the State Bank made losses of several hundreds of millions of dollars, but that has been excluded quite deliberately from the tenns of reference. The Opposition wants to know why, even forgeltingTricontinental, the State Bank made losses. What were the reasons for them? Was it because of the National Safety Council of Australia or other matters? How can we have trust in the financial position unless we have that full and unequivocal inquiry? The three extra tenns of reference and the broadening of the inquiry that the Opposition seeks today are absolutely necessary if we are to find out the truth. In particular, if these terms of reference are accepted we will be able to find out the answer to the most puzzling question: what was the relationship of the government, the Labor Party, the bureaucracy and the State Bank. in relation to some of the deals? We will be able to find out about the funny money arrangements about purchasers, where suddenly it was not the State Bank buying something but Tricontinental; or suddenly it turned out to be the Gas and Fuel Superannuation Board, and all the mates became the conveyors of the idea. Why did it occur? If the additional terms of reference are accepted we will be able to find out why the money was actually lost. We have been told in this House time and again that there is no need for a Royal Commission; that there is no need for that type of inquiry. The Leader of the Government in this House, the Minister for Industry and Economic Planning, said' 'No" to a Royal Commission and voted against establishing a Royal Commission only a matter of months ago. He made it quite clear that he believed there was no need for one. He was strident in saying there was no need for a Royal Commission. He now shakes his head. I suggest that he read Hansard of 14 March 1990 and examine page 276 to seejust how he voted; he voted against the motion to establish a Royal Commission. He was strident, confident and, dare I say, even cocky. It was a last burst of power from a man who had lost his factional base and who had to cover up for the losses of the State. The Minister is the last remaining member of the quadrella: Cain is gone, Jolly is gone, Walker is gone, and White is yet to go. The Minister arrogantly said there was no need for an inquiry. I invite honourable members to examine the second term of reference. It does not actually say what the Royal Commissioner can do, but the government believes it is enough. It is not enough. It will not be acceptable. The Minister should use the land deals Royal Commission as a precedent. Ifhe does not use it as a precedent, people will know that he is running away. We have been told time and again in this Chamber that there is no problem, yet on 7 March 1990 the Minister said confidently and with a sense of optimism ringing in his voice: The financial difficulties of the State Rank group derived from the operations of Tricontinental and do not reflect any weakness in the State Bank iL~clr. I do not know whether the Minister has read the yearly results of the State Bank. The State Bank. is weak and was weak. It lost hundreds of millions of dollars in its own right, regardless of the Tricontinentallosses. STATE BANK GROUP and TRICONTINENTAL CORPORATION LTD.

29 AUGUST 1990 COUNCIL 45

Hon. D. R. White-So we must have got a good price for it! Hon. M. A. BIRRELL-Yet the Minister said on 7 March it was all good. To put the cream of incompetence on to the cake of incompetence, the government could not even get a good sale price and sold the State Bank to the lowest bidder. That is another story, and it will be another part of the Labor government's epitaph. It will be remembered, not for its modern money management that it promised in 1982, but for the losses that we will have to live with for the next two decades. If the Minister can be proud of that, good luck to him, but it is the type of thing that I would be ashamed of. Today, the Opposition is determined to add to the weight of public opinion by saying we will catch out the crooks. When the Minister for Industry and Economic Planning said on 7 March that the bank was fine and profitable, we know he was not telling the full truth. As recorded at page 59 of H ansard in the debate on financial management, the Minister also said with a degree of optimism: However, as the Tricontinental problems are put behind it, the government will be looking to the State Bank to earn increased profits so that an increased tax and dividend flow is available to offset the cost of the Budget of the agreements described here. Hon. B. A. Chamberlain-When did he say that? Hon. M. A. BIRRELlr-It was on 7 March 1990 that the Minister was telling the House that the government would look for increased profits from the State Bank. That is how incompetent Labor is at managing something that used to be profitable! Now, as a direct result of its incompetence and mismanagement, there is a loss. In answer to a question asked by Mr Hallam on 7 March, the Minister said: The government has taken steps to preserve the standing and integrity of the State Bank's operations in the future. He said the government had taken the necessary steps. I want the Royal Commissioner to inquire into the steps the Minister said the government took. If the Minister is confident that the Royal Commissioner can do it, he should take it on the chin and put in a specific term of reference. If he is not confident about that, he will look like a coward and be seen to be running away from the inquiry that people want. There were comments from other honourable members. There was the real heavyweight of this place, Mr Theophanous! What did he tell the House? On behalf of the government, because he is the chairman of the relevant economics committee of the caucus, Mr Theophanous said, as recorded at page 304 of H ansard for 14 March 1990:

I believe the Opposition wants government intervention, but it wants to privatise the State Bank and sell it off like its Federal counterpart wants to sell off the Commonwealth Bank ... Poor old Mr Theophanous was terrified that we wanted to privatise the State Bank! Heaven forbid that we should want to sell it! He went on to say: It is not as if the State Bank bought a merchant bank arm that was not profitable. One can argue about the extent of its profitability, but there is no doubt it was profitable. Here is the future strength from the backbench of the Labor Party! The Opposition knows there is a vacuum of leadership, but look at what the Labor Party has to rely on now! This is not directly relevant to the debate, Mr President, but I must quote this statement because it is the piece de resistance of what we can expect from the Labor Party. During the debate on financial management that took place on 7 March Mr Tbeophanous said: STATE BANK GROUP and TRICONI'INENTAL CORPORATION LTD.

46 COUNCIL 29 AUGUST 1990

The Victorian government introduced the family budget pledge which guaranteed low taxes and charges ... The government said it would not raise taxes and charges ... It is a pledge; it is not pie in the sky stuff; it is part of the Labor government's policy. The PRESIDENT-Order! Mr Birrell is right in saying it is not relevant to the debate. Hon. M. A. BIRRELL-I withdraw that, Mr President. It is unequivocally an indication that this government is bankrupt when it comes to leadership and direction. The government has lost its way, because its policies turned out to be failures. We seek a full Royal Commission, not so that we can just penalise those who have made the mistakes but so that the mistakes will not be repeated. When we examined the terms of reference that were issued by way of press release by the Attorney-General last night, in an attempt to ensure that we covered all the possibilities of what can be done by that Royal Commission, we reached two conclusions. One is that the powers of the Royal Commission appear to be adequate. The second was that the work that the Royal Commissioner has been asked to conduct is woefully inadequate, unless the terms of reference are altered. I have given the Minister for Industry and Economic Planning two options: to incorporate these new references in the terms of reference of the Royal Commission or to write to the Royal Commissioner saying on behalf of the government that the new references are ones he believes the Royal Commissioner should follow. If that does not occur the cover-up will become legend. The Opposition has said that one cannot be optimistic about State Bank Victoria and the finances of the State. One cannot be clever about the losses and one cannot continue the secrecy and the silence. This is a phoney Royal Commission designed by cynics to stop the truth coming out. I conclude by referring to some of the important questions that have to be asked by a Royal Commission and a Royal Commissioner. The Age editorial of 28 August 1990 states: The challenge now facing Mrs Kirner may test her more than the decision to sell. But she must not shirk it. Victorians are entitled to believe that they have been grossly betrayed. They want to know how such a thing could have happened. The editorial then asked how these things happened: When was the first whistle blown'? Who heeded it, and who ignored it'? When did responsible Ministers know'? When did the Reserve Bank know'? And, if it was too late, why'? Who, at the political and managerial levels. are the legally or morally guilty men'? And how will they be dealt with'? The Opposition wants to know who the guilty people were, but it will not find that out from the inquiry unless by accident or because the Royal Commissioner reads his terms of reference to the extremes of possibility. It is a matter of clear thinking. If the government believes the terms of reference are sufficiently broad, the Opposition is happy to adopt a bipartisan approach to the Royal Commissioner. The Opposition believes the terms of reference must be broader than they presently are and have to cover more than just Tricontinential Corporation Ltd. The Opposition challenges the government to do something more than say that the Cabinet deal on the terms of reference is as far as it will go, because controlled and contrived terms of reference will not achieve the end that Victorians want in the search for the crooks and the fools who lost billions of dollars of taxpayers' money. The Royal Commissioner must be unfettered in his ability to look for the causes. He should be given specific rights to inquire into the dishonesty, the impropriety, the malfeasance or the negligence of any person. He should be given an identical power to the Royal STATE BANK GROUP and TRICONI'INENJ'AL CORPORATION LTD.

29 AUGUST 1990 COUNCIL 47

Commissioner who inquired long and hard into the land deals. Why should not that precedent be followed? Today is another chapter in Victorians fighting back and saying, "We want the answers". The government has conceded the first round by saying that there is a need for at least some inquiry, but there will be a need for another Royal Commission unless this inquiry is widened. A phoney Royal Commission with limited tenns of reference is not good enough. Hon. D. R. WHITE (Minister for Industry and Economic Planning)-I shall respond to paragraphs (a) and (b) of the motion but, before doing so, for the benefit of honourable members, I refer to the setting earlier in the year when the government indicated that it was not prepared to have a Royal Commission into Tricontinental Corporation Ltd. The government was not prepared to hold a Royal Commission into that entity earlier in the year because of the way it may have affected the confidence of depositors and commercial note holders in State Bank Victoria. I also make it clear that it is not the government's intention, as indicated in paragraph (b), to conduct an inquiry into the operation of the State Bank as it currently stands. The government believes the State Bank--even though it has suffered losses, like some private banks-should not be the subject of a separate inquiry. In respect of the substantive points Mr Birrell raises in paragraph (a) of his motion, I make this observation and this point: I have just been handed a document setting out the matters covered by Mr Birrell, and I shall read them into the record for the benefit of honourable members and then indicate to the House how the government intends to deal with this matter:

1. Whether there was dishonesty, impropriety, malfeasance or ne~ligence on the part of any person. 2. Whether there was any failure on the part of any Minister of the Crown, officer or Government Department to conduct appropriate administration, supervision or monitoring. 3. Whether government policy caused or contributed to any losses incurred. In respect of those three matters and any other matters that Mr Birrell has raised by way of debate, I indicate that the government-I speak now on behalf ofthe Attorney-General-will write to the Royal Commissioner saying that the tenns of reference have been drafted in a fonn that is broad enough to incorporate the three matters raised by Mr Birrell plus other matters he has raised in debate in relation to the activities of Tricontinental. If other honourable members have matters relating to Tricontinental that Mr Birrell has not dealt with that they believe ought to be examined, the government will have regard to those as well. A letter will be sent by the Attorney-General to the Royal Commissioner to make it clear and explicit that he should incorporate matters raised by Mr Birrell. Hon. B. A. Chamberlain-Is this for the State Bank too? Hon. D. R. WHIT&-In reply to Mr Chamberlain's interjection, I make it clear that the substantive issue before the House relates to Tricontinental. As I said earlier in the year, the government is not contemplating any fonn of inquiry which undennines in any sense the confidence depositors or commercial note holders have in the State Bank. Hon. K. M. Smith-you have flogged it off. Hon. D. R. WHIT&-The State Bank will continue to operate as a going concern, and it must be made clear that the day-to-day operation of a bank such as the State Bank depends, as with any bank or fmancial institution, on the confidence people have in that bank. Honourable members must understand that, since March, the sale of the State Bank has been divorced from the activities of Tricontinental. The investigation will be into Tricontinental and it will be broad enough, despite what the Leader of the Opposition said on radio today: STATE BANK GROUP tmd TRICONI'INENfAL CORPORATION LTD.

48 COUNCIL 29 AUGUST 1990 that no Minister or public servant will be able to be called before the Royal Commission. That is not the fact The tenns of reference enable any Minister or any member of the public to be called. I place on the record this statement: The Royal Commission to be undertaken into the affairs of the Tricontinental group is unprecedented in the width of its terms of reference and its powers. Its pow~s are wider than those of a normal Royal Commission. A Royal Commission established in Victoria cannot proceed beyond the State boundaries. A person called before a Victorian Royal Commission may refuse to answer questions on the grounds of self-incrimination. The Tricontinental Royal Commission will extend beyond the boundaries of Victoria and will not be hampered by witnesses pleading the privilege against self-incrimination. All this is so because the Tricontinental Royal Commission will. in addition to having the powers of a Royal Commissio~ have the powers of an investigator under the Companies (Victoria) Code and of a hearing under the NCSC Act The terms of reference of the Tricontinental Royal Commission are broad and far-reaching. They include investigation as to whether any person has committed anr offence under or has contravened or failed to comply with the legislation relating to companies and securities m each State and Territory of Australia or the criminal law of Victoria or any other State or Territory; whether any officer or employee of any of the companies in the Tricontinental group has engaged in illegal. improper or corrupt activities or has acted in breach of duty; what matt~s and events have caused or contributed to the present financial position of the Tricontinental group; whether any auditor. valuer or adviser to any company in the Tricontinental group acted in breach of duty or made false or misleading statements or furnished false or misleading information; whether the affairs. activities and transactions of the Tricontinental group were adequately or properly supervised. directed or controlled by officers and directors of the Tricontinental group and executives and directors of State Bank Victoria; whether any person is liable to make restitution or pay compensation to the Tricontinental group or to State Bank Victoria- Hon. R. J. Long-What about the State Bank? Hon. D. R. WHITE-By way of response to the interjection, I point out that there were directors who were common to both Tricontinental and the State Bank. The statement continues: ... whether changes to the laws relating to companies and securities should be made as a result of any of the matters ascertained in the course of the investigation. The supervision or lack of supervision provided by executives and directors of State Bank Victoria is clearly within the terms of reference of the investigation. The investigation will have full power to subpoena witnesses. including government Ministers. Commiual proceedings have already been held in relation to charges arising out of the affairs of the Tricontinental Group. To avoid prejudicing these proceedings. the terms of reference have been drawn so as to provide that nothing in them shall require an investigation into any transaction which has been made the subject of a criminal charge. In addition. and in furtherance of protecting such proceedings. the commission will have power to conduct parts of its inquiry in camera. I will come back to Mr Smith's interjection. We are saying that the three points plus the matter raised in debate are covered in the tenns of reference of the Royal Commission. In response to the Leader of the Opposition, the Opposition is seeking clarification of that for the Royal Commissioner; and the Attorney-General has indicated that the government is prepared to write to the Royal Commissioner outlining the matters raised by the Opposition in debate, to ensure that it is clear to the Royal Commissioner that those matters are to be dealt with by him. In regard to the State Bank I repeat my point: it is a viable, ongoing bank, excluding Tricontinental; otherwise the sale would not have attracted a commercial price. State Bank Victoria will continue to operate in its current name. In the interest of confidence in that bank we are saying that no substantive case has been raised regarding this issue, and we hasten with caution in proceeding with a Royal Commission into any of the private banks' losses as well as into the State Bank. The logic of what the Opposition is saying is that if there is a STATE BANK GROUP and TRICONIINENI'AL CORPORATION LTD.

29 AUGUST 1990 COUNCIL 49 cause for concern in looking at the losses of the State Bank, excluding Tricontinental, the Opposition would want to lead the same sort of argument in respect of the losses of all major banks in the country. We do oot believe it is in the interest of confidence in the financial institutions for that to occur. In conclusion, the government will not support paragraph (b) of the motion and does not believe the terms of the inquiry are inadequate or limited. We will take steps to demonstrate that to the community and to the Opposition by having the Attorney-General correspond with the Royal Commissioner in the terms that the Leader of the Opposition has suggested. For those reasons the government opposes the motion. Hon. HADDON STOREY (East Yarra}-I appreciate the points made by the Leader of the House. It is a recognition that the points made by Mr Birrell are very significant and that those three points he mentioned ought to be considered by the Royal Commissioner. The Minister has acknowledged that that should occur. I will explain briefly why the Opposition does not believe they are covered by the terms of reference. I appreciate what the Minister has said and I believe that is a signal step fOlWard because it will make it clear that the government believes the terms of reference cover these three points. A Royal Commissioner operates with powers conferred by his formal and official terms of reference. If somebody is affected by what the Royal Commissioner is inquiring into and challenges the ability of the Royal Commissioner to investigate a particular matter, the Royal Commissioner can continue to operate and investigate that particular matter only if it is legally covered by the terms of reference. We welcome and thank the Minister for his concession, which goes a long way towards that, but it is still open for a party to take a legal challenge against the Royal Commissioner for operating outside the terms of reference, and that challenge will be decided not on the basis of the Minister's letter but on the basis of the formal terms of reference. I ask the Minister to go one step further. If the Minister and the government are not prepared to amend the terms of reference to incorporate these three points, then I would seek an undertaking that, having written the letter, if at some stage during the course of the Royal Commissioner's inquiry he determines that despite the letter he is restricted by his terms of reference and is not able to investigate one or any of these three matters, the government will formally amend the terms of reference to put the matter beyond question. I am prepared to accept that undertaking if the Minister will indicate that he will do thal I will just shortly explain why the Opposition has that apprehension about the terms of reference. Hon. D. R. White-We accept that. Hon. HAD DON STOREY-If the Minister is prepared to do that now, I am happy to sit down for a moment and then resume my speech by leave. Hon. D. R. WHITE (Minister for Industry and Economic Planning) (By leave)-In response to Mr Storey, if the Royal Commissioner during the course of the conduct of his investigations in response to some concerns raised by any party or by the Royal Commissioner himself or herself should have concerns that the terms of the inquiry are not broad enough to embrace the three points raised by the Leader of the Opposition, then notwithstanding the letter that he or she has received from the Attorney-General, the government will take steps to amend the terms of reference to have regard to those concerns or investigations. STATE BANK GROUP and TRICONIINENI'AL CORPORATION LTD.

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Hon. HADDON STOREY (East Yarra) (By leave)-I accept the Minister's undertaking on behalf of the government and thank him for doing that. In those circumstances it is not necessary for me to canvass the reasons why we believe these three points are not covered by the terms of reference. I shall now deal with the other aspect of my Leader's motion, that is, that the terms of reference should be broadened to cover the operations of the State Bank. It is a fact that Tricontinental was a subsidiary of the State Bank. It operated as a part of the State Bank group and there is no doubt that the State Bank as such was affected by the operations of Tricontinental and by what happened to Tricontinental. It is artificial to say that it is possible to have a Royal Commission into the operations of Tricontinental without also considering the effect on the State Bank. Under these terms of reference, even in the broadened form to which the Minister has agreed, there will not be a capacity for the Royal Commission to investigate what has happened to State Bank Victoria. The Royal Commission will come up against a barrier every time it is looking into these matters because the Royal Commissioner cannot inquire into the operations of the State Bank itself. If one examines the yearly results of the State Bank, made available just a couple of days ago, it is absolutely obvious that an interrelationship exists between the two. In the yearly results the statement is made: The year's recorded results also disguise a poor performance by the bank from its core operating businesses. So there is concern about the bank itself. It then goes on to deal with Tricontinental, and it states: The vision whereby the former State Savings Bank of Victoria was to be transformed into a full service commercial bank was given effect in the early 1980s. It again explains the operations of the subsidiary Tricontinental and states: History has shown that the group's expansion- "the group" being the State Bank grouI>-

in the 198~9 period was badly marred by the aggressive and imprudently high risk lending practices of the bank's merchant bank subsidiary (lOO per cent owned from early 1986) Tricontinental. It is quite impossible to have an artificial barrier that sanctions the operations of the State Bank so that they cannot be examined by the Royal Commission yet allows the Royal Commission to look into the operations ofTricontinental. The reasons given by the Minister are really totally irrelevant. The State Bank has been separated from Tricontinental. If the sale of the State Bank proceeds, it will be separated for the future; but certainly it has not been separated for the past six years. The taxpayers of the State are entitled to have a full investigation as to why the State Bank itself has incurred massive losses and how it has been affected by the massive losses incurred by Tricontinental. A Royal Commission looking only at Tricontinental will be totally deficient, and the people of this State will have no proper satisfaction or assurance that justice is being done. When the Minister was going through the terms of reference set out by the government he referred to the group's operations, and "the group" as set out in the terms of reference is the Tricontinental group, not the State Bank group. Therefore none of those terms of reference entitles the Royal Commissioner to examine the operations of the State Bank. The Opposition accepts the Minister's undertaking in response to the first three points made by the Leader of the Opposition in this place, but we still believe the Royal Commission will ADJOURNMENI

29 AUGUST 1990 COUNCIL 51 be totally defective and will not have proper credibility because the Royal Commissioner will not be able to investigate the operations of the State Bank and how the bank has been affected by government policy, by the operations of Tricontinental Corporation Ltd and by its own operations. For those reasons, even accepting the Minister's assurances given up to this point, I still support the motion because of the other vital points that should be accepted by the government Hon. R. M. HALLAM (Western}--I move: That the debate be now adjomned. This is in view of the concessions offered by the Leader of the House, and I propose that the debate on the issue be adjourned with the object that it be resumed after we have had the opportunity of giving consideration specifically to the issues raised by the Leader of the House in respect of the State Bank in the motion. Motion agreed to and debate adjourned. Debate adjourned until next day.

ADJOURNMENT Local government elections-Nunawading council borrowing cuts-Chiropractors and Osteopaths Registration Board-Wodonga District Hospital-Distribution of dangerous drugs and goods-Pyramid Building Society depositors-Eltham schools child-care programs-School community contributions-Proposed hospital at Whittlesea-City of Mildura management restructure-Speed camera film viewing Hon. D. R. WHITE (Minister for Industry and Economic Planning}--I move: That the Council, at its rising, adjourn until Tuesday, 4 September. Motion agreed to. Hon. D. R. WHITE (Minister for Industry and Economic Planning)-I move: That the House do now adjourn. Hon. B. A. CHAMBERLAIN (Westem)- I raise with the Minister for Local Government issues arising out of the last local government election and the continuation of electoral practices which are clearly undemocratic and illegal but apparently are widely prevalent. They include double voting, "dead" people voting and also breaches of regulations in relation to election material and how-to-vote cards. I understand the Minister is obtaining a report on aspects of the elections, and I think that is a wise move, particularly with the changes that have come about. In that context I ask the Minister whether she will review the penalties prescri bed for various electoral offences, such as voting in a fraudulent name, double voting or using the old Richmond practice of propping people up out of their graves and getting them to vote, possibly on a number of occasions. Hon. M. A. Lyster-That is an old practice! Hon. B. A. CHAMBERLAIN-It is still in practice in certain electorates and the Minister will have evidence of that fact. I ask her to review each of the penalties in those areas and, at the same time as the release of the working party results, make recommendations to the House in relation to those penalties and other methods of stopping such practices. ADJOURNMENT

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I have one suggestion for the Minister: she will recall that under the electoral provisions of the State of Victoria, if a person is found to be influencing the State Electoral Commissioner other than by public submission, that person is prohibited from being a member of Parliament for a period of approximately five years. That type of penalty exists within the Electoral Commission Act. For example, if someone rings up the commissioner and says, "Unless you do such and such with the electoral maps you will lose your job", there is a penalty, prescribed by the President in a fonner role, which precludes that person from becoming a member of Parliament for a number of years. I suggest to the Minister that she consider that sort of approach for someone who is found to be involved in electoral fraud.

Hon. G. H. COX (Nunawading~1 address my urgent concern to the Minister for Local Government. It involves the slashing of council borrowings from $2 million to $1 million. I ask the Minister whether she will take up this matter with the Treasurer. The Nunawading City Council has undertaken to proceed with an aged persons project but because of the move by the government there is a chance that the project may not go ahead. The City Manager of Nunawading, Mr Warrick Dilley, has said that it would make life very difficult for the Nunawading council, as it will for many other councils, and the certainty of obtaining bridging finance for the hostel is unsure. It is possible the whole thing will be aborted. As claimed by the council, it would have the effect of increasing the rating to an equivalent of 5 per cent if the funds were not available. I am also concerned with the controls applied to the loans under funding from the State government, and whether that matter should be examined to detennine whether certain controls could be removed from borrowings. I ask the Minister to join with the council in pursuing the Treasurer on this matter to remove controls on fees and charges. Hon. ROSEMARY VARTY (Nunawading)-I direct a matter to the Minister for Health. The Chiropractors and Osteopaths Registration Board is currently in need ofthe appointment of a number of members to the board. Names have been put forward for a number of categories but so far the department has not made those appointments. This situation has existed since the beginning of July and there is a very real problem. Not only can registration applications not be processed but also complaints that are lodged against chiropractors and osteopaths cannot be investigated or ruled upon because the board is not operational. It seems to be ludicrous that there is meant to be a registration board under the Act and yet there is delay by the department in confinning those appointments to the board. It makes a mockery of the process. I ask that the Minister look into this matter most urgently because currently the Act is ineffective in a number of different ways on a number of matters. There is very real concern among chiropractors and osteopaths that the situation is severely detrimental to their profession and is bringing the whole thing to a halt. Could the Minister take this on board urgently?

Hon. W. R. BAXTER (North Eastern~1 refer the Minister for Health to the provision of a theatre block at the Wodonga District Hospital, a subject that has been before the Minister on numerous occasions. The project was due to go to tender not so long ago but fell victim to the Treasurer's freeze on capital funding of projects more than a certain amount. In discussions with the Minister's office today I was alanned to discover that the theatre block at the Wodonga District Hospital is not scheduled to go to tender until April or May of 1991, which would indicate that not one dollar will be spent in bricks and mortar this ADJOURNMENT

29 AUGUST 1990 COUNCIL 53 financial year. That seems to me to be a backing away from what the local community believed to be finn undertakings from the government that construction would be well commenced, if not completed, this financial year. The Wodonga community quite rightly feels very hard done by as it was this Treasurer who, in 1982, in his fonner capacity as the Minister of Health, came to Wodonga and figuratively, if not literally, ripped up plans for a new hospital on which $1 million had been spent. It is now a double whammy to have this same Minister, in his capacity as Treasurer, thwarting and delaying what was in any case very much a substitute of the hospital with a new theatre block, despite eight years having elapsed. I appeal to the Minister to see if anything better can be done to honour the many undertakings given to the people of Wodonga regarding the provision of a new theatre block. Hon. G. P. CO NNARD (Higinbotham}-The Minister for Health will recollect that more than twelve months ago I directed her attention to the necessity of proclaiming appropriate regulations governing the distribution ofdangerous drugs and goods and things of that nature. The Minister kindly introduced, and we debated and passed, one of the health amendment Bills in the last session of Parliament. I ask the Minister why that most recent health amendment Bill has not been proclaimed when I understand that the regulations have been satisfactorily prepared by the appropriate divisions within the department, and that things are ready to be implemented. There seems to me to be undue delay in proclaiming that section of the Act, particularly when the departmental officers are ready to go with the regulations. It is an important matter for both industry and the safety of people generally. Consequently, I bring it to the attention of the Minister. We have debated the issues and I am not going to redebate them. It is important that those sections be proclaimed as quickly as possible. Hon. R. A. MACKENZIE (Geelong}-I raise a matter with the Leader of the Government in his capacity as the Minister assisting the Treasurer. I refer the Minister to a public statement made yesterday by the Treasurer in which he said the reason petrol prices would increase was that the government had to pay for the 25 per cent deposits that were handed back to Pyramid depositors. I have never heard a Treasurer in any statement blame a section ofthe community-especially an innocent section-for the fact that the government had to raise taxes. We do not hear, for instance, the Treasurer saying he has to raise land tax to help disabled people in schools. We do not hear the Treasurer saying he has to raise payroll tax because the pensioners are demanding more. We do not have any grounds singled out as a reason for creating an impost on the community. The Pyramid depositors are quite innocent. They are in a situation that is entirely beyond their control. The perpetrators and causes of that dilemma have to be found out and an inquiry is being undertaken for that purpose. Until that process has been completed blame cannot be placed upon anyone's shoulders. The government is now indicating to anyone buying petrol that they can blame increased prices on the debtors in Pyramid because the government has to pay them back. It is an outrageous statement to be placed before the community and those innocent people. I do not know what can be done now because the Treasurer has made it. I guess he can retract it or apologise. I can only say that a large number of people have contacted me and are outraged that this slur has been cast upon them by the government. I ask the Minister to take up the matter with the Treasurer to ascertain whether people who have been cast in this way by the government receive some apology. ADJOURNMENI

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Hon. B. A. E. SKEGGS (Templestowe}-I direct to the attention of the Minister for Education the position of the Eltham network of schools. Those schools recently directed correspondence to the Minister and to the Minister for Labour concerning their out -of-school hours care program and the need for some pennanent accommodation to facilitate that program. The Eltham network of schools takes in the Research, Sherbourne, Eltham, Eltham East, and Eltham North primary schools. The network has been conducting out-of-school hours care programs for some time in temporary accommodation in a variety of buildings but there is a desire, if possible, to concentrate the programs in permanent accommodation. The programs are administered by a number of hard working members of the school community and are therefore worthy of assistance. The child-care program at the Eltham Primary School is finding demand outgrowing the ability of the present facilities to handle the number of people wanting to participate. The Eltham Primary School has advised that it has an old teacher's residence dating back to 1889 which has been unoccupied for many years but would be a suitable alternative as a venue. Money has been made available by both the Eltham Shire Council and the parents club and, with renovations, that building could be suitable for the program. I commend the suggestion to the Minister for his attention. Hon. D. M. EV ANS (North Eastern}-I direct the attention of the Minister for Education to the fact that many schools throughout Victoria have within their school buildings facilities and equipment that have been purchased and are now coming towards the end of their useful lives. I refer particularly to equipment such as typewriters and computers. On many occasions the equipment has been purchased through school or parents' funds or, as in the case of some schools, through donations. I mention the high school at Wangaratta which several years ago received a donation of $70 000 to $80 000 worth of computer equipment from a fonner pupil of the school. When that equipment comes to the end of its useful life, it has been normal practice for the school to consider selling the equipment to finance the purchase ~f new and updated equipment. However, based on the requirements of the auditors who from time to time go through school accounts, it has become apparent that any funds raised through the sale of such equipment-regardless of whether it was purchased in whole or in part by parents or a donor or by State government funds or from a trade-in of old equipment-must be forwarded to the Consolidated Fund. Therefore, any contribution made in total or pro rata by the parents or the school community is lost to the school, as is the value of the equipment. A high level of concern has been expressed among parent groups about the matter. They consider that if they put any money into facilities in their school, when the time comes to trade in equipment sensibly and use its value for new or additional equipment, the value of their contribution will be lost to the school. I ask the Minister for Education to investigate the matter on behalf of all schools in Victoria. I have written to him and to his predecessor, now the Premier, over the past couple of months requesting an answer to my query and that some action be taken to ensure that the funds go back to the school communities for their benefit. I ask the Minister to facilitate the process so that community contributions that are now necessary to provide facilities and equipment essential to schools in carrying out their education programs are not lost as a result of the auditors' requirements that the proceeds from the sale of equipment go to consolidated revenue. ADJOURNMENI

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Hon. G. R. CRAIGE (Central Higblands}-I refer the Minister for Health to the allocation of funds for the purchase of land and the building of a hospital at Whittlesea. A commitment was made in the government's health policy, in its 1988 election promises and also prior to the Thomastown by-election that a lOO-bed hospital would be built in a fast-expanding area to the north of Melbourne. I am unable to locate any allocation of funds for either the purchase of land or the building of the hospital. Will the Minister for Health advise the House of the exact position of the government on the proposed hospital at Whittlesea? Some nine months ago I was advised that the land was to be purchased. Has the land been purchased and when will the building of the hospital commence? Hon. K. I. M. WRIGHT (North Western}-I direct to the attention of the Minister for Local Government a management restructure that has taken place in the City of Mildura, under which a respected member of the staff of some twelve years standing-the Deputy Engineer, Mr David Eltringham-has found that his services are no longer required. Has the matter been directed to the Minister'S attention? An unprecedented number ofletters have been sent to the local newspapers requesting that the matter be examined. Does the matter come within the jurisdiction of the Minister for Local Government? If so, can she inform the House whether she is aware of the matter? Hon. R. J. LONG (Gippsland}-I raise a matter concerning speed cameras for the attention of the Minister for Local Government representing the Minister for Police and Emergency Services. Speed cameras pop up every now and again in the most unexpected places. Recently one turned up in one of the back streets of Warragul and operated for a considerable period to such an extent that I am informed that some 200 motorists were booked. My quarrel concerns why the unfortunate motorists who have been booked must travel to Melbourne to view the films produced by the camera to ensure that their cars were those for which the notices relating to the alleged offences were issued. The present situation is completely unfair. If members of the Victoria Police intend carrying out raids in particular places they should provide the final service by showing those unfortunate enough to be booked that it is their cars that are involved in the alleged traffic offences. Hon. D. R. WHITE (Minister for Industry and Economic Planning)-In reply to Mr Mackenzie, the government has an obligation to deposit holders in the Pyramid Building Society to meet 100 per cent of their deposits as from the date that has been determined. Already a payout has been made at some cost to the government because there has been no initial acquisition of assets. The government needs revenue to pay for that. Yesterday the Treasurer made a statement for and on behalf of the government. If Mr Mackenzie wishes to pursue the matter further, I shall direct his remarks to the attention of the Treasurer. Hon. C. J. H OGG (Minister for Health}-In response to the matter raised by Mrs Varty, I shall check the appointments to the Chiropractors and Osteopaths Registration Board. I thought the matter had been finalised but I shall follow it up and reply in writing by the beginning of next week and ensure that it proceeds expeditiously. In response to Mr Baxter, despite the fact that, given the climate, Health Department Victoria has a good capital works program, it is true that not every project is proceeding as quickly or as smoothly as one might have hoped. The information Mr Baxter received from my office today was correct: tendering for the Wodonga District Hospital is expected to take place ADJOURNMENT

56 COUNCIL 29 AUGUST 1990 during this financial year; that is, by the month of April. I shall check on the matter and reply to Mr Baxter. In answer to Mr Connard, although Mr President informed the House that the proclamation of the Health (Amendment) Bill had started before this sessional period, there have been so many amendments to the Health Act that nobody can be certain which is which. Hon. B. A. Chamberlain-The President's report was on the Royal assent. Hon. C. J. HOGG-I shall check on the proclamation for Mr Connard, particularly the regulations on dangerous drugs and poisons. In answer to Mr Craige, I have great pleasure in saying that the land will be purchased in this financial year. I cannot be specific about the exact latitude and longitude of the land which he asked about, but I shall give him those details in a letter. Certainly provision has been made in the Budget for the purchase of the land. Hon. B. T. PULLEN (Minister for Education)-Mr Skeggs asked about the Eltham network of schools, pointing out the number of schools that are part of the network. He referred to the need to provide for child-care seIVices in particular and he asked about the possibility of using a former teacher's residence as part of that program. I am unable to give him a detailed response now, but I shall have the matter investigated to see whether some way can be found to provide the assistance he seeks. Mr Evans asked a question about what happens when equipment that has been purchased for schools wholly or in part by donations or sums raised in the local community reaches the stage where it has to be changed over or renewed. He asked whether the value of the equipment could be traded in or transferred so that the benefits gained by its purchase could be continued in an appropriate pro rata fonn. The point of his question is clear, but I shall need to seek advice on the appropriate way of handling such funds under the Audit Act I shall find out what can be done, if anything, while satisfying the requirements of the Auditor-General and the relevant provisions of the Act. I shall infonn Mr Evans of the current situation. Hon. M. A. LYSTER (Minister for Local Government)-Firstly, I congratulate Mr Chamberlain on his appointment as the shadow spokesperson for local government matters. I look forward to working with him in furthering the interests and welfare of local government I share Mr Chamberlain's concern about the anecdotal evidence of malpractice in local government elections. Hon. B. A. Chamberlain-It is more than anecdotal. Hon. M. A. L YSTER-Such evidence has been recently displayed in the courts and in material provided to me by a range of people throughout the community. Such claims concern the distribution of totally offensive material in the days leading up to the elections. The material is offensive for all sorts of reasons, not the least of them being reasons of public decency. Certainly such material has the potential to prejudice election results, and that is a matter of grave concern. I have asked the electoral working party to which I referred earlier today to examine the matter and to make recommendations about how it can be handled. Returning officers are particularly concerned about bogus how-to-vote cards. The government initiated a process of approving how-to-vote cards to try to regulate the matter, although there is still a good deal of mischief abroad in this area. Mr Chamberlain raised the question of penalties. I am ADJOURNMENr

29 AUGUST 1990 COUNCIL 57 happy to examine the matter; I shall seek the advice of returning officers and infonn him of it. Hon. B. A. Chamberlain-Including special penalties?

Hon. M. A. L YSTER-A penalty of being excluded from acting as a councillor could be considered. I am happy to look at the matter and I shall reply to Mr Chamberlain on that point. Mr Cox asked a question about an area which is largely the responsibility of the Treasurer but which the Treasurer discussed with me prior to sending out the notifications to all councils. I acknowledge that cuts in their access to global borrowings as of right have come as a shock to local councils, especially as the cuts will reduce the level of borrowings that councils have been used to since early 1983. I have reminded local councils that they, too, are part of the national economy. Victoria has had its access to global borrowings cut considerably over the past few years, and those cuts are expected to continue. At present Victoria receives approximately 33 per cent of the States' global borrowings, and indications from the Federal Treasurer are that under a new fonnula that share will be reduced to 25 per cent. I refer to the global borrowings to which the government and Victoria's 210 municipalities have access. I believe it is appropriate that local government take its share of the cuts. What I have been warning local government about for the past eighteen months has become a reality: local municipalities now face difficult decisions. I do not believe it is responsible to argue for no increases in rates. I have said publicly and I say again that there is a need for rates to be increased in line with rises in the consumer price index. What services councils decide to fund and what services they decide to give a lower priority to are entirely matters for them. In particular, whether the Nunawading City Council decides to proceed with its aged persons hostel is entirely a matter for it. I shall pass on to the Treasurer the matters affecting the Nunawading City Council raised by Mr Cox. I shall certainly send a message to the council saying that it, too, must bear its part of the financial constraints faced by the government-and agents in the private sector are faced with similar constraints. Mr Wright raised a matter concerning the City of Mildura. Like him I am aware of the deep community concern about the matter he raised. Mr Wright used the word "restructure". There is no boundary restructure abroad in the City of Mildura; rather, we are talking about a management restructure. Mr Wright asked whether the matter was within my jurisdiction. I understand that the matter of the dismissal of the officer is currently before the Industrial Relations Commission, and I believe that is the appropriate place for the matter to be decided. I shall monitor the case, and if it becomes appropriate for me to intervene I shall do so. At this stage I cannot foresee that I have either a role or jurisdiction in the matter. I invite Mr Wright to keep me infonned of any further developments. For the sake of the community of Mildura I hope the matter can be resolved, because it is obviously the cause of a great deal of tension. Motion agreed to. House adjourned 4.29 p.m. until Tuesday, 4 September.

QUESIIONS ON NOTICE

29 AUGUST 1990 COUNCIL 59

QUESTIONS ON NOTICE

The following answers to questions on notice were circulated-

COMMONWEALTH EMPLOYMENT FUNDING (Question No. 37) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Consumer Affairs, for the Minister for Labour: What amount did the State receive from the Commonwealth government in each year from 1982-83 to 1987-88 for Commonwealth employment funding, indicating the-(i) programs funded; (ii) names of the organisations involved; (iii) programs achieved; and (iv) amount expended?

- Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: 1. (i) Program funded: Wage pause program-WPP. Community Employment Program-CEP. New Enterprise Incentive Scheme-NEIS. (ii) Names of organisations funded: WPP and CEP operated in all municipalities throughout Victoria. The recipients of grants were non­ government organisations and local councils. NEIS funding was issued to unemployed individuals demonstrating capacity to establish small businesses. (ill) Program achievements:

The number ofjobs created as a result ofWPP and CEP is as follows: 1983-84 8950 1984-85 9380 1985-86 7066 1986-87 2850 1987-88 1500

Total 29746

The number of individuals receiving NEIS funding is as follows: 1986 110 1987 67 1988 118

Total 297

A survey of these individuals found that 79·7 per cent were still in business a year or more after receiving NEIS funding. QUESfIONS ON NaJ'ICE

60 COUNCIL 29 AUGUST 1990

(iv) Amounts received and expended from Commonwealth funds-as taken from Department of Labour annual reports: (a) CEP WPP Reed Exp. Exp. $ $ $ 1983-84 64·0 m 44·0 m 22·3 m 1984-85 94·4 m 69·6 m 0.4 m 1985-86 68·4 m 62·1 m 1986-87 40.1 m 41·1 m 1987-88 23·5 m 25·9 m (b) NEIS (Commonwealth government funding component comprises income support, training costs and formal training allowance). 1985-86 $306 868 *Income support only. Training and formal training allowance costs not available 1986-87 $590803.56 1987-88 $410 446.60 *Income support and formal training allowance only. Training costs not available

HANGING ROCK (Question No. 52) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Local Government, for the Minister for Tourism: In view of the film and book about Hanging Rock in the Shire of Gisborne, is the rock regarded as being of significance for international tourists; if so-(i) does the Ministry make funds available to the shire for maintenance of the rock and its environs; and (ii) what steps are taken to ensure that the rock, its environs and facilities are maintained to international standards? Hon. M. A. LYSTER (Minister for Local Government)-The answer supplied by the Minister for Tourism is: Yes. (i) No. (ii) The committee of management for Hanging Rock has commissioned a consultant to ~prepare a management plan for the rock that will preserve and maintain the area. In addition, adjacent land has been purchased to extend the reserve. Tree planting program and anti-erosion measures such as new paths to regulate pedestrian traffic are in place. Future plans also include upgrading of the kiosk and providing a tourist information shelter.

CAR FATALITIES IN HIGINBOTHAM PROVINCE (Question No. 77) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Education, for the Minister for Transport: How many motor car fatalities occurred within Higinbotham Province during the financial year 1987-88 and in this financial year to date, indicating the locations in each case? QUESfIONS ON NOTICE

29 AUGUST 1990 COUNCIL 61

Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: Number of Fatalities The State traffic accident database does not record electoral districts as a data item, hence fatalities and accidents in Higinbotham Province are not specifically defined. The information provided covers the local government areas of Brighton, Caulfield, Moorabbin, Mordialloc and Sandringham for accidents reported to the police for the period in question. The following is a tabulation of fatalities from the database.

FINANCIAL YEAR 1987-88 1988-89 Brighton 1 o Caulfield 15 11 Moorabbin 11 17 Mordialloc 5 4 Sandringham 4 1 Total 36 33

Location of each Accident involving a Fatality For the period 1 July 1987 to 30 June 1989.

BRIGHTON On the Esplanade-between Keith Court and Dendy Street.

CAULFIELD On Balaclava Road-between Hawthorn Road and Catherine Street. On Bambra Road-between Eskdale Road and Fitzgibbon Crescent. On Booran Road-between Feodore Street and North Road. At Dandenong Road and Kooyong Road. At Garden A venue and Grange Road. On Glen Eira Road-between Elizabeth Street and Myrtle Street. At Grange Road and Neerim Road. At Grange Road and Oakleigh Road. On Hotham Street-between Gourlay Street and Melby A venue. On Inkerman Road-between Inkerman Street and Princes Street. On Kambrook Road-between Station Street and Newington Grove. At North Road and Ormond Road. On North Road-between Parker Street and Bewdley Street. On North Road-between Reid Street and Tambet Street. On Orrong Road-betweem Seymour Road and Long Street. On Koornang Road-between Centre Road and the Crossover. At Koornang Road and the Crossover. On Kooyong Road-between Aileen A venue and Parnell Street. At Kooyong Road and Sycamore Street. On Neerim Road-between Murrumbeena Road and Hobart Road. On Neerim Road-between Truganini Road and Toolambool Road. On North Road-between Newham Grove and Cadby Avenue. QUESTIONS ON NOTICE

62 COUNCIL 29 AUGUST 1990

MOORABBIN At Apex A venue and Lonsdale A venue. At Argus Street and Warrigal Road. At Berkefeld Court and Centre Dandenong Road. On Boundary Road-between Lake Drive and Silver Birch A venue. On Brosnan Road-between Blarney Street and Norville Avenue. At Carneron A venue and Centre Road. At Castlewood Street and Mackie Road. At Centre Road and Clarinda Road. At Centre Road and Tucker Road. On Centre Road-between Wards Grove and Chester Street. At Centre Dandenong Road and Warrigal Road. At Chesterville Road and Schultz Street. At Cochranes Road and Robema Street. At Highett Road and Nepean Highway. On Mena Avenue-between Centre Dandenong Road and Devon Street. On Nepean Hi8hway-between Bay Road and May Street. On Nepean Highway-between Highett Road and Sanford Street. On North Road-between Newham Grove and Cadby Avenue. At North Road and Ormond Road. On North Road-between Parker Street and Bewdley Street. On Warrigal Road-between Clifton Street and South Road. On Warrigal Road-between Leigh Street and Thomton Avenue. On Warrigal Road-between Rudyard Street and Glover Street. On Warrigal Road-between South Road and Wren Street. On Jasper Road-between Penang Street and Chalmers Street. On Keys Road-between Viking Court and Kilpa Road. At Kingston Road and Old Dandenong Road. On Kingston Road-between Pine Lane and Old Dandenong Road. At Lawson Street and Tucker.Road. On Lower Dandenong Road-between Blackwood Avenue and Coolabah Road. At Lower Dandenong Road and Warren Road.

MORDIALLOC On Beach Road-between Charman Road and Sea Parade. At Beach Road and Main Street. At Boundary Road and Malcolrn Road. At High Street and Main Street. On Lower Dandenong Road-between Blackwood Avenue and Coolabah Road. At Lower Dandenong Road and Warren Road. On Main Street-between Owen Street and Centreway. On Nepean Highway-between Albert Street and High Street. On Nepean Highway-between Beach Road and Parana Street. QUESTIONS ON NOTICE

29 AUGUST 1990 COUNCIL 63

On Nepean Highway-between Hinders Street and Winsome Street. On Nepean Highway-between White Street and Albert Street. SANDRINGHAM At Arkaringa Crescent and Beach Road. At Beach Road and Burgess Street. At Beach Road and Coral Avenue. At Beach Road and Keys Road. At Beach Road and Masefield Avenue.

YOUTH SUICIDES (Question No. 80) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Consumer Affairs, for the Minister responsible for youth affaJ.l's: (a) How many youth suicides occurred in Victoria in each year from 1984 to 19887 (b) What was the rate of youth suicides in 19687 (c) How many attempted youth suicides were reported in each of the years from 1984 to 19887 (d) What was the rate of attempted youth suicides in 1968? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister responsible for youth affairs is: (a) According to the Australian Bureau of Statistics, the numbers of suicides committed by Victorian people aged 15 to 24 years for the years 1984 to 1988 are as follows: 1984-93 1985-78 1986-92 1987-117 1988-Not available (b) Not known. (c) Health Department Victoria provides the following numbers of admissions to public hospitals only. 1984-85-Not available 1985-86-Not available 1986-87-715 1987-88-894 (d) Not known.

GOVERNMENT PROPERTY HOLDINGS (Question No~ 105) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Property and Services: What are the details ofall State government property holdings in the municipalities ofKnox, Nunawading and Waverley, respectively, including location, current usage, year of purchase, purchase price and the current valuation in each case? QUESTIONS ON NOTICE

64 COUNCn. 29 AUGUST 1990

Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the then Minister for Property and Services is: The following State government properties in the municipalities of Knox, Nunawading and Waverley have either been purchased by my department or are Crown land properties within my administration: Purchase Purchase Locality Address Use Date Price $ Ferntree Gully 1009 Burwood Hwy Restaurant car park Crown land Boronia 41 RowsonSt Family group home 13.2.76 45 ()()() Glen Waverley Ferntree Gully Rd Waverley police 18.8.80 80 ()()() station Femtree Gully 2 Saxonwood Court Family group home 24.3.76 41 ()()() Femtree Gully Cnr Burwood Hwy, Public offices 26.3.74 200 ()()() Spring and Selman sts Blackbum 173 Maroondah Hwy Police/court Crown land Vermont 33 Stanley Rd Community 22.6.84 95 ()()() residential unit Chadstone 5 Churchill A ve Residence (mental 6.6.84 79 ()()() health) Glen Waverley 43 Camelot Dve Community 1.12.83 83 ()()() residential unit Bayswater 4 Galloway Gve Community 25.6.84 84 ()()() residential unit Bayswater 1 KingSt Residence (police) 10.12.76 No price land Exchange exchange date Bayswater 44 Orchard Rd Community 13.4.84 75 ()()() residential unit Bayswater 46OzoneRd Family group home 1.9.76 47998.95 Lysterfield Reservoir Rd Residence 8.9.80 18600 (conservation) Glen Waverley 24 Chapel St Community 26.8.83 90 ()()() residential unit Mitcham 31 Dunfield A ve Family group home 20.7.73 32 ()()() Current valuations do not form part of the available record.

SALE OF GOVERNMENT PROPERTIES (Question No. 106) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the then Minister for Property and Services: What are the details of all properties sold by the State government since 1982 in the municipalities of Knox, Waverley and Nunawading, respectively, including location, date of sale, selling price, the reason for disposal, and the nature of the last government use of the property in each case? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the then Minister for Property and Services is: The following properties within the municipalities of Knox, Nunawading and Waverley have been sold by my department since 1982: Sale . Sale Locality Address Use Date Price $ Knoxfield BurwoodHwy Research station 5.6.87 3750000 Knoxfield KathrynRd Playground Knox Park 18.8.86 128000 Primary School QUESTIONS ON NOTICE

29 AUGUST 1990 COUNCIL 65

Sale Sale i.ocaliry Address Use Date Price $ Nunawading Cnr Highbury Rd and Vacant land 24.2.89 200 000 GilmourSt Nunawading 4 Laughlin Ave Residence 18.5.90 115000 Glen Waverley 125 Jells Road Public purpose 15.6.87 1 555000 In all the above instances the properties sold have been classified as government land, that is, without significant public land values such as unique flora and/or fauna, historical or architectural values.

OCCUPIERS OF CROWN LAND (Question No. 118) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Education, for the Minister for Conservation and Environment: (a) What are the names of all the groups and/or organisations that are occupiers of Crown land in the municipalities of Mordialoc, Sandringham, Brighton, Caulfield and Moorabbin, giving the-(i) current rental; and (ii) proposed increased rental, for each of those groups or organisations? (b) How much extra money will be generated by these rental increase in each of the above mu~cipalities? (c) Over the whole of the State how much extra money will be generated by rental increases? (d) What is the mechanism for appeal against rental increases and what are the criteria for the proposed increases, including financial criteria?

Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Conservation and Environment is: See attached schedule. (Refers only to those tenures issued directly by the department).

(b) Mordialloc $65 Sandringham $17 (one tenure still to be assessed) Brighton $68 (two tenures still to be assessed) Caulfield Nil Moorabbin $34 (two tenures still to be assessed) The total revenue generated by rental increases on a Statewide basis cannot be easily obtained and will depend on when rentals are required to be reviewed and prevailing site values at the time. (d) (i) The department has various criteria for determining rental of Crown land, that is minimum rental charges which generally apply to annual tenures and are increased by CPI guidelines; rental based on stock carrying capacity and crop yielding; and rentals based on site values where tenures are required for amusement and recreation or commercial and industrial purposes. (ii) Rental policy varies depending on the category of the tenure with commercial tenants paying a much higher percentage of site value-70 8 per cent-than non-commercial or community tenants-20 5 per cent. (iii) Rental reviews are undertaken in accordance with the lease conditions as provided for in legislation, that is, lease conditions provide for rent reviews at 10, 5 and 3-yearly periods depending on when the leases were executed-3-yearly reviews are currently provided for in the Land Act 1958. (iv) Where Valuer-General valuations are obtained in connection with reappraisal ofrentals for occupation of Crown land, tenants can appeal against the rental increases on the basis of inappropriate site values and lack of capacity to pay. An independent valuation can be obtained by the tenant and where a difference in values exists the department will arrange a conference of valuers to resolve the valuations. Spring Session 1990-3 QUESTIONS ON NOTICE

66 COUNCIL 29 AUGUST 1990

Any amusement or community orientated group or club which is experiencing difficulty in paying a reappraised rental can appeal to the Minister for Conservation and Environment for a futher review. In many cases they have been provided with a rent phase-in, often over several years. (v) The financial criterion used by the Department of Conservation and Environment for rental appeals is to determine the rent as a percentage of total gross revenue. Where the rent is less than 5 per cent of gross revenue, no phase-in usually applies; between 5-10 per cent, a phase-in of two­ three years is provided depending on lease conditions and if the rent exceeds 10 per cent of gross revenue a longer term phase-in is usually provided. ScHEDULE

Next Proposed Municipality Name Current Rental Increase Comment S S S Mordialloc G69227 Esso Aust. Ltd 40000 40000 Nil No provision for rental review-Pipelines Act 1967 Mordialloc Misc S. Pompie 100 165 65 Current departmental 2076 charge for commercial slipway Sandringham Sandringham Under consideration 0801/134 YachtOub Sandringham 067/ Scout Ass. ofVic 61 78 17 138 Sandringham Boathaven Marine 200 Not Not To be reassessed from 4103/138 Pty Ltd available available 1.1.90 Brighton 0845/134 Royal Brighton 2150 Not Not To be reassessed from YachtOub available available 1.8.89 Brighton 02652/ Royal Brighton 200 Not Not To be reassessed from 138 YachtOub available available 1.1.90 Brighton 02705/ Girl Guides Ass. of 61 78 17 138 Vic Brighton 3128/138 Brighton City 61 78 17 Council Brighton Mise 672 Scout Ass. ofVic 61 78 17 Brighton Mise 1591 SEC of Victoria 61 78 17 Moorabbin 0788/ Beaumaris Motor 14000 14000 Nil To be assessed from 134 Yacht Squadron 1.7.91 Moorabbin 02603/ Moorabbin City 61 78 17 138 Council Moorabbin Misc Scout Ass. ofVic 61 78 17 1084 Moorabbin Misc Cheltenham Golf 5200 Not Not To be reassessed from 1212 OubLtd available available 1.1.90

CRIME RATES IN DONCASTER AND TEMPLESTOWE (Question No. 134) Hon. B. A. CHAMBERLAIN (Western) asked the Minister for Local Government for the Minister for Police and Emergency Services: What number of homicide, serious assault, robbery, rape, burglary, theft, motor vehicle theft, and fraud cases, respectively, in the City of Doncaster and Templestowe were reported to-(i) Heidelberg and (ii) Doncaster police during the six-month period from 1 July 1988 to 31 December 1988, indicating how many of those crimes were solved? Hon. M. A. LYSTER (Minister for Local Government)-The answer supplied by the Minister for Police and Emergency Services is: It is not possible to provide specific crime statistics for the City of Doncaster and Templestowe as the municipal boundaries do not coincide with those of the local police subdistricts. QUESfIONS ON NOTICE

29 AUGUST 1990 COUNCIL 67

However, the following work load statistics applicable to the Doncaster and Heidelberg CIBs are provided:

Heidelberg Doncaster Offences Arrests Offences Arrests Reported Reported Reported Reported Homicide 3 2 0 0 Serious Assault 10 1 15 7 Rape 2 2 4 4 Robbery 8 2 11 2 Burglary 420 8 585 Deception/Fraud 150 59 176 105 Motor Vehicle Theft 219 4 203 9 Theft 608 55 641 35

MONITORING OF INDUSTRIAL POLLUTION (Question No. 144) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Education, for the Minister for Planning and Urban Growth: What tests are undertaken by the Environment Protection Authority to monitor the amount of pollution from the industrial complex near Bay Road, Sandringham? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Planning and Urban Growth is: The EPA has and will continue to undertake tests to monitor any industry in the industrial complex near Bay Road, Sandringham, where the activities are suspected of causing pollution. Discharges to atmosphere and to waters have been sampled and soil has been tested to ensure that licence limits are met and pollution is controlled. Legal action has been taken against industries found to be offending and pollution abatement and clean-up notices have been served on occupiers of premises where offences have been detected. Several industries have licence requirements for self-monitoring of discharges. Results of analyses done by consultants approved by the National Association of Testing Authorities-NATA-must be forwarded to the EPA at specified intervals. Industries are required to take remedial action where any discrepancies occur. The following industries are subject to regular attention by the EPA: ACI Laminex, Bay Road: the licence requires self-monitoring annually. Results forwarded are consistent with licence levels. ICI (Aust.) Operations, Reserve Road: self-monitoring is required and the licence is being reviewed. Gibson Chemicals, Reserve Road: regular self-monitoring for water discharges is required. The company's licence has been amended and it has appealed against the conditions. Other industries such as Givoni Mills, Bay Road, Homfrey Carpets, Jack Road, and Halcyon Protein, George Street, do not have self-monitoring requirements but have regular inspections made by the EPA. MOTOR VEHICLE ACCIDENTS IN HIGINBOTHAM PROVINCE (Question No. 153) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Education, for the Minister for Transport: (a) How many motor vehicle accidents have been reported to police in each of the years from 1986-87 to 1988-89 and in 1989-90 to date in the Higinbotham Province or the collection area taking in this province? (b) At what location did each accident occur? QUESTIONS ON NOTICE

68 COUNCIL 29 AUGUST 1990

Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: (a) The number of motor vehicle accidents reported to the police in the local government areas of Moorabbin, Brighton, Caul field, Sandringham and Mordialloc-Higinbotham Province is: Year Number of Accidents 1986 2767 1987 3646 1988 3954 1989 3568 Preliminary Data for 1990 has not yet been tabulated. (b) As suggested by the above table, it is not practicable to include a list of the location of each accident with this answer. However, the honourable member will be provided with a computer tabulation prepared by the Roads Corporation indicating those details. STATE TRANSPORT AUTHORITY (Question No. 171) Hon. ROBERT LA WSON (Higinbotham) asked the Minister for Education, for the Minister for Transport: (a) Will the State Transport Authority become the employing authority for all officers engaged in the provision of railway services; if so, will officers employed by the Metropolitan Transit Authority who assume railway duties become employees of ST A? (b) Is it envisaged that STA officers engaged in the provision of railway and ancillary railway services in the Melbourne metropolitan area will become employees of MTA as a result of the current reorganisation of the MTA? (c) Does the MTA now have more levels of management than the STA since the introduction of at least twelve directors whose salaries could be in the order of$70 OOO? (d) What is the estimated cost of the additional privileges that would result from the introduction of a common condition of employment scheme if previous MetRail staff are to become employees of the MTA? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: Mr Lawson is referred to the answer provided by the Minister for Transport to question on notice No. 58 asked by the Leader of the Opposition in the Legislative Assembly. "ROCKING THE RAILS" CONCERT (Question No. 172) Hon. ROBERT LA WSON (Higinbotham) asked the Minister for Education, for the Minister for Transport: With respect to the Ministry of Transport funded "Rocking the Rails" pop concerts which were held throughout the Melbourne and metropolitan area and at Ballarat during 1986 and 1987: (a) What was the total cost to the taxpayer? (b) How many concerts were held, indicating-(i) at what locations; and (ii) how many staff were involved? (c) Were any trains used to facilitate these concerts; ifso, at what cost? (d) How much money was paid to staff in overtime payments to facilitate the concerts? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: Mr Lawson is referred to the answer provided by the Minister for Transport to question on notice No. 61 asked by the Leader of the Opposition in the Legislative Assembly. QUESTIONS ON NOTICE

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ACCIDENT COMPENSATION TRIBUNAL PREMISES (Question No. 187) Hon. ROSEMARY VARTY (Nunawading) asked the Minister for Consumer Affairs for the Minister for Labour: (a) What is the projected cost of moving the Accident Compensation Tribunal from Marland House, 570 Bourke Street, to 55 King Street? (b) What is the cost of providing accommodation within Marland House from December 1987 to date, for nine additional judges, eight additional tribunals and six additional arbitrators, together with support staff'? (c) What is the present rental cost for the tribunal's accommodation at Marland House? (d) What is the proposed rental for five floors of accommodation at 55 King Street? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: I refer Mrs Varty to my response to question on notice No. 94 in the Legislative Assembly.

WORKCARE PAYMENTS IN COMMUNITY SERVICES VICTORIA (Question No. 202) Hon. ROSEMARY VARTY (Nunawading) asked the Minister for Health, for the Minister for Community Services: In respect of each department, agency or authority within her administration since the commencement of the WorkCare program, how many ex-government workers who were entitled to superannuation are currently on WorkCare, indicating-(i) how many have been completely paid out of superannuation; and (ii) whether any agreements have been drawn up in relation to those matters and, if so, what formulae have been used, what are the terms of the agreements, and on whose authority were they negotiated? Hon. C. J. HOGG (Minister for Health)-The answer supplied by the Minister for Community Services IS: Please refer to my answer to question on notice No. 152 in the Legislative Assembly.

WORKCARE PAYMENTS IN DEPARTMENT OF WATER RESOURCES (Question No. 203) Hon. ROSEMARY VARTY (Nunawading) asked the Minister for Education, for the Minister for Conservation and Environment: In respect of each department, agency or authority within her administration since the commencement of the WorkCare program, how many ex-government workers who were entitled to superannuation are currently on WorkCare, indicating-(i) how many have been completely paid out of superannuation; and (ii) whether any agreements have been drawn up in relation to those matters and, if so, what formulae have been used, what are the terms of the agreements, and on whose authority were they negotiated? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Conservation and Environment is: Please refer to the response of my predecessor, the former Minister for Water Resources, the Honourable R. W. Walsh, to Legislative Assembly question on notice No. 155. QUESfIONS ON NOTICE

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ROAD ACCIDENTS IN GEELONG PROVINCE (Question No. 205) HOD. ROBERT LA WSON (Higinbotham) asked the Minister for Education, for the Minister for Transport: In respect of each of the years 1987, 1988 and 1989 to date: (a) What was the number of road accidents in the Geelong Province? (b) At what locations did those accidents occur? (c) How many accidents resulted in fatalities? (d) What percentage of road accidents involved alcohol as the cause or as a contributing factor?

HOD. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: Mr Lawson is referred to the answer provided by the Minister for Transport to question on notice No. 308 asked by the honourable member for South Barwon in the Legislative Assembly.

LEVEL CROSSINGS ON W ARRNAMBOOL LINE (Question No. 212) HOD. ROBERT LA WSON (Higinbotham) asked the Minister for Education, for the Minister for Transport: (a) Has any action been taken by VfLine to install warning lights and bells at the Hunts Road level crossing, Moriac; if so, what action? (b) How many others crossings on the Warrnambool train line where fatalities have occurred have no warning signal apparatus, indicating in each-(i) whether it is proposed to install warning equipment; and (ii) when the equipment will be operative?

HOD. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: Mr Lawson is referred to the answer provided by the Minister for Transport to question on notice No. 164 asked by the honourable member for South Barwon in the Legislative Assembly.

OVERLOADING OF SCHOOL BUSES (Question No. 220) HOD. ROBERT LA WSON (Higinbotham) asked the Minister for Education, for the Minister for Transport:

(a) What Road Traffic Authority inspections have been carried out regarding school buses in the Geelong region in the past five years to ensure buses are not overloaded? (b) What is the present policy of the government on overloading of school buses and what action has been taken to alert the Ministry of Education as to legal requirements of overloading of buses on school bus routes where children's safety is concerned?

HOD. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: Mr Lawson is referred to the answer provided by the Minister for Transport to question on notice No. 200 asked by the honourable member for South Barwon in the Legislative Assembly. QUFSfIONS ON NOTICE

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GEELONG-BALLARAT AND GHERINGHAP-INVERLEIGH RAIL LINES (Question No. 221) Hon. ROBERT LA WSON (Higinbotham) asked the Minister for Education, for the Minister for Transport: In respect of the Geelong-Ballarat and Gheringhap-Inverleigh railway lines: (a) What action if any, has been taken by V/Line to install warning lights and bells at all level crossings? (b) Which level crossings have been the scene of collisions involving trains, indicating-(i) which crossings had no warning systems; (ii) what action, if any, has been taken to install warning equipment; and (iii) when the equipment became operative, and in the event that warning equipment has not been installed, when is it proposed such equipment will be installed? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: Mr Lawson is referred to the answer provided by the Minister for Transport to question on notice No. 210 asked by the honourable member for South Barwon in the Legislative Assembly.

V/LINE GOODS CLAIMS (Question No. 224) Hon. ROBERT LAWSON (Higinbotham) asked the Minister for Education, for the Minister for Transport: In respect of each of the past four years, what was the value of goods claimed as lost or stolen from V/Line, indicating-(i) how many claims were made; and (ii) the total amount of money paid in settlement of such claims? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: Mr Lawson is referred to the answer provided by the Minister for Transport to question on notice No. 231 asked by the Leader of the Opposition in the Legislative Assembly.

VALUER-GENERAL VALUATIONS FOR WATER AND SEWERAGE AUTHORITIES (Question No. 227)

Hon. G. R. CRAIGE (Central Hi~lands) asked the Minister for Education, for the Minister for Conservation and EnVironment: In view of delays in the Valuer-General's office in providing valuations for the Melbourne and Metropolitan Board of Works, the Rural Water Commission, the Dandenong Valley Authority, and water and sewerage authorities:-(i) what have been the consequences and cost implications to date; and (ii) which properties and projects have been affected? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Conservation and Environment is: Please refer to the response of the former Minister for Water Resources, the Honourable R. W. Walsh, to Legislative Assembly question on notice No. 250. QUESfIONS ON NOTICE

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WORKCARE PAYMENTS IN MINISTRY FOR POLICE AND EMERGENCY SERVICES (Question No. 244) Hon. ROSEMARY VARTY (Nunawading) asked the Minister for Local Government, for the Minister for Police and Emergency Services: In respect of each department, agency and authority within his administration: (a) What was the cost of WorkCare payments made to personnel employed in each of the financial years from 1985-86 to 1988-891 (b) What amount was paid by each organisation in WorkCare levies for each of the years 1987-88 and 1988-89? Hon. M. A. LYSTER (Minister for Local Government)-The answer supplied by the Minister for Police and Emergency Services is: MINISTRY FOR POLICE AND EMERGENCY SERVICES 1. WorkCare payments to Ministry employees: S 1985-86 Nil 1986-87 855 1987-88 1571 1988-89 3369 2. WorkCare levies paid: S 1987-88 38392 1988-89 40284 VICTORIA POLICE 1. WorkCare payments to Victoria Police employees:

Fiscal Year Public Service Police Total S S S 1985-86 464 926 2475900 2940 826 1986-87 428335 3410700 3839035 1987-88 431623 3241 500 3673 123 1988-89 446 901 2818800 3265701 2. WorkCare levies paid: S 1987-88 10484852.42 1988-89 11 304 582.25 COUNTRY FIRE AUTHORITY (CFA) 1. At the present time, the office systems at the CFA do not allow an analysis of claims to provide the full range of data requested in question 1. However the CFA can advise that the Accident Compensation Commission has reimbursed to the CFA the following amounts from the 1985-86 financial year to the 1988-89 financial year: S Weekly compensation 916338 Medical and other costs 301 618 Total reimbursement 1217956 2. WorkCare levies paid: S 1987-88 647097.74 1988-89 950559.00 QUESTIONS ON NOTICE

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METROPOLITAN FIRE BRIGADES BOARD (MFBB) 1. The information requested cannot be provided accurately for the period 1985-86 to 1987-88 without a manual search of each individual's record. The time and resources for such a search are not available. The cost of payments in 1988-89 was $914 615 2. WorkCare levies paid: $ 1987-88 2·09 million 1988-89 2·384 million VICfORIA STATE EMERGENCY SERVICE (VIC SES) 1. WorkCare payments to VIe SES employees: $ 1985-86 Nil 1986-87 2580 1987-88 33370 1988-89 18653 2. WorkCare levies paid: $ 1987-88 25 194.99 1988-89 28473.51 WORKCARE PAYMENTS IN MINISTRY OF TRANSPORT (Question No. 247) Hon. ROSEMARY VARTY (Nunawading) asked the Minister for Education, for the Minister for Transport: In respect of each department, agency and authority within his administration: (a) What was the cost of WorkCare payments made to personnel employed in each of the financial years from 1985-86 to 1988-891 (b) What amount was paid by each organisation in WorkCare levies for each of the years 1987-88 and 1988-891 Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: Mrs Varty is referred to the answer provided by the Minister for Transport to question on notice No. 324 asked in the Legislative Assembly.

GEELONG WATER TREATMENT PLANT (Question No. 266) Hon. R. J. LONG (Gippsland) asked the Minister for Education, for the Minister for Conservation and Environment: In respect of the Geelong and District Water Board project to build Stage lA of the Geelong water treatment plant: (a) On what date did the board apply for approval to commence work, when was approval granted, and what was the reason for the delay between the application and approval being given? (b) What additional costs, if any, will be incurred as a result of the delay in approval being given, indicating who will be required to pay those additional costs? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Conservation and Environment is: Please refer to the response of the former Minister for Water Resources, the Honourable R. W. Walsh, to Legislative Assembly question on notice No. 347. QUESTIONS ON NOTICE

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FUNDING FOR WOMEN IN DEPARTMENT OF LABOUR (Question No. 280) Hon. ROSEMARY V ARTY (Nunawading) asked the Minister for Consumer Affairs, for the Minister for Labour: In respect of each department, agency and authority within his administration, what are the names and addresses of persons, organisations and groups who received or are to receive funding in each of the financial years from 1981-82 to 1989-90 for the purposes of assisting women, indicating in respect of each year-(i) the amount of funding received or to be received by each person, organisation or group; and (ii) the purpose for which the funding was approved? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: I refer Mrs Varty to my response to question on notice No. 362 in the Legislative Assembly.

PARK RANGERS (Question No. 286) Hon. M. A. BIRRELL (East Yarra) asked the Minister for Education, for the Minister for Conservation and Environment: (a) How many park rangers were employed by the Department of Conservation, Forests and Lands in each year since 1982? (b) Using the same format as table 2 ofthe 1989 annual report on the National Parks Act, how many rangers were allocated to each region-or equivalent area-since 1982? (c) How many extra rangers are expected to be employed in 1990 and 1991? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Conservation and Environment is: (a) 1982-106 1983-142 1984-145 1985-152 1986-155 1987-175 1989-221 Figures for 1988 are available from the 1989 annual report on the National Parks Act. (b) Table in requested format follows. Note that ranger numbers per region are dependent on the number of parks in that region, so that regions with fewer parks will have fewer rangers. (c) The employment of additional rangers depends on the budget process. NUMBER OF PARKS AND RANGERS Parks Rangers Region 1982 1983 1984 1985 1986 1987 1989 1982 1983 1984 1985 1986 1987 1989 Mildura 6 6 6 6 6 6 6 11 11 11 11 11 10 11 Horsham 1 1 2 2 2 4 5 3 3 6 10 9 10 14 Portland 9 9 9 9 9 9 9 10 10 10 12 12 15 17 Colac 3 3 3 3 3 3 4 9 9 9 9 10 9 8 Ballarat 0 0 0 0 0 1 2 0 0 0 0 0 2 1 Bendigo 0 0 0 0 6 6 9 0 0 2 2 2 2 4 Geelong 3 3 3 3 3 5 5 4 4 4 4 4 5 7 Benalla 1 1 1 1 2 3 3 0 0 0 1 4 5 7 Alexandra 6 6 6 6 6 6 6 12 12 12 12 12 12 14 North 7 7 9 9 10 10 10 16 16 14 14 14 14 17 QUESTIONS ON NOTICE

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Parks Rangers Region 1982 1983 1984 1985 1986 1987 1989 1982 1983 1984 1985 1986 1987 1989 East Dandenong 13 13 13 13 14 14 16 23 23 23 21 21 26 48 Yarram 5 5 5 5 5 5 5 12 12 12 12 13 15 15 Central 7 7 7 7 9 10 9 9 11 11 11 11 12 14 Gippsland Bairnsdale 7 8 8 8 8 9 9 10 10 10 11 11 13 13 Orbost 4 4 4 5 5 5 5 9 9 8 9 8 12 16 Melbourne 3 3 3 3 3 3 4 12 12 13 13 13 13 15 Total 64 76 79 80 91 99 107 106 142 145 152 155 175 221

WORKCARE (Question No. 288) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour: (a) What are the full details of the scale of fees agreed to be paid to legal representatives of WorkCare claimants appearing before the appeals board and the tribunal? (b) Has the position of the WorkCare Complaints Investigator been filled, indicating the name, qualifications and background of the appointee and details of other support staff appointed? (c) Who constituted the interview panel for the appointment of members to the WorkCare Appeals Board, giving details of their employment position at the time and knowledge of the WorkCare system? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: I refer Mr Ashman to my response to question on notice No. 399 in the Legislative Assembly.

DEPARTMENT OF LABOUR SAFETY INSPECTORS (Question No. 290) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour: How many former BLF officials are currently employed as safety inspectors by the Department of Labour, giving details of the skills, qualifications and experience of each person relevant to their employment? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: I refer Mr Ashman to my response to question on notice No. 392 in the Legislative Assembly.

GEELONG OFFICE OF DEPARTMENT OF LABOUR (Question No. 292) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour: (0) Was the Department of Labour's Geelong office broken into three times in November 1989; if so, were these occurrences reported to the police and, in the event that they were not reported to police, why? (b) Was the personnel file ofa former officer, William Donovan, removed from an office occupied by the department; if so-(i) when; (ii) how; and (iii) has it been recovered? QUESTIONS ON NOTICE

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Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: I refer Mr Ashman to my response to question on notice No. 396 in the Legislative Assembly.

YOUTH GUARANTEE SCHEME (Question No. 295) Hon. B. A. E. SKEGGS (Templestowe) asked the Minister for Consumer Affairs, for the Minister for Labour: (a) What was the actual cost of funding the Youth Guarantee scheme in 1988-89? (b) What was the budget outlay for the scheme in 1989-90? (c) Why has the Youth Guarantee scheme budget been cut in the 1989-90 fmancial year? (d) Why has the Youth Guarantee program been consolidated with the Youth Affairs Division? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: (a) Actual cost of funding the Youth Guarantee scheme in 1988-89-$10472573. (b) Budget outlay for the Youth Guarantee scheme in 1989-90-$8 200 000. (c) Reduction in allocation 1989-90 financial year reflects: (i) the phasing out of salary subsidies for public sector traineeships; (ii) the improved labour market and school retention opportunities for fifteen to eighteen-year­ olds in Victoria; (iii) Job and course explorer unit funding transferred to Ministry of Education; and (iv) the elimination of youth employment strategy promotions campaign. (d) The consolidation of the Youth Guarantee Scheme with Youth Affairs Division, Department of Labour has: (i) realised savings in the administration and program support areas by the incorporation of Youth Guarantee within the Youth Affairs Division; and (ii) fostered greater cooperation and coordination of youth affairs policy and programs within the Department of Labour.

(Question No. 296) Hon. B. A. E. SKEGGS (Templestowe) asked the Minister for Consumer Affairs, for the Minister for Labour: In regard to the Youth Guarantee program: (a) How many traineeships were created in the 1988-89 financial year by the program? (b) How many of those traineeships went to youth from rural areas? (c) What proportion of all traineeships created in the 1988-89 financial year went to applicants meeting the selection criteria for the program? (d) What was the total cost of the Youth Guarantee traineeship program in the 1988-89 financial year? Hon B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: (a) Public sector traineeships created in the 1988-89 financial year: 103 in State authorities; and 118 in Victorian Public Service. QUESTIONS ON NOTICE

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(b) Numbers of these trainees from rural areas: 52 trainees from the following rural areas: Traralgon Geelong Ballarat Bendigo Wangaratta (c) Proportion of these traineeships to applicants meeting the selection criteria for the program: All Youth Guarantee Scheme funded traineeships met selection criteria, that is, fifteen to eighteen­ year-olds unemployed for six months or more and/or otherwise disadvantaged in the labour market. (d) Total cost of the Youth Guarantee scheme traineeship program 1988-89 financial year: $1 434 168 (See p. 139 Department of Labour 1988-89 annual report)

(Question No. 297) Hon. B. A. E. SKEGGS (Templestowe) asked the Minister for Consumer Affairs, for the Minister for Labour: In regard to the Youth Guarantee program: (a) How many tertiary places were created in the 1988-89 financial year by the program? (b) What was the total cost of providing those extra tertiary places? (c) How many of those additional tertiary places were created at Victorian universities, and how many at other institutions? (d) What proportion of the additional places created in the 1988-89 financial year went to the prime target group of disadvantaged youth? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: Tertiary places are not funded and/or monitored under the Youth Guaratnee scheme, rather they are the responsibility of the Minister for Education. (a) Number of youths seeking vocational information from the Youth Guarantee Employment Counsellor and Placement Service 1988-89: 2025. (b) Numbers of youths placed in employment 1988-89 financial year: placed jobs 695 placed apprenticeships 150 placed traineeships 84

Total placements (not including training and education placements) 929

(c) Retention rate for employment over this period: Retention Rate % Job % App. % T/Ship First six months 87·6 86·2 82·2 Second six months 86·2 92·9 67·7 Average both periods 86·9 89·55 74·95 (d) Proportion of these clients to applicants meeting the selection criteria for the program: All clients of the Youth Guarantee Employment Counsellor and Placement Service met the selection criteria that is 15 to 18-year-olds unemployed for six months or more and/or otherwise disadvantaged in the labour market. (e) Total cost of the Youth Guarantee Employment Counsellor and Placement Service for the 1988-89 financial year: $2 568 082. QUESfIONS ON NOTICE

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WARNING SIGNALS ON TRAIN LINES (Question No. 305) Hon. G. B. ASHMAN (Boronia) asked the Minister for Education, for the Minister for Transport: (a) What action, ifany, has been taken by V/Line to install warning lights and bells at the Hunts Road level crossing, Moriac? (b) How many other crossings where fatalities have occurred on the Warmambool train line have no warning signal apparatus, indicating in each case-(i) if it is proposed to install warning equipment; and (ii) when the equipment will be operative? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: Mr Ashman is referred to the answer provided by the Minister for Transport to question on notice No. 164 asked by the honourable member for South Barwon in the Legislative Assembly.

MYTTON RODD LTD (Question No. 311) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour: (a) Is Mytton Rodd Ltd suing the Department of Labour for $7 million with respect to a component approved by the Department of Labour under the Boilers and Pressure Vessels Act 1970 which has failed and caused the company financial loss? (b) Has the department sought the services of its former Director of Technical Services, Mr Don Robinson, in this matter? (c) Was Mr Robinson removed from the department after allegations of impropriety by the former Director-General, Mr Phillip Bentley? (d) Has Mr Robinson been engaged because the department does not have sufficient ably qualified staff to investigate? (e) Has Mr Robinson been re-employed at a rate of$80 per hour with a ceiling cap of$5000? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: (a) Yes. Mytton Rodd Ltd has issued a writ seeking damages concerning an issue which occurred in 1983. (b) Yes. (c) No. Mr Robinson elected to retire. (d) No. Following discussions with the Government Solicitor, Mr Robinson was engaged to provide assistance on administrative and policy matters pertaining at that time. The department has suitably qualified engineering and technical staff to investigate a whole range of matters and access to external sources as required. (e) Yes.

YOUTH GUARANTEE SURVEY (Question No. 314) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour: What was the cost of the Youth Guarantee survey of year 12 students conducted in 1989, indicating­ (i) how many students were surveyed; and (ii) if the survey information was gained on the basis of confidentiality; if not, why? QUESfIONS ON NOTICE

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Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: A Youth Guarantee survey of year 12 students was not conducted. The only Youth Guarantee survey conducted in 1989 was of years 10, 11 and 12 students, indicating an intention ofleaving school. The cost of this survey was $19 551.94. The survey information was gained by a questionnaire circulated to students within schools with the express intention of providing school leavers with information and support in their transition from school to work or further education. The survey information was/is only used for the above purpose. YOUTH GUARANTEE BROCHURE (Question No. 315) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour: (a) How many copies of the Youth Guarantee brochure The Job Packet were printed and distributed, respectively? (b) What was the cost of printing and distribution? (c) How many calls have been received by the "Next Move 90" phone service? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: (a) 75 ()()() copies of The Job Packet were printed; 52 ()()() copies have been distributed to date. (b) The cost of printing the cards and wallets-printing and supply-was $11 506.96. There has been no cost associated directly with the distribution of The Job Packet. (c) A total of 1138 phone calls were received as a direct result of the "Next Move 90" phone-in campaign.

ACCIDENT COMPENSATION COMMISSION (Question No. 318) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour: Is the Accident Compensation Commission aware of the requirement of section 37 A of the Accident Compensation Act 1985 that each quarterly report should contain an audited financial statement; if so-(i) when is it proposed that the financial statements contained in the quarterly report for the December quarter 1989 will be audited and presented to Parliament; and (ii) will he ensure that future reports contain audited financial statements? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: I refer the honourable member to my response to question on notice No. 426 in the Legislative Assembly. GENERAL MOTORS HOLDEN LTD (Question No. 319) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour: Was General Motors Holden Ltd self-insured under the Accident Compensation Act 1985 and re­ admitted to the scheme by way of negotiated contract in 1987; if so, are money owed by General Motors Holden Ltd and fall due on 30 June 1990 and, in that event, what steps have been taken to determine the amount owing to ensure that the commission's full entitlement will be received? QUESfIONS ON NOTICE

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Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: I refer the honourable member to my response to question on notice No. 427 in the Legislative Assembly.

INTER-HOSPITAL AMBULANCE TRANFERS (Question No. 323) Hon. M. A. BIRRELL (East Yarra) asked the Minister for Health: (a) How many inter-hospital tranfers by ambulance were initiated by each of the Alfred, Austin, Box Hill, Geelong, Preston and Northcote Community, Royal Melbourne, Royal Women's and the Royal Children's hospitals, the Maribyrnong Medical Centre and the Monash Medical Centre, in 1988-89? (b) What is the estimated cost to the taxpayer of these transfers, on a hospital by hospital basis? Hon. C. J. HOGG (Minister for Health)-The answer is: (a) The number of inter-hospital ambulance transfers as provided by each hospital is: INTER-HOSPITAL TRANFERS BY AMBULANCE 1988-89 (aJ Estimated Number Hospital of Tranfers Geelong 709 Royal Melbourne 1157 Royal Women's *120 Royal Children's 187 Western (formerly Maribyrnong Medical Centre) 1288 Alfred 810 Monash Medical Centre -Prince Henry's 1570 -Moorabbin 531 -Clayton 1050 Austin 989 Box Hill 723 Preston and Northcote Community 1107 *Figures do not include neonatal transfers. (b) The need for inter-hospital transfers arises for a number of reasons. These include the need to transfer patients to the most appropriate specialist care-for example, seriously ill children to the Royal Children's Hospital, spinal injury patients to the Austin Hospital, seriously ill or injured patients being retrieved to a major referral hospital for specialist diagnostic tests or treatment, or patients being discharged from an acute hospital to an after-care centre. In addition, there are circumstances where a transfer arises because of overload at a particular time in services at individual hospitals. The estimated cost to the taxpayer for these transfers as provided by the respective hospitals is:

INTER-HOSPITAL TRANSFERS BY AMBULANCE 1988-89 (b) Estimated Hospital CostS Geelong 248603 Royal Melbourne 195533 Royal Women's 27960 Royal Children's 109 190 Western (formerly Maribyrnong Medical Centre) 161 ()()() Alfred 170100 QUESTIONS ON NOTICE

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(b) Estimated Hospital Cost $ Monash Medical Centre -Prince Henry's 191 000 -Moorabbin 113000 -Clayton 210 000 Austin 167326 Box Hill 129 109 Preston and Northcote Community 156947

LONG SERVICE LEAVE-TEACHING (Question No. 329) Hon. G. B. ASHMAN (Boronia) asked the Minister for Health, for the then Minister for Education: How many teachers in each teaching division had qualified for long service leave as at 31 December for each of the past five years and what was the total long service leave liability in each of the teaching divisions? Hon. C. J. HOGG (Minister for Health)-The answer supplied by the then Minister for Education is: The Ministry of Education included a provision for reporting on long service leave entitlements for the first time in the 1988-89 annual report. The estimate was compiled using random sampling. Due to the sampling techniques used, there is 95 per cent confidence that the estimated long service leave liability for teachers as at 30 June 1989 falls between $318·8 million and $405·8 million. Information on actual teacher numbers eligible for long service leave in each of the past five years and the level of liability in each of the teaching divisions is not maintained in a readily available form. The time and resources required to provide this information in the form requested would be considerable and cannot be diverted from essential tasks at this time.

(Question No. 330) Hon. G. B. ASHMAN (Boronia) asked the Minister for Health, for the then Minister for Education: What is the government's policy in the granting oflong service leave applications to teachers within all teaching divisions? Hon. C. J. HOGG (Minister for Health)-The answer supplied by the then Minister for Education is: A notice is published four times each year in the Education Gazette requesting applications for long service leave. The notice sets out the priorities for the leave. The highest priority is given to teachers who had their previous application refused and to those applying for a complete term or terms. Teachers are also able to apply for a period shorter than a term. The notice also states that an application may not be approved where it is unlikely that a replacement will be available for the period ofleave. When applications for long service leave are first reviewed by officers in the staffing section, consideration is given to the number of requests at a particular school, the length of service of the applicant and the likely ability to obtain a replacement through the staffing office or by the use of emergency teachers. When an application for long service leave is refused, a teacher may appeal. During the appeal process and if it can be established at the school level that a replacement teacher can be made available to cover an absence, and that a school or schools in the locality will not suffer staff shortages as a consequence, the leave is then approved. QUESTIONS ON NOTICE

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As a result of this process, most teachers who appeal against the initial refusal are able to gain long service leave. The timeline and process for long service leave was developed in conjuction with the Victorian Affiliated Teachers Federation and has proved most successful in balancing the needs of both teachers and schools to ensure that there is continuity of programs for students.

CONSTRUCTION INDUSTRY LONG SERVICE LEAVE BOARD (Question No. 332) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour: (a) How many inspectors are employed by the Construction Industry Long Service Leave Board? (b) What was the nature of the previous employment of each inspector currently employed? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: (a) Sixteen inspectors are currently employed. (b) Eight have administrative officer, public sector backgrounds. Eight have private sector backgrounds as follows: 2 accountants; 1 auditor; 1 junior accountant; 1 manager; 1 trainee retail manager; 1 T AFE tutor; and 1 accounts clerk.

(Question No. 333) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour: Has the Construction Industry Long Service Leave Board sought to make any determination under section 76 ofthe Construction Industry Long Service Leave Board Act 1983 in relation to the swimming pool or spa industries; if so- (a) When was the application made? (b) Who made the application? (c) Who determined any application? (d) If any application has been determined in the affirmative--{i) have any prosecutions been commenced against any person under any part of the Act; and (ii) who authorised the prosecutions? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: (a) 8 August 1988. (b) The Swimming Pool and Spa Association of Victoria Ltd. (c) Determination process not yet completed. (d) Refer (c) above.

COMCARE (Question No. 335) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour: In respect of WorkCare rehabilitation services providing services to Comcare: (a) Are WorkCare rehabilitation services approved rehabilitation providers by Comcare? (b) How much revenue was received by WorkCare rehabilitation services, and how many clients were treated in the quarter ended 31 March 1990? QUESTIONS ON NOTICE

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(c) Why are WorkCare rehabilitation services providing services to Commonwealth employees when their mandate is to provide rehabilitation services to injured clients under WorkCare? (d) What delays have been caused to WorkCare patient care as a consequence of WorkCare rehabilitation services doing Comcare work? (e) Is there any formal agreement between the government and Comcare and, in that event, will he provide details ofthe agreement including any financial benefit or franchise deal? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: I refer the honourable member to my response to question on notice No. 475 in the Legislative Assembly. RODDING EMPLOYEES AT PORTLAND SMELTER (Question No. 338) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour: (a) Do the Occupational Health and Safety (Manual Handling) Regulations 1988 relate to the requirement for rodding employees at the Portland smelter to "bar down", with a crowbar, anode stems into anode blocks; if so, why is this practice required despite past accidents and the likelihood of more? (b) Are fork-lift trucks operating at the smelter subject to recurrent faults which would prevent them from meeting safety requirements under the Lifts and Cranes Act 1959? (c) Does the mode of operation of the fork-lift trucks in the rodding section of the smelter conform with the Lifts and Cranes Act 1959 and with the Occupational Health and Safety Act 1985? (d) Will the Minister provide details of the number and dates of visits made to the rodding section of the smelter by any inspectors of the Department of Labour, indicating whether any breaches of the Lifts and Cranes Act 1959 or the Occupational Health and Safety Act 1985 were detected? Hon. B. W. MIER (l\1inister for Consumer Affairs)-The answer supplied by the Minister for Labour is: I refer the honourable member to my response to question on notice No. 434 in the Legislative Assembly. COMMUNITY SERVICES INDUSTRY STUDY (Question No. 341) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Health, for the Minister for Community Services: (a) What is the estimated cost of the Community Services Industry Study? (b) What is the time frame for the completion of the study? (c) Which individual members of staff are occupied for the duration of the study? Hon. C. J. HOGG (Minister for Health)-The answer supplied by the Minister for Community Services is: The purpose of the Community Services Industry Study is to develop a database on the community services industry in Victoria. The study will gather data on services managed by both the non-government sector and CSV. Aggregate data collected by the study will be made available to non-government community service organisations and other interested agencies through the publication and circulation of reports. The project is the first of its kind in Australia and comes at a critical time for the rapidly growing community services industry. The development of the database will enable government and non­ government organisations to collaborate in more effective and efficient long-term planning for the community services industry in Victoria. QUESTIONS ON NOTICE

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During the ten months the project has been operating, the staffhas built slowly to an establishment of twelve with expertise in the areas of research, data analysis, accountancy, computer systems and clerical/keyboard skills. It is anticipated that most of these staff will be employed for the duration of the study, with the usual periodic assessment of the adequacy or otherwise of the number of staff required to meet the demands of the study. The estimated cost of the project for the first twelve months is $510 000. This comprises salaries and salary oncosts for twelve staff, an estimate of the cost of renting office accommodation at 55 Swanston Street, Melbourne, for those twelve staff, an operating budget and special allocation for computer equipment. The study is in its first stage. It is anticipated that it will continue for several years. During the first year basic information will be collected on the number, composition, range and distribution of organisations in the community service sector in Victoria; the activities and services provided; the clients and users of the services; the human and financial resources involved; and the costs of providing these services. A report will be completed towards the end of 1990. In continuing over several years the study will address issues of relevance raised by both the government and non-government sectors. The framework used for data collection will provide a basis for long-term planning and for looking at more complex issues in future years. These issues may include the quality of services delivered, the role and contribution of unpaid workers/volunteers, and training of workers.

PORTABLE LONG SERVICE LEAVE PROPOSAL (Question No. 344) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour: (a) What steps have been taken to consult with business organisations on the government's portable long service leave proposal? (b) Has a draft Bill been prepared; if so, will it be introduced into Parliament during the current sitting? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: I refer the honourable member to my response to question on notice No. 439 in the Legislative Assembly.

PURCHASE OF FORK-LIFT TRUCKS (Question No. 345) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour:

(a) Did the Department of Labour recommend that the Portland smelter purchase five TCM FD 70 7-tonne fork-lift trucks for use in the pot room, as being suitable for the work to be performed; if so­ (i) who made the recommendation; and (ii) what were their qualifications? (b) Did the operators ofthese machines complete an approved Department of Labour training course; if so-(i) did the course include the tuition of operators to drive backwards in an uncomfortable mode for long periods of time over lengthy distances in machines with poor visibility; and (ii) what was the name of the organisation conducting the course? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: I refer Mr Ashman to my response to question on notice No. 510 in the Legislative Assembly. QUESTIONS ON NOTICE

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PILOT EXPORT PROMOTION CAMPAIGN (Question No. 346) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Sport and Recreation: In relation to the pilot export promotion campaign: (a) What was-(i) the level of exports during the pilot campaign; and (ii) the amount of financial assistance paid to each company under this campaign? (b) How many joint ventures with private companies have been entered into by the government, indicating in each case-(i) the name of the company; and (ii) the total amount invested by the government and each company, respectively? (c) How many Victorian firms have received direct government assistance under the campaign to identify contracts to build sporting and recreational facilities in the Pacific Region, indicating how many firms won contracts by the target date of June 1988? (d) Which sporting events have received financial support for the staging of selected international standard sporting competitions in Victoria since January 1989, indicating the financial allocation to each event? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Sport and Recreation is: I refer Mr Ashman to my response to Legislative Assembly question on notice No. 509 provided for the current sitting.

CRIMINAL CHARGES LAID BY DEPARTMENT OF LABOUR (Question No. 347) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour: (a) Is the Minister aware that criminal charges laid by the Department of Labour against a fork-lift examiner, Mr G. Hristovski, were rejected by the Magistrates' Court on 4 April 1990; if so-(i) what action has he taken to make restitution to Mr Hristovski; (ii) has Mr Hristovski's licence to test been reinstated; and (iii) what licensing procedures have been altered following the Minister's promise in September 1989 to investigate the way licences to operate fork-lifts are issued? (b) Did the magistrate state in court that there was an emphasis of overkill in the charges and that the government witness never wanted to be involved in the case and had retracted all damaging statements against the accused, months prior to the court hearing; if so, who authorised the case to proceed without any credible evidence? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: I refer Mr Ashman to my response to question on notice No. 508 in the Legislative Assembly.

OFFICE OF PRICES (Question No. 348) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Prices: (a) How many employees, including exempt employees, were employed in the Office of Prices or any of its agencies at the end of each month in 1988-89, and in 1989-90 to date? (b) What was the budget allocation for each year and what were the overruns, ifany? QUESTIONS ON NOTICE

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Hon. B. W. MIER (Minister for Prices)-The answer is: (a) The following figures set out the numbers of employees, including exempt employees, employed in the Office of Prices at the end of each month as indicated, in 1988-89 and 1989-90 to date: July 1988 to March 1989 12 April 1989 to May 1989 13 June 1989 To September 1989 14 October 1989 to November 1989 15 December 1989 14 January 1990 to February 1990 17 March 1990 15 April 1990 16 (b) The budget allocation for 1988-89 was $668 000, with no overruns. The budget allocation for 1989-90 was $651 000.

"LOOKING FORWARD TO AN OLDER VICTORIA" PUBLICATION (Question No. 350) Hon. G. P. CONNARD (Higinbotham) asked the Minister responsible for the aged: (a) How many copies of the publication Looking Forward ToAn Older Victoria were printed? (b) What are the categories of people to which it was distributed? (c) What was the total cost of the production, delineating the costs of consultations, design, printing and distribution? Hon. M. A. LYSTER (Minister for Local Govemment)-The answer is: (a) 3000 copies were printed. (b) The document is being distributed to the following categories of people: members of Parliament-Victorian, and Commonwealth MPs from Victoria; relevant Victorian government departments-such as health, CSV, housing, labour; local government autnorities; municipal libraries; other State and Commonwealth offices for the aged; relevant non-government organisations and consumer groups, such as the Victorian Council on the Ageing, the Combined Pensioners, VCOSS, the Brotherhood ofSt Laurence; tertiary institutions with relevant courses-for example, gerontology, social work, nursing; and copies are also distributed to individuals making inquiries to the Older Persons Planning Office about government policy on ageing. (c) The cost of publication was $11 400, which includes design and printing. Costs of distribution have not yet been incurred because the large-scale mail-out has not yet been done. These costs will be met by the Older Persons Planning Office within budget.

BUYING ADVISORY SERVICE (Question No. 352) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Consumer Affairs: (a) What monetary value of grants were approved by the Ministry for Consumer Affairs to the Buying Advisory Service for each of the years 1987-88 and 1988-89? (b) What were the total amounts paid to the service for each of the above years? (c) What is the status of the service now? QUESI'IONS ON NOTICE

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(d) What was the amount of the most recent payment and when was it paid? (e) Has the service ceased operation; ifso, what was the date of such cessation, indicating-(i) whether any money were repaid to the Ministry by the service; and (ii) whether any equipment used by the service was taken over by the Ministry and, on what basis? (/) Was any efficiency audit or evaluation carried out on the activities of the service; if so, with what results? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer is: (a) 1987-88 financial year-$182 374-approved 1988-89 financial year-$120 546-approved (b) 1987-88 financial year-$182 374-expended 1988-89 financial year-Sl20 546-expended (c) The Victorian Consumer Buying Advisory Service ceased its operations as at 26 October 1989; it no longer provides a buying advisory service and no longer receives funding from MCA. (d) The amount of the most recent payment to the organisation was $60 273, which was drawn on 19 June 1989. (e) (i) No moneys were repaid to the Ministry by the service. (ii) Equipment used by the service was returned to the Ministry. This action was taken because the equipment was purchased with Ministry funds and conditions of funding were that such equipment purchased should be returned to the Ministry at the expiration of the project. (/) The organisation provided quarterly program reports to the Ministry. ALPINE RESORTS COMMISSION (Question No. 353) Hon. G. R. CRAIGE (Central Highlands) asked the Minister for Industry and Planning, for the Minister for Tourism: (a) What significant problems are being encountered with the Alpine Resorts Commission financial management system in the preparation of the 1988-89 financial statements? (b) How many staff are currently employed in the preparation of the commission's financial statements for 1988-89 and what are their positions and qualifications? Hon. D. R. WHITE (Minister for Industry and Economic Planning)-The answer supplied by the Minister for Tourism is: (a) A set of financial statements has been completed for the Alpine Resorts Commission for the 1988-89 financial year. These financial statements have been sent to the Auditor-General for audit and upon the completion of this audit, they shall be published in the Alpine Resorts Commission's annual report. This is in accordance with the Annual Reporting (Contributed Income Sector) Regulations 1988, and the Annual Reporting Act 1983. (b) The responsible officer for the preparation of these financial statements is the Manager, Corporate Business and Finance. This officer's qualifications are B. (Com) AASA, CPA, FCIS, FCIM. MELBOURNE 1996 OLYMPIC BID (Question No. 355) Hon. G. B. ASHMAN (Boronia) asked the Minister for Local Government: In respect of each department, agency and authority within her administration, what contributions have been made to the Melbourne 1996 Olympic bid, indicating, in each case, the amount contributed or, in the event of a non-cash contribution, the cash equivalent? Hon. M. A. LYSTER (Minister for Local Government)-The answer is: I am not aware of any contributions made to the Melbourne 1996 Olympic bid in respect of any agencies within my administration. QUESTIONS ON NOTICE

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WORKCARE (Question No. 359) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour: (a) How many applications for review of WorkCare levy were received for the quarters ended June, September, and December 1989, and March 199O? (b) How many applications were dealt with in each quarter? (c) How many applications were outstanding in each quarter? (d) How many of those dealt with had their levies-(i) reduced; (ii) unchanged; and (iii) increased, in each quarter as a result of their appeal? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: I refer Mr Ashman to my response to question on notice No. 512 in the Legislative Assembly.

MELBOURNE 1996 OLYMPIC BID (Question No. 362) Hon. G. B. ASHMAN (Boronia) asked the then Minister for Housing and Construction: In respect of each department, agency and authority within his administration, what contributions have been made to the Melbourne 1996 Olympic bid, indicating, in each case, the amount contributed or, in the event of a non-cash contribution, the cash equivalent? Hon. B. T. PULLEN (then Minister for Housing and Construction)-The answer is: Input to the 1996 Olympic bid, by the Ministry of Housing and Construction has occurred through research into the housing impacts of the games on Melbourne. A reference group was convened to address housing-relate~ issues and impacts arising from the games. Participants in the reference group have given their time voluntarily. No direct cash or other in kind contribution have been made by this Ministry.

(Question No. 363) Hon. G. B. ASHMAN (Boronia) asked the Minister for Industry and Economic Planning: In respect of each department, agency and authority within his administration, what contributions have been made to the Melbourne 1996 Olympic bid, indicating, in each case, the amount contributed or, in the event of a non-cash contribution, the cash equivalent? Hon. D. R. WHITE (Minister for Industry and Economic Planning)-The answer is: The following areas of my department have made contributions to the Melbourne 1996 Olympic bid: DEPARTMENT OF INDUSTRY AND ECONOMIC PLANNING This matter is being dealt with under a freedom of information request from Mr P. Gude, MP. STATE ELECTRICITY COMMISSION OF VICTORIA The commission has had indirect contribution through Spoleto Festival-special lighting displays $350000. QUESTIONS ON NOTICE

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Planning of the electrical supplies for the proposed facilities at Albert Park velodrome has been provided by the commission free of charge. GAS AND FUEL CORPORATION OF VICfORIA The corporation has had indirect contribution through Spoleto Festival-a contribution of$350 000.

(Question No. 364) Hon. G. B. ASHMAN (Boronia) asked the Minister for Health, for the Minister for Ethnic Affairs: In respect of each department, agency and authority within his administration, what contributions have been made to the Melbourne 1996 Olympic bid, indicating, in each case, the amount contributed or, in the event of a non-cash contribution, the cash equivalent? Hon. C. J. HOGG (Minister for Health)-The answer supplied by the Minister for Ethnic Affairs is: This information is being dealt with under the Freedom ofInformation Act 1982.

(Question No. 366) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Property and Services: In respect of each department, agency and authority within his administration, what contributions have been made to the Melbourne 1996 Olympic bid, indicating, in each case, the amount contributed or, in the event of a non-cash contribution, the cash equivalent? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Property and Services is: This matter has been dealt with under a freedom of information request from Mr P. Gude, MP.

(Question No. 367) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Sport and Recreation: In respect of each department, agency and authority within his administration, what contributions have been made to the Melbourne 1996 Olympic bid, indicating, in each case, the amount contributed or, in the event of a non-cash contribution, the cash equivalent? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Sport and Recreation is: I refer the honourable member to my response to Legislative Assembly question on notice No. 527 provided for the current sitting.

(Question No. 368) Hon. G. B. ASHMAN (Boronia) asked the Minister for Education, for the Minister for Conservation and Environment: In respect of each department, agency and authority within his administration, what contributions have been made to the Melbourne 1996 Olympic bid, indicating, in each case, the amount contributed or, in the event of a non-cash contribution, the cash equivalent? QUESTIONS ON NOTICE

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HOD. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Conservation and Environment is: Please refer to the Minister's reply to Legislative Assembly Question on Notice No. 525.

(Question No. 369) HOD. G. B. ASHMAN (Boronia) asked the Minister for Education, for the Minister for Planning and Urban Growth: In respect of each department, agency and authority within his administration, what contributions have been made to the Melbourne 1996 Olympic bid, indicating, in each case, the amount contributed or, in the event of a non-cash contribution, the cash equivalent? HOD. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Planning and Urban Growth is: This matter is being dealt with under a freedom of information request from Mr Phillip Gude, MP.

(Question No. 370) HOD. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs: In respect of each department, agency and authority within his administration, what contributions have been made to the Melbourne 1996 Olympic bid, indicating, in each case, the amount contributed or, in the event of a non-cash contribution, the cash equivalent? HOD. B. W. MIER (Minister for Consumer Affairs)-The answer is: I refer the honourable member to question on notice No. 524 in the Legislative Assembly.

(Question No. 372) HOD. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs, for the Minister for Labour: In respect of each department, agency and authority within his administration, what contributions have been made to the Melbourne 1996 Olympic bid, indicating, in each case, the amount contributed or, in the event of a non-cash contribution, the cash equivalent? HOD B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Labour is: I refer the honourable member to my response to question on notice No. 522 in the Legislative Assembly.

(Question No. 376) HOD. G. B. ASHMAN (Boronia) asked the Minister for Industry and Economic Planning, for the Treasurer: In respect of each department, agency and authority within his administration, what contributions have been made to the Melbourne 1996 Olympic bid, indicating, in each case, the amount contributed or, in the event of a non-cash contribution, the cash equivalent? HOD. D. R. WHITE (Minister for Industry and Economic Planning)-The answer supplied by the Treasurer is: Following Melbourne's successful bid to the Australian Olympic Federation (AOF) in November 1988, the Victorian government pledged a direct cash contribution of $9 million over three financial years towards the cost of the bid to the International Olympic Committee (IOC). The government grant is QUESTIONS ON NOTICE

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payable to the Melbourne Olympic Candidature Ltd (MOC) through the Department of Sport and Recreation. In his May 1990 report to Parliament on Ministerial portfolios, the Auditor-General stated that "the department has applied that standard review and monitoring practices expected of public sector entities where grants have been provided to non-government organisations". Over the past two years, Treasury officers have been involved with matters associated with Melbourne's Olympic candidature as part of their normal duties. However, as these activities have been undertaken within existing resourcing levels, there has been no additional cost involved. The State Insurance Office has undertaken a two-year sponsorship of the All Nations Avenue of Flags Project under the auspices of the Project Melbourne 1996 at a total cost of$2750. State Bank Victoria has supported the bid by joining the Olympic 100 Club through the contributions of $1 00 000 as part of its overall policy of community support. In concert with the other major banks, State Bank Victoria also accepts donations at its branches for the Olympics Downunder Club.

(Question No. 377) Hon. G. B. ASHMAN (Boronia) asked the Minister for Local Government, for the Minister for Tourism: In respect of each department, agency and authority within his administration, what contributions have been made to the Melbourne 1996 Olympic bid, indicating, in each case, the amount contributed or, in the event of a non-cash contribution, the cash equivalent? Hon. M. A. LYSTER (Minister for Local Government)-The answer supplied by the Minister for Tourism is: With respect to the Victorian Tourism Commission, this matter is being dealt with under a Freedom ofInformation request from the honourable member for Hawthorn in the Legislative Assembly.

MINISTRY OF CONSUMER AFFAIRS (Question No. 379) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Consumer Affairs: How many employees, including exempt employees, were employed in each of the Ministry of Consumer Affairs and its agencies at the end of each month in 1988-89 and in 1989-90 to date? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer is: The data is given on the attached table. Please note, this information is in accordance with Treasury's statistical requirements. The data includes: All officers, employees and exempt persons employed under the Public Service Act who are paid during the pay period to be reported on. Persons on any form of paid leave, that is, sick, recreation, WorkCare, long service leave during pay period. Secondees from other administrative units who are paid during relevant pay period. Full-time and part-time statutory appointees who are paid during relevant pay period. The data does not include: Secondees from Ministry who are paid by another administrative unit. Persons from Ministry on leave without pay. Full-time equivalent of part-time staff. QUESTIONS ON NOTICE

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TOTAL NUMBER OF EMPLOYEES AT MINISTRY AS REPORTED TO TREASURY

Ministry of Liquor Licensing Date as at Consumer Affairs Commission Total 15.7.88 276 19.8.88 281 16.9.88 292 21.10.88 298 18.11.88 292 16.12.88 305 20.1.89 307 17.2.89 313 *76 389 17.3.89 304 78 382 21.4.89 327 87 414 19.5.89 341 94 435 16.6.89 357 98 455 21.7.89 358 104 462 18.8.89 352 96 448 15.9.89 333 95 428 20.10.89 321 92 413 17.11.89 *346 88 434 15.12.89 348 88 436 19.1.90 354 86 440 16.2.90 350 89 439 16.3.90 352 88 440 20.4.90 353 95 448 18.5.90 355 96 451 -Due to machinery of government changes Liquor Licensing Commission and administrative responsibility for the Office of Prices were transferred to the Ministry in February and November 1989 respectively.

MELBOURNE 1996 OLYMPIC BID (Question No. 380) Hon. M. A. BIRRELL (East Yarra) asked the Minister for Major Projects: In respect of each department, agency and authority within his administration, what contributions have been made to the Melbourne 1996 Olympic bid, indicating, in each case, the amount contributed or, in the event of a non-cash contribution, the cash equivalent? Hon. D. R. WHITE (Minister for Major Projects)-The answer is: This matter is being dealt with under a freedom of information request from the honourable member for Hawthorn in the Legislative Assembly.

WESTERN PORT (Question No. 381) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Education, for the Minister for Planning and Urban Growth: With regard to Western Port bay: (a) What is the location of each of the major inputs-rivers, streams and drains? (b) Does the Environment Protection Authority regularly test those locations for bacterial and viral pollution? (c) Will he make available summary tables for each testing over the past two years? QUESlIONS ON NOTICE

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Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Planning and Urban Growth is: (a) A list oflocations of the major inputs to Western Port bay is as follows: Kings Creek (6672) Werringine Creek (6673) Stony Creek (6676) Hastings Drain (6678) Yallock Creek (6655) Cardinia Creek (6665) Gum Scrub Creek (6664) Toomuc Creek (6663) Deep Creek (6662) NW Main Drain (6659) Bunyip River (6657) McDonalds Drain (6659) Watsons Creek (6674) Western Contour Drain (6681) Langwarrin Creek (6670) Lang Lang River (6653) Bass River (6652) Anderson Street Drain (6645)-Phillip Island Saltwater Creek (6646)-Phillip Island Boat Creek (6647)-Phillip Island Merricks Creek (6687) East Creek (6688) (b) During the summer of 1986-87 the EPA monitored the bacteriological water quality often beaches in Western Port bay and four inputs that may have been affecting these beaches. Prior to this study, the EPA conducted a bacteriological water quality program on inputs to Western Port in 1979-81. The bacterium Escherichia coli-E. coli-was used as an indicator of faecal contamination that can give rise to pathogenic organisms in both studies. (c) Summary tables for each of the studies conducted are provided on tables 1,2 and 3 below. Results indicate that the E. coli at swimming beaches in Western Port were well below the maximum level set by the State environment protection policy for Western Port of 200 organisms per 100 mL, which indicates excellent water quality for swimming. The effects of major inputs entering at, or near, these beaches proved to be negligible in terms of bacteriological contamination. Further surveys will be conducted on these inputs and beaches in approximately five years time in order to check that the excellent water quality is being maintained.

Table 1 Results of 1979-1981 E.coli sampling of inputs to Western Port

E.coli (orgs/100 mL) No.oJ Station Input Minimum Maximum Median Samples

6651/2 Bass River 50 22000 164 16 6653 Lang Lang River 70 30000 160 18 6655 Yallock Creek 4 22000 30 18 6657 Bunyip River 10 6600 160 18 6658 NW Catchment Drain 8 6000 40 13 6659 McDonalds Drain 10 102000 30 13 6662 Deep Creek 2 1 700 50 12 6663 Toomuc Creek 10 62000 840 12 6664 Gum Scrub Creek 10 3100 680 7 QUESTIONS ON NOTICE

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E.coli (orgs/IOO mL) No. of Station Input Minimum Maximum Median Samples

6665 Cardinia Creek 110 50000 940 19 6670 Langwarrin Creek 440 440 1 6671 Watsons Creek 30 19000 1 500 18 6676 Stony Creek 120 2800 460 19

Table 2 Western Port E.coli beaches and inputs

Site Description

1. Shoreham Beach (98010) MEL. 196 C-I0 Sample from in front of picnic area at end of Beach Road. 2. Stony Creek (6676) MEL. 196 B-8 Sample at bridge in Bymes Road-gauging station. 3. Point Leo Beach (98020) MEL. 196J-7 Sample from in front of Surf Lifesaving Club. 4. Merricks Creek (6648) MEL. 193D-9 Sample at bridge in Balnarring Beach Road-tidal-Iow tide if possible. 5. Somers Beach (98030) MEL. 194 A-lO Sample from in front of Yacht Club. 6. Cannons Creek Beach (98080) MEL.142G-9 Sample from in front ofIrene Parade. 7. Lang Lang River (6611) MEL. 256 S-8 Sample at South Gippsland Highway­ tidal-low tide if possible. 8. Lang Lang Beach (98090) MEL. 256R-8 Sample from end ofJetty Lane. Turn right at 35 km on highway from Melbourne. 9. Grantville Beach (98100) MEL. 256 R-9 Sample from in front of shower. Turn right at Grantville into Pier Road. 10. Coronet Beach (9811 0) MEL. 256 Q-I0 Sample from in front of car park. Take road to Corinella, turn left at signpost and then right at Cutty Sark Road. 11. Cowes Main Beach (98120) MEL. 256 P-I0 Sample approx. lOOm east ofjetty at end of Findlay Street. 12. Saltwater Creek (6646) MEL. 256 N-lO Sample at Ventnor Road Bridge 300 m west of Red Rock Road. 13. Anchorage Road Beach (Cowes) MEL. 256 N-lO Sample beach lOOm east of Anchorage (98130) Road-near outlet of Saltwater Creek. 14. Blind Bight (98085) MEL. 143 C-I0 Sample 40 m west ofjetty at end of Blind Bight Road.

Table 3 Results ofE.coli analyses-Western Port beaches and inputs

Site E.coli Values Geometric means

A. BEACHES 1. Shoreham Beach (98010) 52,2,38, 12,6 12 2. Point Leo Beach (98020) 10, 10, 10, 10, 1 16 QUESTIONS ON NOTICE

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Site E. coli Values Geometric means

3. Somers Beach (98030) 4, 1,280,4, 10 9 4. Cannons Creek Beach (98080) 20, 10, 70, 180, 1 19 5. Lang Lang Beach (98090) 10, 10, 10, 30, 20 14 6. Grantville Beach (98100) 30, 10, 10, 70, 10 18 7. Coronet Beach (98110) 6, I, 14,6, 10 6 8. Cowes Main Beach (98120) 10,30,30,1200,92 63 9. Anchorage Road Beach (98130) 10, 180,30, 10, I 14 10. Blind Bight Beach (98085) 10, 10, 10, 50, 10 14 B. INPUTS 1. Stony Creek (67676) 640,210,490,940,620 521 2. Merricks Creek (6648) 850,100,630,350,86 276 3. Lang Lang River (6611) 240,270,570,310,210 299 4. Saltwater Creek (6646) 10,60,80,40,150 49

••-6662 6665 i'6663 -6659 6664 .6658 ·6657

/..52 N

Figure 1: Westemport Bay Sampling Strata/Input Sites QUESTIONS ON NOTICE

96 COUNCIL 29 AUGUST 1990

LONG SERVICE LEAVE PUBLICATION (Question No. 382) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Consumer Affairs, for the Minister for Labour: With regard to the publication 'Long Service Leave-Soon you can take it'; (a) How many copies were printed? (b) At whom is the publication specifically directed? (c) What is the total cost of the production, delineating the cost ofdesign, consultants and distribution?

Hon. B. W. MIER (Minister for Consumer Atfairs)-The answer supplied by the Minister for Labour is: This question does not fall within my area of responsibility. I understand that the Minister for Conservation and Environment has responsibility for answering this question.

INTER-HOSPITAL TRANSFERS (Question No. 386) Hon. M. T. TEHAN (Central Highlands) asked the Minister for Health: (a) How many inter-hospital transfers by ambulance were initiated by each of the Alfred, Austin, Box Hill, Geelong, Preston and Northcote Community, Royal Melbourne, Royal Women's, Royal Children's and Western General hospitals and the Monash Medical Centre in 1988-89 and in 1989-90 to date? (b) What is the estimated cost to the taxpayer of those transfers on a hospital-by-hospital basis? Hon. C. J. HOGG (Minister for Health)-The answer is: The number of inter-hospital transfers for these hospitals in 1988-89 has been answered in question on notice No. 323, asked by Mr Birrell. The number of inter-hospital ambulance transfers for 1989-90 as provided by each hospital is: INTER-HOSPITAL TRANSFERS BY AMBULANCE (As at 30 May 1990) (a) Estimated Number Hospital o/Trans/ers 1989-90 Geelong 549 Royal Melbourne 1309 Royal Women's *103 Royal Children's 202 Western (formerly Maribymong Medical Centre) 548 Alfred 779 Monash Medical Centre -Prince Henry's 1135 -Moorabbin 747 -Oayton 1130 Austin 1053 Box Hill 673 Preston and Northcote Community 760 *Figures do not include neonatal transfers. (b) The need for inter-hospital transfers arises for a number of reasons. These include the need to transfer patients to the most appropriate specialist care-for example, seriously ill children to the Children's Hospital, spinal injured patients to the Austin Hospital, seriously ill or injured patients QUESFIONS ON NOTICE

29 AUGUST 1990 COUNCIL 97

being retrieved to a major referral hospital for specialist diagnostic tests or treatment or patients being discharged from an acute hospital to an after-care centre. In addition, there are circumstances where a transfer arises because of overload at a particular time in services at individual hospitals. The estimated cost to the taxpayer for these transfers as provided by the respective hospitals is: INTER-HOSPITAL TRANSFERS BY AMBULANCE (As at 30 May 1990) Hospital (b) Estimated CostS 1989-90 Geelong 229133 Royal Melbourne 268583 Royal Women's 24000 Royal Children's 134756 Western (formerly Maribyrnong Medical Centre) 80008 Alfred 163590 Monash Medical Centre -Prince Henry's 171487 -Moorabbin 185000 -Clayton 240 703 Austin 206 769 Box Hill 125997 Preston and Northcote Community 121 128

HEALTH SERVICE AGREEMENT (Question No. 387) HOD. M. T. TEHAN (Central Highlands) asked the Minister for Health: (a) How many public hospitals in Victoria overspent the allocated global budget agreed to under a Health Service agreement for the year 1988-89 and by how much in each case? (b) How many public hospitals treated more patients than agreed to under a Health ~rvice agreement for the year 1988-89 and by how many patients in each case? Hon. C. J. HOGG (Minister for Healtb)-The answer is:

(b) Excess Number of (a) Over Budget In-patients Treated Hospital 1988-89 1988-89 S Western Metropolitan Region Royal Women's Hospital 177 100 566 Royal Melbourne Hospital 1 167600 4690 Royal Children's Hospital 493100 1362 Peter MacCallum Cancer Institute 447800 124 Western Hospital 293300 1452 Bacchus Marsh Hospital 22100 242 Werribee Hospital 251 100 23 Mount Royal Hospital 314800 20 North Eastern Metropolitan Region Austin Hospital 141 300 922 Eastern Suburbs Geriatric Centre 25300 81 Maroondah Hospital 13900 389 William Angliss Knox and Sherbrooke Community Hospital Nil 379 South Eastern Metropolitan Region Amalgamated Alfred Hospital Nil 1148 Dandenong and District Hospital Nil 67 Spring Session 1990-4 QUESTIONS ON NOTICE

98 COUNCIL 29 AUGUST 1990

(b) Excess Number of (a) Over Budget In-patients Treated Hospital 1988-89 1988-89 $ Mount Eliza Centre Nil 36 Caulfield General Medical Centre Nil 57 Royal Southern Memorial Hospital Nil 95 Barwon/South-Western Reaion Hamilton Base Hospital 86900 187 Koroit and District Memorial Hospital 141200 Nil Timboon and District Hospital 24600 198 Warrnambool and District Base Hospital 195800 173 Geelong Hospital Nil 1856 Grace McKellar Centre Nil 82 Central HighllUlds/Wimmen Region Ballarat Base Hospital 1013400 579 Nhill Hospital 15200 80 Wimmera Base Hospital 183700 512 Queen Elizabeth Geriatric Centre 49900 Nil Loddon Campaspe/Mallee Reaion Bendigo and Northern District Hospital 278400 435 Dunolly District Hospital 700 Nil Echuca District Hospital 212000 119 Heathcote District Hospital 17600 134 Elmore District Hospital Nil 58 Goulbum/North Eastern Reaion Numurkah and District War Memorial Hospital 13000 Nil Ovens District Hospital 23800 Nil Ovens and Murray District Hospital 114300 Nil Gippsland Region East Gippsland Hospital 84900 Nil Maffra District Hospital 33700 Nil South Gippsland Hospital Nil 30

LIQUOR LICENCES (Question No. 389) HOD. G. P. CONNARD (Higinbotham) asked the Minister for Consumer Affairs: With regard to the Liquor Licensing Commission, how many licensed premises in each category were visited by inspectors for the purposes of inspection during each of the half years from January 1988 to June 1988, July 1988 to December 1988, January 1989 to June 1989, and July 1989 to December 1989, and from January 1990 to date, or any other convenient timeframe? HOD. B. W. MIER (Minister for Consumer Affairs)-The answer is: The Liquor Control Commission as it existed prior to 1988 did not employ any inspectors as such. However, eight metropolitan and six regional supervisors were employed by the commission up to 3 May 1988. The supervisors' role was to inspect the physical aspects of licensed premises and report to the commission their condition and standards, making appropriate recommendations. The Liquor Licensing Commission as established under the Liquor Control Act 1987 employs field information officers whose primary function is visiting proposed licensed premises for the purpose of making recommendations to the chief executive officer as to whether or not the granting of a licence/ permit would be in the interests of the community. The Chief Commissioner of Police appoints police officers from time to time as licensing inspectors, whose functions include visiting licensed premises in response to alleged breaches of licensing conditions. QUESIIONS ON NOTICE

29 AUGUST 1990 COUNCIL 99

In March 1990, the Liquor Licensing Commission established an investigations section whose primary function is to undertake financial research and investigations relating to the identification of licence fee evasion and avoidance and the subsequent collection of such fees. The Liquor Control Act 1987 represents a deliberate effort to remove the Liquor Licensing Commission from issues peripheral to the licensing of premises. Building, health and related matters are left to more appropriate bodies, such as local government. The maintenance of appropriate standards in and around licensed premises is a priority. To this end the Act provides, specifically in section 101, that parties may bring before the chief executive officer matters they believe warrant direct action. Such representation may result in the suspension or termination of the licence. (Question No. 390) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Consumer Affairs: How many inspectors of licensed premises were employed in the Liquor Control Commission on 1 January 1988 and at the Liquor Licensing Commission on 1 July 1988, 1 January 1989, 1 July 1989, 1 January 1990 and 17 May 1990? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer is: As stated in the reply to question on notice No. 389, the Liquor Control Commission and the Liquor Licensing Commission does not and did not employ inspectors.

(Question No. 391) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Consumer Affairs: With regard to the Liquor Licensing Commission, how many licensed premises in each category were visited by inspectors for the purposes of assessment during each of the half years from January 1988 to June 1988, July 1988 to December 1988, January 1989 to June 1989, and July 1989 to December 1989, and from January 1990 to date, or any other convenient time frame? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer is: As stated in the reply to question on notice No. 389, the Liquor Licensing Com~ission does not employ inspectors for the purpose of inspection or assessment. However, the Liquor Licensing Commission has employed licensing fund assessors for the purpose of visiting licensed premises for licence fee assessment as follows- January 1988 to June 1988-50· premises visited. July 1988 to December 1988-0**. January 1989 to June 1989-26 premises visited, categories are as follows: General 5 Packaged Liquor 14 On Premises 4 Club 2 Producers/Distributors 1 Total 26 July 1989 to December 1989-0*· January 1990 to June 1990-24 premises visited. General 11 Packaged Liquor 7 Producers/Distributors 3 On Premises 2 Vigneron 1 Total 24 * The time and resources required to obtain details regarding each category visited cannot be justified as it would take approximately 50 hours. *. During the second half of each year prior to January 1990, licensing fund assessors utilised all their resources to evaluate licence fee assessments for licence fees due in December. QUESTIONS ON NOTICE

100 COUNCIL 29 AUGUST 1990

(Question No. 392) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Consumer Affairs: How many assessors were employed in the Liquor Control Commission on 1 January 1988 and at the Liquor Licensing Commission on 1 July 1988, 1 January 1989, 1 July 1989, 1 January 1990 and 17 May 1990? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer is: The number oflicensing fund assessors employed on the dates in question are as follows: Liquor Control Commission 1 January 1988-five assessors. Liquor Licensing Commission 1 July 1988-five assessors. Liquor Licensing Commission 1 January 1989-two assessors. Liquor Licensing Commission 1 July 1989-two assessors. Liquor Licensing Commission 1 January 1990-three assessors. Liquor Licensing Commission 17 May 1990-three assessors.

(Question No. 393) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Consumer Affairs: What is the monetary value of fees derived from liquor licences for 1987-88, 1988-89 and 1989-90 to date? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer is: The amounts derived from liquor licence fees and permits by the former Liquor Control Commission and the Liquor Licensing Commission were: 1987-88 $90·91 million. 1988-89 $114·15 million. 1989-90 $120·07 million.

(Question No. 394) Hon. B. W. MIER (Higinbotham) asked the Minister for Consumer Affairs: How many licensees were required to pay fees to the Liquor Licensing Commission on 31 December 1989 and on 10 March 1990, and how many paid on or before the relevant date? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer is: On 31 December 1989, 6169* licensees were required to pay fees to the Liquor Licensing Commission for the 1990 calendar year of which 2063 licensees paid their fees in total on or before the relevant date. The remain.der are billed by instalments. Computer systems at the Liquor Licensing Commission do not readily enable the commission to obtain the number of licensees who were required to pay their licence fees to the commission by quarterly instalments on or before the relevant dates. The time and resources required to obtain the detail requested cannot be justified as it would take a mi~imum of 100 hours approximately. A new computer system is being installed and production of reports of this nature are under consideration. ·This figure represents licences only and does not include extended hours permits or BYO permits. MINISTRY OF HOUSING AND CONSTRUCTION BENDIGO OFFICE (Question No; 398) Hon. M. A. BIRRELL (East Yarra) asked the then Minister for Housing and Construction: In respect of the region controlled by the Bendigo office of the Ministry for Housing and Construction in ea~h of the years ended 30 June from 1983 to 1989: QUESTIONS ON NOTICE

29 AUGUST 1990 COUNCIL 101

(a) How many spot purchase houses were acquired? (b) How many houses were purchased by cooperative groups? (c) What total expenditure was incurred in purchasing spot purchase houses? (d) What are the names of each estate agent through whom the various houses were purchased, indicating the value and the number of houses purchased through each agent? Hon. B. T. PULLEN (Minister for Housing and Construction)-The answer is: 1. Financial year 1982-83 27 1983-84 14 1984-85 27 1985-86 47 1986-87 25 1987-88 35 1988-89 17

2. None

3. Financial year 1982-83 $1 305457 1983-84 $ 748204 1984-85 $1425290 1985-86 $2650767 1986-87 $1 390879 1987-88 $2389846 1988-89 $1 400 519

4. Value of No. of Name ofAgent Houses Houses $ Australian Estates 38949 1 Boag, Dane Pty Ltd 279527 5 Bucknall, F. N. & Shaw Pty Ltd 208273 3 Chafl'ey's Real Estate Pty Ltd 219456 4 Collie & Tierney Pty Ltd 989 ()()() 17 Dungey & Carter Pty Ltd 1 533997 29 East End Real Estate 84537 2 Elders Real Estate-Elders Pastoral 417268 7 Este Real Estate Pty Ltd 255053 4 Gray, John & Son Pty Ltd an Associate ofL. J. Hooker 268978 4 Hooker, L. J. Kyneton 76478 1 Howell, R. O. Real Estate 1014317 19 Kearnan & Co. 73174 1 Lazenby's Real Estate Pty Ltd 508700 9 Merlo,Rob 59475 1 Morris, Keith & Associates 553788 8 McDonald, Broad & Co. 55738 1 M. Nulty 292834 5 Stuart, Jack Pty Ltd 122432 2 Tweed, Craig & Co. Pty Ltd 530753 7 Victorian Producers Cooperative Co. Ltd 81458 1 Wilkinson, John Pty Ltd 125730 2 Wood & Co. First National 825427 13 Wright, K. I. Pty Ltd 451069 7 Vendor Direct and Surplus Government Housing 2047 103 39 QUESTIONS ON NOTICE

102 COUNCIL 29 AUGUST 1990

(Question No. 399) HOD. M. A. BIRRELL (East Yarra) asked the then Minister for Housing and Construction: In respect of the area controlled by the Bendigo office of the Ministry of Housing and Construction: (a) What rental arrears were owed to the Ministry as at 30 June 1989? (b) What steps are being taken to recover such outstanding debts? (c) How many people were on the waiting list for Ministry accommodation as at 30 June 1989? (d) What is the estimated waiting period for allocation of a Ministry house or unit? (e) What plans has he to build or purchase additional houses? (/) What was the average cost of each dwelling either built or purchased by the Ministry during the financial year 1988-89? (g) What action, if any, is taken by the Ministry in respect of tenants whose financial circumstances have improved to a point where they no longer qualify for assistance and where they have failed to notify the Ministry of that fact? (h) How many granny flats are vacant at the present time? (l) How many people are on the waiting list for granny flats? (j) How many houses or flats still contain asbestos or asbestos-based products? HOD. B. T. PULLEN (then Minister for Housing and Construction)-The answer is: (a) As at 30 June 1989 the amount of current rental arrears in respect of the area controlled by the Bendigo office was $163 302. (b) The area office has several distinct strategies to reduce this level of debt, including home visits to new tenants and a concentration on negotiating effective repayment agreements. (c) As at 30 June 1989, there were 1290 eligible households awaiting Ministry accommodation throughout the Loddon-Campaspe area. (d) The average estimated waiting period for accommodation in the Loddon-Campaspe area is three years. (e) The Ministry acquires stock Statewide according to a relative need process. Under this process each local government area (LGA) across the State is assessed in terms of public housing need, taking into account Ministry waiting list figures, demographic projections and Department of Social Security indicators. The aim of this process is to ensure that each LGA receives its share of housing "opportunities". The Ministry plans for acquisition on a four-year basis. The draft tarJeted number of units for the four year phase 1990-91-1993-94 for the region covered by the Bendigo area office is 156 units. This figure is currently under review by the Ministry's planning group and the north zone office. The figure also does- not take into account housing opportunities provided to people via other Ministry programs such as the housing finance assistance, the home equity scheme and the shared housing scheme. (/) The average cost of construction for dwellings completed in the 1988-89 financial year: Design and Construct. 2BR $46 730 3BR $51 790 4BR $54511 Ministry Design 2BR $57 610 3BR $64023 4BR $72548 Elderly Person Units IBR $50094 (g) The Ministry regularly contacts those tenants who·are in receipt of rental rebates. Ifa tenant fails to supply information as requested, or is deemed to be ineligible for assistance, his or her rebate entitlement is cancelled. (h) Nine granny flats at various stages of transfer are presently vacant. (I) There are eleven applications at various stages of allocation waiting for granny flats. QUESTIONS ON NOTICE

29 AUGUST 1990 COUNCIL 103

(j) I wish to advise that information obtained from computer based data, collected several years ago through a housing condition survey, indicates that, of 1788 units surveyed, 1628 contain asbestos. It should be noted that the asbestos figure refers to units which contain asbestos-based product whether it is a major or minor component of the main building or its outer structures such as carport, garage, or garden shed.

PUBLIC RECORD OFFICE REPORT (Question No. 400) Hon. J. V. C. GUEST (Monash) asked the Minister for Consumer Affairs, for the Minister for Property and Services: (a) What was the cost of the study and report by Nicholas Clark and Associates into the Public Record Office? (b) When was the study commissioned and when was it completed? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Property and Services is: (a) The cost of the review by Nicholas Clark and Associates into public records policy was $19905. (b) The review was commissioned in December 1985 and completed in May 1986.

CRITICAL CARE BEDS (Question No. 401) Hon. M. T. TEHAN (Central Highlands) asked the Minister for Health: As at December 1988, December 1989 and April 1990, respectively: (a) How many critical care beds were commissioned in Victoria's public hospitals? (b) How many critical care beds were closed or not available due to-(i) shortage of qualified nursing staff; or (ii) shortage of funds to pay qualified nursing staft'l COMMISSIONED BEDS NOT AVAILABLE Dec88 Dec89 April 90 Dec 88 Dec 89 April 90 163 168 168 21 18 12 In this context a critical care bed has been taken to include intensive care and coronary care beds. The data above refers to critical care beds in those metropolitan public hospitals from which bed availability is regularly monitored by the office of the Co-ordinator of Emergency and Critical Care Services. Exactly comparable data for rural public hospitals is not available. However, this matter was covered by the Consultative Council on Emergency and Critical Care Services in the discussion papers on emergency and critical care services in metropolitan Melbourne and rural Victoria. These documents have been forwarded to the honourable member under separate cover. It has been recognised that a major cause of the unavailability of critical care beds has been the supply of suitably trained critical care nurses. Intensive overseas recruitment of such nurses has taken place over the previous three years and an additional $1 million has recently been allocated to increase the number of critical care trained nurses in Victoria. In March 1990 I announced the allocation of additional funds to enhance the provision of emergency and critical care services in Victoria. Since that time, and subsequent to the April 1990 figures provided above, an additional eight intensive care beds, five high dependency nursing beds and fourteen intensive care step-down beds have been opened in metropolitan public hospitals. At the same time an additional $5 million recurrent was allocated to public hospitals in rural Victoria to enhance the provision of emergency and critical care services outside the metropolitan area. QUESTIONS ON NOTICE

104 COUNCIL 29 AUGUST 1990

SALE OF REAL ESTATE-DEPARTMENT OF INDUSTRY AND ECONOMIC PLANNING (Question No. 402) Hon. B. A. CHAMBERLAIN (Western) asked the Minister for Industry and Economic Planning: What areas of real estate are currently listed or will be listed for sale by his Ministry between now and 30 June 1991? Hon. D. R. WHITE (Minister for Industry and Economic Planning)-The answer is: The Geelong Regional Commission proposes the sale of industrial allotments on the commission's industrial estates at the following locations, in accordance with demand: Ocean Grove Breakwater South Torquay South Geelong Corio (Heales Road) Former International Harvester site (balance).

SALE OF REAL ESTATE-STATE ELECTRICITY COMMISSION AND GAS AND FUEL CORPORATION (Question No. 403) Hon. B. A. CHAMBERLAIN (Western) asked the Minister for Industry and Economic Planning: What areas of real estate are currently listed or will be listed for sale between now and 30 June 1991 by the State Electricity Commission and the Gas and Fuel Corporation, respectively? Hon. D. R. WHITE (Minister for Industry and Economic Planning)-The answer is: STATE ELECTRICITY COMMISSION OF VICTORIA The commission expects to offer the following properties for sale between now and 30 June 1991. Metropolitan M2 9486 King William Street, Broadmeadows Land/Building 12284 Cnr Ramsden and Field Street, Oifton Hill Land 9034 Alfrick Road, Croydon Land 679 197 Lonsdale Street, Dandenong Land/Building 1224 1567 High Street, Glen Iris Land 1061 Main Street, Lilydale Land/Building 5520 Yallourn Street, Ringwood Land 1200 Newman Street, Ringwood Land 50990 Madden Street, Ringwood Land 29640 1653-1657 Centre Road, Springvale Land 898 Coventry Street, Tullamarine Land 6667 Sharps Road and Melrose Drive, Tullamarine Land QUESTIONS ON NOTICE

29 AUGUST 1990 COUNCIL 105

Country 571 17 Second Street, Eildon House/Land 261 ha French Island Land 1739 44 High Street, Mansfield Land/Building 2023 173 Princes Highway, Morwell Land/Building 14·46 ha Valley Avenue, Mount Beauty Land 13390 Cnr Mill and Embankment Drives, Mount Beauty Land 1048 Marine Parade, San Remo Land/Building 24 ha Bungower Road, Tyabb Land 19260 Creswick Road, Wendouree Land/Building Kiewa 1190 ha Bogong Land Latrobe Valley ha 4 Lot 5, Andrew Street, Morwell House/Land 4 Lot 36, Latrobe Road, Morwell Land 1·7 Pt C/A 45, Catherine Street, Morwell Land 0.4 Lot 88, Latrobe Road, Morwell Land 2 Lot 2, Liddiard Road, Traralgon House/Land 6 Jeeralang Junction Land 213 Traralgon South Land 39 North of Morwell Land , 20 South of Newborough Land 4 Lot 6, Andrew Street, Morwell House/Land 4 Lot 17, Jason Street, Morwell Land 4 Lot 16, Crinigan Road, Morwell Land 4 Lot 10, Maryvale Road, Morwell House/Land 4 Lot 37, John Street, Morwell Land 6·4 Lots 1-3, Latrobe Road, Morwell Land 22 Silcocks Road, Churchill House/Land 6 Traralgon Creek Road, Traralgon South House/Land 4 Lot 27, Latrobe Road, Morwell Land 4 Lot 17, English Street, Morwell House/Land 4 Lot 2, Andrew Street, Morwell Land 4 Lot 22, Andrew Street, Morwell Land 4 Lot 10, Crinigan Road, Morwell Land 4 Lot 8, Crinigan Road, Morwell Land 4 Lot 15, Crinigan Road, Morwell Land 39 Speargrass Road, Yinnar House/Land GAS AND FUEL CORPORATION OF VICTORIA The corporation expects to offer the following properties for sale at public auction between now and 30 June 1991. Benalla, Hannah Street 0.6 hectares of rural/residential land Croydon, Dorset Road 1·8 hectares of commercial land QUESTIONS ON NOTICE

106 COUNCIL 29 AUGUST 1990

Goon Nure (via Bairnsdale) 382·5 hectares of farm land Mornington, Watt/Racecourse Road 2()'25 hectares of industrial land Morwell, Bonds Lane 74·4 hectares of farm land However, town planning decisions and market conditions will determine actual timings for SECV and GFC properties.

SHAMROCK HOTEL (Question No. 404) Hon. R. I. KNOWLES (Ballarat) asked the Minister for Consumer Affairs, for the Minister for Property and Services: (a) Has the government decided to sell the Shamrock Hotel, Pall Mall, Bendigo; ifso, what stage has been reached in this process? (b) What other historic or heritage properties are for sale in the Bendigo region and which properties will be retained? Hon. B. M. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Property and Services is: (a) No. (b) The are no historic or heritage properties for sale by the Victorian government in the Bendigo area.

HOMBUSH ACCOMMODATION CENTRE (Q~estion No. 407) Hon. J. V. C. GUEST (Monash) asked the Minister for Health, for the Minister for Community Services: In respect of the Hombush Accommodation Centre situated at McIvor Highway, Junortoun, how many persons were resident there under the care and control of Community Services Victoria as at the end of each month for the past two years and is it proposed to expand the number of persons to be accommodated at such centre in the next two years? Hon. C. J. HOGG (Minister for Health)-The answer supplied by the Minister for Community Services IS: Please refer to the answer to question on notice No. 575 asked in the Legislative Assembly.

PERSONAL ALARM CALL SYSTEMS (Question No. 408) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Health: How many personal alarm call systems have been allocated to frail or elderly people in the areas under the jurisdiction of the City of Bendigo, shires of Strathfieldsaye, Marong, East Loddon, Runtly, McIvor, Borough of Eaglehawk and City of Castle maine, respectively, or the area controlled by the Bendigo regional office of Health Department Victoria, indicating the criteria for receiving such alarms and what plans does the government have to expand the application of these criteria or the number of personal alarm call systems to be provided? Hon. C. J. HOGG (Minister for Health)-The answer is: 27 HDV personal alarm call systems-PACS-have been allocated in the Loddon/Campaspe region of Health Department Victoria. The health department's regional geriatric assessment teams are responsible for assessing applicants for personal alarm call systems. QUESTIONS ON NOTICE

29 AUGUST 1990 COUNCIL 101

The criteria used by the geriatric assessment teams to assess clients are those who- (i) are very frail aged people-60 years and over-living alone at home, or with a very frail partner; (ii) have demonstratated that they are at physical risk if they remain at home; (iii) have limited or no support from family or friends, resulting in isolation, particularly for long periods of time, such as at weekends; (iv) are mentally able to cope with the appropriate use of personal alarm equipment; (v) may have been assessed for nursing home accommodation and found to be eligible for admission; however, the aged client wishes to remain in his or her home alone, even if only for a trial period. The geriatric assessment team must be satisfied that the client meets criteria (i)-(v) in order to be eligible for the personal alarm call system. The criteria are broad guidelines and each regional geriatric assessment team has the discretion to approve exceptional cases. At this stage, the personal alarm call program has been funded for a two-year period, until 30 June 1991. During this period, the effectiveness ofthe program and the criteria/guidelines will be evaluated. Decisions on the future of the program will be based on a final review in July 1991.

BENDIGO RAILWAY WORKSHOPS (Question No. 409) Hon. G. R. CRAIGE (Central Highlands) asked the Minister for Education, for the Minister for Transport: (a) What has been the total intake of apprenticeships by the Bendigo railway workshops in each year since 1982? (b) What is the proposed intake of apprentices for 1990-91 at the workshops? (c) How many persons were employed at the workshops as at 30 June in each year from 1982 to 1989 and how many are employed at present? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: Mr Craige is referred to the answer provided by the Minister for Transport to question on notice No. 571, asked by Mr John, MP, in the Legislative Assembly.

SCHOOL BUSES IN BENDIGO REGION (Question No. 410) HOD. G. R. CRAIGE (Central Highlands) asked the Minister for Education, for the Minister for Transport: (a) What Road Traffic Authority inspections have been carried out on school buses in the 8endigo region in the past five years to ensure that buses are roadworthy and are not overloaded? (b) What is the present policy of the government on the overloading of school buses and what action has been taken to alert the Ministry of Education and bus operators as to the legal requirements of overloading of buses where children's safety is concerned on school bus routes in the Bendigo region? HOD. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: Mr Craige is referred to the answer provided by the Minister for Transport to question on notice No. 200 asked by Mr Dickinson, MP, in the Legislative Assembly. QUESTIONS ON NOTICE

108 COUNCIL 29 AUGUST 1990

BRIDGES IN BENDIGO (Question No. 411) Hon. G. R. CRAIGE (Central Highlands) asked the Minister for Education, for the Minister for Transport: (a) What bridges are situated in the City of Bendigo, shires of Strathfieldsaye, Marong, East Loddon, Huntly, McIvor, Borough of Eaglehawk and City of Castle maine, respectively, or in the area controlled by the Bendigo office ofVICROADS? (b) What action has the Ministry of Transport taken in respect of the care and maintenance of those bridges in each year since 1985 and in this year to date? Hon. B.T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: Mr Craige is referred to the answer provided by the Minister for Transport to question on notice No. 564 asked by Mr John, MP, in the Legislative Assembly. ENVIRONMENT PROTECTION AUTHORITY FINANCES (Question No. 413) Hon. M. A. BIRRELL (East Yarra) asked the Minister for Education, for the Planning and Urban Growth: For each of the years 1984-85: (a) How much money has the Environment Protection Authority raised from licence fees for each type of licence it issues? (b) How much money has the authority collected in the form of fines from court prosecutions and infringement notices? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Planning and Urban Growth is: (a) REVENUE RAISED FROM LICENCE FEES Year Licence Type Amount S 1988-89 Air 2242224.39 Water* 226679.86 Land- 812.38

Sub-Total 2469716.63

Transport Permits 44 519.25

Total 2514235.88

- Most land and water licence revenue was incorporated into air revenue figures for the year 1988-89.

1987-88 Air 1 591 502.40 Water 795751.20 Land 265250.40 Transport Permits 53185.00

Total 2705689.00 QUESTIONS ON NOTICE

29 AUGUST 1990 COUNCIL 109

Year Licence Type Amount

$ 1986-87 Air 1 646505.52 Water 893019.94 Land 251 161.86 Transport Permits 55 178.00

Total 2845865.32

1985-86 Air 1 545468.87 Water 921 858.62 Land 244 021.40 Transport Permits 34000.00

Total 2745348.89

1984-85 Air 2438672.44 Water 860707.92 Land 286902.64 Transport Permits 9600.00

Total 3595883.00

• Commenced 1.1.1985

(b) REVENUE RAISED FROM COURT PROSECUTIONS AND INFRINGEMENT NOTICES

Year Court Costs Finest On Spot Fines Total

$ $ $ $ 1988-89 20547.02 107800.00 134676.25 263023.25 1987-88 28444.00 121 650.00 17740.00 167834.00 (commenced 1.1.88) 1986-87 45734.51 189425.00 N/A 235 159.51 1985-86 34206.16 161 750.00 N/A 195956.16 1984-85 24188.00 70050.00 N/A 94238.00

t Incorporates good behaviour bonds, court poor box payments, contribution to ACF and local charities.

ENVIRONMENT PROTECTION AUTHORITY PROSECUTIONS (Question No. 414) Hon. M. A. BIRRELL (East Yarra) asked the Minister for Education, for the Minister for Planning and Urban Growth: For each year since 1984-85: (a) How many prosecutions were initiated by the Environment Protection Authority for all matters other than motor vehicle prosecutions? QUESTIONS ON NOTICE

110 COUNCIL 29 AUGUST 1990

(b) How many of these prosecutions resulted in all charges against the defendant being dismissed? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Planning and Urban Growth is: (a) Prosecutions initiated by EPA excluding motor vehicle prosecutions 1984-85 33 1985-86 50 1986-87 69 1987-88 37 1988-89 31

(b) Number of prosecutions in which charges against the defendant were dismissed 1984-85 0 1985-86 1 1986-87 2 1987-88 2 1988-89

MINISTRY FOR THE ARTS FUNDING (Question No. 415) Hon. HADOON STOREY (East Yarra) asked the Minister for Education, for the Minister for the Arts: . In respect of the electoral districts of Bendigo East and Bendigo West: (a) What programs have been funded and administered by the Ministry for the Arts since 1985, indicating the capital and recurrent funds expended on each program and the year they were expended? (b) What proportion of total State funds for the arts has been allocated to these districts in each financial year from 1982-83 to date? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for the Arts is: 1. The following grant allocations mentioned in the Ministry's annual reports are readily identifiable as benefiting the Bendigo East and Bendigo West electoral districts: 1986 $ Grants and recurrent funding: Bendigo Competitions Society 4000 Bendigo Easter Fair 8000 Castlemaine Festival 26000 Eaglehawk Dahlia and Arts Festival 1000 Arts Bendigo 1500 Bendigo Symphony Orchestra 500 Bendigo Art Gallery 58000 Castlemaine Art Gallery 46237 North Central Goldfields Library ·568527 Buda Historic Home and Garden 3()()() Goldfields Historical and Arts Society 1500 Maldon Museum 1()()() Capital works: Bendigo Capital Theatre 729 Maldon Bicentennary Commemoration Project 235 ()()() QUESTIONS ON NOTICE

29 AUGUST 1990 COUNCIL III

19&7 $ Grants and recurrent funding: Bendigo Competitions Society 4000 Bendigo Easter Fair 8000 Castlemaine Festival 15 000 Eaglehawk Dahlia and Arts Festival 1000 Bendigo Symphony Orchestra 500 Goldfields Radio Cooperative 2000 Bendigo Art Gallery 61 000 Castlemaine Art Gallery 48500 North Central Goldfields Library 547054 Buda Historic Home and Garden 4000 Goldfields Historical and Arts Society 1000 Korong Historical Society 500

Capital works: Bendigo Captial Theatre 12500

1988 Grants and recurrent funding: Artspace Bendigo 750 Old Fire Station Arts Cooperative 7000 Bendigo Competitions Society 4000 Bendigo Easter Fair 12000 Castlemaine Festival 50000 Eaglehawk Dahlia and Arts Festival 1000 Bendigo Symphony Orchestra 500 Goldfields Radio 6000 Bendigo Art Gallery 64000 Castlemaine Art Gallery 39125 North Central Goldfields Library 641 389 Inglewood and District Historical Society 1000 The Bendigo Trust (Tramway) 5500 Buda Historic Home and Garden 2000 Bendigo Chinese Association 3000

Capital works: Bendigo Capital Theatre 224536 Maldon Bicentennial Commemorative Project 267 138 Artspace Bendigo 1200

1989 Grants and recurrent funding: Old Fire Station Arts Cooperative 6900 Bendigo Spinners and Weavers 1000 Bendigo Competitions Society 4000 Bendigo Easter Fair 12000 Castlemaine State Festival 19786 Eaglehawk Dahlia and Arts Festival 1000 Bendigo Symphony Orchestra 500 Goldfields Radio 2000 North Central Goldfields Library 686368 Buda Historic Home and Garden 4320 Inglewood and District Historical Society 790 Newstead and District Historical Society 1200 Bendigo Art Gallery 67000 Castlemaine Art Gallery 60425 QUESTIONS ON NOTICE

112 COUNCIL 29 AUGUST 1990

Capital works: $ Bendigo Capital Theatre 1 292963 Bendigo Chinese Museum 338245 Old Fire Station Arts Centre 1850 Shire of Bet Bet (Dunolly Town Hall) 7885 Artspace Bendigo 5254 The time and resources needed to analyse all areas of arts Ministry funding to determine whether or not the two Bendigo electorates benefited indirectly from such funding cannot be justified. 2. For the reasons mentioned above, it is not possible to state accurately what proportion of total State funding for the arts was allocated to the two Bendigo districts.

OFFICE OF ABORIGINAL AFFAIRS (Question No. 416) Hon G. P. CONNARD (Higinbotham) asked the Minister for Aboriginal Affairs: (a) What was the budget allocation for the Office of Aboriginal Affairs for 1988-89 and what money was expended? (b) What is the budget allocation for 1989-90 and what money has been expended to date? (c) What is the anticipated budget allocation for 1990-91? Hon. B. W. MIER (Minister for Aboriginal Affairs)-The answer is: The Office of Aboriginal Affairs in 1988-89 had a budget allocation of $1 056 000 for the Cultural Heritage Program, $2 570000 for capital projects and $518 136 for its recurrent operating expenses. The expenditure was $948 144 for cultural heritage, $2547946 for capital projects and $442809 for recurrent operating expenses. The Office of Aboriginal Affairs in 1989-90 had a budget allocation of $1 326 000 for the Cultural Heritage Program, $3 450000 for capital projects and $523 558 for its recurrent operating expenses. The expenditure was $1 326 000 for cultural heritage $3 449 281 for capital projects and $539 886 for recurrent operating expenses. The budget allocation for 1990-91 has not been finalised.

(Question No. 417) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Aboriginal Affairs: How many Aborigines are employed by the Office of Aboriginal Affairs or its agencies, delineating the numbers in the office and each of the agencies and the base level of employment in each case? Hon. B. W. ,MIER (Minister for Aboriginal Affairs)-The answer is: The Office of Aboriginal Affairs has no agencies. As at June 1990 there are 10 Aborigines in positions in the Office of Aboriginal Affairs. The classifications of these positions are as follows: SES-I, ADM-6, ADM-5, (2 positions), ADM-3 (2 positions), C0-4, C0-3, WPO-l.

(Question No. 418) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Aboriginal Affairs: How many motor vehicles are owned by the Office of Aboriginal Affairs and its agencies, delineating the number of vehicles in the office and each of the agencies? Hon. B. W. MIER (Minister for Aboriginal Affairs)-The answer is: The Office of Aboriginal Affairs owns no vehicles and has no agencies. QUESTIONS ON NOTICE

29 AUGUST 1990 COUNCIL 113

Vehicles currently used by that office are from the motor vehicles fleet of the Department of Planning and Urban Growth. Only one vehicle from the fleet is allocated for the exclusive use of the Office of· Aboriginal Affairs.

ABORIGINAL CITIZENS (Question No. 419) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Aboriginal Affairs: How many citizens of Victoria were considered to be Aborigines during 1988-89 and 1989-90, respectively. Hon. B. W. MIER (Minister for Aboriginal Affairs)-The answer is: The Census of Population and Housing-CPH-carried out by the Australian Bureau of Statistics has enumerated a significant variation in the Victorian Aboriginal population since 1976. Figures over the last three CPH are: 1976 12415 1981 5283 1986 10 740 The accuracy of the census population figures for Aboriginal people is subject to the quality of measures adopted at each CPH. These measures include: awareness campaigns; employment of Aboriginal staff to assist with the census collection in areas with a concentration of Aboriginal population; the implementation of special field enumeration procedures in Aboriginal communities; and, improvements to the census processing system. In addition, it should be recognised that in the past a significant proportion of Aboriginal people have not either fully or partially completed the census forms due to: illiteracy; misunderstandings; mistrust of government agencies; reluctance to request assistance from census collectors; and, deliberate avoidance of enumeration. In view of the large variations in CPH Aboriginal data, the ABS conducted an Aboriginal Evaluation Study in late 1986 to provide information on Aboriginal enumeration problems. That review and continuing concern about the accuracy of Aboriginal data has ensured that the ABS will implement special measures in the 1991 census to improve the quality of its Aboriginal data through a proposed Aboriginal enumeration strategy. With the large variations in previous statistical data, it is expected the 1991 CPH will adopt improved measures that will provide more accurate data on Victoria's Aboriginal people. In addition, it should be noted that figures received from a sample of Aboriginal organisations as at June 1989 showed an estimated Aboriginal population of up to 22 000 in Victoria.

OFFICE OF ABORIGINAL AFFAIRS (Question No. 420) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Aboriginal Affairs: (a) What grants were made by the Office of Aboriginal Affairs during 1988-89 and in 1989-90 to date, delineating each agency and the amount of-(i) capital; and (ii) recurring grants? (b) What new projects are anticipated for 1990-91? QUESTIONS ON NOTICE

114 COUNCIL 29 AUGUST 1990

Hon. B. W. MIER (Minister for Aboriginal Affairs)-The answer is: The Office of Aboriginal Affairs has made various grants of capital and of cultural heritage-recurrent­ funds both in 1988-89 and in 1989-90. These are set out in the attachments 1 and 2. Projects for the 1990-91 financial year will be approved during the course of the year. Commitments have already been made to the projects shown in attachment 3.

Attachment No. 1 OFFICE OF ABORIGINAL AFFAIRS GRANTS 1988-89 ORGANISATION CAPITAL CULTURAL GRANTS GRANTS Gippsland and East Gippsland Aboriginal Cooperative Ltd 143300 33864 Wurundjeri Tribe Land Compensation and Cultural Heritage Council 30000 53605 Incorporated Central Gippsland Aboriginal Cooperative Ltd 321906 42967 Healesville and District Aboriginal Cooperative Ltd 38092 Ballarat and District Aboriginal Cooperative Ltd 36829 Murray Valley Aboriginal Cooperative Ltd 33021 Echuca Aboriginal Cooperative Society Ltd 599114 56798 Yorta Yorta Advancement Group Association Incorporated 42895 Goolum Goolum Aboriginal Cooperative Ltd 5000 33906 Gunditjmara Aboriginal Cooperative Ltd 115000 40056 Wathaurong Aboriginal Cooperative Ltd 7015 Kerrup Jmara Aboriginal Elders Corporation 76 366 Swan Hill Aboriginal Cooperative Ltd 56250 31425 Bendigo Dja Dja Wrung Aboriginal Association Inc. 27000 51485 Sunraysia and District Aboriginal Corporation 162066 50917 Yawangi Cultural Learning Centre Incorporated 15773 Lake Tyers Aboriginal Trust 267290 Ngwala Willumbong Cooperative Ltd 65000 Victorian Aboriginal Legal Service Cooperative Ltd 40000 Fitzroy Stars Aboriginal Community Youth Club/Gymnasium 47084 Incorporated New Employment and Aboriginal Training Cooperative Ltd, 111 899 State Training Board 41000 Rumbalara Aboriginal Cooperative Ltd 21000 Hyllus Maris Aboriginal Community School 6000 Brambuk Incorporated 118201 Aboriginal Community Elders Services Cooperative Ltd 215000 National Aboriginal Health Strategy Working Party 13937 Alinjarra Aboriginal Cooperative Ltd 57500 Shepparton Aboriginal Arts Council Cooperative Ltd 22500 State Library of Victoria 2448 NAIDOC Committee of Victoria 12900 Museum of Victoria 105 155 Attachment No. 2 OFFICE OF ABORIGINAL AFFAIRS GRANTS 1989-90 ORGANISATION CAPITAL CULTURAL GRANTS GRANTS Gippsland and East Gippsland Aboriginal Cooperative Ltd 67000 47631 Wurundjeri Tribe Land Compensation and Cultural Heritage Council 31380 Incorporated Central Gippsland Aboriginal Cooperative Ltd 163656 45473 QUESTIONS ON NOTICE

29 AUGUST 1990 COUNCIL liS

ORGANISATION CAPITAL CULTURAL GRANTS GRANTS Healesville and District Aboriginal Cooperative Ltd 56397 Ballarat and District Aboriginal Cooperative Ltd 179 100 47552 Sunraysia and District Aboriginal Corporation 55953 Murray Valley Aboriginal Cooperative Ltd 29268 61069 Far East Gippsland Aboriginal Cooperative Ltd 63400 33529 Echuca Aboriginal Cooperative Ltd 366424 53501 Y orta Yarta Advancement Group Associated Incorporated 51090 Goolum Goolum Aboriginal Cooperative Ltd 40589 Gunditjmara Aboriginal Cooperative Ltd 30000 44 963 Wathaurong Aboriginal Cooperative Ltd 23418 Swan Hill and District Aboriginal Cooperative Ltd 405000 49319 Bendigo Dja Dja Wrung Aboriginal Association Inc. 213500 73563 Moogji Aboriginal Land Council Incorporated 43002 Aboriginal Community Elders Services Cooperative Ltd 280327 Victorian Aboriginal Legal Service Cooperative Ltd 681000 Victorian Aboriginal Cultural Heritage Trust 29800 Museum of Victoria 37000 Rumbalara Aboriginal Cooperative Ltd 80000 Victorian Tourism Commission 50000 Framlingham Aboriginal Trust 199525 Brambuk Incorporated 98500 Shepparton Aboriginal Arts Council Cooperative Ltd 16500

Attachment No. 3 OFFICE OF ABORIGINAL AFFAIRS PROJECTS ANTICIPATED 1990-91

Baimsdale Cultural centre Ballarat Purchase of a site for community centre Yappera Contribution towards the cost of a child care centre Bendigo Community centre and serviced offices Echuca Joint venture with Echuca council to develop council-owned land for residential and light industrial use Horsham Land for a market garden Fitzroy Repairs and maintenance to Fitzroy Stars youth club-gymnasium

(Question No. 421) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Aboriginal Affairs: (a) How many staff were employed by the Office of Aboriginal Affairs during 1988-89 and in 1989-90 to date?

(b) What is the anticipated number of staff for 1990-91? (c) Will he make avaibible a management chart delineating appropriate positions? Hon. B. W. MIER (Minister for Aboriginal Affairs)-The answer is: In 1988-89 average staffing was 11·5 people in the Office of Aboriginal Affairs. In 1989-90 an average of 13·75 staff were employed by the office. The 1990-91 staffing level will not be finalised until the Budget is approved. A management chart delineating appropriate positions is attached. 0\

OFFICE OF ABORIGINAL AFFAIRS PROPOSED JUNE 1990

Title: MANAGER ABORIGINAL AFFAIRS Oassn: SES-I Nominal: VACANT (T. GARWOOD UtA '3') Actual: GARWOOD, T Posn No.: 58/05/0209/4 T r r 1 Title: CO-ORDINATOR Title: CO-ORDINATOR Title: PROJECT ANALYST FIELD OPERATIONS POLICY, RESEARCH It LIASON AUDITOR/MONITOR Ciassn: ADM-7 Oassn: ADM-7 Oassn: ADM-6 Nominal: HUDSON, A Nominal: VACANT Nominal: VACANT IC Actual: HUDSON A, Actual: GROSS, D (ADM-5) Actual: HOBSON, A Posn No.: 58/05/1081/0 Posn No.: 58/05/1145/9 Posn No.: 58/05/1109/5 v,~ 1 ~ Title: SEN. FIELD OFFICER C AREA 'A' . 1 1 8 H Classn: ADM-5 Title: HISTORIAN Title: PROJECTS OFFICER Title: SUPERVISOR ~ Nominal: VACANT K.O.H. P. SPECIAL PROJECTS ADMIN. SUPPORT ~ Actual: HOWLEY, M Oassn: ADM-6 Oassn: ADM-5 Oassn: ADM-3 ~ Posn No.: 58/05/0571/8 Nominal: ATKINSON, W Nominal: VACANT Nominal: VACANT t""4 Actual: ATKINSON, W Actual: IVORY, D Actual: JACKSON, K - Posn No.: 58/05/1012/8 Posn No.: 58/05/1144/0 Posn No.: 58/05/1076/2 ~ Title: FIELD OFFICER ~ AREA'A' 1 Y Oassn: ADM-4 ~ Nominal: MONKERUD, 0 1 1 Title: ADMIN. SUPPORT Title: PROJECT OFFICER Title: ADMIN. SUPPORT Actual: PATTERN, L Title: ADMIN. SUPPORT P. POLICY It CO-ORDINATION Posn No.: 58/05/0945/7 K.O.H. Oassn:C0-3 CIassn: C0-4 Oassn: ADM-4 C1assn: WPO-I Nominal: ATKINSON, M Nominal: KICKETT, F Nominal: VACANT Nominal: VACANT Actual: ATKINSON, M Actual: KICKETT, F Actual: BRIGGS, V (ADM-3) Actual: JACKOMOS, D Posn No.: 58/05/0965/0 Title: SEN. FIELD OFFICER Posn No.: 58/05,10019/0 Posn No.: 58/05/0008/8 Posn No.: 58/05/1022/0 AREA'B' L....f Classn: ADM-5 Nominal: VACANT Actual: GARDNER, A t-.) Posn No.: 58/05/1071/8 \0 ~ c:: Title: FIELD OFFICER o AREA'B' c: L.....f Oassn: ADM-4 Nominal: VACANT ~ Actual: HANN, I Posn No.: 58/05/1059/1 -\0 o\0 QUESTIONS ON NOTICE

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"LAND TAX CLIENT INFORMATION BROCHURE 1990" (Question No. 423) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Industry and Economic Planning, for the Treasurer: (a) How many copies of the publication "Land Tax Client Information Brochure 1990" were produced? (b) What was the cost of publication, delineating the cost of design, printing, consultancy-if any­ distribution and postage? Hon. D. R. WHITE (Minister for Industry and Economic Planning)-The answer supplied by the Treasurer is: (a) 102 ()()() copies of the publication "Land Tax Client Information Brochure 1990" were produced. (b) The publication costs were as follows: (i) Design and finished art. Total expenditure-$2065 (ii) Printing Total expenditure-$24 790.96 (iii) Consultancy Nil (iv) Distribution and Postage The major distribution of the brochure to taxpayers was forwarded with their land tax assessment. Brochures are also available on request from the inquiries counter of the land tax office.

HAAC FUNDING FOR HIGINBOTHAM PROVINCE (Question No. 424) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Health: With regard to each oft~e municipalities within Higinbotham Province: (a) What amount ofHAAC funding has been provided for each of the years 1988-89 and 1990-91? (b) For each of the agencies funded, what amount was provided for each of the above years? Hon. C. J. HOGG (Minister for Health)-The answer is: (a) For the financial years 1988-89 and 1990-91 for the municipalities within Higinbotham Province­ incorporating the cities of Brighton, Caulfield, Moorabbin, Sandringham and Mordialloc-the total approved ceilings for home and community care funding from Community Services Victoria and Health Department Victoria were as follows: 1988-89 1989-90 Total Higinbotham Province $5295663 $6006321 (b) The following chart is a breakdown of the above expenditure by provider agency. $ $

1988-89 1989-90 Brighton City 575993 697766 Anglican Homes for the Elderly 12048 18802 Association for the Blind 366029 421 177 Caulfield City I 108782 1 155593 Caulfield Hospital 34488 29906 Communication Aids Users Soc. o 64693 Kosher Meals on Wheels Assn. 24600 24600 Little Company ofMary 510 590 552861 Motor Neurone Society of Victoria 1226 20833 Royal Southern Memorial Hospital 265 163 276958 QUESTIONS ON NOTICE

118 COUNCIL 29 AUGUST 1990

$ $

1988-89 1989-90 Moorabbin City 1 307814 1448238 Southern Region Aged Services o 91 164 East Bentleigh Community Health Centre 29213 27064 Sandringham City 626709 693824 Hampton Community Centre 15258 23812 Mordialloc City 385083 417047 Mordialloc Aged Services 32667 41983

, HEALTH DEPARTMENT VICTORIA CONSULTANTS (Question No. 425) HOD G. P. CONNARD (Higinbotham) asked the Minister for Health: (a) What has been the cost of consultants to Health Department Victoria during 1988-89 and 1989-90 to date, indicating the projects on which consultants were engaged and the cost of each project? (b) What formal inquiries, investigations and reviews, other than intra-departmental inquiries, have been instituted by the department during 1989-90 to date and are currently being conducted? HOD. C. J.HOGG (Minister for Healtb)-The answer is: (a) Information on consultants appointed is being dealt with under an FOI request by the honourable member for Doncaster in the Legislative Assembly to the Department of the Premier and Cabinet. (b) Please see attached table, "Major Reviews, Inquiries and Ad Hoc Committees of Inquiry, as at February 1990". MAJOR REVIEWS, INQUIRIES AND AD HOC COMMITTEES OF INQUIRY AS AT FEBRUARY 1990

TITLE TERMS OF REFERENCE

Health Care and Service Birthing Services Review The study is to cover all aspects ofbirthing services including (Established June 1988) current service provision, the development of new models (Chair-Dr J. Lumley) of service and the education of health professionals Victorian Palliative Care Advisory The Committee was established as a result of Committee (Chair-yet to be named) recommendations of the Palliative Care Council to monitor the development of palliative services in Victoria, provide advice to the Minister of Health concerning palliative care and to provide a forum for discussion among service providers, health professionals and advocacy organisations Working Party to consider the Coroner's To consider the findings, comments and recommendations recommendations-Queen Street of the Coroner and to provide advice to the chief general Inquest manager (Chair-Professor Bruce Singh) "Head Injury Impact"-Planning for Project initiated by HDV, CSV and TAC. To establish a Victorians with Acquired Brain Damage data base re: acquired brain damage due to head injury and (Project Coordinator-Mr B. Luby) to prepare a State plan for development of health and community support service for people with head injuries Working Party concerning Drugs and Jointly sponsored by the Ministers of transport and health Driving Initiatives to determine the extent of current practice of pharmacists (Chair-N. W. Naismith) supplying appropriate warnings about medicines which may affect driving Meta Analysis Project Advisory Group Established by the Minister for Health to evaluate the (Chair-Professor R. Over) feasibility of a meta analysis of the literature related to health effects of magnetic fields from high voltage power lines QUESTIONS ON NOTICE

29 AUGUST 1990 COUNCIL 119

TITLE TERMS OF REFERENCE

Review of Emergency Departments and In regard to metropolitan and country public hospitals, Critical Care Services in Victorian assess the impact of the 1984-85-86 critical care funding Hospitals. To be conducted by allocations, assess and report on the adequacy of staffing Consultative Council on Emergency and levels and availability ofeducational services for emergency Critical Care Services and critical care medical/nursing staff, hospital gradings (Chair-J. Clarebrough) and siting of emergency departments Relatinl to Leaislation Working Party on the Medical To review the Medical Practitioners Act 1970 to make Practitioners Act recommendations to the Minister for Health, covering (Convenor-Dr I. Siggins) various issues such as community interest in the registration of medical practitioners, complaint procedures, review of the Medical Board Nurses Act Review Committee To provide advice to the Minister for Health and Health (Chair-Dr C. Saunders) Department Victoria on the Nurses Act 1958 and to undertake a review of the Act Education Review of Victorian Resident Medical To undertake a review in conjunction with the AMA, YHA Officer Program and the Association of Medical Directors of the numbers (Chair-Mr J. Yeatman) and distribution of RMOs in public hospitals and other Ongoing review being conducted by the issues relating to resident staff and to advise HDV of the CMO need to vary hospital RMO establishments and to recommend strategies to resolve current issues concerning RMOs Ethnic Health Tackforce To assess the nature and extent of health needs of Victoria's (NESB) ethnic communities and to identify key strategic steps to be taken by the department in addressing these issues. To advise the Minister for Health on the development of appropriate departmental policies and strategies.

RESIGNATION OF DR PETER SHEEHAN (Question No. 426) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Industry and Economic Planning, for the Treasurer: Since the resignation of Dr Peter Sheehan, former Director-General of the Department of Management and Budget, who has replaced him on the boards of-(i) Aluminium Smelters of Victoria Pty Ltd; (ii) Amvad Corp. Ltd; (iii) Portland Smelter Unit Trust; (iv) Victorian Education Foundation Pty Ltd; (v) Victorian Computing Pty Ltd; (vi) Victorian Corporation Incorporated; (vii) Vistel Ltd and; (viii) Victorian Medical Consortium Pty Ltd. Hon. D. R. WHITE (Minister for Industry and Economic Planning)-The answer supplied by the Treasurer is: Dr Peter Sheehan will remain on the boards of Aluminium Smelters of Victoria Pty Ltd, Australian Medical Research and Development Corporation, Vistel and the Victorian Education Foundation. Dr Sheehan's directorship of the Victorian Medical Consortium Pty Ltd is in the process of being transferred to Mr Richard Gledhill. The government has sold its interest in Victorian Computing Pty Ltd and Victorian Corporation Incorporated more than twelve months ago and Dr Sheehan resigned from both boards at that time. The Portland Smelter Unit Trust does not have a board. The trustee and manager of the trust is Aluminium Smelters of Victoria Pty Ltd. QUESTIONS ON NOTICE

120 COUNCIL 29 AUGUST 1990

REDUNDANT PROPERTIES-MINISTRY OF TRANSPORT (Question No. 427) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Education, for the Minister for Transport: Following the Ministry of Transport review of all its property holdings, what lands and properties are considered redundant and will be disposed of in the next two years? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: The Ministry of Transport is not an agency with operational requirements which would require it to have property holdings. As such it does not own lands or properties. Other agencies within Victoria's Ministry of Transport do hold land for operational purposes. Information concerning such holdings has been sought by question on notice No. 472, to which a response will be provided in due course.

PROSECUTIONS OF BROTHEL PROPRIETORS AND PROSTITUTES (Question No. 431) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Local Government, for the Minister for Police and Emergency Services: During each of the years 1988-89 and 1989-90 to date: (a) How many prosecutions have been made by local government authorities against brothels, brothel proprietors or managers and prostitutes working within brothels? (b) How many convictions have been made in each of the above categories, indicating the charges and convictions in each case? Hon. M. A. LYSTER (Minister for Local Government)-The answer supplied by the Minister for Police and Emergency Services is: The information sought by the honourable member relates to prosecutions initiated by local government authorities. That information is not available to me. Further, I am not prepared to commit the scarce resources of the Local Government Department to be involved by undertaking a survey of Victoria's 210 local government authorities in an endeavour to obtain the information sought.

APPEALS TO ADMINISTRATIVE APPEALS TRIBUNAL BY POTENTIAL BROTHEL PROPRIETORS (Question No. 432) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Local Government, for the Attorney-General: During each of the years 1988-89 and 1989-90 to date, how many appeals have been made to the Administrative Appeals Tribunal by potential brothel proprietors or managers against the decisions of local government and how many appeals have been upheld, indicating the councils in each case? QUESTIONS ON NOTICE

29 AUGUST 1990 COUNCIL 121

Hon. M. A. LYSTER (Minister for Local Government)-The answer supplied by the Attorney-General is: 1988-1989 1989-1990 No. of appeals by potential brothel owners or managers 10 13 No. of appeals upheld 6 2 Councils involved Collingwood Camberwell Bayswater Sunshine South Melbourne (twice) Caulfield Campbellfield

PROSECUTIONS OF PROSTITUTES BY LOCAL GOVERNMENT AUTHORITIES (Question No. 433) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Local Government: During each of the years 1988-89 and 1989-90 to date: (a) How many prosecutions have been initiated by local government authorities against prostitutes outside of brothels? (b) How many convictions have been made against the prostitutes, indicating the charges and convictions in each case? Hon. M. A. LYSTER (Minister for Local Government)-The answer is: The information sought by the honourable member relates to prosecutions initiated by local government authorities. That information is not available to me. Further, I am not prepared to commit the scarce resources of the Local Government Department to be involved by undertaking a survey of Victoria's 210 local government authorities in an endeavour to obtain the information sought.

BROTHEL PLANNING PERMITS (Question No. 434) HON. G. P. CONNARD (Higinbotham) asked the Minister for Education, for the Minister for Planning and Urban Growth: During each of the years 1988-89 and 1989-90 to date, how many brothel planning permits have been issued in Victoria, indicating the municipalities concerned? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Planning and Urban Growth is: Information has already been provided to Mr Connard in correspondence from me.

RENTAL CHARGES TO SPORTING GROUPS (Question No. 435) Hon. M. A. BIRRELL (East Yarra) asked the Minister for Education for the Minister for Conservation and Environment: In respect of the government's proposals to increase rental charges to sporting bodies and community groups operating on Crown land, what are the names of all groups, associations or clubs that will be affected in the City of Bendigo, Shire of Strathfieldsaye, Shire of HuntIy, Shire of Marong, Shire of East Loddon, Shire of McIvor, Borough of Eaglehawk and City of CastIemaine, indicating in each case: (i) the current rental being paid by each organisation; (ii) the increased rental proposed to be charged in each case by the Ministry; (iii) whether these groups, associations or clubs will be given an opportunity to appeal against the rental increases; and (iv) whether these groups, associations or clubs were consulted by the Ministry prior to the decision being made to increase charges? QUESTIONS ON NOTICE

122 COUNCIL 29 AUGUST 1990

Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Conservation and Environment is: Please refer to my reply to Legislative Assembly question on notice No. 579. TREE PLANTING PROGRAMS (Question No. 436) Hon. M. A. BIRRELL (East Yarra) asked the Minister for Education, for the Minister for Conservation and Environment: (a) What areas have been designated for major tree planting programs in the City of Bendigo, Shire of Strathfieldsaye, Shire of Marong, Shire of East Loddon, Shire of Huntly, Shire of McIvor, Borough of Eaglehawk and City of Castlemaine for the years ending June 1990, 1991, 1992, 1993 and 1994, respectively? (b) How many trees are intended to be planted in each area and in each year, and by whom? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Conservation and Environment is: Please refer to my reply to Legislative Assembly question on notice No. 567.

UPGRADING OF ROADS (Question No. 438) HON. G. P. CONNARD (Higinbotham) asked the Minister for Education, for the Minister for Transport: (a) How much has been spent on upgrading: (i) Wells Road, Aspendale, west of Springvale Road to Mordialloc Road; and (ii) Boundary Road, Mordialloc, between Mordialloc Creek and Kingston Road? (b) How much money is estimated for completion of each project? (c) When is the estimated. time of completion? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: 1. Wells Road-Springvale Road to Mordialloc Creek (inc. bridge). (a) expenditure to June 1990-$2·22 million. (b) estimated expenditure to complete-$1·90 million. (c) estimated time of completion-May 1991. 2. Boundary Road. 2.1 Centre Dandenong Road to Mordialloc Creek-duplication. (a) expenditure to June 1990-$4·12 million. (b) estimated expenditure to compete-$1·75 million. (c) estimated time ofcompletion-1993. 2.2 Heatherton Road/Kingston Road to Centre Dandenong Road. (a) expenditure to June 1990-$0.3 million. (b) estimated expenditure to complete-$4·3 million. (c) estimated time ofcompletion-1995.

RAILWAY STATION STAFF (Question No. 442) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Education, for the Minister for Transport: . In relation to the Sandringham and Frankston railway lines which stations have: (i) no regular staff member; (ii) one regular staff member; and (iii) more than one regular staff member? QUESTIONS ON NOTICE

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Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: (i) All stations have regular staff. (ii) Stations with one regular staff member are: Prahran Gardenvale Edithvale Bonbeach (iii) Stations with more than one regular staff member are: Windsor North Brighton Balaclava Middle Brighton Ripponlea Brighton Beach Elstemwick Hampton Glenhuntly Sandringham Ormond Mentone McKinnon Parkdale Bentleigh Mordialloc Patterson Aspendale Moorabbin Chelsea Highett Carrum Cheltenham Seaford Frankston Kananook

UNLICENSED MOTOR CAR TRADERS (Question No. 444) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs: How many unlicensed motor car traders have been detected and prosecuted, respectively, by the Ministry in each of the past 24 months? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer is: When an allegation of unlicensed motor car trading is made to the Ministry of Consumer Affairs, the matter is considered and the allegation dealt with on its merits. This may be a full investigation, which could then lead to a later prosecution. In other cases, alleged unlicensed traders are sent a warning letter; the allegation may be baseless, for example, where a family conducts a private group sale of two or three cars; or after investigation the trader has disappeared and further action is not possible. Some matters detected in 1990 are still under investigation. The following table shows the number of unlicensed motor car traders detected and prosecuted, respectively, by the Ministry for the period July 1988 to June 1990.

1988 DETECTED PROSECUTED July August September October 1 November 1 December 6 QUESTIONS ON NOTICE

124 COUNCIL 29 AUGUST 1990

1989 DETECTED PROSECUTED January 1 February 1 March 4 April May June 3 July August September October 2 November December 1990 DETECTED PROSECUTED January 5 February 4 March 5 April 6 May 2 June 3

MINISTRY OF EDUCATION-BENDIGO OFFICE (Question No. 447) Hon. J. G. MILES (Templestowe) asked the Minister for Health, for the then Minister for Education: In relation to the region controlled by the Bendigo office of the Ministry of Education: (a) How many teachers are or have been absent on sick leave in respect of the 1990 school year to date indicating: (i) the nature of the sick leave; and (ii) what schools have lowered staffing levels as a result? (b) What action has the Ministry taken to relieve staff shortages and what is the cost of normal and additional relief, respectively? Hon. C. J. HOGG (Minister for Health)-The answer supplied by the then Minister for Education is: Mr Miles's attention is directed to the reply to Question on Notice No. 577 in the Legislative Assembly.

(Question No. 448) Hon. J. G. MILES (Templestowe) asked the Minister for Health, for the then Minister for Education: In respect of each primary school in the areas controlled by the Bendigo regional office of the Ministry of Education: (a) What is the current student enrolment? (b) How many teachers have regular class contract in each school? (c) How many children come from single parent families? (d) How many children are of parents who are unemployed? (e) What percentage of children change schools during the year? (f) How many students in each school have disabilities requiring special needs? (g) How many disabled students in each school have fully-funded integration aids? (h) How many schools have adequate ramps, doorways, toilet facilities and other basic necessities for disabled students? QUESTIONS ON NOTICE

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Hon. C. J. HOGG (Minister for Health)-The answer supplied by the then Minister for Education is: Mr Miles's attention is directed to the reply to Question on Notice No. 580 in the Legislative Assembly.

(Question No. 449) Hon. J. G. MILES (Templestowe) asked the Minister for Health, for the then Minister for Education; How many special needs children eligible for integration into regular schools in the region controlled by the Bendigo office of the Ministry of Education in 1990 were unable to be accommodated at the commencement of the school year and for what reasons? Hon. C. J. HOGG (Minister for Health)-The answer supplied by the then Minister for Education is: Mr Miles's attention is directed to the answer to Question on Notice No. 583 in the Legislative Assembly.

VICTORIAN EDUCATION FOUNDATION PTY LTD (Question No. 454) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Health, for the then Minister for Education: Since the resignation of Or Peter Sheehan, former Director-General of the Department of Management and Budget, who has replaced him on the board ofVict",rian Education Foundation Pty Ltd? Hon. C. J. HOGG (Minister for Health)-The answer supplied by the then Minister for Education is: Or Peter Sheehan is still a member of the board of the Victorian Education Foundation Pty Ltd and continues to be eligible to hold the position of director under the terms ofthe trust deed.

VISTELLTD (Question No. 455) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Consumer Affairs, for the Minister for Property and Services: Since the resignation of Or Peter Sheehan, former Director-General of the Department of Management and Budget, who has replaced him on the board ofVistel Ltd? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Property and Services is: Or Peter Sheehan will remain on the board ofVistel Ltd.

"MARVELLOUS MALLEE" (Question No. 456) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Education, for the Minister for Conservation and Environment: With regard to the publication Marvellous Mallee published in the Age on 30 May 1990: (a) In what other newspapers was this published? (b) What was the total cost, delineating design, consultancy and advertising charges? QUESTIONS ON NOTICE

126 COUNCIL 29 AUGUST 1990

Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Conservation and Environment is: (a) This publication also appeared in the Sun News-Pictorial. (b) Design: in-house, no estimate possible. Consultancy: Services such as typesetting, photographs etc., $3539. Advertising: $95 800.

SALE OF LAND-ATTORNEY-GENERAL'S DEPARTMENT (Question No. 457) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Consumer Affairs, for the Minister for Property and Services: Further to the reply to Question on Notice No. 160, what land or properties owned or rented by the Attorney-General's Department are proposed to be sold or disposed of over the next two financial years in the State of Victoria? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Property and Services is: It has not yet been determined which land or property is proposed to be sold or disposed of over the next two financial years.

BUTTON CAR PLAN (Question No. 458) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs: What representations has he made to the Federal government on the Button car plan in relation to: (i) local prices; (ii) reduced choice on the local market; and (iii) the effect of tax advantages available to Ford Motors Australia? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer is: I have not made any such representations.

OFFICE OF PRICES (Question No. 459) Hon. G. B. ASHMAN (Boronia) asked the Minister for Consumer Affairs: Will he direct the Office of Prices to concentrate its prices watch activities in areas such as government charges where prices are increasing in real terms? Hon. B. W. MIER (Minister for Consumer Affairs)-The answer is: The Office of Prices has an existing role in monitoring increases in government charges. This arises through its involvement in the family budget pledge and through a broader consultative role in relation to other government charges. Considerable success has been achieved by the government in these areas and increases have been consistently belqw CPI in recent years. That is, there has been a reduction in charges in real terms. The family budget pledge includes gas and electricity charges, Board of Works rates, public transport fares, motor registration and drivers' licence fees and the transport accident charge. Over the three years from 1988 motor registration fees have been abolished and increases in the remaining charges have all been substantially less than inflation. Gas and electricity charges have been kept below the inflation rate for seven years in a row. Prior to 1988 the office monitored the government's commitment to keep charge increases below 6 per cent. In the year to 1987 the weighted average increase in household charges was 2·8 per cent. QUESTIONS ON NOTICE

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Australian Bureau of Statistics figures support this record of restraint. The State and local government charges component of the Melbourne CPI increased by only 27·5 per cent in the five years to March 1990 in contrast to an increase of 48· 3 per cent for the CPI in total. Mr Ashman is incorrect in his assertion that government charges have been increasing in real terms.

SALE OF LAND-MINISTRY OF INDUSTRY AND ECONOMIC PLANNING (Question No. 460) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Industry and Economic Planning: Following the Ministry and/or departmental review into what is considered to be excess land or properties owned or tenanted by the Ministry, department and its agencies or the Crown, what property is proposed to be sold or disposed of over the next two financial years? Hon. D. R. WHITE (Minister for Industry and Economic Planning)-The answer is: STATE ELECTRICITY COMMISSION OF VICTORIA The commission expects to offer the following properties for sale between now and 30 June 1992. Metropolitan M2 4176 Main Street, Belgrave Land/Building 9486 King William Street, Broadmeadows Land/Building 12284 Cnr Ramsden and Field streets Clifton Hill Land 9034 Alfrick Road, Croydon Land 37367 Railway Parade, Dandenong Land/Building 679 197 Lonsdale Street, Dandenong Land/Building 1224 1567 High Street, Glen Iris Land 1061 Main Street, Lilydale Land/Building 5520 Yallourn Street, Ringwood Land 1200 Newman Street, Ringwood Land 50990 Madden Street, Ringwood Land 29640 1653-1657 Centre Road, Springvale Land 898 Coventry Street, Tullamarine Land 6667 Sharps Road and Melrose Drive, Tullamarine Land

Country M2 330 Camp Street, Ballarat Land/Building 7410 Wendouree Parade, Ballarat Land/Building 1 556 Cnr Punt and William streets, Cobram Land/Building 571 17 Second Street, Eildon House/Land 261 ha French Island Land 900 Rossiter Road, Kooweerup Land/Building 1 739 44 High Street, Mansfield Land/Building 2023 173 Princes Highway, Morwell Land/Building 14·46 ha Valley Avenue, Mount Beauty Land 551 Lot 1, Mountain Avenue, Mount Beauty House/Land 780 Lot 2, Mountain Avenue, Mount Beauty House/Land 840 Lot 7, Freeburgh A venue, Mount Beauty House/Land 4556 Lot 5, Mill Road, Mount Beauty Land 13390 Cnr Mill and Embankment drives, Mount Beauty Land 828 Hex Street, Red Cliffs Land/Building 2340 Mackay Street, Rochester Land/Building 1048 Marine Parade, San Remo Land/Building QUESTIONS ON NOTICE

128 COUNCIL 29 AUGUST 1990

COUlllly M2

1500 Crawford Street, Seymour Land/Building 1 180 High Street, Terang Land/Building 24 ha Bungower Road, Tyabb Land 9260 Creswick Road, Wendouree Land/Building 7008 Inverloch Road, Wonthaggi Land 779 Belmore Street, Yarrawonga Land/Building

Kiewa I 190 ha Bogong Land

Latrobe Valley ha 4 Lot 5, Andrew Street, Morwell House/Land 4 Lot 36, Latrpbe Road, Morwell Land 1· 7 Pt C/A 45, Catherine Street, Morwell Land 0.4 Lot 88, Latrobe Road, Morwell Land 2 Lot 2, Liddiard Road, Traralgon House/Land 6 Jeeralang Junction Land 213 Traralgon South Land 39 North ofMorwell Land 20 South of Newborough Land 4 Lot 6, Andrew Street, Morwell House/Land 4 Lot 17, Jason Street, Morwell Land 4 Lot 16, Crinigan Road, Morwell Land 4 Lot 10, Maryvale Road, Morwell House/Land 4 Lot 27, John Street, Morwell Land 6·4 Lots 1-3 4trobe Road, Morwell Land 22 Silcocks Road, Churchill House/Land 6 Traralgon Creek Road, Traralgon South House/Land 4 Lot 37, Latrobe Road, Morwell Land 4 Lot 17, English Street, Morwell House/Land 4 Lot 2, Andrew Street, Morwell Land 4 Lot 22, Andrew Street, Morwell Land 4 Lot 10, Crinigan Road, Morwell Land 39 Speargrass Road, Yinnar House/Land 4 Lot 15, English Street, Morwell Land 9·6 Lots 6, 7 and 13, English Street, Morwell Land 4 Lot 38, Latrobe Road, Morwell Land 4 Lot 39, Latrobe Road Morwell Land GAS AND FUEL CORPORATION OF VICTORIA The corporation expects to offer the following properties for sale at public auction between now and 30 June 1992; however, town planning decisions, market conditions and possible land remediation as a result of testing for site contamination will determine actual timings.

Ballarat, Albert/Dana Street 1·22 hectares of commercial land Benalla, Hannah Street 0.6 hectares of rural/residential land Croydon, Dorset Road 1·8 hectares of commercial land Derrimut, Fairbaim Road 72·51 hectares of industrial land Footscray, Cowper Street 0.91 hectares of industrial land Geelong, Ryrie Street 889 m 2 of commercial land Goon Nure (via Baimsdale) 382·5 hectares of farm land Keilor, Dodds Road 1·47 hectares of land reserved for road purposes QUESTIONS ON NOTICE

29 AUGUST 1990 COUNCIL 129

Mornington, Watt/Racecourse Road 2()'25 hectares of industrial land Morwell, Bonds Lane 74-4 hectares of farm land Port Melbourne, Graham Street (2 areas) I-55 hectares of residential land Port Melbourne, Liardet Street ()'6 hectares of potential residential land South Melbourne, Graham Street ()'81 hectares of residential land

However, town planning decisions and market conditions will determine actual timings for SECV and G FC properties. GEELONG REGIONAL COMMISSION The commission regularly develops and sells land for industrial purpose. However, this land is not considered to be excess land or property, and, accordingly there is no program for such sales or dispositions over the next two financial years. DEPARTMENT OF INDUSTRY AND ECONOMIC PLANNING The department does not propose to sell or dispense of any property over the next two financial years. COAL CORPORATION OF VICTORIA The corporation has no intention at this time of selling any land or properties owned by the CCV over the period 1990-91 to 1991-92. LATROBE REGIONAL COMMISSION The commission does not propose to sell or dispose of any property over the next two finanCial years.

SALE OF LAND-HEALTH DEPARTMENT VICTORIA (Question No. 461) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Health: Following the Ministry and/or departmental review into what is considered to be excess land or properties owned or tenanted by the Ministry, department and its agencies or the Crown, what property is proposed to be sold or disposed of over the next two financial years? . Hon. C. J. HOGG (Minister for Health)-The answer is: It has not yet been determined which land or property is proposed to be sold or disposed of over the next two financial years.

SALE OF LAND-LOCAL GOVERNMENT DEPARTMENT (Question No. 463) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Local Government: Following the Ministry and/or departmental review into what is considered to be excess land or properties owned or tenanted by the Ministry, department and its agencies or the Crown, what property is proposed to be sold or disposed of over the next two financial years? Hon. M. A. LYSTER (Minister for Local Govemment)-The answer is: No Ministry or department review has been undertaken as neither the Ministry nor the department holds any land or property that may be sold or disposed of.

SALE OF LAND-MINISTRY OF CONSUMER AFFAIRS (Question No. 464) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Consumer Affairs: Following the Ministry and/or departmental review into what is considered to be excess land or properties owned or tenanted by the Ministry, department and its agencies or the Crown, what property is proposed to be sold or disposed of over the next two financial years? Spring Session 1990-5 QUESTIONS ON NOTICE

130 COUNCIL 29 AUGUST 1990

Hon. B. W. MIER (Minister for Local Govemment)-The answer is: The Ministry of Consumer Affairs and the Liquor Licensing Commission do not hold land or property.

SALE OF LAND-TREASURY (Question No. 466) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Industry and Economic Planning, for the Treasurer: Following the Ministry and/or departmental review into what is considered to be excess land or properties owned or tenanted by the Ministry, department and its agencies or the Crown, what property is proposed to be sold or disposed of over the next two financial years? Hon. D. R. WHITE (Minister for Industry and Economic Planning)-The answer supplied by the Treasurer is: At this stage the Budgets for the next two financial years have not yet been determined. It is, therefore, not possible to say what receipts are required from asset sales for those years and therefore which properties are to be sold. SALE OF LAND-MINISTRY OF TRANSPORT (Question No. 472) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Education, for the Minister for Transport: Following the Ministry and/or departmental review into what is considered to be excess land or properties owned or tenanted by the Ministry, department and its agencies or the Crown, what property is proposed to be sold or disposed of over the next two financial years? Hon. B. T. PULLEN (Minister for Education)-The answer supplied by the Minister for Transport is: It has not yet been finally determined which land or property may be included in any new listing for sale or disposal over the next two financial years.

SALE OF LAND-VICTORIAN TOURISM COMMISSION (Question No. 476) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Local Government, for the Minister for Tourism: Following the Ministry and/or departmental review into what is considered to be excess land or properties owned or tenanted by the Ministry, department and its agencies or the Crown, what property is proposed to be sold or disposed of over the next two financial years? Hon. M. A. LYSTER (Minister for Local Govemment)-The answer supplied by the Minister for Tourism is: With respect to the Victorian Tourism Commission, it has not yet been determined which land or property is proposed to be sold or disposed of over the next two financial years.

SALE OF LAND-DEPARTMENT OF SPORT AND RECREATION (Question No. 477) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Consumer Affairs, for the Minister for Sport and Recreation: , Following the Ministry and/or departmental review into what is considered to be excess land or properties owned or tenanted by the Ministry, department and its agencies or the Crown, what property is proposed to be sold or disposed of over the next two financial years. QUESTIONS ON NOTICE

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Hon. B. W. MIER (Minister for Consumer Affairs)-The answer supplied by the Minister for Sport and Recreation is: It is proposed that the following properties will be sold or disposed of in the next two financial years. 1. Geelong Netball Centre The contract concerned with the sale of this property to Life Be In It was signed earlier this year. However, the centre will not officially change hands until 1992. 2. Property managed by the Totalizator Agency Board (a) 1990-91 11 Alexander Parade, Shepparton-board house. (b) 1990-91 Monash Avenue, Nyah West-former agency. (c) 1991-92627 Warrigal Road, Holmesglen-former agency.

SALE OF LAND-MAJOR PROJECTS UNIT (Question No. 479) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Major Projects: Following the Ministry and/or departmental review into what is considered to be excess land or properties owned or tenanted by the Ministry, department and its agencies or the Crown, what property is proposed to be sold or disposed of over the next two financial years? Hon. D. R. WHITE (Minister for Major Projects)-The answer is: It has not yet been determined which land or property is proposed to be sold or disposed of over the next two financial years.

SALE OF LAND-OFFICE OF PRICES (Question No. 480) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Prices: Following the Ministry and/or departmental review into what is considered to be excess land or properties owned or tenanted by the Ministry, department and its agencies or the Crown, what property is proposed to be sold or disposed of over the next two financial years? Hon. B. W. MIER (Minister for Prices)-The answer is: The Office of Prices does not hold land or property.

SALE OF LAND-OFFICE OF ABORIGINAL AFFAIRS (Question No. 481) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Aboriginal Affairs: Following the Ministry and/or departmental review into what is considered to be excess land or properties owned or tenanted by the Ministry, department and its agencies or the Crown, what property is proposed to be sold or disposed of over the next two financial years? Hon. B. W. MIER (Minister for Aboriginal Affairs)-The answer is: It has not yet been determined which land or property is proposed to be sold or disposed of over the next two financial years.

BREAD INDUSTRY (REPEAL) BIU

4 SEPTEMBER 1990 COUNCIL 133

Tuesday, 4 September 1990

The PRESIDENT (Hon. A. J. Hunt) took the chair at 3.3 p.m. and read the prayer.

BREAD INDUSTRY (REPEAL) BILL Introduction andfirst reading Received from the Assembly. Read first time on motion of Hon. B. W. MIER (Minister for Consumer Affairs).

FARM PRODUCE WHOLESALE BILL Introduction andfirst reading Received from Assembly. Read first time on motion of Hon. M. A. L YSTER (Minister for Local Government).

MARGARINE (REPEAL) BILL Introduction andfirst reading Received from Assembly. Read first time on motion of Hon. M. A. L YSTER (Minister for Local Government).

QUESTIONS WITHOUT NOTICE

SCHOOLS SUPPORT PROGRAM FUNDING Hon. HADDON STOREY (East Yarra)-How can the Minister for Education justify the slashing of funds for the schools support program when, at a time of massive changes to curriculum and reductions in teacher numbers, schools need access more than ever to educational support? Hon. B. T. PULLEN (Minister for Education)-I will answer the question in several parts. Firstly, Mr Storey would be aware of a requirement on all departments to achieve savings, and the Ministry of Education will meet its requirements along with other departments. With his experience and interest in education, Mr Storey will be aware that in addressing the need for savings a department such as this, which is very labour intensive, probably has less opportunity of achieving savings without visiting positions. In a sense there will be a number of positions lost in making those savings. In endeavouring to do that in a way that has minimal impact on classrooms, I have addressed it in terms of administrative support and, within that area, I sought to achieve the least impact possible on the provision of services to schools. There are basically three levels of support. There are 800 positions related to the Rialto-the tower where I will now have the pleasure of occupying part of the 24th floor-which provide central administration support. In addition there is another layerof eight regional offices with QUESTIONS WITHOur NOTICE

134 COUNCIL 4 SEPTEMBER 1990

900 positions. There are support seIVices in 42 locations with 1600 positions. In the first instance I am generally looking at keeping resources that are closer to schools but I am mindful that in the delivery of policy and basic administration there is still a need to have a system that operates well. However, the actual changes fall most heavily in the administrative area. In relation to the schools support centres, a document has been circulated by the department. It was basically in the course of production prior to the Budget and looks at ways ofproviding support under an integrated arrangement through both the regions and the support centres. That document has been revised in terms of the need to make savings in positions, but also to ensure that we can still deliver adequate seIVices to schools. Over the past few days I have indicated to a range of organisations, including unions, that I am prepared to hear their responses to particular problems. In tenns of the actual changes to the support centres, I have yet" to make a final decision. I shall inform Mr Storey when that decision is made. However, I believe the numbers that will finally result will be lower than those that have been bandied around, and that we will have a situation where there is enhanced support in many instances to schools through the combination of support centres and regional offices.

FARROW GROUP Hon. R. M. HALLAM (Western}-My question is directed to the Minister for Industry and Economic Planning in his capacity as the Leader of the Government in this place. I refer the Minister to the report into the financial position of the Farrow group which was recently submitted to the government via the administrator, Mr Ken Russell. Given that the investors and depositors in the Farrow group, as well as the taxpayers of Victoria, have a direct financial interest in the outcome of that report, I ask the Minister whether he will make that report publicly available, and if not, why not. Hon. D. R. WHITE (Minister for Industry and Economic Planning}-In regard to the report from the administrator, I have not yet seen it. I shall take that matter up with my colleagues the Attorney-General and the Treasurer, as well as Mr Hallam's request that the report be made public. Obviously the decision on that will take into account the administrator's views about any issues of confidentiality in relation to the report, but I am happy to take up the matter.

BROWN COAL LIQUEFACTION Hon. T. C. THEOPHANOUS (Jika Jika}-I am happy to direct a question to the Minister for Industry and Economic Planning, having represented him at the Australian Minerals and Energy Council Ministers meeting in Darwin last week. Hon. M. A. Birrell-Why didn't he send someone from his own faction? Hon. T. C. THEOPHANOUS-Some of us had to do the work. It was clear to me when I was in Darwin how advanced Victoria is in the use of brown coal for energy production and how important that is to the nation. Last night's edition of the 7.30 Report on ABC television reported on the brown coal liquefaction pilot plant in Morwell, where Japanese scientists last year achieved a record 1700 hours continuous coal-to-oil production. Will the Minister advise the House of the benefits to Victoria arising from the BCL V project? Hon. D. R. WHITE (Minister for Industry and Economic Planning}-I thank Mr Theophanous for his question and also for acting on behalf of the government at the QUESTIONS WITHOUT NOTICE

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Ministerial conference in Darwin, which covered issues such as excise duties in Bass Strait and other matters of importance. In regard to the liquefaction plant in the Latrobe Valley, as honourable members will be aware, that plant has been of economic significance to this State because the Japanese have been prepared to invest $700 million in the Latrobe Valley for the pilot plant. They are now examining the merits of the work they have undertaken. It is pleasing to know that one of the targets they set themselves was a continuous run in the coal-to-oilliquefaction process of at least 1()()() hours to test the technology they used at the plant; they succeeded in getting a 1700-hour run in that process. Also, they have been able to reduce the cost of oil production from brown coal to $US35 a barrel, compared with the original price of $US42. However, they intend to discontinue the pilot plant at the end of this month. As to whether it would be an economically viable proposition to move to a commercial plant, which would require in excess of $4 billion, that would be a decision for the Japanese government to make, 'laking into account world oil prices. It is the preferred view of the Japanese that if they go to a commercial plant, there should be up to a 50 per cent equity interest from some Australian source. Of course, that offer was made in respect of the pilot plant, but both the Federal and State governments declined to be involved in the initial $700 million investment, which meant that we have not had direct access to some of the technology and some of the research activity that has taken place to date. We could buy access to that technology if we chose to do so. It is also true that two or three scientists have been continuously involved at the site while developments have been occurring. It has been a cordial, effective and constructive process to date. It is also true that the Japanese have agreed to hand over a significant section of the plant to the Coal Corporation of Victoria for its future use. We look forward to the Japanese considering the merits of reinvesting in a commercial plant at some stage in the future and building upon the research undertaken to date and hope it is possible that when they make that decision we can find an Australian equity interest for the next stage of the development. The first stage has been in progress now for about ten years and has produced a $700 million investment from the Japanese with no revenue gain on that Japanese investment but an important gain in enhanced knowledge of the technology in converting brown coal to oil. It has been an important investment in terins of relationships with the Japanese, and we look forward to building on that.

FUNDING FOR NON-GOVERNMENT SCHOOLS Hon. J. G. MILES (Templestowe)-I refer the Minister for Education to cuts of more than $30 million in government grants to non-government schools. Will he give an unequivocal guarantee that those funds will be added to the funds that non-government schools would nonnally expect to receive in 1991-92? Hon. B. T. PULLEN (Minister for Education)-The cuts Mr Miles referred to are in the nature of defennents. Nonnally, non-government schools receive funds in three parcels: 25 per cent is received in February, 50 per cent in July-August and the final payment of 25 per cent in about September. As a savings measure the first 25 per cent of funding will now be made available in the. middle of the year, making that payment a 75 per cent payment, followed by a 25 per cent payment later in the year. It is recognised that some schools will have difficulty with their cash flows in the early part of the year. I have had discussions with representative groups of those schools and will be QUESTIONS WITHOlff NOTICE

136 COUNCIL 4 SEPTEMBER 1990 assisting them in ways of obtaining lines of credit. We have indicated that the charges involved will be made up to each school.

FARROW GROUP Hon. W. R. BAXTER (North Eastern)--I direct a question on the Pyramid Building Society to the Minister for Industry and Economic Planning, and I hope he will find himself capable of answering it rather than referring it to the Attorney-General. He will be aware of public statements by executives of the State Bank group that the agreement between the government and the bank to refund 25 per cent of the deposits of Pyramid clients is simply an everyday business arrangement. If that is so there seems no reason why the House should not be apprised of the details of that agreement. Will the Minister outline to the House the agreement or, alternatively, arrange for a copy of it to be made available to party Leaders? Hon. D. R. WHITE (Minister for Industry and Economic Planniog)--I look forward to taking that issue up-- Honourable members interjecting. Hon. D. R. WHITE-Do honourable members want me to waste question time? The Minister responsible for State Bank Victoria is the Treasurer, and the Minister responsible for the Pyramid Building Society is the Attorney-General, in conjunction with the Treasurer. I look forward to taking up the matter with the Treasurer and providing Mr Baxter with an answer.

AMBULANCE SERVICES IN RURAL VICTORIA Hon. B. E. DAVIDSON (Chelsea)--Could the Minister for Health advise the House of the recent initiatives in the development of ambulance services in rural Victoria? Hon. C. J. HOGG (Minister for Health)--I thank Mr Davidson for his question and his ongoing interest in Ambulance Victoria. It is obvious that effective communication is the most important feature of an efficient ambulance service. Since 1984 the communication network within Ambulance Victoria has been upgraded; $6 million was committed to upgrading the communication network within the metropolitan area and that has provided an ultra high frequency network which is extremely effective. I am happy to announce that the rural communication network is now being upgraded at a total cost of $2.25 million and it will be centralised in 13 locations instead of the former 70 locations. The system is highly reliable and will provide an integrated communications system that will benefit all Victorians, particularly those living in rural Victoria.

CHARGES RESULTING FROM AIDS SYRINGE ATTACKS Hon. M. T. TEHAN (Central Highlands)--Last week the whole of Australia was shocked at the announcement that a young prison warder had contracted the HIV virus as a result of a deliberate attack with a syringe containing HIV positive blood. Has the Minister for Health, in consultation with the Attorney-General, taken action to ensure that an attempted murder charge could be brought against the assailant if those circumstances arose in Victoria? Hon. C. J. HOGG (Minister for Health)--I have not had that conversation with the Attorney-General, but it is one I should have with him and the Minister for Corrections. I have, however, again checked to make certain that the procedures for testing for the HIV virus on people's admission to prisons are as I have informed the House in the past. That is QUESTIONS WffHOur NOTICE

4 SEPTEMBER 1990 COUNCIL 137

the case, and 99 per cent of prisoners agree to the testing. The 1 per cent-it is probably less than 1 per cent-of prisoners who do not agree to the testing are then treated differently from other prisoners. Precautions taken in Victorian gaols are followed carefully and the work is well done. As to the exact thrust of Mrs Tehan's question, the answer is no, but I will.

F ARROW GROUP Hon. D. M. EVANS (North Eastern}-Will the Minister for Industry and Economic Planning infonn the House of the legal position of those investors in the Pyramid Building Society who, for any reason, do not agree to assign their rights in respect of the first instalment of refunds prior to the termination date of 1 October? Hon. D. R. WHITE (Minister for Industry and Economic Planning}-I am not aware of any such cases to date. If Mr Evans is aware of such cases, the government will be happy to consider them on their merits. Hon. R. M. Hallam-There are hundreds of them! Hon. D. R.WHITE-I shall be happy to consider the merits of those cases. If a legal issue arises producing a reluctance to sign the statement-- Hon. R. M. Hallam-What about those who are overseas? Hon. D. R. WHITE-That is a different category; if people are unable to sign for logistic reasons I shall be happy to take up that matter with the Attorney-General. In response to Mr Evans's question, if he is indicating that individuals are reluctant to sign and he can give me evidence of those cases and the reasons why they are reluctant to sign, the government will be pleased to consider the merits of those cases.

EDUCATION FOR DEAF CHILDREN Hon. LICIA KOKOCINSKI (Melbourne West}-The Minister for Education will be aware that in 1989 his predecessor established a working party to consider improving and streamlining education for deaf children in Victoria. The report is now complete and I ask the Minister to infonn the House of his response to the review of education in Victorian government schools for students who are deaf. Hon. B. T. PULL EN (Minister for Education}-Many honourable members will be aware of the discussions and the report on the matter of deaf children in government schools, but for those who have not I have provided copies of the report today. I am aware of the consultative process entered into by the former Minister for Education after the tabling of the report and also that while the majority of comments on the report have been positive many people have been concerned about some of its aspects. I am doing two things in relation to the report. Firstly, I am extending the period of consultation to the end of September and, secondly, I am taking a personal interest in the views of people, both those supportive of the report and those who are worried about some aspects of it. I believe the report indicates a very important new direction for providing facilities, particularly for the profoundly deaf who attend schools in Victoria. The options that have been available so far have been integration within the school system and also through special schools, which have been attended by the more profoundly deaf. The report brings forward a further option of providing a setting within a mainstream school but with special facilities to enable children who are profoundly deaf to have the benefit of special attention and a variety of educational choices they may not otherwise have. QUESTIONS Wll'HOfJI NOTICE

138 COUNCIL 4 SEPTEMBER 1990

One thing all honourable members would be pleased about is the drop in the numbers of people who are profoundly deaf from 529 in 1974 to 323 in 1989. This is partly due to the effectiveness of the rubella inoculations, which we can all be grateful for. The numbers of people being looked after in the schools are also decreasing, which means that as people go on to post-primary education it becomes difficult to provide a wider choice of curriculum. That is part of the reason we have to examine changes in terms ofsupporting those children. However, I stress that the option of special schools will still be available for parents and students as they will not be closed if their clients continue to use them. As I said, many people are welcoming and supportive of the report but we have to respect the views of groups with profoundly deaf children, especially in a cultural sense, and I would not want to have them disturbed by bringing in a basically welcome improvement. I have already visited one school for deaf children-Glendonald-and I shall be making arrangements to visit others. I shall be taking the opportunity to discuss the matter wi th people who have concerns about the report before finalising decisions.

TRANSPLANT UNITS Hon. G. P. CONNARD (Higinbotham}-The Minister for Health will recollect that her predecessor, the Minister for Industry and Economic Planning, promised during the last election campaign, and particularly on 25 September 1988, that $10 million a year would be put towards transplant units at the Alfred, Royal Children's and Austin hospitals. To date only $2 million has been advanced. Will the Minister advise the House when the balance of moneys will be paid and made available to complete the promises of the former Minister for Health to ensure the ongoing operation of the lifesaving units? Hon. C. J. HOGG (Minister for Health}-There has been a great deal of talk in the newspapers in the past week or so about the transplant units. Suffice it to say there remains some time before that promise has to be completely discharged. Actually, it is time to infonn the House of the progress that is being made in achieving national centre status for some of those programs. Many honourable members, particularly those who have been concerned with the Austin Hospital, will realise that last June it was afforded national centre status by the Commonwealth and by the health Ministers council. Health Department Victoria has done a lot of work on this. The Royal Children's Hospital and the Alfred Hospital will be most favourably considered for national centre status. That brings with it a number of funding benefits relating to procedures and the phannaceuticals that are used. I began by saying that some time remained for the government to discharge the remainder of that promise. In the meantime a lot of work has been done and steps have been taken on what is a sensible course of action, that is, trying to have Victoria's great transplant centres recognised for what they are, centres of national excellence, with the Commonwealth playing its rightful part in their support.

STATE BANK VICTORIA Hon. R. A. MACKENZIE (Geelong}-I direct a question to the Leader of the Government regarding the sale of State Bank Victoria, the people's bank. Agreements have been reached with the Commonwealth Bank that mean a percentage of the State Bank will be privatised. These agreements were made without Parliamentary approval. Has the QUESTIONS wrrHour NOTICE

4 SEPTEMBER 1990 COUNCIL 139 government any contingency plans in the event of Parliament, representing the people of Victoria, refusing to pass the enabling legislation? HOD. D. R. WHITE (Minister for Industry and Economic Planning}- As Mr Mackenzie would know, the proposal that was announced by the Premier last Sunday week is conditional on Bills being passed in both the State and Federal Parliaments. There will be support from honourable members in both Houses as they become aware of and are briefed on the issues surrounding the reasons for the sale and its timing, which is in the best interests of Victoria. It is a favourable transaction. If Mr Mackenzie wants a briefing prior to the Bill being introduced we look forward to providing that for him.

LOCAL GOVERNMENT SERVICES HOD. JEAN McLEAN (Boronia}-Will the Minister for Local Government infonn the House about the study into the delivery of local government services to small business in Victoria? HOD. M. A. L YSTER (Minister for Local Government}-Today the Minister for Industry and Economic Planning and I released a major study into the delivery of local government services to small businesses in Victoria. We welcome this report because it reflects the State government's recognition of the need to maximise the opportunities for and the perfonnance of small business in Victoria, particularly in the areas of improving export levels and increasing international competitiveness. The report identifies ways in which local government can assist small business, especially in the context of regional development. It identifies current levels of services and encourages better cooperation between local government and small business and identifies a number of strategies for minimising constraints on small business and effective policy development, including communication and improvement infrastructure, in all of which local government has an important role. The State government already provides a significant range of programs designed to foster small business development, but it is obvious from the findings that more can be done by local government to assist and to play an active and important role in encouraging further development. The Municipal Association of Victoria and the Metropolitan Municipal Association were part of the steering committee, together with the Small Business Development Corporation, which commissioned and guided this report, and I look forward to further discussions with those organisations, with individual councils and with groupings ofcouncils to ascertain their response to some of the excellent strategies proposed in the report.

VICTORIAN AIDS COUNCIL ADVERTISEMENT HOD. B. A. E. SKEGGS (Templestowe}-Has the attention of the Minister for Health been drawn to a poster and advertisement circulated by the Victorian AIDS Council entitled "When you say yes ... say yes to safe sex" and offering information on safe sex and discussion groups for young gay and bisexual men? Does the Minister agree that the poster promotes homosexual practices by its use of the following sentence: Making the frrst.move might be scary, but more guys than you think have sex with other guys. It's natural, and if you're safe you'll have a great time. Will the Minister ensure that this offensive advertisement against public health will not be funded by taxpayers' money channelled through the Victorian AIDS Council? QUESfIONS WrrHOUI NOTICE

140 COUNCIL 4 SEPTEMBER 1990

Hon. C. J. HOGG (Minister for Health}--The initiative came from the Victorian AIDS Council and obviously the poster received a good deal of publicity at the time. My public comment then was, as it is now, that it was an ill-advised approach and one that was certainly too enthusiastic and rather naive. I doubt whether the poster promotes homosexual practices. I believe the aim of the Victorian AIDS Council was to try to attract the attention of young people who may be at risk to take note of the high rate of infectious disease and to take the necessary precautions. The Victorian AIDS Council has not tried to put its head in the sand but has looked for opportunities of finding groups of people, particularly young people, who may be at risk. I understand the council has undertaken some research into the results of that advertisement and is happy with its targeting of certain groups. A lot of queries were raised and a number of young people came forward and sought advice.

In response to Mr Skeggs, I thought the poster was overenthusiastic but it was well intentioned. The poster certainly had the intention of assisting in improving public health and public health measures.

MOTOR CAR TRADER LICENCE FEES Hon. C. J. KENNEDY (Waverley}--Will the Minister for Consumer Affairs explain why motor car traders face licence fee increases of up to 650 per cent and why small car traders will pay exactly the same as large dealers?

Hon. B. W. MIER (Minister for Consumer Affairs}--I thank Mr Kennedy for his question and his interest in this issue, an interest which has also been shown by honourable members on the other side of the House. I have certainly received a significant amount of correspondence on this matter.

Currently the Motor Car Traders Guarantee Fund does not cover the expense of administration of the Motor Car Traders Act after paying out claims under the guarantee fund. Unless licence fees providing the funds are increased, the fund will be eroded within three years. A number of increases were necessary so that motor car traders would pay the full cost of the administration of the fund. .

Among these were increases in the application fee, from $85 to $550, and the renewal fee per premises, from $294 to $619. The increase to $619 for each caryard is not a large sum to ensure that the Motor Car Traders Act is enforced and that consumers have recourse to advice, assistance and compensation when unfairly treated. The fact that the fees are the same regardless of the size of the premises is a reflection of the number of problems caused by dealers with small premises. In other words, there is a justifiable case for the same fee across the board. Often small traders cause more harm and create more problems than the largertrade~

Honourable members interjecting.

Hon. B. W. MIER-That is a statistical fact. These charges should ensure that the Motor Car Traders Guarantee Fund can fulfil its obligation to Victorian consumers without the need for recourse to the public purse. ANSWERS TO QUESTIONS ON NOTICE

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ANSWERS TO QUESTIONS ON NOTIC:E Hon. G. B. ASHMAN (Boronia)-The response today to questions on notice Nos 360, 380 and 425 are similar to responses I have received to a number of other questions, where Ministers have said that the infonnation asked for is subject to freedom of infonnation provisions. The lodging of a freedom of infonnation request by an honourable member in another place should not in any way, shape or fonn affect the answers given in this House. I believe honourable members are entitled to full and proper answers to questions on notice asked by honourable members in this House so that those answers can be incorporated in Hansard. The PRESIDENT-Order! This issue has already arisen in the House in another fonn, at which time I pointed out to Ministers that this House is entitled to answers to questions on notice. The question will therefore remain on the Notice Paper for answering. The answer given by the Minister for Health will not be treated as an answer to the question. Hon. K. M. SMITH (South Eastem)-On a point of order, Mr President, what time limits will apply? Surely your ruling does not mean that a further 30-day limit will apply to the answering ofthe question. I suggest a time limit should apply to the answering of the question. The PRESIDENT-Order! The question has not been answered; it remains on the Notice Paper and time runs against the Minister on it. Mr Ashman has other remedies, due to changes in the Sessional Orders of which all honourable members are aware. Hon. B. T. PULLEN (Minister for Education)-Mr President, in light of your ruling I shall undertake to have the answer to question on notice No. 234 checked and presented to the House. The PRESIDENT-Order! In respect of that question on notice, I rule as I did on the previous question. Hon. B. T. PULL EN-I shall treat the answer to question on notice No. 574 similarly. The PRESIDENT-Order! That can be treated similarly. Hon. B. W. MIER (Minister for Consumer Affairs)-Mr President, the first part of the answer to question on notice No. 349 says that some ofthe information is subject to a freedom of infonnation request. Because of the ruling you have given on the point of order I can respond to only half of the infonnation asked for in the question. To show you what I mean I shall read the beginning of the answer: In respect of consultations where fees exceeded $10 000, the infonnation on consultants appointed is being dealt with Wlder a freedom of infonnation request by Mr PertoIl, MP. to the Department of Premier and Cabinet Listed below are the consultancies under $10 000 conducted by the Ministry of Consumer Affairs and its agencies for the fmancial years 1987-88 to date. Because of your ruling the answer could not be considered a full one. Do you want me to withdraw it? The PRESIDENT-Order! It would be more convenient for the Minister to withdraw it and to answer the question more fully at a later date.

Hon. B. W. MIER-For clarification, Mr President~ does your ruling mean that when a freedom of infonnation request is placed before a Minister a member of this House can nevertheless ask a question, in accordance with the changed Sessional Orders which provide a 3D-day limit on responses, so that in complying with your ruling Ministers may be at odds with the provisions of the Freedom of Information Act? ANSWERS TO QUESTIONS ON NOTICE

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The PRESIDENT-Order! The Minister for Consumer Affairs has asked a question of some importance and I am ready to answer it forthwith. The Freedom of Information Act has never overridden at any stage the rights of honourable members in either House to ask questions without notice or on notice. Two separate procedures for obtaining information thus exist-under the Act and in accordance with the traditional rights of Parliamentarians to seek answers. Thus it is never an answer to a question to say the matter is the subject of a freedom of information request and to leave it at that. On the other hand it may be the case that a question on a freedom of information matter is received and the government has sought legal advice on it and the government may even need to go back to Cabinet to determine whether the question involves Cabinet documents or other privileged documents. If a question of privilege is under genuine consideration at the time it would be valid for the Minister to answer that the whole issue raised by the question has also been raised under the Freedom of Information Act and that the government is currently investigating the issue, and if it is decided to release the matter the information will be supplied to the honourable mem her who has asked the question. If on the other hand the Minister knows the answer and is convinced that the information is not privileged, he can of course release the information forthwith in advance of any release of information to whoever inquired under the Act. The procedures are separate and nothing in the Freedom of Information Act derogates in any way from the rights of members of Parliament in the question procedure. HOD. G. P. CONNARD (Higinbotham)-On the same matter of questions on notice, you, Mr President, will recall that following receipt of answers to my questions on notice last week I wrote to you concerning one of the questions to which I got the same answer regarding freedom of information. You have made a ruling on the matter and I ask: what is the status of the question detailed in my correspondence of last week. The PRESIDENT-Order! I had intended to take up the matter that Mr Connard wrote about to me in a letter that I received today with respect to an answer given to question on notice No. 425 by the Minister for Health. That answer is in the same category as the one to which the Minister for Consumer Affairs referred in that there was a partial answer but the remainder was sidestepped by saying that it was the subject of a freedom of information request. I had intended personally to take up the matter with the Minister for Health. Honourable members did not notice the matter because the answers were circulated without being read. As the answer has been incorporated in Hansard the question has been disposed of formally but I had, privately, intended to ask the Minister for Health to provide an answer to Mr Connard to the part of the question that was left unanswered.

HOD. ROSEMARY VARTY (Nunawading)-A further point on that issue: you, Mr President, will recall that last week we were inundated with answers to questions on notice. When the answers were handed out there was no way that a matter such as this could have been directed to your attention because of the volume of paper. That circumstance should be recorded and although it has become fact because it is recorded in H ansard the reality is that it was not possible for an honourable member asking such a question to have read the answer to the question because of the volume of information provided. The PRESIDENT-That was the point I made although I did not elaborate on it.

HOD. M. A. BIRRELL (East Yarra)-On 31 August I wrote to the Minister for Industry and Economic Planning regarding answers to questions on notice Nos 354 and 397 on the Legislative Council Notice Paper. That letter was faxed through as well as being posted to ANSWERS TO QUESTIONS ON NOTICE

4 SEPTEMBER 1990 COUNCIL 143 the Minister. Those questions remain unanswered. I request that on the next day of sitting the Minister for Industry and Economic Planning provide answers to those questions. Question No. 354 has been on the Notice Paper since 15 May 1990. The details requested are factual and almost statistical in nature. Question No. 397 has been on the Notice Paper since 22 May 1990 and it could adequately be responded to with statistical material rather than argumentative infonnation which may be a cause for further deliberation. I ask the Minister: why have those answers not been provided? Hon. D. R. WHITE (Minister for Industry and Economic Planning}-In response, question on notice No. 354 from Mr Birrell asks me, as Minister, to ask the Premier a question on notice and question No. 397 is also directed to me, as Minister, to ask the Treasurer a question. In keeping with the Sessional Order adopted on 28 March 1990 I have through my office contacted both the Premier's office and the Treasurer for responses. As I have previously indicated to the House in respect of the Legislative Council's rule on questions on notice, I have indicated to my Ministerial colleagues in this place that we have a responsibility to answer within the prescribed period those questions that are directed to us in respect of our portfolios but where questions have been directed to Ministers in this House for Ministers in another place we have indicated to honourable members that we will use our best endeavours to obtain answers from Ministers in another place within the prescribed time. After the prescribed time we will continue to pursue answers to those questions. I do not believe it is possible to be held responsible for a Minister in another place-- Hon. M. A. Birrell-Of course it is. Hon. D. R. WHITE-Not responding to questions within 30 days but we will continue to lead evidence as to the steps we have taken to encourage Ministerial colleagues in another place to answer questions in keeping with the Sessional Order that we have in the Council. Hon. M. A. BIRRELL (East Yarra}-I move: That the Council take note of the Minister's explanation. The PRESIDENT-Order! Before I put the question I shall comment myself. I thank the Leader of the House for his explanation and I fully appreciate two things. Firstly, efforts have already been made by Ministers in this House towards clearing questions on notice on the Notice Paper. They have done well and they deserve recognition. Secondly, I realise the difficulties that Ministers must face when answers are due to be supplied by Ministers in another place. The spirit of the new Sessional Order is that when a Minister receives notice from an honourable member asking for an overdue answer to a question on notice the Minister not only will raise it with the Minister in another place but also, if it cannot be answer promptly, will seek an explanation from that Minister as to why that has not occurred. In the spirit of the Sessional Order, the fact that the Minister has asked another Minister for an answer and has not received it is not ofitself an explanation for the absence of the answer. Motion agreed to. Hon. M. A. BIRRELL (East Yarra}-On another matter relating to your ruling, Mr President, in relation to questions answered en masse last Wednesday, in answer to question on notice No. 380 by the Minister for Major Projects I was infonned that the matter was being dealt with under a Freedom of Infonnation Act request from the honourable member for Hawthorn in another place. In line with your ruling, Mr President, I ask that you reinstate ANSWERS TO QUESI'IONS ON NOTICE

144 COUNCIL 4 SEPTEMBER 1990 the question that has not been answered because the fonn of the Minister's answer is not in line with what you earlier ruled as being adequate. The PRESIDENT-Order! That question was not answered in part? HOD. M. A. Birrell--No, it was one line. The PRESIDENT-Order! In that event I direct that question on notice No. 380 be reinstated on the Notice Paper. HOD. G. B. ASH MAN (Boronia)-I seek an answer to question No. 374 from the Minister for Education. That question on notice was placed on the Notice Paper on 15 May; it has been there for 111 days. It seeks a response from the Minister for Education. Originally the question was directed to the Minister for Health representing the then Minister for Education in the other place. The question seeks infonnation about contributions to the Melbourne 1996 Olympic Games bid. The present Minister for Education was contacted by facsimile message on 31 August and requested to provide a response. HOD. B. T. PULLEN (Minister for Education)-This question has been around a little-it went originally to the Minister for Health representing the then Minister for Education. That circumstance would provide me with an opportunity ofreplying similar to that of the Minister for Industry and Economic Planning. Now I am in a position, according to the second ruling, to question the Ministry of Education. I have done that. The answer to the question on notice is almost ready. Several points have to be provided by some of the outer agencies of the Ministry. I shall undertake to expedite that and to provide the answer as soon as possible-I hope tomorrow. Hon. R. I. KNOWLES (Ballarat)-On 31 August I wrote to the Minister for Local Government seeking an answer to question No. 405 which has been on the Notice Paper since 23 May 1990. The question was addressed to the Minister as representing the Attorney-General in the other place. I seek an explanation from the Minister as to why an answer has not been provided. HOD. M. A. L YSTER (Minister for Local Government)-My response in substance is essentially the same as that of the Leader of the House save that on receipt of the facsimile request from Mr Knowles, I sent a similar message to the Attorney-General. My advice from his office is that the answer has been prepared and is awaiting the signature of the Attorney-General. Therefore I anticipate its production in the House in the very near future. HOD. K. M. SMITH (South Eastern)-On 30 August I wrote to the Minister for Consumer Affairs regarding questions on notice Nos 450, 451, 452 and 453 which appear on Notice Paper No. 69. Those questions have not been answered. I suggested to him that I was expecting those answers to be made available today. Earlier today the Minister gave no indication that those answers were available. I ask him for the reasons for their non-production. HOD. B. W. MIER (Minister for Consumer Affairs)-Firstly, I assure the House that as Minister for Consumer Affairs, with pay; as Minister for Prices, without pay; and as Minister for Aboriginal Affairs, without pay, it is really not my responsibility to respond to questions asked by Mr Smith of me in my role as acting for the Minister for Labour in this House. However, if I were the Minister for Labour, with pay, undoubtedly I would respond. Last Friday I received Mr Smith's facsimile message and today I have responded to it by mail. I shall undertake to raise with the Minister for Labour in the other place those matters raised with me by Mr Smith on earlier occasions in this place. ANSWERS TO QUESI'IONS ON NOTICE

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Hon. K. M. SMITH (South Eastern)-On that matter, Mr President, and as a point of order, I have had circulated to me today's sheet headed "Legislative Council"; that sets out that the Minister for Consumer Affairs, Minister for Prices and Minister for Aboriginal Affairs, the Honourable B. W. Mier, in this House is responsible for the portfolios of labour, property and selVices, sports and recreation, and youth affairs. The Minister may wish to make a fool of himself but he does not have the right to make a "fool of the House or of the procedures of the House. He is responsible for those answers. I do not care whether he wrote to me but I have not received those overdue answers. The answers to the four questions should be produced or a reasonable explanation made as to why they have not been provided. The PRESIDENT-Order! There is no point of order. Mr Smith has his remedy, if he desires to exercise it, and I think he knows what that remedy is. Hon. K. M. SMITH-I move: That the Council take note of the Minister's explanation. Motion agreed to. Hon. G. B. ASHMAN (Boronia)-In line with your earlier ruling today, Mr President, last week I received answers to twenty questions and I seek to have those questions reinstated on the Notice Paper. Four of the answers refer to freedom of information requests being lodged by other persons; and sixteen refer to answers that were tabled in the Legislative Assembly, but they contain no details. The four questions that were subject to freedom of information requests, according to the response, were Nos 364, 366, 369, and 377. The sixteen questions that had their responses referring to the Legislative Assembly answers were Nos 288,290,292,305,318,319,335, 338, 344, 346, 347, 359, 367, 368, 370 and 372. I request that those questions be again included on the Notice Paper. The PRESIDENT-Order! Certainly the position is abundantly clear with respect to the four questions that merely refer to freedom of information requests; they should be restored to the Notice Paper. As to the remaining questions, some time ago I gave an indication to Ministers that a reference to an answer in the Legislative Assembly, without identification of a date, is not particularly helpful. I invited Ministers to ensure that an·answer that merely wished to repeat what was said in the Legislative Assembly could be supplied if the date is drawn to the attention of the House so that the answer is readily available to honourable members. It will be better if the questions are restored to the Notice Paper so that a ready reference can be made to the answers concerned rather than causing honourable members to undertake a great deal of searching through every copy of H ansard. I so direct. Hon. D. R. WHITE (Minister for Industry and Economic Planning)-On a point of order, Mr President, I shall be grateful, before you rule in that way, if you could cite the answers to those questions. The PRESIDENT-Order! I have accepted Mr Ashman's word on it. It is clear that the form of answers has made it difficult, as the House discussed some time ago. Hon. D. R. WHITE-I accept your ruling. Hon. M. A. BIRRELL (East Yarra)-On the point of order, Mr President, the standard answer format was, "I refer the honourable member to my response to question X in the PEffl'IONS

146 COUNCIL 4 SEPTEMBER 1990

Legislative Assembly". The complaint is that the reply gives no guide as to when the question was answered.

The PRESIDENT-Order! I und~rstand that answers are not only signed by the Minister but cleared through the Parliamentary branch of the Department of Premier and Cabinet. It would assist if the Leader of the House contacted that branch to indicate that, where it is desired to adopt an answer given in another place, the date of that answer be included in the answer given in this House. Hon. Rosemary Varty-The date of circulating? The PRESIDENT-That the date of circulating of the answer to the question on notice in the Legislative Assembly be incorporated in the answer given in the Legislative Council so that honourable members will know where to find the answer.

PETITIONS Pearcedale-Langwarrin gas supply Hon. K. M. SMITH (South Eastern) presented a petition from certain citizens of Victoria praying that mains gas be provided for the residents of the Pearcedale-Langwarrin area to replace the present use of bottled gas. Laid on table. Otway State forests Hon. R. A. MACKENZIE (Geelong) presented a petition from certain citizens of Victoria praying that the Otway State forests be managed primarily for water supplies and tourism. Laid on table.

EVIDENCE (AMENDMENT) BILL Introduction and first reading Hon. M. A. L YSTER (Minister for Local Government), by leave, introduced a Bill to amend the Evidence Act 1958, to repeal the Evidence (Neighbourhood Mediation Centres) Act 1987 and for other purposes. Read first time.

REPORT OF BLF CUSTODIAN Hon. B. W. MIER (Minister for Consumer Affairs)-By leave, I move:

That there be laid before this House a copy of Report No. 12 dated 31 August 1990 given to Mr President, pursuant to section 7 A of the BLF (De-recognition Act) Act 1985. by the Custodian appointed under section 7 (l) of that Act Motion agreed to. . Report presented in compliance. Laid on table. PAPERS

4 SEPTEMBER 1990 COUNCIL 147 PAPERS Laid on table by Clerk: Dandenong Valley Authority-Report and statement of accounts for the year ended 30 September 1989. Planning and Environment Act 1987-Notices of Approval of the following amendments to planning schemes: Bulla Planning Scheme-Amendment L17. French Island Planning Scheme-Amendment L2. Flinders Planning Scheme-Amendment L68. Geelong Regional Planning Scheme-Amendment R34 Part 3. Kilmore Planning Scheme-Amendment L29. Knox Planning Scheme-Amendment L21. Melbourne Planning Scheme-Amendment L29 and LM. Ringwood Planning Scheme-Amendment L4. Sherbrooke Planning Scheme-Amendment L17 Part 1. Swan Hill (Shire) Planning Scheme-Amendment L3. Werribee Planning Scheme-Amendment L16. Statutory Rules under the following Acts of Parliament: Administrative Appeals Tribunal Act 1984-Planning Appeals Act 1980-Planning and Environment Act 1987-No. 216. Dental Technicians Act 1972-No. 221. Dentists Act 1972-No.220. Health Act 1958-No. 218. Health Services Act 1988-No. 222. Lotteries Gaming and Betting Act 1966--No. 224. Medical Practitioners Act 1970-No. 217. Physiotherapists Act 1978-No. 219. Public Service Act 1974-PSD Nos 26 and 27. Racing Act 1958-Nos 223 and 225 to 230. Subordinate Legislation Act 1962-Guidelines with respect to the preparation and content of Statutory Rules, 1 October 1990. Ordered that report and guidlines tabled by Clerk be taken into consideration next day on motion of Hon. R. I. KNOWLES (Ballarat).

LAND (IOOF) BILL Second reading Hon. B. T. PULLEN (Minister for Education}--I move: That this Bill be now read a second time. The Bill provides for the revocation ofa permanent reservation over the lOaF-Independent Order of Odd Fellows of Victoria- hall site at 380 Russell Street, Melbourne. In February 1878 the site was pennanently reseIVed for an Oddfellows asylum and hall. In the same year, the land was vested in the trustees of the lOaF by way of a restricted grant for the purposes of an asylum and hall in connection with the lOaF. LAND (IOOF) BILL

148 COUNCIL 4 SEPTEMBER 1990

To ensure that other activities being carned out on the land were within the law, the Oddfellows Hall (Melbourne) Land Act 1930 was enacted. The effect of this action was to endorse the site's use for uses other than as an asylum and hall and to enable the trustees of the IOOF to apply revenue from the use of the site for the benefit ofits members and to make donations to various charities.

The Bill will also repeal the Oddfellows Hall (Melbourne) Land Act and will revoke the restricted grant. The IOOF society has been consulted on the removal of the reselVation and the restricted grant, and is in agreement. The society ultimately wishes to purchase the property and its interest in the property will be secured by way of Crown lease to be issued on the same date as the reselVation and restrictive Crown grant are revoked.

I commend the Bill to the House.

Hon. M. A. BIRRELL (East Yarra)-The Land (IOOF) Bill concerns the removal of a pennanent reselVation under Crown grant over some land at 380 Russell Street, Melbourne. The Independent Order of Oddfellows of Victoria, for which the grant was made in 1878, was established to assist Melbumians by providing a range of selVices. The grant was initially made for an asylum and a hall. The subsequent use of the site necessitated legislative change in 1930, which occurred through the Oddfellows Hall (Melbourne) Land Act, to accommodate .uses other than that for which the grant was originally made.

At present the IOOF has an office complex on the site and a building which is occupied, as I understand it, by the Emily McPherson College. The IOOF wishes to have the grant revoked and the ability to enter into a Crown leasing arrangement to enable it to make better use of the site. This would enable the IOOF to bring the site into its accounts and charge for its use.

The Liberal and National parties have consulted widely and can find no one who opposes the Bill. For that reason we are pleased to offer our support. Motion agreed to. Read second time.

The PRESIDENT- Order! Before proceeding further, I have examined the Bill and it appears to be a private Bill. I have inquired from the Qerk and I understand it was treated as a public Bill in another place. In those circumstances I again call upon the Minister.

Hon. B. T. PULL EN (Minister for Education)-I move:

That this Bill be dealt with as a public Bill. Motion agreed to.

Hon. B. T. PULLEN (Minister for Education)-By leave, I move:

That this Bill be now read a third time.

In so doing I thank the Opposition for its diligence and support. Motion agreed to. Read third time. BREAD INDUSTRY (REPEAL) BIU

4 SEPfEMBER 1990 COUNCIL 149 BREAD INDUSTRY (REPEAL) BILL Second reading Hon. B. W. MIER (Minister for Consumer Affairs)-I move: That this Bill be now read a second time. The intention of the Bill is to repeal specific legislation controlling operations of the bread industry already covered in more general legislation and, secondly, to remove trading restrictions that have price and choice implications for consumers. The government's objective is to remove unnecessarily restrictive legislation which im­ pinges on the supply and distribution operations of the bread industry. This objective is supported by the Inquiry into Food Regulation in Australia, which concluded that the legislation to be repealed is either unnecessary or has become irrelevant to a dramatically changed bread industry and market for bread. The inquiry was a joint Commonwealth-State project carried out by the Commonwealth Business Regulation Review Unit and Victoria's Regulation Review Unit. The legislation in question is the Bread Industry Act 1959 and primarily sections 104 to 106 of the Labour and Industry Act 1958. This legislation, in combination, regulates the supply of bread making ingredients and the distribution of final bread products. It is the govern­ ment's view that orderly and fair supply of ingredients is adequately covered by the Commonwealth Trades Practices Act 1974 and this State's Fair Trading Act 1985. Dramatic changes in the bread industry have seen the emergence of three large bakers who dominate around 70 per cent of the market. The remaining 30 per cent belongs to hot bread shops and a few small independent bakeries. These shops offer a range of specialty breads and have established a market niche for their products. The Labour and Industry Act limits bread trading by creating an offence for a person who delivers bread more than 48· 3 kilometres from where it is baked. The limitation does not apply to metropolitan areas and some rural areas. This is inconsistent with the government's objectives of achieving a market in which choice is maximised and price minimised. There is evidence that prices in country areas are not subject to the same pressures as the metropolitan market. Repeal of the legislation will allow both small and large manufacturers to compete in larger markets and allow specialty products greater access to new markets. Under the existing legislation exemptions from the 48· 3-kilometre limit can be granted. In the past twenty years 42 exemptions have been granted. Nearly half of these exemptions allow specialty products to compete in broader markets. A significant proportion of the exemptions have also allowed small bakers access to wider markets. This indicates the need to provide freedom for manufacturers to market their products. Concern is often expressed about the impact of larger bakers on the country market. This is already a fact of life with the country market effectively shared by two of the major manufacturers. The 48·3-kilometre limitation has been used to maintain this dominance and its repeal should allow greater competition among the larger bakers. The government wishes to see all consumers share in the benefits of real competition. The repeal of the legislation will enable that objective to be reached. The government believes these changes will involve net benefits in terms ofemployment and investment in the industry and advantages to consumers in terms of choice and price. I commend the Bill to the House. FARM PRODUCE WHOLESALE BlU

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Debate adjourned on motion of Hon. G. B. ASHMAN (Boronia). Debate adjourned until next day.

F ARM PRODUCE WHOLESALE BILL Second reading Hon. M. A. L YSTER (Minister for Local Government)-I move: That this Bill be now read a second time. The Bill is the outcome of a major overhaul.ofthe Farm Produce Merchants and Commission Agents Act 1965. As part of the government's program of regulatory reform a review of the Act was announced in January 1987. A review was overdue, given changes to marketing techniques, transport and communications since 1965. Also, the success of the Act has been limited due to its complexity. Initially designed to redress the imbalance of market power between wholesalers and producers, the legislation is well understood only by wholesalers. As such, it has not assisted producers in the way intended. Development of this Bill has involved extensive consultation. An initial discussion paper attracted significant comment from a wide range of industry participants. These views highlighted deficiencies in the legislation and assisted the Department of Agriculture and Rural Affairs in developing a detailed options paper for public comment. The revised legislation is intended to provide an environment in which producers and wholesalers of fresh fruit and vegetables, cut flowers, beeswax and honey can trade that produce in an economic, efficient, fair and competitive manner. While reducing the level of intervention by government when compared with the current Act, the new legislation provides a framework that will meet the above objective. I shall now briefly outline the major changes proposed in the Bill.

CONDUCTOFBUS~S The methods of trading able to be used in the conduct of businesses have been changed and simplified. Revisions to the trading methods are the principal changes in the proposed legislation. The 1965 Act provided that wholesalers could either be licensed as merchants or commission agents but not both. Each of these licences provided for the purchase of produce from a producer at an agreed price. However, where produce was received on consignment it had to be handled on either a merchant or agency basis according to the type of licence held. The reason for preventing a wholesaler from trading as both a commission agent and a merchant was that a wholesaler should not be able to determine, after produce is sold, a basis of payment to the producer which is more advantageous to the wholesaler. At all times producers should be able to determine the method of selling applicable to their produce. The new system will allow producers the opportunity of taking responsibility for their own trading negotiations. Following a request from a producer, a wholesaler will agree to trade on either a commission basis or a merchant basis. If trading on a commission basis, a wholesaler must indicate to the producer prior to the sale of the produce the commission staff rate that will be charged. If a wholesaler trades as a merchant, a price for the produce must be agreed with the producer prior to the sale of that produce. FARM PRODUCE WHOLESALE BIU

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The produce covered under the Act is often perishable in nature and the methods of selling must be flexible to take account of this. Producers will therefore be able to send produce to wholesalers on a commission basis and if they can agree on a price within 24 hours of receipt of the produce they will be able to convert to a merchant arrangement. If no agreement is reached, the produce will be sold on an agency basis.

FINANCIAL PROTECfION

Under the 1965 Act protection against the financial failure of a wholesaler is available to producers by way of a guarantee fund. The level of protection currently offered is restricted to $50 000 for each licensed wholesaler. There is a need to increase this cover for the larger operations. However, there must be a balance between an appropriate level of protection and the cost of providing that protection. The Bill ties the level of protection to the turnover of the business up to a maximum of $150000, with provision to increase this by regulation to take account of future changes.

The Bill also changes the way in which protection is provided. Protection is to be given by means of an indemnity lodged by the wholesaler with the registrar. It is expected that most indemnities will take the form of insurance fidelity bonds.

In Part 10 of the Bill provision is made for financial protection for producers while the new scheme is being implemented. Current licensees will take out indemnities under the new Act and at the same time will be required to make contributions to the guarantee fund under the present Act In this way sufficient funds will be ensured to cover pending claims against the . fund and new claims will be covered by the indemnities.

OTHER DEDUCTIONS

Another change being made relates to deductions. The 1965 Act enables wholesalers to deduct certain "allowable" deductions from returns to producers. This system has resulted in substantial confusion. The Bill makes it clear that producer responsibility in terms of charges ceases once the produce is delivered to the wholesaler. All charges associated with the sale of produce must be met within the commission rate declared by the wholesaler or the price offered to a producer when a wholesaler trades as a merchant.

In addition, the proposed legislation will provide the capacity to require a wholesaler to collect, on behalf of producer organisations, charges generally agreed to by producers for the marketing or promotion of their prod uce. These charges will be deducted from payments due to producers and paid direct to the relevant organisations. MARKET REPORTING

Lack of adequate market information was identified during the review of the legislation as a potential source of market failure. The government recognises the need to provide adequate market information to all participants in order to ensure that a fair, competitive and efficient market exists.

Responsibility for providing a reporting service will continue to rest with the Department of Agriculture and Rural Affairs but the Melbourne Wholesale Fruit and Vegetable Market Trust will be responsible for financing the service. It is important that the department continue to provide the service so that the independence of the market report is maintained. It is appropriate also that the trust finance the service because market reporting information is essential to the functioning of a viable central market. MARGARINE (REPEAL) BIU

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FINANCIAL CONSIDERATIONS Currently the government funds also the market inspection service as provided for in the Act. In implementing the new arrangements under the Bill, the government intends to move to full cost recovery for the market inspection service. Licence fees will be adjusted to reflect the true cost of providing this service. It is anticipated that a licence fee of approximately $600 a year will be required to meet the objective of full cost recovery. The government sees the Fann Produce Wholesale Bill as an important step in its program of regulatory refonn. The proposed legislation will afford producers the opportunity of taking responsibility for their own trading negotiations. The government is providing a climate in which both producers and wholesalers can trade produce in an economic, efficient, fair and competitive manner. I commend the Bill to the House. Debate adjourned for Hon. R. S. de FEGELY (Ballarat) on motion of Hon. R. I. Knowles. Debate adjourned until next day.

MARGARINE (REPEAL) BILL Second reading Hon. M. A. L YSTER (Minister for Local Government)- I move: That this Bill be now read a second time. The Bill before the House repeals the Margarine Act 1975 in its entirety. A brief look at the history of margarine legislation is important to understand the reasons for introducing the Bill. In the last century a process was developed for producing an emulsion of animal fats that could be passed off as butter. The product could be produced more cheaply than butter and was known as oleo-margarine. Legislation was passed to protect the consumer from misrepresentation about this new product in various parts of the world. The Victorian Parliament passed a Margarine Act in 1893. It provided that margarine must not be coloured to resemble butter, that margarine must be sold in cube fonn in blocks of at least two pounds in weight, and that every package must be labelled in large black letters with the word "margarine". Eventually the Margarine Act was absorbed into health legislation, together with other legislation controlling standards for food. Hon. R. I. Knowles-Mr President, I direct your attention to the state of the House. Quorum formed. Hon. M. A. L YSTER-In 1940, however, the government passed specific legislation to control the manufacture of margarine. All manufacturers of margarine in Victoria had to be licensed and the quantity of table margarine manufactured in this State was limited to a total of 1196 tons. Existing manufacturers were granted quotas. The legislation, in addition to protecting the consumer from fraud, attempted to protect the dairy industry from what was then regarded as unfair competition from an inferior product. The legislation had been agreed to by all the Ministers of agriculture in Australia and substantially similar legislation was enacted in every State. MARGARINE (REPEAL) BIU

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For many years the unifonn legislation remained in force and was effectively policed. However, during the 1960s the demand for margarine encouraged the governments of some other States to increase their quotas to enable manufacturers to meet the total demand for their product This meant that manufacturers in those States could produce enough margarine to sell substantial quantities. in Victoria, to the detriment of both local margarine manufacturers and to the dairy industry. With further changes in government policy in other States, where dairying is not as significant an industry as it is in Victoria, quotas and many other restrictions on margarine were repealed. With the emergence of unrestricted production in other States, the Victorian market was flooded with margarine, almost completely negating any protective effect of our legislation. One of the table margarines that became widely available was a cheap animal fat-based spread, coloured and flavoured like butter. Subsequent legislation in Victoria restricted the composition of table margarine to an all-vegetable fat product. Following the removal of quotas in other States, consumption of margarine and butter in Victoria-and indeed generally in Australia-has settled down to a static position. Butter has about 20 to 30 per cent of the table spreads market and margarine the remainder. In recent years, despite extensive advertising campaigns of margarine manufacturers, this proportion has changed little. In 1983 the Margarine Act 1975 was reviewed in consultation with industry. The government concluded that the Act did little to protect the dairy industry in Victoria, yet severely restricted the local expansion of margarine production with consequent effects on economic development and employment. In 1986, a Bill to repeal the Act was rejected by Parliament, as was a subsequent Bill to expand table margarine quotas. In December 1988 the Commonwealth Business Regulation Review Unit and the Victorian Regulation Review Unit published a joint report on food regulation in Victoria. The report recommended the repeal of the Margarine Act 1975. It concluded that production controls could not be justified and that the consumer protection provisions of the Act should properly be in food and weights and measures legislation. The report stated that the Margarine Act was: a classic example of an Act that duplicates and is inconsistent with other general legislation. The same conclusions were reached by the Industries Assistance Commission in its final report on government regulation in packaging and labelling in the food processing and beverage industries. It singled out the Margarine Act for special mention. It recommended the repeal of all labelling and packaging requirements in State products Acts which duplicate and conflict with the food standards code and weights and measures regulations. The government finnly believes there should be a unifonn approach to food standards across Australia. All States support this approach and have signed an agreement to that effect. In conclusion, removal of the production and licensing controls will allow the expansion of margarine production in this State. This will create export opportunities and additional jobs. One investor has finn plans to invest in a table margarine manufacturing plant in Melbourne if the quotas are removed. Also, importantly, the repeal of the Act will remove duplication and inconsistency with the food standards code and other consumer protection legislation. I commend the Bill to the House. Debate adjourned on motion of Hon. R. S. de FEGELY (Ballarat). Debate adjourned until next day. CHILDREN AND YOUNG PERSONS (AMENDMENF) BILL

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CHILDREN AND YOUNG PERSONS (AMENDMENT) BILL Second reading Debate resumed from 17 May; motion of Hon. C. J. HOGG (Minister for Health). Hon. G. R. CRAlGE (Central Higblands)-Tbe Bill should not be before the Council. Had the original Act passed in 1989 been administered effectively and efficiently and provided with the adequate funding it would not have been ne~ssary to ilJ.troduce this Bill. The Children and Young Persons Act of 1989 should have been a high watermark in child welfare. In reality it has been a disaster for those vulnerable children in our society who need its protection. People placed expectations and hopes' on that Act but the government repeatedly broke its promises about child welfare. One can only question the government's commitment to welfare reform. The original Act was a lost opportunity that will cost vulnerable children and their families dearly. The Bill, introduced following the Budget, does nothing to rectify a disgraceful position. Child welfare policies and directions· have a long history in Victoria and have involved a great deal of cooperation on all sides of politics. Much of the legislation introduced has received a bipartisan approach. The 1989 Act would never have come to fruition without the cooperation of the Opposition, despite the government's bungling over the years. I hope that from today the government will provide the resources and management necessary for these vulnerable children and their families. The Labor government takes credit for much that has been done in child welfare. My recollection is that it was a Liberal government in the 1970s that recognised the need for child welfare services and put in place an effective, efficient and responsive mechanism for services to children and their families. The Liberal Party also introduced deinstitutionalisation, although the Labor government tries to take credit for it. The Labor government tells the people of Victoria that it is the leader in social justice and has brought about all the reforms in this area. The reality is that the Liberal government introduced child protective services which were considered to be the most progressive in Australia. The child welfare policies introduced by the Liberal government were designed to protect children and to prevent family breakdown. The family might not be the perfect system within which to bring up children but no society has yet found an alternative. Our aims must be to reunite children with their families and help keep families together. That policy was well thought out in the 1970s despite going off the rails since. The Liberal government also reviewed wardships. The Labor government has continued to improve that system, albeit in a small way. However, the Liberal Party believes it is more important to reunite children with their families. The government places much emphasis on its achievements in social reform. It puffs out its chest and says how much it has done for children. In this respect, it is important to follow through the situation from when the Children and Young Persons Bill was first introduced into the Legislative Assembly on 11 November 1987. On 13 November the second reading of the Bill highlighted some of the important aspects of reform. The Minister is reported in Hansard of that date as having said: These reforms will, I believe, make a major contribution to the improvement of the child welfare and juvenile justice systems in Victoria. For the fust time, all legislative provisions relating to children and young people CHILDREN AND YOUNG PERSONS (AMENDMENJ) BILL

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who are in need of protection or who have committed offences will be found in one Act, which will be of significant assistance to children and their practitioners, the court and the community. I agree, it is a sound conclusion. The reality is that it has not happened-that was November 1987 and we are still waiting. On 4 May 1988 the government introduced into the Legislative Assembly the Children and Young Persons Bill (No. 2). The original Bill was withdrawn because the government failed to consult effectively with the community and the practitioners. The government actually proposed 100 amendments to the original Bill, and said it was serious about children and their families. At page 2118 of Hansard of 5 May 1988 Mr Mathews, the then Minister for Community Services, is reported as havin~ said: The Children and Young Persons Bill was first introduced in Parliament on 13 November 1987. It represented a major legislative initiative in response to the Child Welfare Practice and Legislation Review, chaired by Or Terry Carney of Monash University, which was established to address the long history of neglect of child and family welfare in Victoria. In his conclusion the Minister stated: This Bill represents a major contribution to the government's social justice strategy and is a cornerstone of the government's program for reform of child welfare practice and services in Victoria. That was 1988 and nothing has happened; not a thing. Later I will come to the reason why nothing has happened. On 9 and 10 August 1988 the Children and Young Persons Bill (No.2) was debated. One would not believe it; the No.2 Bill ended up with 99 amendments, one short of the original number. This is a government that says it is serious about children and families! The reason for so many amendments was that the government once again failed to consult the people affected by the Bill. How sloppy can one be? The government presented a major initiative in children's welfare services and yet it had all those amendments. It begs the question: is the government really serious? During the debate on 10 August in the Legislative Assembly one of the contributions by the honourable member for Box Hill bears reflecting on. At page 429 of H ansard she is reported as having said: I shall not reiterate what others have said in this debate, but I commend two of its salient features: fustly, the separation of children in need of protection from those who are criminal offenders, that is, the removal of those who have been offended against from those who are offending. It has not happened. At the Winlaton Youth Training Centre we have young offenders and people who have not offended-who are being placed there for their safe custody-rubbing shoulders with each other. That is an indictment of the government. It should hang its head because quite clearly it introduced legislation it said would implement changes and these changes still have not taken place. The second-reading speech for the Children and Young Persons Bill took place on 8 December 1988 in the Legislative Assembly and it was again debated on 24 May 1989. On 26 May 1989 the Bill was returned to the Legislative Assembly from the Legislative Council. In this Chamber debate on the Bill commenced at 1.30 a.m. Debate on a major initiative, a Bill that would reform children's welfare services, a Bill that was supposed to be the linchpin for social justice for vulnerable children and their families commenced at 1.30 a.m.! During that debate, Mr President, there were pleas by members of the government and the Opposition for adequate resources to implement the legislation. It was also indicated that enormous challenges were being placed before the government, the institutions and the community, and we all recognised that fact. There was a great deal of discussion about the CHIWREN AND YOUNG PERSONS (AMENDMENT) BILL

156 COUNCIL 4 SEPTEMBER 1990 support that was needed for families when children that had offended were cared for in the community rather than being placed in institutions. We would all applaud that; it is where the nub of the issue needs to be resolved. There was no doubt it was recognised that workers in the field then and now have difficult tasks. They are damned if they do not remove a child and they are damned if they do-if they have made the wrong decision. The job that workers in the field do should not be underestimated. Another important provision in the 1989 Bill was the legal mechanism to allow non-government and government agencies to work together to provide an eff.icient service so that the vulnerable children in our society would be cared for. Also, the family unit would be looked at in the context of an overall picture. Rather than one saying, "Let us remove the child" one would say, "Look at the family; let us see what we can do to keep them together." It would be an attempt to do something that would benefit not only the family and the community but also the young people, so that they can make significant contributions to society. Where are we today? We are not very far down the track; we are nowhere. At Baltara Reception Centre we still have 50 people and no reduction-there is an intention to reduce but there has been no reduction. At the Winlaton Youth Training Centre we have 35 and there is no reduction taking place because there is no facility outside Winlaton. The mechanism has not been set up because the legislation has not been enacted. That is what today's amending Bill is about. There has been false promise after false promise on this matter. Expectations have been built up and people in the community have been let down. There is no doubt that it will be an expensive exercise to enact the children and young persons legislation; everybody recognises that fact~ But if one builds up people's expectations and then lets them down one deserves to be kicked in the head. This government deserves kicking because it has not delivered. In my view what really comes home in this debate is the problems that exist within Community Services Victoria; it is full of bureaucrats who are worried only about their own skins. They seem to have an ability to give contradictory advice consistently, and an ability for inaction. In fact, one could claim that Community Services Victoria is like a ship without a sail or a rudder. It really does ,not know where it is going. Community Services Victoria clearly increases expectations and does not deliver. The government has claimed consistently since 1987 that the changes that would be made in the 1989 Act were significant; that they were major changes that had not occurred in 100 years. If they were so significant, why did the government not do something with the Act after it was passed in 1989? In every speech by a member of the government honourable members were told that the Act was significant; that it represented a major reform; that it was a great initiative; that it gave social justice, and provided for great child welfare services reforms. Nothing has happened. In the second-reading speeches for both the Act and the Bill now before the House, honourable members have been given a big sales pitch. The government is saying, "We are the ones who can do it. Look at us, we have done it." I invite all the young persons and the community generally to examine the government and what it has done. It has done nothing. The Act has sat there since 1989, but nothing has happened, and an amending Bill has now been introduced. Over the years the government has promoted minimum intervention in matters relating to children and families. It has said intervention is not the way to go. The Opposition agrees CHIWREN AND YOUNG PERSONS (AMENDMENf) BIlL

4 SEPTEMBER 1990 COUNCIL 157 that that is not the way to go. This government clearly stands on the platform of social justice and trumpets out its nonsense from time to time; and had the government made things happen, perhaps it could have a warm inner glow, but the truth is that nothing has happened. Honourable members hear so much about social justice, but the B ill being debated today has been introduced for economic reasons-money. I ask: what is more important-our children and our families or the government's bent on its economic mismanagement? Hon. R. M. Hallam--Whom are you asking? Hon. G. R. CRAlGE-1 am asking the government. Hon. R. M. Hallam--I'll give you the answer. Hon. G. R. CRAIGE-I ask Mr Hallam to give me the answer. There is no doubt that economic factors influence social reform. Let us examine some of the promises and some of the speeches that have been made during the period of Labor government about the introduction of social and economic reforms. I refer to Victoria: The Next Four Years, the campaign speech of the then Premier, the Honourable John Cain., in which he said: The people strongly endorsed a fresh team-a youthful hard-working team with a vigorous commitment to work in partnership with all Victorians-to bring this State back to life. If this is what the government terms "bringing this State back to life" I should hate to think where it is heading! The then Premier continued: We've worked hard to tackle the hard issues facing our State, and now there's a new spirit of confidence in Victoria ... Where is it? I invite members of the government party to show me someone on the street who has that spirit of confidence. The then Premier also said: The evidence is everywhere to be seen. I do not see it. He continued: Perhaps the most significant example is that for the first time in 30 years people are coming back to live in Victoria to join in the resurgence taking place. This was the gobbledegook put out by Premier Cain in his campaign speech in 1985. I ask: where are we today? Premier Cain also said: Our ten-year economic plan was another first for Victoria-it had not been done before. Hon. R. M. Hallam--I wish it hadn't been done! Hon. G. R. CRAlGE-1 am sure, as Mr Hallam says, that Premier Cain would certainly wish he had never done it either. The then Premier also said in that speech: It's' received overwhelming community support as a realistic blueprint for long-term growth and prosperlty-and we're now in the best position to see a sustained revival in our State's economic fortunes. It is clear that economic factors determine social justice; there is no doubt about that. I refer to Social Justice: the Next 4 Years. John Cain and Victoria. The Partnership Works. That was the then Premier's election platform in 1985. It was a message for Victoria. The children and the families affected by the Children and Young Persons Act should listen to the words spoken by the then Premier and get a warm glow about his statements! He said: Victoria needs good government, not gimmicks. CHILDREN AND YOUNG PERSONS (AMENDMENI) BILL

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Was the introduction of the Children and Young Persons Act 1989 good government or a good gimmick? Premier Cain also said: What they look for is a combination of good management and good policies. These are fair standards, and I am happy for my govermnent to be judged by them. For government today, efficiency, honesty and competence are the minimum requirements. The government should ask the children who are in institutions today for their own protection, rubbing shoulders with the criminals, whether they believe in the efficiency and competence of this government. The then Preqlier continued: They must go hand in hand with social justice, planning and a clear sense of direction-{)r, if you like, a vision-for Victoria's future. In other words, it is just as important to have good policies on poverty, nuclear power, computer technology and environmental protection as it is to develop systems for modem fmancial management,- I should like to talk about modem financial management in light of the current affairs affecting this State: ... efficient transport and a streamlined Public Service. That was the message from the then Premier to those children affected by the inaction of this government in respect of the 1989 Act. I refer now to an address by the Honourable John Cain, then Premier, on 5 September 1989, when he talked about child-care, which has a relationship with this debate as it relates to caring for children. He said: The aim of this government is nothing less than to create a truly modern democracy-a lively, enlightened, prosperous society the equal of any in the world. We surely have not reached that stage! He continued: Achieving it depends on two things. The linchpin is the economy. I agree with that: We must develop an internationally competitive economy, strong and adaptable enough to accommodate change and withstand the hard ti~es- But our institutions are overcrowded with young offenders and those who are there for their own protection. The then Premier continued: As I said at the beginning we are determined to build a society which makes the lives of ordinary people easier-which cares for working people and their families. Which delivers life chances and peace of mind. That is the sort of society we Victorians are capable of building. We have the human and material resources to do it. Why does the government not do it? It is because the government has no money. Its members have come bleating into the House seeking to amend the Act so that they can fiddle the books and enact the proposed legislation in bits and pieces. What a nonsense! The Premier closed his address by saying: You have seen it manifest for six years now. He was talking about the economy, a great concern in Victoria. You will see it flower in the next decade. CHIWREN AND YOUNG PERSONS (AMENDMENl') BILL

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I ask whether that flower ever blossomed; if it did, it has wilted and died. The government will not be in office after the next election because the people who have been dearly affected by the legislation will be crying from the highest hill about the injustices that have been put on them. Questions must be asked of the government. After fifteen months delay, why has not one provision of the proposed legislation been enacted? The Opposition accepts that the Bill is an enabling measure for the proclamation to occur in stages so that resources can be allocated sparingly, but why was the original Act not proclaimed in stages? Why were the hopes and expectations of innocent people built up before they were tipped off the top of a cliff and told that nothing would be done about them? No-one could better tell why this is so than the current Minister for CommunitY Services as recorded in an interview reported in the Age of 21 May 1990, which says: Almost all the Children and Ymmg Persons Act. one of the cornerstones of the Cain government's social justice platfonn, is yet to be proclaimed, despite being proposed eight years ago and passing through Parliament last year. The delay, Ms Setches says, is due to lack of money. I cannot believe that a government of the day would build up the expectations of people in a vulnerable group and then do nothing about fulfilling those expectations. The Minister is not the only person to have said that lack of money was the reason. The regional director of Community Services Victoria's outer eastern region, Mr John Leatherland, is reported in the N unawading Gazette talking about the proclamation of parts of the proposed legislation and the single track service. The article states: Regional director CSV outer east region, Mr John Leatherland, said it was a government decision not to implement the new service in the Golf district at the moment. "We don't know when this will happen now as it depends on budget." he said. "It could be several "years ... The Minister has said the government has no money and the regional director has said that implementation of the proposed changes could be several years away. Why did the government build up the hopes of those people? Why did it give the proposal so much publicity? What is" more damning than the procrastination in the proclamation of the proposed legislation is the fact that no money has been provided for its implementation. It is outrageous that the government has not allocated one cent for the proposed legislation. The government is on record saying that it would implement stage one and stage two this financial year, yet it did not allocate resources to do so. The government's only claim of having provided funding is a meagre sum for capital works, but that will not solve the problem. The legislation is about 150 pages long, and it involves fundamental changes involving more than a few buildings, yet the only money that has been allocated is for minor capital works. Where are the resources? Where are the changes in the court system and the community involvement, which are the nuts and bolts of the proposed legislation? Not one cent has been provided in that direction. The government said it was serious about major reforms and major initiatives, but it will take a lot to convince me that the government was serious when it made those statements, as it will take a lot to convince the people of Victoria. The government has let everybody down and done the dirty on young, vulnerable families and children. It is now trying desperately to cover up its failure by the introduction of the Bill. It represents a breach of faith by the government. CH/WREN AND YOUNG PERSONS (AMENDMENJ) B/U

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When it introduced the original Bill a lot of faith was placed in the government, and the measure received the support of the Opposition because it saw merit in the changes. The benefits that the Opposition could foresee have not come to fruition and every day that passes another child is being placed in a vulnerable position or another family is facing stress and trauma because the government has failed to allocate the necessary resources. How much is social justice worth to the government? What credentials does the government have in social justice when it comes to children's welfare? I will answer that: none, and it will need to do a lot more work in a short period before the community acknowledges that the government is serious. Some people in the community consistently raise the plight of children, one of whom deserves support and commendation. I refer to Glenda Banks who writes for the Sun. She has done a fantastic job in an evenhanded manner. In an article dated 25 August she provides names, addresses, telephone numbers and contact names. She is spot-on in referring to the lack of funding and saying that if we do not do something soon more children will be abused. She brings in some home truths. The article refers to the Prime Minister and to: ... his 1987 pre-electoral promise that no Australian child would live in poverty by 1990, should have been evidence enough. It should have been enough for people to realise that the Labor Party and the Labor governments at Federal and State levels are merely paying lip-service to a lot of things. The article states that Mr Hawke refused to attend an international summit on child death and poverty that was attended by the President of the United States of America, Mr Bush, and the Prime Minister of Great Britain, Mrs Thatcher. The article reports that Mr Hawke' s values were questioned because he will not attend a world summit on child welfare but will instead go to the Australian Football League grand final. Glenda Banks goes on to discuss the soft options being taken by the community because of certain ideas being put forward by people involved in social welfare work. It is interesting that an increasing number of people want to put the case for decriminalising child abuse. Some people say that children are capable of sexual relationships with adults based on mutual love. What a lot of garbage! If the community is influenced by that type of nonsense, we will live to rue the day. Glenda Banks also states:

The buzz word they use to fu~ge the line is that child abuse is "unacceptable" rather than a criminal offence. I will never accept that child abuse should be nothing more than unacceptable. It is a criminal offence and the offenders should be appropriately dealt with. Glenda Banks concludes her article by stating: It is-and must remain-against the law to torment, bum, bash and sexually abuse children. Any such incident should be reported. And there must be no doubt that the community regards such behaviour as a serious criminal offence. There can be no soft options for child abuse. To even consider them devalues our children. I admire people like Glenda Banks. The Law Institutelournal of April 1990 contains an article by Joe Gorman, Deputy Associate Directorofthe General Law Division ofthe Legal Aid Commission, and Ross Brown, Deputy Associate Director of the Education and Infonnation Division of the Legal Aid Commission. They examined the principal Act and state: . The process of law reform has to overcome legal and budgetary constraints and, in the case of the Children and Young Persons Act 1989, many of the much heralded and acclaimed reforms may have to wait. CHILDREN AND YOUNG PERSONS (AMENDMENT) BIU

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They have been put off and they will be put off again in this financial year because no money is available. The Bill was introduced to the House on 17 May without any consultation. The Opposition wrote to organisations in the industry and they informed it that they were unaware of certain provisions of the Bill. As I said, the Bill was introduced on 17 May, but the first meeting the Opposition had with Community Services Victoria to discuss it was on 24 May. The government wanted to rush the Bill through Parliament with only six sitting days left in the sessional period. That shows how much the government feels for the vulnerable young kids in our society. The government does not care, and that is illustrated time and again. The government tried to rush the Bill through and I cannot accept that. The government should have waited to introduce the Bill during this sessional peri-od, but it tried to push it through with only six sitting days left in the last sessional period! The Opposition has consulted with the Children's Welfare Association of Victoria, the Australian Institute of Family Studies, St Anthony's Family Service, the Mission of St James and St John, Copelen Street Family Services, the Melbourne City Mission and the Brotherhood of St Laurence. All those organisations have indicated their acceptance of the Bill because they want the money to be allocated. Imagine how disappointed they will be because there is no money. The people employed by those organisations will have to work their butts off day after day and be continually frustrated. When will the government wake up that those people who do a tremendous amount of good in the community will get sick of bashing their heads against a brick wall? The Bill contains some good initiatives; it provides a new deal for homeless young kids and troubled youth. However, that is no good unless there is confidence in the government that it will carry it through what it is promising. The government has been down this road before, and it will rue the day it lets down the community again. For every day the government delays, another child is placed in an extremely vulnerable position and another family could be destroyed. The hypocrisy of the government is truly unbelievable: members of the government boast about social justice and major initiatives for children, but they have done nothing. The mismanagement and incompetence of the government is so great that it cannot even find the money to implement the Children and Young Persons Act. The reforms in the Act and in this amending Bill are well and truly overdue, and the government lacks a commitment to the young children and families of Victoria. I also believe the government lacks political decency and integrity; it is building up the hopes and aspirations of families and young people that the situation will improve. Clearly it is easy to understand the government's lack ofprilitical decency when its members join in a flag-burning process out the front of Parliament House. If that is the SOrt of nonsense and the type of person that belongs to the government, all I can say is let us introduce legislation to outlaw it as quick as a flash. It is a disgrace, and it makes me quite ill to think that a member of the government in the Legislative Council is a member of a party that bums a flag. Hon. R. A. Mackenzie-What has that got to do with the Bill? Hon. G. R. CRAIGE--The government lacks integrity. It is full of misfits who claim that the government will look after children and families in vulnerable positions, but it does not do it. Mr Mackenzie is a part of this government. Hon. R. A. Mackenzie-How can the burning of a flag relate to children? Spring Session 1990-6 CH/WREN AND YOUNG PERSONS (AMENDMENI) B/U

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Hon. G. R. CRAIGE--If the people of this government are able to feel good about burning flags-- Hon. C. J. KENNEDY (Waverley}-On a point of order, perhaps Mr Craige or you, Mr President, could decide what flag burning has to do with the Children and Young Persons (Amendment) Bill. The PRESIDENT-Order! I think it was a short interlude that had nothing to do with the Bill, but Mr Craige has passed on from that. I had anticipated Mr Kennedy raising a point of order on what Mr Craige subsequently said, not on what had already passed, but there we are. Hon. G. R. CRAIGE--The Opposition has misgivings and I think it is truly justified in having those misgivings about the Bill and the Act and the introduction and proclamation, but it supports the Bill because it puts the government on notite here and now deliver the services 10 the children and families of Victoria! Hon. C. F. Van Buren interjected. Hon. G. R. CRAIGE--Mr Van Buren's inteIjection is a typical statement of the government. It has no hope and it continues to talk about the needs of the children and families of Victoria. The government is on notice as of today . It must perform and respect the children of our future, hold families together and give them something to aspire to. The Opposition supports the Bill. Hon. P. R. HALL (Gippsland}-It is worthwhile pointing out from the beginning that the Children and Young Persons Bill was debated in Parliament over twelve months ago in a sitting which started at 1.30 a.m. on Saturday which was the last day of the autumn sessional period of 1989. It was a shame honourable members had to debate it on the last day of the session and at that hour of the morning because I am sure we did not get the best commitment from members who contributed to the debate. Certainly the members of the government were gagged at that time and it was a shame we did not hear their contributions on this important piece of legislation. Today the government has the opportunity to do so. I hope some members of the government will speak about the first Bill and the amending measure. When the original legislation went. through Parliament it was supported unanimously by members of the Opposition, and that support is still as strong today. That should be put clearly on the record. At that time the Bill was debated it was recognised as a significant piece of legislation that would bring about much needed support in two areas: child protection and children and the criminal law . The reforms were received with strong support from the Opposition. In fact, the Bill was received well by all members of this House. As Mr Craige has pointed out in the last 45 minutes or so, we have now been waiting some fifteen months for any of the legislation to be enacted. Hon. R. A. Mackenzie-We have been waiting 45 minutes for him to get to the point! Hon. P. R. HALI.r-The people of Victoria are still waiting. The children who are in need of those services and the parents, social workers and those who contribute to the services are waiting for these badly needed reforms to be phased in. Still, the purpose of the Bill is to start the process of phasing in the Act that went through fifteen months ago. It should also be noted that the phasing-in period will not happen overnight. It will take some years to implement completely all of the provisions of the Children and Young Persons Act, and we can be expected to wait until 1992 at the earliest before that takes place. With the process CH/WREN AND YOUNG PERSONS (AMENDMENI) B/U

4 SEPTEMBER 1990 COUNCIL 163 that has happened over the past twelve months--I suggest it may take even longer than that to implement the Act fully-we have been waiting a long time for the much needed refonns. At the time of the passage of the Children and Young Persons Act through Parliament I expressed some personal doubts about the government's commitment to the implementation of those provisions, and I still have doubts. During some briefings the opposition parties have had with officers of Community Services Victoria it was suggested that there would need to be a financial commiunent of the order of $10 million or thereabouts to enable the Children and Young Persons (Amendment) Bill to be fully implemented. If we consider $10 million as a figure within the totality of the whole State Budget or even as a part of the Community Services Victoria budget, it is not a comparatively large amount. I should have thought that if the government had had the commitment and desire to get the legislation in place and working as quickly as possible it could have had a stronger commitment to finding the sort of money needed for the Act to be implemented. One of the significant costs of the Bill would be the capital funding that would be required for places that will separate non-offenders from offenders. That was one of the pleasing aspects of the legislation that all honourable members welcomed. It was not an essential component, and we were looking forward to seeing it, but the lack of commiunent is disappointing. There has been a complete lack of progress in building the facilities to separate those requiring protection from juvenile offenders. Perhaps the Minister could infonn the House of the developments-if there are any-that have taken place in those areas. The other financial commitrnent involved in the implementation of the Act is the recurrent funding that would be required to pay for the extra staff Community Services Victoria would need to employ in order for the provisions of the Act to be implemented. The National Party was told by officers of Community Services Victoria that it would require the employment of an extra 220 social workers across the State to put the provisions of the Act into practice. That poses a real problem because there are not 220 qualified social workers in this State that could be recruited tomorrow. Community Services Victoria has had a problem over several years with a large turnover in staff numbers and in filling the places of social workers who have retired from that department for their own reasons. It will be a real problem to find 220 extra social workers within Victoria. It is disappointing that we have not got young people entering social· work courses, particularly when the entry level for such courses is extremely low; it is one of the lowest professional entry levels in this State, yet we are not getting enough people taking on those courses. It will require extra effort to encourage people to fill those positions. Victoria needs to employ 220 social workers to fill the vacancies, so that this measure can be put into operation. When speaking about the government's lack of commitrnent, Mr Craige raised a point made by the Minister for Community Services who admitted that funding was a real problem in the implementation of the Act. Some $10 million is required to implement such an important measure. If the government were really concerned about the welfare of young people in this State, it would have given priority in this year's Budget to allocating $10 million for this purpose. When looking through the Budget Papers one sees no evidence of what steps the government intends to take over the next twelve months to implement this measure. I would appreciate some feedback from the Minister when she responds to the debate. Perhaps she will tell us what provisions have been specifically made in this year's Budget to bring about the implementation of the Children and Young Persons Act. CHILDREN AND YOUNG PERSONS (AMENDMENT) BIU

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Hon. G. R. Craige-Nothing. Hon. P. R. HALL-When the original Bill went through Parliament some fifteen months ago neither the National Party nor the Liberal Party had any objections. The concept of the Children and Young Persons Bill is admirable and it is one that we should all be striving to implement in this State. The National Party has no objection to any of the provisions of the amending B ill; nor had we in May of this year when again this amending Bill was brought before Parliament less than two weeks before the scheduled recess. The opposition parties refused to allow the Bill to pass at that point of time because they did not have time to obtain comments from people outside Parliament on whether they believed the amendments proposed were the right sorts of amendments. Thank goodness we took that line because I believe the government is proposing at least one set of amendments to the amending Bill that honourable members have before them today, which I know the opposition parties have looked at. We are pleased that the government has now consulted with the wider community and the amendments to be proposed are largely the suggestions from community groups involved in children's welfare. The National Party is very pleased that it had not rushed in and allowed the amending legislation to pass when it was thrown at Parliament less than two weeks before the end of the last sessional period. In the second-reading speech it was pointed out by the Minister that this is an enabling Bill to enable the phasing in of the Children and Young Persons Act. The National Party can understand why the Act needs to be phased in over a period. I hope that period is as short as possible. It can be expedited if there is a bigger commitment, especially in the funding area and the recruitment of personnel. With that sort of commitment we can get the Children and Young Persons Act operating in full. I make that urgent request and repeat that the opposition parties strongly support the whole concept of the Act. The National Party wants to see it work as quickly as possible. As Mr Craige said, the Opposition has thrown the challenge back to the government, to bring about the phasing in of the Act as soon as possible. It is a reform that the children and the people of Victoria badly need and want. We all want to see it. The National Party sincerely hopes the government acts swiftly to bring about the full implementation of the Act.

Hon. R. A. MACKENZIE (Geelong~1 support the Bill, which is designed to enable the implementation of the Children and Young Persons Act and to make further significant reforms to that Act. In her second-reading speech the Minister said that the reforms include the following developments: strengthening child protection; strengthening and preserving the family relationships of vulnerable families; respect for cultural values; promoting the rights of children; balancing intervention into the lives of children and their families against the 'need to protect endangered children; separating the criminal and family areas of child welfare; promoting participation and collaboration with children and their parents in decisions which affect their lives; and increasing the range of sentencing options available to the Children's Court. No-one could argue against reforms of this nature. CH/WREN AND YOUNG PERSONS (AMENDMENT) B/U

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I was disappointed that Mr Craige spoke for 45 minutes in support of the Bill but the government did not really hear what it would have liked to hear, that is, what a coalition government would have done and would intend to do with this legislation, and how quickly the coalition would move to implement it if it were in government. It is all very well to spend 45 minutes attacking the government, but we were hoping that we might hear something positive. Hon. G. R. Craige-We introduced it in 1970, all of it. Hon. R. A. MACKENZIE-I want to speak briefly about the wider implications of what is being dealt with here. This Bill is important and urgent. It is needed for the ever increasing number of people who want to make use of it because honourable members have to face the realities of what is happening in our society at the present time. The reforms that this Bill will bring will be a stopgap and may save many of children and families from disintegration. We have to go back to the root causes of why those children need that protection in the first place. This House needs to address those issues because we have to look at preventing the causes, not dealing with the results. The growing concern in the community must be picked up by honourable members and addressed by us as leaders in the community about what is happening out there in our society. This problem is not just in the suburbs or the city areas; it is in the rural communities as well. Hon. W. R. Baxter-Unfortunately so. Hon. R. A. MACKENZIE-As Mr Baxter points out, unfortunately so. Generally, rural communities have been immune from what is happening and the disintegration of a lot of what we know as our society. I want to refer briefly to the cover story which was published in the Bulletin on 3 April 1990 entitled "The Underclass". It refers to the emergence of what is known as an underclass. It is a new substratum that is developing in Sydney and is starting to develop in Melbourne, which I believe is very frightening. The article states: What is intriguing, and even more worrying, is the gradual emergence of a new sub-stratum: a breed of young people who expect society to provide them with the lifestyle of their choice without their giving anything back. They feel no obligation to work and thwnb their noses at most traditional social structures: they are a problem for society but not for themselves. These are the kids who are prepared to live on the streets, to exist on petty crime, to sleep rough, sell their bodies, play with drugs. They reject any notion of accountability and embrace a day-to-day existence which often means premature death. Their numbers are lower than has been suggested by some social commentators, but they are increasing, particularly in the Kings Cross area of Sydney. It seems only a matter of time before they emerge in other cities, as they have in Britain and the US ... Youth counsellors working with street kids talk about them "hurtling from day to day", kids who are "totally feral" ... and, "something scary" happening out there. A number of these kids profess to be happy, they neither want our sympathy and help, nor do they hanker for a more stable, comfortable lifestyle. This underclass is beginning to emerge in Australia and should concern all honourable members. We are letting down this generation, and if we do that this generation will pass it on to future generations. If the necessary steps are not taken now, Australia will have a dreadful society in the future. I illustrate my comments by referring to my visit to Ireland a few years ago. In my travels in that country I noticed groups of people camped by the roadside. They were like gypsies living in run-down caravans, camping by the road with campfires going and washing strung out among the trees. Even in the streets of Dublin there were women with babes in arms, holding cups and begging in the street. I spoke with councillors from County Clare and asked who these people were. I asked whether they were gypsies but was told, "No, we call them CHILDREN AND YOUNG PERSONS (AMENDMENT) BILL

166 COUNCIL 4 SEPTEMBER 1990 the itinerants". So I asked for the story. One councillor said, "We are trying desperately to do something for them but their lifestyle is such that we cannot alter it. We have tried to encourage them to stay in caravan parks but they refuse to do so. We try to move them on from roadside camps but it is almost impossible". I was told these people were the descendants of the children who wandered Ireland during the potato famine. These children lost their parents in the cholera epidemic of the 1850s and were forced to leave their homes and wander country roads. They never had roofs over their heads or any parents to look after them, so they kept together as a group and had children themselves. Over the generations they bred a race of people the Irish now call the itinerants. If Australia does not come to grips with the homelessness problem, a similar subclass will appear in this country. The danger signs are there, and if we do not heed them we will contribute to a significant problem to be faced by future generations. In addressing Bills of this nature honourable members must carefully consider how they can protect today's young people and also consider the problems facing future generations. It does not matter whether one is in government or in opposition, as members of the opposition may have to wrestle with these problems in the future. The Prime Minister of Australia, Bob Hawke, rang the warning bells as long ago as 1979. In his Boyer lecture on the resolution of conflict, he said: There is an insidious tendency to identify the unemployed as the architects of their own misfortune-to attribute to them some intrinsic inferiority either of character or intensity of purpose ... More and more of our people, especially the young and underprivileged, will be increasingly susceptible .. .if we do not provide them with employment or security with a sense of fulfilment. If we do not do this we have no right to demand or expect their adherence to the values of a free society. That is exactly what I am talking about. One could not put it better than that. That is where our responsibilities lie, and that is something with which we must come to grips. Mr Brian Howe, who has held the Federal social security portfolio for six years, is reported as having said he is: resisting a sense of hopelessness. I don't see it like that. When you start writing off groups of people, that's a theory of poverty which is to do with culture. It suggests there's some culture which prevents getting opportunities. It's not so much a culture as, for example, very bad housing policies where you put such people together. That does make it hopeless because it's a multi-deficit situation where there are so many negatives that it's very difficult to create positives. If we have ghettos we'll create a sense of hopelessness. Brian Howe was right. He grasped straight away the problems facing Australia. In discussing the Bill honourable members must come to grips with the problems in our society. We must consider where our kids are heading. We must attack the causes. We must examine the housing situation. The Victorian government has carried out some good work on housing but it cannot keep up with the demand. Despite its resources, the government cannot keep up. There are still huge waiting lists for accommodation. Families still crowd together in unsuitable and unhygienic accommodation. Some 70 000 homeless children are wandering Australian streets. In the Geelong Province there are 90 inquiries a week from homeless kids looking for somewhere to stay. Unfortunately, there is an increasing number of children in this category. These are people who will require the reforms proposed by the Bill. If this problem is not overcome, a terrible whirlwind will confront future generations. One serious concern I have about the breaking up of our society is the lack of discipline and the lack of respect so many young people seem to have for society. There are some wonderful kids out there, but there are others who do not respect any authority. Last week a Geelong shopkeeper, whose shop is in the middle of four nightclubs, told me he has replaced the glass window on his shopfront three times in the past four weeks. Every CH/WREN AND YOUNG PERSONS (AMENDMENT) B/U

4 SEPTEMBER 1990 COUNCIL 167 shopfront between these clubs has been kicked in. Nothing has been taken. The shop windows were broken by beer bottles or by being kicked in. It costs that shopkeeper $800 a time to replace those windows on Monday mornings. These young people are often under the legal drinking age and completely out of control as a result of their alcohol intake. It is important that honourable members address these issues. I am not suggesting we must get tough with these kids. Hon. W. R. Baxter-How do we make the parents more responsible? Hon. R. A. MACKENZIE -We must look at the causes and make the parents take responsibility for their children's actions. We must make establishments supplying alcohol ~ake more responsibility. We must ensure that the resources of the Police Force, which has the unenviable task of trying to protect our property and society, are at a level to do so. There is QO easy solution. I should like to be able to stand up here and offer suggestions on what the government should do. The government and the Opposition are fully aware of the need to tackle the homelessness issue. Honourable members must attack all areas that create an underprivileged society. They must support families and the means to keep families together. It is important for the government to consider all these issues. The Opposition can hammer away as much as it wants but it is not telling the government anything it does not already know. We must examine how the resources are provided and which areas are to be given a higher priority. The government must ensure that sufficient resources are provided in the Budget to enable us to attack those problems. Unless we get to their root causes any amendments we make to the Children and Young Persons Act will be to no avail. The Bill contains some urgent reforms which will help to deal with current problems but which will do .little to prevent other problems occurring. I commend the Bill to the House; I commend the government for the reforms it has made to the Act; and I commend the Opposition for its support for them. I hope, as members of this House, we shall have further opportunities of discussing these issues. Mr Craige could have adopted a more positive approach to the issues raised by the Bill. We should forget about political point scoring when we are debating such issues because they are too serious for that. Our kids and the kids of the future are far more important than the scoring of a few points during debate on these matters. I strongly support the Bill and I hope the government will be able to implement its provisions in the way it anticipates. I hope that, in the distribution of Budget funds, more money can be spent on preventive measures rather than on the sorts of measures contained in the Bill. Hon. R. I. KNOWLES (Ballarat}-I congratulate Mr Craige and Mr Hall on their contributions to the debate. Mr Craige gave the House the history of the Children and Young Persons Act, emphasising that it had been developed over a long time and that it followed on from a number of significant refonns enacted by the previous Liberal government. Mr Mackenzie was critical of Mr Craige' s contribution, and he gave the impression that the Opposition knew nothing about child welfare legislation or the management of community services. As Mr Craige pointed out many of the significant reforms in Victoria in recent years occurred under the previous Liberal government; and to its credit this government has carried on some of those reforms. But, despite a great deal of rhetoric about the dramatic changes it promised to make in this area, the government has been unable or has refused to provide the resources necessary to give effect to those refonns. Mr Mackenzie has done the House a service by reminding all honourable members of those in the community we should be concerned about, not only because of our obligations to our CHILDREN AND YOUNG PERSONS (AMENDMENT) BILL

168 COUNCIL 4 SEPTEMBER 1990 fellow man but also for the selfish reasons of having a vested interest in establishing and maintaining a secure society for ourselves and our children. Every day we see evidence of the actions of those who believe the wider community has forsaken them and that we offer them neither support nor hope and they respond in kind, as can be seen by their acts of vandalism and other criminal behaviour. The aim of the Children and Young Persons Act is to establish a legal framework within which some of those problems can be addressed and services developed to meet young people's needs. Mr Mackenzie referred to those in our community who have rejected the social values to which we adhere. The Bill encourages service providers to develop appropriate services to meet the needs of such people and to give them hope and an opportunity of developing into responsible citizens. I share the concern expressed by Mr Craige and Mr Hall that, despite the many debates during the development of the Act and the introduction of this amending Bill, the passing of which is necessary before the Act can be proclaimed, not one additional cent has been provided in the Budget to give effect to the reforms. I disagree with Mr Mackenzie: the Opposition has an obligation to hold the government accountable, not for reasons of petty point scoring but to try to get the message across that the passing of such legislation is meaningless unless the resources are provided to give effect to it. Ifthe Bill were to be passed by the House tonight, by the Legislative Assembly tomorrow and proclaimed the next day, not one thing would be done to address the needs of the people mentioned by Mr Mackenzie unless the necessary resources were provided. I commend Mr Craige and Mr Hall for drawing the attention of the House to the urgent need for the Bill to be backed up by additional resources. If that does not occur we shall all be guilty of contributing to a feeling of helplessness in those young people about whom we have all expressed concern. I believe it is better not to raise expectations than to raise expectations and then fail to meet them. My talking to young people has shown me that one thing that bugs them is hypocrisy, especially the hypocrisy of politicians who make promises but who do not deliver. Such hypocrisy shatters what faith those young people have in our political system. More than any other this government has been guilty of falsely raising community expectations, especially in this area. The agencies working at the coalface with the vulnerable young members of our community are being starved of resources. The reforms embodied in the Act and contained in the Bill are good reforms; and we should not run away from the fact that they will be costly to implement and will require a greater allocation of resources in the years ahead by governments of whatever political persuasion. I support the need for increased resources, not only because of our obligations to our fellow man but also because of our selfish or vested interest in a secure society . Unless we can give hope to all young people in our society we will pay the costs I spoke of earlier-increased criminal behaviour and their total rejection of mainstream values which, as Mr Mackenzie said, could lead to the development of a subculture that lives apart from the mainstream and comprises people who flatly reject support and assistance from the wider community and who have no sense of responsibility to it. I support the amendments contained in the Bill but they will be meaningless if the government is not prepared to match its rhetoric with cold hard resources. For nine years we have heard rhetoric; there can be no further excuses. The Bill will allow the implementation in stages of the principal Act. The excuse has been that it was impossible to provide all the resources necessary to implement the Act, but the CHIWREN AND YOUNG PERSONS (AMENDMENT) BILL

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Bill removes that excuse. It also makes other sensible reforms. It provides for the government contracting to non government agencies some of its statutory responsibilities which are embodied in the principal Act. We support those provisions but we plead with the government to match its rhetoric with resources. It has an obligation to do so and it will be judged according to how those resources are used. The PRESIDENT-Order! The Bill seeks to amend the Children and Young Persons (Amendment) Act 1989. Amongst other things the Bill provides for the reconstitution of the Children's Court of Victoria and for most purposes confers exclusive jurisdiction under clause 17. The Bill grants further jurisdiction to the Children's Court in at least five clauses and in doing so it indirectly excludes or limits the jurisdiction of the Supreme Court. In my opinion therefore an absolute majority of the whole number of members of the Legislative Council is required for the passage of both the second and third readings of the Bill. To enable me to determine whether such a majority exists, I ask the Clerk to ring the bells. Required number of members having assembled in the Chamber: Motion agreed to by absolute majority. Read second time. Committed. Committee Clauses 1 to 3 agreed to. Clause 4 Hon. C. J. HOGG (Minister for Health)-I move: Clause 4,line 12, omit Part 3" and insert- "Section 93,98 (to the extent that that section applies section (3), 112 (2) or 114 (1). (3) An authorisation under sub-section (2) must be made by instrument and-with the agreement of the person to be authorised.". Clause 4 is amended by substituting a new section 7 (2), which enables the director-general to authorise the person in charge of an approved community service to: perform case management responsibilities in supervising contracted cases to the non-government sector under sections 93 and 98 (1); approve applicants for the permanent care of children to make application to the Children's Court under section 112 (2); consent to a suspended permanent care order being transfered to the Family Court of Australia consistent with the requirements under section 114; and it also proposes a new subsection (3) which requires agreement before authorisation is given. Hon. R. I. KNOWLES (Ballarat)-I suggest that progress be reported because the amendments that have been circulated are different from the amendments that have been seen by the Opposition. Hon. C. J. HOGG (Minister for Health)-I apologise to the Opposition if there is confusion. I understood that the amendments had been agreed to. There may be a deficiency in the notes. Progress reported. HEALTH SERVICES (FURTHER AMENDMENT) BILL

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HEALTH SERVICES (FURTHER AMENDMENT) BILL Second reading Debate resumed from 31 May; motion of Hon CJ.HOGG (Minister for Health). Hon. M. T. TEHAN (Central Highlands)-This Bill contains approximately 30 clauses and is primarily what can be described as a housekeeping Bill or, as it has been described in the second-reading speech, as a nuts and bolts Bill. The Opposition will not oppose the Bill. The Health Services Act was enacted in 1988 and was a rather substantial rewrite of the legislation relating to health care agencies throughout Victoria. I suppose it is not unexpected that the need has arisen for a Bill such as this which spells out some of the required finetuning after the Act has been in operation for some time. I shall be referring to two areas of substance, the first being the provisions about quality assurance, as detailed in section 139; the second, a deletion of reference to the involvement of Victoria in nursing homes and special accommodation houses in relation to community visits and residential statements. . The State is deleting references in the Act to hostels and nursing homes where that applies to community visitors and residential statements because the Commonwealth has taken jurisdiction over this area. It would be a duplication of regulations, requirements and standards if the State continued to exercise jurisdiction through either regulation or legislation in those areas. I shall quickly refer to some of the major amendments proposed by the Bill, primarily those of a technical nature, and I shall not be advancing many arguments in any capacity about them. Clause 5 amends section 11 and the insertion of subclause (lA) gives a power to the Governor in Council by order published in the Government Gazette to exempt specified health seIVice establishments or classes of establishment not only from Part 3 of the legislation but also from Part 4. In other words, the Governor in Council will have a very broad power to make general exemptions to the provisions of the legislation. The House has observed this practice on a somewhat regular basis; broad powers are being enacted in legislation but then exemption powers are being given to the executive ann of government. The opposition parties h~ve some concerns about that as an ongoing process. No specific concerns are spelt out in this Bill but the matter has been raised in a number of other areas. I wonder about regulations that give broad powers on the one hand and then give a power through regulations to opt out on the other hand. Clause 7 amends section 24 of the principal Act. There may not have been a provision in section 24 for the making of a constitution or by-laws in addition to amending or altering registered funded agencies. This measure is of a housekeeping nature and will be faced again in section 33 (2) of the Act, to be amended by clause 9; in that case, there will be a similar provision ensuring that public hospitals are given a power to make by-laws. Section 33 (1) of the Act refers to the board of management, and states:

There shall be a board of management of each public hospital. (2) The functions of the board of a public hospital are- (a) to oversee and manage the hospital; and (b) to ensure that the services provided by the hospital comply with the requirements of this Act and the objects of the hospital. HEALTH SERVICES (FURTHER AMENDMENT) BIlL

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Clause 9 seeks to insert a new provision, so that section 33 (2A) would read: The board of a public hospital has such powers as are necessary to enable it to carry out its functions, including the power to make, amend, or revoke by-laws. That provision ensures that the powers are clearly spelt out. Clause 8 seeks to insert an amendment to Division 4 relating to public hospitals. Existing section 31 states: 31. Each public hospital, by operation of this Act- (a) is a body corporate with perpetual succession; and (b) shall have an official seal; and (c) may sue and be sued in its corporate name; and (d) is capable of purchasing, taking, holding, selling, leasing, taking on lease, exchanging and disposing of real and personal property; and (e) is capable of doing and suffering all acts and things which bodies corporate may by law do or suffer. During a briefing on the Bill it was suggested to me and to members of the health committee of the parties, primarily through Dr Hamish Russell, that the possibility existed that, further to those provisions, because of constant intervention through departmental requirements, hospitals may be seen to be part of the Crown. It was considered necessary to spell out unequivocally that a public hospital does not represent and shall not be taken to be part of the Crown. The Opposition fully supports that principle and therefore has no difficulty with what is simply a clarification clause, but one that nevertheless spells out unequivocally that hospitals are quite independent. In terms of design approval, clause 13 will amend section 76 to provide similar provisions to those that will apply because of clause 19 seeking to amend section 115 (2). The clauses refer to requirements that impact to some degree on non-public hospitals in Victoria. To that degree I sought comment from the Private Hospitals Association of Victoria. I place on record the comments that the association has made. Section 76 as it is to be amended by clause 13 requires a person to apply to the chief general manager for design and approval of: (a) premises proposed to be constructed for use as a health service establishment of a particular kind; or (b) alterations for extensions to premises used and the amendment in the clause proposes the addition of the words: or proposed to be used. Section 115 establishes penalties if a person enters into an agreement or an arrangement without design approval. Subsection (1) states in part: . . . . for the construction, alteration or extension of a health service establishment unless a design approval under this Part is in force ... I agree with Mr Neville Hughes who, when approached as Executive Director of the Private Hospitals Association of Victoria, replied in writing to Health Department Victoria about the proposed amendments to section 115 (2). Mr Hughes states: It is regrettable there does not seem to be sufficient understanding by either the State government or the Health Department Victoria of the evolutive processes in the development of business initiatives. The translation of an idea to alter or extend facilities might well require in the determination of the feasibility/practicability of the proposed changes to enter into agreements of some form in order to ensure that the timetable and price of the work to implement the changes can be met subject to approval under this section of the Act. HEALTH SERVICES (FURTHER AMENDMENI) BILL

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Your proposal to add yet another subsection to section 115 covering "premises proposed" is a manifestation of this lack of understanding. It gives the impression that the spirit of the amendment is to stifle the process by which the originator of an idea can determine whether or not the idea is of value. This is alien to the spirit of the private hospital sector. He is indicating that this is another example of bureaucratic intervention in the health area. Health Department Victoria replied to Mr Hughes and said in part that the proposed amendment to section 115 was consequential upon the proposed amendment to section 76 in that the proposal goes only to the existing premises and the amendment would seek to make it possible for design approval to be granted for an existing premises that is being used as a health service establishment. The Opposition will not oppose the proposed amendments because their intent is to ensure that the private sector is not bogged down with regulations and with bureaucratic requirements that do not give sufficient freedom for private entetprise to develop in the spirit referred to by Mr Hughes. However, it is hoped that the implementation of the proposed amendments will occur in the spirit needed to ensure that private entetprise and private hospitals can meet the pressing needs of the community. Sitting suspended 6.33 p.m. untilS.4 p.m. Hon. M. T. TEHAN-Prior to the suspension of the sitting I was referring to proposed amendments to sections 76 and 115 of the principal Act. These proposed amendments would impact on the Private Hospitals Association of Victoria. The association is also concerned about the proposed amendment to section 102 of the Act, where it is proposed to insert two paragraphs in the following terms: (ca) in the case of a proprietor who is a natural person. has ceased to be a fit and proper person to carry on the establishment; or (cb) in the case of a proprietor who is a body corporate, any director or other officer of the body corporate who exercises or may exercise control over the establishment has ceased to be or is not a fit and proper person to carry on or exercise control over the establishment This matter was obviously overlooked in the principal Act, because section 102 (1) (a) refers to a person who: ... has failed to carry on the establishment in accordance with this Act, the regulations or any conditions of registration; Paragraph (b) refers to a proprietor who is not likely to carry on the establishment in accordance with the Act, regulations or other conditions, and paragraph (c) refers to a proprietor who has been convicted of an offence against the Act or the regulations. The proposed amendment will grant further powers to the Minister for Health because it will mean that the Minister must be satisfied as to the appropriateness of the proprietor. This extra power being granted to the Minister must be exercised in the right spirit. Again, I quote briefly from the letter of Mr Hughes, the Executive Director of the Private Hospitals Association of Victoria, dated 24 May, which states: Our concern is that it should not be a power that is misused. You have indicated to me that the amendment would only be used in the most extreme situation. Presumably, in such circumstances you would discuss the issues with this association before any decision was taken. Your affirmative response on this point would be appreciated. That is not an onerous requirement on the Minister. After all, the association wishes only to maintain the standards of health establishments. I was pleased to see that Health Department Victoria responded in the spirit in which the issue had been raised because it states in its letter of 4 June: HEALTH SERVICES (FURTHER AMENDMENF) BIU

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Thank you for your letter dated 24 May 1990. I reiterate that the powers outlined in the clause amending section 102 of the Health Services Act would only be utilised as a last resort and after other avenues were exhausted. The Opposition, in agreeing to the proposed amendment, hopes that the Minister takes into accoWlt the other requirement of the association which is not answered in the department's response to his letter: that the matters are discussed before any decision is taken. I am sure the Minister, in her reasonable way, will acknowledge that the association's request is not too onerous. Clauses 18 and 20 propose the omission of the words "hostel, nursing home" from sections 117, 119 and other related sections. Sections 117 and 119 give Health Department Victoria power to make regulations and to establish functions in relation to community (residential services) visitors. Section 89 of the Act provides that, in detennining whether to renew or refuse to renew the registration of a health service establishment the chief general manager must consider whether residential establishments have been satisfactory. The reason for deleting the words "hostel, nursing home," is clearl y spelt out in the Minister's second-reading speech where the Minister states that the Commonwealth government, late last year, enacted the Community Services and Health Legislation (Amendment) Act which duplicated some of the provisions in the Health Services Act relating to hostels and nursing homes. The Victorian Minister, through her department, decided quite rightly that it would be foolish and certainly a duplication of services to require that regulations and standards in tenns of community visitors and the contracts between the establishment and patients would not be appropriate. It has withdrawn from that field, and these amendments endorse that position. The next amendment is in clause 21 of the Health Services (Amendment) Bill and it relates to section 139 of the principal Act, which sets out the provisions relating to quality assurance. The purpose of the amendment is to extend those provisions to cover health service establishments or psychiatric services, which will include the psychiatric institutions of this State. I understand an amendment to be moved by the Minister will further extend the quality assurance provisions to medical colleges and professional associations. It seems a natural extension to ensure that the immunity provisions-and immunity is the primary purpose of section 139-should relate to quality assurance groups or committees established by one or more of the registered funded agencies or health service establishments, which will have immunity from disclosing infonnation given to the body or committee in the course of carrying out its functions. Quality assurance committees are subject to Ministerial approval and the Minister must not approve a committee, council or other body unless she is satisfied of a number of matters. The legislation presently relates to general health service establishments or registered funded agencies and the result of the amendments will be to extend these provisions and the immunity granted under them to psychiatric services. Having been assured by the Minister's departmental officer, Or Hamish Russell, that once the quality assurance bodies approved by the Minister have made their findings and have had the advantage of the immunity given by this section, they are open to the nonnal processes of public scrutiny, the Opposition has no difficulty with the clause. I foreshadow that, similarly, the Opposition will not be opposing the amendment the Minister will move, and it would seem appropriate at this stage to make a couple of comments on that amendment because it fits precisely into section 139. The amendment provides for the deletion ofthe words "health service establishments or psychiatric services" and the insertion of "health service establishments, psychiatric services, or professional associations". After HEALTH SERVICES (FURTHER AMENDMENI) BIU

174 COUNCIL 4 SEPTEMBER 1990 the briefing given by Health Department Victoria we sought from the department evidence that the amendment had the support of the various colleges of medicine, and I have before me, thanks to Dr Russell, a letter dated 29 August 1990 from the Royal Australasian College of Surgeons confirming that the college is in full agreement with the amendments set out in the notes. I also have an undated letter from the Royal Australian and New Zealand College of Psychiatrists similarly indicating that it has been involved in negotiations on amendments to section 139 of the Health Services Act with a view to granting statutory immunity to colleges and professional organisations for peer review and quality assurance programs. That college also supports the proposed amendment. The Royal Australasian College of Physicians, in a lener dated 29 August 1990, similarly indicated that it welcomes the widening of section 139, which the college believes will promote the use of quality assurance programs which should, in its opinion, be an integral part of health care in this State. The Royal Australian College of Obstetricians and Gynaecologists wrote in similar vein on 29 August 1990, as did the Royal Australian College of General Practitioners and the Faculty of Anaesthetists. The Opposition has been convinced that the amendment is in the interests of and has the support of the various colleges that will be affected by it. The Bill is primarily a housekeeping Bill that tightens up the drafting of the legislation. Only one other matter requires some comment and it concerns clause 23, which amends section 158 of the Act covering the regulation-making powers. The section spells out numerous regulatory powers, and subsection (1) (cl) is to be amended by the addition of the words "and the standards of care" after the word "hygiene", so that it will read:

The Governor in Council may make regulations for or with respect to prescribing ... (d) requirements for safety, cleanliness and hygiene, and the standards of care to be complied with in health service establishments. Section 158 (1) (g) of the Act will be amended to provide:

The Governor in Council may make regulations for or with respect to prescribing ... (g) requirements for staffing of health service establishments, including but not limited to appointments, numbers, qualifications. rostering and staffing arrangements. They are minor amendments which make more clear the intent of the regulations. Section 158 (1) (k) gives the Governor in Council power to make regulations for or with respect to prescribing requirements for or prohibiting advertising of nursing homes, hostels and supported residential services. That provision will be amended to read: ... requirements for or prohibiting advertising of nursing homes, private hospitals and supported residential services, including prohibiting or regulating the use of the words "nursing home", "hostel", "private hospital" and "supported residential services". I sought the opinion of the Private Hospitals Association of Victoria on including in that subsection relating to nursing homes, hostels and supported residential service~ the words "private hospital" because the intent is that nursing homes and hostels should not be able to advertise themselves as private hospitals. I thought the amendment might have been a diminution of the ordinary powers of private hospitals to advertise. In our discussions within the health committee it was suggested that the use of the words "registered private hospital" would overcome the difficulties. I took up the matte~ with Mr Neville Hughes and at this stage I have not had anything back from him, but I am of the opinion that the hospitals feel they can live within the intent and spirit of the proposed amendment. HEALTH SERVICES (FURTHER AMENDMENI') BILL

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ThC\pther matters contained in the proposed legislation are purely housekeeping matters. I do m~t propose to elaborate on them other than to say that the Opposition supports the pro~ed amendments~ Ho•• ROBERT LAWSON (Higinbotham~1 wish to speak very briefly about the decay of our~spitals. Over the eleven years that I have been. in Parliament and particularly over the pas eight years of the Labor administration, honourable members have witnessed the gradual ut accelerating decay of the Victorian hospital system. The decay of the system is parallel by the rise of the bureaucracy. When I visited a special accommodation house in the province I represent I had several examples of this rise presented to me. While I was visiting the house I was shown a sliding door that\had originally been a swinging door that had swung outwards. The inspector had come alo~g and said, ''That is no good; that door is swinging the wrong way". At some expense the proprietor of the nursing home had the door changed so that it swung inwards. The original inspector resigned or retired or was transfered or whatever and the new inspector walked in. He said, ''That door is swinging the wrong way". She said, "I am sorry; that is the way we were instructed to do it by the previous inspector". Following specific instructions, the proprietor had the door altered again. Now I notice it is a sliding door! I am not sure what happened but that is an example of the sort of thing that goes on. Such occurrences cause enormous problems at great expense for the proprietors of these places. Another complaint that the proprietor had from the inspector was that the corridors in her hospital were too long. That was a puzzle to her as she was not sure how she could shorten the corridors. Apparently she was expected to put up screens to break up the vista down the length of the hospital corridors. The events that took place seemed to me to be extraordinary. As well as the rise in the bureaucracy and the high level of interference with the work of the proprietors, they are told also that they must stimulate the old people more than they do. The hospital that I visited has large print books, a television set, and seats around the common room where the old people can sit. However, it is difficult to stimulate some of the old people. One of the old ladies finds stimulation in talking to the wardrobe because she thinks it is her sister. Social workers, inspectors and others visit hospitals and say that the proprietors have to do one thing or another. Whatever they are told results in a high level of annoyance to the staff and much expense to the proprietors. While all this is going on, Victoria's public hospitals are decaying, as all honourable mem bers know full well. Mrs Tehan asks question after question about waiting lists. Either the Minister for Health does not know what the waiting lists are or what they consist of. Whatever the reason, honourable members hear only bland assurances. Questions about empty wards and vacant beds receive the same low level of response, although the matters raised are of extreme seriousness. While all this is going on, the hospital managers and the proprietors of nursing homes are reduced to being bookkeepers. They must keep statistics for and support the bureaucracy because the hospital regulations give them no choice. They are caught because the alternative to performing the tasks is to face heavy fines and penalties. They are forced to support the bureaucracy and spend most of their time filling in forms. All in all, I have little to say about the Bill, but I express my strong feelings about the quality of the hospital services in this State. There was a time when Victoria's hospital services were the envy of the world. We had the best hospital services in Australia, with a good mix of public and private hospitals. The system is decaying. Honourable members hear the claptrap HEALTH SERVICES (FURTHER AMENDMENT) BILL

176 COUNCIL 4 SEPTEMBER 1990 about social justice but the fact is the people of Victoria and the patients in our hospital~ are far worse off now than they were during the time of the previous Liber.al government Motion agreed to. Read second time. Committed. Committee Clause 1 agreed to. Clause 2 Hon. C. J. HOGG (Minister for Health}-I take this opportunity of thanking members of the Opposition, led by Mrs Tehan, for their cooperation in the passage of the Bill. As Mrs Tehan pointed out, often small amendments need to be made to legislation after it has been in effect for a time. The proposed amendments will improve the original legislation. Again, I thank Mrs Tehan for her contribution and I acknowledge the contribution made by Mr Lawson. Clause agreed to; clauses 3 to 19 agreed to. Clause 20 Hon. C. J. HOGG (Minister for Health}-I move: 1. Clause 20, lines 16 and 17, omit paragraph (a) and insert: '(a) In section 117- (i) in paragraph (a), omit ", hostel, nursing home"; and (ii) in paragraph (b), omit ", hostel, home" (wherever occurring); '. Amendment agreed to; amended clause agreed to. Clause 21 Hon. C. J. HOGG (Minister for Health}-J move: 2. Clause 21, lines 4 and 5, omit "health service establishments or psychiatric services" and insert", health service establishments, psychiatric services or professional associations". 3. Clause 21, lines 7 to 9, omit sub-paragraph (i) and insert- '(i) in paragraph (a), after "by-laws" insert "or constitution"; and (ii) in paragraph (a), for "or health service establishments" substitute ", health service establishments, psychiatric services or professional associations"; and'. 4. Clause 21, line 12, omit "or psychiatric services" and insert ", psychiatric services or professional associations ". 5. Clause 21, line 14, omit "and (2)," and insert 'and (2)- "professional association" means an association, society, college or other body, membership of which consists only of medical practitioners, whether or not of a partiCUlar class or classes. ' . Clause 21 of the Bill amends section 139 of the Health Services Act which, in turn, enables the Minister to approve quality assurance bodies established by registered funded agencies or health service establishments. The effect of approval is to protect the confidentiality of infonnation coming before the approved quality assurance body. CHILDREN AND YOUNG PERSONS (AMENDMENr) BILL

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The main aim of clause 21 is to extend the scope of section 139 to include bodies established by psychiatric seIVices. However, since the Bill was introduced last May, agreement has been reached with the medical profession on the desirability of including under the umbrella of sec.ion 139 quality assurance bodies constituted by professional associations and medical colle~s.

QUalit~·assurance programs are designed to promote improved standards of health care throug a process of peer review. The proposed amendments to clause 21 will enhance this process y enabling programs provided for individual practitioners, as well as those working in an institutional setting, to be recognised for the purposes of the Health SeIVices Act. Hon. M. T. TEHAN (Central Highlands)-As I indicated earlier, the Opposition supports the amendments in that they extend not only to hospital seIVices but also to psychiatric seIVices. The Opposition fully endorses the concept of peer review of standards. The quality assurance programs are supported in both hospitals and the medical field. They have the support also of those medical colleges I listed earlier in the second-reading debate, when I said it had become apparent that the quality assurance programs had the support of the medical colleges. Amendments agreed to; amended clause agreed to; remaining clauses agreed to. Reported to House with amendments. Passed remaining stages.

CHILDREN AND YOUNG PERSONS (AMENDMENT) BILL Committee Resumed from earlier this day; further discussion of clause 4 and Hon. C. J. HOGG's amendment: 1. Clause 4, line 12, omit "Part 3" and insert- "section 93,98 (to the extent that that section applies section 93), 112 (2) or 114 (1). (3) An authorisation under sub-section (2) must be made by instrument and with the agreement of the person to be authorised .... Hon. C. J. HOGG (Minister for Health)-The amendment was the subject of a misunderstanding between the Opposition and the government. The amendment circulated appeared not to accord with the briefing given earlier in the day. However, it was merely a change in drafting style rather than in substance. Hon. G. R. CRAIGE (Central Higblands)-I acknowledge the amendment tabled is slightly different from the one circulated to the Opposition previously. It caused some confusion with some groups in the community, especially a number of non-government organisations that were affected by the amendment. The concern was whether it gave the same protection as the original amendment. Gause 4 relates to the delegation of powers of the director-general and the provisions in that clause caused concern when the Bill was first circulated. In a short time a consensus has been reached about the protection of the non-government agencies that provide an efficient and effective seIVice on behalf of the government. The Opposition is satisfied that those agencies will not be thrown to the wolves and it is on that basis that the Opposition supports the amendment. Amendment agreed to; amended clause agreed to; clauses 5 to 8 agreed to. PATHOWGYSERVICES ACCREDlI'ATION (AMENDMENT) BIU

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Clause 9 Hon. C. J. HOGG (Minister for Health)---I move: 2. Clause 9. page 4. line 4. after "order" insert "or. if a person is authorised under section 7 (2) for the purposes of section 112 (2). that person". The amendment enables an authorised person to appeal against a rejection of a pennanent care application·by the Children's Court or the County Court in those cases where both the agencies and applicants believe it to be the appropriate course of action under section 116 (b). Amendment agreed to; amended clause agreed to; remaining clauses agreed to. New clause Hon. C. J. HOGG (Minister for Health)---I move: 3. Insert the following new clause to follow clause 8: Permanent care orders "AA. In section 112 (4) (c) of the Principal Act, after "Director-General" insert "or. if a person is authorised under section 7 (2). that person". ". The amendment enables the person in charge of an approved community service to receive a copy of an application for a permanent care order from the appropriate Children's Court registrar under section 112 (4). New clause agreed to. Reported to House with amendments. Third reading Hon. C. J. HOGG (Minister for Health)---I move: That this Bill be now read a third time. I thank the Opposition for its support of the Bill and give an assurance that the comments made will be passed on to the Minister for Community Services.

The PRESIDENT-Order! I direct that the bells be rung to enable me to determine whether an absolute majority exists for the passage of the third reading. Required number of members having assembled in Chamber: Motion agreed to by absolute majority. Read third time.

PATHOLOGY SERVICES ACCREDITATION (AMENDMENT) BILL Order of the Day read for resumption. Order discharged on motion of Hon. C. J. HOGG (Minister for Health). Bill withdrawn. BUDGET PAPERS, 1990-91

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BUDGET PAPERS, 1990-91 Hon. D. R. WHITE (Minister for Industry and Economic Planning)--I move: That the Council take note of the Budget Papers, 1990-91. Debate adjourned on motion of Hon. R. M. HALLAM (Western). Debate adjourned until next day.

GOVERNMENT EMPLOYEE HOUSING AUTHORITY (AMENDMENT) BILL Order of the Day read for resumption. Order discharged on motion of Hon. B. W. MIER (Minister for Consumer Affairs). Bill withdrawn.

AGRICUL TURAL INDUSTRY DEVELOPMENT BILL Second reading Debate resumed from 13 April; motion of Hon. E. H. WALKER (then Minister for the Arts). Hon. R. S. de FEGELY (Ballarat)--Before I start explaining the Agricultural Industry Development Bill, I point out that it might well have gone the way of the previous Bills that have just been withdrawn because it was introduced in fairly controversial form. The Minister for Agriculture and Rural Affairs in another place introduced the Bill having not done his homework as well as he might. There is still a great deal of controversy about whether we should pass the Bill which was before the House in the spring sessional period of last year. It was set for debate on the last day of the spring sessional period and, because the House closed down before there was an opportunity to debate the Bill, it is still on the Notice Paper. The Bill has two functions, the first of which is enabling legislation and gives assistance to agricultural industry groups to raise money for market promotion and research and also to provide a way by which grower and processor groups can discuss and· recommend a price prior to harvest for their particular agricultural production. Where the government has really gone wrong on this issue is that it has combined the enabling legislation with the legislation for the wine grape industry. If these items had been separated it might have been far better. However, in discussion with the Minister he was not prepared to separate the two issues and therefore we have the Bill covering both issues. I say from the outset that, although it is not going to oppose the Bill, the Opposition is not particularly happy about provisions in it. Firstly, as I said, it sets up enabling legislation for the purposes mentioned. Secondly, it repeals the Wine Grape Processing Industry Act of 1978. The object of the wine section of the Bill was brought about in response to the Public Bodies Review Committee review of the wine grape industry. Hon. D. M. Evans-Only the majority report. Hon. R. S. de FEGELY-As my colleague Mr Evans interjects, it was only on account of the majority report in the review of the Public Bodies Review Committee, and there was a very strong minority recommendation in opposition to the committee's report. All sections AGRICULTURAL INDUSTRY DEVEWPMENT BIU

180 COUNCIL 4 SEPTEMBER 1990 of the industry have or had considered the Act covering the wine grape industry; namely, the Wine Grape Processing Industry Act 1978. The majority of people in the industry had come to the conclusion that the Act was not working in the best interests of either the growers or the processing industry. One of the concerns of the wine grape growers is that the Bill does not allow for the fixing of prices. While they would agree that the fixing of prices is probably not in the best interests of the industry, in general they would have liked to have seen price-fixing or a determining mechanism for prices along with the recommending mechanism included in the enabling part of the Bill. In the current legislation there is a price-fixing mechanism for mUltipurpose grapes but it does not include the number of grape varieties generally used in winemaking. It applies simply to the gordo, sultana and Merbein seedless grape varieties but not to wine grapes. Because the industry crosses State boundaries there were problems in the past when price-fixing did operate for a while in South Australia. However, because these industries are closely aligned across the borders of South Australia, Victoria and New South Wales, in time that price-fixing arrangement broke down. I am sure all sections of the industry realised that, as such, a price-fixing arrangement could not continue. Therefore, it was decided there was a need for all sections of the industry in the three States to get together, have discussions and come up with a resolution that would be in the best interests of growers and processors alike. The Bill proposes that a negotiating committee be established comprising three grower representatives, three processor representatives and a non-voting chairman appointed from the Department of Agriculture and Rural Affairs. The committee will be able to recommend prices for the various wine grape varieties. It will also be able to fix the terms and conditions of payment for the year but, according to the Bill, those recommendations on prices will be recommendations only and the recommended prices will not be mandatory for the processing industry. That is one of the concerns of growers. They believe the spirit of the Bill was implemented last year through the grape season, but that the processing industry-that is, the wineries that buy the grapes-acted in collusion. That is a term that the growers have used and not one that I would use because I do not have first-hand knowledge of the matter, but the growers believe they had been, to put it plainly, screwed by the industry and prices had been reduced way below the previous year's level. The New South Wales legislation contains a determining factor for pricing. Victorian growers believe that such a provision should be included in the Victorian Bill. A considerable number of meetings have been held across State boundaries between representatives from South Australia, New ,South Wales and Victoria. The last two meetings were arranged by the Minister for Agriculture and Rural Affairs in New South Wales. One was held at Griffith and the other at Mildura. Following those meetings, the New South Wales Minister, Mr Armstrong, issued a press release stating: The principle of tri-State negotiations to detennine indicative prices for irrigated wine grapes was adopted at a recent meeting of grape growers and winemakers convened by the NSW Minister for Agriculture and Rural Affairs, Ian Annstrong. The press release continues to say that following these discussions, it was decided that the committees in each State would meet jointly well before the vintage to arrive at the indicative prices that would be applicable to all three regions, and that the committees would also set terms and conditions for payment. The press release continues: Payment of the indicative prices would not be mandatory under the legislation but would be used as a basis for agreements between individual growers and winemalcers. However, adherence to the tenns and conditions set by the committee for payment of prices negotiated between individual growers and winemakers would, in fact, be mandatory. AGRICULTURAL INDUSTRY DEVEWPMENT BIU

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This certainly indicates that although the New South Wales government has left the door open for discussions on the possibility of price-fixing-and I cannot speak for South Australia-the general opinion is that that would not be in the best interests of the industry. We have received strong representations from Mr Ferry of the wine grape growing industry in the Sunraysia district; we have also received strong representations from the Victorian Fanners Federation expressing the growers· position. and we Certainly respect the views of both those groups. We have also received strong representations from other members of the commodity groups throughout Victoria who wish to have this Bill passed because they see the benefits that will flow from the Bill. These will allow them to seek voluntary levies from their producers and enable them to raise money for research and promotion. This is one aspect of the Bill that is very attractive to other commodity groups throughout the State. The Bill allows commodity groups to call for a poll of growers and request the Minister to make an order to bring them under the umbrella of the Bill. They would then be able to strike a voluntary levy that would be used for research and promotion and to set up a negotiating committee to strike prices relating to their particular processes. In my view commodity groups could do without this Bill. However. my experience offanner organisations over a great many years leads me to believe the majority of them have some difficulty organising themselves. Many of them, because they are busy organising their fanns and running their businesses-tbey are not marketers as such-believe a measure such as this would assist them in organising themselves better to enable them to compete in the marketplace. We have received a considerable number of representations from commodity groups, including the Murray Valley Table Grape Growers Council, the Orchardists and Fruit Cool Stores Association of Victoria, nut growers, and several wine grape growers around the Great Western area near Ararat in the province I represent, that have said they want this enabling Bill. The Opposition has had a difficult time coming to a conclusion on whether or not to support the Bill. The scales have tipped towards supporting the measure. The Opposition does not support the Bill with a great degree of enthusiasm, but it will allow it to pass, or, to put it more accurately, will not oppose it. Another matter that I wish to raise was directed to my attention earlier today in discussions with people from the industry. They are concerned that the infonnation on production that is available is insufficient to enable the growers in particular to make first-class assessments of what the situation may be in any given season. In this instance the growers are probably at a disadvantage when compared with the processors or the industry itself-that is, winemakers who probably have a far better knowledge of volumes of production. Although I do not wish to point the finger,.I suggest that the infonnation from the wine industry is not always readily available. I should like the Minister to make the best possible information available to the negotiating committee when it is fonned so that it can evaluate what the production will be for any given twelve months and therefore be in a much better position to negotiate a price on that production. Nothing in the Bill indicates that this should be done and I imagine it is probably something that has not been thought of anyway. It is a concern of grower members and it is something I ask the Minister to take on board. It is not exclusive to that particular industry. I listened to the Countrywide forum on the wool industry last week that was conducted at the Gordon Institute of Technology. It stressed that the data available to the wool industry is not as accurate as it should be. That situation probably applies right across the agricultural AGRICULTURAL INDUSTRY DEVEWPMENF BILL

182 COUNCIL 4 SEPTEMBER 1990 industry. Being a fanner, I hate to put down an agricultural industry but I think that much of the infonnation provided by fanners does not lead to the most accurate infonnation coming out of the Australian Bureau of Statistics and other data collecting bodies in Australia. It is vital to the industry that the infonnation available to the negotiating committee be as accurate as possible. I ask the Minister to take that on board. The Opposition is not entirely happy with the proposed legislation but it will not oppose it subject to two proposed amendments being acceptable to the industry. Hon. K. I. M. WRIGHT (North Westem)--I congratulate Mr de Fegely on his contribution to the debate. He has covered the Bill in some detail. He mentioned the wine grape growing industry. I propose to deal merely with the wine grape growing industry side of the Bill. It is generally known that the North Western Province that I represent with Mr Best is one of the largest wine producing electorates. It contains the largest winery in the Southern Hemisphere, namely, Lindemans, which was recently acquired by Penfolds. It now has a huge market share in Australia. The Bill is important to my electorate, particularly the provisions relating to the wine grape industry, which is why the National Party held up the passage of the Bill in the last sessional period. Both the Liberal and National parties, when they were operating separately, decided to support the Bill because wine makers and wine growers were recommending its support. Towards the end of the autumn sessional period the growers decided they had made an incorrect decision. They had received more infonnation and asked the opposition parties to delay the passage of the Bill, and that is what they did. Mr de Fegely has dealt with the enabling provisions in the Bill, but I want to speak about the schedule entitled "Wine Grape Industry Development Order." The wine grape pricing legislation refers to variegated wine grape varieties. Most of those are processed by a few wineries, perhaps four major wineries in all, but there are hundreds of other small wineries that operate in various areas that are watered by natural rainfall and are not in the irrigated areas. The main growing districts of those wine grape varieties are the Riverland in South Australia, the Murrumbidgee Irrigation Area of New South Wales and the areas along the River Murray such as the Sunraysia~ Swan Hill and so on. Those districts produce 67 per cent of the Australian wine crop. Some 43 per cent of the Australian wine crop is made up of base wine varieties and muscat and gordo blanco. Most of this material is made into cask wines. It is important to remember that most of those varieties can be used for three purposes: wine making, drying and table grapes. The wine industry can meet increased demand rapidly merely by increasing prices for grapes. When dried fruit prices are low, wineries are offered large tonnages that are usually dried. Conversely, when wine grape prices are low, excessive quantities of fruit are dried. I fear we are entering a vintage year in 1991 which will go into the latter category. Each year approximately 70 000 to 80 000 tonnes are dried, of which two-thirds is exported. When one speaks about wine grape tonnages, one speaks about green weight, which means one multiplies the dried weight by four and a half to five to ascertain what the weight is. Approximately 100 000 tonnes of grapes go to the wineries each year. In looking at pricing in the three main States, it has not been merely a matter of an offer by wineries. Incidentally, I make it clear that the trade practices legislation forbids different wine growing companies from colluding on prices. Since 1978 statutory prices have been set for dual purpose varieties in Victoria. I emphasise that this excludes traditional wine grape varieties and includes sultanas, Merbein seedless and muscat gordo blanco. AGRICULTURAL INDUSTRY DEVEWPMENr BILL

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The wine grape processing industry joint negotiating committee, as well as setting the minimum price, also sets the tenns and conditions of payment. There is no argument about this, either with wineries or wine grape growers. They all agree that there should be some agreement that sets the terms and conditions of payment. New South Wales has complementary legislation. The joint committee meets from November until December to set the prices and so on for the coming vintage. The joint committee comprises six growers, three from Victoria and three from New South Wales, and six processors, three from each State. Ifno agreement is reached by 15 December an arbitrator who is acceptable to each Minister of agriculture in New South Wales and Victoria is appointed to resolve the situation. During the first six years of the operation of the legislation prices were reached by agreement between the parties. During the vintages of 1986 to 1988 an arbitrator was needed. The New South Wales Act was activated each year by gazetting the grape varieties involved. The Victorian Act was self-activating, but only for dual purpose varieties. Some years ago the Public Bodies Review Committee inquired into wine grape pricing. Hon. G. A. Sgro-They did a good job.

Hon. K. I. ~. WRIGHT-Mr Evans, among others, was on that committee. The committee did a good job with its work, but I cannot agree with the decision it reached: it decided to repeal the existing legislation. Members of the National Party on the committee, joined by the honourable member for Bulleen in another place, Mr David Perrin, issued a minority report. The Bill is a result of the decision of the Public Bodies Review Committee; it allows terms and conditions to be fixed and provides that the prices of each wine grape variety will be recommended. The delays in debating the Bill were caused by complex and ineffective pricing arrangements for the 1990 vintage. Two prices were recommended, and I fancy that the lower price was suggested by the winemakers and the higher price was suggested by the grape growers. Sultanas were sold for approximately $220 a tonne, gordo grapes were sold at approximately $220 a tonne and Shiraz grapes were sold at approximately $480 a tonne. Uniformity of wine grape prices is desirable. In South Australia in 1966 the Prices Commissioner fixed the minimum prices for wine grapes grown in the Riverland. Later the Prices Commissioner became more of an arbitrator for the Wine Grape Prices Committee, and the prices it set were a guide for minimum prices in Victoria and New South Wales. That situation applied for a number of years. Some two-thirds of grapes grown by wineries and cooperatives were exempt, and after the 1987 vintage the South Australian government withdrew its involvement in wine grape pricing legislation. Legislation was preserved to fix terms and conditions ofpayment. It is important to appreciate that Victorian and New South Wales grapes cannot readily flow to South Australia because, in its wisdom, South Australia still has a fruit fly road block. Victoria and New South Wales do not have such road blocks and, consequently, there have been a number of outbreaks of fruit fly. The National Party strongly advocates the reintroduction of fruit fly road blocks. There has been a further outbreak of fruit fly in the Swan Hill area only in the past few days which means it will be at least twelve months before fruit can be exported to overseas markets. There has been a breakthrough wi th ci trus products because Victoria will be allowed to export them to California. The United States of America has recognised that the septoria spot disease is the same in Australia as it is in America and therefore there can be free trade between the two countries. AGRICULTURAL INDUSTRY DEVEWPMENT BIU

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South Australia's grapes can and do find their way into Victoria and New South Wales, but Victorian grapes cannot be ,exported to South Australia. A different situation applies in the Murrurnbidgee irrigation area in that the Wine Grapes Marketing Board markets the entire crop on behalf of growers; in other words, the crop is vested in the New South Wales board. In practice, the growers sell their grapes to the wineries of their choice and they seek the assistance of the board when it is required. With the 1990 vintage the board pooled certain varieties for winemaking and subsequent sale and distribution of proceeds to growers. This material is an inhibiting factor in obtaining a good price in subsequent years. To summarise the situation, in South Australia a government officer fixes the prices, in the Murrumbidgee Irrigation Area of New South Wales a statutory board sets the prices, and in Victoria a committee of growers and winemakers sets the prices for dual purpose varieties. Over the years prices were reasonably stable until 1985. Since that time there has been a dramatic fluctuation in prices and wine grape growers have been anxious to obtain a fixed minimum price for each wine grape variety. They have had a fallback negotiating position of recommended minimum prices, as is included in the Bill, for all varieties with a minimum fixed price below which no wine grape variety can be sold. It is true, and Mr de Fegely would agree with me, that there has been extensive lobbying of Parliamentarians both by the wine grape growers and the wineries. During the past week I have received letters from almost every winery in Australia and the wine grape growers have been actively lobbying.. The Victoria and Murray Valley Wine Grape Growers Council has been particularly active, and I mention the president of that organisation, Mr Brian Ferry, who has been an extremely hard worker. He receives a small honorarium from the council, but that in no way compensates him for the work he performs. This year I have attended a number of meetings and conferences to resolve the situation. In January a meeting of 300 growers was held in Mildura and, after lengthy discussions, the meeting unanimously. sought a fixed minimum price for all grape varieties. On the initiative of the New South Wales Minister for Agriculture and Rural Affairs, Mr lan Annstrong-I commend him for this-a conference was held with winemakers, growers, local members ofParliament and senior departmental officers from the three States involved. The meeting was held in the Murrumhidgee Irrigation Area, and I flew to Griffith with three grower representatives. A follow-up meeting was held at Mildura on 17· August and, in addition, I had an official meeting with growers and a further meeting with winemakers. Recently, in an effort to get agreement between all the parties so that the Bill could pass without any problems, a meeting was held with the growers, winemakers, local Parliamentarians and departmental officers and the meeting came close to reaching agreement. In all, I estimate that I have spent 15 to 17 hours attending conferences with representatives of the wine grape industry and I have spent additional hours speaking to individuals. From the outset it was obvious that discussions between wineries and grower organisations were valuable and had not previously been undertaken on that scene. There was widespread support for a three-State committee to determine or recommend wine grape prices. Earlier meetings were reluctant to recommend a fixed minimum price for all varieties, but there was support for such a price to be set below w~ich no wine grape variety could be sold. AGRICULTURAL INDUSTRY DEVEWPMENI BIU

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At the end of the day winemakers were opposed to any fixed minimum price provisions. However, they expressed support for collective negotiations, cooperation between the three States and recommended prices for different varieties of grapes for different purposes. The wineries also expressed support for the Bill. The large meetings at Griffith and Mildura were chaired by Mr Graham Gregory of the New South Wales Department of Agriculture and Fisheries: he did a particularly good job and was just the right man to chair the meetings. At the final Mildura meeting of growers and wineries which I chaired, the growers produced amendments to achieve one minimum base price. However, the wineries expressed opposition to these amendments. Departmental officers expressed doubt that the Victorian Minister for Agriculture and Rural Affairs would accept such a departure, and another problem was that the South Australian growers at that stage did not support the minimum fixed price legislation, although Mr Brian Ferry faxed me a letter he received from the United Farmers and Stock Owners of South Australia dated 4 September 1990. Two paragraphs indicate that its members have had a change of heart: As a result of the discussion at Mildura on 17 August 1990, the section is looking at the proposed Victorian Agricultural Industry Development Bill as a model for similar legislation in South Australia. Whilst, in principle, the concept of recommended prices based on the application of market forces, as provided for in the proposed Victorian legislation, is supported there may be significant benefit if the legislation was to provide for the determination or recommendation of prices. In this regard, there is support for Victorian wine grape growers in seeking to have the proposed Bill modified. Byway of explanation, it is the view of South Australian wine grape growers that prices should not be generally . fixed by legislation and any statutory provision would be seen as a safeguard to be used only in the event that market forces are not able to properly operate. It was suggested at the last meeting in Mildura between wine grape growers and wineries that provision for minimum wine grape pricing could be made in the enabling part of the Bill. This could be done by inserting the words "or fix" after the word "recommend" in line 3 of clause 35. That has been considered by the Bill committee and the shadow Minister and a decision had been taken that the coalition cannot in all the circumstances support the proposal. Wineries were originally receptive to this provision and growers felt that if they could not have their own amendments this one would be better than nothing. Being in the enabling part of the legislation it did not apply immediately but the intention was that if there was a poor vintage in 1991 the Minister would have the power to bring in some type of determination which would improve the situation. In effect, if the provisions in the schedule cannot work -in the 1991 vintages the amendment to the enabling legislation would allow further legislation to be implemented. There was a base price of $180 on the last year I mentioned. In reality, a base price looks at salvage operations and it means surpluses of grapes remain in their own area. That is important, and there have been arguments about that in the past. Stopgap arrangements were put in place this year and a range of prices was proposed for each variety, but there have been strong indications that the provision would not be in place this year in time for the 1991 vintages if the Bill were not passed, but it now appears that it will be. Growers are concerned about the takeover by Penfolds Wines Pty Ltd of Lindemans Wines Pty Ltd. It has been alleged by wine grape growing organisations that it would give Penfolds 64 per cent of the buying power in Victoria. In fact, Mr Warren Ward of Penfolds informs me that the correct figure is 21 per cent, and I have detailed figures from him which tend to prove his proposition. I do not intend to quote them in detail. Winemakers strenuously denied they had delayed or boycotted purchasing fruit to force down prices. I have already mentioned that the Trade Practices Act prevents companies AGRICULTURAL INDUSTRY DEVEWPMENT BIU

186 COUNCIL 4 SEPTEMBER 1990 colluding on pricing. In a letter to me, the Lindemans company went to great pains to point out that the prices it set were set independently of Penfolds and other companies. Specific wine grape varieties have experienced highs and lows in the Sunraysia district in recent years. Cabemet Sauvignon would bring $200 to $800 a tonne, and the price of Chardonnay moved from $300 to $1500 and back to $800 in five years. A large proportion of New South Wales growers are included in the Sunraysia area, and I ask the Minister in charge of the Bill, the Minister for Local Government, to consider what I am saying. She may be able to give me an assurance on behalf of the Sunraysia growers. It is essential and equitable that a New South Wales grower be included as a Victorian Sunraysia representative on the negotiating committee and I seek an assurance from the Minister that tl;lat will be the case. During the past few days I have had discussions with Mr Brian Ferry, the President of the Victorian and Murray Valley Wine Grape Growers. He has been keen all along for one fixed minimum price to be set for all wine grape varieties. He believes that if this does not occur the growers could be exploited by winemakers, and I refer to the Minister's letter of 3 September, copies of which he sent to all honourable members, in which he states: In addition. the Bili repeals the Wine Grape Processing Industry Act 1978 in line with the recommendations of the Public Bodies Review Committee. Provision is made in the Bill for collective negotiations of recommended prices in this industry to provide both producers and processors with an indication of what the market price will be. Following discussions with the opposition parties today, I intend to propose an amendment which will give either House the power to disallow industry development orders if sufficient objections are raised in a given industry. That applies to the wine grape growing industry, and I take it from the amendment that if there are serious problems they can be rectified.

I turn to the matter of the prospects for the 1991 vintages. It is apparent that winem~ers will purchase less grapes. There is a continuing carryover of stock, there is a downturn in the market, particularly in the bulk end of the market, and there is a generally depressed econom y. The high interest rates policy of the Federal government is hurting the community so badly that it is certainly hitting the wine grape industry and winemakers. The wineries in those circumstances will give preference to wine grape varieties because the sultana grapes, which are the main variety, can be dried, they can go to the wineries and, in some circumstances, they can be used as table grapes. They would be the last the wineries could take in a situation of oversupply. I have only just received word that the Penfolds winery in Loxton is to close down. That is a serious matter. If there is a bright side to it they will probably be strengthening their operations in the Sunraysia area in the Lindemans winery at Karadoc. Winemakers who have written to me over the past few days include Max McWilliams of McWilliams Wines Pty Ltd of Robinvale; Buronga Hill, which is just over the river from Mildura-themanager is Rod McLeod; Sam Virgara of B. Seppelt and Sons Ltd, Brian Falkenberg of Lindemans, and Warren Ward of Penfolds. All these people have supported the various conferences and meetings I have mentioned. To summarise the situation, I find that there is no real evidence of market domination at this stage. The winemakers claim they have never withheld grape purchases, and there is no evidence of that. There is no evidence of collusion or price fixing. The Commonwealth Trade Practices Act covers that. The winemakers contend price control of mUltipurpose grapes has failed to assist the situation in previous years. Extending price fixing to specific purpose grapes would AGRICULTURAL INDUSTRY DEVEWPMENT BIU

4 SEPTEMBER 1990 COUNCIL 187 potentially put whole regions in jeopardy, that is, the danger of movement of big tonnages from the Murrumbidgee Irrigation Area-MIA-to Sunraysia or movement of grapes from South Australia into Sunraysia or the MIA. The wineries feel it is imperative that they should be able to respond quickly to changes in national markets. They would not be able to do that if there were a fixed minimum price. How would a fixed minimum price be enforced? If somebody were to go to gaol who would it be--the foreman, the manager or the accountant? One could fme the corporation but I do not know if anybody would be sent to gaol. Today one reads of rapists and burglars who are rapped on the knuckles and told not to be naughty boys and who receive suspended sentences. It is a difficult proposition to have a penal clause in legislation of this nature and to enforce it. I raise the question of sect.ion 92 of the Commonwealth Constitution and how that would operate in a situation like this. This House could hardly legislate to contravene section 92. The South Australian government and the South Australian wine grape growers are opposed to price fixing; we have been infonned in no uncertain way that the South Australian government will not be involved in price fixing and price recommending. Wine grape growers originally urged us to support the Bill; then they changed their minds and asked us to amend or delay it. In the last sessional period the last course was taken. We have reached the stage now where honourable members must take some cooperative action and proceed with the Bill. Discussions took place last night and this morning and the shadow Cabinet decided to support the Bill. The government has prepared some amendments which have been discussed with the Opposition parties. I thank the wine grape growers and the winemakers for their assistance in the discussions and the Victorian Farmers Federation for their interest and support. As well as being interested in this industry they have a vested interest and hopefully they will be able to encourage the wine grape growers to join in with their organisation. That is fair and reasonable enough. I also extend a vote of thanks to the senior officers of the Department of Agriculture and Rural Affairs; Mr John Blackstock, Mr Jim Taylor and Mr Malcolm Campbell were among those who were very helpful to us in discussions. At some inconvenience to themselves they have attended various meetings. I have spoken more briefly than I intended, but this is an important subject and a matter of great importance to the people I represent. I hope that, in this very difficult situation with arguments for and against the proposed legislation, when honourable members pass the Bill with the amendments it will be of benefit to all sections of the industry. Hon. R. S. IVES (Eumemmerring}--The Bill represents the end of a long sustained slog. I agree with Mr de Fegely and Mr Wright that in the long run and on balance this Bill will provide a situation which most of the major players in the area will find satisfactory. The Bill will enable smaller participating industry groups over a defined area to administer fees collected from groups in the most democratic fashion to assist in market promotion and research. Agricultural industries have expressed satisfaction with this aspect of the Bill. These include the stone fruit, berry, apple, nut, table grape, vegetable, beer oats, oats, cereal and rye industries. There is no dissent in this House that this represents a worthwhile development for our agricultural industries. The Bill also repeals the Wine Grape Processing Industry Act 1978 in line with the recommendations of the Public Bodies Review Committee. That Act provided for the fixing of prices for mUltipurpose grapes in the Mildura and Swan Hill areas. The new Bill replaces the price-fixing system with a negotiated indicative pricing system, which is not binding on AGRICULTURAL INDUSTRY DEVEWPMENl' BIU

188 COUNCIL 4 SEPTEMBER 1990 growers or processors. Extensive discussions have been held with affected winemakers and grape growers, both in Victoria and in adjoining States, to develop an alternative to price fixing, an approach that will provide valid infonnation on pricing levels resulting in recommended prices. I agree with Mr de Fegely that the present situation in the wine grape market is complex and difficult to discern. When faced with, these competing and changing forces for individual growers it is very difficult to arrive at what might be a reasonable price for their grapes. Some factors that have been mentioned include wildly fluctuating prices in the varietal wine grapes. Mr Wright mentioned that the price of Cabernet Sauvignon grapes increased from $240 a tonne in 1985 to $900 a tonne in 1989, and fell to $600 a tonne in 1990. A more spectacular increase is noted for Chardonnay. At the same time mUltipurpose varieties have had nowhere near this sort of fluctuation and have been greatly in the doldrums for some years. Statistics indicate that there has been an increase in the supply of grapes. At the same time the Australian Bureau of Statistics figures indicates a decrease in demand and a contraction in the export market. There has been greater concentration amongst winemakers, as has been mentioned, with the takeover of Lindemans Wines Pty Ltd by Penfolds Wines Pty Ltd. Against that, there are 150 wineries sourcing materials in Victoria. Alongside that is the fact that the Victorian Dried Fruits Board has had ten good years. With this sort of fluctuation, change and variation a need exists for a mechanism to be found that will allow an individual producer to make some intelligent, reasonable estimate of what he can expect from his crop. The government chose not to continue with price fixing. On balance we were not satisfied with the result of the South Australian experience. Price fixing is no longer supported by the South Australian government and the South Australian wine producers. There was grave dissention about the applicability of a fixed minimum price which could tend to depress the market rather than provide a safety net. We have come up with a system that is recommended in this Bill. We have worked closely with the industry in developing it. On balance, over time it will give growers a reasonable estimate of the price they can expect, based on the best market intelligence. As mentioned by Opposition speakers, there must be better and, we hope, in future years, more sophisticated statistics which will assist in obtaining this infonnation. The Bill is a new, brave and innovative step and I commend it to the House. The PRESIDENT-Order! Gause 12 of the Bill limits the periods and circumstances in which orders under the Act may be reviewed by the Supreme Court and also limits the circumstance in which the Supreme Court may hold orders to be invalid. It is arguable that these provisions diminish the jurisdiction of the Supreme Court and that, therefore, they require an absolute majority pursuant to section 18 of the Constitution Act. I do not rule as to whether it does so require but I believe it would be prudent to seek an absolute majority passage of the Bill. I am reinforced in this conclusion by the fact that an absolute majority was sought and obtained in the other place. Therefore, I direct that the bells be rung to enable the Chair to detennine whether an absolute majority exists. Required number of members having assembled in Chamber: Motion agreed to by absolute majority. Read second time. Ordered to be committed next day. ADJOURNMENT

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ADJOURNMENT A. F. Gason Pty Ltd, Ararat-Newsprint de-inking plant for Victoria-School investments in Farrow group-Oberon High School, Geelong-Proposed hospital at Whittlesea-Teachers at Malmsbury Youth Training Centre-Ambulance services in Cranbourne-Relocation of Aircraft Systems Division to Launceston-Tyner Road-Burwood Highway intersection, Knoxtield-Theft of bicycle at Shepparton North Secondary College-Kingston Centre, Cheltenham Hon. D. R. WHITE (Minister for Industry and Economic Planning)-I move: That the Council, at its rising, adjourn until tomorrow at 10.30 a.m. Motion agreed to. Hon. D. R. WHITE (Minister for Industry and Economic Planning)-I move: That the House do now adjourn. Hon. R. S. de FEGELY (Ballarat)-I raise for the attention of the Minister for Industry and Economic Planning a matter brought to my attention by A. F. Gason Pty Ltd, a manufacturing finn in Ararat. This is a disturbing matter and I shall quote from a letter of27 August 1990 from the company tome:

In March this year our company quoted for rope boxes to a metropolitan truck manufa~turer. We found that our quote was unsuccessful because they were obtaining rope boxes from a group that we understood was funded by the Federal government to train young people. Following the finn's lack of success in that tender, it approached me. At that stage the company had written to the Prime Minister of Australia because it understood the Federal government was involved. The finn told the Prime Minister that it had endeavoured to quote on boxes for a trucking finn and, in a letter of 2 April, said: We are producing rope boxes for a number of truck trailer manufacturers. They gave us the opportunity to quote and then came back and said that our quote was twice that of which they were paying. After responses from the Prime Minister through the Federal Minister for Higher Education and Employment Services, the Honourable Peter Baldwin, and the Federal member for Wannon, Mr David Hawker, it turned out that the Federal government did not have anything to do with the funding of this operation-it was funded jointly by the MeIton City Council and the Victorian State government. Apparently the group was supplying these rope boxes to truck manufacturers in Victoria at cost. f' A. F. Gason Pty Ltd is concerned about this matter. Although the company believes it is important to train young people in the community to gain employment, it is ridiculous to train them in a manner which competes directly with employers who have already established training programs through the apprenticeship system. This company employs thirteen apprentices. I am sure all honourable members agree that Australian companies today are paying significant amounts in overheads to keep themselves operating. Companies are being asked by governments to pay high levels of payroll tax. This company is trying to compete with the removal of tariffs on agricultural machinery. It is paying a high rate for WorkCare. The finn paid more than $2 million in salaries to its employees last year but because it had a $1700 WorkCare claim its rates were drastically increased. The company now has to compete in the world of industry with programs such as this one where goods are produced at cost in order to train young people. ADJOURNMENI

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I suggest to the Minister that his government's policies are savagely impeding many companies trying to have a go, who are battling to stay in business, and that he should exam irie this grossly unfair activity and take some action. Hon. B. A. E. SKEGGS (Templestowe}-I raise a matter for the attention of the Minister for Industry and Economic Planning and ask him to use his offices to encourage the government to have established in Victoria a de-inking newsprint plant. Honourable members are conscious of the concern of Victorians to do something positive about the environment. Many Victorians are concerned that measures be taken to stop the overuse or destruction of our forests and Iand fill usage and need to reduce th~ greenhouse effect. A de-inking plant would be extremely good for the regeneration and reinstatement of a significant volume of newsprint which is now being destroyed and which could be used by the printing industry. It is essential to ensure that the establishment of such a plant would not lead to the lowering of environmental standards. Provided the plant could be established on those grounds I believe it is an important initiative worthy of the government's consideration. The Shire of Eltham has asked me to bring the proposal to the attention of the Minister. It has been at the forefront of waste management practices and is mindful of the need for waste minimisation. The shire has encouraged the idea of a de-inking plant as an important environmental initiative. I commend the proposal to the Minister as a measure worthy of his attention. Hon. R. M. HALLAM (Western}-The details of the matter I direct to the attention of the Minister for Education are contained in a letter written to me by the Secretary of the Gray Street Primary School Council, with which I have had a long and happy association. I suspect the problem referred to is common to a number of schools, particularly schools in western Victoria. Gray Street Primary School invested part of its government grant with the Pyramid Building Society and is now faced with the embarrassment of being unable to retrieve its funds as it needs them. Pyramid was granted trustee status by the government in 1983, and on at least one occasion of which I am aware the Ministry wrote to school councils authorising the involvement with Pyramid, among other financial institutions. Given the granting of that specific authority and given the fact that the operations of Pyramid have since been suspended with no real indication of when the money will be retrieved, despite a government guarantee, I ask the Minister to address the embarrassment with which the school is faced, and I ask him whether his Ministry has considered taking over the loans and compensating the school directly-both for the capital it has tied up and the interest that has been forgone. Hon. R. A. MACKENZIE (Geelong}-I direct to the attention of the Minister for Education the announcement that, because ofthe problems caused in Geelong by the collapse of the Pyramid Building Society, the government intends to fast-track certain capital works projects to ensure the maintenance of employment in the building and other associated industries. On behalf ofthe Oberon High School I shall put an argument for the provision of an assembly hall-cum-gymnasium at the school. Oberon High School was constructed in 1963 and was put on the assembly hall priority list in 1967. It embarked on a fundraising program that went on for ten years until 1977, when the program was abandoned. In 1979 the Ministry of Education announced that it was starting an ecacentre program in which the Oberon High School became involved through fundraising activities. It also received support from the ADJOURNMENI

4 SEPTEMBER 1990 COUNCIL 191 local council and from a range of sporting organisations. I point out to the Minister that the high school shares a campus with the Oberon South Primary School and that it is prepared to share the facilities for which I argue. Throughout the past year constant representations have been made to both the Minister and the department; something like 80 to 100 letters have been written in 1990 alone. After twenty years the school and its community are becoming disillusioned, because Oberon High School would have to be the only high school in Geelong that does not have a gymnasium or an assembly hall. Over the years the school, which is a popular school, has built up a fine scholastic reputation. The school has been disadvantaged through no fault of its own, and this is an ideal opportunity for the government to fulfil one of its promises through the capital works program and to remedy the disillusionment and falling morale of parents and school staff. The school should be given top priority in any capital works program that the government intends to fast track in Geelong, a proposal mentioned in several announcements made during the past week. I urge the Minister for Education to recognise Oberon High School's strong case for the buildin~ of the facility. Hon. G. R. CRAIGE (Central Higblands}-I direct to the attention of the Minister for Health the fact that on 29 August last, in answer to a request of mine concerning the proposed Whittlesea hospital, she stated that the land for the hospital would be purchased in this financial year. There is some confusion felt by people involved in the matter. The only statement in the Budget referring to any hospital in the area and the consequent allocation of funds for the purchasing of land concerns Mill Park. If the outer northern community hospital or the Whittlesea hospital is now to be located in the Mill Park area, it would be in everyone's interests to have clearly established where exactly we are talking about. Hon. D. R. White-Out that way! Hon. G. R. CRAIGE--The Minister for Industry and Economic Planning says, ''That way", and we have all assumed that it is that way! That is why there is some confusion: we do not know which way that way is! It would be in the interests of all, including the Minister, if she were to state exactly what arer we are talking about. Hon. D. R. White-That way! Hon. G. R. CRAIGE-Although it is "that way", and there is a mention ofit in the Budget speech, there is no reference to it anywhere else in the Budget Papers. I am deeply concerned that it is mentioned only once-and that the sum of $2 million is also mentioned. I ask the Minister for Health to advise the House of the exact location of the land to be purchased for either the outer northern community hospital, the Whittlesea hospital, the hospital in South Morang or the hospital in the Mill Park area. Hon. R. A. BEST (North Western)-The matter I direct to the attention of the Minister for Education concerns a blatant waste of the resources and the money of the Ministry of Education. The Ministry sets a ratio for the number of teachers to students in special education centres, and at present that ratio is five students to one teacher. The Malmsbury Youth Training Centre is classified as a special education centre. At present it is staffed by seven teachers and one head teacher-principal who is able to work 12 to 13 hours per week. That number of teachers means that the school should be attended by 40 students. This week, seventeen full-time and five part -time students attended classes. That is the best attendance figure for many months. ADJOURNMENI

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For the week commencing 5 March 1990 only ten full-time and four part-time students attended classes. That was not the worst scenario. For the week beginning 12 March 1990 only six full-time and two part-time students were in attendance. With a staff of eight the student/teacher ratio was one to one. For the week beginning 23 July when the mid-year census was taken there were twenty full-time students and three part-time students. According to infonnation that has been provided to me the average number of students attending classes between the beginning of March and the end of April was fourteen. A government inquiry should be undertaken into the staffing rorts at Malmsbury Youth Training Centre. Obviously numbers have been propped up to assure staff of cushy jobs. Malmsbury must have one of the most generous stud~nt-teacher ratios in Victoria. I am concerned because the Minister today expressed the view that his Ministry must be frugal, . but here there is a situation of class numbers being fraudulently raised at Malmsbury so that teachers are provided with easy jobs. Hon. D. R. White-It might be just a mistake! Hon. R. A. BEST-I am concerned because resources are being wasted and the Ministry is not prepared to act. I am concerned also that support groups associated with the Ministry are missing out on the allocation of funds because the Ministry is not policing staff allocation which results in rorts where teachers are prepared to accept cushy jobs. It would not be so bad if the number of teaching positions was decreasing at Malmsbury, but in February this year another teacher was appointed. Hon. D. R. White-That was to count the others! Hon. R. A. BEST-That is probably right because obviously someone is rorting at the taxpayers-' expense. It is distasteful to see such a blatant waste of money with figures of persons who are attending these classes being rigged. I urge the Minister to investigate a way of addressing the problem of the student numbers at Malmsbury and to review staffing numbers allocated to classes. Hon. K. M. SMITH (South Eastern)-I direct to the attention of the Minister for Health the provision of ambulances in the Cranbourne area. I have raised the matter before; it is one of great urgency and that is why I raise it tonight. The Shire of Cranbourne is proven to be the most rapidly growing shire within Victoria. A group of people set out to raise money to provide a proper ambulance service for the Cranbourne area when it was stated in the Budget two years ago that an ambulance station would be built at Cranbourne and another would be built at Epping. That Budget specifically referred to a station being built in Cranboume and, as a result, the committee worked its butt off to get enough money to ensure that the station could go ahead. As a result of the committee's hard work it has a large amount of money sitting waiting for building to begin. In the Budget last year the Cranbourne ambulance station was mentioned again and the Minister and her department congratulated themselves for building beautiful ambulance stations at Cranboume and Epping, but they have contributed nothing to the area! The committee has worked extremely hard over a long period to ensure that a station would be built and it would be properly manned. A half-baked service is operating with experienced people who work from 9.00 a.m. to 5.00 p.m. trying to provide a service for this rapidly growing shire. The government has done nothing towards the building of the stations, yet the Budget contained a promise to these people that the stations were to be built. Not a sausage has been provided-nothing! ADJOURNMENf

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I ask the Minister to give a commitment to the House and to the people of Cranbourne, who are desperately crying out for a proper ambulance station, of a date when the money will be made available. The people of Cranbourne are sick and tired of waiting. Hon. HADDON STOREY (East Yarra}-I direct to the attention of the Minister for Industry and Economic Planning the proposed relocation of the Aircraft Systems Division of the Aeronautical Research Laboratory to Launceston. It is a significant proposal which could lead to the loss to Victoria of an important establishment. The Aircraft Systems Division consists of 60 highly qualified staff who are world class. They provide an important element in the development of Victoria's industry. It is proposed to relocate the division to the Transport Research Centre at Launceston on the foundation of the existing civil air training facilities. The majority of work of the division is closely related to the problems of the armed services. Its location in proximity to the aircraft production facilities in Melbourne is important. To remove it from the State would seriously weaken the laboratory's world standing and its contribution to Victorian industry. I am sure the Minister is well aware of the situation because I understand he is to attend a meeting tomorrow when the matter will be discussed. Hon. D. R. White-In this building. Hon. HADDON STOREY-Yes, I understand the meeting is to be held in this building. I remind the Minister that the staff of the division approximately one week ago passed a resolution which states: This meeting of staff of Aircraft Systems Division. ARL. Melbourne is opposed to any move of our workplace from Melbourne to Tasmania. We believe that such a move would be detrimental to work efficiency and would cause severe disruption to family and personal life. I can understand that such a move would seriously disrupt family and personal life. Moreover it could lead to the loss of an important part of Victoria's infrastructure. I ask the Minister to give an assurance that he will fight to keep the division in Victoria on the basis of the best interests of all Victorians and of all Australians that it be kept in this State. I ask that he, tomorrow at the meeting, put a strong case for Victoria and that he will report back to the House on the result of that meeting. Hon. G. B. ASHMAN (Boronia)-I direct to the attention of the Minister for Education representing the Minister for Transport in the other place a section of road on the eastern side of Tyner Road; it is an extension of High Street Road, Knoxfield. That section of road is about 200 to 300 yards in length and has been completed for about three or four years. I understand that originally it was intended that the road should terminate at Burwood Highway adjacent to the Lewis Road intersection. For at least three years a barrier has been erected across that section of road because the final 50 to 100 yards, between the High Street Road extension and Burwood Highway, has not been constructed. Originally that road was to be a bypass from the Tyner Road and Burwood Highway intersection, opposite the Knox District Centre. It was meant to be a diversion from that intersection. As a result of development along High Street Road and because of the completion of the Knox District Centre, a quite dramatic increase in traffic flow has occurred in the area. Tyner Road is basically a residential street but is now being used as a feeder road from the Stud Road-High Street Road intersection to Burwood Highway. It is being used as a means of bypassing the Stud Road-Burwood Highway intersection. I am unaware of the number of vehicles that use the road but at least 10 to 15 vehicles travel through the intersection from Tyner Road at each cycle of traffic light signals. Spring Session 1990-7 ADJOURNMENI

194 COUNCIL 4 SEPTEMBER 1990

The intersection has no right-hand turn arrow for traffic from the Tyner Road-Burwood Highway intersection and, consequently, a tow truck is pennanently stationed there. The operator of that truck tells me he is guaranteed of at least two or three jobs a day because of that intersection. Hon. Robert Lawson-Is that private enterprise? Hon. G. B. ASH MAN-He is an enterprising tow truck operator but it is expensive for the poor motorists who come to grief at that corner. Two problems exist there: the first is the increase in traffic flow generally through that area That can be resolved, as I have obseJVed it, in the short tenn by a right-hand turn arrow for traffic at the Tyner Road-Burwood Highway-Knox District Centre intersection and in the longer tenn by the section of road that is actually an extension of High Street Road to Burwood Highway being completed. However, the second solution may not be simple as there is a doubt about who owns the land between the end of the High Street Road extension and Burwood Highway; it may not be in the hands of the Roads Corporation. If that is the case there should be an explanation as to why that section of road has been constructed because it goes nowhere and seJVices no-one. I ask the Minister to investigate the matter, and ascertain firstly whether it is possible in the immediate future to install a right-hand turn traffic arrow at the Burwood Road-Tyner Road intersection, and secondly if some investigation can be made as to why the High Street Road extension has not been completed, and linked to Burwood Highway. Hon. D. M. EV ANS (North Eastern)-I direct to the attention of the Minister for Education the case of a school student at Shepparton North secondary college who is a member of that school council. The student rode his bicycle to a school council meeting and parked it in the corridor outside the meeting room. When he returned after the meeting had concluded, he discovered the bike had been stolen. He made some attempts, backed by the secretary of the school council, to have restitution made from the insurance fund that normally takes care of property belonging to an individual, and which may be damaged on such an occasion as a school council meeting, but he was unsuccessful. It is important to encourage people to give their time and to put their resources at the disposal of a school. Will the Minister examine the case? About ten or fourteen days ago I wrote to the Minister requesting that reasonable restitution be made to the student. Hon. ROBERT LA WSON (Higinbotham)-I raise a matter for the Minister for Health which concerns staffing ratios at the Kingston Centre, Cheltenham, a special accommodation centre. I have been contacted by nurses at the centre who have said that the centre is understaffed. Two nurses are on duty in each of the 39-bed wards during the morning shifts--one nurse for 19 patients; two nurses are on duty in the 28-bed wards--one nurse for 14 patients. However, the position deteriorates in the afternoon and evening because only one nurse is allocated to each ward. The correct and accepted ratio is one nurse for 10 patients for the morning shift, and one nurse for 15 patients in each of the afternoon and evening shifts. No nurse is in attendance during mealbreaks on the afternoon and evening shifts. The Kingston Centre receives a large number of acute cases from hospitals where a turnover has to be maintained to reduce waiting lists. The patients at the centre are moved through as quickly as possible. Respite care patients are admitted directly from their homes, and often are in acute conditions. Also, nurses have difficulty supeJVising trainee nurses. The ratio of nurses to patients at Kingston is causing extreme difficulty. ADJOURNMEWf

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I ask the Minister to investigate the matter to ascertain whether it is possible to reduce the r~tio between the number of registered nurses and the patients for whom they need to care. Hon. D. R. WHITE (Minister for Industry and Economic Planning}--Mrde Fegely raised the matter of A. F. Gason Pty Ltd, and his concern that an employment program conducted by the Melton City Council and the State government was competing unfairly with Gason for the supply of rope boxes. I shall have that matter investigated and provide a reply. Mr Skeggs referred to a de-inking program in the Shire of Eltham. He.spoke about establishing such a plant in Victoria. The State government strongly supports the case for a de-inking plant. It is aware of the circumstances that occurred about the oversupply of waste newspapers in Victoria, and the problems that have occurred with the Salvation Anny trying to dispose of surplus waste newspapers. I remind the honourable member that Australian Newsprint Mills Ltd earlier this year announced that it would establish a de-inking plant in Albury and that matter has the support of both the New South Wales and Victorian governments. I also remind him that at least one major industrialist in Melbourne is contemplating establishing a de-inking plant. The government looks forward to that decision being made in the near future and also being made public. . Mr Storey referred to the Aeronautical Research Laboratories. As I indicated by way cif interjection, I look forward to appearing before the Federal Parliamentary Public Works Committee at 1.30 p.m. tomorrow to indicate bipartisan support for the retention of the laboratories in Victoria and the fact that they should not be transferred to Tasmania. I note with interest the enthusiasm with which both Labor Party and Liberal Party members from Tasmania have been putting the case for the laboratories to be transfered to that State. In view of the importance of that issue, as Mr Storey correctly identifies, I look forward to making strong representations on behalf of Victoria at that Federal inquiry. Hon. C. J. HOGG (Minister for Health}--Mr Craige raised the issue of the northern hospital, to use a neutral tenn. I replied to his original inquiry and he will find the reply faxed through to his office tomorrow morning. The hospital appears to be known by different local names. Allocations have been made for the purchase of the land and the next step is the description of the site being purchased with an exact location and map references. I shall do that as quickly as possible. I listened carefully to Mr Smith's comments about the Cranbourne ambulance service. I found an ambulance fax sheet in my briefing notes and I am assured that it is planned to upgrade both Cranboume and Melton to two-officer crew level, which might take account of Mr Smith's comments about the half-baked level of services in that region. I shall reply to the several matters raised about the ambulance service quickly and in detail. Mr Lawson raised the issue of the staffing ratios at the Kingston Centre. He -presented statistics on that issue and I shall pay attention to that matter and correspond with him on it. Hon. B. T. PULLEN (Minister for Education)-Mr Hallam raised the issue of school councils that had invested funds in the Farrow group of building societies. It is a serious issue. Mr Hallam referred to the case of the Gray Street Primary School which had apparently invested some of its funds in that society. The Ministry of Education has advised all schools that had funds invested in that group of building societies of their obligations and legal rights and has provided them with assistance to cover cash flow problems that they may have. It has also advised the schools that they can access the 25 per cent return on their deposits that the government has guaranteed, and sixteen schools have been assisted in that regard. ADJOURNMENT

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It is not easy for the Ministry to make up the balance of deposits, partly because of the difficult budgetary circumstances but also because funds used to assist schools that have lost money by depositing with these building societies may be funds that are required for more needy schools. It does not follow that the schools that have this problem are necessarily the most deserving. Hon. R. M. Hallam-Their concern is that they got into this position by following the Ministry's advice. Hon. B. T. PULLEN-Mr Hallam is aware that schools were advised of a number of financial institutions which were authorised, and many schools chose to invest their funds in banks or other financial institutions. A higher risk is always involved when funds are deposited in institutions that give a higher rate of return. Honourable members know that the higher the interest rate, the greater the risk. Hon. R. M. Hallam-The Ministry authorised them to take account of the interest rate. Hon. B. T. PULLEN-Schools could have invested in a range of financial institutions. Some schools made the choice to invest in the Farrow group but a clear majority chose not to do so. If particular schools believe they have a special case there is a mechanism for them to submit their case. Those schools will be treated on their merits, but particular attention is being given to this issue. Mr Mackenzie raised the issue of fast-tracking some capital works in the Geelong area. This issue has been raised with me several times by Mr Henshaw. The general priority of the Oberon High School assembly hall on a Statewide basis is not that high, according to the relative weighting the Ministry has given it. Hon. R. A. Mackenzie-It has been there since 1967. Hon. B. T. PULLEN-Many schools have special needs. The criterion used to weight those needs on a Statewide basis indicates that the project has not reached the top priority or even a very high priority. However, in view of the situation in Geelong I am prepared to investigate the general position of the assembly hall. It is not necessarily appropriate, given that situation, to alter a priority which would mean that another school with a higher priority and weighting would be denied its project. I will examine the issue in that context. Mr Best raised the issue of wasted resources at the Malmsbury Special School and presented some figures to support that. He indicated that fraudulent activity had occurred, which, if it is the case, is of great concern to me. I will investigate that issue with some vigour and provide an appropriate response when I have examined all the facts. Mr Ashman raised a transport matter relating to TynerRoad near the extension of High Street Road, Knoxfield. He is concerned about the uncompleted section of that roadway and the need for a right hand turn. He also raised the issue of ownership of land and why the delay has occurred. I undertake to have that matter brought to the attention of the Minister for Transport. Mr Evans referred to a student whose bicycle was stolen while he was attending a school council meeting. That is an unfortunate incident and I shall investigate what method of restitution can be made. Mr Evans indicated that the issue has been examined at the local level and I shall see what action has been taken by the Ministry. Motion agreed to. House adjourned 10.30 p.m. QUESfIONS ON NOTICE

4 SEPTEMBER 1990 COUNCIL 197

QUESTIONS ON NOTICE

VICTORIAN MEDICAL CONSORTIUM LTD (Question No. 385) Hon. G. P. CONNARD (Higinbotham) asked the Minister for Industry and Economic Planning, for the Treasurer: With regard to Victorian Medical Consortium Ltd.: (a) Who are the directors and on what terms are they appointed? (b) Do they receive directors' fees; ifso, how much per annum? (c) From where does the consortium derive its capital? (d) Has the consortium declared any dividends; ifso, to whom and in what amounts? (e) What are the primary aspirations of the consortium? Hon. D. R. WHITE (Minister for Industry and Economic Planning)-Tl)e answer supplied by the Treasurer is: (a) The directors of the company are Messrs Gledhill, Moorfield and Danks, who are appointed pursuant to the terms of the company's articles. (b) The company does not pay directors' fees. (c) VCM has paid up capital of$2-two $1 shares. (d) No. (e) To act as trustee of the Institute of Biotechnology and in that capacity to hold shares in AMRAD Corporation Ltd, in trust for the principal medical research institutes in Victoria.

FISHERIES (SHARK FISHERY) BIU

5 SEPTEMBER 1990 COUNCIL 199

Wednesday,S September 1990

The PRESIDENT (Hon. AJ. Hunt) took the chair at 10.33 a.m. and read the prayer.

FISHERIES (SHARK FISHERY) BILL Introduction and first reading Received from Assembly. Read first time on motion of Hon. B. T. PULLEN (Minister for Education).

QUESTIONS WITHOUT NOTICE

MINISTERIAL RESPONSmILITY Hon. M. A. BIRRELL (East Yarra}-I direct a question to the Minister for Industry and Economic Planning in his capacity as Leader of the Government, and refer to the Ministerial arrangements list announced by former Premier Cain on 12 April 1989 in which the Minister was described as the Minister Assisting the Treasurer. I refer also to the Ministerial arrangements list aMounced by the Premier on 24 August 1990 in which that description does not exist. Has the current Premier removed those responsibilities from the Minister? Hon. D. R. WHITE (Minister for Industry and Economic Planning}-The arrangements are that the position of Minister Assisting the Treasurer was deleted on my assuming the position of Minister for Industry and Economic Planning. I shall continue to be responsible for assisting the Treasurer in relation to both capital works and issues relating to micro-economic refonn, as I have been, and the Minister for Housing and Construction, Mr Tony Sheehan, will be responsible for assisting the Treasurer on the Expenditure Review Committee. I look forward to continuing to work with the Treasurer as I have been doing in the formation of the Budget in the areas that I have mentioned and as I have been doing consistently both with the former Treasurer and the current Treasurer. I am very pleased that I was able to assist the Treasurer in the fonnation of what is both an excellent and a credible Budget.

SCHOOL MAINTENANCE Hon. R. M. HALLAM (Western}-The question that I direct to the Minister for Education concerns the vexed question of maintenance of our schools. I shall cite the case of the George Street Primary School in Hamilton, which for some years has been badgering the Ministry of Education to undertake urgently needed maintenance works to its school buildings and which was advised last]anuary to expect that work to be undertaken in the 1990--91 program. The school has now been advised that there are no funds to undertake the work, that there are no funds for maintenance works within the entire region, and that these funds have been totally redirected to Geelong as part of the government's fast-track expenditure program announced in response to the Pyramid collapse. My question is: is the $5 million announced as extra capital expenditure for Geelong merely a redirection of funds previously committed to other projects; and why does the government persist with the notion that Geelong is the only community that has been harmed by the Pyramid collapse? QUESTIONS WITHOUT NOTICE

200 COUNCIL 5 SEPTEMBER 1990

HOD. B. T. PULLEN (Minister for Education)-Some $215 million is available for capital works, of which $55 million is available for maintenance; there is also money beyond that for maintenance in the form of school improvements. As Mr Hallam will be aware, the intersection between what is remedial maintenance and actual improvement is a grey area. The whole area of providing physical improvements for schools is one in which I intend to take a particular interest, as my previous portfolio was the service agency and the current one is a client. I certainly believe it is an area that can benefit from some attention. In regard to Mr Hallam' s specific question and the information that has apparently been promulgated by some area of the Ministry, I shall examine it to ascertain its validity. I am a little surprised about it because I have instigated a process for reviewing all aspects of how the funds for this year will be expended. Of course, there are a number of things that are not optional, such as buildings and works that were commenced in the previous year, the portion of the expenditure that relates to this year will be carried forward. There are also other areas that have high priority. I want to examine the area of maintenance in some detail, and I thank Mr Hallam for directing that particular school to my notice. I will review it in that context.

EDUCATION CAPITAL WORKS HOD. R. S. IVES (Eumemmerring)-My question is also directed to the Minister for Education. Like Mr Hallam, I am also interested in the issue of capital expenditure in schools, particularly in the growth corridor, where no fewer than six new schools are currently being built. Will the Minister inform the House of the effect that the Budget will have on works and services in education and, in particular, in the areas of new schools and TAFE and higher education capital works projects? HOD. B. T. PULLEN (Minister for Education)-As I indicated in response to the previous question, the total budget available for schools this year is $215.4 million. Approximately $81 million has been allocated to technical and further education and vocational training areas. I am pleased with that result. Given the tight budgetary constraints, the overall capital works budget is still a respectable figure. I shall attempt to find additional sums for important capital works by making savings in other areas of the Ministry during the year. The priorities include the completion of schools where works have started. The schools to be completed in 1991 include: Diggers Rest Primary School; Alban Meadows Primary School; Westgarth Primary School; Fountain Gate Secondary College, stage 1; Hampton Park Secondary College, stage 4; Rowville Primary School; Haddon Primary School, stage 2; Coral Park Primary School; Maramba Primary School; Wandong Primary School; Balwyn Special Developmental School; Croydon Special Developmental School; and Yarraville Special Developmental School. Schools that are intended to be opened during 1992 include: Mill Park Heights Primary School; Karoo Primary School, Knox; Derrimut Primary School, Werribee; Werribee Grange Secondary College, stage 1; Surfside Primary School, Ocean Grove; Rowville Secondary College, stage 2; and Bacchus Marsh Secondary College, junior campus. Funds will also be provided for the construction of new facilities at schools that have been part of the school reorganisation program. These include: Hobsons Bay Secondary College; Banksia Secondary College; Orchard Grove Primary School; Boroondarra Park Primary School; and Forest Hills Secondary College. The capital works budget for the State Training Board is $81.2 million. Those works include new facilities at the Holmesglen College of T AFE, Victoria University of Technology and the Wodonga Institute of Tertiary Education. I assure the House that a solid and worthwhile