30 Oct 1997 Vacancy in Senate of Commonwealth of 4051

THURSDAY, 30 OCTOBER 1997 As this Parliament does not have a representative of the , I move the motion nominating the authorised Australian Democrat nominee and the Leader At 8.45 a.m., of the Opposition seconds the motion. I am very happy to do so, as I am sure my Mr SPEAKER (Hon. N. J. Turner, Nicklin) colleague opposite is happy to second. took the chair. Despite the politics of 's precipitate resignation from the Parliament VACANCY IN SENATE OF COMMONWEALTH and the Australian Democrats, it is appropriate OF AUSTRALIA and correct that a spirit of bipartisanship is manifested today in choosing her successor. Nomination of Andrew John Julian Bartlett, vice Cheryl Kernot Today is also an historic occasion because it is the first time to my knowledge Mr SPEAKER: Order! The House has that the Parliament has fast- resolved to meet at 8.45 a.m. this day for the tracked the selection process by suspending purpose of the election of a senator. There Standing Orders so that the expressed wish of being a quorum present, the meeting is now the Queensland electorate is in no way constituted. Honourable members should note diminished. Honourable members will be that the provisions of Standing Orders and aware that the Government in the House of Rules shall apply to this meeting. I now call for Representatives and the Senate has granted nominations. I point out that every nomination a pair so that, until the Queensland Parliament must be accompanied by a declaration by the fills the vacancy, the relative voting strength of nominee of qualification and consent to be the parties in the Senate is not altered. nominated and to act if elected. The Australian Democrats have Hon. R. E. BORBIDGE (Surfers nominated, as the successor to Cheryl Kernot, Paradise—Premier) (8.46 a.m.): I nominate Mr . Mr Bartlett is a Andrew John Julian Bartlett, social worker, of Queenslander. He was born and has lived all 41 Swan Terrace, Windsor, for election to hold of his life in . He holds degrees in the place in the Senate rendered vacant social work and arts from the University of through the resignation of Senator Cheryl Queensland, and before becoming actively Kernot. I produce Mr Bartlett's declaration of involved in politics he was a social worker. qualification and consent. Mr Bartlett has a long history of Whereupon the honourable member community involvement, particularly in the produced Mr Bartlett's declaration of environmental, social justice and animal qualification and consent. welfare fields. He is a member of many Mr SPEAKER: Order! Are there any community organisations and holds executive further nominations? As there are no further positions in some of those. I note that he is nominations, I call the Premier. also a musician of some talent, having played in a number Brisbane bands, mainly as a drummer, but he also plays the keyboard and Election of Andrew John Julian Bartlett sings. I am informed that he has made a number of recordings. No doubt the recordings Hon. R. E. BORBIDGE (Surfers that he will make in Hansard, as the Australian Paradise—Premier) (8.47 a.m.): I move— Democrats senator from Queensland, will hit "That Andrew John Julian Bartlett be the right note, too. elected to hold the place in the Senate of Opposition members: Oh! the Parliament of the Commonwealth rendered vacant through the resignation Mr BORBIDGE: It is early! Fair go; I was of Cheryl Kernot." up all night working on that one! A Government member: It is a bit too This is the fourth occasion since the 1977 subtle for them. referendum on casual Senate vacancies that the Legislative Assembly has met to fill a Mr BORBIDGE: Yes. I will explain it to the vacancy in the Senate due to the resignation Leader of the Opposition later. of a sitting Queensland senator. It is, Mr Bartlett has been heavily involved with nonetheless, an historic occasion. It is the first the Australian Democrats for a number of time that this Parliament has had to deal with years. He was secretary of the Queensland a vacancy caused by the resignation of a division from 1990 to 1993, Queensland representative of the Australian Democrats. deputy president in 1995 and president from 4052 Vacancy in Senate of Commonwealth of Australia 30 Oct 1997

1996 onwards. He was the Queensland proposing a member of the National Party or campaign director for the party for the 1993 Liberal Party, or some other unacceptable and 1996 Federal elections and has stood as candidate, as was threatened by him earlier in a Democrat candidate at local, State and the year in relation to another senator. All Federal elections. The record shows that Mr members will recall the threat that the Premier Bartlett has been an active, enthusiastic and made on national television that he would prominent Australian Democrat. It is no doubt ignore the Constitution and the expressed for that reason that he has been chosen by wishes of the people when it came time to his party to assume the Senate seat vacated nominate a replacement for Senator Colston. by his former leader. His first instinct, as always, was to turn back His will not be an easy job; no senator's the clock to 1975 when the National Party is. The Senate plays a pivotal role in our successfully foisted the hapless Patrick Field system of Government. Senators hold a very upon the Senate and the people of Australia. powerful and responsible position. As This behaviour was a pale attempt to imitate representatives of Australia's States, they are former Premier Bjelke-Petersen. The Premier elected to give a voice to their State was trying to create his own constitutional constituencies. It is on occasions such as this, crisis. This attempt at constitutional when a State Parliament has a direct role in vandalism—this sort of ridiculous, filling a casual Senate vacancy, that the unsustainable, ill-conceived stance by the relationship between the Senate and the Premier—has since resulted, of course, in States is made plain. another one of the Borbidge backflips. On behalf of the Queensland When the Premier issued his threat, he Government, I am pleased to move this claimed to have legal advice that he could motion and to wish Mr Bartlett well. I am sure challenge the Constitution and nominate an that when he considers Federal measures, he Independent replacement for Senator Colston. will keep in mind the fact that as a The Premier said that there were all sorts of Queensland representative his vital role is to other options, including a very long delay in his ensure that the interests of our great State are nominating a replacement. On ABC radio the given their proper worth every time. Premier said—and members should listen to this because it is very interesting— Mr BEATTIE (Brisbane Central—Leader of the Opposition) (8.52 a.m.): I rise to second "There is no—as I understand it—no the nomination of Andrew John Julian Bartlett requirement that the nominee of the to the Senate vacancy. It is sensible and political party put forward is necessarily appropriate for the Parliament to debate a the choice that the Parliament would replacement today for Cheryl Kernot in the have to make. Senate. This will enable her replacement, There is quite a number of exciting Andrew Bartlett, to take up his position as a possibilities should this occur." senator as expeditiously as possible to ensure that Queensland is properly and fully The Daily Telegraph commented— represented in the Senate. I would like to "Queensland Premier Rob Borbidge thank you, Mr Speaker, for convening this clearly is in trouble at home and is early sitting of the Parliament to resolve this prepared to insult the Constitution to matter with, of course, the cooperation of the extract himself. Government. No one is supporting him, he has no Queensland has a sad history when it legal justification, and even common comes to replacing senators. All of us will recall sense says he is wrong and being bloody- the infamous day when Premier Bjelke- minded." Petersen rode roughshod over the wishes of Mr Horan: I never thought you would Queenslanders by sending the ill-fated Patrick stoop to this. Field to the Senate, contributing to the demise of the Whitlam Government. That dishonest Mr BEATTIE: We will stand up for the and improper behaviour resulted in the people Constitution and for doing the right thing. If the of Australia voting for a change in the Government thinks that it will get away with its Constitution to prevent that sort of behaviour half-smart attempt to slide this through, it is being repeated. Hence today, quite rightly, a wrong. Democrat is replacing Cheryl Kernot. The Australian Financial Review stated— I am pleased that the appointment of "This intervention was mad and bad. Andrew Bartlett is being resolved in a Bad because it had shades of the constitutional manner, instead of the Premier disgraceful 1975 Bjelke-Petersen 30 Oct 1997 Vacancy in Senate of Commonwealth of Australia 4053

appointment of Labor rat Pat Field. Mad, Government members interjected. because the 1977 constitutional Mr BEATTIE: Mr Speaker, let amendment requiring a Senate Government members attack the Constitution. replacement to be from the same party as the former Senator was designed I also remind members that as recently as specifically to prevent what Borbidge was 17 October the Premier said he would not canvassing." compromise what he called the exceedingly Mr Horan interjected. busy legislative program just to accommodate the Democrats. Since then, of course, he has Mr BEATTIE: Is this another backflip? Do ditched several sitting days from the program. Government members not like me reminding Either the Premier has cancelled these sitting them of what they have said? This is an days because his Government has no appropriate time to do so. business to place before the House or he is , in the Bulletin, suggested running scared from the Opposition. the Premier either had a Machiavellian We have said that he has been purpose which no-one else could fathom or he cancelling sitting days because every day had exposed himself on national television as Liberal and National Party members are on a dill. Constitutional law specialist John Pyke display on the 6 o'clock news that does further said succinctly that the Premier was absolutely damage to their prospects of re-election. We wrong. It was the same sort of confrontationist were told that this was nonsense and that the stance as the Premier adopted over the Wik Government had simply run out of business. legislation. He demanded a one-point But here was the Premier on 17 October plan—total extinguishment. He knew it would saying that the Government had an not work and he knew it could not work. But exceedingly busy legislative program. He the Premier is not a man who goes seeking cannot have it both ways. Why did he cancel solutions; he has always been part of the the sittings on 21, 22 and 23 October if he has problem. an exceedingly busy legislative program? And The elevation of Mr Field to the Senate in why has he now cancelled the sitting on 31 1975 was a typical National Party piece of October without nominating a replacement trickery designed to pay lip-service to the day? It is important that we put on the record traditions of the Senate which required a the history of the Constitution and what the Labor Party replacement, while in fact Mr Field National Party has done to tear it up, because was quite prepared to do the bidding of the this Premier has every tendency to do exactly National Party. It was the sort of con trick what his predecessors sought to do. which people have come to expect from the National Party. Its members do not change I am pleased to second the motion their spots. The National Party represents itself nominating Andrew Bartlett for election to hold to be a party of churchgoing respectable the place in the Senate rendered vacant people who would not dream of telling even a through the resignation of Senator Cheryl half-truth. But the Premier constantly fails to Kernot. Mr Bartlett was selected by the tell the truth. It was the same old National Australian Democrats by virtue of the decision Party with the same old disrespect for the law of the party's national executive to fill the and the Constitution. I bet that when the vacancy by a recount of the most recent party Premier takes part in the republican debate he ballot for the Senate ticket in Queensland. Mr will pretend he is sticking up for the same Bartlett had been selected by Democrat Constitution he tried to tear up. members to be on the Senate ticket behind the then current Senators Cheryl Kernot and Government members interjected. . The last time he was a Mr BEATTIE: Just listen to members candidate was when he stood for the seat of opposite. Do they like it when we expose their Brisbane in the 1996 Federal election. absolute humbuggery over the Constitution? An honourable member: How did he go? When we highlight their disrespect for the Constitution, they do not like it one bit. This is Mr BEATTIE: I will tell the member about an appropriate debate in which to speak about that. There were nine candidates in that seat, the Constitution; we are debating a senator's and I understand his vote, after preferences, replacement. We will stand by the was among the best Democrat vote in the Constitution. I will not allow Government country. The preferences of the voters who members to be the wreckers of the voted for him and the Democrats were pivotal Constitution of this State or that of anywhere in enabling Arch Bevis to retain his seat ahead else. of the Liberal candidate—something which 4054 Vacancy in Senate of Commonwealth of Australia 30 Oct 1997 may or may not have pleased Mr Bartlett but the Australian Democrats in the Senate, which certainly pleased us in the ALP. following , Cheryl Kernot and Andrew Bartlett was born in Brisbane in John Woodley. This will be a special day for 1964. He grew up in Clayfield and has lived in him, his family and colleagues, and that is Brisbane all his life. Andrew attended St rightly so. We can all recall our first days of Columban's College, Albion, from 1973 to nomination and election. And only the churlish 1981 and represented Queensland at Rugby would claim they were not moved and excited Union in the under 16s in 1980. He attended by the experience. the from 1982 to However, this is an important day for 1988, gaining a bachelor of social work and a Queensland as well. We are at risk—at risk bachelor of arts. He joins a very illustrious and from an uncaring and increasingly tarnished long list of people with a social work Federal Government and a Prime Minister background who have made a significant without vision and the skills and morality of real contribution to politics in this country. leadership. We are saddled temporarily with a He has been a member of the Tenants lacklustre, embittered and incompetent State Union of Queensland executive from 1989; a Government which, although it is of the same member of the Community Aid Abroad political persuasion as its Federal counterpart, Queensland executive from 1995; is a former is rejected by Canberra as an irrelevant joke. Queensland president of Animal Liberation; We have a Treasurer who simply does not and a former member of the national have the clout or the ability to be taken executive of the Australia and New Zealand seriously, and we have one senator who, Federation of Animal Societies. He is also a through his own personal greed, no longer has member of Greenpeace, the Australian the ability to represent Queensland because Conservation Foundation, Animal Liberation, he is a national disgrace. Community Aid Abroad, the Vegetarian So Andrew Bartlett enters the Senate at a Society and the Windsor and Districts Historical time when cynicism about politicians is Society. He was also involved in the local rampant and when the political process has music scene, both as a musician and through been brought into disrepute in many quarters. working at community radio station 4ZZZ That should not be a reason for despair but a where he was an announcer and finance challenge to reinvigorate the political process. coordinator. In other words, he has strong Importantly for the established parties, community links. including Labor, the Liberals, the Nationals Andrew was a social worker with the and the Democrats, we must work harder to Department of Social Security in 1989-90. He meet the community's demand that its elected joined the staff of Cheryl Kernot when she first representatives listen to it and act upon its entered the Senate in 1990 and remained on wishes so that policies will make Queensland her staff in various capacities for most of the an even greater place in which to live and work next three years, as well as being secretary of in the 21st century. This is the real challenge the Queensland division of the Australian facing our new Queensland senator, Andrew Democrats from 1990 to 1993. When John Bartlett, and all of us here. On behalf of the Woodley was elected at the 1993 Federal Opposition, I wish Senator Bartlett well in election, and until last week, Andrew worked meeting those challenges. for him as a researcher and adviser. He was Mr Schwarten interjected. elected Queensland deputy president in 1995 and president of the Queensland division in Mr SPEAKER: Order! I warn the member 1996—a position he still holds. In addition, he for Rockhampton under Standing Order 123A. was the Queensland campaign director for the Motion agreed to. 1993 and 1996 Federal elections; he is a non- Mr SPEAKER: Order! The motion having voting member of the national executive and been agreed to, Mr Andrew John Julian an editor of the party's national journal; and he Bartlett has accordingly been elected to fill the is convenor of the committee that addresses vacancy in the Senate of the Parliament of the the party's rules and regulations. Commonwealth. Andrew lives in Windsor, which happens Hon. R. E. BORBIDGE (Surfers to be in my electorate, with his wife, Julie. I am Paradise—Premier) (9.05 a.m.): I will not delighted to see another parliamentary respond to the Leader of the Opposition; this representative from my electorate—and one is Andrew Bartlett's day and it should be who did not take my seat to achieve it! I treated as such. welcome him to the parliamentary process. He will be the fourth Queenslander to represent Mr Gibbs interjected. 30 Oct 1997 Vacancy in Senate of Commonwealth of Australia 4055

Mr SPEAKER: Order! I warn the honourable member for Bundamba under Standing Order 123A. Mr BORBIDGE: I move— "That Mr Speaker inform His Excellency the Governor that Andrew John Julian Bartlett has been chosen to hold the place in the Senate of the Parliament of the Commonwealth rendered vacant by the resignation of Senator Cheryl Kernot." Motion agreed to. The meeting concluded at 9.05 a.m. 4056 Members' Ethics and Parliamentary Privileges Committee 30 Oct 1997

Mr SPEAKER (Hon. N. J. Turner, Nicklin) was not even a report at that time. My role read prayers and took the chair at 9.30 a.m. stopped when I directed the Health Rights Commissioner to investigate the wider concerns that he had uncovered. PRIVILEGE As I said, Labor's handling under myself Cootharinga Home and the Leader of the Opposition of a difficult Hon. J. P. ELDER (Capalaba—Deputy issue was impeccable. Throughout our term of Leader of the Opposition) (9.31 a.m.): This Government, we followed the processes as morning I rise on a matter of privilege to quickly as possible to ensure that upsetting outline to the House my role as Minister for allegations were investigated by the Health in directing the Health Rights independent commissioner. Where the Commission to inquire into the Cootharinga process fell down was when there was a Home. The Minister for Families obviously has report. That was delivered to the Health an abysmal lack of knowledge of the Health Minister, Mr Horan, in April this year. From Rights Commission Act, and he displayed this there the process becomes murky, indeed. I ignorance in his attack on me yesterday. think some light could be shed on that The facts of the inquiry into Cootharinga murkiness if the rest of the page, which the are these: Labor's handling of this issue was Minister for Families so reluctantly tabled impeccable. The Health Rights Commission yesterday in an unsuccessful attempt to initially investigated a complaint about a death besmirch me, was tabled in the House. The at the home. In the course of this bottom half of the document was blocked out. investigation, the Health Rights Commissioner Obviously, the information there did not fit in came across more disturbing information with the Minister's concocted story. about events in the home during the 1980s, in This Minister for Families is so ignorant of other words, during the previous National Party the provisions of the Health Rights term of Government. Commission Act that he happily stood up in Under the Health Rights Commission Act, the House yesterday to share his ignorance the Health Rights Commissioner does not with other members of the House. I am have the power to investigate the broader embarrassed for him but also angry that he issues unless he is directed to do so by the thought he could deflect attention from his Minister. On advice from the commissioner own ineptitude and inability to deal with the that this was necessary, I acted under the issue onto me. terms of the Health Rights Commission Act Mr SPEAKER: Order! How much longer is 1991. The Act says— this matter of privilege? "The Minister may give the Mr ELDER: Two seconds. The Minister is Commissioner a written direction to exposed in his attempt to mislead the House, conduct an inquiry in relation to a and he stands condemned. The Minister matter— should meet his commitment that he made ... yesterday and table the report, unless he has (c) concerning the use of premises for got something to hide. the reception, care or treatment of— (i) aged care persons; or MEMBERS' ETHICS AND PARLIAMENTARY (ii) persons with a mental or PRIVILEGES COMMITTEE physical illness; or Resignation of Mrs M. Rose (iii) persons with a disability ..." Mr SPEAKER: I have to inform the House As I said, after being briefed by the Health that a vacancy exists in the Members' Ethics Rights Commissioner as outlined in the Act, I and Parliamentary Privileges Committee agreed that the information held by the Health consequent upon the resignation of Mrs Merri Rights Commission was disturbing and I Rose, MLA, from that committee. directed it to undertake a broader inquiry as outlined in the Act. To do otherwise would Appointment of Mrs L. D. Lavarch have been to cover up those issues. The allegation that the Minister for Families made Mr FITZGERALD (Lockyer—Leader of in this House yesterday that I tried to stop the Government Business) (9.34 a.m.), by leave, inquiry before the last election is totally untrue. without notice: I move— I had neither the power nor the intention to "That Mrs Linda Denise Lavarch, stop such an important inquiry. In fact, there MLA, be appointed to the Members' 30 Oct 1997 Papers 4057

Ethics and Parliamentary Privileges regarding car pooling, WorkCover and related Committee in place of Mrs Merri Rose, problems. MLA." Motion agreed to. Red Hill Police Station From Mrs Edmond (337 petitioners) PETITIONS requesting the House to call on the Government to, at least, retain the Red Hill The Clerk announced the receipt of the Police Station property and return this to a fully following petitions— operational police station. Petitions received. Browns Plains Police Station From Mr Barton (47 petitioners) PAPERS requesting the House to restore Browns Plains The following papers were laid on the Police Station to a 24-hour station, operating table— seven days a week with additional police being recruited to Browns Plains as the population (a) Premier (Mr Borbidge)— increases. Annual Reports for 1996-97— Department of Premier and Cabinet Office of the Queensland Paedophilia Parliamentary Counsel From Mrs Bird (626 petitioners) Office of the Public Service requesting the House to act immediately to Residential Tenancies Authority establish a royal commission into paedophilia South Bank Corporation and sexual assault against children. Parliamentary Contributory Superannuation Fund Nursing Home Care AFIC Annual Report to the Ministerial Council for Financial Institutions From Mrs Bird (267 petitioners) requesting the House to ensure that nursing Queensland Competition Authority home care is freely available to all who need it Bikeways Project Board and further deplores budget cutbacks on (b) Deputy Premier, Treasurer and Minister for services to the frail aged and elderly. the Arts (Mrs Sheldon)— The Queensland Performing Arts Trust Twentieth Annual Report 1997 Unions Annual Reports for 1996-97— From Mr Pearce (877 petitioners) Queensland Museum requesting the House to direct the Premier QSuper Board of Trustees and the and/or the State Minister for Training and Government Superannuation Office Industrial Relations to (a) ensure that the role (b) Minister for Training and Industrial of union officials is recognised as part of the Relations (Mr Santoro)— collective bargaining process and (b) ensure Annual Reports for 1996-97— that workers are able to retain their basic right of choice with respect to union membership. The Director-General, Department of Training and Industrial Relations The Chair, WorkCover Queensland School Funding for Airconditioning Projects Board From Mr Pearce (106 petitioners) The Chair, Vocational Education, requesting the House to direct the Premier Training and Employment and/or the State Minister for Education to Commission provide the same level of assistance to all The Chair, Building and Construction other Queensland schools where parents and Industry (Portable Long Service Leave) Board citizens associations have carried out the same level of fundraising for school The President of the Industrial Court airconditioning projects. The Chair, Dalby Agricultural College Board The Chair, Emerald Agricultural WorkCover; Car Pooling College Board From Mr Santoro (103 petitioners) The Chair, Longreach Agricultural requesting the House to address our concerns College Board. 4058 Ministerial Statement 30 Oct 1997

MINISTERIAL STATEMENT Access Economics has found that over Queensland Economy coming years Queensland's unemployment rate will fall more rapidly than the national rate. Hon. J. M. SHELDON (Caloundra— This is despite the fact that Queensland has a Deputy Premier, Treasurer and Minister for far higher participation rate than other States The Arts) (9.38 a.m.), by leave: For some time which, in short, means that we have more now this Government has been reporting to people in the jobs market than places like New the House good news about the state of South Wales and Victoria. Access Economics Queensland's economy and, importantly, the has based its overwhelmingly positive report future of Queensland's economy. As Deputy card on several key factors: strong business Premier and Treasurer, I think it is important growth; a rebounding housing sector; and that the people of Queensland are told the strong employment growth. I have every facts about how well their State is performing. reason to suspect that the Leader of the The Opposition—the Labor Party—has Opposition and his honourable cronies devoted enormous energy to distorting the opposite will again put their own political facts and to talking down Queensland. To put ambitions ahead of the interests of it simply, the has an Queenslanders. I would like to make it anti-Queensland policy. Today I again have perfectly clear to everyone in this House that the pleasant task of presenting details of yet these results are not another positive, pro-Queensland report. figures; they are completely independent Today I ask the members opposite to contain figures. themselves and allow the people of Queensland to hear about this good news. To highlight this, I go again to the Access Economics report. It says that both the GSP It is often said that the only thing holding and employment growth forecasts—those back Australia has been a lack of confidence. terrific, positive forecasts—are higher than According to respected economic analyst results forecast by Queensland Treasury in my Access Economics, Queenslanders have last State Budget. every reason to be extremely confident about where their State is heading. Access Mr Gibbs interjected. Economics has looked at Queensland's Mrs SHELDON: A lot of Queenslanders September quarter results in concert with looking for a job will be interested, I might tell previous quarters and, in its Five Year the honourable member for Bundamba. They Business Outlook Summary, it says that want a job and they are very interested to hear Queensland is expected to have the highest what is happening. This forecast is proof that GSP growth of any State in Australia. Further, the Government was not gilding the lily when this independent analysis shows that we told Queensland that things were turning Queensland will have the highest gross State around. It proves that the Government was product of any State, every year, through to being responsible in publishing conservative the year 2002! A comparison between forecasts on Queensland's economic Queensland's economic performance and the performance. It proves yet again that Australian national average provides a stark Queensland is definitely doing better under result—a result that is all good news for our the National/Liberal coalition Government. State. Forecast national GSP growth for this financial year is 3.5%. Queensland's result? In closing, I would like to ask 5.7%! Over the next five years, forecast Queenslanders to consider a comparison national economic growth will average 3.1%. between their State and Victoria. We have Queensland's result? 4.2%! heard so much over the past couple of years Mr Gibbs interjected. about how well Victoria is performing and how Victoria is supposed to be the glamour State Mrs SHELDON: This has occurred under of economic performers. Well, the real story is a coalition Government. In case the member that it is another win for Queensland. The for Bundamba does not know, he is sitting in Treasurer of Victoria, no less, has the Opposition. This independent report says acknowledged Queensland's superior that "Both the short and long-term outlook for economic position. In a recent statement Queensland is excellent. Recent events have published in the Australian, Victorian Treasurer seen it steal a march over Western Australia." Allan Stockdale said— That is good news for all Queenslanders. The good news continues on the jobs front. "Whether Victoria will ever catch Forecast national employment growth will Queensland ... is debatable." average 1.5%. Queensland's employment He knows that Victoria will never catch us result? 2.5%! because Queensland is a full 2.5 percentage 30 Oct 1997 Ministerial Statement 4059 points ahead of Victoria in terms of economic sport. It was a Rugby League photo and it was growth. We are in front of Victoria, New South taken in front of a child's swing. When I looked Wales and Western Australia. We are ahead closely at the photograph, I saw that it was a of every State in Australia, and independent photograph of the old days when we used to forecasts indicate that we will go on showing wear the little foam pads up the side of the them a clean set of heels for years to come. trousers. All the little queers used to have their boxer shorts with their handkerchief at the back. What did the member for Bundamba MINISTERIAL STATEMENT have? What about the day he went off to Disability Budget Statement Goodna—— Hon. K. R. LINGARD (Beaudesert— Mr Gibbs interjected. Minister for Families, Youth and Community Mr SPEAKER: Order! I warn the Care) (9.43 a.m.), by leave: I am pleased to honourable member for Bundamba under release today the State Government's Standing Order 123A for the final time. I ask Disability Budget statement for 1997-98, a the Honourable Minister to make his copy of which is on every member's desk. In statement. This is not a debate. If the Minister order to address the needs of people with a sticks to the statement, I will let him conclude disability, their families, and carers, funding of $548.2m has been provided across it. Government. This represents a massive Mr LINGARD: So while we are assisting increase from previous years and is far in people to move out of centre-based care, we excess of promises made at the last election. are also assisting those who want to stay. An The $548m includes more than $178m initiative of the 1997-98 Budget is the $4.5m from my Department of Families, Youth and provided under the new Moving Ahead Post- Community Care and more than $231m from school Services Program for young people, Education Queensland. Funding from Public aged 18, with severe disabilities who are Works and Housing, Transport, Health, enrolled in special educational programs. Justice, Training and Industrial Relations, and The list of funding goes on with $65.8m the Public Trust Office also contributes to the to provide direct services in accommodation cross-Government approach. It must also be support, respite and therapy services; $63m in appreciated that on top of this is Federal grants to community agencies under the funding, particularly in the area of employment Disability Grants Program; $200,000 for the and advocacy services, which in the last Developmental Disabilities Unit at the financial year amounted to $31m in University of Queensland; and additional Queensland. I remind all members of funding to help organisations affected by the Parliament that across Australia the advocacy SACS Award. I have not heard many groups, who make a lot of representations to complaints coming back about the SACS those opposite, received $13m. In the area of Award and what we promised to do there. institutional reform, quality care includes There is funding of $1m for the Queensland offering choice. Guide Dogs Breeding and Training Centre. Ongoing funding includes $4.3m for The Disability Budget statement for 1997- people who have left the Maryborough 98 reflects more than half a billion dollars in Disabled Persons' Ward, Sir Leslie Wilson care and support to people with disabilities, Home, W.R. Black Home and Elphick Cottage their carers, and families, from the and $1.5m allocated to upgrade facilities at Queensland Government. I invite all members the Basil Stafford Centre. This is all part of a of Parliament to read the document which I $2.6m program. New funding of more than have distributed and which I now table for $2m has been allocated to support a number public information. of Basil Stafford residents to relocate to the community, while a further $300,000 has been provided for people with extremely high and MINISTERIAL STATEMENT complex support needs. Privatisation of TAB Mr Gibbs: But you can win more than Hon. T. R. COOPER (Crows Nest— that on Gold Lotto. Minister for Police and Corrective Services and Mr LINGARD: I saw a photograph of the Minister for Racing) (9.48 a.m.), by leave: The member for Bundamba in the newspaper the State Government's TAB privatisation other day. I put my glasses on and I read the proposals represent an historic milestone in Courier-Mail, and here is the member for the life of the TAB and the revitalisation of the Bundamba showing how great he was at racing industry in this State. Privatisation 4060 Ministerial Statement 30 Oct 1997 proposals have been met with an The special needs of developmental race overwhelmingly positive response from the clubs have been catered for in a five-year Queensland racing industry, which realises agreement between the Government and the that the TAB must become more dynamic, industry. The deal specifically guarantees a flexible and competitive against the big fish minimum funding package for the first five interstate or risk being swallowed up. years of a privatised environment. This The industry is keen to proceed with the commitment will give clubs and communities first stage of structural reforms which will confidence that the funding package to local establish a more formal relationship between race clubs will be safeguarded through any the TAB and the racing industry and deliver transition to a privatised environment. greater autonomy and financial return to the industry while retaining Government MINISTERIAL STATEMENT ownership. Far from being equivocal or indecisive, a two-stage process was Government Medical Officer Services deliberately adopted by the Government and Hon. M. J. HORAN (Toowoomba South— the industry as a necessary safeguard to put Minister for Health) (9.51 a.m.), by leave: As the industry on a strong footing financially, part of the coalition State Government's structurally and strategically before making a ongoing commitment to improving services leap to a privatised environment. across Queensland, a number of initiatives are currently being implemented to enhance Formal joint venture and product and Government Medical Officer services. The program agreements between the racing overall aim of these initiatives will be to industry and the TAB must be drafted in this upgrade and improve the services supplied by Stage I precursor to privatisation. This will lock GMOs to the Queensland Police Service, the in the two parties, making the TAB/racing Department of Justice and the Queensland relationship and landscape crystal clear to community. potential investors ahead of any privatisation. Another key element of the pre-privatisation Late in 1996, the Chief Government package is the formulation of a Medical Officer position was upgraded to comprehensive strategic plan to guide the Director, Government Medical Officer Services. racing industry into a privatised age with new This new position was given the added demands, including increased professionalism responsibilities of training and for providing in management, administration, product and professional support to part-time GMOs marketing of the industry. throughout the State. A deputy director position was also created for Brisbane, as was A Stage I financial package has been a GMO position to cover the Logan, Beenleigh agreed to assist the industry through this and Ipswich areas. All these positions have transitional phase, including the wagering tax been filled. rate being dropped from 34% to 28.2%; a fixed product fee of $33m, plus 18.8% of New initiative funding has also been wagering revenue, a 25% stake in TAB utilised to fit out a new Government Medical wagering profit and a 25% interest in the Officer facility in Townsville. This facility is TAB's gaming and sports betting business. located at the Nathan Business Centre, Procedure to Stage 2, that is, actual Aitkenvale, and consists of a reception area, privatisation, would deliver increased profit- two consulting rooms, an examination room, a share arrangements, a lowering of the separate entrance and waiting area for victims wagering tax rate to 25%, an up-front capital of crime and their families, as well as a nurses injection of $10m plus industry debt station for history taking and medical forgiveness worth an estimated $31m. The screening procedures. A full-time deputy first full-year recurrent benefit to the racing director position and a full-time Government industry at this stage is expected to be Medical Officer position for Townsville have $109m—up $18m from current industry been created, supported by a nursing officer funding. The industry will have a greater level and administrative officer. Candidates have of autonomy and control over racing than ever been now chosen for each position. before, with distribution of the financial Training for GMOs has also commenced windfalls determined by the industry. The bulk with the publication and distribution of three funding will obviously be split between the new training manuals. A two-day GMO three codes, and from there each code will orientation training workshop was conducted control its prize money distributions, capital at the John Tonge Centre in Brisbane in July works priorities and incentive program this year and was well received by participants. allocations. Topics at the workshop included post-mortem 30 Oct 1997 Ministerial Statement 4061 techniques, counselling, sexual assault $53m to connect every one of our 1,300 State examinations, dealing with child abuse, drink- schools to the Internet. The Connect-Ed driving, statutes which affect GMOs, forensic project will lay the foundation for our $131m science and a moot court involving Global Classrooms program, with the balance prosecutors and defence counsel. It is of $78m being directed to Schooling 2001 expected that these workshops will be held at over the next three years. least four times a year until all Queensland Queensland students will have Government Medical Officers have participated. unprecedented access to the educational benefits and opportunities of the information A new fee structure for GMOs has been superhighway, driven by a massive increase in implemented with Cabinet approval, based on computer hardware, computer software, Visiting Medical Officer rates, to adequately curriculum support and teacher training. This renumerate GMOs, as well as to enhance Government is also determined to ensure that recruitment in areas of need. This is the first all material is carefully filtered by the time it time since 1993 that GMO remuneration levels reaches the classroom. We do not want our have been reviewed. Part of this remuneration children exposed to pornography, we do not package includes a $1,000 payment to each want them learning how to make bombs, we GMO to attend Queensland Health GMO do not want them gambling in cyberspace and training forums, plus practice expenses and we do not want them wasting their valuable accommodation. time on silly games and other pointless The State Government has also moved pursuits. Such sites and material will be to set up rosters of female general blocked by a revolutionary software filter practitioners to assist our GMOs in sexual developed by the Schoolsnet company, a assault examinations. These rosters are now member of the Telstra consortium which won operating on the Gold Coast, in Townsville and the Connect-Ed contract. Attempts to access in the Ipswich/Logan areas. Queensland inappropriate sites on the Internet will trigger Health has provided expert training to these an alarm monitored by Education female general practitioners in dealing with Queensland's network administrators. forensic examinations and providing evidence Schoolsnet will enable the department to in court. view access statistics and the use of From new initiative funding, $240,000 a censorship services by schools, individually year has been allocated to the nurses in and collectively. It will also monitor and report watch-houses project, as previously on Internet traffic patterns, usage and announced by my colleague the Minister for activities. This system will allow schools to Police. This excellent initiative has targeted 18 determine whether Internet usage is education watch-houses Statewide for this service. The related and alert them to attempted abuses. Brisbane City Watch-house has contracted St E-mail will also be scrutinised, and messages Vincent's Community Service to provide a containing prohibited words or phrases will be nursing service for two hours a day, seven redirected to administrators. This system has days a week. Watch-house prisoners are already been trialled in more than 200 schools assessed and medication reviewed, with the throughout Victoria and the ACT, and is GMO called in when medical examination or setting a new standard of Internet assessment is required. management in education. No program can Once again, the coalition State ever provide a 100% guarantee, any more Government has moved quickly to improve than we can guarantee that a student will not GMO services to Queensland, as well as smuggle a copy of an adult magazine or other significantly enhancing working conditions for inappropriate material into school, but the Government Medical Officers in what is a very security will be rigorous. Teachers, students difficult job. and parents will be made aware of the risks, safeguards and benefits associated with using the Internet. MINISTERIAL STATEMENT Schoolsnet will also provide several other Connect-Ed Project important services. It will allow the department Hon. R. J. QUINN (Merrimac—Minister for to manage and maintain school web sites, Education) (9.54 a.m.), by leave: Earlier this home pages and electronic mail services, month, the Premier and I announced the most including access to news and discussion ambitious roll-out of information technology groups. It will also provide us with the infrastructure in Queensland's history. Over the capability to provide every one of our 450,000 next 15 months, this Government will invest students and 30,000 teachers with their own 4062 Ministerial Statement 30 Oct 1997 e-mail addresses by the end of next year. This northern regions of the State. It is more good is not science fiction. Global Classrooms will be news for Queensland. But most importantly, it a reality within 15 months. In short, this means a much-needed and somewhat Government is getting on with the job of overdue base load power generation facility to ensuring that our children are well equipped be established in Townsville. I take this for the many challenges and opportunities opportunity to congratulate all of those who which await them in the new millennium. have taken part in progressing this important initiative for Queensland. MINISTERIAL STATEMENT Base Load Power Station, Townsville MINISTERIAL STATEMENT Hon. T. J. G. GILMORE (Tablelands— WorkCover Minister for Mines and Energy) (9.57 a.m.), by leave: I am delighted to inform the House that Hon. S. SANTORO (Clayfield—Minister for the Stanwell Corporation and its joint venture Training and Industrial Relations) (9.59 a.m.), partner, Destec Energy Incorporated, are by leave: This morning I table the annual finalising plans for the construction of a 766- report for WorkCover Queensland. Honourable megawatt, gas-fired combined-cycle, base members would be aware that this is the first load power station at Townsville. This follows annual report for the Queensland workers' their selection by Chevron Asiatic Limited to compensation scheme since the passing of build the power project. This development is the WorkCover Queensland Act 1996 and the welcomed by the Queensland Government as establishment of WorkCover Queensland from fitting well within the Government's strategy for 1 February 1997 as a new, commercially a deregulated and competitive electricity focused organisation led by a commercially market where market forces dictate where experienced board chaired by Mr Frank Haly. electricity generation capability will be An important aspect of the report is the established. It is clear that our policy is on Actuary's latest assessment of WorkCover's track and working well for Queensland. This outstanding claims liabilities. project is one of a number of hallmark projects I am pleased to inform the House that which are essential for the ultimate last financial year, that is, the year to 30 June construction of the Chevron Papua New 1997, it was not necessary to make Guinea to Queensland natural gas pipeline. substantial additional provisions for earlier Such projects as this underwrite the project in injury years as was the case in the previous terms of gas flow and, ultimately, make the two reporting years. The report discloses an project possible. unfunded liability at 30 June 1997 of Honourable members would realise that $125.95m, which is a most pleasing result, the Queensland Government has given representing an improvement of $193.85m considerable time and effort to facilitating the compared with the 30 June 1996 deficit figure Chevron gas pipeline. As late as yesterday, of $319.8m. It is important to note that, legislation was introduced into this Parliament although the unfunded liability has been by myself to facilitate this project. The reduced by 60%, or $194m, almost 90% of Queensland Government is playing its role. this improvement can be attributed to This announcement by the Stanwell exceptional investment returns and Corporation and the joint venture partner, Government contributions. Destec Energy Incorporated, underscores the The return on provisions invested with the fact that industry is also playing its role to bring Queensland Investment Corporation for the this exciting new opportunity to Queensland. financial year increased by $106.7m, or Stanwell Corporation is a Government- 98.2%, over the 1995-96 returns to total owned generating corporation, and is currently $215.43m. This represents a rate of return of the operator of the 1,400-megawatt Stanwell 15.95% for the year, which I believe all would Power Station near Rockhampton and two acknowledge as being an outstanding small hydro power stations in far-north performance by Jim Kennedy and the QIC Queensland. Queensland will benefit in a board, which accounted for 55.1% of the number of ways from this project. It means the turnaround in the unfunded liability. It is introduction of high quality gas at world's best important to note that the QIC advises that prices into north Queensland for future that level of return is not expected to be industrial development, power generation sustained in the long term and recent stock which is environmentally friendly, and an market movements reinforce the need for enormous boost for job creation in the caution. 30 Oct 1997 Ministerial Statement 4063

The other major factor contributing to the accurately assess the impact of the past two turnaround was the contributions to the fund years' legislative changes on the underlying by the Queensland Government in the form of incidence of common law claims. It is capital injections and tax equivalents refunds. important to remember that, although the The Government made the first of three financial position has improved significantly in annual contributions of $35m to capital as the past year—and I stress this for the benefit recommended by Jim Kennedy. On top of of honourable members—this was due only in that, the Government has agreed to refund to small part to underwriting experience and WorkCover its tax equivalents payments until WorkCover has a long way to go to achieving the fund reaches minimum solvency full funding. WorkCover requires 30% solvency standards. That amounted to $32.5m for to achieve full funding. In dollar terms, based 1996-97. Those combined contributions by the on current claims liability, this means that Government totalled $67.5m and accounted WorkCover needs an extra $636.73m to meet for 34.8% of the improvement in the deficit. this requirement. Actuarial projections based The improved underwriting result was on current claims and trends suggest that it will attributable to three major factors. Firstly, take at least until the year 2007 for WorkCover premium income increased as a result of a to achieve full funding. 6.2% increase in declared wages for the year, In conclusion, I should like to express my which is a clear reflection of the growth in the appreciation to the board, management and Queensland economy under the staff of WorkCover for their efforts in Borbidge/Sheldon Government. At the same developing and implementing the WorkCover time the coalition has maintained its Queensland Act and the transition from the commitment, in line with the Kennedy old Workers Compensation Board to recommendation, not to increase the average WorkCover Queensland. The efforts of all net premium rate set by Labor of 2.145%. involved have been exemplary, but the bad Secondly, I am advised that the actuarial news for them is that I expect them to keep it reports to WorkCover indicate that the up in the years to come to ensure that full statutory claims experience continued its trend funding is attained as soon as possible and of improvement as experienced over the past that never again will this State be faced with a few years. Compared with 1995-96, total black hole of unfunded liability as was left to claims payments reduced by 11.4%, while us by the previous Government. We should all claim numbers reduced by 8.5%. There has learn from the past and the experiences of been a 21% reduction in the number of claims other States. This State needs a scheme that over the past two years, due essentially to the can react quickly to changing trends—both up introduction of the five-day excess from and down—and I believe that WorkCover January 1996. Queensland is now capable of doing just that. The third area of improvement has been in the common law claims area, where the MINISTERIAL STATEMENT aggregate number of non-Government claims intimated during 1996-97 was 13% lower than Mice Plague expected, which was due to lower than Hon. H. W. T. HOBBS (Warrego—Minister expected intimations for the 1993-94 and for Natural Resources) (10.06 a.m.), by leave: I 1994-95 years, while the 1996-97 intimation am pleased to advise the House that, in year was still heavy relative to the long-term response to an application made by my past but still lower than previously modelled. department, the national registration authority While the average cost of non-Government has extended the permit for the supply and settlements made during 1996-97 was 15% minor off-label use of aerially applied zinc lower than expected, the estimated average phosphide bait for mice in Queensland until 31 settlement size by injury year has increased May 1998. The permit now includes from $92,200 for 1990-91 injuries to $97,500 preplanting use in pumpkin and melon crops. for 1996-97 injuries, while total settlements for That represents a breakthrough for land- the year amounted to almost $150m. holders in central Queensland who still have While the initial indicators for common law serious mice problems. claim numbers and costs are positive, I stress In some instances, crops have been that it is too early to predict with certainty the decimated. Aerial application of zinc long-term effects on WorkCover's outstanding phosphide is the only tool left for land-holders. claims liability. Because workers have three This new permit provides land-holders with years to elect to take common law action, it will some relief for current crops and protection for be at least another 18 months before we can summer crops. Monitoring by my department 4064 Ministerial Statement 30 Oct 1997 shows that, although mice are no longer a very proud to be able to offer Kinetic Power a problem in the Dawson Valley, numbers are package of investment incentives under the still high in other parts of central Queensland, Queensland Investment Incentives Scheme. particularly in the Callide Valley. The rush for Following their acceptance of the baiting by land-holders has subsided in the Government's offer, Kinetic Power has begun Dawson Valley, with mice numbers now much operations in Queensland. lower and winter crops reaching maturity. On 7 August this year, Kinetic listed on However, the aerial operators still have the Brisbane Stock Exchange, and I am very sufficient bait for land-holders who are pleased to be able to tell honourable considering baiting as an option in the Callide members that the float was successful with the Valley. support of a number of institutional investors. Mice caused problems in late summer As a new start-up company, Kinetic is one of crops on the Darling Downs before the permit this year's great success stories. The company for zinc phosphide baiting was issued in July. was listed on the Australian Stock Exchange in By that time, no baiting was needed as August this year following a successful period numbers had declined sharply. No baiting is raising capital of $16m for the project. Since expected there in the near future. Hot spots of then, Kinetic has gone from strength to damage are occurring in wheat crops around strength, notching up important achievements Goondiwindi. Indications are that baiting may for Queensland. It has established a world- be required for summer crops in that area. My class manufacturing centre at Carole Park in department will continue to monitor mice Brisbane to produce a range of valve numbers in grain-growing areas, keeping land- regulated lead acid batteries for the overseas holders informed of trends in the mice market. That facility is already up and running population. and is now ready to ship. Zinc phosphide baiting was carried out The type of products being produced are over 34,000 hectares of crops in central crucial in the revolution towards portable and Queensland between July and September this decentralised power supplies that have year under the previous permit. The baiting become so important in our society. They was very successful, with most farmers provide power to the telecommunications reporting very little damage from mice after the industry as it grows at high rates to keep pace baiting. The conditions, as laid down in the with current communication demands. previous permit and by the Department of Portable power tools and computers, medical Health, have been rigorously complied with in equipment and solar energy systems are all baiting activities. The effects of zinc further examples of the factors driving the phosphide baiting on non-target species have growth of the market for Kinetic Power's been monitored to meet the conditions of the product. It is a fantastic opportunity for this national registration authority permit and State and for this country. I am sure I do not Department of Health approval. The results of need to point out to honourable members that that monitoring have shown that the level of these are some of the world's most rapidly non-target mortality from the broadacre use of expanding markets. This leading edge zinc phosphide coated grain in central technology is being designed and Queensland is extremely low. The mice plague manufactured here in Queensland by has the potential to cripple the grain industry. I Queenslanders. am sure that all members will support the This opportunity for Queensland involves Government's action in seeking to control this $26m in investment and it means employment menace. for up to 200 Queenslanders over three years. One hundred and sixty of those people will be MINISTERIAL STATEMENT starting this year. Kinetic has committed itself to a cooperative, productive working Kinetic Power Limited environment at the forefront of workplace Hon. B. W. DAVIDSON (Noosa—Minister relations. I cannot think of too many for Tourism, Small Business and Industry) investments in Australian manufacturing which (10.09 a.m.), by leave: It is my very great come near this in terms of new employment pleasure to inform the House today of a major creation and the development and application new investment in Queensland. Some time of new technologies. ago, my department began negotiations with I am very proud to have been able to Kinetic Power Limited to facilitate a major new bring this project to Queensland and I would manufacturing and export operation in our like to congratulate those people in my State. As a result of those negotiations, I was department who helped to make this happen. 30 Oct 1997 Legal, Constitutional and Administrative Review Committee 4065

With export orders in excess of US$180m for Unfortunately, the committee's inquiry has the next six years, Kinetic Power will become been delayed owing to the number of privilege one of the most important manufacturers in matters that have been referred to it for its this State—a thriving business bringing consideration. Since November last year, this investment and jobs to Queensland. Kinetic committee has had eight matters of privilege will be selling all over the world and will be referred to it. To put that in context, in less concentrating on Europe and north America. than 11 months the committee has had more It is always very rewarding to have a small matters referred to it than two former select part in a great Queensland success story. We committees of privileges had referred to them as a Government always find it very rewarding during a six-year period. to know that we have played our small role in The committee believes that it is vital that putting more Queenslanders into jobs. Kinetic its code of conduct inquiry be completed as Power thought about going to other States. It soon as possible. For that reason, the thought about going to Malaysia or Thailand, committee is temporarily changing its policy in but Kinetic came to Queensland. respect of privilege referrals. To date, the committee has given priority to matters of privilege referred to it by the House or Mr FUEL SUBSIDY BILL Speaker. The committee has adopted this Remaining Stages; Allocation of Time Limit course of action in order to ensure that those Order alleged to have committed a breach of Mr FITZGERALD (Lockyer—Leader of privilege could be assured of receiving due Government Business) (10.10 a.m.), by leave, process. However, it has become patently without notice: I move— clear to the committee that to continue this policy in the immediate future will only result in "That so much of Standing and the continued delay of the code of conduct Sessional Orders be suspended to inquiry. enable the Fuel Subsidy Bill to pass through its remaining stages at this day's Therefore, on 27 October the committee sitting." resolved that all matters of privilege currently before the committee on that date will still be Motion agreed to. given priority, but from that time onwards the committee would be giving priority to its code MEMBERS' ETHICS AND PARLIAMENTARY of conduct inquiry. Privilege matters will take PRIVILEGES COMMITTEE precedence only when the committee is requested by Mr Speaker or by the House. Reports Ms WARWICK (Barron River) (10.11 a.m.): I lay upon the table of the House LEGAL, CONSTITUTIONAL AND report No. 9 of the Members' Ethics and ADMINISTRATIVE REVIEW COMMITTEE Parliamentary Privileges Committee, which is Report titled Report on a Citizen's Right of Reply Nos Mrs GAMIN (Burleigh) (10.14 a.m.): I lay 5 and 6. upon the table of the House the Legal, I also lay upon the table of the House Constitutional and Administrative Review report No. 10, which is titled Report on a Committee's annual report for 1996-97. Under Matter of Privilege: Alleged contempt by the the Parliamentary Committees Act, the areas Criminal Justice Commission—Matter referred of responsibility of the committee are in to the Committee on 3 December 1996. I relation to administrative review reform, commend both reports to the House. I also lay constitutional reform, electoral reform and upon the table of the House submissions legal reform. The committee's annual report received by the Members' Ethics and outlines how it has discharged these Parliamentary Privileges Committee on its responsibilities during the year. As chairman of inquiry into parliamentary privilege in the committee, I also wish to acknowledge the Queensland. dedication and valuable contribution made by On behalf of the committee, I would also the members of the committee and the like to take this opportunity to inform the committee staff throughout the year. I House of the progress of the committee's commend the committee's annual report to code of conduct inquiry. Firstly, I wish to advise the House. the House that the committee's inquiry is quite I also lay upon the table of the House advanced. The committee is striving to additional submissions received by the Legal, complete the inquiry by the end of the year. Constitutional and Administrative Review 4066 Private Members' Statements 30 Oct 1997

Committee regarding its inquiry into privacy in ¥ Government Ministers, including the Queensland. Minister for Families, Youth and Community Care, have spent more than three times this amount, $1.7m, PARLIAMENTARY CRIMINAL JUSTICE on renovating and upgrading their COMMITTEE own ministerial offices; and Report and Supplementary Submission calls on the Government to make an Hon. V. P. LESTER (Keppel) immediate allocation of $5m in crisis (10.14 a.m.): I lay upon the table of the House funds from the Treasurer's Advance to the CJC publication titled The Investigation of meet the critical need for accommodation Paedophilia by the Criminal Justice support, respite care and other needs of Commission. I also lay upon the table of the Queenslanders with a disability House a further publication CJC titled throughout the State." Supplementary Submission to the Attorney- General on the Draft Criminal Justice PRIVATE MEMBERS' STATEMENTS Legislation Amendment Bill 1997. Job Losses I should indicate that this supplementary submission by the CJC has previously been Mr BEATTIE (Brisbane Central—Leader released publicly and distributed by the CJC to of the Opposition) (10.17 a.m.): When it all members of the House. The committee is comes to jobs, the record of the tabling these documents as it believes that it is Borbidge/Sheldon Government is a reign of in the spirit of the Criminal Justice Act that all error. Over the past year, this Government has non-confidential publications by the CJC be lost 7,000 full-time jobs. Yesterday, that reign published and tabled in Parliament. However, of error continued when the appalling total the committee stresses that it has not grew by another 400. necessarily conducted an inquiry into the Four hundred Mackay families face matters that are the subject of these Christmas on the dole because the local publications and that it is the CJC that has meatworks has closed indefinitely. Is the determined that the publications are not National Party not supposed to represent the reports of the commission for the purposes of grazing industry? The reign of error has seen section 26 of the Criminal Justice Act. 440 jobs lost at the Bowen meatworks and now the same thing is happening in Mackay. Mr Perrett himself has closed down the Bundaberg meatworks with the loss of 20 jobs. NOTICE OF MOTION The Premier claimed that he was Unmet Needs intervening to prevent Metway from being lost to this State. When is he going to intervene to Ms BLIGH (South Brisbane) (10.16 am.): save the jobs of the workers at Bakers Creek I give notice that I shall move— in Mackay and the jobs of the workers in "That this Parliament recognises that Bowen? When is the Premier actually going to the unmet needs of Queenslanders with do something for this State? a disability, their families and carers are at Under the Borbidge/Sheldon critical and unacceptable levels, and Government, Queensland is suffering a reign expresses concern that— of error. We have Joan and Jonah. Wherever ¥ the Borbidge-Sheldon Government Jonah goes, catastrophe follows. It will not be has failed, for two consecutive long before people will be begging him not to budgets, to meet its 1995 election visit their communities and not to come promise to increase spending on anywhere near them. Look at what the disability by $34m per year for three Premier has done. Just about everywhere he years; has gone there has been a disaster. Bundaberg and Bowen have both had a visit ¥ the allocation of $500,000 for unmet from Cabinet, and look at the disaster that needs in this financial year falls so far occurred. The same thing has happened in short of requirements that there will Mackay, where there is a meeting on be no funding round in 1997-98 for Monday—another disaster. What can the the first time since funding rounds people of Mackay expect? Nothing more than were instituted under the empty words! People in other communities will Commonwealth/State Disability be saying, "Do not come anywhere near me or Agreement; and there will be another disaster." 30 Oct 1997 Private Members' Statements 4067

Did the Premier not visit Hong Kong the plastics industry, until now they have been recently? Did the Premier not visit Jakarta lacking in metal casting due to the relatively recently and half the place caught fire? Good high cost of the software. By combining their heavens! I hope that the Premier does not efforts under Queensland Manufacturing visit anywhere in my electorate. With his track Institute project management, these record, we do not want him anywhere. What companies have now been able to evaluate about petrol prices? They have gone up. The metal casting modelling techniques Premier tries to claim that petrol prices have economically. As a result, they have been restrained, but ask anyone in the developed software that will enable them to community what is happening with petrol reduce production cycle times. prices. A petrol tax is what he has imposed. Time expired. Time expired. Minister for Emergency Services Queensland Manufacturing Institute Hon. D. M. WELLS (Murrumba) Mr CARROLL (Mansfield) (10.19 a.m.): (10.21 a.m.): The mind boggles at the thought The Queensland Manufacturing Institute at of the Minister for Emergency Services doing a Eight Mile Plains technology park in the backflip, but he has brought a new dimension Mansfield electorate has recently helped three of chaos as well as a new dimension to the art local producers of cast metal products to of the Borbidge backflip. In him, Fawlty Towers develop advanced technology that will reduce meets Le Grand Bouffe. products cycle time and improve product In a recent edition of Sector Wide, the quality. As many in the House would be Premier declaimed agency reorganisations aware, the Queensland Manufacturing would only take place when Cabinet considers Institute was establish by the Department of it essential and subject to arrangements Tourism, Small Business and Industry in approved by Cabinet. No agency conjunction with the State's leading reorganisation will proceed unless there are manufacturing, research, training and support clear improvements for the public and, should agencies. The institute is a now a world-class it take place, it can only go ahead if planned facility that provides Queensland industry with and done in consultation with the staff. access to leading-edge manufacturing However, what is happening in the technology and applied research. Its Department of Emergency Services? As if in capabilities include high-speed prototyping, direct contradiction, and doing a complete rapid development of prototype tooling, backflip against the trends that the Premier is casting techniques and computer-aided supposed to be setting, the Minister for design. These types of technology and Emergency Services has created complete research are not often readily available to chaos. He has purged both sections of his many Queensland companies, so they are department. All the senior positions in the pleased that the institute provides these Department of Emergency Services have services at a reasonable cost. been declared vacant. With assistance provided through the The other day in the House I tabled a AusIndustry program, administered in copy of the Francis report that stated that the Queensland through Minister Bruce department had to redo a whole range of Davidson's Department of Tourism, Small appointments because they had not been Business and industry, three local producers done in accordance with due process. Today I recently joined forces to work on a special can tell the House that the same sort of thing project with the Queensland Manufacturing has now clearly happened with the Ambulance Institute. These companies are the Service. We need, and I call for, a Francis Toowoomba Foundry, ANI Bradken at report or some similar review into the Runcorn and Tubemakers of Australia at appointments in the Ambulance Service, Currumbin. The purpose of this joint effort was because the same sort of thing has to evaluate the potential benefits of casting happened. solidification modelling software. This software The final outcome was influenced by first- allows manufacturers of cast metal products to hand knowledge of selection panels, to use analyse and predict the cooling properties of the Francis phrase, which, of course, is code these products. for cronyism. Applicants were appointed to The Minister for Tourism, Small Business positions that they did not apply for. and Industry informs me that while these Apparently the paperwork was in such poor modelling techniques are in frequent use in order that they had to get a reference to 4068 Private Members' Statements 30 Oct 1997 complete it after the interviews had been done of these emergency service measures. I thank and the successful candidates had been him for what he has done for my electorate advised. They completed the process by and the people who live nearby. getting a reference from an officer who was Time expired. junior to the officer for whom the reference was written. Time expired. Minister for Education Mr BREDHAUER (Cook) (10.25 a.m.): I Emergency Services, Redland Shire wish to add to the litany of backflips performed by the Borbidge Government by turning to Mr HEGARTY (Redlands) (10.23 a.m.): what has happened in education in the past The provision of additional emergency services two years. Who can ever forget "Backflip Bob", in the Redlands electorate is progressing well. the Minister for Education, saying that he was Following the allocation of $400,000 in this going to sack 6,000 school cleaners and then year's Budget for the establishment of an went backflipping down the corridor as he was ambulance station at Redland Bay, I am told by the Premier that he could not sack pleased to advise the House that the them and their positions were restored? negotiations with the Redland Shire Council for a suitable parcel of land, which it is generously What about when the Minister said, when providing, are well advanced and that in Opposition, "We will double the number of construction is scheduled to commence next guidance officers in Queensland", and actually year. identified that there were then 350 guidance officers in Queensland. It did not take him too A further $160,000 has been allocated for long to do a backflip there either. In answer to the construction of a combined fire, a question from the member for Bulimba the ambulance and emergency services centre on other day, the Minister said that so far in two Macleay Island. Work on that facility is set to years they have employed 21 extra guidance go. A meeting is planned for next week to officers in Queensland. That is a long way discuss construction details and work is short of 350 extra guidance officers and is scheduled to start as soon as leasing details another backflip. for the land are finalised by the Redland Shire Council's solicitors. What about when he said on the Anna Reynolds program that under the Leading In accordance with the planned Schools program it would be all right for the population growth in the shire, particularly in school principal and the community to decide the southern part which my electorate to trade off the teachers against resources or encompasses, the Queensland Fire and Rescue Authority south-east and Brisbane other enhancements to school resources. He regional offices are currently undertaking a has had to do another backflip there. After major planning study on the present and pressure from the Opposition and the future needs to provide further fire and Queensland Teachers Union, he has had to emergency services in that area. say, "We will not do that any more. We will give you a guarantee that those positions will The recent provision of a full-time not be traded off." ambulance officer to the recently constructed ambulance centre on Russell Island is working What about the classic backflip—which well. This is the first permanent officer that any was actually backflip, backflip, backflip—over of the islands have had and is in direct Helens Hill State School. That school burnt response to Minister Veivers' recognition of the down and the Minister said that it would be need to adequately resource all Queensland rebuilt. Then he did a backflip and said that it communities, irrespective of their location. would not be rebuilt. Then he did a backflip and said it would be rebuilt. Then he did a Only this week tenders were called to backflip and said, "We will put a permanent construct a new ambulance centre at building there." Then he did another backflip Cleveland to replace the old centre, which has and said, "We will install a temporary building." served the shire for many years. The centre's It was like watching a Chinese gymnast on new location will enable a fast response to steroids! emergency situations throughout the shire. The emergency services facilities, current and An Opposition member: Without the planned, will service my electorate and others muscles. so that citizens can expect the degree of Mr BREDHAUER: Yes, without the security that they deserve. The Minister should muscles. Who could ever forget the time when be commended for his speedy response to all he said— 30 Oct 1997 Questions Without Notice 4069

"Teachers are human beings, and service continues to operate for the benefit of they can stand only so much change. I women who find themselves victims of sexual believe that it is now time for a settling-in assault, which is sadly only too common, period and stability of direction." particularly in an area like the Gold Coast. Then what did he do? He tore the guts out of the education system, which was another Minister for Environment backflip, and introduced the Leading Schools program which abolished all the regions and Mr WELFORD (Everton) (10.29 a.m.): all the school support centres. Then he said "Backflip" Borbidge has been at it again in the that an integral part of the issue is teachers' environment. This Government has done morale. What does he care about teachers' more backflips than Greg Louganis when it morale? That is another backflip. There has comes to the environment. Members only been no pay increase and teachers' morale is need to look at the oil tax that it proposed, down the tube. which it did a backflip on. What about the Time expired. famous park pass that would protect all the national parks of Queensland? The Government did a backflip on that. "Backflip Gold Coast Sexual Assault Support Service Brian" was going to privatise Fleay's Wildlife Mrs GAMIN (Burleigh) (10.27 a.m.): I am Park. He spent $40,000 on private consultants pleased to advise the House that financial to find out that he should keep it within public ownership. What a backflip that was! problems have been solved for the Gold Coast Sexual Assault Support Service. This very The Government was going to have the important and necessary service has enjoyed most stringent controls on Hinchinbrook, but rent-free premises ever since its inception in what it has done since is expanded it without 1989-90, firstly at the Gold Coast Hospital and even so much as an EIS. This Government is then in a Department of Housing property full of backflips on the environment. How can located just behind the hospital. However, "Backflip Bob" and "Backflip Brian" get any some months ago the hospital purchased this worse? house from the Department of Housing and, although it has allowed the Sexual Assault Support Service to stay on while QUESTIONS WITHOUT NOTICE accommodation problems were sorted out, the Super Stadium hospital is anxious to move in and utilise the Mr BEATTIE (10.30 a.m.): I ask the property for its own purposes. Premier: can he confirm that Cabinet's Having to find other premises at a decision to site the super stadium at the old commercial rental presented huge problems airport site was made at the request of Gold for the Sexual Assault Support Service. It has Coast developer Brian Ray? been able to manage its budget, albeit with some difficulty, because funding is always tight Mr BORBIDGE: As usual, the Leader of for this sort of operation in these days of ever- the Opposition is wrong. increasing needs. However, commercial rental is quite beyond its means. Mr W. Nioa; Gun Buy-back Scheme Over the past few months, strong Mr BEATTIE: I ask the Police Minister: will representations have been made to the he give the House an update on the Minister for Health by all local members of investigation into allegations that National Parliament and other sections of the Party identity and gun dealer Bill Nioa rorted community in order to achieve the necessary the Queensland gun buy-back scheme to the funding increase to cover commercial rental for tune of $300,000 by surrendering to the the service's accommodation. Having been scheme for $60 each 5,000 World War II involved with the service from its earliest surplus Owen gun magazines? In particular, is planning days, I have taken a keen interest in it not true that Mr Nioa was acting as an agent this matter myself and have put forward some for a Victorian gun dealer, Mike Warwick, who pretty heavy pressure. originally purchased the magazines from the The day before yesterday, the Gold Coast Commonwealth for 6c each? Is it not true that Sexual Assault Support Service was formally Mr Nioa was the chief valuer for the advised that the problem has been solved, as Queensland gun buy-back scheme and the required funding of $30,000 will be made himself put the $60 value on the magazines available. I thank the Minister for Health for his because he had a deal to get as a assistance, as it is vital that this very important commission any money over $30 received for 4070 Questions Without Notice 30 Oct 1997 each magazine? Is it not true that under the An Opposition member: It's the amount gun buy-back arrangements gun dealers were in the fund. not allowed to act as agents for other gun Mr BORBIDGE: It is the amount in the dealers? fund. Members opposite are saying that we Mr COOPER: As the Leader of the have increased it. Opposition should know, that matter is under In 1996-97, the coalition's first Budget police investigation. I am advised by the since returning to office, the Treasurer's Queensland Police Service and the people Advance was $259m. In the last Budget, that who have been handling the gun buy-back for 1997-98, the Treasurer's Advance was scheme right from the start that the $156m. Where is the increase? There is no compensation claim met all the conditions of increase. Another Labor lie! But as usual, the proper payment at the time and all discussions Labor lies have a sting. If Labor were to slash were based on stated ownership, including the Treasurer's Advance we would have to claim declaration and purchase invoice. The consider the impacts. What is the Treasurer's allegation currently is under police Advance used for? It is used, among other investigation. The Commonwealth accepted things, to cater for enterprise bargaining pay Category R parts for compensation in October increases for public servants—alone a $73m 1996. The investigation is continuing. expense in 1996-97. How will the Leader of Mr Beattie: How long is it going to take? the Opposition pay for funding increases for public servants—for salary and wage Mr COOPER: How would I know? I will increases—if he slashes the Treasurer's keep the Leader of the Opposition posted. Advance? $15m went on the maternity allowance that this Government provided. Will New ALP Policy Commitments the Leader of the Opposition slash the maternity allowance? What about drought Mr SPRINGBORG: I refer the Premier to funding? That is in there, too. Natural disasters claims by the ALP concerning its latest five were allocated $40m in 1996-97. Major new policy commitments for Queenslanders, projects incentives were allocated $5.5m in and I ask: what initiatives has the coalition 1996-97. The Queensland Cultural Centre Government already taken on those issues? development will receive $10m this year to Mr BORBIDGE: I welcome the fund a project that Labor had in its policy opportunity to respond to the latest campaign throughout its term in Government but simply effort by Labor for the election that we are never funded. Will it cut that as well? going to have in December, January, The next lie concerns law and order, February, March, April, May, June or July, where the promise is to increase police beats. depending on the election alert put forward by Very cleverly, they will not increase police the Leader of the Opposition. numbers; they will increase police beats. The Mr Fouras: Bring it on now. police will walk further! The record of Labor speaks for itself. Labor left the coalition with a Mr BORBIDGE: I can assure the member police to population ratio of 1 to 524—the that I am looking forward to bringing it on. worst in Australia. We are repairing the The latest little effort by the Labor Party is damage. The ratio will improve rapidly under a five-point policy statement. It is very our three-year, $76m staffing plan for 800 interesting, because it shows that the election additional police and 400 civilians. The campaign, whenever it will take place, will be a coalition's 10-year plan is for 2,780 more repeat of its performance in 1995. The five police than there were last year—1,360 more new commitments from Labor should be than the Labor Party has promised. Between called "five new Labor lies". 1993 and 1995, despite spending $800m more, Labor managed to reduce the actual I intend to put on the record the facts in police strength by 79. That is the record in respect of what the Labor Party is alleging. In respect of the Labor Party. Then they go on a document headed "Five new commitments with another Labor lie that they will fund all of from Labor", points one and two combine a this to cut back on the massive spending that lie, which is that Labor's jobs initiatives will be occurred—— funded by "slashing recent increases in the Treasurer's slush fund". The so-called Mr T. B. Sullivan: You know all about Treasurer's slush fund is exactly the same tool lies, Borbidge; you're a consistent liar. of Government that Labor used to fund a Mr SPEAKER: Order! I heard that remark. range of initiatives known as the Treasurer's It is unparliamentary. I ask the member to Advance. withdraw it. 30 Oct 1997 Questions Without Notice 4071

Mr T. B. SULLIVAN: I will withdraw. result—and Queensland has maintained its Mr SPEAKER: When the member lead of having the shortest Category 1 waiting interjects, he will refer to the honourable times in Australia. member as "the Premier", not as "Borbidge". Mrs Edmond: That's because you can't Mr BORBIDGE: That is about the get on the list. standard that we have seen from the Labor Mr BORBIDGE: The Labor Party's five Party this morning. I would not expect any new lies document deals only with waiting lists better from the honourable member. for emergency patients. It says nothing about They will fund extra police beats through elective surgery waiting lists, which 75% of cutbacks in Government advertising. I Australians say is their greatest concern about indicated earlier this week, and I provided the the public hospital system. How can there be a Parliament with the figures, that we are waiting list for accidents and for emergencies? spending considerably less on Government Mr Elder interjected. advertising than the previous Labor Government spent. As I detailed to the House Mr BORBIDGE: The Minister who gave us earlier this week, Labor spent $6.9m on the longest waiting lists in the country has the advertising in calender 1994 and $7.2m in nerve to say that his Government would calender 1995 compared with $5.9m under reduce the waiting lists. the coalition in calender 1996. The document goes on about helping The first three initiatives in this latest kids with special needs. Let us deal with that compendium of Labor lies will be financed by particular issue. The Labor Party is going to minus $105m—deficit funding. Once again, fund that by not holding wasteful Government from the Opposition Leader who gave us a inquiries. Let us look at the Labor Party's massive spending overrun in Health, whose record on inquiries. The Public Sector Government gave us a $400m black hole in Management Commission was a standing workers' compensation, which we are rapidly review machine. Every State Government filling, and from the party that left the State department went through the Coaldrake with an underlying Budget deficit of almost wringer in one of the most dysfunctional, $200m comes a promise of more of the same. disruptive, unproductive rolling review No wonder the Leader of the Opposition will processes ever devised in this country at an not rule out a fuel tax and no wonder he wants annual cost of $8m each and every year. Let to borrow for capital works; his jobs and police us not forget the Office of the Cabinet, initiatives will be funded by minus $105m. And another rolling inquiry machine that cost so on it goes. Queenslanders another $8m each and every year. That office had such stunning outcomes The next Labor lie concerns Health, as stalling the north west minerals province, where Labor's ability to lie is well established. not making decisions anywhere and writing No honourable member can or should forget policy initiatives such as trying to close down the infamous claim of privatisation of public one third of the Queensland Rail system. hospitals which a desperate Labor Party Between them, the PSMC and the Office of resorted to in the dying days of the last the Cabinet consumed over $100m of campaign. taxpayers' money. Mrs Edmond: Tell us about Robina. In conclusion, let me quote from the Mr BORBIDGE: The pledge from the record in relation to helping kids with special Leader of the Opposition, believe it or not, is needs. Special education funding under Labor to reduce waiting times. This is from the was $164.8m; under the coalition it was Government that gave us the longest waiting $223.3m, an increase of $58.5m or 35% in times of any public hospital system in under two years. Funding for specialist Australia. When the coalition came to power, teachers for students with special needs under Queensland had the longest elective surgery Labor was $2.590m and under the coalition it waiting lists in the country. Eight months later was $2.832m, a 9% increase in just two years. Queensland went from having the worst Teacher aide hours for students with special Category 1 waiting lists to now having the needs under Labor was 25,800 and under the best. Under the Government's Surgery on coalition was 33,948, an increase of 31% or Time program, the Category 1 elective surgery 8,148 hours in just two years. The record long wait list has consistently been kept well speaks for itself. Labor's campaign of lies has under 5%, the original coalition target. started and our record any day totally devours Currently, the figure is 3%—an outstanding its record. 4072 Questions Without Notice 30 Oct 1997

Gun Buy-back Scheme from the start when the Federal Government Mr ELDER: I refer the Police Minister to took $500m out of Medicare to add to the the blistering attack on Queensland's gun buy- $18.25m that the scheme costs to administer back scheme by the member for Burdekin in in this State. There is no doubt that the the North Queensland Register on 9 October scheme did cause disruption to honest, in which the Premier's representative in north decent people. We have tried to make it as Queensland claimed that "because of the commonsense and practical as we possibly impractical requirements of the scheme, many can for the benefit of those decent people people are now alienating or in conflict with the who are affected. law" and then blamed the Federal Mr BARTON: I rise to a point of order. Government for the situation. I ask: does the The Minister knows full well that we gave him Minister agree with the assessment of the genuine bipartisan support for the scheme, member for Burdekin, or does he not have the but he also knows that the buy-back scheme heart to tell the member that he is aiming at has been rorted shamelessly. the wrong target because the Minister, not the Mr SPEAKER: Order! There is no point of Federal Government, was the author of order. Queensland's gun laws under which the gun buy-back scheme is administered? Mr COOPER: That was an absolutely ludicrous point of order. We know that we Mr COOPER: Again, it is interesting to have made these laws as practical and as hear the hypocrisy coming from the other side sensible as we possibly can. We will continue of the House. Can honourable members to do that to ensure minimal disruption to guess which party had to attach itself to our those people who enjoy the pursuit of coat-tails because it was not game to do shooting, be they recreational shooters, anything and did not have the courage of its occupational shooters, rural people or people convictions? Everyone knows that the gun who are members of gun clubs, rifle clubs and buy-back scheme has been a very difficult pistol clubs. This scheme has been extremely issue right the way through, from 28 April disruptive to those people, who should be able when it first arose to 10 May when those to get on with their sport. We will continue to resolutions were reached in Canberra. Once I make the scheme as reasonable as we saw the 11 resolutions in Canberra I, too, possibly can so that they can do that. The wondered how on earth we were going to members opposite should understand, but, of make legislation out of them. It was a very course, they do not. They do not know difficult task and, yes, it is true that those anything about firearms. resolutions were reached by people who obviously did not know much about firearms at Mr Schwarten: You should take Valium. all. Mr COOPER: Do you want to interject? What sort of support have you given to the It was a case of we in Queensland trying firearms people? None! to make sure that we catered for the honest, decent people out there who enjoy shooting. Mr SPEAKER: Order! The Honourable A lot of people enjoy playing golf, tennis, Minister will refer to members by their cricket, vigoro and all sorts of things, and they electorates, not by the word "you". should be allowed to do that. I know that Mr COOPER: I know darned well that the vigoro is the Leader of the Opposition's member for Rockhampton has done little or favourite sport. Gun clubs, rifle clubs and pistol nothing to help the decent, honest shooters clubs should be allowed to get on with their out there. I do not care who knows it. The business, and all of those people who enjoy world is going to know how little the member shooting should be allowed to get on with their did. He could have helped the sporting sport. Those clubs are run by honest, decent shooters in his electorate, but there was no people. They run probably the strictest and way that he was going to do anything for most disciplined sporting event of all. One them. He was not going to help them one little does not hear of many accidents, if any, on bit. It has been left to the members on this rifle ranges because the operators are strict, side of the House to defend and support as are the operators of gun clubs and pistol those people, and we will continue to do so. clubs. It has been an enormously difficult task The members opposite have gun clubs in from 10 May right through to now. We their own electorates and they should be recognise that there has been a tremendous looking after them, not raising stupid issues influx of people applying for licences. We such as this. The gun buy-back scheme is a introduced a six-month extension so that their massive scheme. It was a huge thing right applications can be processed. We wanted to 30 Oct 1997 Questions Without Notice 4073 ensure that they are legal right now, and that Veterans' Affairs. The Department has is the way it is going to stay. We have done an continually expressed its delight at the enormous amount of work to try to success of these privatisations." accommodate those people, and we will He then goes through other things that the continue to do so. If the member for hospitals have achieved. He then says— Rockhampton wants to start making these sorts of interjections, I will let everyone in this "All parties affected by the place, the readers of Hansard and everyone privatisation—staff, Commonwealth else know just how little support he has given Government, University of Queensland his constituents. and most importantly, the veteran community are delighted with the results achieved by Ramsay Health Care." Hospital Privatisation He concludes— Mr CARROLL: I refer the Honourable the "I believe the private sector has Deputy Premier to claims in today's newspaper much to offer in health care and thank that the member for Mount Coot-tha had not you for your support." found one example of a successful transition from public to private hospitals. I also refer to Mrs Edmond: We support private that member's criticism of Australian Hospital companies. Care Limited, the manager of the existing Mrs SHELDON: Let us get the facts right: Latrobe Hospital in Victoria. I ask: can the the honourable member dumped all over Deputy Premier inform the House of the real them yesterday. I would now like to turn to the facts? comments made by the member for Mount Mrs SHELDON: I thank the member for Coot-tha in her criticism of Australian Hospital his question. It would delight me to give some Care Limited, the organisation which she was of the true facts about the situation. It seems dumping all over in its operation of the Latrobe that the Opposition Health spokesperson is Hospital in Victoria. suffering from a malady known as clue deficit Mr Hamill: It's not operating. syndrome. Her bleatings in recent days have shown just how clueless she really is when it Mrs SHELDON: The honourable member comes to the hospital system. People in the should listen. From what the member says, I hospital system are currently laughing at her. I know he does not listen. I am talking about would like to cut through her hysterical the comments the member for Mount Coot- hyperbole and look at the facts. tha made concerning the existing regional hospitals. First of all, I would like to read a letter that I have received from Mr Robert Glynn, general Mr Hamill: Not the one you thought manager of the Greenslopes Private Hospital. existed. Mr Glynn is very concerned about the Mrs SHELDON: I will get to that. The disparaging comments the member for Mount Victorian State Government projected a loss of Coot-tha made about private hospital care. I $2m in 1996-97 for the hospital that the will not read the whole letter, but I will table it. member for Mount Coot-tha was speaking He speaks of the hospitals which, under about yesterday. I will read out the facts Ramsay Health Care, have been highly contained in a letter regarding the hospital. It successful. He writes— should be clearly said that that hospital had to "Dear Mrs Sheldon, go through a process where the three existing local hospitals were amalgamated and the I write in response to an article care was given under one regional hospital. published in the Courier-Mail today which The hospital's facilities are ageing. questioned the success of all privatisations in the Health Care Sector in Australian Health Care Limited assumed Australia. I refer, of course, to the former management of the existing hospital on 3 Commonwealth Repatriation Hospitals in February 1997. After five months of public Perth and Brisbane which were sector operation AHC managed to limit the purchased and subsequently operated by loss for the year to less than $1.8m, Ramsay Health Care." significantly bettering the State Government's forecast. For the first time, this loss includes He goes on to say— provision for long service leave for the "The savings over the life of these employees—the workers that those opposite contracts have been estimated in excess say that they look after. In fact, AHC's of $200 million by the Department of management has been so successful that for 4074 Questions Without Notice 30 Oct 1997 the first time the Victorian Auditor-General did reasons the Government chose to not qualify the hospital accounts. consolidate services on one site." Mr Elder: It's better than the State He goes on— accounts here, then. "I am also happy to report that Mrs SHELDON: In fairness, I will read and construction of the new Latrobe Regional table the letter that I have received from AHC. Hospital is currently substantially ahead of The letter reads— schedule." "Dear Treasurer, Mr Elder: You don't know what you're I am aware of the questions asked talking about. during the last two days Question Time in Mrs SHELDON: I will read the comments the Queensland Parliament in relation to I made during the Estimates hearings so that the Latrobe Regional Hospital project in they are put accurately on the Hansard record. Victoria and your commendation of the With respect to the new Latrobe Hospital, economic model. Australian Hospital Care Limited, the preferred Comments made by the Opposition proponent for the new Latrobe Regional Health Spokeswoman, Ms Wendy Hospital, has accepted full commercial risk of Edmond, contained some inaccuracies"— the project, including construction risk, financial risk, changes in financial costs, and inflation, surprising, that— etc. These are borne by the proponent. With "which I would seek to correct. regard to full demand risk, if there are no The comparison of an operating patients through the doorway, AHC does not surplus in 1996 with a $1.8M deficit in get paid. It has accepted case mix risk. If the 1997 is just not possible. Changed funding mechanism for the public hospital accounting methods and vastly different moves over time, AHC will be subjected to the employee entitlements, including an changed regime. That is, it takes full risk on additional $1.2M in long service leave the prices it receives for services delivered to provisions make comparisons Victorian Health. It also takes on full ownership nonsensical." risk. AHC must maintain the facility, ensure the provision of reliable services and be a full risk Mr Elder: Is he going to do the Treasury for obsolescence. This will be the case for the books? full economic life of the facility which will Mrs SHELDON: I know that the remain under AHC ownership. honourable member has trouble with figures, The Victoria Auditor-General has reported but if he listens, he will work it out. The letter on the Latrobe Hospital arrangement and said continues— that the clear risks have been substantially "... including an additional $1.2M in long transferred to the private sector. The Auditor- service leave provisions make General is satisfied with the arrangements comparisons nonsensical. entered into by the Victorian Government and However, what can be pointed out is AHC. The Victorian Treasury has reported that that the hospital's performance was the process has resulted in substantial and ahead of Government expectations as acceptable risks transfer and a contracted cost detailed in the Government' Business which is below the benchmark cost for Plan for Latrobe Regional Hospital. In comparable public sector service delivery for a fact, Australian Hospital Care Limited greenfield hospital. management reduced the deficit by Mr Livingstone: Come on, we're asleep, approximately $250,000 from the July Joan. 1996 hospital forecast of a $2M deficit. It Mrs SHELDON: When we have a should also be pointed out that this was member who misrepresents the facts, they achieved in less than five months since must be cleared up. I would like to finish by AHCL only took on the Interim reading into Hansard the comments I made Management from February 1997. All during Estimates committee hearings. In that throughput targets set out in the Business way it can be very clearly seen where we were Plan were achieved. The apparent coming from. deterioration in the operating result in accordance with the budget prepared by Mr Hamill: It isn't built. the Government was caused by the Mrs SHELDON: The honourable member ageing facilities and duplication of service does not want to hear the facts, does he? I provision. These were in fact the two key quote from part of the Hansard record— 30 Oct 1997 Questions Without Notice 4075

"When developing the Robina and Interfinancial Ltd to take over and operate the Noosa Hospitals, the Government will training centre? Is it also true that the deal benefit from the experience of the allows the consortium to buy Deagon delivery of public health services by the racecourse in five years' time for just $5m, private sector in other States. The Health despite the complex being valued at $8m by Minister has been going through this in the Lands Department in 1994, and subject to some detail. For example, Latrobe an earlier offer of $12.5m by the former Regional Hospital is a private sector company McDonnell and East? Why should built"— that valuable international training facility not Mr Hamill: "Built"? remain under the ownership of the Queensland racing industry or, at the very Mrs SHELDON:—"built, owned and least, why has the centre not been put out to operated project in Victoria." public tender? Mr LIVINGSTONE: I rise to a point of Mr COOPER: The short answer is that no order. They have used too much Valium in the deal has been done. As far as the Racing water. Industry Training Centre is concerned—yes, Mr SPEAKER: Order! There is no point of we support it. It is going extremely well. As the order. member probably knows, about 75 or 77 Japanese trainee jockeys are coming in from Mrs SHELDON: I stated further— Japan. Last year, about 44 or 45 were brought "It serves as a useful benchmark for in, generating about $2m or $3m for the how to achieve real efficiencies for the economy. private sector delivery of public health An Opposition member interjected. services. In this case, the private sector is taking full market risk, except for Mr COOPER: I am coming to it. A few emergency care. It will deliver services members might not understand this, and I below the most efficient public sector thought that this would be a good opportunity cost." to talk about the training centre. It is a good idea. We want to expand and improve it in any At the other end of the spectrum, I spoke way possible, making sure that the racing about the Port Macquarie Hospital, which was industry itself is the beneficiary, together with not delivering that. those people involved in it, whether they be An Opposition member: Oh, come on! jockeys, people who want to do riding work or Mrs SHELDON: The member just does whatever. It is working successfully. There are not want to hear the real facts. I will table this also some jockeys from central Queensland at document and have it incorporated, if I may. the training centre. It is not just for international jockeys; it is for domestic ones as Finally, I do hope that the Courier-Mail will well. People in harness racing have also been print in detail the full facts, as it has been only involved, and that will continue. too interested in what was happening in a Victorian hospital. I believe that the centre is doing a lot for the racing industry. Why on earth would we Mr SPEAKER: Order! The Minister will want to do anything that might be detrimental conclude her answer. to it? We do not. There are certainly people Mrs SHELDON: I am, Mr Speaker. This who are interested in the concept, and we are Government supports the private provision of continuing to talk to them. That is aboveboard. public services where they are appropriate. There will be opportunities for any investors Indeed, we expect to achieve savings of who want to make that a better program. If it between $20m and $35m over 20 years with can be done in the best interests of the racing the private provision of health services to the industry, then it will be done. The member can Noosa Hospital. have a briefing on this any time he likes.

Racing Industry Training Centre, Deagon Cairns City Council Offices Mr GIBBS: I refer the Minister for Sport to Ms WARWICK: I refer the Minister for the Racing Industry Training Centre at Deagon Environment to representations that I have racecourse, established by the former Labor made to him on behalf of Cairns residents Government, for Queensland and foreign regarding speculation concerning the site for students to be taught all facets of the racing the Cairns City Council's new offices, and I industry, and I ask: is it true that the Minister is ask: can the Minister advise the House of the finalising a deal for a private consortium called current status with regard to possible 4076 Questions Without Notice 30 Oct 1997 contamination issues raised by those Cairns getting a prison, and I ask: is it not true that residents? the Minister is promoting building a prison in Mr LITTLEPROUD: I have some almost every town he visits and, so far, he has comforting news for the honourable member promised a prison for Warwick, Roma, for Barron River. Following her representations, Chinchilla, Dalby, Inglewood, Goondiwindi, I made contact with the Cairns office and, Stanthorpe and now Maryborough? Is the subsequently, with the Contaminated Sites Minister going to build eight new prisons, or is Section. The member is correct. Allegations this just another example of him building up have been made that, during the wood false hopes for people in country towns with treatment processes that were formerly promises that he has no intention of keeping? conducted on that site, a substance called Mr COOPER: No promises have been CCA, which is made up of copper, chrome and made about new prison sites. Certainly a large arsenic, was used in treating the wood. number of districts and shires have expressed Obviously, when the word "arsenic" is an interest in them. They have expressed that mentioned there is always some sensitivity to interest because of the massive downturn in it. the economy over a long period, particularly in the rural sector, because of drought and low I can tell the member that the levels of commodity prices. Those districts and shires arsenic on the site have been tested, and that are willing to put up their hands and have a go soil is no different from other soil samples at getting a prison. We will not discourage taken around Cairns. The Cairns City Council them if they put up their hands and say, "Yes, has been cooperating with my department. It we want to have a go." Esk, Crows Nest, had an independent consultant prepare a Goombungee and Yarraman have expressed report on the state of the site in terms of interest. The list goes on. I could certainly add contamination. The site contains a number of to the member's list. lots. The Contaminated Sites Section of the department has looked very closely at the We call this SEQ2. No money has been independent report and made its own allocated in the Budget for the acquisition of assessment. Now, all lots on that site have a those sites, but eventually there will be restricted status. because, unfortunately, we have to keep building gaols. The people in those shires The member would be aware that recognise the need for an economy boost. If yesterday I introduced into the House they can obtain employment for their residents legislation that will amend the current and some involvement in the building of a new contaminated land legislation. I assure the prison, how could we blame them? The member that all actions being taken by the member spoke about the Mayor of Roma. Of Cairns City Council are meeting the course, Roma is in there having a go. Why requirements of my department. The people should it not be? So are Warwick and of Cairns have no need to be worried about Inglewood. any contamination on that site. Some comments have been made about Mr Dollin: And Maryborough. contaminated soil being taken off site. That Mr COOPER: Maryborough has had a was not the case. I understand that soil will be go, too; that is right. It is interesting to see placed on that site to a depth of something these people putting up their hands, and it like 1.5 metres, and that a lot of the soil that is does make the job a lot easier. But when it coming out of where they are digging the piers comes to selecting a site, it will be up to a for the foundations will be used as fill on the selection panel—a team—to make sure that site. There is an assurance from the they get all of the facts and all the Contaminated Sites Section that all actions qualifications right. That is what is going to taking place on that site are in order and that happen. the contamination allegations have no As to my comment about three 200-bed substance. prisons—I believe that should be considered. If it is too expensive, quite obviously we cannot do it. But these things should be Construction of New Prisons circulated for comment, and they are. No Mr BARTON: I refer the Minister for Police individual place has ever had a promise from and Corrective Services to media reports that me that it will get the new prison. I have met quote Roma Mayor Don Hatchet as saying with them. The QCSC people have been sent that the Minister favours three small prisons in out to talk to them and tell them what a gaol is country Queensland instead of one large one all about—be it a 600-bed or a 200-bed and that this boosts Roma's chances of prison. Those things have to be assessed, 30 Oct 1997 Questions Without Notice 4077 and those assessments will be undertaken. Mr Barton: He looks like one that's The member will know the cost, as will escaped. everyone else. If it is too expensive to do the Mr SPEAKER: Order! The interjection three 200-bed prisons, then we will have to does not escape me. I now warn the member make a decision in the public interest. If it is for Waterford under Standing Order 123A. too expensive, then it will not proceed. But those ideas should be out there, and they are Mr COOPER: He is blushing. Does the going to be out there. honourable member know why he looks like that? He got a "crop a cop" for a very, very This Government is going to continue to good cause. Obviously, the member would not promote these concepts because, when be in that. I say to the member for Waterford: building another gaol, there is every please don't do it. I could not bear the sight of opportunity to try to get it right, or spread it him. It is difficult enough to bear to look at the around a bit. If we can do that, fine. If it is too member now without his having a bald head. dear, then it simply will not happen. The member will be able to see all the applications. Mr SPEAKER: Order! Very shortly we will be sending letters to all the Mr COOPER: He asked for it, Mr shires that have put up their hands. Close to Speaker. I cannot help it if he provokes me. I 20 shires and districts have put up their hands. do not agree with the member for Waterford We will be letting them know exactly what is when he says that the member for Albert looks required of them, so that everyone will be on a like an escapee. I think he looks like a fine sort uniform basis—a level playing field—and of fellow. I hope one day, when his hair grows everyone will know what is required of them. If back—— Roma can come forward with some good Mr SPEAKER: Order! We will not take a innovations, fine. But Inglewood and Esk vote on it. The Minister will answer the might, too. Who knows? It will all be open so question. that everyone can see it. All of those people have been open about their desire for a Mr COOPER: Back to Numinbah, because that is where the 25-bed low and prison. open facility is now complete. On Tuesday we Once upon a time, we did not have a started to move to that facility the low and hope of getting a prison site in a rural open category prisoners from the Brisbane community. Now the rural sector is looking for Women's Boggo Road facility. It is the first industry of any kind. As members probably time in this State that a low and open facility realise, a 600-bed gaol has about 250 staff, has been constructed for female prisoners. costs about $70m to build and has That is a milestone and it should be approximately $17m or $18m recurrent recognised as such. About eight prisoners expenditure every year. That is attractive. If went in on Tuesday; the rest are going in that can be cut into three and spread around today. That will alleviate the overcrowding at a bit, that may even mean better prison Boggo Road. management. Even if those figures are cut by This State has never had facilities of that three, there are still benefits. If I were classification for female prisoners to be moved members opposite, I would not knock it; I to. It has always been high security at Boggo would be trying to support those people, which Road. Males can be classified high security, is exactly what I am trying to do. medium, low and open. They can get onto the WORC scheme. That is something that Women's Prison Farm, Numinbah women have been able to do at Warwick—a scheme which was commenced during the Mr BAUMANN: For the information of the time of the previous Government. That House, particularly the member for Waterford, scheme is proving to be very successful. It could the Minister for Police and Corrective shows that it can be done. Honourable Services and Minister for Racing inform the members may recall that about 13 prisoners House of the progress regarding the women's are involved in the Warwick program. That is prison farm being built at Numinbah? working extremely well. We want to make sure Mr COOPER: I am very, very happy to do that we expand those programs. Females are so. I know that the member for Albert has just as entitled as males to have a low and taken a lot of interest in this—— open security facility. The first of its kind is at Numinbah. I believe that that is the way to go. Mr Barton: He looks like one. That is the sort of thing that we should expand Mr COOPER: He looks like what? What on. Some sensible members opposite are did the member call him? nodding, because they know very well what I 4078 Questions Without Notice 30 Oct 1997 am talking about. At times we have worked proposition that the Government favours is, closely together on this particular issue. I am very obviously, a broad-based tax, namely, an quite happy to continue to do so, because income tax. We believe that the best position overcrowding is occurring at the Brisbane this State can have—— Women's Prison. Overcrowding is not the only Mr Hamill: "A broad-based indirect tax". issue. As I have said, never before in Queensland's history have female prisoners Mr SPEAKER: Order! The member for been able to be housed in facilities with that Ipswich! sort of classification. Today is a very Mrs SHELDON: If I may answer the auspicious day in that regard. question, we believe that the best position is for our State to have a fixed share of the income tax that is collected by the Federal Consumption Tax Government with a growth factor incorporated Mr HAMILL: I refer the Treasurer to her within that. Then we can return to the Federal refusal yesterday to clarify exactly where she Government some of the taxing powers that stands on the introduction of a broad-based we currently have, which I think are pretty consumption tax. As she indicated on page 8 iniquitous, such as payroll tax and gaming tax. of the Queensland position paper on national I do not think they are good taxes; however, tax reform that "A broader, less distorted because there is such a poverty of taxes that national indirect tax system is desirable", and a State can impose, we are limited to a very as the introduction of a 12% goods and few. The Premier will be speaking to the other services tax was proposed at the Queensland State leaders tomorrow. He and I will be going National Party central committee meeting in to the Premiers Conference and COAG next Proserpine at the weekend, I ask: what does a week, where we will be discussing our position broader, less distorted national indirect tax with the Premiers and Treasurers around the mean if it is not a GST by another name? nation, with the Commonwealth Treasurer and Mrs SHELDON: I thank the honourable with the Prime Minister. That is the correct member for his question. I see that the forum in which those discussions should take Opposition is endeavouring to beat up a bit of place. fear on this issue. There is no issue. They beat up the fuel issue and allowed petrol stations to Base Load Power Station, Townsville increase their prices and gave them a reason to do so. People are paying more for their fuel Mr TANTI: In view of the ministerial because of what the members opposite did. statement of the Minister for Mines and The irresponsible actions of the—— Energy this morning outlining the plans of the Stanwell Corporation and its joint venture Mr Elder interjected. partner, Destec Energy Incorporated, to Mr SPEAKER: Order! The honourable establish a 766 megawatt base load power member for Capalaba! I heard that remark. It station in Townsville, can the Minister outline is unparliamentary. I ask him to withdraw. to the House the difference between the Government policy for the electricity industry Mr ELDER: I withdraw. and the recently announced policy of the Mr SPEAKER: Order! I call the Deputy Opposition? Premier and Treasurer. Mr GILMORE: I thank the honourable Mrs SHELDON: Thank you, Mr Speaker. member for his question. I recognise the The Leader of the Opposition and the Deputy efforts of the honourable member and the Leader of the Opposition went on a fear member for Burdekin in particular in respect of tactics campaign up and down Queensland, this project. The effort that they have put in putting fear into the hearts of ordinary must not go unremarked upon. Yesterday the Queenslanders and rural Queenslanders. As honourable the Leader of the Opposition and regards fuel—the Government is returning his erstwhile spokesman for Energy spent every cent to the fuel companies. quite some considerable time in a debate on Mr Hamill: What's a broad-based indirect the Gladstone Power Station Agreement tax if it isn't a GST? Amendment Bill—not speaking on the Bill, but launching their latest energy policy. During my Mrs SHELDON: I will answer the question response to that debate I said to the Leader as I see fit. I think that the Opposition tactics of the Opposition—and I have said it are very clear: fear, smear and untruths. before—that he really ought not take his As I said at the press conference advice from the member for Mount Isa, who is yesterday and I will repeat it today: the obviously yesterday's man. Not only ought he 30 Oct 1997 Questions Without Notice 4079 not take advice from yesterday's man but also a future in base load generation for Townsville he ought not take advice from yesterday's and, in terms of the Chevron pipeline, to man who does not know what is going on and provide a future for new industrial does not understand the issues. development in far-north Queensland and This morning it is quite clear that north Queensland. Nothing changed because yesterday's man has no idea of what is of the world's problems. happening in terms of the process of reforms This decision to put 766 megawatts of of the electricity industry and the industrial base load power into Queensland is processes that are going along to complement fundamental to getting it right in north it. Clearly he did not know that Chevron Asiatic Queensland for the future. I am very, very had called for expressions of interest for base pleased indeed to have been able to load power generation in Townsville as an announce it. attribute of the Chevron gas pipeline for Papua New Guinea. He clearly did not know that a decision was imminent. I repeat my Department of Emergency Services advice to the honourable Leader of the Consultancy Contract Files Opposition: he ought not accept information from somebody who knows not what he is Mr WELLS: I ask the Honourable the doing. As a result of the wonderful Minister for Emergency Services: can he announcement that was made this morning of confirm that sensitive file material relating to the base load power generation for Townsville consultancy contracts for his Fire Service and far-north Queensland, Labor's policy, as it review mate, Lyn Staib, went missing for a was announced yesterday in Parliament, now number of weeks in his department when they stands naked and exposed as being old, out were the subject of a CJC search? If so, how of touch and a policy that will not take this could this sensitive Lyn Staib material go State forward. missing or be tampered with in the Minister's department? This Government has been able to make the hard economic decisions. Indeed, its policy Mr VEIVERS: The short answer is that I is based on pragmatic economic decisions do not look after the files in the department so that are going to bring Queensland forward. It I would not know what the member is talking will bring far-north Queensland—and indeed, about. Let me answer this question from the might I say, north Queensland and shadow Minister for Emergency Services by Townsville—forward into the future, which the referring to a letter to the Warwick Daily News policies of the Labor Party would not. In dated Saturday, 4 October 1997. I may take respect of the electricity industry, Labor's just a little time to refer to this letter because it policies are designed to wind Queensland explains everything about the honourable backwards—as I said yesterday, backwards to member opposite. The letter is titled the future—to regulation. "Emergency response" and states— Yesterday, the Leader of the Opposition "I am writing to you with regards the said—and look at him cowering in his recent criticism of the emergency services seat—"We are going to call for tenders for the response times both locally and across provision of a power station in Townsville." In the State." response I said, "We will not interfere in the I have referred to this letter because the marketplace." The market is where these honourable member opposite has been decisions will be made. This morning we have running up and down the State of Queensland seen that the market is up and functional and saying that there is no response from working as prescribed by the changes that we emergency services—he is claiming that the have made, and I am proud to be here to be Ambulance Service is in disarray and the Fire able to say so. This morning's announcement Service is not any good—and just generally by the Stanwell Corporation and its joint scaremongering. The letter states— venture partners—— I recently had need to call the Mr Foley: A great week to talk about the Ambulance so I rang 000 not sure who or success of the marketplace. where I might get. Expecting Toowoomba Mr GILMORE: I remind the member for I was somewhat surprised to get the Yeronga that the market has somewhat officer in Charleville, however, he was recovered from its small hiccup. However, it more than helpful and dispatched the made no difference whatsoever to the choice Warwick Ambulance, then returned my of these companies to progress with power call to inform me as to this fact, he then generation into north Queensland, to provide spent time calming me down." 4080 Questions Without Notice 30 Oct 1997

This is what the ambulance people do; this is Mr VEIVERS: The member surprises me. what the emergency service people do. The Mr Speaker, I withdraw. Whether it is in this letter stated further— Parliament or in the electorates, the member "The Warwick officers then rang me for Murrumba's contribution can be described twice while en route to our house. We live only as basic, baseless and unhelpful to all almost one hour from Warwick on one of concerned in the worst possible way. He has the worst roads in Australia"— been derogatory of every service. He is not welcome in most fire stations around the State and I say to the Minister for Transport that it is because he just bags them all the time. I say not a main road; it is a local government to all the Queensland ambulance officers to road— beware the dispassionate—— "... they arrived here in just under 50 Mr WELLS: I rise to a point of order. Mr minutes. Speaker, I refer to your ruling of 30 seconds Perhaps those who live within ago and I ask that the offensive and untrue shouting distance of these services remark be withdrawn. should spare a thought for those who Mr SPEAKER: The honourable member have no choice but to be patient and has asked for a withdrawal. He has found that wait. We do appreciate the service that is remark offensive. provided and have nothing but praise for all who were concerned and with my care Mr VEIVERS: I do not know which and the great response I got when I remarks the member wants me to withdraw, needed it most." but I withdraw. The letter concludes— Mr SPEAKER: Thank you. I ask the Minister to conclude his answer. "I would like to take this opportunity to thank the Queensland Ambulance Mr VEIVERS: I say to all Queensland Service, the RFDS and the staff of the ambulance officers, and indeed Fire Service Warwick Hospital and Mater Mothers, officers throughout the State to beware of the Brisbane." dispassionate misunderstandings and the theatrical meanderings of the member for This bloke has been at this all around—— Murrumba. Mr SPEAKER: Order! The member is the I reiterate that the coalition Government is honourable member for Murrumba. strongly committed to the provision of the best Mr VEIVERS: I am speaking of the possible Ambulance Service for honourable member for Murrumba. I have to Queenslanders. This Government has say that I use the term "bloke" loosely provided more money, more ambulance because I am sick of him. He has been officers, many new vehicles and new buildings running around denigrating the great for our Ambulance Service. Let me state very emergency services in Queensland. He has clearly that I will leave no stone unturned in my indicated by hollow bleatings and even quest to secure additional funding for the theatrical beat-ups that he lacks any Queensland Ambulance Service when I can. semblance of understanding of the issues Let me also just say that, no, I do not look currently before Emergency Services. The after any of those filing cabinets up in the honourable member's most notable Department of Emergency Services. contribution to this situation has been to cast illogical, irrational and emotive slurs on Emergency Services and these great people Consumer Credit Code who work in it—hardworking officers of the Mr HEGARTY: I ask the Attorney-General Queensland Ambulance Service—— and Minister responsible for Consumer Affairs: Mr WELLS: Mr Speaker—— as the Consumer Credit Code has been operational for more than one year, can he Mr VEIVERS: Hello, I have him. inform the House about the steps that the Mr WELLS: I rise to a point of order. The Government has taken to provide funding for suggestion that I cast slurs on Emergency consumer organisations to increase Services workers is offensive and untrue and I awareness, financial rights and obligations ask that it be withdrawn. under the code. Mr SPEAKER: The honourable member Mr BEANLAND: I thank the member for for Murrumba has found that remark offensive. Redlands for that very timely question today, I ask the Minister to withdraw. National Consumers Day. I am sure that he is 30 Oct 1997 Police Powers and Responsibilities Bill 4081 aware of that as he has shown a great deal of POLICE POWERS AND RESPONSIBILITIES interest in consumer affairs. BILL This Government has been very pro- Hon. T. R. COOPER (Crows Nest— active in relation to consumer affairs. On a Minister for Police and Corrective Services and number of occasions, it has introduced Minister for Racing) (11.30 a.m.), by leave, amendments to credit legislation into this without notice: I move— Parliament. The Government is also very pro- "That leave be granted to bring in a active in educating the community not only Bill for an Act about the powers and through the distribution of material, brochures responsibilities of police officers." and leaflets but also by putting on seminars Motion agreed to. with various business groups to ensure that traders and business groups are very well aware of their consumer obligations. First Reading Bill and Explanatory Notes presented and In addition, only recently the Government Bill, on motion of Mr Cooper, read a first time. made an announcement of the distribution of some $70,000 from the Consumer Credit Fund—funds that it obtained through penalties Second Reading imposed upon people. Those $70,000 in Hon. T. R. COOPER (Crows Nest— funds were distributed to a number of groups Minister for Police and Corrective Services and in Queensland, such as the Bundaberg District Minister for Racing) (11.31 a.m.): I move— Community Neighbourhood Centre, the Islamic Women's Association at Logan City, "That the Bill be now read a second the Townsville Community Legal Centre and time." the Toowoomba Community Legal Centre, to In introducing this Bill I am sure that enable those groups to better educate their members will agree that this is landmark communities in relation to consumer rights and legislation which will have positive lasting obligations. effects well into the next millennium. It has not been a fast process. It commenced some I think that it is very important that these seven years ago, and in fact some of the groups have the ability to undertake financial people who were involved with the police counselling. Under this Government, powers legislation began that work back in Queensland has a very proud record of being 1982. very active in the enforcement area. As I have In its preparation, the Government has indicated previously in this House, when it recognised the fundamental need of the comes to imposing penalties and acquiring people of Queensland to be protected from funds through enforcements, Queensland has criminal activity. Never in the history of this a better record than even . House has there been a single piece of In the 1995-96 financial year, we had over 150 legislation containing the "bread and butter" enforcements and obtained almost $250,000, powers on which police rely to protect compared with $204,000 obtained in New members of our community. This is, to the South Wales, a State with a considerably Queensland Police Service, an effective yet greater population. This Government is very balanced means of fighting crime in our pro-active in relation to business groups and community. Effectively, the consolidation and consumer groups. rationalisation will rid police of well over 90 reference Acts on which they need to rely to Mr SPEAKER: Order! The time for find their powers. Yet the Bill is not limited questions has expired. solely to a strict consolidation of policing powers. Where it is necessary, the powers of police will be extended to adequately combat MEMBERS' ETHICS AND PARLIAMENTARY modern criminal activity. PRIVILEGES COMMITTEE At the same time I can alleviate any Matter raised by Member for Ipswich concerns that the Bill will erode the fundamental legal rights and entitlements of Mr SPEAKER: Order! I inform the House any person suspected by police of having that I have referred a matter of privilege raised committed an offence. A basic examination of by the member for Ipswich to the Members' this Bill will reveal that a person's rights are Ethics and Parliamentary Privileges irrevocably preserved and enhanced in this Committee. legislation. Indeed, where police have been 4082 Police Powers and Responsibilities Bill 30 Oct 1997 provided with what may be considered an Before proceeding to the general clauses extraordinary power, provision has been made in the Bill that I intend to address, there are for a totally independent public interest two fundamental matters that I draw to monitor to overview police operations. members' attention. The first, I am sure, may This is not a Bill which results from knee- be a matter of concern to members and that is jerk reactions to media reports on crime. Nor that there be sanctions on police officers who does it increase police powers as a result of deliberately flaunt the powers provided to any unsubstantiated request for greater them by Parliament. In passing this Bill it is to powers. Nor for that matter does it restrict be made clear that it is the intention of police powers as a result of any unfounded Parliament that police abide by any obligations protestations that police might abuse a or responsibilities that Parliament requires of particular power if it should be granted. them in the exercise of those powers. I refer to Nevertheless, I wish to leave no doubt in the clause 5 of the Bill. This is a clear statement of minds of the criminal element that no longer Parliament's intention that police officer's will the scourge of criminal activity be tolerated comply with the Bill. A failure to comply with by this Government. This Government is totally Parliament's intention amounts to a focused on ensuring the safety and wellbeing contravention of the Bill. The examples incorporated in the clause indicate the action of the majority of honest people it serves. Parliament requires for non-compliance with its Without doubt, this Bill is the most intention. These range from a minor important piece of operational policing unintentional non-compliance which may be legislation ever introduced into the Parliament dealt with as the commissioner sees fit to a of Queensland. It is the culmination of a vast deliberate criminal breach which may be dealt number of recommendations considered by with under the provisions of the Criminal Code. Government as a result of detailed research The second matter I wish to address is and community consultation. No stone has that of the responsibilities code. Clearly, the been left unturned in ensuring that this Bill is responsibilities code which will be, under consistent with community expectations. To clause 135(2), a regulation is not open to my knowledge, never before has a debate at this time. However, for the purposes Government of Queensland ensured that of accountable Government, I give an every member of the community could voice a undertaking to the House that at the considered opinion on the need to provide commencement of the Committee of the police with additional powers. Whole I will table, with the consent of the A public discussion paper was printed and Chairman of Committees, a ministerial released for comment. The contents were also statement of intent which will outline the placed on the Internet in order that it reach the substance of the proposed responsibilities maximum number of people. Additionally, code. I stress though that, for obvious public forums were conducted in every major reasons, the document cannot be a finished centre throughout the State. In fact, to ensure product. It will merely be a statement of intent a balanced approach existed when the Bill which will be subject to further consultation. I was ultimately drafted, my counterpart, the also undertake that the consultation will Opposition spokesman for Police, and a include my counterpart, the Opposition representative of the Queensland Council for spokesman on Police. Because of the lengthy Civil Liberties were invited to accompany me nature of the Bill I intend to address the key throughout the State in order that they might aspects only. be present at and, should they desire, address Roadblocks public forums. I feel reassured in introducing this Bill that the concerns of the community Currently, police have no statute power to with respect to the control of crime have been establish a roadblock for criminal offences. addressed on a bipartisan level. They must rely on the common law right to preserve life and bring offenders to justice. I am sure that members will recognise the However, the common law has not been extent to which the Government has gone to tested and thus the uncertainty of a roadblock ensure an equilibrium exists in a Bill that is power is unacceptable. Clause 24 provides essential to providing public safety in that police may establish a roadblock to stop, Queensland. This is a properly considered detain and search a vehicle in order to piece of legislation designed solely with the apprehend an offender where that person is interests of the community in mind. It is written reasonably suspected of having committed a in such a way that every member of the seven-year indictable offence, having deprived community is fully aware of their rights. someone of their liberty, having escaped from 30 Oct 1997 Police Powers and Responsibilities Bill 4083 lawful custody or who may be endangering the indictable offence and subsequently life or safety of someone else. The unarrested, the power to rearrest for the same establishment of a roadblock is an essential offence would only exist in instances of aid in ensuring the fast apprehension of a harassment or interference with a potential person wanted for a serious offence. witness, where new evidence comes to light or Additionally, where a person has been where the person is likely to fail to appear deprived of their liberty, police will be before a court. Police must take an arrested empowered to establish a roadblock to stop person before a justice as soon as practicable and search vehicles for the person. This may unless they are being detained for post-arrest involve requiring a person to open the boot of questioning or investigations, have bail or their vehicle. Although members of the have been unarrested. community may be temporarily Notice to Appear an Alternative to Arrest inconvenienced by this type of police action, I The Police Powers and Responsibilities have little doubt it will be accepted in the Bill will enable police to issue a notice to public interest. appear in court as an alternative to arrest or Search Warrants complaint and summons. Police will be able to The Bill prescribes powers and issue an on-the-spot notice where it is not safeguards for searching places with a desirable to make an arrest. While it may be warrant. In the normal course of events, police argued that the summons process provides a may enter and search a place for evidence of necessary safeguard in that a justice of the an offence after first obtaining a search peace issues the summons, a police officer warrant from a justice. The application for the may arrest a person without reference to a JP. warrant must be based on a police officer The notice, containing a short statement and having a reasonable suspicion that property brief particulars of the offence, would require a the subject of the application is on the person to appear, at a given time and date, premises or will be on the premises within 72 before a specified court. If the person failed to hours of the application being made. In appear, the magistrate could issue an arrest circumstances where a search may result in warrant, or deal with the matter in the person's structural damage being caused to a building, absence. a police officer must obtain a search warrant The adoption of this process, coupled from a Supreme Court judge before with a power to obtain the fingerprints and commencing the search. Where structural photograph of a suspect, would address the damage is done to a building, that damage current over-reliance by police on their arrest will be compensable. powers while retaining a person's right to have Unarrest a matter determined by a court. In addition, this process will significantly reduce the The Bill imposes a duty on police to number of persons taken to police watch- unarrest a person who is no longer a suspect houses. at the earliest possible opportunity. There has previously been no provision for police to Post-arrest Detention for Questioning unarrest a person. The Bill provides that where The Bill provides for post-arrest detention the holding of the person in custody is no for questioning. This alternative to arrest is in longer necessary and it is more appropriate to the spirit of the commission of inquiry into issue a notice to appear or summons, then Aboriginal deaths in custody. Police will be police have an obligation to release the able to detain people for questioning in person. Unarrest provisions are ruled out in relation to an indictable offence for a period of instances where the arrest was necessary to no more than four hours within an eight-hour apprehend a person in the first instance or detention period that includes time out for because of the serious nature of the crime— allowing the suspect to speak to a lawyer, for example, murder, robbery, rape, drug receive medical attention and time spent on trafficking, multiple burglary offences of use or some investigative procedures. Any extension threatened use of a firearm. of the detention period would have to be In cases where charges are to proceed approved by a magistrate or prescribed justice for an offence, release from custody may be of the peace upon satisfying certain specified satisfied by a bail undertaking or notice to conditions. appear. In providing the power to unarrest, the The questioning period may be extended ability to rearrest the person for the same for a reasonable period not exceeding eight offence is restricted. The legislation provides hours at a time. A second or subsequent that where a person was arrested for an extension to the questioning period may only 4084 Police Powers and Responsibilities Bill 30 Oct 1997 be authorised by a magistrate. Safeguards and the effectiveness of conventional include— policing; the arresting officer having reasonable the duration of a warrant is to be grounds to suspect the person had restricted to a maximum of 30 days and committed an indictable offence; extensions are permitted on approval of a preservation of the right to silence and judge. requirement for police to advise detainee Judges may order the destruction of any of that right; recordings not relating to the offence electronic recording of interviews, mentioned in a warrant. inadmissibility of admissions and Tracking devices would only be available confessions not electronically recorded; for investigation of indictable offences. A the right for the detainee to have an magistrate may authorise the installation of a interpreter or legal representation or other tracking device on a vehicle or other moveable desired person in attendance; and object where installation did not require covert a requirement for police to inform the entry into a building. Where entry to premises person of the right to telephone a lawyer, was required, a warrant would have to be friend or relative. authorised by a Supreme Court judge. The judge or magistrate would be able to impose Tracking, Listening and Surveillance Devices conditions, limitations and restrictions Police will be able to add tracking, considered necessary in the public interest. listening and surveillance devices to their Police also will have the power to use armoury for the investigation of serious crime visual surveillance devices on private property under strict conditions. But warrants for the investigation of serious indictable authorising use of the devices will only be offences, subject to approval by a judge, and available for serious indictable offences which with strict safeguards. A commissioned officer involve serious risk of injury or actual injury or will be able to use surveillance devices in life- actual loss of life; serious damage to property threatening situations without the need to first when lives are endangered; serious fraud; obtain a warrant in instances where there is serious loss of revenue to the State; official risk to life or serious injury, for example, in a corruption; serious theft; organised crime; hostage situation. conduct relating to prostitution or SP bookmaking; child abuse, including child Covert Search Warrants pornography; and drug offences punishable The Police Powers and Responsibilities by 20 years' or more imprisonment. Bill will enable police to apply to a Supreme The use of listening devices is currently Court judge for a warrant to covertly enter authorised under the Invasion of Privacy, premises to gather evidence of specified Drugs Misuse, Commissions of Inquiry and organised crime activity, for example, to enter Criminal Justice Acts. Under the Police Powers a building where an illicit drug laboratory is and Responsibilities Bill, the installation of a believed to be producing a dangerous new listening device would be restricted to the "designer" drug such as fantasy. Applications place specified in the warrant. Under certain could be made only by a commissioned officer circumstances, one warrant may cover the use when there were reasonable grounds to of a device in a number of locations within a suspect that entry could provide evidence of specified class, for example, a rental car or organised crime offences. In considering an motel room, with the approval of a judge. The application for a warrant, a judge would have power to use a listening device is balanced by regard to the gravity of the matter being strict safeguards which adequately protect investigated; the extent to which the against unnecessary interference with an prevention or detection of the offence being individual's civil rights. Safeguards include— investigated is likely to be assisted; the extent to which police have or can use conventional use of devices will be restricted to serious policing methods and their potential indictable offences; effectiveness; and any submissions made by an application for use of the devices must the monitor. be made by an officer of the rank of The judge would be required to be inspector or above; satisfied that execution of a search warrant a warrant can only be issued by a with the knowledge of the occupier or owner of Supreme Court judge, upon satisfying the premises would be likely to frustrate the specified conditions, including the gravity investigation before issuing a covert warrant. of the offence, privacy considerations, Covert entry without alerting the offenders 30 Oct 1997 Integrated Planning Bill 4085 would enable evidence to be gathered and prevent breaches of the peace, enabling a the investigation to continue so that the Mr greater enjoyment and feeling of safety in Bigs of organised crime may be apprehended public places. The powers also provide police and not just the small fish. A covert search with an alternative to arrest, diverting people warrant would remain in force for no longer from the justice system. than 30 days, and where practicable the As is currently the case, the authority covert search would be videotaped to protect given to police under this section of the Bill will all concerned, including police, from not apply to lawful demonstrations under the allegations of evidence being planted. Where Peaceful Assemblies Act. The right to rally a judge issued a warrant, the applicant police peacefully is unquestionably preserved. Under officer would, within seven days of the this Bill, police would be able to direct people execution of the warrant, furnish a written to leave an area if they suspected on report to the issuing judge bringing any reasonable grounds the person or persons evidence seized, photographed or videotaped. were causing apprehension to people leaving Evidence gained in accordance with exercise or attending a place; were unnecessarily of the power would be admissible in future obstructing, hindering or impeding others proceedings for a serious offence. attending or leaving the place—interfering with Public Interest Monitor trade or business; are or have been behaving in a disorderly, offensive, threatening or All applications for and the use by police indecent manner; or are or have been of surveillance and covert search warrants will disturbing the peaceable and orderly conduct be scrutinised by a special Public Interest of any event, entertainment or gathering within Monitor. Where necessary, the monitor will the place. The officer giving the direction will overview the hearing of an application for a be required to advise the person of the basis warrant before a Supreme Court judge, ask on which the order was given. questions of the applicant officer and make submissions to the judge hearing the There are many other provisions of the application. The monitor provides an additional Bill governing police powers and and independent safeguard in the processing responsibilities that have not been mentioned of applications by testing police evidence because of time restraints but which are through cross-examination. The person will equally important. Two that I would like to monitor police compliance with the Act and the briefly mention are as follows. The Bill responsibilities code relating to the use of preserves the right to silence, and includes a surveillance devices and covert search new legislative requirement that officers supply warrants and will also be required to report their identifying particulars upon request. Each breaches to the Commissioner of Police. The member who supports this Bill can feel proud monitor will also compile statistics on the use that they are representing the interests of the and effectiveness of surveillance devices and law-abiding people they serve. covert search warrants and report annually to A number of people have been involved the Police Minister, who will be required to in the preparation of this Bill, which has taken table the report in Parliament. some time. In particular, I mention Chief Consolidation of Breach of Peace Power Superintendent Doug Smith, who started work on this legislation in 1982. That is a long time The new Bill consolidates existing law ago. I commend his work. Also, former relating to breaches of the peace and gives Assistant Commissioner Frank O'Gorman is police the power to direct troublemakers away one of many people both from the from schools, child-care centres, railway Queensland Police Service and my office who stations, shops, licensed premises and other have devoted themselves over the past 18 notified areas. Police already have the power months that we have been in Government to to act to prevent a breach of the peace and to bringing this legislation to the House. I move people on in certain circumstances. commend the Bill to the House. However, the extension of police powers to Debate, on motion of Mr Barton, include a general move-on power has been adjourned. specifically rejected. The Governor in Council may declare a prescribed area a notified zone on INTEGRATED PLANNING BILL recommendation of the Minister and following Hon. D. E. McCAULEY (Callide—Minister an application from a local authority or other for Local Government and Planning) Government entity. Police will be able to direct (11.50 a.m.), by leave, without notice: I people to leave these specified places to move— 4086 Integrated Planning Bill 30 Oct 1997

"That leave be granted to bring in a The complexity of the current Bill for an Act for a framework to integrate development approval system is highlighted planning and development assessment by the difficulties encountered by applicants in so that development and its effects are obtaining approval for sometimes quite routine managed in a way that is ecologically development. Even relatively straightforward sustainable, and for related purposes." development can become derailed in a myriad Motion agreed to. of overlapping and duplicating procedures. Suffice to say local government, business and the community alike have continued to First Reading express concern about the complexity and proliferation of development regulation in Bill and Explanatory Notes presented and Queensland. Bill, on motion of Mrs McCauley, read a first time. Calls for reform of the planning and development system have grown progressively louder. When I tabled the draft of this Bill on Second Reading 28 August 1997, I outlined the consequences Hon. D. E. McCAULEY (Callide—Minister for business and investment in Queensland if for Local Government and Planning) we did not respond to the challenge to (11.51 a.m.): I move— modernise our planning and development laws. I do not propose to repeat what I said "That the Bill be now read a second then. I do however invite members to refer to time." that speech if they wish to refresh their Today I have much pleasure in bringing memories as to the reason the Government forward to the House this landmark legislation. has embarked on such a fundamental The Integrated Planning Bill delivers to overhaul of the existing planning and Queensland state-of-the-art planning development system, the broader policy legislation. It will provide our State with the objectives behind the reforms contained in this best performing development assessment legislation and the main features of the Bill. system of any State in Australia—best Since tabling a draft of the Bill, I am performing in terms of its efficiency and the pleased to report to the House there has been quality of the decisions it delivers. continued strong support for the concept of an The origins of Queensland's current integrated and streamlined development planning and development assessment approvals system and an integrated whole-of- legislation can be traced back to the 1930s. Government approach to land use and While the legislation has been amended over infrastructure planning. The Bill I am many years, the basic structure and approach introducing today has been further refined as to development that underpins the current a result of the many helpful submissions system has changed little in that time. In received since the tabling. recent years there has been increasing The coalition Government has developed community pressure to deliver more livable the policy setting for the Integrated Planning communities and a better quality of life. At the Bill, taking into account the intergovernmental same time there have also been demands for agreement on the environment and the greater public accountability and more public national strategy for ecologically sustainable involvement in processes by which planning development. For example, core concepts and development decisions are made. such as the need to protect biological diversity Governments have responded by adding and safeguard the life-supporting capacities of more and more layers of State and local air, water, soil and ecosystems are written into government regulation to deal with each new the Bill. The purpose of the Integrated issue. The problem is that with each new Planning Bill is to seek to achieve ecological consent or permit has come an additional sustainability through coordinated planning approval process. This proliferation of ad hoc and the management of development and its regulation often impedes, rather than effects on the environment. promotes, the fulfilment of community Planning and development legislation, by expectations. As a result, people are confused its nature, is concerned with managing the about what requirements they have to meet to spatial implications of human activities and the obtain a development approval, and the relationships between people and the natural community is unclear about their entitlements and built environments. Consequently, the to participate in various aspects of planning term "ecological sustainability" seeks to marry and development decision making. core concepts contained in the national 30 Oct 1997 Integrated Planning Bill 4087 strategy for ecologically sustainable The Bill requires councils to address in development and the more traditional land their schemes how areas of ecological use planning concepts such as servicing of significance are to be managed and development and preserving the amenity, protected. It has wider disclosure provisions character and quality of natural and built and it requires public input be obtained before environments. State planning policies and other State Government planning proposals are adopted. The term "ecological sustainability" has These are just a few examples of been chosen not to set the Bill's aims apart improvements incorporated in this Bill in from the more common term "ecologically response to deficiencies environmental groups sustainable development", but— have argued exist in the present Planning and 1. as a basis for recognising and Environment Act. emphasising how the key concepts of The Bill defines "development" broadly. A ESD apply in the planning and broad definition is necessary if the full benefits development assessment framework; and of the integrated development assessment 2. so as not to confuse the term of system are to be achieved. The Bill's purpose "development", as used in ESD, with the clearly anticipates that regulating both quite specific statutory meaning of development and its effects, including the use "development" in the Bill. Indeed, there of land, are within the scope of the Bill. were strong representations made by the Development is characterised as a change, for legal profession on the draft PEDA Bill example the carrying out of building work or that the legislation did need to define making a material change in the use of land. "development" in precise terms so as to The Bill does not characterise the end result of avoid any confusion or ambiguity as to the change—for example, the building or the how the term might be applied given its use of land—as development. use in other contexts. This process of change, that is development, is handled in one of four ways— Some in the environmental movement have argued that the requirement in the Bill for Exempt development which does not an integrated balance between protecting require an approval under this legislation ecological processes, economic development nor the imposition of any standards on and the physical, social and cultural wellbeing that development. of people means that the Bill lacks an Self-assessable development which does "environmental bottom line". They suggest not require an application to be submitted that, in achieving the Bill's objective, the nor an approval to be obtained. However protection of ecological processes can be the person undertaking the development traded away in pursuit of economic or social is required to conform to defined ends. This is simply not the case. Trading requirements or standards. away one of the factors of ecological Assessable development, of which there sustainability would be antithetical to achieving are two categories— the balance required by this legislation. Rather, the Bill seeks to achieve an Code assessment which requires an appropriate and pragmatic balance between application to be lodged with the meeting present day human needs, mitigating relevant assessment manager in the adverse effects of development on the virtually all cases being the relevant environment and taking an intergenerational shire or city council, unless the perspective in respect of ecological systems relevant council has no approval to and processes. give, in which case the assessment manager will be the principal consent Relevant policy and legislation is also to authority. Once lodged, the be applied in determining the appropriate application will be assessed against balance. This will require a process of the relevant codes, including any deliberate evaluation, not a selection of relevant codes administered by a convenience. Indeed, I have to express my State agency. disappointment about how some in the Finally, impact assessment. This also environment movement have sought to requires an application to be made to misrepresent this Bill. This Bill makes the relevant assessment manager, considerable advances on the current but the application is also publicly Planning and Environment Act in respect of notified. Anyone lodging a the environment movement's agenda. submission in relation to the 4088 Integrated Planning Bill 30 Oct 1997

application has a right of appeal are sufficient planning grounds to justify the against the assessment manager's decision. The latter is the same test that is decision. The application is assessed applied under the Planning and Environment against the environmental outcomes Act for rezoning applications. stated in the planning scheme, other The Bill therefore provides communities relevant laws and policies and the with a high degree of security and confidence probable effects on the environment. that incompatible development that The definition of "environment" in this Bill compromises the environmental outcomes for is the same as the definition in the current their neighbourhood could not be approved. Planning and Environment Act and has social, The Bill also prescribes ways that the ongoing cultural and economic dimensions to it as well effects of development are to be managed. as those associated with physical and natural These are— environment. Schedule 8 of the Bill specifies what development falls into various categories. for assessable development, by imposing A council's planning scheme will likewise be reasonable and relevant conditions on able to do this, consistent with the framework development approvals, addressing both set by schedule 8. This enables councils to the development itself and the regulate development in their local areas subsequent use or management of commensurate with the needs and aspirations premises; and of their community. for self-assessable development, by The Bill provides a basis for coordinating requiring development and the and integrating local, regional and State level subsequent use or management of planning into local government planning premises to conform with relevant codes. schemes. It makes the outcome statements, The Bill provides that conditions on provisions and policies of a planning scheme a development approvals bind owners and principle consideration in development occupiers and travel with the land. The Bill assessment. As the planning requirements of recognises and protects lawfully established State agencies and local government become existing uses. integrated in planning schemes, the permission criteria to apply to particular The integrated development assessment development in various localities will become system (IDAS) will improve the speed and more readily identifiable. quality of decision making on development proposals by creating a single integrated The Bill gives weight to planning schemes development assessment system for State by according them the force of law. This is and local government approval processes and intended to reaffirm that the non-prescriptive establishing a central role for the impact nature of planning schemes under the Bill assessment process. does not diminish their importance as the key factor in determining development outcomes. When fully implemented through the Council planning schemes are required to consequential amendment of other State articulate the outcomes to be achieved and legislation, IDAS will collapse about 60 indicate which developments they want made approval processes into a single integrated subject to impact assessment. The Bill does system and sunset about 6,000 pages of not specifically prohibit an application being regulation. It is a massive attack on red tape, lodged for impact assessment. This carries and will— through a long standing feature of the deliver a key plank of the Government's Queensland planning system known as the economic development strategy; applicant initiated rezoning. However, under give Queensland the most efficient this legislation an application for impact assessment must satisfy two tests before it development assessment system of any can proceed. Australian State; and First, following impact assessment of the give Queensland a competitive application the assessment manager's advantage in attracting investment decision cannot compromise the because it will mean increased clarity as environmental outcomes sought to be the permission criteria to be met. achieved under the planning scheme. The It is not fast tracking but integrating relevant second test is that if the proposal does not environmental and social factors into the compromise the environmental outcomes but assessment of development proposals rather is in conflict with the scheme provisions, the than having such matters considered application cannot be approved unless there independently. 30 Oct 1997 Integrated Planning Bill 4089

IDAS allows proponents to obtain a single private certification for development approval for all aspects of their development applications that require assessment at one time, or alternatively, if the needs of the against the standard building law only; project require it, to stage applications and and approvals over time. A key advantage for reducing the cost of providing basic applicants under IDAS is the ability to apply for infrastructure and services to new and obtain a preliminary approval. This communities. This is achieved by enables approval to be given to a ensuring State and local Government development concept, but does not authorise capital works programs are coordinated development to commence. For large with land use planning intentions and proposals such as master planned reflected in the planning schemes. State communities, this will allow applicants to obtain and local governments are able to approval for a broad package of development impose reasonable conditions on rights—including for example a set of land use development approvals to protect the entitlements. This provides the proponent with community's investment in infrastructure collateral for securing finance for the project and recoup the additional infrastructure and a basis for obtaining detailed approvals and servicing costs associated with for successive stages of the development. unanticipated or "out of sequence" development. Clear time frames are established for all stages in the IDAS process, with applicants Finally the Bill establishes clear principles for having recourse to appropriate dispute funding basic and essential infrastructure in resolution mechanisms in the event these new communities through infrastructure times are exceeded. The flexibility of IDAS for charges. These charges are an indirect user applicants is not achieved at the expense of charge, levied through a clear and the rights of the community. On the contrary, accountable process at the time an approval is the rights of the public to participate in the given. making of development assessment As IDAS is implemented, other legislation frameworks and to view and comment on containing development assessment development proposals themselves have processes will be repealed or progressively been enhanced. amended to remove those processes. This will allow relevant agencies to consider whether Current development assessment they should issue their particular approval as systems are characterised by inconsistent, and part of an integrated assessment of a sometimes even non-existent, avenues of development application. redress for disputes. By delivering a single integrated framework for assessing The Local Government (Planning and development proposals, IDAS provides a basis Environment) Act will be repealed by the new for all disputes about decisions made in legislation. Priority is also to be given to relation to a development proposal to be consequential amendments to remove the resolved at one time. This Bill considerably duplicate assessment processes from the strengthens the role of local governments in Building Act 1975, the Environmental Protection Act 1994 and the Transport coordinating the planning and managing of Infrastructure Act 1994, with a view to having development in their areas. the Integrated Planning Act come into effect in Some concern has been expressed that conjunction with these key amendments early the ministerial call-in power is intended to be in 1998. I want to make it clear to the House: used as an alternative form of dispute the relevant standards and approvals will resolution. This is not the case. The call-in remain, only the processes will be removed. power is a reserve power intended for use only The coalition Government has delivered when a project is of major economic or in this Bill a piece of legislation that is already environmental significance to the State. In establishing itself as a benchmark. It responds implementing this legislation, the State is to calls to integrate environmental, social and committing itself to work within the planning economic perspectives into planning and and development assessment framework, development decision making and will result in rather than outside of it as it currently does. significant micro reform in the administration of The ministerial call-in mechanism is a the planning and development system. necessary means of giving effect to the Whereas our current fragmented and State's interests in a development which uncoordinated State and local development affects Queensland's interests in some assessment processes often seem designed significant way. Other initiatives in the Bill are— to meet the needs of those administering 4090 Local Government Legislation Amendment Bill (No. 3) 30 Oct 1997 them, this Bill is designed around the needs of councils, Urban Development Industry of the applicant and the community. Australia, the UDIA, Property Council, Acknowledgment needs to be given to Queensland Farmers Federation, Queensland the many people who have contributed to the Conservation Council, the Environmental development of the Bill over the past three Defenders Office, Queensland Environmental years. I mentioned at the time I tabled the Bill Law Association, the Royal Australian my predecessor, the Honourable Terry Planning Institute, the Housing Industry of Mackenroth, the member for Chatsworth, who Australia, the Queensland Master Builders in his term laid the foundation stones for this Association and others have been greatly Bill. I am again happy to acknowledge his role appreciated. in formulating some of the key concepts of this There will no doubt be some teething legislation. I hold the view Queensland as a problems as the new integrated planning and whole is better off if a bipartisan approach can development assessment system beds down, be taken to the State's planning and but I am encouraged by the way sector groups development framework. This provides a across Queensland have been prepared to continuity in respect of how the system contribute to the development of this Bill in a operates even if Governments alter policy from spirit of cooperation and with a will to make it time to time. This Bill allows policy to change work. This is what continues to set over time without having to rewrite the law on Queensland apart from other States. I look each occasion. forward to seeing that goodwill and spirit of I need also to acknowledge the work of cooperation continue through to its my task force who have worked tirelessly and implementation. Queensland can only benefit at times under great pressure to achieve a as a result. I commend the Bill to the House. workable Bill which balances all the competing Debate, on motion of Mr Livingstone, interests of accountability, transparency, adjourned. efficiency, cost effectiveness with the intricate policy tension that exists between them. Peter Sherrie, Chris Buckley, Greg Hallam, Steve LOCAL GOVERNMENT LEGISLATION Greenwood, Geoff Booth, Jeanette Davis, AMENDMENT BILL (No. 3) Rosanne Meurling, John Brannock, Graham Hon. D. E. McCAULEY (Callide—Minister Dalton, Selena Ham, Lawrence Springborg, for Local Government and Planning) MLA, Andrew Luttrell, Jo Bragg, Imogen (12.12 p.m.), by leave, without notice: I Zethoeven, Bobbie Brassel and Mr Richard move— Ross deserve a mention in this House "That leave be granted to bring in a because of the job they did in bringing this Bill Bill for an Act to amend legislation about to the point where it is recognised as being local government." landmark legislation. The Integrated Planning Bill is a considerably better Bill than its Motion agreed to. predecessor as a result of their efforts and the considerable work by the coalition Government in accordance with the election commitments First Reading we gave. Bill and Explanatory Notes presented and Consistent with our commitments at the Bill, on motion of Mrs McCauley, read a first last election, the coalition Government has time. delivered to Queensland planning legislation which is comprehensive, based on sound Second Reading environmental principles, and one which will promote economic development and jobs as a Hon. D. E. McCAULEY (Callide—Minister result of the considerable savings to business for Local Government and Planning) through the streamlined approval system and (12.13 p.m.): I move— reduced transaction and compliance costs "That the Bill be now read a second brought about by this Bill. time." To develop legislation of the magnitude Most of the provisions in this Bill relate to and scope of this Bill requires tenacity and the further application of National Competition considerable consultation. The preparation of Policy to local government. The Bill also this Bill has, to the best of my knowledge, clarifies the rating powers of the Brisbane City been the most open, participatory process of Council in respect of exempt land as well as any legislation developed in this State. The dealing with the sunset clauses for two sets of contributions of the LGAQ and its member provisions that are due to expire. A number of 30 Oct 1997 Local Government Legislation Amendment Bill (No. 3) 4091 minor and technical amendments have also activity or some outside person with the been included. appropriate skills. If there was dissatisfaction with the outcome of this investigation or it was Firstly, the major focus of the Bill is to believed the council's complaint process is provide a mechanism in the Local inadequate, the complainant could make a Government Act 1993 for complaints about reference on the matter to the Queensland local government business activities which are Competition Authority for investigation. not abiding by the competitive neutrality The two-step process would not apply if a principles that apply to those activities. These council decides to appoint the Queensland are the Type 1 and Type 2 business activities Competition Authority as its referee. In this of the largest councils which have to be case, the authority would investigate and report assessed for possible application of to the council on complaints, in a similar way to corporatisation, commercialisation or full cost its role in the investigation of complaints about pricing. They also include the smaller Type 3 State Government business activities. In business activities where a local government respect of the smaller Type 3 business has chosen to apply the code of competitive activities to which competitive neutrality applies, councils will be obliged to set up their conduct as well as any of its roads business own internal complaints procedures. This will activities, that is, where the local government involve the appointment of a referee to lodges a tender for works on State roads, the investigate and report to the council. roads of another local government or if it puts Where a local government appoints a its own roadworks out to tender. referee to hear complaints, the Bill will enable Competitive neutrality means that a local the council to charge an application fee up to a government business should not use maximum to be fixed by regulation. This will advantages that are solely due to its public help deter any frivolous or vexatious ownership to unfairly compete with the private complaints, though it should be noted that a sector. For example, exemption from taxes referee can choose not to investigate such complaints. As in the case of other NCP should not be used to give a local government reforms, the final decision on the business activity a price advantage over recommendations of a referee, or the private sector competitors who have to pay Queensland Competition Authority in relation to taxes. a complaint or a reference, rests in the hands of Mr Speaker, I seek leave to have the the local government, which must act in a remainder of this speech incorporated in transparent fashion. In addition, the local government can only make the decision after Hansard. the person making the complaint has been Leave granted. advised of the recommendations of the referee This Bill will enable Queensland to meet or the authority. its obligations under National Competition The Queensland Competition Authority Policy and the Competition Principles Act 1997 also provides that State Government Agreement to set up a complaints mechanism business activities to which competitive for local government. Payments of over $2.3 neutrality is applied may be granted billion from the Commonwealth are dependent accreditation by the authority. This Bill upon implementing this and other NCP reforms. therefore provides for the authority to consider As announced in April this year, up to $150 accreditation for the Type 1 and 2 business million will be made available to Queensland activities of local governments as well as any of local governments if the State receives its full their Type 3 activities or roads business share of payments from the Commonwealth. activities. If accreditation from the Queensland The approach taken is modelled on the Competition Authority is obtained for these Queensland Competition Authority Act 1997 business activities, no complaints mechanism is which deals in part with complaints about required. The authority would only approve the competitive neutrality matters in respect of accreditation if the business activity was being State Government business activities. conducted in accordance with the relevant However, this Bill enables the complaints principles of competitive neutrality. The mechanism for local government to be question of making further refinements to the structured according to the size and proposed complaints system will be examined significance of the business activities. For Type next financial year after the Queensland 1 and Type 2 business activities, and roads Competition Authority has settled into its new business activities to which competitive role. neutrality is applied, the Bill provides for a two- This Bill also clarifies certain rating powers step complaints process. Complaints would be of the Brisbane City Council under the City of initially investigated by a referee appointed by Brisbane Act 1924 in respect of exempt land. the council. Depending upon the circumstances That Act provides the council with greater of the case, the referee could be a council discretion than is available under the Local officer who is not associated with the business Government Act 1993 for other local 4092 Local Government Legislation Amendment Bill (No. 3) 30 Oct 1997

governments to exempt land from rating. The the proposed amendment is that the amendments that permit this to occur were environmental management and compliance made in 1992 and followed the approach levy and the rural fire services levy will continue outlined at the time in the discussion paper on to apply for this financial year. However, the the draft legislative proposals for a new Local council would not be able to apply those Government Act. The Brisbane model was not separate rates or charges to such lands in incorporated in the Local Government Act 1993 future years if it still passed a resolution to when it came before Parliament because of exempt them from the general rate. Naturally, concerns raised by the churches. However, the any land holders who dispute the levies in Government of the day did not go back and 1997-98, may challenge their liability to pay in amend the City of Brisbane Act to bring the the courts. It is considered that the proposed two sets of legislative provisions into line. amendment is necessary to bring certainty back As the law currently stands, the Brisbane into the law and to reflect the original intention City Council has the discretion to make a of the legislation. resolution to exempt land from rating if it is Another clarifying amendment is also used for public, religious, charitable or proposed. When the City of Brisbane Act was educational purposes. In contrast, the Local amended in 1992, the churches made strong Government Regulation 1994 made under the representations to the then Minister, the Local Government Act prescribes what public, Honourable Tom Burns MLA, to specifically religious and educational land is exempt from provide exemptions from rating for their lands rating and only gives a discretion for local in the legislation. To preserve State interests, governments to determine what charitable land and in recognition of the concerns raised by is to be exempt. churches at the time, a provision was inserted Honourable members will be aware from to allow a regulation to be made to exempt land numerous comments in the media by the in Brisbane City from rating. During the debate churches and others that there has been a on the 1992 Bill, the then Minister, Tom Burns, major departure by the Brisbane City Council made the following statement in this House on this financial year in relation to how it deals with the regulation making power— land that has previously been exempt from "I keep a reserve power. That means rates. For 1997-98, the council resolved that that if a council comes to me and says that although certain public, religious, charitable and it has granted an exemption for a number educational land will be exempt from general of years and it has now decided that it will rating, it will be subject to an environmental no longer grant that exemption, I can management and compliance levy (this being a make a determination on the matter ... if separate rate based on rateable value of land) churches come to me and complain, I can and a rural fire services levy (which is a intervene by exempting a particular separate charge). It is worth noting that the property, a group of properties, or a costs of many of the items to be funded from church, as the case may be ... there is the environment management and compliance provision in the legislation for us to be levy could have been legitimately met through able to handle any of the problems that the council increasing its utility charges, that is, the churches perceive." the charges it fixes for supplying water, To reinforce the original intention of the sewerage and cleansing services. Had the legislation, the Bill clearly provides that these council adopted that approach, no amendments classes of land can be made exempt from rates would be necessary. Fairly calculated increases by regulation. in utility charges would have meant that the churches still pay a contribution in respect of Both the Brisbane City Council and the their properties and they have no problem with Local Government Association oppose the this approach. In addition, the State and proposed amendments. They see them as Commonwealth Governments would also have paternalistic and an intervention into the to a make a contribution in respect of any of autonomy of local government. This is not the their properties that attract a utility charge. case. As Minister I have a responsibility to the community to ensure that the intentions of When the City of Brisbane Act was legislation passed by this Parliament are met amended in 1992 to simplify the rating and are clearly interpreted. These are purely exemption provisions, it was not intended to clarifying amendments. I will make two other change the long standing principle that land points on this subject. exempted from general rating would be subject to a separate rate or charge. It should be noted If no regulation is made, the Brisbane City that a separate rate or charge cannot be levied Council would be able to adjust the current list on exempt land under the Local Government of exempt properties at its next budget meeting Act. The Bill explicitly clarifies the original and require the churches to pay the general intention of the legislation on this important rate as well as the environmental management principle—that is, where the Brisbane City and compliance levy. The possibility of that Council exempts land from rating, it is exempt occurring is causing concerns in some church from all rates. As the council has already circles. Although the Brisbane City Council has adopted its budget for 1997-98, the effect of indicated it does not intend to impose general 30 Oct 1997 Natural Resources and Other Legislation Amendment Bill 4093

rates on rate exempt properties, policies can indicated there is overall support for their change. Witness the change in policy for this retention. Accordingly, the sunset clause is financial year in applying separate rates and being deleted so that local governments can charges to exempt lands. I therefore propose continue to act quickly to deal with dangerous to look at increasing the certainty for the dogs. owners of land exempt from rating in Brisbane The Bill also extends the application of a City. sunset clause contained in the Local Under the Local Government Act, Government (Aboriginal Lands) Act 1978 to 30 certainty is provided through a regulation that June 1999. This sunset clause would otherwise defines the various classes of exempt land. A expire provisions on the control of alcohol in regulation could therefore be made early next Aurukun Shire on 1 December 1997. The year to set out what land used for public, extension will allow the continuation of a religious, charitable or educational purposes is community based framework to manage the exempt from rating in Brisbane City. Under this prohibition or restriction on alcohol possession approach, the regulation would come into or consumption in certain places in the shire. operation before the council adopts its 1998-99 Various organisations and community budget. The council would still have the power representatives consulted during an evaluation to exempt further land by resolution at its of the legislation agreed that further time was budget meeting. Any exempt properties would needed to trial the provisions. In approximately still be subject to utility charges if the council 12 months, a more comprehensive review will supplies the appropriate services. be undertaken on the effect and enforcement of areas declared dry or controlled by the The simple way to achieve this measure of Aurukun Alcohol Law Council. certainty would be to exempt by the regulation those properties which the Brisbane City Finally, as indicated earlier, this Bill also Council has exempted this financial year contains some minor and technical amendments through its budget resolutions. However, it is to the Local Government Act 1993. I commend understood that inconsistencies may now exist the Bill to the House. in the exemptions applying to some of these Debate, on motion of Mr Livingstone, properties. For example, exemptions may have adjourned. been continued by the council for some church lands even though they are now being used for commercial purposes. On the other hand, some NATURAL RESOURCES AND OTHER churches have expressed concern that the LEGISLATION AMENDMENT BILL current council policy contains inequities. By way of example, the transfer of a property from Hon. H. W. T. HOBBS (Warrego—Minister one church organisation to another without any for Natural Resources) (12.15 p.m.), by leave, change in usage could cause the removal of the without notice: I move— exemption. I therefore intend to request the "That leave be granted to bring in a council to consult with the churches and other affected land owners to determine what land Bill for an Act to amend legislation about should be made exempt from rating under a natural resources, and for other regulation. purposes." On a final note, I am aware that the Motion agreed to. Brisbane City Council as well as other local governments and certain key organisations, including the Local Government Association First Reading and the Ombudsman's Office, have expressed Bill and Explanatory Notes presented and various concerns about the revenue raising Bill, on motion of Mr Hobbs, read a first time. powers of local governments and how they are employed. In response Mr Speaker, I propose to carry out a comprehensive review of these Second Reading powers next financial year. Extensive consultation will occur with all of the relevant Hon. H. W. T. HOBBS (Warrego—Minister parties during the course of the review. I will for Natural Resources) (12.16 p.m.): I move— now move onto the remaining provisions of the "That the Bill be now read a second Bill. time." This Bill will amend the Local Government The objective of this Bill is to provide for a Act to remove a sunset clause from the number of amendments to 11 pieces of provisions that allow local governments to legislation. Due to the nature of these make local laws enabling authorised officers to enter private property to seize dangerous dogs amendments, it is more efficient for these to without notice, warrant or the consent of the be dealt with in an omnibus Bill rather than a owner or occupier. These provisions are due to series of individual Bills. The Bill makes expire on 30 June 1998. The feedback from a amendments to eight Acts in the Natural comprehensive evaluation of the provisions Resources portfolio: the Body Corporate and 4094 Natural Resources and Other Legislation Amendment Bill 30 Oct 1997

Community Management Act 1997, the reinstate an inspection power which was Forestry Act 1959, the Land Act 1994, the unintentionally omitted during the previous Acquisition of Land Act 1967, the Land Title amendments. Act 1994, the Valuation of Land Act 1944, the Under the Land Act, the current periods Water Resources Act 1989 and the River of 28 days for lodgment of review applications Improvement Trust Act 1940. It also amends and appeals are considered to be too short. the City of Brisbane Act 1924, the Local They are therefore being increased to 42 Government Act 1993 and the Mixed Use days, bringing them into line with the Valuation Development Act 1993, which are closely of Land Act, in which objection and appeal associated with my portfolio but which are the periods are also being standardised at 42 responsibility of my colleague the Honourable days. As well, the current requirement in the Minister For Local Government and Planning. Land Act 1994 for an appellant to state the The amendments will achieve a number facts relied on in addition to the grounds of of important policy and administrative changes appeal is considered to be too onerous. The to these Acts. I will describe the major Bill removes the requirement to state the facts changes. The amendments to the Body relied on so that an appellant will now only Corporate and Community Management Act have to give the grounds of appeal at the time 1997 are the result of continued consultation of lodging an appeal. with the industry users of the legislation. These Appeal provisions for tree-clearing permit users, while having embraced the Act and its applications are being introduced so that regulation modules, have identified the need applicants will have rights of appeal for minor refinements. This will optimise the mechanisms similar to that which is applied as application of this legislation in the a natural justice provision for valuation marketplace. objectors and the like. The appeal provisions One of the amendments will ensure that can be applied against certain conditions adequate information is given to prospective imposed on a permit, refusal to issue a permit off the plan buyers where a lot in an existing and cancellation of a permit. There is no community titles scheme is subdivided. intention to allow third-party appeals against Another amendment ensures that developers these decisions. of staged developments are able to approach A further amendment to the Land Act the body corporate of a scheme with a allows a lower rent to be charged for a permit reasonable degree of certainty when a new for investigation purposes where it is issued to community management statement is allow an applicant to investigate the feasibility required. Also, it will be made clear that the of a proposed development. This might standard module regulation applies to building include permits to conduct an EIS, test boring, unit plans and group title plans under the survey work and other assessments which superseded Building Unit and Group Titles Act help to determine the overall feasibility of 1980. In addition, increased flexibility will be developing such a parcel of land before given to bodies corporate as to how they development actually occurs. This brings a choose committees. Another amendment will permit into line with a lease requiring ensure that certain decisions regarding body investigation and development which is corporate assets can be made by an ordinary currently attracting a lower rent. resolution, rather than by a resolution without Two areas of the Land Title Act are also dissent. This results in the same type of to be amended. The easements provisions of decision being required for allocation of assets the Act are considered cumbersome and have and allocation of common property. resulted in confusion as to when they apply. The Forestry Act was amended recently Amendments to the Act will simplify the to address concerns about unauthorised provisions and clarify the manner in which sandalwood harvesting in parts of western easements are created, the types of Queensland. Those amendments included an easements available and how they are enhancement of the powers of forest officers registered. The second amendment relates to to obtain certain documents for the purpose of caveats. investigations. The amendments proposed in A caveat is the mechanism whereby a this Bill will remove any doubt that originals of person who has a legitimate interest in land is any such documents may be retained if they able to freeze the freehold land register for a are needed in the course of an inquiry or as short time to allow the person's interest to be evidence for prosecution proceedings. Time properly dealt with. Under present law such constraints apply to the retention of caveats have been used to disrupt legitimate documents. The amendments will also dealings in land. In these instances, the 30 Oct 1997 Natural Resources and Other Legislation Amendment Bill 4095 rejection of a caveat by the Registrar of Titles effect will mean the department can continue does not prevent subsequent vexatious to use departmental staff to conduct caveats. The amendment will require that, valuations, but it will also have the ability to where a caveat has been rejected by the use private valuers where and if necessary to registrar, a subsequent caveat is to be satisfy overflow demand throughout approved by a court before it can be Queensland. Various other amendments have registered. This restriction will apply if the been included to ensure the operational subsequent caveat is to be lodged by the efficiencies of these legislative changes and of same person on the same or similar grounds. the Act generally. Amendments to the Valuation of Land Recent amendments to the River Act 1944 introduce privacy measures to limit Improvement Trust Act 1940 provided for the public access to information from the valuation amalgamation of river trusts and trust areas. roll in certain circumstances. These Due to a technicality, the Burdekin River amendments will assist in maintaining the Improvement Trust has been unable to privacy and the safety of people who are at amalgamate with the Haughton River risk of harm through various domestic or other Improvement Trust as was intended. The Bill circumstances. An owner or someone amends the Act to enable the amalgamation associated with an owner may apply for the to occur. Further minor amendments to the owner's name and postal address to be Act should assist trusts to operate more suppressed. The grounds for the application efficiently. must be that the owner's or the other person's safety or their property may be placed at risk The current provisions of the Water by having the owner's name and address Resources Act 1989 enable the State to disclosed. exercise control over the destruction of vegetation, excavation and placing of fill in The new provision outlines the procedure watercourses. However, there is currently no for an application, the decision-making power to prevent similar activities in lakes process, the right of appeal against a decision (including swamps) and springs. The Bill not to suppress information and the action to amends the Act to extend control to include be taken pending hearing of an appeal. For lakes and springs to protect and improve these privacy measures to be effective, it is these natural resources. The unauthorised necessary that the suppression of information removal of quarry materials from watercourses also extends to local governments who are and lakes has the potential to cause supplied information from the valuation roll. significant and permanent damage to these Through amendments to the City of Brisbane features. The Bill amends the Act to provide Act 1924 and the Local Government Act for the issue of notices to stop such activities. 1993, it will also be mandatory that the Similar powers already exist under the Act for suppressed names and addresses are not the protection and improvement of the disclosed by the local governments. physical integrity of watercourses. Another initiative in the Valuation of Land Recently there have been instances Act 1944 makes it mandatory for the where persons have ignored notices to stop department to advise owners of the details of unauthorised activities in watercourses, their annual valuation by mailing individual resulting in significant damage to the notices. This is an initiative that I introduced watercourse and the loss of natural habitat. early this year and I am pleased to say it was The current provisions of the Water Resources well accepted by landowners. In 1996 the Act 1989 enable the department to institute State's valuation system was reviewed. Some proceedings for the unauthorised activities and of the recommendations from the review for failure to comply with a notice. required changes to the Valuation of Land Act Furthermore, the court may order payment to 1944. These amendments are in this Bill. They the State of the costs of any remedial or are the extension of the objection, display and rehabilitation works. Nevertheless, the appeal periods of valuations from 28 days to department must be able to stop 42 days, and the removal of the reference to unscrupulous persons from doing permanent sugarcane assignments from the Act. The damage to our watercourses, lakes and latter amendment is one which has been springs. The Bill amends the Act to provide for sought by the sugarcane industry following the the issue of court injunctions where persons substantial deregulation a few years ago. ignore notices to stop unauthorised activities. Another amendment to the Valuation of Investigation of offences against the Act can Land Act 1944 provides more flexible be frustrated by persons who refuse to provide delegation of powers under the Act. This in a name and address and will not otherwise 4096 Coal Legislation Amendment Bill 30 Oct 1997 cooperate. The Bill amends the Act to require It is difficult to speak to this Bill without persons to supply a name and address, to referring to some of the history of coalmining answer questions, and to supply documents to in Queensland. This Bill proposes to repeal the authorised officers undertaking investigations Coal Industry (Control) Act 1948 and with it, of into possible breaches of the Act. course, to abolish the Queensland Coal Water drillers who construct artesian Board. The original purpose of the Act that we bores or subartesian bores in declared are in the process of repealing was to increase subartesian areas are required to hold driller's production to ensure that coal was available to licences. If the department has to take action the expanding industry in Queensland after against the holder of a driller's licence, for World War II, then to supply that coal to the example a driller who is constructing bores to Australian market and, if there was some coal less than acceptable industry standards, the left over, to export that coal. That Bill resulted in the establishment of the Queensland Coal driller's licence currently can only be revoked or Board. cancelled. The Bill amends the Act to provide also for the suspension of a driller's licence in It is important for members to circumstances where revocation or understand, in an historical context, the cancellation is deemed too severe a penalty. situation in Queensland after World War II. Recent amendments to the Water Resources When the Coal Industry (Control) Act was Act 1989 required decisions of the chief enacted in 1948, its major purpose was to executive concerning applications for certain establish priority in the development of licences to be published where a right of Queensland's industry. After World War II in appeal to the Land Court exists. The Queensland, fewer men were involved in amendment unintentionally included decisions coalmining and production had declined to the concerning artesian and subartesian bores point at which the real issue for the where the right of appeal only exists for Government of the day was to establish and applicants. Applicants and objectors are to ensure that the coalmining industry in presently provided with written notification of Queensland was put on a firm footing. As I such decisions. The requirement to publish said before, the main purpose for that was to decisions about bores is causing unnecessary ensure that coal would be available for delay and costs. The Bill amends the Act to expanding industrial development in remove the requirement to publish decisions Queensland. So historically the original aim of concerning applications for artesian and the Bill was to increase production in subartesian bores, and prescribes the form Queensland, then to export coal to New South and the timing in which written notification is to Wales and to other States in Australia. The be given. Act was also established to ensure that the Queensland industry was able to compete with Other minor amendments in the Bill industry in New South Wales and—I think correct anomalies or further streamline most importantly—to make provision for the administration of the Water Resources Act health and safety of coalminers. 1989. I commend this Bill to the House. As I have said, after World War II, Bill, on motion of Mr Schwarten, production had declined and workers had left adjourned. the industry. It is interesting to note the importance that was placed on the health and safety of miners then compared with how we COAL LEGISLATION AMENDMENT BILL regard the health and safety of miners today. Second Reading When the Minister introduced the Coal Industry (Control) Act, he said something like, Resumed from 29 October (see p. 4043). "I can say that if we do not give the miners Hon. K. W. HAYWARD (Kallangur) decent and comfortable conditions, they will (12.28 p.m.): It is certainly a pleasure to speak drift into other industries where they can get to the Coal Legislation Bill 1997. It is an them and so our production will decline." That important Bill for Queensland for many was the main focus of establishing that Act, reasons: firstly, because of the earnings that which we are in the process of repealing. the coalmining industry generates for the If members reflect upon that, no matter State; secondly, and not necessarily less how that Act is viewed in its historical context, importantly, the employment that the industry they would realise that it has been incredibly generates; and thirdly, and I think most successful. In terms of the original aim of the significantly, its reference to the issue of mine Bill, as at 30 June 1997 coal production in safety. Queensland was 99.43 million tonnes, which is 30 Oct 1997 Coal Legislation Amendment Bill 4097 an increase of 5.67 million tonnes over the me, this process involves no exemptions from 1995-96 financial year. That is an all-time the Coal Mining Act. However, I am informed record for this State. Total exports for 1996-97 that it would appear that the Chief Inspector of were 78.97 million tonnes, valued at $4.56 Coal Mines was not happy with this program billion. That was a tonnage increase of 2.94 and does not want it to proceed. I look to the million tonnes over the previous financial year. Minister for confirmation of that in his reply. Coal sales within Queensland for the 1996-97 Mr Gilmore: Would you just explain that year were 18.1 million tonnes, which was an so I get it right when I am responding? increase of 4.6 million tonnes over the 1995- 96 year. Although through this Bill we are Mr HAYWARD: I said that there has been moving to repeal the Coal Industry (Control) an experiment at the Cook Colliery. Act 1948, we must always look back to what Mr Gilmore: This is the Tomlinson boiler other legislators did in this House. At the time you are referring to? that Bill was introduced, it was, I think, Mr HAYWARD: Yes. As I understand it, extremely wise legislation. If members the Chief Inspector of Coal Mines is not happy measure its success by the level of coal with this program and does not want it to exports today, they would realise that it was proceed. He has been keen to support a extremely successful legislation. scheme which involves placing a roaring I believe that all members of Parliament modified jet engine underground, with the are interested in mine safety in Queensland, obvious inherent risks from heat, flames, particularly as it relates to underground mining. noise, and, importantly, structural stability. Unfortunately, this State has a history of That was described by the Minister in an mining disasters. Every six to eight years we answer to a question that I asked as a— have had tragic occurrences. Most recently, "... scientific model of mine inertisation we had the Moura mine disaster. In 1921, which, if proven by the April tests at the there was the Mount Mulligan disaster, where Collinsville mine, will be a world first and 76 miners were killed; in 1928 at Redbank, be an important part of the training of four miners were killed; in 1954 at Collinsville, mine safety engineers into the next seven miners were killed; in 1972 at Box Flat, century." 17 miners were killed; in 1975 at Kianga No. 1 This Parliament should know that, again Mine, 13 miners were killed; in 1986 at Moura, through my inquiries, I have been told that this 12 miners were killed; and then, of course, equipment from Poland was considered so most recently and tragically, in 1994, again at risky that MIM refused to use it at its Moura, 11 miners were killed. Although Collinsville mine until the Queensland Cabinet Queensland has had a very, very successful indemnified MIM of all potential risk. coalmining industry and a strong legislative focus on mine safety, every six or eight years I ask the Minister: is it true that the a terrible tragedy has occurred. Out of those representatives of the Australian Coal disasters, the safety provisions and regulations Association research program were pressured contained in the coalmining legislation have by the chief inspector to approve the MIM been strengthened and improved. That is the project? At Collinsville, substantial exemptions purpose of this Bill. from the Coal Mining Act have been granted so that the company can use this equipment I would have hoped that this Government underground. I seek an explanation from would have learned from the disaster at Moura people who may know more about the subject that the mining industry needs to be more of why one would grant exemptions from conscious about mine safety. However, I am things like heat, flame, aluminium and noise not sure about that. Earlier this year in this regulations in order to run this program. Not Parliament I asked a series of questions about just in Queensland but throughout the world, coalmining safety, in particular about the history has shown that a lack of such inertisation of the goaf atmosphere in a regulations can cause terrible problems. For coalmine, in other words, reducing dangerous example, the regulations of the Queensland gases in underground mines and, in particular, Coal Mining Act require that a miner can work reducing the level of oxygen by increasing the in no greater than 80 decibel noise for an level of carbon dioxide or nitrogen. eight-hour period in any 24 hours. I would be An experiment has been carried out at interested to know why an exemption has the Cook Colliery in central Queensland to been given from that noise regulation. reduce the goaf by continuously pumping The big issue for us all is this: why have a carbon dioxide down a borehole directly into it. Coal Mining Act and regulations if the Minister, As I understand it, as it has been explained to through the Governor in Council, is going to 4098 Coal Legislation Amendment Bill 30 Oct 1997 grant exemptions? What is the purpose of use of this jet engine equipment underground having the Act in the first place? As I have and, of course, what is the potential liability for said, I do not pretend to be an expert in Mount Isa Mines in the event of a catastrophic coalmining safety, but it seems obvious to failure? As I have asked before, did Cabinet me—as I am sure it would seem obvious to all grant an indemnity from any form of members of Parliament, even those who are catastrophic failure? not experts in coalmining—that a stable Measured in terms of production, the coal continuous process of reducing the goaf industry is one of the great Queensland atmosphere progressively with no exemptions success stories. We all know that; kids are from the Coal Mining Act and regulations is taught it in school and we have seen the much more satisfactory. To quote the Minister, figures for the past year. However, members I think it is a better "scientific model of mining should be very clear about the issue of safety. inertisation" than periodically placing a roaring Cost pressures are being placed on the mine jet engine underground under the usual owners themselves. When the stock market exemptions from the Coal Mining Act and the crashed recently, newspaper headlines regulations. proclaimed, for example, "Miners king hit in I am informed that the Minister has been sell frenzy". What will that mean for told that the program that was conducted at Queensland coalminers in the future? It will Collinsville was successful. If the Minister mean that there will be greater export would take some advice from me, I would urge pressures placed on Australian mines by other him to be very careful about that. I have been mines around the world and greater price informed that the Minister has given a competition in the world marketplace. There commitment to purchase two jet engines. Can could be a reduced demand for Australian the Minister confirm that he has made that coal as traditional customers such as Japan commitment and, if so, can he tell the House are hard-hit by any downturn that occurs in what those jet engines cost? Of course, Asia. There may be problems of an excess following on from that, other questions spring manufacturing capacity in Asia, because to mind and I hope that I will have the during the last five years most of the global opportunity to raise those questions. export growth has come from Asia and coal As a person outside the coalmining companies have profited from that growth. industry, to me the most obvious question is: In any dangerous occupation such as when the jet engine is roaring away, does it mining, particularly coalmining, we should create enough vibration and disturbance to learn from history. As I have said, history affect the surrounding strata of an shows that Queensland has had a tragic underground mine? That would hardly be an underground coalmining accident every six to acceptable risk for miners who work eight years. History is littered with fatal underground. How is the stability of that coalmining accidents, which is why the Coal engine maintained while it is running, Mining Act was passed and safety provisions remembering that we are talking about a were, and will continue to be, developed. The roaring jet engine? What process is required to safety of miners is paramount. I am sure that actually anchor the motor of the jet engine? the Minister and all other honourable The other important thing to think about is: members would agree with that statement. who will staff the equipment? I have been told We need to ensure that safety is improved, that members of the Mines Rescue Brigade not reduced. The Minister needs to be very have indicated a reluctance to staff the roaring careful when granting exemptions to the Coal jet engine that will operate underground. Mining Act in the future. As I have said before, When I asked those questions of some why have a Coal Mining Act if the Minister will industry representatives, they told me that only easily grant exemptions from safety provisions last year a similar machine in operation in that have been established because of the South Africa had moved a significant distance lessons that have been learnt the hard way? from its original location. Let us think about These provisions did not just happen; they that. We are talking about a roaring jet engine were learnt from the lessons of history. that is operating underground and that Whether talking about coalmining in somehow got loose from its moorings and no Queensland or anywhere else in the world, longer had any stability. Do members one has to look to the lessons of history. It understand what that would mean for the shows that those provisions were established workers in that underground mine? The because disasters occurred and we learnt from Minister should tell the Parliament what them. Therefore, the Minister must be very exemptions have been granted to allow the careful about granting exemptions. 30 Oct 1997 Coal Legislation Amendment Bill 4099

Members of the Mines Rescue Brigade contribution in a full year is approximately are a great asset, and not just to the mining $1.3m. The Queensland Mines Rescue industry. These people have great first aid and Brigade, a quasi-Government operation, other skills which they can use in the mining currently undertakes mines rescue services. It towns and districts. is the QMRB's responsibility to provide a 24- I take pleasure in speaking to this Bill. I hour mines rescue response to Queensland am most interested in ensuring that the coalmines. The Queensland coal operators Minister addresses the questions that I have have agreed in negotiations to fund 100% of raised. Those questions may be simple to mines rescue from 1 January 1998, provided answer and I hope that they are. Queensland they also manage mines rescue. Through this has had a tragic history of mine disasters and, Bill it is proposed that those assets, including as I have said, export pressures will be placed specialist equipment, vehicles, land and on miners. Given this environment, miners in buildings used primarily or wholly by the Queensland and throughout Australia must current QMRB, be transferred to a private fight to ensure that there is no trade-off for industry company to provide mines rescue mine safety. services from 1 January 1998. The value of those assets is approximately $4.1m. Time expired. Existing employees of the QMRB will be Mr HARPER (Mount Ommaney) transferred to the new private company and (12.49 p.m.): It is a pleasure to speak on the will retain all existing entitlements. That was Coal Legislation Amendment Bill. On a something that I was interested to ensure personal note, my speech follows those of the happened. Under the existing financial members for Kallangur and Fitzroy, whose arrangements, the State will accept liabilities company I used to enjoy when I was on the for staff entitlements up to the date of transfer. Public Accounts Committee. I can well imagine The assets will also be transferred free from them asking, "What the heck does the any liabilities. To ensure that mines rescue member for Mount Ommaney know about continues to be viable, all coalmining mining?" In common with my friend the operators in the State, including both member for Kallangur, a fellow accountant, I underground and open-cut operators, must be do not claim to be an expert on mining and a member of and contribute to the mines mining safety—and I wish to speak mainly rescue service. A provider of mines rescue about mining safety—but I certainly have an services will be approved by the Minister and interest in it. will need to meet strict guidelines. I repeat: it My interest in mining goes back to the will need to meet strict guidelines. That is 1970s, especially the late seventies when I important. The member for Fitzroy is interested first stood against the member for Bundamba, in that. I respect his passion in relation to Bob Gibbs, for the then seat of Wolston. mines, which I have observed on trips with During that campaign, I well remember injuring him. I share his belief that that is important. my head slightly when clambering around an In keeping with duty of care old disused mine. However, I did not admit responsibilities, the legislation will require that it that to Bob Gibbs at the time. On my frequent is the responsibility of the owner of an trips to Ipswich, I am reminded of the underground coalmine to provide a mines importance of safety and mines rescue as I rescue capability. However, it can contract with pass the mines rescue station. the mines rescue service provider to meet I enjoy being on the Minister's committee. some or all of its responsibilities. Importantly, I have taken an interest not only in the the legislation proposes a minimum level of electricity industry but also in the mining mines rescue services to be provided and that industry. I have had many discussions with the the provider must meet mandatory Minister in regard to various aspects of mining, performance criteria which will be set by the including safety and mines rescue. I can attest Minister and published in the Gazette. That will to the fact that the Minister is serious about be quite clear and visible. Important minimum ensuring safety in mines and ensuring that levels will be gazetted so that all who are mines rescue facilities and so on are up to interested can know what they are and have scratch and readily available. the chance from time to time to comment and Through the Department of Mines and raise any concerns. It is important that that be Energy and WorkCover Queensland, the State in place. is currently funding two-thirds of the cost of If the provider fails—or defaults—to meet mines rescue, with Queensland coal operators the mines rescue service requirements or the funding the remaining one third. The State's mandatory performance criteria it has agreed 4100 Coal Legislation Amendment Bill 30 Oct 1997 to, there is adequate provision in the into the accident at the Moura No. 2 legislation for the Minister to appoint a underground mine, with 55 sitting days, was manager to run the mines rescue service. The an extremely costly inquiry for the Minister will also be able to levy the members Government, the industry and the unions. of the mines rescue provider. This is an interim With lengthy inquiries there is a real possibility arrangement until the company is either in a that an inquiry may be aborted because a position to remanage its mines rescue service wardens panel member is unavailable. The or another provider is available. The initial proposals contained in the Bill will ensure that company to be set up by the Queensland coal inquiries continue in such instances, and operators has agreed to this arrangement and therefore removes the need for a new inquiry intends to provide those step-in provisions in to be held. That is a sensible, progressive its articles of association. It is crucial that not move. one day goes by when those services are In conclusion, I have looked at many unavailable. I know the Minister was aspects of the Bill and have been able to have particularly keen, as was his committee, to input into it—something I have enjoyed. I ensure that that was in the legislation. commend these progressive changes that Examples of mines rescue services bring this area into modern times. include: helping each underground mine owner which is a party to a mines rescue Mr DEPUTY SPEAKER (Mr Laming): agreement with the corporation to provide a Order! Before the House rises for lunch, I mines rescue capability; providing mines remind honourable members that a meeting rescue training programs; and providing staff of the CPA will be held immediately in this and appropriate equipment. Examples of Chamber. performance criteria include— Sitting suspended from 12.58 p.m. to the provision of appropriate mines rescue 2.30 p.m. training programs; Mr CAMPBELL (Bundaberg) (2.30 p.m.): the provision of equipment to perform its I would like to make a few quick comments obligations under mines rescue about the mines rescue service. Although the agreements; CFMEU has given its support to the proposed changes and the privatisation of the mines the maintenance and testing of mines rescue company, I have some concerns. It rescue equipment, and its certification to was my privilege to see the Australian Mines manufacturers' specifications; Rescue Championships in 1995. Tony Sellers, the performance of audits or other who is the State manager of the Queensland exercises to show the corporation's ability Mines Rescue Brigade, was there and he to respond to an emergency; and gave me a good background briefing on the the provision of an effective procedure for activities of the Mines Rescue Brigade. At that owners to help each other in an time, I was also able to view the mines rescue emergency. stations in New South Wales. Grant Douglas, manager of the Southern Mines Rescue To me, that is another important criteria. Station, and Murray Bird, manager of the Finally, the legislation will also provide an Newcastle Mines Rescue Station, outlined in appeal mechanism for any person who feels some detail the activities of their mines rescue. aggrieved by a decision of the Minister. Any appeal is to be held by the Wardens Court, Proposed new section 103D defines the and the District Court can determine issues on meaning of a mines rescue agreement as a questions of law. written agreement between the mine owner and a mines rescue company. The situation is In relation to wardens inquiries, both the that the mines rescue company has three Coal Mining Act 1925 and the Mines directors who are also owners of the mines. So Regulation Act 1964 require that, in the event there is a written agreement between a mine of an accident causing death or serious bodily owner and other mine owners as the company injury, an inquiry into the nature and cause of directors of the mines rescue service. I know such accident shall be held before the Mining what would happen if we allowed union Warden and an industry panel of four expert delegates and officials to negotiate what the persons. The proposed Bill will allow for the next pay rise would be and when it would be appointment of a reserve panellist for wardens paid. If that happened, members on the other inquiries and for inquiries to proceed with fewer side of the House would have grave concerns. than four panellists but with at least two panellists. The reduced panel will be able to Mr Gilmore: I might just interject there. hand down a decision. The wardens inquiry There are three plus one. I understand what 30 Oct 1997 Coal Legislation Amendment Bill 4101 you mean, but the Minister of the day—this is Hon. T. J. G. GILMORE (Tablelands— not Tom Gilmore speaking—has some Minister for Mines and Energy) (2.35 p.m.), in enormous powers under this Bill to direct and reply: I would like to thank the Opposition to act in response to a failure of this spokesman in particular for his contribution to organisation to act. So it is an oversight this debate. I think it is has been important provision, and I think you have to recognise because he gave bipartisan approval. that. However, some concerns have been raised Mr CAMPBELL: I can understand that which I want to address. I would also like to oversight provision, but I am still concerned thank Government members who have that mine owners are making the agreements contributed to the debate. concerning mine safety or the Mines Rescue I will begin in a fairly brief fashion in Brigade with other mine owners. I just wanted respect of the Opposition spokesman, the to raise that concern with the Minister. If we honourable member for Mount Isa. His were to have that provision in many other contribution was, in my view, unfortunate in so areas, it would be questioned very closely. I do far as it did not address the Bill. In recent appreciate that the Minister does have the times we have become used to that approach oversight and overview of all of the from the Opposition spokesman. He tends to agreements, but it is still a difficult concept to drift across a number of issues. I will just briefly accept. When we are talking about mines cover a number of those things. rescue, we are talking about the lives of the He spoke about the restructure of the workers, and it is of concern that there are no DME and the regional offices and so forth. He union representatives—or even workers' was also concerned about the loss of a representatives—actually on the board of regional manager in Mount Isa. I would like to directors. The broad concept of having written point out very briefly, because I wish to spend agreements between mine owners and more time on very important issues in this directors of the mines rescue service, who legislation which have been raised by other themselves are mine owners, is of concern. speakers, that Mount Isa is getting one extra The mines rescue board in New South Wales person and that it is going to be far better has two union representatives who have a served than it is currently. We are putting three good input. regional officers into Brisbane, Townsville and Mr Gilmore: You will find that the balance Rockhampton as part of this restructure. As a is still about 3 to 1. result we expect to give far better service to the mining industry and to those people who Mr CAMPBELL: Yes. are involved with it. We are doing a number of Mr Gilmore interjected. things in this respect. For instance, we are building a new building in Charters Towers so Mr CAMPBELL: But they still have some that we get better access for the community to input. I will put it this way: if there are at least that mines office and so on. Without going one or two union representatives—what I into any depth, I am very comfortable with the regard as the workers' representatives—on the rearrangements of the mining industry in board, in the case of possible negligence or regional areas at present. It is a great pity that any possible downsizing in the equipment or the Opposition spokesman has not come and other aspects, that would be very quickly spoken to me about this, because I could picked up and brought to the notice of the have eased some of his concerns. directors because that is their responsibility and they have a duty of care to ensure a safe As part of his ramble, he also covered working environment. That would ensure it Government involvement in the marketing of would be brought to their notice. coal. I say this to him: we have always believed that the marketing of a commodity That is one issue that I wanted to raise belongs to the owner of the commodity, and I wanted to put on record my personal whether it be a farmer, Woolworths or the concerns about the appointment of the coalmining corporations. That is not to say, directors of the mines rescue company. I hope however, that there is no role for the that my fears do not come to fruition in the Government to play in that. On Tuesday of future. It concerns me that, if money gets tight next week I will depart for Germany where I will or if there is a recession in the coal industry, attend an Australia/Germany energy the coal owners will start reducing their input. conference, and I will be playing a role in that That is when the Minister will have a great conference. I will be taking a considerable responsibility, but I would rather make certain volume of documentation with respect to the that that situation does not arise. Queensland coal industry in terms of the 4102 Coal Legislation Amendment Bill 30 Oct 1997 specifications and others written in German "I come to this table with no and in English— baggage. I am a farmer. I know nothing Mr Hamill: Auf wiedersehen. of coalmines. I know nothing of coalmine owners. I have no real interest in that. Mr GILMORE: Auf wiedersehen indeed. What I do have is a great concern about That is the limit of my capacity with the safety in the workplace. I have great German language. We are going to great concern that every person who works in a lengths to promote Queensland coal. While I coalmine in this State ought to have am in Germany, I will be hosting a breakfast every expectation of returning to home for Queensland coal producers and German and family at the end of the shift hale and industrialists to pull them together. hearty." Mr Hamill interjected. I would stand condemned in this place if I felt differently. I do not. Today, I seek to erase Mr GILMORE: It is crucial. Over the next those suspicions and concerns that I, as number of years there will be a reduction in Minister, have some ulterior motive which is the rural coalmines in Germany. There is going designed to somehow benefit coalmine to be about a nine million tonne deficit owners at the expense of those who go below between production and consumption in the ground. I do not, and I will not. Germany and I am hoping that Queensland will be able to pick up some of that deficit as a The question of the employee result of my visit to Germany. representative was raised by the member for Bundaberg and the member for Fitzroy. We However, the best thing that we can recognise that there is an imbalance there, but do—and I have said this before in the we understand the reasons for it in terms of Parliament but it requires reinforcement—is to the costs associated with the management of get industrial relations right. This Government this thing. It is my understanding that people has moved in that direction. We have to get such as Andrew Vickers from the CFMEU departmental processes right, and we have understand and have agreed to that position. moved in that direction. We have to get the That is not to say that I will, at any time in the legislation right, and today we are moving in future, fail in my duty to fulfil the expectations that direction. I think that satisfies the of this Parliament and the coalminers of this concerns of the member for Mount Isa. State if this system goes off the rails. I will not I now move on to some more meritorious fail. I give that assurance to this House today. contributions. I would like to begin by dealing Questions were raised about the articles with the contribution of the member for Fitzroy. of association and the use of the word "may" The member for Fitzroy comes to this place as instead of the word "must". I understand the a coalminer, and I understand his passion, I concern about those things. I believe that the understand his interest, and I sympathise with concern is probably overstated. We in this it. What I do not understand is the continued Parliament have goodwill towards the lives and concern and suspicion that he has that I, as wellbeing of miners and I believe that our Minister, may well not be doing the right thing. expectations for this legislation will be fulfilled. I am sorry about that because I have tried very Questions were raised concerning funding hard in a bipartisan way to spread the and the standard of service. I will speak in message that, indeed, I am concerned about some detail on these matters in the safety in the workplace. Please take that Committee stage when amendments are message. moved to this legislation. In the last 18 to 20 I would reiterate for members of the months the honourable member for Fitzroy, on Parliament, but especially for the member for a couple of occasions, has raised the question Fitzroy, some words that I said recently at a of old equipment that currently exists in the brief meeting that I had with members of the hands of the Mines Rescue Brigade. I believe CFMEU. We were talking about safety in the the honourable member raised the question of context of the other safety legislation which is a 16-year-old vehicle that was a problem. It is to come before this Parliament shortly. We now probably 18 years old. That is of concern were negotiating this position about whether to us all. The age of the vehicle, of course, we would have statutory positions or others. has little to do with its mechanical workings The statutory positions as they occur today, and whether it is competent or not. Certainly plus one, are enshrined in that legislation. But the member for Fitzroy questioned the age of there was great suspicion and fear about what the machine. would happen down the track. I said this to If the standard of service is a question these people— now, it seems that there is a slight 30 Oct 1997 Coal Legislation Amendment Bill 4103 contradiction in respect or the member for through this Parliament, if everyone plays their Fitzroy's position in terms of the old equipment role we will never again need the services of that is currently in service. It is my absolute the Mines Rescue Brigade. We want to keep expectation that the amendments going them. We want to resource them and train through in this legislation today will ultimately them and have them there. But I never want result in better equipment because this to be the Minister who is rung up in the middle legislation demands it. This legislation of the night and told that there is an explosion establishes some rules and some guidelines in a coalmine. People are locked in that and some certainty in respect of equipment. I environment. We do not want to go through look forward with some expectation to those that process again, as was the case with the improvements. unfortunate previous Minister who had to receive such a phone call. That is the reason A couple of spokesmen also raised the why we are here today. question of inertisation, and I want to speak about that at some length. This matter was The member for Kallangur made what I raised by the member for Kallangur, and I am consider to be a very measured and sensible pleased that he did. He raised some questions contribution to this debate. He raised a that I might otherwise have not addressed. number of questions about the history of the The inertisation of coalmine atmospheres is mining industry. I believe his contribution was one of those things that people all around the sensible because if we ignore history we are world are moving towards because it is a way going to relive it. That is not original, but it is of not only saving lives but it is a way of saving true. So we go back and we relive these mines. We do these things before we lose the historical moments and we reinforce our game. That is why we have moved towards concern about these things, and our the purchase of inertisation equipment from commitment never to relive it. Poland. This equipment is well-recognised The member for Kallangur did say worldwide. It is used in South Africa and something, however, which deeply concerns Poland. It is used as a management tool in me. He said there was a question about the respect of these mines. It is a highly technical commitment of the Chief Inspector of Mines to and competent piece of equipment. inertisation. That is simply untrue. Sadly, these Mr Pearce: This is if all the data is correct kinds of stories circulate from time to time. and it hasn't been fiddled with. They are destructive rather than productive. They are aimed at destroying the trust, the Mr GILMORE: The question was whether understanding, the feeling of camaraderie and all the data is correct and it has not been the feeling of oneship, and they ought not be fiddled with. I can only assume that all of the raised. Those sorts of things are a waste of experts who have looked at the machinery— energy and time. However, I am glad that it whether they are ACIRL, CSIRO, SIMTARS, was said, because it gives me an opportunity the mining unions, my department and once again to reinforce the fact that, since the others—have run the rule across this Moura disaster, we have changed the Mines machinery with great rigour, particularly during Inspectorate. We have new people—people the trials which were carried out recently at with enthusiasm, drive and understanding— Collinsville. I will come to that matter in respect and they are competent in the things that they of the Tomlinson boiler versus the GAG jet do. They are absolutely determined and shortly. All of those organisations have signed committed to mine inertisation. off and said, "This is the way for the future. This is the way in which we can extract In terms of the GAG jet engine and its persons from the mine. If there is any hint of utilisation underground—those members who danger we can inertise that mine in a few have been down coalmines would know that hours. We can reduce heating. We can there are pieces of equipment down there that reduce the situation of explosive atmospheres. are even louder, which move and vibrate, but We can save lives." they do not destroy the mine. When we put that jet engine down the hole in Collinsville, it That is why we are here. At the end of the did not vibrate to the point where we had any day, the mine remains intact and is therefore problems whatsoever. There was no roof able to be continued as a productive unit in failure. There was no failure of the walls. There our Queensland coalmining industry as was no danger. There is no question about opposed to some of those mines, including that. What we did find, however, was that we Moura No. 2, which has been sealed since the were able, in a minimum period—indeed, a explosion. It is a waste of a resource for this number of hours—to extinguish a fire in that State. Once we get this and other legislation coalmine. That is, I believe, the benefit that we 4104 Coal Legislation Amendment Bill 30 Oct 1997 are going to get from this particular The people who are operating with that equipment. equipment are highly attuned to the situation The Tomlinson boiler plays a different they are in and they are highly aware of the role. It is smaller equipment. It allows far less danger within the mine. I am satisfied that, if inertised gas to enter into the mine space. It is we have to go through that process in a real a useful piece of equipment. Indeed, they are sense, rather than in Collinsville No. 2, I would difficult to buy, because as fast as they be more than pleased to provide those manufacture them they are taken up by the exemptions. Indeed, the indemnity to Mount marketplace. They are used more specifically Isa Mines in respect of the operation of that in continuous mining operations. I have seen equipment was a perfectly sensible one operating in the BHP high-wall operation arrangement between the Queensland at Moura. The Tomlinson boiler was used to Government, which wanted to test some equipment by setting fire to a mine, and the inertise the environment within which the high owner of the mine. It was a perfectly sensible wall was operating. Those are the kinds of arrangement, and I was more than pleased to things for which they are used. The GAG jet accede to it. So there is no doubt, in my engine can provide vast volumes of inertised view—and in the view of all those people who gas very quickly indeed, and it can provide a carefully monitored the process—about the safe atmosphere. It can save a mine and success of the Collinsville test. miners when there is a dangerous situation in a mine. Other issues have been raised, but in view of the time and the fact that a number of Mr Pearce: Do you have total faith in the Opposition amendments to this legislation are GAG jet engine? about to be moved, I will leave my contribution Mr GILMORE: The question is whether I there rather than to say thank you again to all have total faith in the GAG jet engine. I have of those people who have a commitment to absolute faith in the capacity of those mine safety in this State and who have made people—whether it be the CFMEU, the CSIRO meaningful contributions to this debate. That or anybody else who actually was there at is important, because mine safety is all that is Collinsville and monitored that situation. I trust important in this debate. that the member went, because I guess he Motion agreed to. was invited. We wanted everybody to be there, because if it was going to fail we wanted to know that it had failed, but it did not fail. I Committee was there one day, and within four hours they Hon. T. J. G. Gilmore (Tablelands— extinguished a blaze within that coalmine. Of Minister for Mines and Energy) in charge of course I have great belief in the competency the Bill. of that. I also have considerable belief in some Clauses 1 to 6, as read, agreed to. of the software that has been produced by Polish mining engineers to demonstrate the Clause 7— extension of heating into mines as a fire Mr McGRADY (2.56 p.m.): I move the progresses, and the prediction of how one following amendment— might have to tackle a fire in a mine. All of "At page 8, line 11, after 'provides those sorts of things are new technology. We a'— must grasp them or we will fail, and we will not fail. insert— A question was raised about the 'satisfactory'." indemnity in respect of the GAG jet engine. As I stated in my main speech, the Yes, there was an indemnity. I understand Opposition has a number of amendments to that was for two things. One was, of course, move. I have discussed them with the because of the aluminium fixtures and parts Minister. We do not propose to divide the that go on that equipment. That is a standard Committee on any of these amendments, nor problem in coalmines, because of the do any of my colleagues intend to speak to electrical conductivity of aluminium. The them. We have had discussions with officers second was the fuel that was taken down the of the department. We have also had mine. While that whole process was operating discussions with the Minister. On behalf of the with the benefit of an indemnity, it was, of Opposition, I thank the Minister for his course, enormously well controlled. That would cooperation with some of them. I want to be the case every time one tried to inertise a emphasise and have it recorded in Hansard mine atmosphere. that the only reason we are moving these 30 Oct 1997 Coal Legislation Amendment Bill 4105 amendments is that we believe it will add to 'and sealed under this Act or any other the safety of the industry. Act about coal mines'." Mr GILMORE: This amendment moved Mr GILMORE: I thank the honourable by the honourable member for Mount Isa member for his amendment to the legislation. seeks to introduce an extra qualification in Unfortunately, for a number of very good terms of this particular clause, that qualification reasons, my response must be that we cannot being the word "satisfactory". I am concerned accept that amendment. The amendment about that. I understand why the honourable inserts the words "and sealed under this Act or member has moved this amendment. any other Act about coal mines". The question However, it attempts to qualify an item which is arises about the legality of the Mines Rescue already well defined in the legislation. In my Brigade being able to enter a mine after it has view, we ought not, as a Parliament, set traps been sealed as part of a mine safety rescue for people by saying that this is satisfactory or operation. Therefore, we believe that if we that it ought to be satisfactory, because the included this particular amendment in the question always resides then: satisfactory to legislation, we would inhibit the Mines Rescue whom? Also, the question asked from time to Brigade in the work that it does. time by courts, which get to interpret the Amendment negatived. legislation if ever the question is raised, is: to whom was it satisfactory—the mine owner, the Mr McGRADY: I move the following union, me as a Minister, or any other amendment— disinterested party? So I would prefer that we "At page 9, line 1— did not include the word "satisfactory" in this omit, insert— clause for those reasons. It is adequately described further in the legislation. The '(b) in which no staff of the mine, definition of the mines rescue capability caretaker or other person is contained in this Bill is— employed.'." "... the ability to provide a suitable Mr GILMORE: I reject the definition in so number of trained persons and far as the Bill as it is presented states "in which maintained equipment to allow no person is employed". I think that that more continuous rescue operations to take than satisfactorily defines what is necessary. place and help the escape of safe The insertion of the words "staff of the mine, recovery of anyone from a mine if it has caretaker or other person is employed" adds an irrespirable atmosphere." little or nothing to "in which no person is employed". I do not think that it would add to It is important that we do not reintroduce the the legislation and would simply cause word "satisfactory". confusion. Amendment negatived. Amendment negatived. Mr McGRADY: I move the following Mr McGRADY: I move the following amendment— amendment— "At page 8, line 19— "At page 9, lines 9 to 13— omit, insert— omit, insert— '(ii) meet the performance criteria; and ú'Meaning of "mines rescue capability" (iii) have sufficient funding to meet the '103C. "Mines rescue capability" means performance criteria.'." the ability to— Mr GILMORE: I have no objection to the (a) provide a suitable number of trained inclusion of new subsection 103A(d)(iii). This persons and maintained equipment amendment will reinforce proposed new to allow continuous rescue section 103F, which relates to the funding of operations to take place and help the mines rescue. I am more than happy to escape or safe recovery of anyone accept the amendment. from a mine if it has, or may have, an Amendment agreed to. irrespirable atmosphere; and" Mr McGRADY: I move the following Mr GILMORE: I am more than pleased to amendment— accept amendment 5 part (a) from the Opposition. I believe that it adds to the "At page 8, line 25, after legislation and provides some further certainty 'abandoned'— to the legislation. insert— Amendment agreed to. 4106 Coal Legislation Amendment Bill 30 Oct 1997

Mr McGRADY: I move the following Mr GILMORE: Once again, sadly, it is no amendment— great relief to me to be able to say: no. After "At page 9, after line 13— the words "mines rescue capability" the amendment would insert the words— insert— "... and ensure enough funds and (b) have suitable equipment, persons personnel and resources are provided for and resources to recover or protect a the corporation to effectively perform its mine in an emergency.'. " functions and meet the performance Mr GILMORE: I reject the amendment. I criteria." would like to explain the reason. I think it is In respect of the funds, proposed new section important that members of the Assembly 103N deals with the provision of core functions understand that the prime function of the by the accredited corporation in relation to the Mines Rescue Brigade is about recovery or provision of mines rescue services. The escape of persons from a mine. It has little to provision of funding is not a core function and do with the recovery of equipment, etc. It is for is not appropriate to be included in this clause. that reason that I suggest we ought not However, this proposed amendment is already shackle the Mines Rescue Brigade with the included in proposed new section 103F, which responsibility of saving mines and protecting provides the means by which an accredited mines. If that comes within the purview of a corporation will be funded to allow it to provide situation that arises, that is fine. If a mine, for mines rescue services. instance, in difficult circumstances or after a disaster requires specialist assistance to get in Amendment negatived. and save the mine, that is the sort of thing to Mr McGRADY: I move the following be done on a fee-for-service basis by the amendment— Mines Rescue Brigade. There is no impediment to that in the legislation. I suggest "At page 16, line 1— that we would be very wise indeed to keep the omit, insert— focus of the Mines Rescue Brigade on the '(ii) providing appropriate mine training safety of persons rather than things. and mines rescue training Amendment negatived. programs;'." Mr McGRADY: I move the following Mr GILMORE: After the inclusion of the amendment— words "appropriate mine training", proposed "At page 9, line 21, after 'provide a'— new section 103N would read— insert— "... providing appropriate mine training and mines rescue training programs." 'continuous'." The business of mine training is not the core Mr GILMORE: I have thought very business role of the Mines Rescue Brigade. carefully about this. Regrettably and The requirement of an owner operator to unfortunately, I have to say that I reject the provide appropriate mine training is contained insertion of the word "continuous", once again in the Underground Special Rules of the Coal because it is already covered in the Bill. Part of Mining Act 1925. Although the QMRS should the definition in proposed new section 103C be able to provide all of that training—and that connotes the words "to allow for continuous falls once again within the purview of their fee- rescue operations to take place and help the for-service training—it is considered that that is escape ... " Although I understand what the a commercial venture and not a core function amendment seeks to do, it is already provided of mines rescue. There is no restriction in the for elsewhere in the Bill. Bill on QMRS providing mine training on a fee- Amendment negatived. for-service basis. Mr McGRADY: I move the following Amendment negatived. amendment— Mr McGRADY: I move the following "At page 15, line 28, after amendment— 'capability'— "At page 16, line 13, after insert— 'equipment'— 'and ensure enough funds and personnel insert— and resources are provided for the corporation to effectively perform its ', rescue volunteers'." functions and meet the performance Mr GILMORE: This amendment is being criteria'." dealt with in two parts. With the insertion of the 30 Oct 1997 Coal Legislation Amendment Bill 4107 words "rescue volunteers and resources", the than pleased to have that word included in proposed new section would read— that particular clause. I think that saying "provide equipment, rescue volunteers "effectively" perform audits or other things is and resources to perform its obligations certainly worth while. I have no objection to the under mines rescue agreements ... " amendment. The responsibility of the Mines Rescue Amendment agreed to. Brigade is not to provide volunteers. Indeed, if Mr McGRADY: I move the following no volunteers were forthcoming in respect of a amendment— rescue operation at a mine site, then the "At page 16, lines 19 and 20— Mines Rescue Brigade could be in contradiction of the legislation. That would be omit, insert— most unfortunate. It is there to provide the '(e) provides an effective ongoing expertise, equipment, etc., but not the emergency procedure to assist volunteers. We simply have to reject that owners if an emergency happens.'." application. I am more than prepared to Mr GILMORE: This amendment seeks to accept the next amendment. provide an effective ongoing emergency Amendment negatived. procedure to assist owners if an emergency Mr McGRADY: I move the following happens. The existing clause 103O(2)(e) amendment— states— "At page 16, line 13, after "provides an effective procedure for 'equipment'— owners to help each other in an emergency." insert— I think that that effectively achieves the 'and resources'." outcome. The Mines Rescue Brigade is there Mr GILMORE: The words "and resources" to provide a service. If it is necessary for inter- enhance the performance criteria and, mine assistance, then that is provided. The therefore, are very acceptable indeed. I am requirement for the mines rescue corporation pleased to accept those words in the Bill. to help mine owners in an emergency as a Amendment agreed to. core function is contained in clause Mr McGRADY: I move the following 103M(1)(a). amendment— Amendment negatived. "At page 16, line 15, after 'ensures'— Mr McGRADY: I move the following insert— amendment— 'suitable'." "At page 16, line 24 to 26— Mr GILMORE: The proposed amendment omit, insert— is the inclusion of the word "suitable" when ' "mines rescue equipment" means describing mines equipment. Once again I suitable equipment for use in an raise my concerns about the definitions of the emergency by— terms "suitable" and "satisfactory". However, (a) the corporation; or mines rescue equipment is defined already in legislation as a footnote to clause 103O. (b) an underground mine owner who is a Again, it is an attempt to identify existing party to a mines rescue agreement definitions. I have the same response to the with the corporation under which the previous amendment which sought to include owner has agreed to provide support the word "satisfactory": I believe that I cannot to the corporation in an accept it as an amendment to the Bill. emergency.'." Amendment negatived. This is the last amendment that the Opposition will be moving. I take this Mr McGRADY: I move the following opportunity to place on record my thanks and amendment— appreciation to the members of my "At page 16, line 17, 'performs'— parliamentary committee who worked long and omit, insert— hard on this Bill in trying to secure a safer industry, particularly Jim Pearce, who again 'effectively performs'." brought his knowledge of the industry to the Mr GILMORE: Once again, the inclusion committee, and to those people in the trade of the word "effectively" into this legislation is union movement and others who certainly very acceptable to the Government. It is more assisted us in our research. 4108 Crime Commission Bill 30 Oct 1997

Previously, the Minister said that he does Kianga, Box Flat and other places. Indeed, not want to get the telephone call in the members would realise that Mount Mulligan is middle of the night. I inform the Parliament in my electorate. The 70-odd graves resulting that there is no worse call that a Minister could from that mining disaster lie on a very rocky receive than the call that I received at 2 o'clock hillside in my electorate. Usually, I visit them in the early hours of Monday morning when I once every couple of years as part of a was informed of the tragic accident at Moura. memorial that is held for those people. The then Premier Wayne Goss and I I thank everybody for their contributions immediately went to Moura. We saw the and their commitment to make the workplace workers in the Mines Rescue Brigade, in mines better. I thank my staff, particularly devastated by what had happened, trying to the inspectorate and those people in my recover their workmates with whom they were department who are involved in mines safety probably having a drink the day before. It is for their commitment. I thank them for their only on occasions such as those that one contribution to this legislation, because it has realises the dedication that those men and been so important. As we go in the next few women have as they go about trying to make weeks into the next tranche of the next mine a safer environment. safety legislation, I look forward to the same On behalf of the Opposition, I place on bipartisan contribution and support for the record our appreciation to the old organisation things that we try to do for the workplace in the for the work that it did and the many lives that mining industry. it would have saved over many years. I also In conclusion, I have to say that I cannot recall that a few days after the disaster the accept this last amendment to the legislation. then Premier, the now Premier and I, together The existing definition of "mines rescue with Jim Pearce and some other people, went equipment", when used in conjunction with to the memorial service at Moura. It is clause 103O(2)(c), provides that all equipment something that nobody would ever want to go that has to be used in an emergency by either through again. When somebody dies, we the corporation or underground mine owners have the comfort of a funeral where we can must be maintained, tested and certified to say farewell to the people or that person. any specification by its manufacturer. We are Today, I had that very unpleasant duty myself not sure what was intended by the in going to say farewell to a friend. However, in amendment. However, it would appear that it the case of a mining accident, those bodies was intended that the mine owner provide are still entombed in the mine and some of equipment to the corporation in an those widows and members of the men's emergency. That is not the case as it is the family still believe that one day their loved one corporation which, in fact, provides assistance will be found alive. That is why it is important to to the mine owner in an emergency. have a memorial service. So for those people Amendment negatived. who do not quite understand the underground mining environment, we have been discussing Clause 7, as amended, agreed to. a very important organisation both last night Clauses 8 to 19, as read, agreed to. and today. On behalf of the members of Schedule, as read, agreed to. Parliament, the people of Queensland and, in particular, on this occasion the members of Bill reported, with amendments. the parliamentary Labor Party, I want to place on record our thanks and appreciation. Third Reading Mr GILMORE: I thank the member for Bill, on motion of Mr Gilmore, by leave, Mount Isa for his contribution to this last read a third time. amendment to this piece of legislation. Let me say that I and the member for Callide were also in Moura on that day. CRIME COMMISSION BILL Mr McGrady: I am sorry. Hon. T. R. COOPER (Crows Nest— Minister for Police and Corrective Services and Mr GILMORE: It was one of those Minister for Racing) (3.20 p.m.), by leave, extraordinarily traumatic days when a whole without notice: I move— community grieves. I suppose it left a scar on all of us who came there as observers rather "That leave be granted to bring in a than participants in the sense that we were not Bill for an Act to establish the Queensland part of that community. I believe that the scars Crime Commission, and for other that it has left on that community reside there matters." today and will forever, as they have done at Motion agreed to. 30 Oct 1997 Crime Commission Bill 4109

First Reading organised crime and paedophilia, particularly Bill and Explanatory Notes presented and networked paedophile groups. Bill, on motion of Mr Cooper, read a first time. Even though the commission will have special powers available to it, the Government has endeavoured to ensure appropriate Second Reading safeguards against the potential for Hon. T. R. COOPER (Crows Nest— inappropriate use of those powers. The Bill Minister for Police and Corrective Services and provides for strict accountability mechanisms Minister for Racing) (3.21 p.m.): I move— to balance and control the exercise of those "That the Bill be now read a second powers. time." Predictably, there will be those with short- For many Queenslanders the effects of sighted and plainly political agendas who will organised crime and paedophilia are an all too try to paint this Crime Commission initiative as real fact of life. Evidence of the activities of an alleged get square with the Criminal Justice drug barons supported by extensive and Commission. I put on record in this House my sophisticated criminal networks can be seen in total and utter rejection of that assertion for our hospitals and our morgues, in the used what it is—a fallacy and a political myth, needles littering our suburbs and streets, and perpetuated for cynical political motives. For in the seemingly endless stream of young examples of political cynicism on this point one people whose lives are being laid to waste by need look no further than the Opposition drug addiction. Leader, who is on the record innumerable times advocating and calling for a Crime Similarly, events of recent times have Commission and will take any opportunity to shown that an insidious and malignant cancer, score a petty political point. the crime of paedophilia, is preying on our children. The Wood royal commission in New All I can say is the Opposition is South Wales, cases of multiple child sexual considerably out of step with community abuse such as those reported by victims at sentiment. The people expect strong and Neerkol Orphanage and the report of the decisive action against organised crime and Children's Commissioner have all precipitated paedophilia, and that is what they will get from greater awareness and recognition in our this Government and from a Crime community of this problem and led to a Commission. resolution of this Parliament to more pro- There is a strong view that the multiple actively address this abhorrent criminal activity. functions and responsibilities of the CJC mean The establishment of a permanent Crime that resources and energies are divided in Commission with the role of investigating such a way that do not permit a suitable organised crime and paedophilia delivers the concentration on combating organised crime. intent of this Parliament and delivers a The creation of a Crime Commission will commitment by this Government to the people provide a singularity of purpose with regards to of Queensland to have an effective assault organised and major crime and paedophilia, against the criminal low-lifes striking at our and will free the CJC to concentrate more fully communities. It has long been recognised that on its very important charter of corruption traditional law enforcement methods and detection and prevention—a function that has powers are simply not effective enough to deal this Government's wholehearted and with certain types of offences and offenders unreserved support. and the increasingly sophisticated nature of A compelling reason for a crime organised crime. Hence the need for a specific commission is one the Opposition Leader body with special powers to combat organised himself has been a proponent of in the past, crime. that is, the very palpable conflict between the There have been concerns expressed in CJC's role as a watchdog over police this Parliament and in the broader community corruption and its close working relationship that existing law enforcement efforts have not with police through the Joint Organised Crime fulfilled expectations where pursuing major Task Force. This Bill will create a separate law and organised crime is concerned, and that a enforcement body that will take over from the much more focused and concentrated effort is CJC the role of investigating major and required. The Crime Commission will have the organised crime. necessary special powers at its disposal that The intelligence role concerning those are material to penetrating the complex, functions will also be relocated from the CJC to secretive and sophisticated curtain of the Crime Commission. The three law 4110 Crime Commission Bill 30 Oct 1997 enforcement agencies, the Queensland Police The composition, role, functions and Service, the Criminal Justice Commission and powers of the management committee are the Crime Commission will each have the critical to the oversight and operation of the ability to maintain an intelligence function QCC. The management committee will supporting its own activities. The parliamentary comprise the Crime Commissioner as chair, commissioner will overview those intelligence the Police Commissioner, the chairperson of functions. This is not a duplication of roles by the CJC, the chairperson of the NCA, the chair the CJC and the Crime Commission, but a and deputy chair of the PCJC, the transfer of functions from one body to another, Queensland Children's Commissioner and two enabling more focused and effective attention community representatives, one of whom by both bodies on their core charters. must be female and one of whom must have The QCC's specific charter will be to a demonstrated interest in civil liberties. investigate and gather evidence for the The composition of the committee is prosecution of suspected criminal paedophilia, intended to strike a balance between law organised crime and major crime referred to it enforcement on the one hand and bipartisan by its management committee. Succinct parliamentary, community and civil liberties definitions of the offences that may be representation on the other. The Minister will investigated by the QCC are given in the Bill be obliged to consult with the Leader of the and are particularly important in defining the Opposition before nominating persons as limits of the QCC's activities. community representatives to the committee, which fosters an element of bipartisan support Criminal paedophilia takes in offences of with regards appointments. a sexual nature committed against children or offences relating to obscene material depicting The QCC will operate strictly on a referral children. Indictable offences carrying a penalty basis from the nine-member management of 14 years or more constitute major crime, committee, as distinct from the CJC model while organised crime is strictly comprised of which relies on references solely from its five elements, one of which is that the chairperson. This mechanism introduces an maximum punishment is not less than seven important foil against the inappropriate years imprisonment. exercise of the QCC's powers. The management committee may only refer Importantly, the Crime Commission also matters to the QCC under specific will be tasked with recovery of the proceeds of circumstances, where it is satisfied that criminal activity in order that the profits of investigations using ordinary police powers organised crime can be seized and returned to would not be effective and where the the people who fund law enforcement—the seriousness, extent and consequences of the taxpayer—and to prevent the re-investment of activity warrant a QCC investigation in the cash or assets in further criminal activities. public interest. A further object of the Bill is to create an The management committee will also environment of cooperation in law have the authority and the power to place enforcement in this State and enable the limits on a QCC investigation, including placing creation of joint task forces. Giving the QCC limits on what powers may be exercised. It certain functions does not inhibit or preclude may access, confidentially, whatever QCC the Police Service or another law enforcement information it deems necessary to fulfil its agency from also performing related functions. duties. The committee will also be empowered However, there is a requirement for the to deal with complaints against the QCC and agencies to work cooperatively to achieve its members and employees. It is important to optimal use of available resources. emphasise that the CJC will have jurisdiction There are cynical claims from some over the QCC with regards to official quarters that law enforcement agencies will be misconduct, and the management committee motivated by a desire to protect their turf and will be obliged to refer matters of suspected may be reluctant to work cooperatively official misconduct by QCC officers to the CJC. together. However, it is my experience that law The Bill specifically recognises the enforcers are highly skilled and professional in principle that the investigation of official their conduct, and motivated by one thing— misconduct should be undertaken getting the job done and nailing the target independently of general law enforcement and criminal or criminals. To suggest otherwise reinforces the CJC's role in this area by stating does considerable injury to the calibre, integrity that the need for cooperation between law and professionalism of the officers and enforcement agencies may be subordinate to agencies concerned. the need for independent investigation of 30 Oct 1997 Crime Commission Bill 4111 official misconduct. There is a positive independence and standing of the person requirement in the Bill for the QCC to refer to selected as Crime Commissioner will be above the CJC evidence of official misconduct it reproach and above political partisanship. I uncovers through its activities. have already issued a public invitation to the There is provision in the Bill for a standing Leader of the Opposition to participate in a reference from the management committee to panel to select the Crime Commissioner. That allow the QCC to investigate criminal invitation still stands; however, the Bill takes paedophilia. This should in the first instance my commitment one step further by requiring short circuit any delay in dealing with the the Minister of the day to invite the Leader of offences relating to this extremely serious the Opposition to either sit on the panel or matter. nominate another person in his or her place. While the Crime Commissioner must be a The parliamentary commissioner and a person eligible for appointment as a judge of Public Interest Monitor also have critical the Supreme Court, there is no requirement watchdog roles to play in the oversight of the for an assistant commissioner to be a legal QCC. The parliamentary commissioner will be practitioner, ensuring that a broad skills base required to undertake an annual review of the and different streams of expertise can be intelligence data held by the QCC, the drafted into service. Queensland Police Service and the CJC to establish the appropriateness of data held, I now turn to one of the most important reveal unnecessary duplication and determine aspects of the Bill—the powers of the Crime whether agencies are working cooperatively Commission. The Crime Commission will be with regards to their intelligence management. able to exercise powers similar to the The parliamentary commissioner is also to Queensland Police Service with regards to the consider whether any agency is unnecessarily use of warrants concerning the conduct of restricting access by other agencies to searches generally and the seizure of intelligence data. evidence. The use of surveillance devices and covert search warrants will also be available to The parliamentary commissioner is also the QCC upon successful application to a charged with the task of reviewing and Supreme Court judge, or in some instances deciding whether the CJC will be allowed relating to tracking devices, upon application access to QCC information in instances where to a magistrate. Surveillance and covert access is disputed and has the power to search warrants can only be issued after due provide access to the CJC for its consideration of a number of factors, and the investigations. The Public Interest Monitor will issuing judge or magistrate may impose any provide critical and independent probity of the conditions considered necessary in the public use of invasive warrants by the Crime interest. Commission. Compliance of the QCC with the Act in relation to applications for surveillance The Public Interest Monitor must be warrants and covert search warrants will be advised of surveillance and covert search scrutinised by the Public Interest Monitor, who warrant applications. The monitor has the will appear before the Supreme Court judge important function of appearing at each hearing the matter and test the validity of the application for such warrants to question the application by examining and cross-examining applicant and also to make submissions to the witnesses and making submissions. The judge. The QCC may itself authorise the monitor will also gather statistical information emergency use of a surveillance device in about the use and effectiveness of restricted instances where there is a risk of surveillance and covert search warrants, report serious injury to a person and the use of a non-compliance to the management surveillance device may help reduce that risk. committee and must present an annual report A Supreme Court judge and the monitor must to the Minister, who must in turn report to the be advised of the use and circumstances of Parliament. this emergency surveillance provision within seven days. Importantly, this Bill also amends the Criminal Justice Act in order that the functions, The Bill provides caveats against the powers and responsibilities of the Public disclosure of information obtained using Interest Monitor in scrutinising applications for surveillance warrants except to specified the use of listening devices apply equally to persons and requires that a register be kept of the Criminal Justice Commission. In setting up information disclosed as well as when and to the Crime Commission, the Bill establishes the whom it was disclosed. This register is open to offices of Crime Commissioner and Assistant scrutiny by the monitor and the issuing Crime Commissioner. The integrity, authority. 4112 Crime Commission Bill 30 Oct 1997

The QCC is also obliged to maintain a safeguards. When a witness claims privilege register of applications for search warrants, against self-incrimination, any answer then surveillance warrants and covert search given under compulsion may not be used in warrants that is open to inspection by both the any subsequent civil, criminal or administrative monitor and the parliamentary commissioner. proceedings. The Crime Commission will have the power to A QCC investigative hearing will not be direct an individual to produce a document or open to the public unless the management thing or appear as a witness. A decision by the committee grants its express approval QCC to direct a person to produce or attend is following consideration of a number of factors open to appeal to the Supreme Court. Under specified in the Bill, including whether closing certain urgent circumstances, the witness can the hearing would be unfair to a person or be required to attend immediately but only by contrary to the public interest. The Bill also direction of a Supreme Court judge. provides that a witness at an investigative A person must comply with a notice to hearing is entitled to be legally represented, attend or to produce. However, a scheme has but any other persons can be present only by been put in place whereby a person may seek direction of the person conducting the hearing. to establish a claim that he or she is entitled to The legislation specifically ensures that refuse to answer questions or to produce a secrecy provisions do not operate to prevent document or thing sought by the commission persons defending a charge from properly by claiming privilege. In this instance, the briefing their legal representative. There is a person will be required to attend a QCC positive requirement for the QCC to disclose hearing to establish whether the person has evidence gathered at a QCC hearing that is reasonable excuse to withhold the requested material to the defence of a witness, on evidence. request of the defendant or his or her legal A QCC member conducting a hearing representative—unless a court specifies must then decide whether a refusal to answer otherwise. questions or produce requested evidence is The Bill also makes it an offence to justified; and in the event of a decision that a disclose any information contained in a QCC claim of privilege is not justified, that decision notice to attend or produce, even by the is open to appeal to the Supreme Court within recipient, if the notice states that anything seven days. On successful application by the contained in the notice must not be disclosed. QCC, the Supreme Court may require a These provisions do not operate to prevent a person to attend a hearing immediately. The person from disclosing that he or she has basis of the application would be that any been given a notice to attend, has attended in delay in attendance might result in the response to a notice, or has produced commission of an offence, the escape of a something as a result of a notice. The QCC suspected offender, the loss or destruction of may impose a condition on a notice that its evidence or may seriously prejudice an contents may not be disclosed, but the fact of investigation. An attendance notice must the notice itself cannot be suppressed. disclose, as far as practicable, the general A significant initiative of the Bill is the nature of the matters about which the person provision of a scheme where a person is may be questioned at the hearing, unless entitled to apply for financial assistance to doing so would prejudice an investigation. fund legal representation before a QCC The Supreme Court, on application by the hearing or if a person has appealed or wishes Crime Commission, may also issue an arrest to appeal a decision of the Crime Commission warrant compelling a person to attend, but to the Supreme Court. Approval of the only upon satisfying the judge that the person requested financial assistance must be given has been served with a notice to attend, and by the Attorney-General who, after considering has either not attended as required or has issues of hardship or other circumstances, will indicated that he or she will not attend. The determine the level of and conditions attached mechanisms provide for appropriate and to the approval. The cost of the financial important independent judicial approval for the assistance must be met by the Crime use of particular coercive or compulsory Commission. powers. It seems appropriate that I should This legislation will allow the QCC to conclude this speech with reference to the compel a witness at a hearing to answer a sunset clause. The Government has indicated question, even if the answer may be self- all along that every possible safeguard would incriminatory; however, the use of this power is be introduced to ensure the Crime balanced in the legislation by certain Commission does not overstep its charter. 30 Oct 1997 Justice and Other Legislation (Miscellaneous Provisions) Bill (No. 2) 4113

Hence the five-year sunset clause is both "That leave be granted to bring in a sound public administration and a considered Bill for an Act to amend various Acts policy response to issues raised through public administered by the Attorney-General and consultation. Minister for Justice and for other The QCC will not have the status of a purposes." standing royal commission, but one that is Motion agreed to. subject to a five-year legislative test coupled with stringent accountability mechanisms and probity, to vindicate its ongoing existence. The First Reading actions of the new body will be very closely Hon. D. E. BEANLAND (Indooroopilly— scrutinised via the management committee, Attorney-General and Minister for Justice) the parliamentary commissioner, the Public (3.41 p.m.): I present the Bill and the Interest Monitor, the Parliament itself and the Explanatory Notes, and I move— public at large to ensure that the Crime "That the Bill be now read a first Commission's powers are not misused or time." inappropriately turned against ordinary Queenslanders. Question—put; and the House divided— I would also like to acknowledge the role AYES, 41—Beanland, Connor, Cooper, Cunningham, Davidson, FitzGerald, Gamin, Gilmore, played by the general public, individuals with Goss J. N., Grice, Harper, Healy, Hegarty, Hobbs, expertise in this area and various Horan, Johnson, Laming, Lester, Lingard, Littleproud, organisations such as the Queensland Council McCauley, Malone, Mitchell, Perrett, Quinn, Radke, for Civil Liberties, the Queensland Law Rowell, Santoro, Sheldon, Simpson, Slack, Stephan, Society, Queensland Bar Association, Stoneman, Tanti, Veivers, Warwick, Watson, Wilson, Parliamentary Criminal Justice Committee, Woolmer. Tellers: Springborg, Carroll Queensland Police Service, the Queensland NOES, 41—Ardill, Barton, Beattie, Bird, Bligh, Police Union of Employees and others in Braddy, Bredhauer, Briskey, Campbell, D'Arcy, shaping the contents of the Bill. Valuable Edmond, Elder, Foley, Fouras, Gibbs, Hamill, insight was gained from public forums Hayward, Hollis, Lavarch, Lucas, McElligott, conducted around the State, and a number of McGrady, Mackenroth, Milliner, Mulherin, Nunn, suggestions contained in written submissions Nuttall, Palaszczuk, Pearce, Purcell, Roberts, Robertson, Rose, Schwarten, Smith, Spence, have been incorporated in the Bill. Sullivan J. H., Welford, Wells. Tellers: Livingstone, I would also like to specifically thank the Sullivan T. B. police officers, Parliamentary Counsel, Pairs: Borbidge, Goss W. K.; Elliott, De Lacy; interdepartmental representatives, including Baumann, Dollin Andrew Luttrell and Brad Smith, Mark The numbers being equal, Mr Speaker Jackson, Bronwyn Jolly and members of my cast his vote with the Ayes. own staff, particularly former Assistant Commissioner Frank O'Gorman and Kate Resolved in the affirmative. Southwell, who have worked with dedication and precision in formulating this legislation in Second Reading record time. The Parliament and the people of Queensland have expressed the view loudly Hon. D. E. BEANLAND (Indooroopilly— and clearly that a Crime Commission is wanted Attorney-General and Minister for Justice) and needed to comprehensively address (3.41 p.m.): I move— organised crime and paedophile networks. I "That the Bill be now read a second believe this Bill preserves important rights of time." the individual against the right of society to rid Honourable members will be aware that itself of the menace of these types of criminal this Bill is my fourth miscellaneous provisions activities. I commend the Bill to the House. Bill in addition to the other significant pieces of Debate, on motion of Mr Barton, modernising legislation which this Government adjourned. has introduced concerning the Queensland legal system. The Bill ensures that much needed statutory modernisation is not delayed JUSTICE AND OTHER LEGISLATION and the time of the Parliament is not (MISCELLANEOUS PROVISIONS) BILL unnecessarily expended on a number of (No. 2) disparate pieces of legislation, each of which Hon. D. E. BEANLAND (Indooroopilly— would be of a relatively minor nature. Attorney-General and Minister for Justice) As I have previously indicated in second- (3.40 p.m.), by leave, without notice: I move— reading speeches to other departmental 4114 Justice and Other Legislation (Miscellaneous Provisions) Bill (No. 2) 30 Oct 1997 miscellaneous provisions Bills, the Department Classification (Publications, Films and of Justice is responsible for the administration Computer Games) Act 1995—a of approximately 170 statutes and, as a result, Commonwealth Act. Despite the extremely there is a necessity for a large number of broad range of publications falling within this minor or technical amendments to be regularly unrestricted category, the current guidelines made to various legislative provisions to place no restrictions on the display of these ensure that the statutes continue to operate in publications. As a consequence, these the manner intended and are maintained in publications are deemed suitable for display in an up-to-date form. Generally these types of public places. Bills include provisions of a technical, discrete This new Part 2A establishes a scheme in and minor nature. However, departures from which the publications classification officer may this convention may be justified under by Gazette notice make an order prohibiting appropriate circumstances. display of a specified unrestricted publication In utilising these types of Bill, I have for sale at any public place to which children attempted to achieve three mission goals. have access unless the publications are They are, firstly, the appropriate size and concealed by a cover, rack or other thing, or shape of the Queensland justice system; the rack or other thing is at least 1.5 metres secondly, improving the operational efficiency above the floor or ground or they cannot be of the Queensland justice system and its seen without being held. In order to balance component parts; and, thirdly, most of all, the interests of the retailers of this material, improving the public confidence in the there are appropriate provisions providing for Queensland justice system. This Bill contains an appeal mechanism and a register of the amendments to approximately 47 statutes display orders. administered by the Department of Justice. Other amendments which are aimed at Not unlike previous departmental pursuing public confidence in the Queensland miscellaneous provisions Bills, there are many justice system are the proposed amendments legislative amendments contained in this Bill to the Crimes (Confiscation) Act 1989. The which have the objectives of carrying out these main object of this statute is to deter the three mission goals. commission of serious offences by removing In essence, this Bill will— the financial gain and increasing the financial Improve the operational efficiency of loss associated with their commission. This various Government departments such as object is achieved in the statute by providing the Queensland Police Service, the Office for, amongst other things, deprivation of of the Director of Public Prosecutions, the benefits derived from the commission of Public Trustee; serious offences. Accordingly, the proposed amendments amend Schedule 2 of the Provide clarification of existing law; statute to include various censorship statutes They do not modify the philosophy or such as the Classification of Films Act 1991 direction of the statutes that are being and the Classification of Publications Act amended. 1991. The effect of this amendment is that it These amendments to the Classification will enable the confiscation of proceeds of of Publications Act 1991 are aimed at contravention of these statutes. protecting children and families from the Once again, I have had the need to intrusive display of sexually explicit unrestricted amend the Justices Act 1886 to improve the publications. Honourable members would operational efficiency of the Queensland agree that we need to protect children and justice system and to clarify the existing law families from these publications, particularly within the statute. Given the changes to the when parents take their children into a role of the Magistrates Courts and the newsagency to buy the Saturday papers and enactment of other legislation, I have given a subsequently are confronted with these reference to the Queensland Law Reform intrusive displays of this sexually explicit Commission to undertake an urgent study of material. To give effect to this proposal, a new this somewhat antiquated statute. One of the part is inserted in the statute to place purposes of these amendments to this statute restrictions on the display of unrestricted is to correct a defect in the statute by creating publications. a scheme for the service of notices under Part By way of background, Queensland 4A. adopts the national scheme of classification of This amendment will also validate past publications prescribed in the national actions which took place on the assumption classification code contained in the that the Queensland Supreme Court decision 30 Oct 1997 Agents and Motor Dealers Bill 4115 in Gem Po-Chioh Cheong v. Webster the Classification of Publications Act 1991. I extended to service under Part 4A. After commend the Bill to the House. consultation with the Queensland Law Society Debate, on motion by Mr Foley, Inc, there are proposed amendments in the adjourned. Queensland Law Society Act 1952. One of these amendments is to enable legal practitioners to advise clients of the existence AGENTS AND MOTOR DEALERS BILL of an insurance policy covering pecuniary loss Hon. D. E. BEANLAND (Indooroopilly— arising out of excluded mortgages—solicitors' Attorney-General and Minister for Justice) mortgages—as an alternative to the current (3.52 p.m.), by leave, without notice: I move— notice requirements under the statute. "That leave be granted to bring in a Honourable members should be aware Bill for an Act to comprehensively provide that this scheme has been favourably for the regulation of the functions, commented upon by the New South Wales licensing and conduct of restricted letting Law Society Chief Executive who has asked agents, real estate agents, pastoral the New South Wales Government to change houses, auctioneers and trainee its Act to restrict the right of investors in auctioneers, motor dealers and solicitors' mortgage schemes to make claims commercial agents and their employees, on the society's fidelity fund in the same way and for other purposes." as Queensland has. Motion agreed to. The proposed amendments to the Travel Agents' Act 1988 basically update inspectors' powers in that statute by inserting the First Reading standard model for inspectors' powers which Hon. D. E. BEANLAND (Indooroopilly— has been an integral part of other Bills which I Attorney-General and Minister for Justice) have introduced into the House. The (3.53 p.m.): I move— amendment to the Trusts Act 1973 is to give "That the Bill be now read a first authorised trustee investment status to a time." common fund established under the Public Trustee Act 1978. By way of background, Question put; and the House divided— there are six statutory trustee companies AYES, 41—Beanland, Connor, Cooper, which operate under the provisions of the Cunningham, Davidson, FitzGerald, Gamin, Gilmore, Trustee Companies Act 1968. These statutory Goss J. N., Grice, Harper, Healy, Hegarty, Hobbs, trustee companies and the Public Trustee Horan, Johnson, Laming, Lester, Lingard, Littleproud, perform similar functions. McCauley, Malone, Mitchell, Perrett, Quinn, Radke, Rowell, Santoro, Sheldon, Simpson, Slack, Stephan, These statutory trustee companies and Stoneman, Tanti, Veivers, Warwick, Watson, Wilson, the Public Trustee, as a by-product of Woolmer. Tellers: Springborg, Carroll investing funds on behalf of deceased estates NOES, 41—Ardill, Barton, Beattie, Bird, Bligh, and other trust funds under their Braddy, Bredhauer, Briskey, Campbell, D'Arcy, administration, operate "common funds". Edmond, Elder, Foley, Fouras, Gibbs, Hamill, These funds consist of a large number of Hayward, Hollis, Lavarch, Lucas, McElligott, individual trust balances pooled for investment McGrady, Mackenroth, Milliner, Mulherin, Nunn, purposes with the net return being distributed Nuttall, Palaszczuk, Pearce, Purcell, Roberts, proportionately to each trust account. These Robertson, Rose, Schwarten, Smith, Spence, Sullivan J. H., Welford, Wells. Tellers: Livingstone, funds perform the same function for investors Sullivan T. B. as other collective schemes, such as cash or equity unit trusts. It is important to note that Pairs: Borbidge, Goss W. K; Elliott, De Lacy; Baumann, Dollin the common funds of statutory trustee companies have enjoyed authorised trustee The numbers being equal, Mr Speaker investment status since 1989. cast his vote with the Ayes. Once again, this Bill, like the other Resolved in the affirmative. departmental miscellaneous provisions Bill which I have introduced into the House, is Second Reading directed at achieving these three mission goals by making a number of minor or Hon. D. E. BEANLAND (Indooroopilly— technical amendments to a range of statutes Attorney-General and Minister for Justice) administered by the Department of Justice, as (4 p.m.): I move— well as providing discrete law reform in certain "That the Bill be now read a second areas such as the proposed amendments to time." 4116 Agents and Motor Dealers Bill 30 Oct 1997

It is with much pleasure that today, on represented on the committee. The report of this National Consumer Day, I introduce the the Overett committee was publicly released Agents and Motor Dealers Bill 1997. This Bill and attracted widespread publicity and replaces the Auctioneers and Agents Act comment. The recommendations made in the 1971, which regulates the activities of real committee report form the basis of a number estate agents, motor dealers, pastoral houses, of the major policy positions in the Bill. The Bill auctioneers and their salespersons. This Act has regard to the requirements of National also regulates commercial agents and Competition Policy, as well as taking note of commercial subagents. the recommendations arising from the Over a number of years, industry and Vocational, Employment, Educational and consumer groups have approached the Training Committee (VEETAC) review of Government expressing concerns over the partially registered occupations and the 1992 inadequacies of the present legislation. This Prices Surveillance Authority's report on real Act has been amended on numerous estate agents fees. occasions since it came into force. Over time it In formulating the policy measures has become riddled with inconsistencies, contained in the Bill, consideration was also antiquated language and has failed to keep given to equivalent legislation in other pace with modern business practices and jurisdictions concerning the regulation of the consumer needs. Following representations industry groups. Most importantly, this from industry and consumer groups, it was legislation has been the subject of extensive considered that the Act should be rewritten to public consultation and liaison with business, more adequately provide for the requirements industry, consumers, community groups and of industry and consumers alike in a more legal groups. An issues paper was released in effective fashion. 1996 which addressed the policy issues The Bill seeks to provide an enhanced contained in this Bill. The paper was regulatory environment for the industry groups distributed to the peak industry and consumer through the deregulation of commission rates, groups. Meetings were held with some groups the negative licensing of salespeople and and submissions were received in response to commercial agent (employees), and the paper. The Bill was released as a streamlining of licences. The Bill provides for consultation draft in July this year. Some more flexible enforcement mechanisms, such 1,500 copies of the Bill, together with an as the introduction of mandatory codes of explanatory document, were circulated to conduct, injunctions and enforceable individuals, industry and consumer groups and undertakings. all Government departments. Another objective of the Bill is to enhance In addition to the distribution of the Bill, the current consumer protection provisions officers of the Department of Justice and the contained within the Act through the Office of Consumer Affairs travelled across introduction of a statutory warranty scheme for Queensland to explain the Bill and receive used motor vehicles, increased penalties and feedback from people. Centres which were the strengthening of the beneficial interest visited included Cairns, Townsville, provisions. The Bill also places tighter controls Toowoomba, Longreach, Mackay, on sole and exclusive agencies, provides for Rockhampton, Maryborough and the Gold detailed disclosure of agent fees and charges and Sunshine Coasts. Over 150 written and provides for review of excessive submissions were received. Many of the commission rates. Additionally, the Bill provisions which are now in the Bill are the achieves administrative efficiencies through result of this consultation process. I am changes to licensing and claims procedures. pleased to report that the Bill has received broad support and I believe that this reform is The policy measures contained in the Bill long overdue. Industry groups are strongly were influenced by numerous studies which supportive of the provisions embodied in the were conducted both at Commonwealth and Bill, and, equally, consumers will receive a State level. The most significant of these was range of new consumer protection measures the report of the Auctioneers and Agents Act that will facilitate a safer, competitive and more Review Committee in 1992. The committee equitable marketplace. was chaired by Mr Alex Overett, a real estate agent and auctioneer of long standing. Mr If the House would be agreeable, Overett was the chairman of the Auctioneers because of the length of this speech I would and Agents Committee for approximately be happy to have the remainder of the speech seven years. Each industry group regulated by incorporated in Hansard. the Auctioneers and Agents Act was Leave granted. 30 Oct 1997 Agents and Motor Dealers Bill 4117

The structure of the Bill has been be able to be employed as salespersons substantially improved from the Auctioneers provided that they are not ineligible to be so and Agents Act, in that the legislative employed. It should be noted however, that requirements pertaining to each industry group people performing the functions of are "compartmentalised". This means that the salespersons or commercial agent (employees) provisions of the Bill are broken up into or restricted letting agent (employees), will still industry specific parts. This method was used have their activities closely regulated. at the request of industry so that the legislative Therefore, it is only the registration process requirements relating to each industry could be which has been removed. easier to access and understand. A new feature introduced by the Bill The Bill creates an enhanced regulatory requires applicants for licences to advertise environment for industry in a variety of ways. their intention to apply, thus giving people a One of these is the rationalisation of licensing. meaningful opportunity to make an objection. This has been achieved through the elimination The Bill replaces the outdated licensing criteria of some categories of licences and the creation of "fit and proper" and introduces a more fair of new categories. The new categories are and equitable way to assess whether a person more relevant to the occupations regulated should be licensed. The two criteria which will under the Bill. The new system is designed to be used are suitability and eligibility. Suitability reduce the regulatory burden, streamline relates to the character of the person and process and procedure and reduce costs for fitness to Act as a licensee. For example, the practitioners, whilst maintaining consumer person will not be suitable if he or she is an safeguards. For example, the present system of undischarged bankrupt or has been convicted a separate licence for each occupational group of a serious offence. A person will be eligible if has been replaced with a single "agents and the person is 18 and has the necessary motor dealers" licence. educational or other qualifications which are prescribed. At the moment, one of the main The Bill removes the specific reference to licensing criteria is that the person must have the corporation licence. A corporation will be had a least five years experience in the able to obtain the agents and motor dealers industry. Length of experience is not licence appropriate to the functions it carries necessarily a good indicator of the person's on. It will be allowed to operate under a competence to do the job. From now on the licence, provided that one of its directors is the qualifications will be based on a person's holder of a licence. The Bill removes the old competency, which may include what concept of "working director". The Bill also experience the person has and what removes the outdated requirement that the competency based educational qualifications licensed director must be resident in the person possesses. Currently licence Queensland. Further, the Bill removes the applications are dealt with by the Auctioneers managers licence. As the person who manages and Agents Committee. the branch assumes the same responsibilities as the licensee, a full licence is more appropriate. Having licence applications dealt with by a committee is inconsistent with the occupational The Bill also creates a new category of licensing regimes which are in place for other licence for restricted letting agents. Previously, groups, such as travel agents, security restricted letting agents were included under a providers and second hand dealers. The Bill restricted real estate agents licence. The new therefore brings the licensing regime for agents licence was created because of the special and motor dealers into line with other nature of restricted letting agency, and the occupational licensing by providing that the unique conditions which attach to the licence. chief executive or his/her delegate will consider The Bill follows National Competition Policy all licence applications. This measure should principles by enabling the licensing of the also create administrative efficiencies and cost public trustee, Government departments and savings, as it will no longer be necessary to Government owned corporations. Where these convene committee meetings in order to bodies perform the functions of a relevant determine licence applications. Further, the new occupational group under the Act, they will be process should promote consistency in required to hold a licence. decision making. The Bill removes the present requirement The Bill provides for the deregulation of in the Auctioneers and Agents Act for commission rates. Despite the fact that the salespersons to obtain a certificate of Auctioneers and Agents Act prescribes only a registration as a salesperson. This requirement maximum rate of commission, this is usually has been replaced by a negative licensing represented as the "going rate" or the scheme, which will also include pastoral house "Government rate", regardless of the level of salespersons, commercial agent (employees) services to be provided by agents. The results and restricted letting agent (employees). This have been standard commission rates and little means that persons will be able to perform the flexibility or innovation in agency services. The functions of a salesperson or commercial deregulation of commission rates is designed to agent/restricted letting agent (employee) increase the level and quality of agency service without the need to be registered. People will provided and to encourage negotiation in 4118 Agents and Motor Dealers Bill 30 Oct 1997

relation to fees. The experience in other States accounting provisions of the Auctioneers and has indicated that it is unlikely that deregulation Agents Act. One of the reasons for this is that will result in agency abuse, overcharging or pastoral houses offer del credere sales in consumer dissatisfaction. The 1992 report of relation to livestock. The new provisions will the Prices Surveillance Authority tends to provide a "level playing field" for livestock support this view. agents and allow them to be more innovative in their business dealings. The Bill takes account It has also been reported in the press that of the special circumstances of pastoral houses the Australian Consumers Association supports by continuing the trust account exemptions for the deregulation of commission rates on the livestock sales. basis of the New South Wales experience, as it would lower commission rates because of The beneficial interest provisions which increased competition. However, the Bill relate to pastoral houses have also been contains two major safeguards to prevent tailored to reflect the specific needs of that overcharging. The first is the power of the industry group and the communities that they board to determine complaints in relation to serve. The provisions relating to buyers excessive commissions. The second is that a premiums will be of benefit to pastoral houses power to re-regulate commissions will be and auctioneers alike. The Bill also reflects the retained in the new Act. A comprehensive specific eligibility requirements of pastoral consumer awareness and education campaign houses. The Bill takes account of modern will be undertaken to ensure that consumers technology by providing for electronic fund fully understand their rights, and also the transfers and computerised accounting for obligations of agents. Further, a review of licensees' trust accounting requirements. commissions will be undertaken 18 months from The Bill maintains the current level of the commencement of the Bill. Should there be consumer protection contained in the evidence of industry abuse and consumer Auctioneers and Agents Act and provides for dissatisfaction, it will be possible to reintroduce additional consumer protection measures. The regulation of commission rates. most important consumer protection measure is The Bill contains new provisions in the introduction of a statutory warranty on used relation to sole and exclusive agencies. The Bill motor vehicles sold by a motor dealer. The provides that a sole or exclusive agency cannot warranty will apply to all specified vehicles for be for a period of more than 90 days. It also one month or 1000km, whichever occurs first. provides that a sole or exclusive agency cannot The warranty will not apply, for example, to be renewed until 14 days or less before it commercial vehicles. The statutory warranty will expires. The 90 day limitation on sole or apply to major components, but will not apply exclusive agency periods has been inserted to components such as tyres, lights, radiator because of the restrictions that such agencies hoses and batteries or other parts prescribed place on sellers and because of abuse by some by regulation. It will also not apply to accidental agents. There have been cases where sellers damage or damage caused by negligence or have had their properties tied up for several misuse after the buyer takes delivery, or months. In one instance and elderly Brisbane superficial damage to paintwork or upholstery woman was locked into a sole agency that should have been apparent. Whilst the agreement for 299 days. It is to be noted, statutory warranty will apply to four wheel drive however, that the sole and exclusive agency vehicles, it will not apply to motor cycles. This provisions will apply to residential sales only. It is because many motor cycles are used for off is recognised that in commercial property sales, road recreational purposes and are subject to rural sales and in the property management more "wear and tear" than other vehicles. Any situation, it is not appropriate to limit the period buyer who buys a used vehicle from a licensed of sole and exclusive agencies. motor dealer will receive the benefit of a statutory warranty. The statutory warranty Under the Auctioneers and Agents Act, scheme should result in better motor there is a provision which requires motor dealer/customer relations and better quality dealers and auctioneers to supply a certificate motor vehicles being offered for sale. The of clear title to used motor vehicle buyers. The statutory warranty scheme should also Bill continues this requirement but provides that encourage consumers to buy used cars from the dealer or auctioneer may only supply the licensed motor dealers. It is to be noted that certificate at cost. the statutory warranty scheme will apply to The Bill provides assistance to livestock Government when it Acts as a motor dealer, so agents by the insertion of new provisions as to create a "level playing field". regarding "del credere" sales. A del credere sale The Bill addresses conflict of interest is one where the agent guarantees payment of issues by tightening the beneficial interest sales proceeds to the client. Livestock agents provisions which currently exist in the will be able to offer del credere sales for auctioneers and agents Act. In addition to the livestock, and where del credere sales are provisions in that Act, the Bill provides that made, there will be no requirement for the agent agents must act fairly and honestly and that the to keep a trust account for the sales. Currently client is in as good a position as if the beneficial pastoral houses are not subject to the trust interest did not exist. The Bill expands the 30 Oct 1997 Electricity Amendment Bill (No. 3) 4119

choices for persons wanting to sell a business Finally, the Bill provides for more flexible by providing a limited exemption from real enforcement mechanisms, such as injunctions estate licensing requirements for accountants. and enforceable undertakings. Mandatory The exemption only applies to accountants codes of conduct will be introduced in relation who sell businesses or collect rents in the to each occupational group. Each code of ordinary course of the accountant's profession. conduct may be enforced by means of The Bill provides for the publication of the disciplinary action or by application of results of any action taken against a licensee or injunctions to prevent certain conduct from employee of a licensee. This measure will occurring or continuing. promote consumer and industry awareness. It The Bill provides for the appointment of a will also allow for more accountability in the special investigator to examine trust accounts compliance process. The Bill provides for in circumstances where the status of the increased consumer awareness by requiring account is unclear but does not necessarily licensees to provide greater disclosure on warrant the appointment of receivers. The Bill issues such as fees and commissions and modernises and streamlines inspectors' powers. services to be provided to a client. The Bill The Bill also allows for the obtaining of search introduces a number of features which are warrants. The Bill updates penalties for non- intended to promote administrative efficiencies. compliance with provisions of the Act to more The Bill replaces the Auctioneers and accurately reflect the seriousness of offences. Agents Committee which is constituted under This Bill is a major advance on the existing the Auctioneers and Agents Act, with the legislation. It takes into account the aspirations Agents and Motor Dealers Board. The board and needs of both industry and consumers. It is will have most of the functions which the contemporary legislation which is not only committee has under the Auctioneers and accessible and easily understood, but also Agents Act. However, the licensing function will provides a more efficient administrative rest with the chief executive. Unlike the process. No longer will industry labour under Auctioneers and Agents Committee, the new outdated and inflexible regulation. Nor will board will be chosen from a panel appointed by consumers be disadvantaged by inadequate the Minister. The panel will consist of at least consumer protection. two representatives of all industry groups regulated under the Act, two lawyers and two The proposed Agents and Motor Dealers consumer representatives. Bill is important legislation that affects all Queenslanders. The Bill significantly improves The Bill provides for the office of the the law in this area, by providing a more flexible registrar. The registrar and not the chief regulatory environment. It also reduces costs executive will be responsible for the for industry, whilst ensuring that consumers appointment of panel members to the agents reap the rewards of greater consumer and dealers board. The board will consist of protection, increased competition and a safer one industry member, one lawyer and one marketplace. I commend the Bill to the House. consumer representative. By having this function with the registrar it is intended that Debate, on motion of Ms Spence, there will be independence in the appointment adjourned. of board members. The registrar will also be able to hear claims against the fund which amount to $5,000 or less, so that claims which ELECTRICITY AMENDMENT BILL (No. 3) are of a minor nature may be heard Hon. T. J. G. GILMORE (Tablelands— expeditiously. The board will be empowered to Minister for Mines and Energy) (4.06 p.m.), by hear fee review and disciplinary matters and leave, without notice: I move— complex claims against the fund which amount to more than $5,000. A board may also be "That leave be granted to bring in a constituted to provide policy advice to the Bill for an Act to amend the Electricity Act Minister upon request. 1994 and for other purposes." It should be noted that pastoral houses Motion agreed to. will only be able to sit on boards which give policy advice to the Minister. This is because there are only two licensed pastoral houses in First Reading Queensland, and it would be inappropriate for Bill and Explanatory Notes presented and the pastoral houses to be part of proceedings concerning their competitors. The new Bill, on motion of Mr Gilmore, read a first time. structure will mean that the board will have greater mobility and flexibility as several boards may be constituted at the same time, should the Second Reading circumstances demand. As boards will only Hon. T. J. G. GILMORE (Tablelands— have three members, it should also be possible Minister for Mines and Energy) (4.07 p.m.): I to convene boards at shorter notice. move— 4120 Electricity Amendment Bill (No. 3) 30 Oct 1997

"That the Bill be now read a second review component of the Competition time." Principles Agreement. The Bill also amends I am pleased to introduce this Bill to the the Queensland Competition Authority Act House. Last December, I announced the 1997 in certain respects. Government's electricity strategy, which I wish to draw the House's attention to involves a suite of significant reforms to some key elements of this significant electricity establish a competitive environment for legislation. It is imperative that during the electricity generation and sale in Queensland transition to, and indeed after, full in order to promote a highly efficient industry in contestability for Queensland consumers, an this State and lower electricity prices for appropriate regulatory regime for the industry Queensland consumers. Low energy prices in be in place. The Government readily accepts Queensland are a key to enhancing that effective competition is the best means of Queensland's attractiveness for new project achieving high standards of service and is also development and job creation. The electricity mindful of the accountability of market strategy also seeks to position the participants under the interim market and Queensland industry to compete effectively in national market codes. Nevertheless, there are the national electricity market, which still key aspects of the industry's operation Queensland will physically join subsequent to which require independent regulation. In interconnection with the New South Wales grid particular, this Government seeks to ensure in 2000/2001. The implementation of the that service standards within the industry are, electricity strategy is well advanced. The indeed, enhanced rather than diminished, industry has been restructured, and currently particularly in respect of non-contestable software systems and other processes are customers who, for various reasons, cannot being tested in preparation for the exercise choice and remain tied to their commencement of an interim wholesale incumbent electricity retailer. Secondly, the electricity market in Queensland in November Government seeks to safeguard all consumers 1997. from behaviour by certain electricity entities The Parliament has, earlier this year, with market power which compromises considered two separate tranches of customers' ability to exercise choice or, again, amendments to the Electricity Act in order to which discriminates against customers who do provide for these significant reforms. The first not have choice at a point in time. Electricity Amendment Bill provided for the A central feature of this Bill is, therefore, new industry structure on 1 July 1997. At that to put arrangements in place— time the Parliament also passed the national to protect customers from uncompetitive electricity law. In August 1997 the Parliament behaviour by industry corporations which enacted a second tranche of amendments is outside the effective reach of section which essentially provided for the 46 of the TPA; commencement of the interim wholesale electricity market to which I have just referred. to improve the process for setting and monitoring technical service standards in The next stage in the reform process is to respect of matters such as outages, give customers the power of choice as to from voltage fluctuations, interruptions, etc; whom they purchase their electricity supply by way of a gradual reduction in the industry to establish and enforce certain service franchise arrangements. It is proposed that standards in respect of issues such as contestability will commence on a staged basis disconnection, reconnection and billing; from 18 January 1998, from which time the to provide a means of independent State's largest electricity consumers will be arbitration of disputes between the able to shop around for their power supply. industry and customers; and This Bill contains a third tranche of to increase industry accountability for amendments which are necessary to support customers. the threshold reduction process. I will now turn to the particular initiatives in Specifically, this Bill establishes new respect of these matters which will be given regulatory arrangements for the industry effect by this Bill. Firstly, by way of the earlier appropriate for the competitive electricity amendments, the Act currently provides for market. The Bill also makes the Act consistent retailers and distributors to prepare standard with the application of the national electricity customer sale and connection contracts law and with the principles of National respectively for approval by the regulator—in Competition Policy to fulfil the State's the form of the CEO of the Department of commitment under clause 5 or legislative Mines and Energy. These contracts will be an 30 Oct 1997 Electricity Amendment Bill (No. 3) 4121 important protection mechanism for charges by that retailer. The Bill provides for a consumers by setting basic standards for regulation to establish a scheme entitled "the service across the industry. This Bill enhances retailer of last resort scheme" which would arrangements regarding the approval and outline arrangements for customers of a failed subsequent amendment of these contracts retailer to be temporarily allocated to another which are to apply to all customers unless retailer. otherwise negotiated by the parties. Fifthly, the Government is keen to Secondly, the Bill establishes an electricity facilitate maximum competition within the industry ombudsman to investigate customer industry for the benefit of electricity complaints and resolve disputes in respect of consumers. To achieve this, the Bill provides customer connection or customer sale for recognition of retail authorities held by an contracts in an expeditious and cost-effective entity in another State. In this respect, I note manner for customers. The ombudsman's that unfortunately retail licensing independence from the Government is arrangements in other States are not based explicitly provided for in the Bill. The on the principle of mutual recognition. The ombudsman will have discretion to choose the Queensland Electricity Reform Unit will be location of his office, which will be important for writing to senior officials in other states strongly the public perception of this independence. suggesting that it is within the spirit of the The Bill provides the ombudsman with the national electricity market that mutual appropriate powers to effectively conduct recognition be a fundamental principle of these functions and to compensate customers industry licensing arrangements. Queensland for losses of up to $10,000 in the event of a retailers seeking licences interstate should not breach of either of the standard customer be disadvantaged by overly time consuming contracts. For contestable customers, and inefficient licensing processes as is negotiated customer contracts may also refer currently the case. disputes to the ombudsman for resolution. In addition, the Bill provides that the power to Finally, I note that the Bill retains the deal with other types of disputes may be given power for the Minister to establish prices and to the ombudsman by a regulation. service quality standards for non-contestable customers. The intent here is to enable the Thirdly, the Bill provides for conduct rules Government to establish appropriate pricing for the various sectors of the industry to be arrangements for franchise customers during established and enforced by the Queensland the transition to full competition in the industry. Competition Authority (QCA) through action in I also note that the Minister will have powers the Supreme Court. Compliance with the over transmission and distribution pricing for a conduct rules will be a condition of an entity's period of three years, after which time it is authority and the regulator will be able to act envisaged that price regulation for the against an entity's authority where the monopoly wires sector of the industry will be Supreme Court has found that the entity independently regulated by either the breached a conduct rule. These conduct rules will be an important tool in guarding against Queensland Competition Authority or the behaviour by industry entities which aim to ACCC. Again, transitional ministerial power inhibit a contestable customer's ability to over transmission and distribution pricing is effectively exercise choice regarding their necessary in order to protect franchise electricity supply or to disadvantage non- customers during the threshold reduction contestable customers. It is important that period. these rules be established only after public as I will now turn briefly to the other aspects well as industry consultation. The Bill provides of the Bill. The national electricity law, which for the necessary procedures in this respect. I was enacted by the Parliament in May 1997 in note that the enforcement arrangements here the form of the Electricity National Scheme replicate those currently applying in the (Queensland) Act 1997, provides governance telecommunications industry. arrangements for the national electricity Fourthly, the Bill makes special provision market. Queensland will operate an interim for customers to be protected in the event that market until 29 March 1998, when the NEM is their retailer is no longer able to provide retail due to commence. The Bill makes services. The concern in particular here is that consequential amendments to the Act to a situation in which a retailer, due to financial provide for Queensland's participation in the distress, is unable to continue operation does NEM and the commencement of the Electricity not lead to disconnection by a distribution National Scheme (Queensland) Act 1997 entity which has not been paid its network proposed for 29 March 1998. 4122 Fuel Subsidy Bill 30 Oct 1997

Under the National Competition Policy, struck down certain business franchise fees the State is committed to ensuring that that had been levied by State Governments. legislation does not restrict competition in In particular, the High Court decision dealt with terms of clause 5 of the Competition Principles the tobacco licence fee in New South Wales. Agreement. Certain provisions within the Act What the High Court found was that that involve discretionary powers which could particular impost in New South Wales—which potentially be exercised in a discriminatory was at a rate the same as that levied by the way. The Bill seeks to address this issue by Queensland Government and other State ensuring that discretionary powers are Governments—was not a business franchise exercised having regard to objects of the Act fee but rather a duty of excise. Consequently, which have been expanded to include the it offended section 90 of the Constitution. establishment of a competitive electricity By inference, the High Court decision market in line with the national electricity effectively struck down State liquor and fuel reform process. franchise fees because they, too, were levied I also note that certain amendments to at a rate that was not seen by the High Court the Queensland Competition Authority Act as being consistent with a business franchise have been made to facilitate these electricity fee—something that just dealt with the market reforms. It has been convenient to regulation of trade—but rather they were incorporate in this Bill a number of other levied at a rate that was consistent with a duty miscellaneous amendments to that Act to of excise. The dogs were barking that the High clarify the operation of particular provisions. I Court may well have brought down such a commend the Bill to the House. decision. In fact, it was not the first time that Debate, on motion of Mr Hamill, such a scenario had been canvassed. I well adjourned. remember sitting around the Cabinet table when we were awaiting the High Court bringing down its judgment in the Capital Duplicators SITTING HOURS; ORDER OF BUSINESS case, which turned on that very same Sessional Order point—whether business franchise fees were unconstitutional in that they were, in effect, Mr FITZGERALD (Lockyer—Leader of excise. In that case the High Court chose not Government Business) (4.17 p.m.), by leave, to strike down those regulations by the States without notice: I move— and the States breathed for another day. At "That notwithstanding anything that time the Goss Government saw the contained in the Standing and Sessional prospect of fees such as the tobacco fee and Orders, for this day's sitting, the House will the prospect of a fuel tax being imposed as continue to meet past 7.30 pm. very real. A lot of work was done in preparing Private Members' motions will be the State for that potentiality. debated between 6 and 7 pm. Sadly, the same could not be said for this The House will then break for dinner Queensland Government and its approach to and resume its sitting at 8.30 pm. the issues arising out of the decision handed down by the High Court on 5 August. Sure, we Government Business will take had the Treasurer, a little like Neville precedence for the remainder of the day's Chamberlain after the Munich conference sitting, except for a 30-minute grievance where he announced that there would be debate." peace in our time—— Motion agreed to. An Opposition member: How do you say that "peace" word? FUEL SUBSIDY BILL Mr HAMILL: I was just taking a piece out Second Reading of the Treasurer. As did Neville Chamberlain come out declaring peace in our time, this Resumed from 28 October (see p. 3893). Treasurer said, "It is okay, the Queensland Hon. D. J. HAMILL (Ipswich) (4.18 p.m.): Government has it all sorted out. There will not The legislation before the House is significant be any price increases arising. Everything is not so much for its provisions but significant in fine. Do not worry about it." What happened terms of what it says about the Queensland then? For the next two weeks we had Government. This legislation tells us a lot uncertainty being generated in the liquor about what is wrong in Queensland today. industry because representatives of the This legislation arises out of a High Court brewing industry and the hotel industry could decision which came down on 5 August which not get through the door to discuss with 30 Oct 1997 Fuel Subsidy Bill 4123

Treasury the issues that they faced. Treasury The major element was that, yet again, the was not responding to their very real concerns Queensland Government had not done its that price increases would flow despite the homework. Commonwealth moving in to impose a Mr Johnson: Oh, come on, David. common additional excise, which was designed to generate revenue foregone for Mr HAMILL: The Minister for Transport the States and the Commonwealth then ought to know better because he should have making that money available to the States. been able to advise his Cabinet colleagues of the very significant trade that was taking place So we went through two weeks of great anyhow in fuel across the State border. It was uncertainty. It is little wonder that today in that trade in fuel which, as a result of the Queensland business confidence is bouncing negotiations that the Queensland Government along on the floor. All of that demonstrated an had entered into with the Commonwealth and abysmal lack of leadership in this State on the deal that had been done, was actually issues that one would have thought would bleeding the Queensland Treasury of in the have been critical to the Government in this order of $2m a week. $2m a week! Why was State and critical to business in this State. that? It was because the so-called safety net Let us look at the impact of that High that had been put in place had not taken into Court decision in terms of Queensland alone. account the fact that, if we are going to Queensland, without a State fuel tax—a State effectively subsidise the wholesale price of fuel fuel franchise fee—nevertheless saw over in Queensland, there would be a very real $700m of its revenue base disappear in the incentive for operators to come across the form of the State tobacco franchise fee and border, fill up the tank here in Queensland and the State's liquor licensing fees as a result of then distribute it along the Newell Highway and the findings of the High Court—over $700m! I down the New Highway into service would have thought that that would have been stations in both New South Wales and something that would have galvanised the Victoria. Obviously, the Minister for Transport Queensland Government into action. But no, did not tender that advice. no, no, in the run-up to the High Court Mr Johnson: Yes, he did. decision, it just sat on its hands and did precious little. Then what did we have? The Mr HAMILL: The Minister for Transport Treasurer gave assurances that there would tells me that he did tender that advice. be no price increases arising out of the Obviously, the Minister for Transport was imposition of the Commonwealth's new excise. ignored by the Premier and the Treasurer However, we all know that the excise was when they put in place that agreement with being imposed on the wholesalers, whereas the Commonwealth. Otherwise why would they the business licence fees that it sought to enter into an agreement that was costing $2m replace were imposts on the retailers. a week? The figures are quite clear. Immediately there arose administrative On 29 August, I placed a question on problems in ensuring that price increases did notice to the Treasurer, because the not flow through to the party that had no Opposition was aware of the problem even if protection whatsoever, and that, of course, the Government was not aware of it. The was the Queensland consumer. answer to my question on notice was that the Despite those assurances by the payments that would come to Queensland as Treasurer in relation to price, what happened a result of the Commonwealth effectively in the intervening couple of months? Contrary rebating the excise surcharges that had been to the assurances given by this Treasurer that placed on liquor, tobacco and fuel would be, in there would be no price rises flowing from the respect of liquor, $177m. That figure was in High Court decision and the so-called safety excess of the sum that was collected by way net that the Queensland Government had put of liquor licensing fees in Queensland. in place with the Commonwealth, a whole Therefore, it meant that there was an range of tobacco products went up in price. obligation placed on the Queensland Two months after the so-called safety net was Government to take the surplus and distribute in place, motorists throughout the State saw it to the wholesalers in Queensland. Of course, petrol prices escalating at the bowser. A new that was the issue that surrounded that first crisis had emerged. The so-called safety net crisis when, for a fortnight, the Queensland that the Treasurer had guaranteed was in Government was not talking to the pubs, clubs place some two months before was not really and brewers in the State. such a safety net after all. What were the The second sum was a sum of $567m, elements that were leading to this new crisis? which was the sum that was to be collected 4124 Fuel Subsidy Bill 30 Oct 1997 out of the tobacco licence fee in Queensland. statement that she was prepared to sponsor That was easy because the rate at which it legislation in this place that would breach was levied was the same rate across all the section 92 of the Constitution. That was an States. However, we have already seen that, amazing statement. I was at lunch with a even though that sum has come back from number of members of a major law practice in the Commonwealth, certain tobacco prices the city and we canvassed this issue. They did rose because, as I said before, the excise is not believe me when I said that the Treasurer levied in a different way from the old business claimed that she would legislate to prevent franchise fee, which was linked to sales. cross-border traffic in fuel. They said, "Even this Treasurer would not come at that, surely!" This was the crunch, and this is where I pointed out to them that that is exactly what Ministers such as the Minister for Transport the Treasurer was proposing to do. and others were obviously so negligent, or were they, Cassandra-like, telling the truth but That is why at the time I made the being ignored because the money that the statement, which was fully endorsed by the Queensland Government expected to receive Leader of the Opposition—there was no from the Commonwealth by way of the excise conflict between us whatsoever—that we on fuel—the 8.1c a litre that was being added would support a legislative solution, but we to the fuel price—was a sum of $486m, would not go down the road of supporting a according to the Treasurer's answer to my sham that would be struck down immediately question? The sum of $486m is about $65m by the High Court and that was quite clearly, to $70m short of what Queensland ought to even upon the admission of the Treasurer, have received, based on the amount of fuel going to be unconstitutional. It would have sold in Queensland in the previous year. been no solution at all for the Queensland Queensland should have received about consumer of fuel for the Parliament to pass a $550m. In other words, the Queensland make-believe law that had no effect Government had negotiated a shortfall for whatsoever. Queensland. Hence we had an impending In that regard, the Opposition again crisis on our hands. That crisis was causing played a very constructive role, because we great anxiety in the Treasury, because the alerted the Queensland Government and the Treasury was bleeding away to the tune of Treasurer to her folly. We told the Government about $2m a week in money that had to be that we were not going to be a party to a paid to the State fuel industry to keep the legislative sham, but we were concerned price of fuel down, but for which there was no about the impact of the increased excise on recompense from the Commonwealth. ordinary Queenslanders, particularly primary Where were we then? As I recall, the producers and Queenslanders who live in Treasurer released a statement that there was regional areas and who already pay very high a problem and that the Treasury was suffering prices for fuel. In fact, those people pay prices a haemorrhage of funds. She stated that she that exceed those paid in Sydney and would come in and legislate the problem Melbourne, where there are State fuel taxes away. The Opposition has supported and will on top of the Commonwealth excise. continue to support measures that prevent Throughout this whole saga, the Opposition Queensland consumers from having to pay a has played a very constructive role indeed. petrol tax that previously they did not have to In fact, throughout the whole saga we pay. Despite the propaganda that time and have drawn the Government's attention to time again was spread by the coalition when in issues that the Government should have been Opposition, the State Labor Government did dealing with prior to 5 August. We raised the not introduce any fuel taxes. In fact, we were issues that the Government would have been proud of the fact that we did not have a State alert to if it had conducted proper consultation fuel tax, unlike every other State jurisdiction in with the various business groups and the country. In Opposition, the Labor Party community organisations that were being has said loudly and very clearly that we would affected. Fuel plan Mark III was amazing: the support any measures, legislative or otherwise, Treasurer and the Premier went and held the that would provide a solution for the Prime Minister's hands and said, "This is Queensland consumer. The Leader of the another solution." Opposition made that point very clearly. Mr Beattie: Peace in our time. However, what did we find? The Mr HAMILL: It was another day and legislative solution that was being canvassed another solution. We discussed this matter by the Treasurer was no solution at all. The with a number of fuel retailers in the Hervey Treasurer made the most extraordinary Bay and Maryborough areas. As Mr Nunn 30 Oct 1997 Fuel Subsidy Bill 4125 would well recall, the Government's solution no hesitation in supporting it. I contrast this Bill was to make the poor old retailer pay. The with that which the Treasurer foreshadowed— Government was going to insist that the the Bill that was going to say that petrol could retailer buy fuel from the wholesalers at the not be traded across the Queensland border. increased price, but the retailer would then be We all know—and even the Treasurer required to sell the fuel at the lower price, the conceded this point—that the Bill the price minus 8.1c a litre. Treasurer foreshadowed would have been a Of course, it was easy to come at that nonsense. grand plan when the Premier, the Treasurer, What of the framework of this Bill? The the Prime Minister, the Federal Treasurer, Bill seeks to insulate end users of fuel in this officials at State and national levels, and the State from the additional 8.1c a litre excise oil companies were sitting around talking. But which has been levied arising from the need to what was missing from that equation? Very protect State revenues from the implications of simply, representatives of the retailers! They the High Court's decision. It does so through a were not at the table and didn't they squeal, mechanism of ensuring that those who are and rightly so. Small-business operators were selling fuel to end users sell that fuel at a going to have to pay for the negligence of the subsidised rate. The mechanism which allows Queensland Government, which did not get its this to work—and we do hope that this affairs in order two months earlier. Plan C went measure works—is not anything intrinsic to the out the door and they had to come up with legislation itself but rather a sensible deal plan C revised, which is what we are dealing done with the Commonwealth. with today. Page 9 of the Explanatory Notes to the If the Opposition had not highlighted the Bill state— fact that the Government had done a dumb deal in relation to tax arrangements and "In discussions, industry revenue sharing, and that it had not taken into representatives have agreed to pass on account the issues that would have affected the benefit of this deferral"— small business, we would not be dealing with that is, the deferral of the payment of the this legislation today. If the Opposition had not Commonwealth customs and excise highlighted the fact that the Treasurer was surcharge— proposing to enact unconstitutional legislation, "by a similar arrangement which will we would not be dealing with this Bill today. permit deferral of payment of the Instead, we would be dealing with a piece of Commonwealth surcharge component of legislation that would have taken the the sale price of their fuel in respect of expressway right back to the High Court. fuel purchased by fuel sellers. The effect That demonstrates the value of of these arrangements will be that fuel constructive opposition. It also demonstrates sellers will be in receipt of the Queensland the paucity of talent in this Government—the fuel subsidies which they may be entitled lack of leadership, the lack of direction, its to claim prior to the date of payment of inability to do its homework, its inability to work the Commonwealth surcharge through issues in consultation with the component of their fuel purchases to the community and its inability to instil confidence manufacturers/importers. These not only in Government but also in the wider arrangements are intended to avoid community. The Government condemned increased financing costs and Queensland to two and a half months of consequential increases in fuel prices." uncertainty. It was a harrowing two and a half That was a deal that ought to have been done months for a lot of small businesses and before the Government put the poor old primary producers who were absolutely terrified retailers in its gun sights and expected them to that they would have to bear the cost of a fuel bear the cost of its financing arrangements. tax that they did not want. Unfortunately, that That has been the critical part of the deal. We is so typical of the problems that Queensland congratulate the Government on achieving has faced under this coalition Government, that outcome with the Commonwealth. In which really lacks the wit to provide good other words, the excise is out and the subsidy Government. is in, virtually on the same day. The cheques What of this Bill? As the Leader of the are passing each other in the mail. That Opposition said—and it was a view that I provides the safeguard for the consumer. echoed—we would support constructive Without that provision, even this arrangement legislation which provided a solution. We would no doubt fail. We believe the legislation believe that this Bill is constructive. We have does provide a mechanism to protect the 4126 Fuel Subsidy Bill 30 Oct 1997 consumer. It certainly is not the case, though, tax regime that the nation should have until that the Treasurer had this material prepared we, the Government, and I, the Treasurer, two months ago when she guaranteed that have determined our position with the other there would be no price increases and that a States and the Commonwealth." In other safety net had been put in place. words, this Treasurer's notion of consultation is I highlight to the Treasurer the point that, for people to be told what the outcome is. despite all these arrangements and the Mr Beattie: But not involved. Treasurer's assurances, motorists in Mr HAMILL: And certainly not to be Queensland have some serious questions to involved in the process leading to that ask regarding the price of fuel. Fuel prices outcome. That is not consultation; that is have not returned to the levels that they were called a fait accompli. in August. Motorists in south-east Queensland have been paying in excess of 68c a litre for Well we might ask: what is the fuel. Motorists in north Queensland have been Queensland Government's position in relation paying considerably more than that—as much to tax? Will we have this legislation on the as 10c a litre more than that. Despite this Queensland statute books for any length of legislation, we have not seen fuel prices move time? If we look at the document that the back to their levels prior to 5 August last. I Treasurer produced in the Parliament this suggest that a bit of profiteering is going on week, the document which purported to be the behind the scenes. It is incumbent upon the Queensland Government position in respect of Treasurer to ensure that what she has claimed the tax reform debate, we find that we have a to be the case by virtue of the legislation—that document which is carefully crafted for politics it would be unlawful to pass on other costs at but—— the bowser—is enforced and that we do see Mr Beattie: Light on detail. fuel prices fall to their levels prior to 5 August last. For that not to occur demonstrates either Mr HAMILL: It is so light on detail that it a lack of will on the part of the Queensland would almost float away. However, there are a Government or the fact that the legislation, couple of little hints on the way through that I which we are all hoping will be successful, is think are very relevant to the Bill that we have perhaps not the strong safety net that we before us. Those little hints are contained at have been told it is. various points in the document. The first little hint appears in the summary on page 1, This legislation raises a whole range of where it is stated— other issues. Firstly, how long do we expect to have this legislation on our statute books in "Queensland's view on the Queensland? To answer that question, we appropriate principles for national tax need to delve into the whole tax debate taking reform is as follows. place across the nation—a tax debate, I might ... add, that the Queensland Government seems loath to engage in. That is a tragedy. I think (ii) Reform should produce a more the Premier has already trooped off to attend broadly-based, simpler and fairer the leaders' meeting, being held tomorrow, tax system." where the issue of tax reform is on the That is a lofty principle and no doubt one that agenda, or so we are told. Next week we have everyone would probably want to subscribe to. a Council of Australian Governments meeting. But there is an implication here which can be However, the Queensland public has not been understood only if we read on into the accorded the privilege of being included in the document. Page 2 states— loop in relation to the Queensland "Queensland welcomes the Government position on taxation, despite the recognition given to the fundamental fact that the Treasurer assured us that she importance of reform of wanted maximum input. Again, the Treasurer Commonwealth/State financial relations in demonstrates the same style that she the five broad principles for tax reform exhibited in relation to this whole tax debacle, articulated by the Prime Minister on 13 that is, no meaningful consultation. August, which were: Mr Livingstone: Arrogance. no overall increase in the tax burden; Mr HAMILL: I think "arrogance" is the appropriate word. Basically, the Treasurer is a reduction in personal income tax; saying to the people of Queensland, "Trust us. consideration of a broad-based We know best. We know what's good for you. indirect tax, replacing some or all of Don't dare try to have any input into the sort of the current indirect taxes." 30 Oct 1997 Fuel Subsidy Bill 4127

Whilst it sounds a bit like motherhood, based, new indirect tax replace? I suggest that when we take all of those together what do we the taxes that the new broadly based indirect find? We find that if there is not going to be an tax, which the Treasurer is advocating, would increase in the overall tax burden and if we are replace would be those wholesale sales taxes going to see reductions in personal income and excises which the Commonwealth tax, presumably we are going to see increases currently levies. Can honourable members in other forms of taxation. guess what one of those big existing taxes is? Mr Beattie: The question is: what areas? You guessed it, fuel tax! Mr HAMILL: Mr Beattie asks a very good So the Treasurer is really speaking with a question: what areas? Reading page 1 with forked tongue here and saying, "We do not page 2, we believe that—and this is the want to have a GST in Queensland; we are position, I understand, of the Queensland not going to introduce a GST in Queensland. Government and its coalition mates in We will introduce this legislation to try to Canberra—certain marginal tax rates for pay- prevent an increase in fuel prices arising out of as-you-earn taxpayers will be reduced but that a new Commonwealth excise. But, of course, we will see increases through more insidious in our grand plan for tax reform, we would like means, that is, through indirect taxation, to see existing excises and existing sales through the grandest indirect tax of all: the taxes done away with and replaced with a GST. The Queensland Treasurer tries to run new, beaut, wide-ranging, broad-based goods away from those initials—GST. I am trying to and services tax or value added tax." be very fair to the Treasurer here because I Honourable members can call it what they like. would not want the Treasurer to suggest that I That will tax fuel at the bowser, it will tax food was misrepresenting her and the Queensland at the supermarket and it will certainly take Government. Page 8 states— more out of the pockets of ordinary Queenslanders on average earnings than "Queensland does not consider that would be put back into the pockets of those reform need involve the introduction of a people through any adjustment downwards of GST-type tax, and Queensland will not the marginal pay-as-you-earn rates of income impose such a tax on Queenslanders." tax. Is that not the agenda? It is the same old I have to ask the Treasurer: who is she really agenda; it was Dr Hewson's agenda. trying to kid? The document is full of I remember only too well that the likes of suggestions about a broader, less distorted the three Ministers who are sitting in the national indirect tax being desirable. Maybe I Chamber were willing disciples of the need to be fair here. The Treasurer did not Fightback agenda of Dr Hewson in 1993. They demonstrate much constitutional law were willing disciples. knowledge when it came to this whole debacle with respect to fuel; maybe the Treasurer has Mr Santoro interjected. not really cottoned on yet that the Queensland Mr HAMILL: The ever voluble Minister for Government, in fact, cannot levy a GST of its Training and Industrial Relations was one of own. Maybe the Treasurer actually had those the leading advocates for a goods and words included in good faith in saying that services tax. I reckon that he was out there on Queensland would not impose a GST, or election day advocating the GST. maybe she was just being too clever by half. Mr Beattie interjected. Maybe she was really saying to the Commonwealth, with a wink and a nod, "We Mr HAMILL: The honourable member for want you to put on the GST. We will say that Clayfield was a foremost advocate for a goods we oppose it but, really, go ahead and do it." and services tax. Now, in a deceitful way, the Government wants to impose a goods and What would that mean in relation to this services tax through its mates in the Bill? If we take the Treasurer's words in this Commonwealth. Can honourable members Queensland position paper at face value, we guess what that will do? It will do away with would see a broadly based indirect tax everything that this Bill is trying to achieve, replacing certain existing indirect taxes. because the Government wants a broadly Mr Beattie: You have stung the based consumption tax and, of course, that Treasurer. She has left the Chamber. will hit fuel. In that way, Queenslanders will be Mr HAMILL: I think it is getting a bit too saddled, through the back door, with a Liberal complicated for the Treasurer. She probably and National Party fuel tax in Queensland. went out to have a sniff of the smelling salts That is what this is all about. because we are getting to the real nub of the So this legislation really is a bit of a sham; issue. What sorts of taxes would a broadly it is just a bit of cheap window-dressing to try 4128 Fuel Subsidy Bill 30 Oct 1997 to take the heat off the Queensland The editorial goes on— Government, which has a secret tax agenda "Mrs Sheldon told Parliament that that it does not want to talk about. I am not while there had been some 'destructive the only person who is saying this. The leaks' from other States"— Courier-Mail, from which I know the Government loves to quote from time to time in other words, others were telling the truth— when it says something nice about the "Queensland had worked away quietly Queensland Government, twigged to the preparing a broad structure within which a Queensland Government's position very well discussion could take place. She stated indeed. I thought the Courier-Mail contained a that 'Queensland has believed, from the great editorial today. I am going to share it start, that it is not up to the States to with all honourable members, because I necessarily put forward a platform for reckon that some of them probably do not national tax reform.' " read editorials and I think that they ought to Pardon me, I thought we were supposed to be have read this one. It says— advancing the cause of national tax reform. "Unfortunately, the Queensland After all, that is what the Premier and the Government appears to be a reluctant Treasurer have repeatedly told us. Obviously participant, with few, if any, of its own this is another Government backflip. Instead of policies to promote." taking a leading role, this Government is going It is referring to tomorrow's leaders meeting. It along with the Commonwealth—"Whatever goes on— you say, Mr Costello and Mr Howard, is okay with the Queensland Government." The "Rather than seizing the opportunity editorial goes on to say— to put forward a plan to bolster the ability of this state to set its own tax and "It is up to the States to ensure that spending policies, it has approached the such reform includes adequate taxing exercise in fear and trepidation. provisions for each State, provisions Essentially, it seems to be terrified that which will ensure that the individual needs anything it says will be turned around and of States like Queensland into the next used against it on the local political front. millennium are met." Treasurer and Deputy Premier Joan The editorial writer really took a rise out of the Sheldon went into a state of denial a few Treasurer because what he said was this— weeks ago when proposals from South "The Treasurer does not seem to Australia canvassing various state taxes appreciate that the millennium is getting (which allegedly had the approval of all quite close and that it really is not good states)"— enough for Queensland merely to be including Queensland, I guess— looking at the 'broad structure in which ... a decision can take place.' " "were made public. She promised Queensland's views would be made Mr Beattie: It is not 1950, but don't tell Joan. public in advance of the negotiations. Yesterday, she gave Parliament the Mr HAMILL: I know they try to turn back Government's views on national tax the clock all the time, but in this case time is reform. This is a 10-page document"— running out. If Queensland is not going to take a leading role in the national tax debate this this one here— Queensland Government will be letting down "(including a one-page summary) which the people of this State. Why is it that avoids saying anything of consequence, Parliamentary Secretary Mr Harper could not and which includes regulation have produced a document like this? Why is it motherhood statements to the effect that that the Treasurer of this State, aided and taxes should not rise, but be fairer and abetted by her Parliamentary Secretary, could more broadly based." not have done some homework? Mr Santoro interjected. Mr Beattie: Their Liberal mates in Mr HAMILL: The Minister does not want Western Australia can do it. to hear this and he does not want to be Mr HAMILL: In the past they would not exposed as the Queensland Government gets have been beyond just getting it on the fax, dragged kicking and screaming to the wiping out the name of the author and putting conference table on the issue of taxation. I their own names to it. This document from the know that the Government does not want to Western Australian Government has been hear this, but it is going to. made public. The Western Australian coalition 30 Oct 1997 Fuel Subsidy Bill 4129

Government is prepared to put its money "Constitutional constraints currently where its mouth is. The Western Australian prevent States from introducing a BBCT." coalition Government is prepared to say what The Western Australian Government speaks it means. What the Western Australian with clarity and honesty. What does the Government has said is that it wants vertical Treasurer of Queensland say? The fiscal imbalance redressed. It wants to see the Queensland Treasurer says, "Queensland will removal of this regime where the States are not impose such a tax on Queenslanders." left as mendicants, relying upon Why? Because she knows, and the Commonwealth grants. Queensland Government knows, that they Mr Harper: Haven't we said that cannot do it under the Constitution! Again, this ourselves? Government does not say what it means. Mr HAMILL: Has the honourable member What this Government says is what it wants said that? people in the community to think it means. It is about time that the Queensland Government Mr Harper: Of course we have. came clean on its tax agenda. Mr HAMILL: I take the interjection from What does the Queensland Government the member for Mount Ommaney. The want? It wants a goods and services tax. It Queensland Government wants to see the wants the Commonwealth to levy it and for the removal of vertical fiscal imbalance. I presume State to derive direct benefit from it. That that that means removal of those means a tax on food, a tax on fuel, a tax on Commonwealth grants and a better share of service in the tourism and hospitality industry the taxation system? and so on. It is a broad-based consumption Mr Harper: Do you support that concept? tax. That is what this Government wants, but it Mr HAMILL: I do not want to be accused uses code to try to say that. The Government of misrepresenting the view of the also wants a State income tax, but again it Parliamentary Secretary. I recognise the uses code in saying that. The Government guidance that is being offered by the member hides behind principles. It will not come out for Mount Ommaney by way of interjection. It and say what it means. is very helpful because when we go back to I believe that the people of Queensland page 8 of the Queensland document—that are entitled to something better than the page where there is the wink and nod about attitude of this Government. The people of what the Queensland Government is on Queensland were promised input, and they about—there is an interesting statement which are denied it. The people of Queensland were links up very well indeed with the Western promised candour from the Queensland Australian document. It says that the States Government, and they are denied it. could gain access to a part of the income tax Queensland goes to the negotiating table with base vacated by the Commonwealth in a document full of platitudes and no clear and exchange for the States giving up some of firm proposals. That is a tragedy because this their existing taxes and grants. That sounds a debate is a debate which is fundamental for lot like no grants except the minimum required the States because the critical issue here is to assist small States. about the capacity of the States to access a It also sounds a bit like the second point revenue base commensurate with their in the Western Australian document. That is responsibilities in delivering services. We do the bit that refers to a State personal income not have that now. We desperately need it. tax at variable State rates levied on the Let me make the position of the Commonwealth base. Is that supported by the Opposition abundantly clear. This is not a new Queensland Government? The Queensland position taken up by the Opposition; it is a Government did say that the State could gain position that we have articulated for months access to part of the income tax base vacated and months. We articulated this position in by the Commonwealth. Does that mean that Government and in Opposition. The whole we want to take part of that income tax base issue of vertical fiscal imbalance—that sort of to Queensland? highfalutin terminology that basically means Why does not the Queensland that the States do not have the resources to Government have the guts to say what it meet their responsibilities—needs to be means in its own document? The third point in redressed. the Western Australian document is "Secure We agree with the view of the Western State access to a broad-based consumption Australian Government. We would do away tax". The Western Australian document says with those direct grants to the States, but on this— the basis that we have a guaranteed access 4130 Fuel Subsidy Bill 30 Oct 1997 to the Commonwealth's revenue base. The on your ill-considered, ill-advised, iniquitous Commonwealth has access to the major commitment to the abolition of land tax. In growth taxes available in this nation, and a fact, even the Government's interstate guaranteed proportion of that should flow back colleagues believe that land tax is an to the States. That guaranteed proportion equitable impost. The Western Australian needs to be modified through the Grants Government certainly believes that. The South Commission process because we need to Australian Government certainly believes that. safeguard the position of those States and The Commonwealth certainly believes that. Territories that have basic difficulties in But for reasons best known—— delivering the standard of services because of Mr Connor: If you win the next election, the distribution of their population, or because are you going to fully reinstate the same levels of the intrinsic nature of their economies or of land tax as you had? their societies. Mr HAMILL: No, but I am delighted that Queensland has benefited from that the former Minister has sought to ask me a process as being a relatively sparsely settled question. In fact, it is nice to get in a bit of State since the Grants Commission came into practice. I was starting to get a bit stale, not being. We still derive a small benefit through having questions asked of me. It is good to that process, albeit a declining benefit revisit those skills. They will come in handy in a because our population is growing. Over many few months' time. years we have seen strong growth in this State compared with other States. Gradually To answer the former Minister: no, we will Queensland's position in the Grants not reinstate the thresholds that existed in Commission formula is coming closer and relation to land tax when we left Government. closer to parity. But I would not want to see Is that clear enough? In other words, those the situation arrived at where States like provisions that were enacted by this Tasmania and South Australia, or indeed the Parliament this year arising out of the Budget Northern Territory, were going to be will stay. We will not turn back the clock, even disadvantaged through an inequitable though I know that the coalition loves to try to arrangement whereby a set percentage of turn back the clock. Commonwealth taxation revenue was given So that the Minister has no doubt back to the States without any consideration whatsoever, let me say that the other thing of any particular needs that Australians have. that we will not do when we come to We believe in a fixed share, with the Grants Government is impose a freeze on capital Commission formula. works. We also believe in the removal of the Mr Beattie: There's another one. disincentives to employment that exist in this Mr HAMILL: That is an important one. State through the manner in which payroll tax The former Minister who interjected was one of is levied. This is an area in which the the main culprits. He was the Public Works Opposition has engaged the Government in Minister who sat on his hands and saw small debate for months. It would appear that the business in this State go to the wall because National Party and the Liberal Party in the Queensland Government turned off the Government believe that there is a better capital works tap. That capital works freeze social outcome to be had by providing brought Queensland to a halt. We will not turn concessions to land speculators, many of back the clock on land tax. We will not repeat whom are not even resident in this State, the disastrous economic policies that the through the abolition of land tax rather than coalition has pursued in relation to capital lowering the rates of payroll tax which are works. I thank the member for that interjection. levied on those employers in this State who May there be many more of similar ilk. actually provide jobs for people. With respect to payroll tax, I believe that We make no apology for the fact that our this Government made a fundamental error in No. 1 priority is employment and employment its Budget by providing tax concessions to a generation. We believe very strongly that in handful of developer mates on the coast when this issue of tax reform payroll tax ought to be it could have provided a real employment targeted as one of the imposts that ought to incentive to the State's major employers—the go and go quickly. We advocate that, and we people who actually have a significant payroll. urge the Queensland Government to do at That was a chance which, two years in a row, least one backflip for which we would applaud the Government failed to seize. Let us hope it. I say to the Government: for goodness' that in this important debate on tax reform the sake, in the interests of Queensland, backflip Government does not just follow along in the 30 Oct 1997 Fuel Subsidy Bill 4131 wake of the Commonwealth but that it actually want of confidence, because Queenslanders, takes a leading role, seizes the opportunities Queensland industry and Queensland people for Queensland and takes a leaf out of the are not being provided with strong and policy proposals which we in the Labor purposeful leadership from this coalition Opposition are advocating, that is, that Government. We were not provided with that Queensland should not sacrifice its low-tax leadership in relation to this whole tax debacle, status. That is important for Queensland. But which has led to this legislation being Queensland should be sitting at the table, introduced today, and we are certainly not advocating and articulating clear proposals for being provided with that leadership in what is tax reform in this State and in the the most fundamental debate which is facing Commonwealth, not just following in the wake the nation at present, that is, the issue of tax because it is too scared to put forward an reform. When it comes to the crunch, the opinion. Queensland Government is not prepared to Mr Beattie: No leadership. stand up and be counted. It is not prepared to articulate unequivocally and clearly what its Mr HAMILL: There is no leadership. That position is in relation to tax. It just wants to in itself is the problem. And as there is no hide behind platitudes and rhetoric, because it leadership, there can be no real confidence in does not want to have the courage of its this Government. Queensland ought to be convictions in the public arena. That is a doing much better than it is, instead of tragedy. It is an indictment on this bobbing around with some of the highest Government, and it is an indictment on the unemployment rates in the nation. We should leadership which this Government fails to have gone back to the growth rates that were show. a feature of Queensland during the early Time expired. nineties. The Minister for Training ought to take particular note of this. Mr BEATTIE (Brisbane Central—Leader of the Opposition) (5.18 p.m.): I rise to offer Mr Santoro: Get out of it! I don't have to bipartisan support for the Bill. I have often said pay attention to anything that you say. that we are willing to offer our bipartisan Mr HAMILL: It is worth while having those support where there appears to be a clear remarks of the Minister recorded. He takes no benefit for Queensland, and we have done so notice. He does not listen. Here is the on many occasions with this Government. This problem: he does not want to recognise that is just another example of our positive during the six years of Labor Government in approach to Queensland and our positive this State economic growth averaged 5% per approach to good government. This Bill annum. That occurred right throughout one of appears to offer a workable, if somewhat the most severe recessions that this nation cumbersome, mechanism to ensure that had endured in 30 years. Queensland petrol prices in Queensland are not subject to maintained growth rates averaging 5% per extra tax. It supports the outcome that Labor annum. Throughout much of that period, has been seeking since before the High Court unemployment in Queensland was below the made its decision on State taxing powers on 5 national unemployment rates. But what is August. happening? The Queensland economy falters, Mr Santoro interjected. the numbers of full-time jobs have declined, and our unemployment rate is one of the Mr BEATTIE: I take that interjection that highest in the nation. the Minister applauds Queensland's growth rate of 5% under Labor. If Queenslanders and Queensland Mr Santoro: That wasn't the interjection. business could have confidence in this Government, and if Queensland business Mr BEATTIE: We have a very proud believed that the Queensland Government record when it comes to growth in this State. It had a direction and a vision for the future, is true that, during the years of the Goss then maybe we would be doing a lot better Government, growth was over 5% on average, than we are. That really is the issue. which this Government has never achieved. I Queensland should be doing a lot better than thank the Minister for his interjection. it is. We have the fundamentals to make a Mr Santoro: Why did they stop better performance than we are currently supporting you? Why did they throw you out? putting in. Mr BEATTIE: I take his interjection in When one looks at all the factors in the relation to the seven new or increased taxes equation, one comes back to one very that his Government introduced, which slowed important and very critical one, and that is a down the economy. Having promised that 4132 Fuel Subsidy Bill 30 Oct 1997 there would not be any new taxes—do have to have the mind of Manuel to make that honourable members remember the deduction. commitment—the Treasurer said there would Let me make my position on petrol tax be no new or increased taxes. What did we crystal clear. I do not support a petrol tax and I have? Seven new or increased taxes! The never have. I have said years ago that I would member has a hide to talk about taxes. His be the last person to advocate a petrol tax. I Government is the highest taxing Government am on record in Hansard as saying that. that this State has had probably since Federation. Dr WATSON: This is the first time that I have ever seen a Leader of the Opposition This legislation supports the outcome that make an important speech with not one Labor has been seeking since the High Court member present to support him. made its decision on State taxing powers on 5 August. Our position has always been that we Mr BEATTIE: Mr Deputy Speaker, is that would support legislation that would ensure a point of order? that there is no State petrol tax for Mr DEPUTY SPEAKER (Mr Laming): Queensland. I made our position very clear Order! The Minister will resume his seat. publicly. Mr BEATTIE: I say to the Honourable Mr Hamill: Legislation that provides a Minister: that is fine. solution. Miss SIMPSON: I rise to a point or order. Mr BEATTIE: Indeed. Mr Deputy Speaker, I draw your attention to the state of the House. Our support for this legislation confirms my frequently stated and very clear opposition Quorum formed. to a State petrol tax. Some weeks ago, Mr BEATTIE: What an extraordinary set Treasurer Sheldon proposed to introduce of circumstances. Let us put on the record that legislation to explicitly ban cross-border trade. a Government member called a quorum. This Any such legislation would have been Government has the responsibility to maintain unconstitutional. As my shadow Treasurer the numbers in the House. Government pointed out at the time, Labor will support a members do not even have enough interest to legislative solution, but not a legislative sham, turn up in the Parliament. A Government and nor should we be expected to support member called a quorum. What a joke! Even such a sham. I have been warning the State the Government back bench knows that this about what was a very real threat of higher Government is not serious. What an fuel prices. I pointed out that the Government extraordinary state of affairs. Let the record should have had a plan to deal with the High show that the Government is not serious. Who Court decision in place and ready to be came into the Chamber? Who did the introduced well before the verdict was brought Government member have to call back into down. the Chamber? The Treasurer! The Minister When it was clear that this do-nothing who is in charge of this legislation was not Government had failed, I warned that there even in the Chamber. I say to the Government was a clear danger of higher prices. Indeed, if member: thank you very much. That is a it had not been for the energetic, decisive matter that we will draw to the attention of the points made by the Opposition, this people of this State. Government would never have been I said years ago that I would be the last pressured into doing something about keeping person to advocate a petrol tax. I am on petrol prices down. It is only through the direct record in Hansard as saying that. I confirm action of this Opposition that we were able to today that Queensland Labor is totally pursue this Government and get it to finally opposed to the introduction of a State petrol take some action. This Government went off tax and will not support the removal of the to Canberra, sold out the State and did a deal subsidies that this legislation is putting in on the basis of being reimbursed by volume, place. The arrangements contained in this Bill not on a per capita basis. They sold out the cannot be a long-term solution. This problem State. "Backflip Basil" Borbidge and "Sybil" will be resolved properly only if the uniform rate Sheldon, the Premier and Treasurer of this of fuel excise is equal to or less than the level State, and the rest of this Fawlty Towers applying in Queensland prior to the High Court Government have tried to make out that that decision. It emphasises the clear need for actually meant that I support a State fuel tax. fundamental tax reform. "Backflip Basil" Borbidge and "Sybil" There is a growing imbalance between Sheldon—let us hear them roar! One would State and Federal taxing powers that needs 30 Oct 1997 Fuel Subsidy Bill 4133 urgent attention. Fuel tax is an inefficient these are the sorts of lies that we will get in the mechanism for general revenue collection. I election campaign. For the National and will say it again: fuel tax is an inefficient Liberal Parties to talk about truth in mechanism for general revenue collection. It advertising—what a joke! They talk about truth discriminates against particular industry in advertising, and there are their lies sectors. Some are protected—mining and misrepresenting our view in relation to petrol agriculture—but transport in particular is taxes and this Bill. If members opposite think unfairly exposed. It is difficult to justify the Queenslanders want Liberal and National externalities—environmental costs of Party lies, they will respond accordingly. When usage—argument about road transport fuel I saw this flier last night and had some time to consumption. If goods need to be trucked, have a look at it, I was convinced once and for then fuel must be used, so why impose a cost all that the members opposite are not fit for penalty? office. They will be removed. I look forward to Yesterday my longstanding prediction that. that the National and Liberal Parties would This corrupt National Party and the Liberal conduct a deceitful and dishonest campaign lap dogs will lie, cheat and deceive to hang on received further confirmation. A false flier has to power. How could the Nationals and been put out by Ken Crooke and Greg Goebel Liberals get so much so wrong? The only thing and is full of lies and misrepresentations of our Labor can remotely agree with in this position in relation to this Bill. I will deal with lie dishonest distortion of the truth is the No. 1, because it is important. It relates to this statement at the bottom which says, "Keep Bill. This is the sort of deceitful and dishonest Queensland a low-tax State." Queenslanders campaign that we will get. Lie No. 1: "Mr can trust Labor to do that, but can they trust Beattie supports petrol taxes"—wrong, as I Basil and Sybil to accommodate their have just confirmed and they all well know! Lie interests? This Fawlty Towers Government has No. 2: "Mr Beattie wants even more mishandled most things that they have dealt taxes"—wrong again! We are not the ones with. That is why this issue of taxation that the running a secret agenda to bring in a GST; the shadow Treasurer has talked about is relevant. Government is. Lie No. 3: "He is knocking the Let us consider the mismanagement, deal that the coalition has negotiated"— backflips and broken promises: oil and tyre wrong again! We support this legislation. By taxes; the super stadium, the ParkPass, supporting this legislation today we made security of payments for subcontractors; absolutely clear what our position is in relation capital works; an underlying deficit in the State to petrol taxes. I am standing here supporting Budget for the first time in living memory; and, the legislation, but that will not stop them worst of all, the near disaster of an 8c a litre continuing with the Liberal lies. increase in the price of fuel across the State. Lie No. 4: "Coalition delivers low petrol We were within a whisker of a new $550m prices"—wrong again! Petrol prices were low annual tax on the Queensland economy and before the coalition came into power. All the Queensland families. This National/Liberal coalition has done is run panic stricken around coalition wanted to have a State petrol tax by the country, stopping at the very last minute stealth. If it was not for our Opposition, that is an 8c per litre increase because we put what would have happened. pressure on them to do so. Without our When the High Court made its decision pressure, they would never have done it. We about State taxing powers, this Government helped save Queensland motorists from that was quick to provide assurances that prices 8c a litre increase. Liberal lie No. 5: "Borbidge would not rise, but slow to provide detail on and Sheldon have saved you 8c a litre." How? how those assurances could be met. The Petrol prices should be the same as they were Government took a full month to place the before. Let us talk to motorists to see about advertisements telling Queenslanders what that. Lies, lies and more lies! was going on. The Victorian Government had The National/Liberal coalition in this State placed its ad three weeks earlier. The Premier is being managed in a style reminiscent of and the Treasurer told us that discussions had Germany in the 1930s. That is highlighted in already taken place with Canberra this brochure. In those days, the Germans had bureaucrats, but nobody thought to talk to the a crook for a leader and a propaganda liquor, tobacco and petrol industries that would Minister named Goebbels. It seems that that be affected. The Government only started is all back. That is the biggest pack of lies that talking to the liquor industry a full week after I have seen in a political flier. I place on the the High Court decision and only after the record and warn all Queenslanders today that major brewers had gone public warning about 4134 Fuel Subsidy Bill 30 Oct 1997 increased beer prices. Tobacco prices ended Government had to start again. The up 20c a packet higher—another Borbidge Opposition put the pressure on the backflip. Government to start again. That is why on 15 From the day of the High Court decision, October I issued a statement calling for both this Government was giving assurances that parties to finally settle the issue. petrol prices would not go up. The full-page What an absolute debacle! It was a last- advertisement, which was printed on 1 minute rescue in a very literal sense. It September, said that there would be no need required four interstate trips over two weeks for price increases in petroleum products and because Prime Minister Howard was initially that the Government fully supported the reluctant to help out Queensland. At the time, arrangements put in place. When pressed on the Prime Minister and this Government were that point in Parliament, the Treasurer hardly the best of friends. The Prime Minister pathetically tried to squirm and claim that she basically regards this Government as a joke. I did not write the ad. Maybe the Treasurer did suggest to the House that it was only the fact not write it, but it had the Government's logo that the South Australian election results were on the bottom and it paid for the publication. so disastrous for the Liberals that the Federal Why would the Treasurer do that if she did not Government was galvanised into cutting its fully support the context of the ad? losses. The Premier can take no credit for that event, although undoubtedly Treasurer Then in September the petrol companies Sheldon played a part by putting her Liberal tapped the Treasurer on the shoulder and said colleague John Olsen right in it, dumping the that they were unhappy with cross-border responsibility for tax reform in his lap, for which trade and would reject the subsidy and just I thank her again today. charge the extra 8c a litre. On 8 October, Treasurer Sheldon promised that petrol prices While all of that was going on, it dawned would not rise. Then on 12 October she upon this Government that the compensation backed off a bit saying, "I believe there will not deal that it had negotiated with Canberra be a petrol price increase." The following discriminated against Queensland. As a State morning Premier Borbidge said that he was that consumes 22.5% of the nation's petrol, only cautiously optimistic that a price hike the Government agreed to receive back from could be averted, with chances not much the Commonwealth only 19.6% of the extra better than 5 out of 10. Later that day, 13 fuel excise paid around the nation. That is how October, Basil and Sybil got their photos taken bright the Government is. Talk about a reign of in Canberra triumphant with the news that they error! Suddenly a 73% black hole in the State had negotiated arrangements that would Budget loomed because this Government did provide protection against price rises by not have the wit or knowledge of the State to getting petrol retailers to collect the tax. Yet understand that Queensland tends to two days later, Queenslanders woke to find consume more petrol than other parts of the the petrol retailers were suggesting that petrol nation because of its decentralisation. New prices could increase by up to 4c a litre. The South Wales and Western Australia stood to Government has the gall to accuse the pick up most of that $73m. However, the Opposition of creating uncertainty. It did it all Treasurer does not understand that by itself. Talk about a reign of error! That is all subsidising another State is not in our this Government is capable of. interests. Finally, the Treasurer arrived at the I have to ask: why did the Government arrangements in the legislation that is before agree to Western Australia getting 17% of the us today by backflipping completely on the refunded excise? That State receives only 9% requirement that retailers collect the tax that of financial assistance grants and it consumes she announced with the Prime Minister only only 15% of the nation's petrol. Why did the two days earlier. That is now a bad backflip! Government let Western Australia get away They will now pay for their fuel net of the extra with that? Is this Government absolutely tax and the distributors will administer the certain that it will get back all of the shortfall? arrangements. Once again, the Government The second-reading speech tries to had failed to talk with the industry about what resurrect the Treasurer's mythical inherited it was planning. Because of that, service underlying deficit. If the Treasurer wishes to station owners suddenly found themselves persist with that bodgie means of analysis, facing interest holding costs of thousands of perhaps we should apply it to her own dollars a year. It took two days to sort it Budgets. She concocted a deficit by adding out—two days because the negotiations had up one-off sources of funding and came up collapsed at the end of the day one and the with $185m. Using exactly the same criteria, 30 Oct 1997 Fuel Subsidy Bill 4135 her last Budget included one-off funding of Opposition is opposed to any increases in $850m extracted from the electricity industry taxation. It believes that the Commonwealth and a further $100m from other sources. By should give some taxing powers to the State, the way, I understand that the Government is but that does not mean any increases in going back to the electricity industry to try to taxation. However, this State is led by two get more money to pork-barrel for the election. people who are incapable of arguing a So by the Treasurer's own criteria, the State sensible case to see that the State is looked Budget has an underlying deficit of over after. When these taxation talks take place, $900m. That is her analysis. we are represented by people who have no The truth is that, by any recognised clout. measure, Labor Budgets were in surplus. By The honourable Mr Harper said that the those same measures, the Treasurer has Government was going to Canberra with an turned back the GFS Budget position by $1.4 open mind. Unfortunately, the two minds that billion. For the first time in living memory, go there are not only open, they are blank. Queensland has an underlying deficit of An Opposition member: They are empty. $99m. If the whispers coming out of the Government are any indication, the Treasurer Mr BEATTIE: They are empty. We will not will end up leaving office with a billion dollar be represented. This is a sad indictment on deficit in her wake. this Government. Frankly, the sooner they go the better. The Treasurer is simply an appalling indictment of all that the Liberal Party stands Time expired. for. What an embarrassment she was to the Hon. J. P. ELDER (Capalaba—Deputy coalition when asked to comment on Keith De Leader of the Opposition) (5.38 p.m.): This Bill Lacy's retirement. Premier Borbidge had the highlights the Government's approach to its grace to speak of Keith's service to the State. responsibilities but, more importantly, the But no, not the Treasurer. She cannot shake a method of governing this State. Instead of grudge. What did she say? "We look forward trying to pre-empt a problem, it dithers and to winning his seat at the next election." The waits until it is too late and then it has to act. Treasurer is like the office worker who skips This issue shows that this is a reactive another worker's farewell party to lay claim to Government rather than a pro-active the vacant office. Government. The coalition has not been pro- This Government mishandles everything active since the day it fell into the Government that comes before it. Just as in Fawlty Towers, benches. It is a Government that is pushed "Basil" Borbidge and the "Sybil" Sheldon, our around by events rather than one that actually Premier and Treasurer, are running around tries to shape them. It is a Government that is madly trying to hide the rat from the health moulded by events without showing any inspector. However, like the health inspector, leadership at all. Queensland smells a rat and it goes by the We have a Premier who is far too weak to name of Basil. take charge and too distracted by his fixation The Opposition supports the legislation on the CJC and on the High Court. We have a before the House because it believes that it is Treasurer who is too arrogant or too stupid to a serious attempt to resolve this petrol price know what to do. This is just a classic example problem. The Opposition is determined to of that stupidity. As we know, the Treasurer keep a very careful eye on this Government. It has a penchant for playing practical jokes in will make certain that it does not backflip any the House. We all remember her attempt at further. What is important is this: when the humour over that tax gaffe. Premier and the Treasurer go to the leaders Mr Hamill: Just taking a little rise out of meeting tomorrow in Canberra, and eventually the Opposition. to COAG, they actually have the moral Mr ELDER: Yes. We will be examining fortitude to argue a case that will see this this legislation to make sure that the Treasurer State's position enhanced, not reduced. Our did not sneak any jokes onto the people of difficulty is that the Premier and Treasurer are Queensland, because the biggest joke of this regarded with such disdain and with such issue has been the way she has treated the humour in Canberra that they have no clout to people of Queensland. Honourable members deliver any package that would look after the will recall that the Treasurer first rose to taxation interests of this State. prominence with her outrage about blond We are currently facing a crisis in terms of jokes. Unfortunately, business leaders in State taxation in the sense that the High Court Queensland can now see the irony when they has removed certain taxing powers. The look at the link between blond jokes, the 4136 Fuel Subsidy Bill 30 Oct 1997

Treasurer and the comments that she has Court case shows that the State is suffering as made. Business leaders are not laughing now, a result. However, that is not demonstrated because the ultimate blond joke has been only by this High Court case. Myriad major forced upon them. issues have come before the Government and Let us look at the lead-up to this its lack of a central policy function has been legislation. The case before the High Court seen by all. It has resulted in the failure of the had been around for months. Everyone knew Government to deliver on a whole range of that it was coming up and everyone knew policy areas. As I said earlier, the Government what its impact would be. In cases like this, had no contingencies in place for what was a there is just as good a chance of winning as lost situation. there is of losing. What was the Borbidge Honourable members will recall what Government's reaction to the High Court's happened in the liquor industry. The negative ruling? It was just like a rabbit caught Government did not talk to the liquor industry in the spotlight. It did nothing. That reaction until one week after the decision came down. was typical. It did not have a clue what to do Businesses and the major brewers were so and it did not know where to go. I recall some frustrated that they actually went public on the of the classic comments made by the frustration that they felt to point out just how Treasurer at the time. "We had a contingency incompetent the Government had been in plan", she said. handling that situation. Mr Schwarten: She was going to Mr Schwarten interjected. legislate at one stage. Mr ELDER: I think they were considering Mr ELDER: Exactly. legislation at the time. Their first reaction was, Mr Beattie: There was a helicopter to fly "We will just have to legislate. It doesn't matter out of the State. whether it is unconstitutional; we will get it Mr ELDER: That was about the only through." contingency plan and I wish she had taken it. Mr Connor: You obviously have a lot We would all be better off. more support than your leader. The Treasurer said, "We expected this. Mr ELDER: I can tell the honourable We were ready for it. We had a fall-back member one thing: they would not be stupid position. We had a contingency plan." The enough to call a quorum on their own contingency plan was nothing but blind panic. legislation. I bet that the member for The Government did not know what to do or Maroochydore makes the Courier-Mail where to go. The Premier and Treasurer had tomorrow. She would have to be the first to go to Canberra on about three different member of this Parliament I have heard of occasions just to try to resolve the situation who has actually called a quorum on her own and get themselves out of what was clearly an Treasurer's legislation. Whom did she have to unexpected outcome. pull into the Parliament? She had to pull in the Mr Hamill: But every new plan dug them Treasurer! She will go down in history. into another problem. Miss Simpson interjected. Mr ELDER: It seemed to me, and I think Mr ELDER: I know that the member for to all Queenslanders, that that was exactly the Maroochydore has a high opinion of herself, case. It shows the Government's lack of ability although no-one else does. I say to her: keep in negotiating through difficult issues. The up the interjections, because I enjoy them. I Government lacked the intellectual rigour to ask the honourable member to please take get itself out of the situation. It should have more points of order if she wishes, but she had a contingency in place so that it could should ensure that when she calls a quorum deal with the issue from the day that the High again it is not on Government legislation. That Court decision was delivered. was a classic! What has the Government done to Queensland? As with a number of this And fancy the member for Nerang Government's decisions, this one has made interjecting! He must enjoy the back bench. It Queensland a laughing-stock within the has been a hard ride and a hard fall from the business community. They sit around front bench. Actually, when one thinks about wondering whether, at the end of the day, any it, the Government might have been better off sense will come out of the Government. To with the member for Nerang. He might have date, there is no central policy function within seen through this. the Government and its reaction to the High Mr Schwarten: No! 30 Oct 1997 Fuel Subsidy Bill 4137

Mr ELDER: No, I give up. That was just a passed straight across to Western Australia, failing moment of charity and I should not New South Wales and Victoria. have let myself be overcome by it. The only consultation that occurred after Businesses were so frustrated about the the decision was with the fuel companies. Government's decision in relation to the liquor Honourable members will recall that it involved industry that they had to publicly chastise the only the oil company and distributor levels; the Government for its handling of the issue. The constitutional argument was used for not tobacco industry did not even get an including the retailers. Then out of the blue the opportunity to do that, because it was Premier and Treasurer go to Canberra and abandoned completely. At the time the come up with a special deal. Suddenly, the Treasurer said that there would be no retailers are in the spotlight. That was the first increases in prices or taxes in relation to time that the retailers actually knew about this. tobacco. However, there were increases and What did the retailers do? When the they were increases across-the-board, which Premier and the Treasurer called a meeting to everyone is paying for. find a satisfactory solution to the problem The oil companies have, at the end of the because they had already gone public and day, probably felt utter frustration at the way said that it would be collected at the retailer that the Government has handled this issue. level, the retailers told them, "Go jump in the They have been shattered by the lake." I think that that is the kindest way that I Government's lack of preparedness and its could put it. Not one retailer was supportive of inability to deal with the issue. As has been the proposal to buy fuel at a high price and articulated by the shadow Treasurer and the sell it at a low price and then wait for the Leader of the Opposition, I cannot come to Treasurer to reimburse them. None of them grips with the question of why the Government would cop that. would strike a deal on a per capita basis, when Mr Hamill: Imagine waiting for Joan's Queensland uses, per person, 300 litres of cheque in the mail. fuel more than any other State. Can the Mr ELDER: She said that it would be a Minister tell me the reason for that? day in the mail, but as we know from our own Mr Hamill: They're dumb. experience in the Opposition office, cheques are at least a month, if not more, in the mail Mr ELDER: I thought that the answer would be more complex, but I will accept that before one gets reimbursement. as being the reason. An Opposition member interjected. Mr Palaszczuk: The Minister is nodding Mr ELDER: She should have been in his head. He agrees. Canberra, but she must be awfully disappointed at having to listen to this, Mr ELDER: He always nods his head. because we have stopped her from swanning Normally when ones tie slips, one nods. down south. Maybe that is a good thing, Mr Schwarten: That's because he's got because if she was down there doing the deal nothing in it. It's like a rattle on his shoulders. again, we would probably get burnt twice. Mr ELDER: In the Minister's case, the tie The simple fact of the matter was that always slips and his head rattles. Imagine there was no way in the world that the retailers doing a deal based on a per capita measure, were going to accept that proposal. That is knowing that Queensland sold and used more why we said at the time that the talks had fuel and would be disadvantaged by that. collapsed. They had certainly collapsed in this one respect: the retailers had said to the Mr Hamill: You know what Jeff Kennett Treasurer, "We aren't going to cop it. Find says? "Here comes Joan. You beauty!" someone else or we are not talking." That is Mr ELDER: It is not only Jeff Kennett, but why the talks went for over a day and a half. also Premier Court in Western Australia. We said that the talks had collapsed. Too right Premier Carr in New South Wales would be they had collapsed; they had collapsed with laughing all the way to the bank, because New the retailers. They might have been going on, South Wales squares off with about $52m but the retailers were not listening. They were from this. An adjustment might be made at not going to have a bar of it if their COAG when the time comes, but in the interim administrative costs were not going to be they are laughing all the way to the bank. covered. They were not going to cop the They are laughing at our expense and at the impact on their businesses. inability of the Premier and the Treasurer to Mr Hamill: What was the Minister for get Queensland's fair share. Instead, it is Small Business doing during all of this? 4138 Fuel Subsidy Bill 30 Oct 1997

Mr ELDER: If the truth be known, he was reason is simply this: if you look like a dud, probably out looking for rhinos. The Minister move like a dud and sound like a dud, you are can tell me when he finds one. usually a dud. That is the situation with the This has now gone back to the distributor Treasurer. As I said, no amount of long level. Surprise, surprise—in regional holidays and make overs will save her. Queensland, the major distributors are Certainly, that is the view of Queensland retailers. If over the next few months the business. Treasurer and Treasury are delayed in getting Do members know what people say these refund cheques back to the distributors, about the Treasurer—that is, those who I will be interested to see how long they will offered an opinion that can get by her hold their prices at the pump. Out there they arrogant and rude attitude? They just cannot are run as a single business; they are both wait to get rid of her. Most business people distributor and retailer. This will hurt them. It will cannot wait to see the back of her. This is a be interesting to see how long the distributors sad reaction, because there was a fair degree will wait. If they are not refunded on time they of support when she first hit the deck. The will put up prices in the regional areas. trouble was that the Treasurer hit the deck and Mr McGrady interjected. that was all she did. From those in the business community who know the Treasurer, Mr ELDER: I take the interjection in that is a sad reaction. Unfortunately, the oil relation to prices in Mount Isa. Interestingly, companies are of the same opinion. There is today the Treasurer told us that prices were no confidence in either the Treasurer's or the stable. They are not stable in Mount Isa, Premier's ability. Right from day 1 they have Townsville or Rockhampton. In fact, they are mismanaged this situation and been not stable in my electorate, which is in south- incapable of handling it. What is their way east Queensland. We have people checking through it? Their way through it is simply to the prices at the pumps. There has been a look at another tax option. That tax option is creep in prices of a couple of cents simply a GST. A GST sounds like a GST, looks generally—— like a GST and, when the Treasurer talks Mr McGrady: Three cents. about a broad-based tax, it is in fact a GST. Mr ELDER: I will accept that there has Mr Hamill: And that will be on fuel as been a 3c price creep. I thought that it was a well. 2c price creep, but I will accept that there has Mr ELDER: That will be on fuel. We will been a 3c creep right across this State. get the fuel tax increase, but we will get it Government members know that for a fact. At through another mechanism. That is what the the end of the day, there has been a petrol State will be advocating at that meeting. It will tax by stealth. The Premier and Treasurer be interesting to see what is in the formal said, "If that's the case, we'll do something paper put before this tax summit. Western about it." But that is what they always say and Australia has had the courage to come out promise. They have broken so many and put its position. South Australia has had promises; they are unable to keep them. the courage to come out and put forward a These price rises are happening now. Prices formal position. I am told that Victoria has are up in regional Queensland. Instead of done the same thing. One of the only States making threats, they should do something that has not put forward a formal position in about it. relation to its views on taxation for the Another thing annoyed me about this. community to see is Queensland. We know When all of this was going on and when a from the fact that this Government has tried to contingency plan was supposed to be in run and hide that we can expect that in that place, where was the Treasurer? She went on document will be a broad-based consumption an extended holiday. She took a couple of tax, a wealth tax and carbon taxes. All of the weeks' leave. I suspect Bob Carroll told her issues that are being canvassed by other that she was about as popular as poison in States are likely to have been canvassed by the opinion polls and that she needed a long this Government. holiday and a make over so that she could At the end of the day, this Government's come back and make herself a little more approach to this issue has been shabby and presentable. I say to all of the Liberal appalling. It has done nothing to improve the backbenchers sitting opposite that the confidence level of motorists. The Government Treasurer, Mrs Sheldon, will not save them. At is not just being dishonest with respect to the end of the day, no amount of make overs petrol taxes. The motorists have been slugged will save her standing in the opinion polls. The with respect to oil and registration, and in 30 Oct 1997 Unmet Needs 4139 particular CTP. We can all recall the slug last the annual report of the Queensland year after we were told that there would be no Parliamentary Service for 1996-1997. increases in taxes and charges. Why should we believe what the Government is telling us about the fuel tax? We were stuck with a $66 UNMET NEEDS rise in registration fees. Since that time, the Ms BLIGH (South Brisbane) (5.57 p.m.): I Government has introduced speed cameras. move— The speed cameras were supposedly "That this Parliament recognises that introduced as a road safety measure. We the unmet needs of Queenslanders with have seen where those cameras are being a disability, their families and carers are at used. The cab drivers of Brisbane are only too critical and unacceptable levels, and well aware of where they are. They are being expresses concern that— seen as simply a revenue-raising measure. The motorists have copped it in the ear again. ¥ the Borbidge-Sheldon Government has failed, for two consecutive The Government was dishonest with budgets, to meet its 1995 election motorists in relation to its tax promises in the promise to increase spending on previous Budget when it said that motorists disability by $34m per year for three would not cop a slug in that case. They years; did—$66 straight in the ear. The Government was dishonest when it said, "We will introduce ¥ the allocation of $500,000 for unmet speed cameras as a road safety measure." needs in this financial year falls so far Based on the figures to date, that has been short of requirements that there will be no funding round in 1997-98 for purely a revenue-raising measure. The the first time since funding rounds Government was dishonest with people in were instituted under the relation to this issue. The Government was Commonwealth/State Disability caught, hung, drawn and quartered, and it Agreement; and tried to back out of it. It is still trying to back out of it by circulating the dishonest paraphernalia ¥ Government Ministers, including the that we have seen from it over the past 24 Minister for Families, Youth and hours. That will not work. I have been through Community Care, have spent more all of the regions. They know exactly who is than three times this amount, $1.7m, responsible for this. In Cairns, they know it is on renovating and upgrading their the member for Barron River and the member own ministerial offices; and for Mulgrave. In Townsville, they know it is the calls on the Government to make an member for Mundingburra. immediate allocation of $5m in crisis Mr Tanti: You're a lunatic. funds from the Treasurer's Advance to meet the critical need for accommodation Mr ELDER: Ah, Manuel! It is good to see support, respite care and other needs of Basil, Sybil and Manuel, the member for Queenslanders with a disability Mundingburra. I knew there was a Manuel throughout the State." somewhere opposite; it had to be the member for Mundingburra. I move this motion in an effort to secure urgent funds for a growing crisis in our An Opposition member: Oh, Mr Fawlty! community—funds to meet the critical levels of Mr ELDER: Oh, Mr Fawlty! I thank the unmet needs for the thousands of member for Mundingburra for putting up his Queenslanders with a disability, their families hand. He is as good as the member for and carers, who are currently left in the cold. Maroochydore. He should do that more often. Let me start by addressing the specific At the end of the day, the Government components of the motion before the House. I abrogated its responsibilities and failed the turn firstly to the election promises of the people of Queensland on this issue. coalition Government. Debate, on motion of Mr Elder, The motion condemns the coalition for adjourned. wilfully breaking an election promise. What was that promise? I quote— "The coalition will provide an QUEENSLAND PARLIAMENTARY SERVICE additional $34m per year over three years Annual Report to assist Queenslanders with disabilities. More than $20m of these funds will go to Mr SPEAKER: Order! Honourable intellectual disabilities each year. There members, I lay upon the table of the House will be a special allocation for centres 4140 Unmet Needs 30 Oct 1997

providing training and activities for school allocation was an insult to those people whose leavers with disabilities." hopes were cruelly raised by the false How does the record stack up against that promises of an opportunistic coalition. What admirable promise? In the 1995-96 financial does this actually mean in dollar terms? The year, less than $1m was allocated in funds for money was allocated to regions on a unmet needs. In the current financial year, proportional basis. The Minister confirmed in $4.5m has been allocated for meeting the the Estimates committee that the money needs of disabled school leavers in the would be allocated as follows: first, the Moving Ahead Program, and $500,000 has Brisbane north region would be allocated been allocated for unmet needs. $137,000 for the year; Brisbane south, $147,000 for the year; south-west The Government's election promise was Queensland, $83,000; central Queensland, nothing more than cynical electioneering, and $70,000; and north Queensland, $60,000. So it had no intention of keeping that promise. It in central Queensland, where families have was not a vague or imprecise promise; it did been told that they are on a 40-year waiting not make loose statements such as, "We will list for services, the Minister has allocated try to increase funding over a period of time", it $70,000 to alleviate that for the 33 families guaranteed a specific amount. It guaranteed assessed as critical. In north Queensland, $34m per year. We could argue about Budget stretching from Townsville to the Torres Strait, allocations all night, but the Minister will never he has allocated $60,000 for families in critical convince me or the disability sector of some of need while he spends $200,000 on a the claims that his previous two Budgets have ministerial office for himself in Cairns. been anything other than tricks with mirrors. Even on the Minister's and the Government's In answer to a question on notice in own claims about their two previous Budgets, August, the Minister told me that the money they are $90m short of the promise they made had been allocated to regions and that to Queenslanders with a disability. In the individual proposals are being approved as document that the Minister circulated today, they are being finalised. It is simply not true. he confirmed that over the next three years Either he lied to me deliberately in that answer the Government anticipates spending $36m. or he has no idea what is going on in his That is $36m over three years, not $34m in department. Individuals, families and each year. That is not even one third of the organisations up and down this State have promise that the Government made. been told by departmental officers in regional offices that there is no funding round, that the If the Parliament tonight endorses the funding round has been cancelled so they motion that I have moved, the Minister will still should not bother to apply. But what does all be millions and millions of dollars short. He will of this mean in human terms? In Townsville have to find in excess of $85m in the next earlier this year I visited a number of year's Budget to catch up to the promise he organisations with my caucus committee. I made to the people in 1995. The public, the learned of a 45-year-old woman with profound families and those with a disability have a right intellectual and severe physical disabilities. to expect Governments to make every She is living on a mattress on the floor of her genuine attempt to meet their election home and is being cared for by her parents. promises. If this Minister was $4m or $5m Her father has been incapacitated by a stroke short I would not be standing here and she missed out in last year's funding condemning him, but he is $90m short. In this round for any support. That family obviously case he has not even made a token effort. I had high hopes for this year and now it does understand that he has recently established not have even hope. an interdepartmental working group I am pleased to see that the member for comprising representatives of his own Maroochydore will be speaking in this debate, department and Treasury with community because I would like to present an example groups. Finally, after two years in his Ministry, here this evening of four young men from the Minister has worked out that he actually has to do some work to achieve a Budget different families on the Sunshine Coast. allocation. I wish him luck, but it is too little too Parents of two of these young men are in their late. eighties and a parent of another is in his sixties and is suffering from a heart condition. Let me turn to the question of the Three months ago the Department of Housing abolished funding round in this financial year. allocated a purpose-built house to allow these The Minister made a pathetic allocation of young men to live independently and relieve $500,000 this year for growth funds for the the burden on those families. So the many families waiting for services. This Department of Housing allocated money, it 30 Oct 1997 Unmet Needs 4141 built a purpose-built house and then what "He'll spend $300,000 on his office happened? There was no funding round. and then say families ... have to have the There are no support dollars for those young choice (of either institutional or community men; therefore, they could not take up the living). department's offer of a house. It has But they (families) don't have real subsequently been allocated to someone choices ... because the services don't else. That makes a mockery of any claims exist ..." towards Government coordination. Meanwhile, another worker in the field said The whole process is a shambles. These that it sickened her to think of Mr Lingard are heart-breaking stories. I hear them every making himself more comfortable, knowing the time I travel through Queensland. As Minister, deprivation that existed in the community. Mr Lingard must hear them all the time. How can he listen and take no action? What kind of It is in the Minister's power to fix this. He a man is he that he can come in here this has the power to go to the Treasurer and ask morning and present this glossy propaganda for a $5m one-off allocation from the as some kind of substitute for real action? How Treasurer's Advance as a crisis allocation to dare he insult the people on waiting lists up meet a growing need that has become critical. and down this State! How dare he insult their It has reached unacceptable levels. It has intelligence! The document starts with an been his job for two years and he has done insult. The Minister speaks in the following nothing. He has wasted every opportunity that terms— he has had. He has brought nothing but dashed hopes to the many people who are "In circumstances where there must relying on him to deliver a promise that he be restraint in Government expenditure in never intended to keep. I urge every member the interests of responsible economic of this Parliament to support this motion. I can management, it is essential that we make tell those people on the speaking list from the the best use of available resources." other side of the House that the way they vote How dare this Minister speak of restraint! Can tonight will be recorded, and every member of honourable members imagine "Black Label the disability community in their electorates will Kev" having the temerity to utter the word know about it. "restraint", the man who spent $1,800 a week An incident having occurred in the public on personal entertainment expenses when he gallery— was Speaker of this Parliament? Mr SPEAKER: Order in the gallery! It is a An Opposition member: $60,000 in eight privilege to be in the gallery, not a right. You months. cannot interject, sing out, clap or cheer. I ask Ms BLIGH: He spent $60,000 in eight for silence in the gallery or I will invoke your months. He took personal excess to new removal from the gallery. heights, prompting the Auditor-General to Mr BEATTIE (Brisbane Central—Leader bring in new regulations to curb that kind of of the Opposition) (6.08 p.m.): I second the thing in the future. How dare he speak of motion moved by the shadow Minister. In restraint! He spent $360,000, including doing so, I highlight the fact that this is a $65,000 on new furniture, on his own office! Government of wrong priorities. The shadow Now he presents this glossy propaganda to Minister pointed out that the current Minister prop up his failing image. It is no substitute for has spent a total of more than $360,000 on a action or getting on with his job as an new ministerial office for himself. That is advocate for people with disabilities in the $295,000 on the actual office and another system. $65,000 on furniture. I think that the people of Townsville Mr Springborg: How much did your new should have the last word in this debate. What office cost? did they have to say about this Minister two Mr BEATTIE: I am delighted that the days ago? The Townsville Bulletin carried the member opposite has raised that issue about headline "Lingard 'sickens' disabled". The my office. When I was the Minister for Health, Minister would be interested to hear what a my office was a dungeon. I did not spend one number of people in that community had to cent. Do honourable members know why? say. One woman who has worked tirelessly for Because the money went into services! That is years in the disability field said that she could what I was about. The office was falling down. think of only vulgar words to describe her The curtains collapsed off their rails, but I did reaction to the Minister's spending on not replace them because I wanted to make refurbishing his office. She said— certain that the money went into services. 4142 Unmet Needs 30 Oct 1997

This Minister spent $65,000 on furniture in. They are not homes. The most ridiculous and $295,000 on the actual office. This fact is that it costs more to keep someone in Government has spent $1.7m on ministerial hospital than it does to give them the support offices. What about disability? Where can it they need at home. find money for that? It cannot. I am told that On 12 June last year Minister Lingard the Minister did not like the carpet in his office, said that the Government was committed to so he ordered a new one. He did not like that reforms aimed at moving people from one either, so he ordered another new one. institutions into the community. But he said But the Budget contains no more than such reforms were very costly and he could $500,000 for the unmet needs of the disabled give no guarantees about funding. What a in this financial year. This figure is so paltry hollow promise! Carers are shocked that that it is too small to be divided up throughout virtually no money is being spent on moving Queensland. I am told that the amount is so people from institutions into the community. ridiculously small that Minister Lingard has now cancelled it. People are being told not to The Minister has also spent hundreds of bother applying for any help under this thousands of dollars on a blatantly political scheme. But it was Minister Lingard whom the ministerial office in Cairns where National Party Auditor-General criticised for spending an propaganda has been distributed, but no average of $1,800 a week on entertaining. money is going into services. It is not good What effect are these wrong priorities enough. We are talking about people and having on people? The Townsville regional their quality of life. It is not good enough to manager of the Paraplegic and Quadriplegic simply leave these people in hospitals, or Association of Queensland, Ray Roberts, said leave them without care. that $300,000 could have provided assistance I know it is an expensive exercise. I know to about 10 disabled people who needed help it is difficult. But we have to try harder than we with meals and getting out of bed each day. are doing now. It is not good enough to simply Only four of the 84 people who submitted try and blame the Commonwealth. This applications from his association this year had amendment is a disgrace. It says in two parts received funding from Mr Lingard's office. that we have to wait until the Commonwealth There is a young child with a disability does something. For heaven's sake! I know who has been placed in Rockhampton Base the Commonwealth has to provide funding, Hospital, not because that child is ill or needs but we have a responsibility at a State level. It medical attention, but because there is is not good enough to simply put it all back on nowhere else to go. There are no community the Commonwealth. Anyone who supports this supports available in the child's home town. amendment ought to be ashamed of That child is not alone in Rockhampton Base themselves. Hospital. A mother living several hundred Time expired. kilometres away was told that the only option Hon. K. R. LINGARD (Beaudesert— for her disabled child was for the child to be Minister for Families, Youth and Community hospitalised. Rockhampton Base Hospital was Care) (6.13 p.m.): Weeks before the last the only hospital available. election in 1995 the Parliament was presented In north Brisbane there is a young man with a petition from 11,500 signatories saying who very much wants to live at home. An that the ALP had not done the work for the accident means that he needs help in looking unmet needs that it needed to do. There is a after himself. That help is not being provided massive demand for unmet needs. In 20 by Minister Lingard's department. That young months we have faced the problem of the man has lived for a long period in a hospital. Challinor Centre where I gave $12,000 and In Redcliffe, the daughter of an elderly have completely resolved the problem as far man has spent the last 15 months in hospitals as that centre is concerned. The Labor Party because there was no accommodation spent $16.5m but only moved five people out support available. That was bad enough. Then of Challinor. The situation at the Basil Stafford she was transferred to a geriatric unit. Then Centre has been completely resolved. It will she was transferred to a psychiatric unit. She now be a respite centre. I have invited the is not old. She does not have a psychiatric Opposition to go to Basil Stafford and look at disability. the situation there, but not one of those opposite has accepted that invitation. W. R. There is much misery involved in children Black has been completely finalised— and adults having to spend all their waking hours in hospital. They are away from their Ms Bligh: I rise to a point of order. The families. Hospitals are not designed to be lived Minister is misleading the House. He knows full 30 Oct 1997 Unmet Needs 4143 well that I visited the centre on two occasions. after people in their own homes. As far as the I thanked him for his courtesy. unmet need is concerned, we have promised Mr LINGARD: W. R. Black has been that that is the next step. Everyone knows that completely finalised. Sir Leslie Wilson has that is a very big step. been completely finalised as far as moving Therefore I move— people into the de-institutionalisation program "At line 1, all words after is concerned. I have said emphatically that I 'recognises'— am extremely concerned at the polarisation of this debate. omit, insert— 'the unmet needs of Queenslanders with I will not enter into the debate where I a disability, their families and carers and have advocacy groups promoting 100% de- acknowledges— institutionalisation and moving everybody out into the community. That idea has completely ¥ the allocation of $263.9m across failed in some areas. Similarly, I will not government in 1996-97 and support those people who say that we should $548.2m across government for have 100% centre-based care. I have always 1997-98 to address the needs of said that I will provide choice. I have provided people with a disability; choice to the people of Challinor. I have ¥ that until the Commonwealth State provided choice to the people of Basil Disability Agreement is signed Stafford. The people from W. R. Black and Sir funding is pending for unmet needs. Leslie Wilson have moved out into the Allocation of State funding community on a very costly de- commitments will continue; and institutionalisation program. calls on the Government to allocate Mrs Edmond interjected. CSDA funds to meet the critical need for Mr SPEAKER: Order! The member for accommodation support, respite care and Mount Coot-tha is not in her usual place and other needs by Queenslanders with a cannot interject. disability throughout the state as soon as funds are released.' " Mr LINGARD: However, when I am spending up to $170,000 per person in We have to come to an agreement with the support in moving out into the community, Commonwealth as far as the CSDA providing infrastructure for the house, and agreement is concerned. At present we have then providing the infrastructure for the not come to an agreement with the program, I cannot and will not blame or Commonwealth and, therefore, we cannot criticise people who say to me, "We have hand out money which has not been allocated looked after the person with disabilities in our by the Commonwealth. But look at that own home, but you are providing this massive document— amount of money for these people coming out Time expired. of institutions. What have you given to us?" Mrs WILSON (Mulgrave) (6.18 p.m.): I Unfortunately, we have to say that we have am pleased to second the amendment moved provided very little to many of those people. by the Minister for Families, Youth and That is why I am sympathetic to the whole Community Care. A few weeks ago I met with motion. Even though I will move an some concerned Queenslanders who had amendment to that motion, I am sympathetic come to discuss what this Government was to their concerns. doing in the area of disability funding. The But those opposite are being dishonest. Basil Stafford Centre situation was mentioned. This Government cannot support that sort of That weekend the Minister announced a dishonesty. Today, I have handed out $2.6m extra package to enable a number of documents which show that this Government residents of the Basil Stafford Centre to move has spent $584m in cross-departmental into the community. The Minister has offered money. That is much more than we had the opportunity of choice to people with promised at the last election. Whilst some disabilities, and has not swayed from that people still say that it has not gone to the area stance. they wanted it to go to, look at the money that The concept of choice exists for those has gone to the de-institutionalisation residents at Basil Stafford Centre who choose program; look at what money has gone to the to remain as residents or who choose to live Moving Ahead program, which is part of the within the community. The Borbidge/Sheldon unmet need program; and look at the money Government has not failed, as has been that has gone to the elderly who are looking mentioned by the member for South Brisbane. 4144 Unmet Needs 30 Oct 1997

The initiative of this Government has been the support needs. The Moving Ahead Program allocation of $550m in cross-Government has benefited from extensive input and spending. It does not sound like a failure to assistance from the non-Government sector in me. The Borbidge/Sheldon Government will ensuring the successful implementation of the continue to provide for and work with people program. Staff of the Department of Families, with disabilities and families and carers. Youth and Community Care have worked with The Disability Budget statement that was Education Queensland school transition presented today clearly outlines the officers and teachers in negotiating with commitment of the coalition Government in service providers to respond to the needs of the major areas of Health, Education—which young people with severe disabilities. plays a major part—Housing and, of course, The development of the Moving Ahead Families, Youth and Community Care. I want Program has been enhanced by the to focus on the areas of unmet needs, evaluation of the post-school options concentrating in particular on Moving Ahead demonstration projects funded by the and post-school services. Department of Families, Youth and Community Care. This evaluation revealed Until recently, the majority of young that encouraging progress can be made for people with severe disabilities in Queensland many young people with severe disabilities left special educational programs with limited when appropriate and flexible programs are opportunities to access employment, ongoing put in place. Benefits were found in various education or other activities. The provision of ways, including families being better able to post-school services to young people with cope with challenging behaviours, increased disabilities and complex support needs had participation of young persons in community long since been an area of significant unmet life and the improvement of young persons' need, and this Government responded to life skills. community demand by recognising this area as a priority. The lack of post-school services The program provides young people and has also been recognised as a significant their families with the opportunity to determine national iss ue through the the type of service they require and who will Commonwealth/State Disability Agreement provide that service. This is achieved through evaluation. the provision of individualised funding packages and the involvement of parents and Cabinet first considered the issue of post- young people in the planning process. Young school services for young people with severe people with disabilities and their families have disabilities in November 1996 and directed the complex needs which require a range of formation of an expert interdepartmental service responses. The model provides committee to oversee the development of an flexibility for young people and their families action plan for post-school services. Cabinet and carers to choose centre-based programs considered a submission from the Department with fixed hours and routines, or the of Families, Youth and Community Care on 8 development of a program with a service April 1997—this year—regarding post-school provider which meets their needs or a services for young people with severe combination of these. In other words, it disabilities. The result of this decision is the provides individualised programs for the introduction of the Moving Ahead Program, people who need them. which has initially supported 70 young people with disabilities to move from special schools The duration of the Moving Ahead to community-based placements. Program for individuals will be two years. However, Cabinet will review this decision in 12 Ms Bligh: What about the other $20m? to 18 months' time, informed by an Mrs WILSON: I ask the member to listen independent evaluation of the program. for a moment. Time expired. In the 1997-98 Budget, the Queensland Mrs LAVARCH (Kurwongbah) (6.23 p.m.): Government allocated $17.431m over three Little Megan Smith is a bright and beautiful years for the expansion of the Moving Ahead six-year-old child, but little Megan lives in a Post-school Services Program. This will mean frustrating world of silence. Megan was born that up to 200 school leavers with disabilities with cerebral palsy and cannot speak for will access the program each year. This herself, but that does not mean that she does initiative recognises the significant unmet need not know what is going on. She knows and in this area and the growing community understands everything. Little Megan knows demand for post-school service provision for that her mum and dad, Chris and Paul, love young people with disabilities and complex her dearly and want her to be happy and 30 Oct 1997 Unmet Needs 4145 comfortable, reaching her full potential. She Megan's next question would be to the knows that her mum and dad are trying their Minister for Families, Youth and Community hardest to meet her needs. She sees them Care, and of him she would ask: "Why is it that struggling on their own to do this with little or I receive only four hours of respite care every no help from the Government. Little Megan school holiday period?" That is only 16 hours feels her parents' anguish. She watches their out of 8,736 hours in a year. She would ask: uphill battle to give her the gift of "Why is my mother not automatically entitled communication. to this?" Megan's mother has to ring around A special computer known as the Macaw and chase up respite care every school 3, costing around $3,000, would open up a holidays. She basically has to beg for respite whole new world for Megan. This sum is far care. Megan cannot walk, she cannot talk, beyond her parents' financial capacity. Megan and she is not toilet trained. I might add that strives for the chance to end her silence. She the respite which Megan receives is at the wants to be able to communicate that she Pine Rivers respite centre, which is an wants a drink or that she is hungry. Her excellent centre, but it caters mainly for aged parents, Chris and Paul, want to be able to people. Is this truly meeting the needs of a six- provide this for her. They have appealed to year-old girl? the Pine Rivers community to help raise funds To the Minister for Education, Megan for this special computer. With a young family would like me to say that she would like to of three children and with Megan requiring full- read his statement in this glossy document, time care, to have to go out and fundraise but she cannot, because she cannot get into places an enormous burden on Chris and Paul a school. Do members know why she has Smith. been denied entry to a school? Because she Today the Minister for Families, Youth requires a full-time teacher aide. Megan is and Community Care tabled this glossy failed by her body, not her mind. She is document, the Disability Budget statement. I entitled to a mainstream education. She is a am sure that this glossy document would have very bright and intelligent child, and she has cost the Minister more to produce and the right to develop her potential there. But circulate than it would cost to end Megan's the Education Department does not have the silence. money to provide a full-time aide for her. Megan's next question would be to the Ms Bligh: Shame! Minister for Transport. It is a very practical Mrs LAVARCH: Absolute shame! Tonight question. Megan is confined to a wheelchair. I thought I would pop in on the way home and Time expired. give Megan's parents a copy of this document. I wonder what they would have to Mr CARROLL (Mansfield) (6.28 p.m.): say about the Government's commitment to Relatives and friends of intellectually disabled furthering the rights of people with disabilities people sought my help from October 1994 and assisting them and their families. I am onwards with requests to stop the then Labor sure that Megan's parents would see this Government's moves to tip all people out of statement for what it is: hollow rhetoric and institutions for the intellectually disabled. It was shameless self-promotion. If little Megan was clear that Labor was then not listening to the given the chance to end her silence, she people. Of course, things improved very would have a lot to say about it. quickly after February 1996 when this coalition Government came to power. Labor now Megan may not be able to speak, but I pretends to be listening. Tired old Labor again can speak for her. What she would want me to creates an opportunity to stir up the anxieties say is this—firstly, to the Minister for Health: of the families of the intellectually disabled. "Why is it that a Macaw 3 communication The special challenges and anxieties facing device had been recommended by the those people are weighty enough without tired Medical Aids Communications Assistance old Labor crying wolf and provoking alarm. Scheme yet, under the Medical Aid Subsidy Scheme, only one third of its cost is Let us consider the facts. While we provided?" She would ask: "Why does my consider the facts, let us remember that the mother have to go out and fundraise for the upgrade for the Opposition Leader's office in remaining $2,000?" The Ministers of this Albert Street cost $600,000. I wonder how Government have spent 8,500 times that many aids for disabled kids or how many amount refurbishing their ministerial offices. hours of respite that might have provided. They sit in luxury, but Megan cannot even tell The previous State Government had a her mother that she is hungry. policy of institutional reform under which they 4146 Unmet Needs 30 Oct 1997 planned to close both the Challinor and Basil residents over a period of three years. The Stafford Centres. Despite the allocation of a study is being conducted by the Schonell significant amount of money, the previous Education Research Centre at the University of Government actually moved only five people Queensland. Expressions of interest have with intellectual disabilities from those centres been called for two centre-based care support over two years. That process had been the options in Brisbane south and Ipswich. subject of much criticism, particularly from Cabinet recently approved funding in excess families of people living at the two centres and of $2m, which will provide a number of Basil particularly on the grounds that many families Stafford Centre residents with the opportunity were concerned about the capacity of their to move into the community. The allocation of family members to be supported in the that funding is evidence of this coalition community after having spent many years in Government's commitment to providing either Challinor or Basil Stafford. choices for people with a disability, and, in This coalition State Government has particular, choices between living in a responded to this criticism and offered families residential centre and living in the community. a choice. The policy of choice has resulted in In keeping with the concept of choice, the retention of the Basil Stafford Centre as an those people who wish to leave the Basil accommodation option for people with Stafford Centre to live in the community will be intellectual disabilities and in the provision of supported to do so. At the same time, those centre-based options for people leaving the people who choose to remain in a centre- Challinor Centre. Families should not be faced based facility will be supported to do so in a with concerns about their loved one's future. safe and well-managed environment. The They should not have to be concerned about additional funds in excess of $2m, along with the unnecessary alarm that the Leader of the capital funds for refurbishments at the centre, Opposition and other members of the will help to improve the quality of life for the Opposition are trying to provoke. Whatever 100 people who currently reside at the Basil options are planned for a person with an Stafford Centre. It is expected that some intellectual disability leaving one of the residents will relocate to public housing in their centres, our Government believes strongly that community of origin or choice by mid 1998. alternative services should be well planned Families are being given the opportunity to and well resourced to meet the needs of the indicate whether they wish their family member individual. There is no point in relocating to remain living at the centre or be considered people from the centres unless there is for relocation into the community. Based on certainty about the alternative service delivery that information, the relocation of residents to and a capacity to adequately meet the needs public housing will proceed as soon as of each person with an intellectual disability. possible and as soon as support services can That is why we firmly applied the brakes to be arranged. Staff of the Disability Program deinstitutionalisation and have allowed it to have commenced planning with regard to proceed as one option only at a careful pace. family consultations, individual case reviews It is useful to contrast the funds provided and the process for deciding which individuals for that process through this Government with will be able to move. A total of $3.8m has the funds provided by the previous Labor been committed over three years for the administration. Under this coalition upgrading of the facilities at the Basil Stafford Government, a total of just under $22m has Centre. been allocated to support the relocation of Time expired. people with disabilities into the community. Hon. J. FOURAS (Ashgrove) (6.33 p.m.): I The previous Government allocated a would like to tell the member for Mansfield that significantly smaller sum of just five and three I will not pretend that Labor's record while in quarter million dollars for the same purpose. Government was unblemished. However, the Clearly, our Government has been more blinkered speeches of Government members responsive, committed more resources and do them no credit. We all have the opportunity achieved greater results than the previous tonight to do something positive for people Government. A total of 71 people have moved with disabilities by supporting the motion from the Challinor Centre to date. It is moved by the Opposition. All we heard from anticipated that a further 20 people will move Minister Lingard was his defence of by the end of the year. institutions. He calls it "choice". For years, This project will be the subject of a major there has been ongoing debate as to whether evaluation study that will identify and measure large centres for people with intellectual changes in the lifestyles of the former Challinor disabilities, such as Basil Stafford, should be 30 Oct 1997 Unmet Needs 4147 closed. They should. However, this debate on people with disabilities in the community. New deinstitutionalisation has masked the serious funding is urgently needed for additional underresourcing of disability services. places in existing and new disability services to Fewer than 3% of people with disabilities provide accommodation support, day options in Queensland live in institutions. Therefore, and flexible respite and family support 97% live in the community, many with ageing programs. parents who are given little or no support. I turn now to my electorate of Ashgrove, Successive Governments—and for the benefit where we have an outstanding service, of the Minister, I point out that that includes Ashgrove Unicare. That service provides the Labor Government—have avoided the programs to some 60 families, such as in- issue of the provision of adequate funding for home support, centre-based respite, support services, accommodation, respite care emergency support in crisis situations, post- and post-school options. Sadly, the low priority school options and school holiday programs. in the allocation of public funds has been That is not scratching the surface of the need largely due to the belief of Governments that in the community. Because of the high level of they can rely on the commitment of families to unmet need, Unicare is currently developing continue to care for their members. Such informal systems of support for individuals and cynical Government neglect should not be families and researching the use of volunteers. allowed to continue. Queensland spends a I will be attending a meeting at that centre mere $122 per person on child disability and tomorrow. All they can do is ask the welfare services. Honourable members can community for volunteers to meet their needs. compare that with the average around That is disgraceful. Australia of $291. Let us not pretend that that In the electorate of Ashgrove, Westcare is is not a fact; it is fundamental to this debate. the only service provider of respite care In 1996, the Commonwealth/State Disability overnight. Its books have been closed. Agreement demand study found that 1,370 Nobody else can get on that list. If a family parents over the age of 65 who were caring for wants a holiday, it cannot have one unless its high support needs children were being name is on the list. Eight families in the provided with no support whatsoever. This is a Ashgrove electorate have got together to build legacy of decades of neglect. It is an outrage. an overnight respite care home. They could Surely those carers and their families who face not get any funding, because no new funding many challenges every day without the is provided in this Budget. Last year funding support and services that they need to lead submissions totalled $36.8m—only $1m of quality lives in the community deserve a better which was met. Now we have no new funding deal. submissions at all. There is no way that those I also would like to tell a story about a families can go to any agency and say, "We mother. She says— have the land. We will build the house. We "My husband is 71 years old and I want to run a program." There is no recurrent am 69. My daughter Caroline is 23 and funding. What happens to those people? has down syndrome with severe They cannot go on a holiday. Their quality of intellectual impairment and no speech. life suffers. They will become stressed. Their We have brought up seven children, six carers will face breakdown and they will have a have left home, have marriages, children diminished quality of life. Their emotional and and careers. Since Caroline's birth, I have physical health will break down. That is the been very involved with her as she needs outcome of this non-caring approach. It is constant supervision. We love her and will about time we forget about publishing these care for her as long as we are able, but beautiful books, like the one I am holding up, we cannot live forever. Our health is that do nothing but waste money. indifferent and the situation is aggravated Time expired. by our extreme anxiety about Caroline's Miss SIMPSON (Maroochydore) future. We want her to live in the (6.38 p.m.): I do not believe that there is one community which she knows and where person in this House who does not care and she is known, with adequate support to have concern for the needs of disabled lead an ordinary life. We are aware that Queenslanders. However, I believe it is time to there are many parents in our situation strip away the hypocrisy of the Labor and that our desperate crisis could come Opposition, particularly when it refers to the tomorrow." cost of ministerial offices. I note that the This crisis will not go away until more resources spending on ministerial offices in Queensland are provided to meet the support needs of pales into insignificance when one pulls out 4148 Unmet Needs 30 Oct 1997 what Labor spent during its time in office; yet there is great need, and $550m has been Labor also spent less on disability services. allocated in the 1997-98 Budget for it. I have We have to acknowledge that a record heard tragic stories, such as that relating to amount of money has been spent on disability the little girl who has difficulties. However, day services and $550m is targeted for the 1997- respite centres are being built and respite is 98 year. I think that recognises that there is being provided and planned for school great need in this area and that this problem is holidays, which was never planned for by the not going to go away overnight. We recognise Labor Opposition. that many people need considerable help. Mr Fouras interjected. However, it should be noted that more money Mr SPEAKER: Order! I warn the member has been spent under the term of this for Ashgrove under Standing Order 123A. Government than was spent during the term of the previous Government. Miss SIMPSON: In late 1995, the Unmet I want to refer to the $1.7m that Labor Needs campaign was launched, which was a spent on its ministerial offices. In fact, it spent legitimate lobby to start to receive increased funding for community-based services for more than that. I have been able to retrieve people with disabilities. In June this year, the from archives figures relating to only five Unmet Needs working group was formed. That Ministers of the Labor Government. During the group is comprised not only of departmental 1993-95 period, those five Labor Ministers officers but also people who are serving the spent over $200,000 on their ministerial needs of the community—parents and service offices. In 1993, Mr Braddy spent $250,000; in providers. That group is seeking ways to 1994, Mr Elder spent $275,000; and in 1994, increase the availability and accessibility of Mr Mackenroth spent $233,000. I have not services and support required to ensure the finished yet; there is more. In 1994, Mr Milliner spent $253,000 and in 1995, Mr Hamill—who I quality of life for people with disabilities in note is in the Chamber—spent $336,000. In Queensland. current dollar terms, those five Labor Ministers The initial task of the group is to provide spent $1.445m. There is more. A further two advice and direction for a planned Labor Ministers spent in excess of $100,000 departmental response to Unmet Needs and a on their office accommodation. Budget submission seeking resources to Mr Springborg: Ms Bligh didn't tell us implement that response. The terms of this. reference for the working group include contributing to the identification, extent, Miss SIMPSON: No, she did not. There is location and nature of unmet needs in more. In 1993, Mr Wells spent $157,000 and Queensland and to contribute to the in 1994, Mr Casey spent $144,000. I believe assessment of the appropriateness and that, in current 1997 dollar terms, that adequacy of existing service responses and expenditure amounts to $330,000. That totals supports. over $1.7m. Time expired. In addition to that expenditure, departmental records indicate that in excess of Hon. D. J. HAMILL (Ipswich) (6.43 p.m.): $200,000 was spent by Mr Gibbs when he It is a tragedy that this debate has was the Tourism, Sport and Racing Minister degenerated in the way that it has. A number and a further $200,000 was spent by Mr of Government members, including the Mackenroth when he was the Emergency Minister, have gone out to deliberately Services Minister and his office was located at misrepresent the situation as it pertains to Forbes House. These figures are the only unmet needs. figures that I have been able to retrieve from Before the member for Maroochydore archives at short notice. leaves the Chamber, I want to make some Mr Springborg: A drop in the bucket. comment in relation to an allegation that she made. The member claimed that in 1995 I Miss SIMPSON: That is right. I think it is spent $300,000 on office renovations. I time to strip away the hypocrisy and challenge that and I challenge the source of acknowledge that that is Labor's record. Those that information. In 1995, I became the are the only figures that I have been able to Education Minister. I went into an office that retrieve from archives. had not been renovated for about 10 years. I There are significant needs in the area of remember receiving a quote for renovations of disability services. That has been recognised. about that magnitude. What did I do? I The Government acknowledges that that need rejected it. I did not actually have that office cannot be addressed overnight. However, renovated. The Minister for Education would 30 Oct 1997 Unmet Needs 4149 well know that the only changes that were Advance that has over $100m in it. We are made in the office were a new table and chairs asking the Government to allocate $5m when and some lounge chairs; there was not the Government had promised that it would $300,000 spent on it. The member for allocate $34m. Surely what is being asked for Maroochydore has stooped to the tactics that this evening is not a great ask. are well known by the Minister—to The money is for funding in areas such as misrepresent and besmirch rather than deal recreational needs. A great organisation in my with the substance of the debate. The area called Project Recreation would love to substance of the debate is the failure of this deal with the needs of many other disabled coalition Government to deliver on its people, but it cannot handle those needs. commitment to the disability community of People in the community are inadequately Queensland. What was the substantial served with respect to their leisure activities. commitment? $34m extra per annum! What The attitude of this Government is to put has been the delivery? $1.5m over two people out into the community and then not to Budgets! It has been pathetic. It has been service their needs. It was the same when it embarrassing. refused adequate support for organisations If the Minister wants to be emphatic, then when the SACS Award came in. It is the same I say to the Minister that he should be in this instance when the Government hides emphatically embarrassed by his non- behind a glossy publication to try to hide its performance in this critical area. It is not good non-performance. enough to hold up a glossy brochure and talk I say emphatically to the Minister that, if about $500m of expenditure on disabilities he is going to deliver choice to families, he can when he knows and I know that about half of deliver it by supporting the motion. $5m is not the sum that he claims is being spent is a big ask. actually the wages and salaries of professionals not in the Minister's department Time expired. but, rather, in delivering special education Mrs GAMIN (Burleigh) (6.48 p.m.): This services. That is not a new figure; it has been Government is very aware of the high level of around for some considerable time. I suspect unmet needs for disability services in the that it actually includes the running of the community. This matter has been brought to special schools and I suspect that it includes the Government's attention a number of times cutting grass at the special schools. However, through activities such as the Unmet Needs it does not deliver to where the real unmet campaign. needs are. That is really what we are on about The Department of Families, Youth and here—getting an additional allocation of $5m Community Care understands that current to be directed to those who do not have a service levels are a reflection of the spending choice. priorities of the previous Labor Government. The Minister talks about choice and he The Queensland coalition's Budget initiatives talks about institutional care. However, we are highlight this Government's commitment to talking about families such as a family in my working together with communities in order to area that has no choice whatsoever as to develop the best possible strategy to address whether their disabled child is cared for at unmet needs. Total Government expenditure home. That family has no choice when it by the former Government on services to comes to respite, because respite is not people with disabilities was an estimated available. That family has no choice when it $242.8m in 1995-96. We will increase this to comes to care, because it cannot get an actual $548.2m in 1997-98, a total adequate care in the home. For a increase of $305.4m. Government that talks about family support, Mr Fouras interjected. this coalition should hang its head in shame Mr SPEAKER: Order! I have already that it will not support a proposition to fund an warned the member for Ashgrove once. additional $5m to provide for additional respite care and other support to families that are in Mrs GAMIN: This represents a significant need and families that are in crisis. achievement beyond the 1995 election promise of the coalition to increase spending For the Minister to try to amend the on disability services by $34m per year for motion to try to push the issue onto the three years, an amount equivalent to a net Commonwealth is yet another cop-out. It is an increase of $102m. This means that in two absolute cop-out from a Government that years the Government will have been able to opted out of delivering on its commitment. We achieve its 1995 election promise three times are asking for $5m to come from a Treasurer's over. 4150 Unmet Needs 30 Oct 1997

In 1996-97, the Department of Families, of the current negotiations relating to the Youth and Community Care spent Commonwealth/State Disability Agreement. approximately $150m on disability services In Queensland, the survey of the disabled across Queensland, almost half of which was and the aged, and their carers estimates that allocated to the non-Government sector to 582,200 people have disabilities. This provide services. In addition to those funds, represents 18.7% of the State's population. Of the State Government allocated more than those, nearly one quarter have been identified $113m to services for people with a disability as having high support needs. It is also through the areas of Health, Education, estimated that more than 84% of the people Housing and Transport. with high support needs live in the community, The 1996-97 Budget committed a total of while the remainder are in some form of $26.8m of new funds over three years through institution, nursing home, hostel or hospital the disability program of the Department of care. Families, Youth and Community Care for the A further opportunity to address the provision of services to people with disabilities. unmet needs of people with disabilities would This amount included additional funding of arise by encouraging service provision by $8.6m over three years in order to support mainstream services in communities. To families caring for people with disabilities. This encourage this approach, the Department of includes additional respite, counselling and Families, Youth and Community Care is specialist services and support for ageing committed to achieving results in its lead carers. This is a significant first step towards agency role on disability matters. It is working addressing the unmet needs of people with with other departments to develop disabilities and their families. mechanisms to give effect to a whole-of- The 1997-98 Budget has allocated Government approach to disability-related $36.047m over three years through the issues. Department of Families, Youth and Question—That the words proposed to Community Care to address the unmet needs be omitted stand part of the question—put; of people with disabilities. Further funding and the House divided— support to services has been made available through the Government's decision in late AYES, 38—Ardill, Barton, Beattie, Bird, Bligh, Braddy, Bredhauer, Briskey, Campbell, D'Arcy, 1996 to provide funds to assist services in Edmond, Elder, Foley, Fouras, Gibbs, Hamill, meeting the impact of the SACS Award. The Hayward, Hollis, Lavarch, Lucas, McGrady, 1997-98 Budget provided $13.2m over three Mackenroth, Milliner, Mulherin, Nuttall, Palaszczuk, years for this purpose to the department. The Pearce, Purcell, Roberts, Robertson, Rose, Commonwealth Department of Health and Schwarten, Spence, Sullivan J. H., Welford, Wells. Family Services has agreed to provide Tellers: Livingstone, Sullivan T. B. supplementation to services of the costs NOES, 38—Baumann, Beanland, Connor, Cooper, associated with the implementation of the Cunningham, Davidson, FitzGerald, Gamin, Gilmore, SACS Award for those services which Goss J. N., Grice, Harper, Healy, Hegarty, Hobbs, transferred under the Commonwealth/State Horan, Johnson, Laming, Lester, Lingard, Littleproud, Disability Agreement in 1992. McCauley, Malone, Perrett, Quinn, Radke, Rowell, Santoro, Sheldon, Simpson, Stephan, Tanti, Veivers, The post-school demonstration projects Warwick, Watson, Wilson. Tellers: Springborg, funded by the Department of Families, Youth Carroll and Community Care have been evaluated to Pairs: Elliott, De Lacy; Borbidge, Goss W. K.; inform the cross-government planning process Slack, Dollin; Woolmer, McElligott; Mitchell, Nunn; for the provision of post-school services. This Stoneman, Smith evaluation has been used in the development Mr SPEAKER: Order! I inform honourable of the Moving Ahead Program, which has members that any further divisions will be of been allocated $17.431m over three years to two minutes' duration. provide vocational, personal and social skills programs for young people with severe The numbers being equal, Mr Speaker disabilities who complete schooling at age 18. cast his vote with the Noes. The high level of unmet needs has been Resolved in the negative. identified in the review of the Question—That the words proposed to Commonwealth/State Disability Agreement as be inserted be so inserted—put; and the affecting the whole of Australia. As such, all House divided— States and Territories have ensured that AYES, 38—Baumann, Beanland, Connor, Cooper, unmet needs and adequate levels of Cunningham, Davidson, FitzGerald, Gamin, Gilmore, Commonwealth funding are key components Goss J. N., Grice, Harper, Healy, Hegarty, Hobbs, 30 Oct 1997 Fuel Subsidy Bill 4151

Horan, Johnson, Laming, Lester, Lingard, Littleproud, which puts a lid on one possible way that fuel McCauley, Malone, Perrett, Quinn, Radke, Rowell, prices could have been forced to rise. In Santoro, Sheldon, Simpson, Stephan, Tanti, Veivers, March 1997 the High Court heard submissions Warwick, Watson, Wilson. Tellers: Springborg, from the States, the Territories, the Carroll Commonwealth and the affected parties in two NOES, 38—Ardill, Barton, Beattie, Bird, Bligh, cases that challenged the validity of the fees Braddy, Bredhauer, Briskey, Campbell, D'Arcy, collected under the New South Wales tobacco Edmond, Elder, Foley, Fouras, Gibbs, Hamill, business franchise legislation. The two cases Hayward, Hollis, Lavarch, Lucas, McGrady, Mackenroth, Milliner, Mulherin, Nuttall, Palaszczuk, were known as Ha and Lim v. New South Pearce, Purcell, Roberts, Robertson, Rose, Wales, and Hammond v. New South Wales. Schwarten, Spence, Sullivan J. H., Welford, Wells. The parties were arguing the same point: that Tellers: Livingstone, Sullivan T. B. tobacco licence fees imposed constituted an Pairs: Elliott, De Lacy; Borbidge, Goss W. K.; excise and, therefore, were invalid as only the Slack, Dollin; Woolmer, McElligott; Mitchell, Nunn; Commonwealth can impose excises under Stoneman, Smith section 90 of the Commonwealth Constitution. The numbers being equal, Mr Speaker As honourable members would be aware, cast his vote with the Ayes. this section provides that the Commonwealth Resolved in the affirmative. is given exclusive power in respect of the imposition of customs and excise duties. Motion, as amended, agreed to. However, the law in Australia concerning Sitting suspended from 7.03 p.m. to section 90 of the Constitution has been the 8.30 p.m. subject of much judicial attention over the years. The cases decided by the High Court shortly after Federation favoured a narrow FUEL SUBSIDY BILL interpretation of the term "excise" in section 90 Second Reading of the Constitution which limited the concept to Resumed from p. 4139. the imposition of taxes on goods at the manufacturing stage. Mr CARROLL (Mansfield) (8.30 p.m.): As a member of the Treasurer's ministerial Shortly after the end of the Second World committee, I am very pleased to speak in—— War, the High Court of Australia broadened the concept of an excise to cover any impost Mr HAMILL: I rise to a point of order. Mr levied at the manufacturing, distribution or Speaker, I draw your attention to the state of retail stages. Since then the High Court has the House. taken a broad interpretation of the term Quorum formed. "excise", with the States relying on a major Mr CARROLL: As I was saying, as a exception to the general interpretation of member of the Treasurer's ministerial "excise" established in a 1960 case known as committee, I am very pleased to be speaking the Dennis Hotels case as the basis for levying in support of the Fuel Subsidy Bill. Over the tobacco, liquor and fuel franchise fees. past couple of years the issue of fuel pricing In 1997 the history of Australian fiscal has been an increasingly popular topic among federalism has taken another turn, with the several of my constituents. When constituents High Court finding on 5 August that the New are faced with a price of two-thirds of a dollar South Wales tobacco franchise fees were per litre for fuel and when the cost of auto gas invalid under section 90 of the Australian is less than half that price, constituents often Constitution. This left sufficient doubt over the want to discuss this matter. What annoys constitutional validity of business franchise them most frequently appears to be the fact fees on tobacco, fuel and liquor that States that prices are raised and lowered at regular and Territories had little choice other than to intervals, sometimes irregular intervals. That cease collecting them. As a result of this puzzles them. I have sought explanations decision, States and Territories faced an from the major fuel companies and sent annual revenue shortfall in excess of $5 details of those explanations on to my billion—revenue needed by State constituents. We have virtually no control over Governments to finance vital services such as the matter, but we do have some control over roads, health, education and policing. the matter which is the subject of the Bill Given the size of this revenue loss, the before the House tonight. States and Territories had no alternative other Firstly, I wish to take the opportunity to than to ask the Commonwealth to use its tax inform the House of the background that has powers to collect revenue raised previously by necessitated the introduction of this legislation, the State and Territory business franchise fees 4152 Fuel Subsidy Bill 30 Oct 1997 on liquor, tobacco and petroleum. However, by purchasing fuel in Queensland and because the Commonwealth must abide by transporting it to other States for subsequent the Constitution, which requires sale and consumption. This exploitation of Commonwealth taxes to be applied uniformly these subsidy arrangements created problems across Australia, the increases in excise and for Queensland, for the other States and sales tax in some jurisdictions were higher Territories and for the vast majority of than the franchise fees that they replaced. complying fuel industry participants. Attempts This necessitated the development of subsidy to deal with the issue of cross-border trade arrangements for liquor, tobacco and fuel to within the subsidy arrangements encountered return any excess revenues and keep prices a number of administrative and legal down. difficulties. As honourable members can appreciate, Despite those difficulties, the Queensland this was especially important for the coalition Government's resolve never faltered, and Government. As members will recall, State and Territory Treasury and fuel industry successive coalition Governments established representatives continued to work tirelessly to Queensland's proud position as the low-tax develop workable subsidy arrangements. State. One should not underestimate the Finally, after detailed consideration of the magnitude of the task that was before the options open to Government, the Honourable Government and, indeed, all State and the Premier and the Honourable the Treasurer Territory Governments around Australia. A then met with the Prime Minister and the legal and administrative minefield was created Federal Treasurer to agree on a strategy to by the decision. However, the coalition allay the concerns of fuel industry participants, Government got on with the job and no effort the Queensland Government and, most was spared in negotiating arrangements with importantly, fuel consumers. industry that were both workable and capable of delivering real benefits to Queenslanders. On 13 October 1997, the Queensland Again, this Government passed the test of fuel subsidy scheme was born. The leadership and vision with flying colours on this contribution of the Commonwealth and the occasion. fuel industry in the development of this scheme cannot be understated. There was Subsidy arrangements were put in place real cooperation. Only two weeks later, we see for liquor that provided for the return of the introduction of a Bill into the House to give additional revenue over and above that which effect to the scheme, which will protect the would have been collected had the State interests of Queensland's fuel consumers. franchise fees remained in place. In respect of There is no more uncertainty, and no-one can tobacco products, agreement was reached criticise this Government; the job has been between the States and Territories and the done very efficiently. tobacco companies on arrangements that would minimise the effect on industry and Fuel is the common lifeblood in a State consumers. However, arrangements for fuel as large and diverse as Queensland, and this proved a little more difficult. Bill recognises that simple fact. Now, every Under the safety net arrangements with time a person fills up at the bowser or the States and Territories, the Commonwealth purchases fuel for their farm or business, they increased the excise duty on fuel products by will see the benefit of having a Government 8.1c per litre on the understanding that that does not quit when the going gets tough. subsidy payments would be made to fuel I pay tribute to the tireless work of the companies to avoid any increase in prices. Treasurer and her staff in particular in tackling This is especially important in Queensland, these complex issues and negotiating an where thanks to previous coalition agreement which is both workable and Governments no fuel tax had existed. reasonable. Extensive discussions took place over many I can clearly recall the warm response that weeks between the representatives of the greeted the Treasurer, Mrs Sheldon, earlier States and Territories and the fuel industry on this month when she attended the metro ways in which an effective and sustainable Cabinet meeting held at the Coorparoo RSL in subsidy arrangement for fuel could operate, the Greenslopes electorate and a reception yet it proved difficult to reach a final hosted by the hardworking member for agreement. Greenslopes, Ted Radke. That was really One reason for this was that it became good news, and the Treasurer was pleased to apparent that some would seek to profit from announce it. This is another example of this Queensland's generous subsidy arrangements Government getting on with the job. 30 Oct 1997 Fuel Subsidy Bill 4153

Ms SPENCE (Mount Gravatt) (8.40 p.m.): today. Of the 9,000 service stations in On this National Consumers Day it is quite Australia today, it is estimated that the number appropriate that we discuss the issue of petrol will drop to 6,000. The entry of Woolworths prices, an issue that concerns Queensland into the market has put pressure on service consumers more so than many others, and station operators and petroleum distributors in reflect on this Government's bungling over the regional and rural areas throughout Australia last two months in its negotiations with the and, indeed, in Queensland. Given that Federal Government to reach a deal to avert Woolworths' entry has been actively supported fuel price rises in this State in the long term. by the ACCC and Government, we believe What we have seen from this Government is that enactment of an access regime will allow two months of bungling in which retailers and distributors to compete on an Queenslanders have experienced the highest even playing field. That is all that small- petrol prices ever in this State. Queensland business people of the petroleum industry are consumers are aware that these unfortunate asking for. They are not asking for handouts or high petrol prices are a result of the inability of special treatment, they are merely asking for a this State Government to come to a competitive wholesale market that gives them successful deal with the Federal Government a chance to compete against the likes of over this issue. Woolworths. In terms of the public perception, the As I said, it is estimated that the number petrol industry is viewed with suspicion, if not of service stations that will remain in the outright hostility, by many consumers. City market will drop from 9,000 to 6,000. Some motorists cannot understand why petrol prices groups, such as the Service Station can fluctuate from day to day and week to Association, believe that this figure could be week. Those in regional and rural areas are even lower unless the regime of competitive angered by what they see as the inequitable price access is instituted. The impetus for an gap between city and metropolitan prices. But access regime is even more imperative if the honourable members should not take my word rumours that Shell and Coles will soon begin for it—and I can see that members opposite joint operation of petrol sites prove to be true. are a bit doubtful as to whether to believe me That will send even more small businesses in on this issue—let me quote from yesterday's rural and regional Australia to the wall. While it Courier-Mail in which the RACQ's Gary Fites is is certainly true that Woolworths has had a quoted as saying that local motorists are competitive impact in rural areas, Woolworths annoyed by the lack of rhyme or reason to is another large multinational and there is no petrol pricing and also dearer pump prices guarantee that, once it has secured its market outside the south-east corner of the State. share, it will act any differently from how the oil The article states— majors have in the past. " 'The public sensitivity to petrol For the pricing disparities between pricing is predicated by the fact it (fuel) is metropolitan and rural areas to be truly such an essential commodity ... addressed and for a real competitive 'No other product comes under such environment to exist, there needs to be a scrutiny. No other product's prices are regime of competitive price access to petrol advertised so widely up and down the terminals. We believe it is time that the road.' Federal Government addressed the core anti- But what motorists sought, he said, competitive problems that plague the were plausible explanations for people in petroleum industry. These will be best places such as Townsville and Cairns as addressed by enacting an access regime to why fuel prices there, with the same which requires the oil companies to negotiate maximum wholesale price as in Brisbane, on price, terms and conditions. A competitive wholesale market will allow service station were that much higher at the pumps. owners and distributors to compete more ... effectively against new entrants such as 'Yet there are apparent inequities Woolworths. Surely, as the industry is still and inconsistencies throughout the state. facing extensive rationalisation in the retail Why does petrol cost more in Roma than sector, being able to compete on a level Charleville?' " playing field is not too much to ask. In recent years the petroleum industry has The current system fosters an artificial undergone a process of rationalisation at all environment of price and profitability support levels. The number of petroleum distributors that leads to price fluctuations and consumer has fallen from 17,000 in 1980 to around 400 anger and hinders true competition. It is also 4154 Fuel Subsidy Bill 30 Oct 1997 time that Australians in rural and regional industry as a whole. We have yet to see that areas were able to gain from the benefits of a kind of commitment from the Government or competitive wholesale petrol market and the from this Treasurer. reduction in petrol prices that true competition Mr SPRINGBORG (Warwick) (8.48 p.m.): will bring. As the shadow Minister for consumer It is with a great deal of pleasure that I rise to affairs, I will continue to explore policy options participate in this debate because I believe that will deliver equitable, profitable and that this is a very significant piece of competitive outcomes for consumers, service legislation. It quarantines Queensland from station operators and distributors and the the very adverse effects which would have industry as a whole. flowed from any adoption of a fuel tax in this The Federal Government is reforming the State. One thing that I think has been a key petrol industry and tackling high prices by and has set Queensland ahead of the other moving down a path of deregulation. This States for a considerable number of years has model will merely increase the power and been the fact that we have been able to vertical control that the oil majors have over maintain our position as a low-tax State. Very the industry, especially at the retail level. The importantly, we have been able to quarantine Federal Government's approach to this State from any negative impact of a fuel deregulation does nothing to increase tax. competition where it is most needed—in the Speaking from the perspective of a rural wholesale market. It is the right of service member, I was most concerned when the High stations and distributors to obtain product at Court ruled, as it did recently, that a whole commercially negotiated prices, terms and range of excise taxes which were actually conditions. The retail sector is already highly levied by State Governments were, in fact, competitive. The Government's program for unconstitutional. As I speak to people in my deregulation will merely increase the power of electorate and in other places around the oil majors at the retail level. How this will Queensland it becomes clear that they find it a benefit consumers and address the disparity strange situation that the Australian States between country and city petrol prices has not have been able, for a number of decades, to been adequately explained by the levy tobacco excise, liquor licence fees and Government. fuel taxes, but with one stroke of the pen the Given that the existence of the maximum High Court was able to take that away. I endorsed wholesale price in no way prevents suppose that is the value of having a High the oil companies from lowering prices under Court. the current regime, to say its abolition will help However, I think it is a little bizarre that lower prices is a curious argument to say the something that had worked quite well over a least. It is a bit like the argument that the number of years was taken away in, basically, Attorney-General is currently using to support a few minutes. The reason why that happened his current legislation to abolish the and the matters leading up to that situation commissions on real estate agents' fees. were all very strange. From the perspective of Indeed, it would seem that the only one who a rural member of this House, any fuel tax believes that the Government's policies will levied on rural producers and people who live lead to lower prices is the Government itself. in the remote and rural areas of this State In December last year in a letter to the would have had a negative result. I am sure Federal Treasurer, the managing director of that the honourable member for Rockhampton BP, Mr McGimpsey, when referring to the and the honourable member for Fitzroy, Government's policy stated that it would not together with members on this side of the lead to lower prices. He went on to say that House who represent vast and sprawling rural there is a strong perception in the public's electorates, would appreciate that. We are the mind that there will be reductions in the price most decentralised State in Australia. The of petrol. He stated further that BP does not majority of our State's population live outside share this expectation and believes that that the major metropolitan area. raises false hopes. If BP cannot see the It was very important that we had this Government strategy producing lower prices particular tool in our armoury. That allowed us for consumers, one has to question the to make sure that we were able to foster and Government's blind faith in its deregulation keep that decentralisation. Farmers have regime. absolutely no capacity whatsoever to pass on The Labor Party wants to see policies put any fuel tax that might be levied in this State. in place that will benefit consumers, Farmers are price takers, not price makers. distributors, service station owners and the Down the track, the transport industry might 30 Oct 1997 Fuel Subsidy Bill 4155 have been able to pass it on to some Obviously, in any system which is a consumers, and ultimately prices would have subsidy scheme, somebody has to pay. It is a risen. I believe that farmers would have lot better that the agents, or the fuel suffered an absolute double whammy. As I go companies in the case of the franchises, pay it around my electorate, the farming community, because it is a lot easier to deal with 5 or 10 the business community and the general particular points than it is to deal with 5,000 or community are most appreciative of the steps 6,000 points. In this way, retailers are saved that have been taken by this State from any flow-on consequences to their Government to ensure that Queensland was businesses. It certainly saves the Government quarantined from the effects of any possible from having to go through the process of fuel tax. administratively rebating this tax to 5,000 or I would like to place on the parliamentary 6,000 businesses across the State. I still have record my appreciation of the efforts of the some uncertainty about this working, but I Premier and the Deputy Premier and believe that it will work because some very Treasurer in taking up the fight with the good people have spent a considerable Commonwealth on this matter. Tonight we amount of time on it. From what I understand have heard a lot of easy answers given by of it, it is High Court proof. members of the Opposition, but that is the As I said earlier, there was a great deal of nature of being in Opposition: one can put up concern about the impact this would have on the easy answers or say that one might have the primary industry sector. I understand that done something differently. This was always the president of the Queensland Graingrowers going to be a most complex issue. There were Association was reported as saying that a always going to be administrative issues and price rise of 8.1c per litre would have added administrative problems. There were always about $10,000 per year to the average going to be constitutional problems if this farming operation in Queensland. This is at a matter was not handled correctly. time when those people are on their knees There would have been nothing worse because of adverse climatic circumstances than the State rushing in in haste and and low commodity prices, plus suffering years legislating something that was later thrown out of high interest rates. I believe that this tax by the High Court. Undoubtedly we would would have been the death knell for a lot of have seen a situation in which the State would those people. This legislation has effectively have suffered the consequences of a fuel tax. quarantined those people from paying, on The way that the Premier and the Deputy average, an additional $10,000 per annum. Premier and Treasurer handled this issue The issue that has been touched on by ensured that we now have a scheme which will the Opposition and Government members in quarantine Queensland. this debate is the crying need for proper and Right from the outset of this issue I found consistent taxation reform right across it very difficult to understand the administrative Australia. This is something that has been arrangements. No doubt they were always talked about in this nation for many decades, going to be somewhat complex. We were and it is something that comes up every few dealing with a difficult issue. It was something months. But nothing really happens. I believe which had potential legal and constitutional that what has happened on this occasion has problems. It was absolutely vital that the made it important that we pursue this matter. matter was legislated correctly. We must attempt to give all the States and It was very important that we were able to Territories of Australia a guaranteed share of quarantine retailers from the impact of income tax revenue or other taxation revenue collecting this particular tax. Retailers would that may be raised. have had to collect the tax and then pay it out. It is very difficult to be able to frame a We are all aware that retail places are really Budget and provide services to the people in a small businesses which run business State that is as diverse as Queensland if we overdrafts. They might run a $50,000 or are unsure of what we are going to get from $100,000 overdraft. If an extra $5,000 or one year to the next. We talk to businesses $10,000 is added to that overdraft, it would about the need to budget properly and to have an extremely negative impact on know what is coming in and what is going out. retailers. The Motor Trades Association of It is passing strange that we have a situation Queensland recognised and applauded the in which the Government is not even sure from actions of this Government in being able to year to year about what it is going to receive. assist in ensuring that retailers did not feel the We have the difficulty of not knowing what we sharp end of this matter. are going to raise, but we still have to frame a 4156 Fuel Subsidy Bill 30 Oct 1997

Budget as far as outlays are concerned. I Mr Perrett: It's because of a better hope that the current discussion, which is member. obviously being conducted with a great deal more fervour than it has been in recent years Mr SCHWARTEN: The honourable because of the consequences of the High member for Fitzroy used to be the member for Court decision, will lead to some that area. That situation with fuel prices was comprehensive reform which gets us out of the case then, and it has been ever since I this malaise that we have been continually can remember. But I would not expect the falling into over a long period. honourable member for Barambah, the Primary Industries Minister, to understand the I do not really wish to speak any longer, local politics of Rockhampton. He goes there other than to say that the 8.1c per litre impost very infrequently and, when he does go there, which would have arisen as a consequence of he has no good news. He is widely the fuel tax levy would have added in excess condemned by people in the rural of $500m per annum to the costs of ordinary communities in that area for his lack of ability and average Queenslanders. Obviously that to stand up to his southern counterparts and was going to be quite untenable. for his great love of Pauline Hanson. Once again, I would like to congratulate The poor old fuel retailers—the servos—in the Premier and the Deputy Premier and Rockhampton get the blame for this Treasurer on the work they have done in predicament. It is not their fault. I know, from bringing a solution to this Parliament. I believe my own local garage owned by Viv Sigvart, that this legislation needs bipartisan support. I that at the moment he is buying super fuel for acknowledge that the Opposition has the right 69c a litre and selling it for 75.9c. In anybody's to raise its concerns, but the Government is language, that is hardly a great margin. They putting up a solution to this problem tonight. are doing it tough in Rockhampton. Of course, Obviously time is the thing that tells. the ACCC's answer to all of this is to allow Mr Hamill: Is this the final solution? supermarkets to come into the whole Mr SPRINGBORG: It is the best solution I argument in Rockhampton. That will mean have seen. As I said at the outset, this has that, basically, some 50-odd people will go to always been an extremely difficult issue the wall. The was elected because of the administrative and on a platform of looking after those family constitutional consequences. This businesses and small businesses, but they will Government has worked through this particular go broke. matter in an extremely meticulous and Elderly people sometimes find it forthright way to make sure that it can get this somewhat confusing to have to look after their legislation as right as it possibly can. When we own cars. For example, I know of one case in are entering a brave new world, only time will which one person put his petrol in the place tell. Based on what I have seen, I feel very where he should put his oil, and vice versa. It confident that this legislation is going to offer is quite tragic, really. I know that sounds funny, the solution which the people of Queensland but it is not actually meant to be funny. If need and require to ensure that we avoid supermarkets come into the game, the paying any fuel tax in this State. I commend standard of service will deteriorate. They will the Bill to the House. not be interested in providing bowser-type Mr SCHWARTEN (Rockhampton) service to customers. Indeed, we will see an (9 p.m.): Firstly, I want to thank the Treasurer, increase in people putting their petrol where on behalf of my electors, the good people of their oil should go. Rockhampton, for the extra burden that they have had to suffer in the past two months as Mr Hamill: Oh no! fuel prices have increased by at least 2c per Mr SCHWARTEN: I would think so. litre. As I speak, the bowsers are still pumping it out at 75.9c for super fuel and 73.9c for Mr Elliott: Do you have a bit of a problem unleaded fuel. Fuel pricing in Rockhampton with that occasionally? has been an issue for many, many years. Try Mr SCHWARTEN: No, but I know of as people might over the years, they have not people who have made that mistake. I would been able to solve the problem. Nobody has not like to elaborate. Someone on that ever been able to satisfactorily tell me why it is member's side of the House made that that one can go to Rosslyn Bay in the fundamental error, and I would not like to electorate of the member for Keppel and buy embarrass that person. fuel at anything up to 5c a litre cheaper than one can buy it in Rockhampton. Mr Lucas interjected. 30 Oct 1997 Fuel Subsidy Bill 4157

Mr SCHWARTEN: I do not know what the better off. For the people who live in the far- member is talking about. He ought to get flung parts of the State, a car is an absolute some help up the back there. Turning back to necessity rather than a luxury. There is no the serious side of the debate—— other option, because there is no public Mr Hamill: Why? transport. If we had cross-subsidisation, there would be a far more equitable result for all Mr SCHWARTEN: That is a good point, I concerned. suppose. The Treasurer is treated as a joke in the south, so we might as well turn the whole The other point that I would like to raise is blessed thing into a joke, really. the stranglehold that fuel companies have. I hark back to the ACCC and Professor Fels. What is very interesting about this whole Basically, nobody dares to criticise him. I issue is how the Treasurer told us that she was cannot understand why all the economists in going to hit the ground running, the this country pay homage to him over things Government had a contingency plan and it like this. Clearly, he has got it wrong when he was all going to be sweetness and light. The talks about introducing competition by allowing nickname around the State for Aunty Joan is supermarkets to sell fuel. All that will happen is "Jump Around Joan", because she has what happened in Canada and Japan. Once jumped around on this issue more than a those supermarket chains and the barefoot man in a fire. First of all she told us multinational companies get a stranglehold on some nonsense about the retailers having to that market, there is no competition; they pay for this. That did not work, of course. Then become an oligopoly or, in some cases, a there was that delightful pearl of wisdom. Do monopoly, and at the end of the day they members remember that one? She said, "We charge what they like. As a result of that, there will have to make some legislation." is no watchdog on the price. I do not Somebody reminded her that it might be a bit understand what they must be smoking in the unconstitutional, so she said, "Oh, well, we will ACCC or what drug they are on, but they have just hope that no-one would challenge it." Of ignored the international example of how course, the fuel companies or the grog some countries are going back to the companies would not challenge that. None of regulation of fuel prices. those multimillion-dollar companies would take her to the High Court. She must be a child of The other thing this does is create nature altogether to believe that. balance of trade problems, because those companies go out into the marketplace and The fact of the matter is that this solution buy cheap fuel from places such as Indonesia that the Treasurer is proposing might look because they have the buying power to do it, good on paper, but I do not believe that we and they bypass the mainstream fuel needed to go down this path. Nationally, a companies—not that I have any sympathy for solution could have been found. If they had a them, I have to say. bit more respect for her down south and did not treat her as such a joke, they probably As to the overall control of that industry, would have offered to help her out. But they history shows that some 40-odd years ago the probably thought she could paddle her own United States had to legislate to break that canoe up here and do the best she can. control in the United States. We are going back down that path. It will be a sad day when The member for Warwick spoke about companies such as Coles-Myers have control rural Queensland and how people in those of fuel in this State. I believe that they are not parts of the world are very much the victims far from it. I understand that currently they are because they do not have the volume of trying to negotiate their way into a service turnover of fuel, which is about the only saving station in Rockhampton. We have some grace in petrol prices. The only way to deal protection in Queensland, because the selling with fuel companies is to lower the prices. That of fuel involves certain statutory requirements. is the only sort of internal competition that It cannot be sold out of the back door of a applies. supermarket like it can in other States. I I draw a parallel with electricity prices. This understand—and Aunty Joan might like to is something that members opposite should comment on this—that the ACCC has made a bear in mind, particularly with their obsession reference to Queensland and advised with privatising things. If they ever privatised Queensland that it must change that law, the electricity industry, the guarantee of because it is uncompetitive. In other words, it equalisation of tariff costs would go out the will allow a company to sell fuel out of a tin window. If we had equalisation of fuel costs shack, and remove the regulation because it throughout the State, we would be much believes that it does not allow for competition. 4158 Fuel Subsidy Bill 30 Oct 1997

I think it is madness. I believe that the day that provide other States and Territories with the supermarkets get control of fuel in this sufficient revenue to offset the loss of their fuel State is the day that we will see small business franchise fees. Revenue that flowed businesses fall over one after another. Mum to Queensland from the Commonwealth and dad businesses that in some cases excise surcharge was returned to the industry people have been in for 30 and 40 years will to avoid any increase in prices. That, of go out the door, and the level of service, course, was in line with the commitment that particularly for our elderly, will go with them. At this Government had made to have no fuel the end of the day, we will pay more for our tax. Unfortunately, people from other States fuel. were taking advantage of our subsidised fuel I noticed that imbecile, the member for and coming across the border, purchasing fuel Capricornia, Mr Marek, stated that we will now that was subsidised in Queensland and then get cheaper fuel. He said that we need it now taking it back to other States where it was and that he does not worry about tomorrow. I resold at the excise surcharge inclusive price. think that it is a great tragedy when people Obviously, that situation was not one that take such a short-sighted view. He was wide in Queenslanders could accept. his criticism of me for standing up for the mum As everyone would be aware, very and dad businesses in Rockhampton—the extensive discussions and consultations were small businesses that no doubt supported his carried out among the Commonwealth and Government in the vain hope that it would do other States and Territory Governments, with something to help them. I do not want to the fuel companies, with distributors and with prolong the debate. I think it is regrettable that the ACCC to resolve an untenable situation. It this legislation has had to come before us two is as a result of those negotiations that the months down the track. It has caused a lot of interests of Queenslanders were mostly discomfort and unnecessary unease within the catered for. The Premier and the Treasurer community. It should have been fixed up well went into bat for the people of Queensland. and truly prior to this. I think the haphazard Unfortunately, when this crisis was being dealt pricing that has occurred in the past couple of with competently and swiftly by the Premier months can be sheeted home to the and the Treasurer of this State, who were Honourable the Treasurer sitting opposite, who working in conjunction with the Prime Minister is obviously hanging on every word I have to and the Federal Treasurer, the Labor say. Opposition took the opportunity to cause panic As I said earlier, I believe that nationally and fear in the community. They travelled up there was an alternative to this. As the and down the coast spouting mischievous and problem was created nationally, it could have unfounded rhetoric that did nothing but cause been solved nationally. As the shadow alarm, particularly in regional and rural areas. Minister has pointed out, we support the Bill. Mr Hegarty: It fuelled uncertainty. Ms WARWICK (Barron River) (9.13 p.m.): Ms WARWICK: It fuelled uncertainty. I rise to support this Bill and to offer my thanks and my congratulations to the Premier and the I was outraged when Deputy Opposition Treasurer for their negotiating skills and their Leader, Jim Elder, came to Cairns and made speedy resolution of what could have been a statements that did nothing to inspire any kind disastrous situation, a situation that was not of of confidence in the people of my area. I will our making. It had its genesis in the High quote from his media release dated 2 Court decision of 5 August 1997 when that October. It was titled "Far Nth Queensland will court found that the New South Wales pay dearly for 8c/Litre petrol price hike". The tobacco franchise fee was constitutionally media release stated— invalid. It then followed that similar business "Premier Rob Borbidge's failure to franchise fees in other States and Territories broker a deal with Prime Minister John would also be unconstitutional. Obviously, the Howard on tax reform will cost Far North States and Territories needed to restore Queenslanders dearly through higher certainty to their already inadequate own petrol and food prices, Deputy Opposition source revenue, and so the Commonwealth Leader Jim Elder warned today. was asked to impose a tax surcharge on fuel, liquor and tobacco. Mr Elder said the imminent 8 cents a litre petrol price hike in Queensland will The Commonwealth increased the excise add an extra $188 a year to fuel costs for duty on fuel products by 8.1c per litre. That every car owner. was to take effect from 6 August 1997. It was reasoned that this surcharge was enough to ... 30 Oct 1997 Fuel Subsidy Bill 4159

For an average family of four in Mr Healy: How many came in and Cairns, this will mean an extra $165.76 a supported Mr Elder, though? year for food and clothing and when you Ms WARWICK: Yes, it was interesting add in the extra $188 for fuel, you will be that when Mr Elder was speaking, he did have forking out more than $350 on top of your quite a sizeable support base. current bills." I understand that it is the role of the Mr Healy: He created fear in the Opposition to question actions or the lack community. thereof of Governments. However, I take Ms WARWICK: Exactly—he was creating offence when negative and misleading fear in my community. I was not impressed in information is put about purely and simply to the least. This kind of misleading and score cheap political brownie points, and at mischievous information did nothing for the the expense of my constituents. I have never economy of north Queensland. In fact it is doubted the ability of the Premier and the statements like that that are responsible for a Treasurer to resolve this issue, and I conveyed lack of confidence in the business community. that message to everyone I came in contact If the Opposition were so concerned, surely it with. It is very important legislation and I am could have adopted a bipartisan approach pleased to support it. and offered support to try to solve the issue, Mr HOLLIS (Redcliffe) (9.20 p.m.): I not just go around with petty and offensive decided to join in the debate on this Bill after scaremongering. reading the Treasurer's second-reading I will again quote from that media release speech. When I got to page 3, I thought, "This of which I spoke— cannot be true." The Treasurer stated— "Mr Elder said Premier Borbidge and "As Treasurer I can say we have Treasurer Sheldon must accept part of faced many difficult problems which were the blame for the looming petrol price not of our making. Problems which were hike. brought about by the previous Labor ... Government's incompetence, by changing commercial conditions, and by 'But there is so much bad blood High Court decisions." between Mr Borbidge and Prime Minister Howard that Mr Borbidge has proved Mr Hamill: The biggest problem she incapable of brokering a deal on tax faces is herself in the mirror every morning. reform with his Federal Coalition Mr HOLLIS: Exactly. The Treasurer stated colleagues to minimise the impact of further— these price increases on Queensland.' Mr "These include: Elder said." Labor's underlying Budget deficit; I have news for the Opposition. The Premier and the Treasurer of this State worked the $75 million health budget black harmoniously and constructively with the Prime hole. Minister and Federal Treasurer in order to ... ensure that Queenslanders do not have to tobacco franchise fees; pay a fuel tax. Both Mr Borbidge and Mrs Sheldon have paid tribute to the goodwill and liquor franchise fees; and genuine concern that was displayed by both the potential of an 8.1 cent fuel tax." the Prime Minister and the Federal Treasurer. Is that not an amazing statement to make? I was pleased to hear the Leader of the Already we have proved that the underlying Opposition state in his contribution to this Bill Budget deficit was a Liberal lie. Already we that he is supporting this legislation. He is have proved that the $75m Health budget calling it positive. It is a pity that he and other black hole was a Liberal lie. In relation to the members of the Opposition were not a little tobacco franchise fees, the average packet of more positive when they came to my part of cigarettes is now up 20% per packet. In Queensland and started creating fear in my relation to the liquor franchise fees, the community. I also think it is a pity that, when average cost of a carton beer or a bottle spirits the Leader of the Opposition was speaking has increased by $3. Now we have the here tonight, not one Opposition member sat potential of an 8.1c fuel tax. in the Chamber and listened to him. However, since the Government started Obviously, he does not have a great deal of playing around with this fuel tax, in my support. electorate of Redcliffe fuel has gone up by 6c 4160 Fuel Subsidy Bill 30 Oct 1997 or 7c per litre. So one has to wonder when the That letter indicates what is happening in Treasurer stated further— this State today. The State coalition is raising "We have tackled each and every taxes and raising charges. We see more of one of these issues, and solved each and that every day. We now have the awful every one of these difficult problems." situation of people who have fought wars for this country and then the next thing they know How has the Government solved them? By the Federal Government is taking their houses everything going up! In her second-reading away from them so that they will be able to speech, the Treasurer asked— enter a nursing home. That is the sort of thing "Will the Leader of the Opposition that is happening under this coalition now go 'up and down the State' extolling Government. the virtues of this Bill?" The pharmaceutical benefits have been Why would we be extolling the virtues of the reduced for our aged people. The Bill when so many people are paying so much Government has also gone further and extra for their petrol, their liquor and their stopped funding the very body that speaks for cigarettes? pensioners, the Pensioners Superannuants I also wanted to speak to this Bill so that I League. So pensioners no longer have a could read out a letter that the Treasurer might voice. be interested to hear. She not only now has a Yesterday, what we heard from the series of questions on her desk but also she Housing Minister was incredible. Each year, will have this letter. The letter states— the former Labor Government built units for "Dear Mr Hollis, pensioners. It gave them a decent place to Once again this government has live at a reasonable rent. Yet in answer to a gone back on its word, three weeks ago question that I asked of the Housing Minister, the Premier and the Treasurer flew to the Minister pointed out that in 18 months in Canberra and arrived back home stating Redcliffe just one unit of housing was built. that petrol prices would not rise here in That is a shameful example of the Queensland, like thousands of others, Government's disregard for the battlers, the including yourself, we failed to see it. pensioners and the other people who need support. In fact ever since they did arrive back it has had a rise of between 6c to 8c a That is why I thought that I would speak litre isn't that wonderful for everyone. to this Bill. There is no guarantee that the Something stinks here. Hence this provisions of this Bill will not fall over in the letter to you which I would like you next few months. We not only have a high-tax (besides asking the question yourself Government but also we have a Government when you sit next, which I believe is the that has absolutely no compassion for those following week) to be presented for the who need it the most. Premier to read, and hopefully we may Back in the late 1970s and the early get a straight forward answer. 1980s, I operated a small carrying business, Some one is telling big lies here and which used diesel. At that time, we had a if the oil companies, or the distributors, or conservative Government. During the term of the garages are fleecing the public they that Government the price of diesel, which is a should be told in no uncertain terms, and by-product of petrol and one third of the cost of course the last burning question is, has of petrol, equalled the price of petrol in this the Premier kept to his promise to State. Again, that increase hit the compensate the oil companies that is the battlers—the truckie and the people who burning question. needed to buy the products that the truckie transported because those goods became Can this government imagine the more expensive to carry. That was another hardship that this will mean for such impost that a coalition Government brought people as pensioners, the ordinary battler upon this State. etc, etc, I doubt it but something has to be done. It is not just the fact that petrol has risen already by 7c or 8c but that all costs will rise. I thank you for taking time to read my letter, and I sincerely hope like others that Once the price of petrol and other fuel such as you can bring this matter to a satisfactory diesel increases, the cost of living increases. I conclusion. think that, with this Bill, with the increase in petrol prices and with the lack of will of this Yours sincerely, Government to control prices in this State, we Mr and Mrs P. A Edgington." will see the end of zero growth in the CPI. 30 Oct 1997 Fuel Subsidy Bill 4161

When the Treasurer flits off to Canberra in electorates and if they really want to protect future, I ask that she ask the Federal their constituents who may be taken Government to be a little bit more advantage of by some of the service stations compassionate and to think a little bit more and the petrol companies, they can get the about the needy and the battlers. By the way price lists from the ACCC. Those lists show the the opinion polls are going for both the minimum and maximum prices that can be Federal Government and the State charged for petrol in any particular region. Government, neither of them will be there to They would then be able to tell their hit the battlers next year. constituents whether the prices being charged Mr HARPER (Mount Ommaney) were correct or whether they were over the (9.27 p.m.): I am very mindful of the top. Obviously, over the last few weeks some importance of petrol prices to the people in the of the petrol companies and stations, fuelled Mount Ommaney electorate and to the people by the Opposition, have taken advantage of of Queensland as a whole. I think that it is the situation and increased prices within the important to remember that, from day one of range set by the ACCC. Anybody who buys the High Court decision, the Premier and the petrol knows that the prices go up and down Deputy Premier have said that Queenslanders within that range, yet from what the members would not pay extra for their petrol owing to opposite say one would swear that the price that finding of the High Court. This Bill increases have all been due to increased demonstrates clearly the resolve of the taxes. As I said, not one cent of any price Premier and the Treasurer and the work that increase has been related to an increase in they have done to ensure that petrol prices do tax. That needs to be clearly stated to put an not rise. end to the misrepresentations made by those opposite. In contrast, for several weeks the ALP has been huffing and puffing about this Indeed, in the future it will be very matter. Its leader, deputy leader and others interesting to read some of the speeches that have been running up and down the State Opposition members have made today on this making dire predictions and scaring people. Bill, because that will well and truly put the We see that over and over from the attitude of the members opposite into the right Opposition. It does not care what it does to context. A couple of classic speeches have people. It is happy to scare them. been made. I am sure that the people of Queensland, especially the constituents of Mr Beanland: Part of their five-point plan those members, would be interested to read for a fuel tax. the speeches to see how the Opposition Mr HARPER: That is probably true. approaches this matter. It certainly does not Opposition members are quite happy to run show the mark of being ready for Government. up and down the State unnerving people, making them edgy and worrying them sick, The Leader of the Opposition and his simply to try to gain political advantage for deputy made certain claims about what themselves. However, the people realise what Queensland would lose should this legislation they are trying to do and it is just not working. be passed. I remind them that the The Opposition would be better off if it took a Commonwealth Government's safety net is in responsible attitude and joined in trying to place and that the Commonwealth solve the problem that has arisen. Government has said that no State will lose. From day one, the Premier and the Deputy Tonight, Opposition speakers have talked Premier have negotiated to ensure that about price rises. Obviously, some of them do Queensland does not lose out and that not understand how petrol prices are set at the Queenslanders do not pay any extra for their retail pump. Not one cent of the price rises fuel. Obviously that situation has been brought that have occurred over the last few weeks about due to their hard work and also the hard has been due to tax rises or to extra taxes work of Treasury and other department imposed on Queenslanders. Yet if one were to officials. They are to be commended for that. I listen to the members opposite, one would have observed and can testify to the hard swear that all rises in petrol prices have been work that has been done. Members opposite due to this Government. I repeat: not one cent have not been interested in doing any hard of the price increases has been due to tax work or in solving the problems. All that they increases. are interested in is scaremongering to try to Members opposite should remember that make themselves look like an alternative the ACCC sets the prices for petrol. If they are Government. In effect, they have done the really keen to know what is happening in their opposite. 4162 Fuel Subsidy Bill 30 Oct 1997

From the events of recent weeks and Motorists will not be affected by the from the Bill that is now before this House, it is administrative arrangements set out in the clear that the Borbidge/Sheldon Government scheme. They will continue to have access to has moved decisively to fend off the threat of subsidised fuel. There will be no other impact higher fuel prices in Queensland. As I have on ordinary motorists and, most importantly, said, the Premier and the Treasurer are to be no extra tax will be paid by those motorists. praised for that. People living in remote areas can be assured that there is no need for any increase in their Motorists, users of public transport, cost of living as the fuel component of farmers, businesses that use diesel to operate transport costs will remain unchanged. their machinery and people living in remote areas would have suffered as a result of the Considerable pains have been taken to High Court decision of last August. Motorists ensure that there are no cost increases in the would have been hit directly at the petrol fuel industry generally that might be used to pump. Bus and train fares would more than justify higher prices. This is another area to likely have risen. Businesses using diesel- which great attention was paid. To this end, powered machinery would have seen their the timing of the subsidy payments to the fuel costs spiral. The costs of transport to remote industry will be coordinated with the timing of areas would have risen, meaning higher prices the Commonwealth fuel excise payments. This for people living and working in the bush. will remove the prospect of some companies in the fuel industry being forced to pay the Of course, none of this would have come Commonwealth excise well in advance of as a surprise to our friends in the Opposition. receiving their Queensland Government They have been making dire predictions that subsidy. Queensland families would be exposed to a $400 increase in their cost of living. In fact, the The fuel subsidy scheme avoids this way they were talking, one would think that problem, further reinforcing the point that there they were hoping that it would happen, just for is no need for Queensland businesses and their own advantage. They have been telling individuals to pay more for their petrol. There us that the competitiveness of the are also provisions in the scheme to ensure Queensland industry is at risk. They are very compliance. Unfortunately, these measures good at raising problems, because they do it are necessary to ensure that Queensland all the time. However, the Borbidge/Sheldon retains its low-tax status and to ensure that Government comes up with the solutions and that status is not exploited by others to the gets on with the job for Queensland. detriment of Queensland and Queenslanders. Arrangements have been made with the New I turn now to some of the details of the South Wales Government for the fuel fuel subsidy scheme as it affects schemes of the two States to be coordinated Queenslanders. One of the great advantages to ensure the integrity of both schemes. of this scheme is that fuel retailers— In summary, the Queensland essentially, service station operators—can Government fuel subsidy scheme is fair, continue to purchase fuel from distributors at efficient and as straightforward as possible. It the subsidised price. This means that service is easy to see why the scheme has earned the station operators will not have to go through a unanimous support of the fuel industry. It is complicated process of claiming subsidies clearly worthy of support by all Queenslanders. from the Government and being out of pocket The Government is to be commended for while they are waiting for their subsidy to getting on with the job and for looking after the arrive. They simply need to quote their licence Queensland people by introducing this numbers to purchase as much subsidised fuel legislation. I strongly support this Bill, which will as they want. Because this Government cares look after all Queenslanders. about small business, it realised that that would be a problem. We care about those Mr BRISKEY (Cleveland) (9.37 p.m.): people. Government members amaze me. They try to put a spin on this issue to make it look like the The scheme is equally straightforward for Premier and the Treasurer have achieved off-road diesel users. All they have to do is something. What they have achieved is a quote their licence numbers to receive as monumental mess. There have been months much fuel as they require for their off-road of mishandling a situation that could have operations, all at the subsidised price. Other been resolved quite easily. Absolutely no purchasers of bulk quantities of fuel will also consultation took place with anybody over this be licensed to purchase subsidised fuel for issue. They just said, "Everything will be right. their operations in Queensland. We'll go out there and say that fuel prices will 30 Oct 1997 Fuel Subsidy Bill 4163 not go up", but they did not do anything to Mr BRISKEY: I thank the honourable stop them going up. member for that interjection. Mr Pearce interjected. Let us look at the costs of fuel across the State as reported in this week's Sunday Mail. Mr BRISKEY: Absolutely, and tonight we As we know, Warwick is about 160 kilometres are at the last-minute stage of bringing the Bill from Brisbane. The average price there was before the House. All that the Government did 66.2c per litre. In Toowoomba, which is only was create months of uncertainty for 130-odd kilometres away from Brisbane, they Queenslanders and the Queensland were paying 68.7c a litre. Up in Bowen, which economy. People did not know what was is almost 1,200 kilometres from Brisbane, they going to happen. They did not know whether were paying 72.6c a litre. In Townsville, which petrol prices would go up and by how much is almost 1,400 kilometres from Brisbane, they they would go up. The result of those petrol were paying 73.7c a litre. As we all know, price increases would have been disastrous for Longreach is about 1,200 kilometres from the whole economy of Queensland. As the Brisbane. They are paying 78.9c per litre honourable member for Fitzroy said, an there. effective mechanism could have been put in place early on in the piece. Indeed, it should What are they paying at Point Lookout on have been put in place months ago. This Bill is North Stradbroke Island, which is a 25-minute a two-minutes-to-midnight disaster. We will water taxi ride from Cleveland? They are accept it. We understand that it has to paying 81.3c per litre. Let us look at Mount happen, but it should have happened two Isa, which is almost 900 kilometres from the months ago. Government members got coast. Its fuel comes from Townsville. Do together with the industry representatives and members know what the average cost of fuel were forced into a backdown over this issue. It is in Mount Isa? They are paying less than shows that they are hopeless at running the people at Point Lookout are paying—78.4c a State of Queensland. The people of litre. That is an absolute disgrace! Queensland are seeing that. Government Let us look closer to home. Today in members are trying to put a spin on this and Wynnum they could buy petrol at 61.7c a are saying how wonderful it is, yet the people litre—just across the bay from North of Queensland see right through them. They Stradbroke Island. In Cleveland they were see that the Government has no idea how to paying 68.9c a litre. Honourable members run the State. should compare these prices with those on The Treasurer made a promise early on North Stradbroke Island. The honourable that Queenslanders will not have to pay any member mentioned transport costs. Of course, extra for fuel. We have already heard from transport costs are a factor in respect of North members on this side of the House that Stradbroke Island. Let us have a look at that. straight after that promise was made people Stradbroke Ferries transports fuel to North did pay extra for fuel. I will cite the example of Stradbroke Island. It charges $15 per metre what happened on North Stradbroke Island. I for transporting trucks and so on. Fuel tankers was contacted immediately after the are 17 metres long. That means it costs the Treasurer's promise on fuel was made. On transporter of the fuel $255 to get over there. North Stradbroke Island, the fuel price went up Each petrol tanker holds about 40,000 litres. by 2.3c a litre. That means the cost to transport fuel to North Stradbroke Island is 0.64c per litre—not even Mr Lucas: It's a disgrace. 1c per litre. Mr BRISKEY: Yes, it is a disgrace. Today If we add that transport cost to the price on North Stradbroke Island my constituents of fuel at Cleveland, fuel on North Stradbroke are paying 78.4c per litre at the grocery store Island would cost 69.5c a litre. If we add that at Point Lookout, 79.1c a litre at the general 0.64c per litre onto the cost of the price of fuel store at Amity Point, and 80.3c a litre at the in Wynnum, it would be 62.3c a litre. But my BP at Dunwich. At the BP at Point Lookout constituents on North Stradbroke Island are they are paying 81.3c a litre. That is paying between 78.4c a litre and 81.3c a litre. outrageous and it should not be happening. There are two petrol stations on North Mr Hegarty: Transportation costs. Stradbroke Island which bear the BP emblem, but they do not receive price support from the Mr BRISKEY: I will come to that in a BP oil company. On the mainland, the minute. companies support their stations through price Mr Lucas: You're well known as a fighter support when the petrol pump price is forced for your electorate; you fight for the islands. down because of competition between petrol 4164 Fuel Subsidy Bill 30 Oct 1997 stations in a particular area. There is no Queenslanders, allowing, of course, for the competition on North Stradbroke Island. cost of transportation. Therefore, my constituents are forced to pay Mrs CUNNINGHAM (Gladstone) up to 81.3c per litre. Why should they have to (9.48 p.m.): Similar to the constituents of the pay more than the regular cost of fuel plus the member for Cleveland, my constituents pay transport costs of 0.64c per litre—less than 1c too much fuel. I know that most of the people per litre? Indeed, why should they pay any who live in the Gladstone/Calliope area are more than Wynnum residents pay plus the very frustrated by that. Unfortunately, I think it cost of transport to the island? has little to do with the State Government. My The present wholesale price of fuel is investigations found that the price we pay in 66.7c per litre. This is the price that oil our area does not attract the 5% highway companies charge their outlets before they rebate that the fuel companies give some of provide price support for them. Petrol is the fuel outlets on the highway. That is a supplied to North Stradbroke Island by a continuing problem for us. People can drive 20 distributor. However, that distributor does not minutes north of Gladstone and buy fuel that pay the wholesale price. The distributor gets is 3c to 4c a litre cheaper. If people drive 20 fuel from the oil company at a cheaper rate kilometres to 40 kilometres south, they can than the wholesale rate of 66.7c per litre. Even buy fuel that is 3c to 4c a litre cheaper. We do if the distributor paid the going wholesale price not have a State excise. It has little to do with of 66.7c per litre and then added the transport the Federal excise; it has everything to do with costs of 0.64c per litre to get the fuel to the the companies manipulating the availability of island, the cost of fuel landed on the island this rebate and company competition. would be 67.3c per litre. My constituents on It is wrong that country Queenslanders, the island pay too much for fuel. They tell me such as folk in my electorate, suffer. They they are being ripped off, and I agree with travel from Gladstone to Brisbane and find them. that the price of fuel is in the mid sixties—and This Government and its Federal sometimes the low sixties—and they are colleagues should ensure that all paying 72c a litre in Gladstone. Fortunately, as Queenslanders do not pay any more than some of the speakers have said, we have not they should. Before they got into Government, been subjected to huge fuel price fluctuations members opposite promised that theirs would as a result of the threat of the increase in fuel be a Government for all Queenslanders. What prices. Some distributors who contacted my about North Stradbroke Island residents? They office were concerned about the possible 8c are Queenslanders. The Government has per litre increase in price because of the High forgotten about them. It has done nothing. It Court's decision and the Federal promised to look after all Queenslanders, but Government's reaction to it. what is it doing about the petrol prices they are I want to take a minute or two to pass on having to pay? My constituents and I want to my appreciation to the Minister. Whilst I was know why they are paying up to 81.3c per litre. not given in-depth briefings in the sense of a I want to know what this State Government is day-by-day, blow-by-blow account on what was going to do—this State Government that said happening, I do know that a couple of months it was there for all Queenslanders. I want to of work—a great deal of work—was done to try know what its Federal Government colleagues to avoid price increases for Queensland. Ours will do also—other than to take people's was the only State that did not have a State homes when they have to pay for their entry fuel tax and, therefore, what could have been into nursing homes. a position of strength was quickly eroded to a Mr Lucas: Shame! position of weakness in which the rest of the States of Australia could quickly coerce the Mr BRISKEY: That is absolutely right; that Federal Government on the basis of votes and is a shameful thing to be doing to our elderly reaction to ensure that, if any State was left population. out in the cold, it would be Queensland. The fuel prices that they have to pay on I thank the Minister for her officers' North Stradbroke Island are grossly unfair, and briefings. I have had three or four briefings on it must stop. I call on this State Government the status quo. I do believe that her officers and the Federal coalition Government to worked very hard to try to find an alternative. A investigate the price of fuel on North number of times they had what they believed Stradbroke island and ensure that a fair price was a solution. One which I thought was is charged so that my constituents are not excellent was found to be unable to be paying more for petrol than other substantiated as far as the Commonwealth 30 Oct 1997 Fuel Subsidy Bill 4165 law was concerned. I want to pass on my Secondly, it became clear from the survey thanks to the Minister as well as my support that operators are taking advantage of their for the Bill. Whilst one niche in the market is increased trade at weekends by raising prices going to have additional paperwork, the end accordingly. It was not uncommon for the price winners will be the mums and dads, as of both leaded and unleaded petrol to jump by previous speakers have said, who consume 2c or 3c a litre between Wednesday and fuel carrying the kids to school, going Sunday and then fall again by the same shopping and visiting their families. They do amount. This is an issue which is of great not deserve an 8c per litre bowser increase concern to consumers. But it is not only because of a High Court decision. I would like consumers who suffer; it is the small-business to pass on the appreciation of my electorate people who often operate service stations and for the avoidance of that. who are often squeezed and forced into working many hours a day for ever-decreasing Mr LUCAS (Lytton) (9.51 p.m.): The issue margins. The real point is that, in the interests of petrol prices is dear to the hearts and of all Australians, the petrol industry needs wallets of many Queenslanders. Whilst attention from the top to the bottom. I table Queensland does not have a State fuel tax, the petrol watch in Wynnum/Manly for the we recently saw a situation in which a number period February to May this year. of petrol stations took advantage of the confusion over the High Court excise tax ruling In the wake of such evidence, motorists to jack up the price of petrol at the bowser. As are entitled to ask some hard questions about a Labor member of Parliament, petrol prices petrol pricing. Indeed, the issue of petrol are of particular concern to me because they pricing has been a hot potato for Federal represent a very high proportion of Governments in recent years with any number expenditure for people on fixed and lower of inquiries and calls for further inquiries into incomes. pricing practices. Last year, the Howard Federal Government agreed with the It does not matter if one is the wealthiest Australian Competition and Consumer person in Manly living on the hill or one is the Commission's recommendations that most modest battler in a housing commission petroleum products be removed from price unit at Wynnum West, one still has to drive the surveillance in 1997 subject to pro-competitive same distance to the city and one still uses developments in the market. The Government the same amount of petrol. However, in that also has agreed with the ACCC example, the two incomes are massively recommendations to remove the Petroleum different. So the impact of the petrol prices on Retailing Marketing Sites Act and the the little people—the battlers, the pensioners Petroleum Retail Marketing Franchise Act and families—is much greater than it is on once agreement is reached on the those who are more wealthy. I think it is very strengthened legislated oil code of conduct. important that we ensure that we focus on a Negotiations on these matters have been system which makes petrol as cheap as ongoing between the Federal Howard possible for those whom we seek to represent, Liberal/National Government and oil operators. that is, the ordinary Queenslanders—the I understand from the ACCC that a Federal mums and dads, the pensioners and battlers. Government announcement on new We have also heard and seen instances arrangements is imminent. I am sure that in which service stations in rural and regional Queensland motorists will await this areas have taken advantage of their isolation announcement and its subsequent impact on and lack of competition to charge exorbitant petrol prices with interest. prices. Earlier this year a local constituent The Federal Government states that compiled a survey of retail petrol prices in my promoting competition and removing undue electorate. She compared the prices charged regulation and publicity is the best way to by four service stations over a period of achieve lower petrol prices at the bowser. I several weeks. Two facts became immediately would suggest that competition relies on two clear. Firstly, I was struck by the extraordinary factors. One is having the information in the coincidence that each petrol station charged hands of the consumers; they must have exactly or almost exactly the same price for knowledge about what prices are and their fuel on any given day. When prices did vary, it movements in different areas. The other factor was usually a case of just one operator is the very important principle of non-collusion. charging 0.4c per litre less than its opposition. Honourable members have only to look at On many occasions, the price charged by all situations such as home loans and bank fees four stations was exactly the same. So much to see what happens in relation to collusion. for competition! Even though the banks advertise the 4166 Fuel Subsidy Bill 30 Oct 1997 packages that they offer, there is no real It is important to remember that the High opportunity for people to compare one with Court challenge which led to the decision another. How could this callous Howard Liberal which invalidated business franchise fees Federal Government—the one that slugged related to the New South Wales tobacco pensioners $80,000 to go into a nursing legislation and not to any Queensland home—sit on its hands in relation to petrol legislation. It was, therefore, not possible to prices? How can it possibly say that less know before the court's decision was given information is better than more? In this whether any legislation other than the New modern day of the Internet and computer South Wales tobacco legislation would be technology, we need a regime in which there affected. is more scrutiny of prices, prices are publicised Regardless, Queensland and the other more and the consumers have a chance to States had developed a strategy to ensure see what a fair deal is and is not. that State revenues were protected in the But it is not enough for the Liberals and event of an adverse decision. The Nationals on petrol. Who could forget their Commonwealth's very quick announcement aborted attempt to slug oil with their so-called on 6 August of its introduction of safety net environment levy to raise $8m a year that and windfall gains tax legislation to not only went by the wayside? Petrol is very important protect future revenues but to ensure that past to the people of my electorate. They are revenues were not lost through refunds to battlers; they are ordinary people, and petrol licensees, highlights the substantial work which consumes a large proportion of their income. had been done before the decision was This is also important because in my handed down. electorate is a very major employer in the oil The Government also moved very quickly industry. Ampol is situated in the electorate of to implement interim subsidy arrangements to Lytton and employs many local people. I do ensure that fuel prices did not rise while a not say that Ampol is perfect, but it is a pretty longer term solution was being developed in good corporate citizen in the local area and it consultation with industry. These interim does take its local role seriously. It has a pretty arrangements have been successful in good environmental record but, of course, that keeping prices down, and will remain in place is something that we all must continually work until the schemes provided for in this Bill come on to improve. into effect. I would encourage consumers throughout If we had adopted the approach which Queensland and in my electorate to keep a the Opposition seems to be suggesting we sharp eye on fuel prices. I can assure the should have, we would have drafted legislation people of my electorate that petrol prices will before fully understanding all the issues which continue to stay under scrutiny. I look forward needed to be addressed. The Government to tabling in the House in the future more was not prepared to take such risks. Instead, petrol price watch lists in the Wynnum Manly we undertook a detailed consultation process area so that we can ensure that people are with industry to understand their issues and to kept honest for the benefit of the battlers and enable us to develop a scheme which the little people. minimised any costs to industry while also Hon. J. M. SHELDON (Caloundra— addressing the financial risks to Queensland Deputy Premier, Treasurer and Minister for and the concerns of the fuel industry. This The Arts) (9.58 p.m.), in reply: Let me start by detailed consultation could not occur before acknowledging the Opposition's support for the High Court decision. As I am sure the this Bill, tardy though it is, but I do thank them Opposition would appreciate, industry is not for it. This Bill will ensure for the first time that interested in developing solutions to issues the people of Queensland do not have a fuel before it is clear that there is in fact an issue. tax. I must say, though, that I am totally Meaningful consultation and problem bewildered by the Opposition's criticism that resolution can only begin once the problem the Government has been slow to react to the has been identified and is clear, and that is High Court's decision. As I am sure the exactly what the Government did. Opposition would recall from its own I would say to the member for Ipswich experience in 1993 when the Capital and the member for Brisbane Central: give Duplicators case was being considered by the credit where credit is due. The Government High Court, it is impossible to pre-empt any went from a standing start a little over two decision of the High Court or to have in place months ago—a time when we had no a detailed legislative response to a decision knowledge of the fuel industry because we did before the decision itself is known. not have a fuel tax—to now having before the 30 Oct 1997 Fuel Subsidy Bill 4167

House robust and complete legislation which is compliance with the Act. We will not tolerate being used as a model by other profiteering. I would encourage anyone who States—States which, unlike Queensland, has knowledge of such unscrupulous activity have years of experience with fuel taxes and to immediately notify the Office of State the fuel industry. In fact, New South Wales Revenue so that the matter can be has already publicly announced to the fuel addressed. I guess that after tonight's industry that it will adopt a similar scheme. speeches from members of the Opposition the In getting to this position, the Office of State Revenue will be very busy. Government recognised the need to have the In conclusion, this Government has support of the Federal Government, and we moved decisively to protect Queensland's gained that. The Government also recognised position as the low-tax State and ensure that the need to have industry support and, again we have a positive solution to the problem contrary to the member for Capalaba's views, presented to us by the High Court so that has that. In fact, I released a joint Queenslanders do not pay any more for their communique with members of the fuel petrol. The Opposition has recognised that by industry on 16 October in which they its support of the Bill. announced their unanimous support for the I would like to thank all members for their Queensland fuel subsidy scheme. Their view clearly is that it provides a workable solution to contributions tonight. Some contributions were the problem of ensuring that there are no fuel very valuable—particularly those from this side price increases in Queensland. of the House. It is a great pity that those on the other side of the House tried to take cheap The Motor Traders Association of political shots through the wording of their Queensland publicly stated that— support. "Everybody concerned with I would like to place on record my producing the scheme should be appreciation of my Treasury Department and congratulated and the public should be staff. They have worked tirelessly on this issue. thankful to the Government for ensuring They have worked day and night. They have that petrol prices do not increase." given of their own time. We should be thankful That clearly is strong evidence that the to them for their expertise, for their dedication, scheme has delivered in the way which the and for the results that they have Government always said it would—by ensuring accomplished. These words are further that all necessary steps are taken to put in emphasised by the fact that other States are place a scheme which not only works to going to support the legislation we are putting protect all Queenslanders but which the in place. That is a clear tick for what has industry can work with. occurred in this State because, as I said, we The member for Ipswich has sought an have never had a fuel tax. We started from a assurance that the Government will be vigilant base where we did not have this information. in ensuring that there is no profiteering under We did not have the experience that other the scheme. I am happy to provide that States have had; yet our Queensland assurance. The legislation clearly makes it an Treasury has put forward the position paper offence for any fuel seller to recover any part that not only was accepted by the of the Commonwealth excise surcharge from Commonwealth Government and by the fuel eligible purchasers. I ask all members in the industry in total, but also is now being House who have been complaining about supported by other States. I would like to petrol price increases to listen to this. As support those officers. I would also like to members looking after constituents it is their thank the officers of the Parliamentary responsibility to see that this is followed. Counsel for the long hours and hard work they Members should report any breaches to us have devoted to the preparation of this Bill in a and we will see that it is stopped by the fuel very short time. industry. Motion agreed to. I would like to repeat that the legislation clearly makes it an offence for any fuel seller to recover any part of the Commonwealth Committee excise surcharge from eligible purchasers. Clauses 1 to 20, as read, agreed to. Coupled with this, the Office of State Schedules 1 to 3, as read, agreed to. Revenue, which will administer this legislation, has established a compliance unit and is now Preamble, as read, agreed to. developing a detailed strategy to monitor Bill reported, without amendment. 4168 Transport Legislation Amendment Bill 30 Oct 1997

Third Reading commissioner level—which have culminated in Bill, on motion of Mrs Sheldon, by leave, the recent Operation Safe Suburbs, which was read a third time. very effective in dealing with people who were misbehaving on and around railway stations. The problem is that we cannot have TRANSPORT LEGISLATION AMENDMENT police on a train station for 24 hours a day. BILL After the operation ceases, we need some Second Reading ongoing protection. This is where railway Resumed from 8 October (see p. 3697). surveillance cameras come in very useful. Those stations that have surveillance Mr LUCAS (Lytton) (10.09 p.m.): There cameras—and that is all stations with the are a number of issues that I want to raise in exception of Lota and Lindum—are connected the House this evening in relation to transport to Queensland Rail facilities in town where which are very important in my electorate, and they can be monitored. Recently, I was also some transport issues that are important speaking with someone from Queensland Rail in a wider context. I am very glad that the who told me that each time they dial up a Transport Minister is here tonight, because it is particular camera on a train station it costs very important that he listens to the very them the equivalent of an STD call. Surely, in important and urgent concerns of the people these modern days, there is some facility or of my electorate, particularly those who use some capability for modern technology to trains. allow instant and inexpensive flicking to and One of the greatest concerns that I have from cameras on various stations. come across as a relatively new member of The police are faced with this situation: Parliament—and people are talking to me there might be some louts who muck up on about it all the time—is the behaviour of some one train station. The police arrive and tell people on and around railway stations. It is them to move on. They hop on a train and go very important to remember that railway two stations down the track, and then muck up stations are used predominantly by people again. That is very unfortunate, because it just who are not of high-income backgrounds. transfers the problem to somewhere else. So People from higher incomes can generally we need a situation in which the police are afford to drive cars or catch taxis, but aware of what is happening, so that they can someone on a fixed income or someone of take action in the best interests of the suburb. fairly modest means is left in a position of Mr Grice interjected. having to rely on public transport. Mr LUCAS: It is interesting that the The electorate of Lytton is very well member speaks about police. Last year, the served by public transport. Indeed, there are Wynnum police district had the worst police to six railway stations in the electorate, and they population ratio of any district in Queensland, are pretty centrally located for most people. and Queensland has the worst police to Once upon a time, the line went to Cleveland, population ratio of any State in Australia. So then it came back to Lota, and now it is back when members talk about police numbers, I to Cleveland again. One of the real concerns am more than happy to talk about police that people have is using the trains at night. numbers, because the decent hardworking Public transport safety is really a function of folk of my electorate get ripped off by this numbers. When people who use public Government because they have the cheek to transport get scared of using that public vote Labor. This time last year, they were transport, they do not turn up to use it. Then given the opportunity to decide who they other members of the community see fewer wanted, and they voted resoundingly for Labor people there, so they do not want to use it, because they have had a gutful of being either. This has an effect on revenue, and we treated as second-class citizens. end up with a situation in which the railway stations become ghost towns. Honourable members interjected. I have taken a great interest in security Mr DEPUTY SPEAKER (Mr J. N. Goss): issues at train stations in my electorate. This Order! Let us have a little calm. I know that the has involved not only discussions with member is trying to keep everybody awake. Queensland Rail and lengthy representations The member for Lytton will continue. that I have made to the Minister over various Mr LUCAS: In relation to police numbers, issues, but it also has involved lengthy the people in my electorate ask only for the discussions that I have had with local same as people in other parts of Queensland police—and, indeed, up to assistant are given. The member raised the issue of 30 Oct 1997 Transport Legislation Amendment Bill 4169 police, but I have discussed this on other problem being that a person might be an occasions, so I will get back to the issue of interstate truck driver or someone who has just transport. moved to Queensland and they have not yet Recently, I had a very productive meeting changed over their licence. That person is with police and Queensland Rail officials, who faced with a technical situation that has do the best they can with limited finances. I nothing to do with the merits of the particular certainly do not blame the police or case. I am more than happy for a magistrate Queensland Rail. The Government has to to determine this issue. It is very important that make these funds available to them. The only responsible, fit and proper people are Wynnum Police Station, being a 24-hour given a work licence. But because of a police station, has a watch-house, surveillance technical reason some people are denied work cameras and a big bank of television screens licences. where they are monitored. It occurred to me: I am aware that the Minister knows a lot why would it not be possible to have a about the transport industry. He has a great situation in place whereby vision from deal of concern for truckies. They are the sorts Queensland Rail stations is able to be of people who are affected the most. When I examined by police officers, so that when they was in practice, I would often have to say to get a call at the local station they can have a people, "Look, I am very sorry, but the quick look to see what is happening, and situation is that, due to this technicality, we when they move people on they can have a cannot assist you." The problem with that is quick look to see what is happening? I am that it not only penalises the worker involved; sure that it would not involve a great expense sometimes they have huge amounts of in this day of Internet technology and sending money tied up in loans for their rigs or their taxi pictures via landline. This is something that the licences, and they are faced with a situation in Minister should very seriously investigate. which they and their families become destitute. I do not tolerate misbehaviour by louts who take away the rights of people to use I do not condone drink-driving, and I public transport, and the rights of people to go never have. I believe that we should take a where they want to go in safety. It is very very tough stand on it. But if we are going to unfortunate that the people who are most have work licence application provisions in our affected by this fear of louts and misbehaviour law, then we should make sure that those are the elderly and women, some of whom are technical impediments, which I acknowledge virtually forced to be prisoners in their own have been around for quite a while, are homes. We should not, as a Parliament, considered. I ask the Minister to have a look at tolerate that. We should give the police every that issue in the future. power possible to deal with that issue by way Hon. V. P. LESTER (Keppel) of surveillance equipment and information so (10.18 p.m.): Public transport is an issue on that they can move on those people who are which each and every one of us must place going to take away the rights of others to use greater emphasis. The harder we try to get public transport in peace. people to use public transport, and the more I turn now to the issue of work licence we are successful, then the more room there applications. I note that the Bill contains some is on our roads for those people who really discussion about section 28 of the Traffic Act. I have to use them. was told a number of years ago that other Firstly, I wish to mention the Yeppoon- States do not have work licence applications Rockhampton railway line. In the past, there similar to ours. But recently, John Singleton, have been unsuccessful attempts to close that who was caught speeding at an incredible line, and I do not want that situation to arise speed, was able to get his licence back. That again. So it is up to the community to do seems to be a little unfair when a lot of other whatever it can to ensure that that line is used. battlers cannot do that. The very important Pineapple growers use the line. As well, a deal thing about work licences is that they are fair has been struck with the cannery at Northgate and people have access to them. This is not whereby it uses the rail to transport its an ideological issue, but it relates to the terms products. and conditions under which those licences can It disturbs me very greatly, however, that, be issued. within the forestry industry, the companies A number of years ago an amendment involved in shifting logs have chosen not to was made to the law that removed the ability use the railway. I make an appeal tonight to of people who have licences in other States to see if there is not some way in which those get work licences. That is very unfortunate, the logs can be loaded just outside Yeppoon to 4170 Transport Legislation Amendment Bill 30 Oct 1997 the south and transported by rail to the main area. Those plans are being finalised in talks line and then to wherever they have to go. I between the Minister and me. say that very sincerely, because I do not like to An emphasis must be given to public see great trucks loaded with logs going up and transport. I ride on the bus quite a bit. I do that down the highway when I believe that could to try to provide a bit of an example. It is all be avoided. The reasons the railway very well for me to talk about people using department give me for not doing it is that it public transport, but if I do not ride on the would cost quite a bit of money to upgrade the coach occasionally, I can hardly expect line. I have to point out the argument that, anybody else to do so. It is surprising how one because roads get knocked around, it costs a can work one's schedules. If one works around good deal of money to upgrade the roads as the timetable of the coach or the bus, one can well. I make that little appeal here today. normally fit things in. One cannot do it all the I also make the point very clearly that the time, but at least some of the time it does Yeppoon Railway Station will remain open, in work out particularly well. spite of the carryings on of some people who Hon. J. P. ELDER (Capalaba—Deputy would like to see it shut some six months Leader of the Opposition) (10.23 p.m.): This before an election. It will not be shut six Bill covers a wide range of topics across months before an election, six months after an numerous pieces of legislation. election or ever. I make that particularly clear. Mr GRICE: I rise to a point of order. The The roads between Rockhampton and lead speaker for the Opposition spoke for 15 Emu Park have received an enormous minutes. As I understand the Standing Orders, amount of work. The whole road has been following speakers have 20 minutes. widened, which is very, very good. We have another passing lane, the timing of which the Mr DEPUTY SPEAKER (Mr J. N. Goss): Minister has brought forward considerably. I Order! There is no point of order. thank him for that. It is needed to enable Mr ELDER: Is the member right now, or people to commute between Rockhampton would he like to go out and continue in the and the Capricorn Coast. I understand that bar? currently the Capricorn Coast has the second This Bill covers a wide range of topics fastest growth rate of any shire in Queensland. across numerous pieces of legislation That is a pretty good effort, but it means a administered by the Department of Transport. heck of a lot of traffic on the road. We have to Many of the amendments are merely routine continue those improvements. I will not give changes to tidy up ambiguities in existing up until such time as that road is made a four- legislation and to ensure the legislation lane highway, which was started in the term of remains current. Generally there are no the National Party Government. Where it is problems with the approach of amending four lanes, it is very successful. The Labor many Acts administered by one department in Government halted that project. Since then, one large omnibus Bill. Because of the we have had a bit of trouble cranking it up. massive and overdue visionary changes in However, the passing lanes will be very good. Transport legislation that occurred under the It is not usual to mention a public previous Labor Government, it is inevitable servant's name in Parliament; however, Terry that there will continue to be minor changes to Hill, the General Manager of the Department correct anomalies and errors and to generally of Main Roads in Rockhampton, deserves a tidy up that legislation. The changes under mention. I understand that he is giving a great Labor were necessary to rescue an antiquated service to all members in assisting them to get and floundering organisation that was on the little jobs done. There have been a few niggly verge of becoming totally irrelevant in our little jobs that I have needed; I have asked modern society. him and they have been done. Some of his Many changes were made. They could predecessors would have done well to have never have happened under the moribund taken note of that gentleman's great efforts. policy vacuum that existed under the previous He was onto the job very quickly. I know that coalition administrations. No-one has ever tried he is applying that effort across-the-board to to claim that the changes were perfect, but no- all members of Parliament, irrespective of their one has ever been able to seriously argue that party. To Terry and all his staff—well done! many of the changes were anything other The new tilt train is coming to than absolutely necessary. However, there are Rockhampton. Everybody is getting very a number of substantive policy issues excited about that. I have some plans for that addressed or at least touched upon by this train when it gets to the central Queensland legislation that deserve detailed scrutiny and 30 Oct 1997 Transport Legislation Amendment Bill 4171 comment. In some cases the opportunity now While on the subject of the ban on wheel exists for substantive policy change to be clamping, I refer to the most recent report of effected by regulation. That is not always a the Scrutiny of Legislation Committee desirable means of changing policy and is concerning this legislation and, in particular, to certainly something that deserves thorough the concerns they have expressed about the examination. Labor will not be opposing this possible implications of clause 36. I ask the Bill, but I am taking the opportunity to examine Minister to clarify in his reply whether or not the issues raised in the Bill to highlight some clause 36, which amends section 72 of the of the issues that are not properly addressed Traffic Act, would prevent the recovery of in the legislation. money for services provided by a wheel The legislation purports to ban wheel clamping operator before the commencement clamping and introduce an improved parking of the section. Further, I ask to Minister to management regime for privately owned clarify whether or not the proposed section 72 property by creating a right to pursue would require the repayment of money offenders who park illegally on private received by a wheel clamping operator after property. There should be no doubt that those the commencement of this section for services on this side of the House support the already provided. I would appreciate it if the Government's move towards the banning of Minister could cover those issues in his reply, wheel clamping and hope that these as would, I suppose, the members of the provisions will be effective. The Minister has Scrutiny of Legislation Committee. assured us that his moves to allow local The transport of dangerous goods in authorities to regulate parking on private Queensland is already largely covered by property through tripartite agreements with the existing Transport legislation, that is, the land-holder and a security firm if so desired will Carriage of Dangerous Goods by Road Act work. Although illegal parking on private 1991. That is another good example of the property is not an overly widespread problem, progressive legislation enacted by us while we it is a problem for some land-holders. Under were in Government in the Transport this legislation, the only land-holders that will Department under the stewardship of my receive relief are those in local authority areas colleague the member for Ipswich. The where the local authority is actually willing to National Road Transport Commission take action. I am advised that the majority of essentially started with the Queensland Act local authorities simply do not want to be and worked from there in the development of involved and do not believe that they have a national legislation. In other words, problem in their area. Unless one has a Queensland was and has been a leader in this property in a small number of predominantly area for some time. What we are seeing in this south-east Queensland local authority areas, instance is the National Road Transport one will not be able to effectively manage Commission catching up. illegal parking on one's property. Thus these are practical implications, and It is probable that only the very largest these changes would be minimal for local authorities, and possibly only the Queenslanders. I know that the member for Brisbane City Council, will themselves be able Broadwater would probably like to entertain. to police any regulation of parking on private However, throwing paper planes around the property. This means that other local back of the Parliament is something that we authorities who wish to police any such would do during our school days. It is pretty regulation will have to contract with private poor behaviour from a member of Parliament. security firms, sign a three-way agreement and I suggest that if the member is not interested pay the security firm to police the regulations in what are serious matters, that he retire—— and to issue any notices or fines. That will not Mr GRICE: I rise to a point of order. I find be cheap. Any local authority will have to be that comment offensive and I ask it to be highly motivated to pursue such withdrawn. arrangements. In reality only one or two will enact such local laws, and so the provisions Mr ELDER: Which is offensive? That the will have little or no impact on parking member was actually throwing a paper plane management on private property. I would be across the Chamber? Does the member find happy for the Minister to outline a different that offensive? scenario, but I think that is highly unlikely. The Mr DEPUTY SPEAKER (Mr Laming): picture that I have painted is likely to be the Order! The member finds the comments case. offensive. 4172 Transport Legislation Amendment Bill 30 Oct 1997

Mr GRICE: I rise to a point of order. I find rather than by Queensland Transport. Some that additional remark offensive—that I would of my concerns could be alleviated by an be doing that—and I ask it to be withdrawn. unequivocal assurance from the Minister that Mr ELDER: The remark is true; but if the this transfer of functions to the private sector member finds it offensive, I will withdraw it. will not be used to reduce staffing levels in his department but rather to promote greater I turn now to the substantive matters of enforcement. this very important piece of legislation. The member for Broadwater can please himself; My final concern arising out of these but if he wants to entertain, he can entertain changes is: who is going to manage or outside. The Minister has already received monitor these approved inspection stations significant publicity in relation to the changes that handle defect notices, especially in to the motor vehicle safety scheme and the smaller towns where the repairer will also be motor vehicle safety certificate scheme. We the approved inspection station? I would are about to see the abolition of road safety appreciate it if the Minister could answer my certificates to be substituted by new safety concerns in his reply. certificates. The new scheme seems as In relation to driver training, a set of though it will be an improvement on the Australian standards has now been adopted existing situation. However, in the long run any by the Australian Driver Training Association. improvement may prove to be only marginal That is a welcome development for the driver and very minimal indeed. training industry. When I was the Minister for A detailed assessment of how the Transport, that industry was agitating for scheme will work is very difficult because, as is regulation and I set in motion procedures to increasingly the case with legislation facilitate development of a regulatory system by looking at the various options that were administered by this Minister, major policy available. It was clear that a number of the issues will be resolved by regulation and not most responsible and respected operators of by substantive legislation. That is a disturbing driver training centres believed that the trend as over and over again this House is industry was not sufficiently broad and mature being asked to cede its legislative powers to to be able to provide a self-regulated subordinate authorities. accreditation scheme. Although in modern It will be a requirement for the safety public administration there is a clear certificate to be displayed on a vehicle at the preference for self-regulatory schemes and time of advertising for sale rather than at the arrangements, I am only quite happy to time of the change of registration, which is accept the Minister's recommendations that when a roadworthy certificate has to be there is a need for a compulsory accreditation produced. The theory is that potential buyers scheme in the driver training industry. Labor will critically evaluate a safety certificate and supports the implementation of that scheme assist the department in identifying dodgy until the year 2000 with a review at that time. safety certificates prior to the sale of the The provisions of competency based vehicle. I remain to be convinced that such training for driver training using Australian vigilance from the public will occur on anything standards should provide improvements to the other than an extremely rare occasion. services offered by this industry and remove The reliability of safety certificates will some of the difficulties that have arisen out of inevitably fall back onto the levels to which poor services that have been offered over the officers of the department will be able to years. Perhaps the only disappointment was scrutinise the validity of the certificates. That the one that was expressed to me by a will be a matter for the systems that I presume number of operators who said that the way to are established within the department and the go was clear by the time this Government resources any Minister is willing to allocate to came to power and that it has taken the such policing activities. There is no suggestion Minister nearly two years to introduce the that there will be any substantive increase in legislation. The operators have been the budget for such enforcement activities. disappointed about that. Some operators It is worth noting that the real problem despaired that the legislation would never with the old system was a lack of any emerge. However, at least it is here. That is significant enforcement strategy. Nothing the the only criticism that I heard. Minister has said suggests, even with this While I am on the subject of driver move, that that will change. Perhaps it will if training, I will express some concern about the the proposal is to have defect notices cleared apparent overtraining of driver examiners. I fail by private sector approved inspection stations to see the need for driving examiners to be 30 Oct 1997 Transport Legislation Amendment Bill 4173 taken to the Mount Cotton Training Centre open my mouth, you pull me into line. What is and put through high-speed and other the deal? complicated driving drills to the detriment of Mr DEPUTY SPEAKER: Order! The their examining schedules. That is especially member will resume his seat. I warn the so when a private training provider is using a member under Standing Order 123A for Government vehicle to train a driving examiner interjecting across the Chamber. and the car is rolled. One would have to ask why a private driver training provider was Mr T. B. SULLIVAN: I rise to a point of required? Why was the training necessary at order. Mr Deputy Speaker, I made one all? What are the driving examiners being interjection and you called me to order. The trained to do and why? Is it not true that many member opposite has made a number of of the examiners themselves fail to see the interjections and you have not called him point of this training that they are required to once. I wonder what the purpose behind your do and have expressed frustration at the ruling is. problems that it has caused for them in Mr DEPUTY SPEAKER: The member will scheduling their driving tests? I suggest to the resume his seat. I call the member for Minister that, in relation to that incident, it is Capalaba. very lucky that there were no serious injuries Mr T. B. SULLIVAN: Mr Deputy Speaker, out of that incident. The Minister would have so you are saying that you do not have to had more to account for had that been the explain your ruling when it is a blatantly biased case. ruling? Mr Grice: The more often you hit a golf Mr DEPUTY SPEAKER: The member will ball, the better you play golf. Driving is the resume his seat. same. Mr ELDER: We can do it tough and we Mr ELDER: Unlike the member for can be here for the entire 60 minutes in which Broadwater, they do not roll into concrete walls I have to speak, or the member can let me every time they take someone out around the make my speech and we will not be here as back streets to teach them how to drive and to long as we might have been. It is entirely up to examine their driving skills. That is something the member. I do not mind. that they do not have in common with the member for Broadwater. I turn to the issue of stock crossings. The changes allowing local authorities to impose Mr GRICE: I rise to a point of order. I find local laws concerning stock crossings and that comment offensive and I ask it to be facilitating compulsory signage in some withdrawn. The member is talking about a circumstance are supported by the Opposition. subject about which he knows very little. The changes do not deal with the perennial Mr DEPUTY SPEAKER (Mr Laming): thorny issue of stock straying on to roads. I Order! The member finds that remark understand the common law requirement of offensive. that, but that is still a significant issue. Mr ELDER: If the member is prickly and However, these measures enhance the he is hurt, I will withdraw. That demonstrates opportunities for local authorities to control one thing: the member might be good behind stock on roads. the wheel but he is not too good in here. Superintendents of traffic and authorised Mr GRICE: I rise to a point of order. I find officers is an area that I wish to cover. The that remark offensive and I ask that it be Minister has claimed that he will facilitate an withdrawn. improvement in services in rural transport by broadening the class of persons who can Mr ELDER: If the member finds it become superintendents of traffic. I offensive, I will withdraw it. I will continue. I will understand that, at least in part, those take the entire 60 minutes that I have in which proposed changes are a response to a to speak. The member can sit here for as long perceived need in the community of as he likes. I turn to stock crossing roads. The Gordonvale to relieve the administrative load changes allowing local authorities—— placed on local police by having others Mr T. B. Sullivan interjected. perform the functions of a superintendent of traffic, for example, the renewal of licences. Mr DEPUTY SPEAKER: Order! The Residents of Gordonvale and surrounding member for Chermside! areas no doubt would find it more convenient Mr T. B. SULLIVAN: I rise to a point of to go to the local police station, rather than to order. Mr Deputy Speaker, you did not pull the attend the customer service centre in Cairns. member into line once and the first time I This is already a busy police station with a 4174 Transport Legislation Amendment Bill 30 Oct 1997 substantial workload in what we all know is a obtained. The provisions increase the powers rapidly growing area. of police and, in extreme cases, might be Labor understands the need to remove subject to abuse if, say, repeated samples such pressures from police in those were demanded by an over-zealous officer. circumstances, but I do not believe that the However, on balance, the improvements that amendments proposed in clauses 17 and 18 ensure that those who break the law by driving of the Bill are appropriate to deal with this under the influence are caught and suitably circumstance. These amendments create the punished would seem to outweigh those possibility that the chief executive could concerns. privatise most of the operations of the The changes relating to the Motor customer service centres with the stroke of a Vehicles Control Act, which include provisions pen, thereby taking any substantial to allow unregistered vehicles to be used in responsibility in this area outside the public public places in certain circumstances, are sector. merely housekeeping. The Government has I will move an amendment to this clause. our support on that provision. The Minister has seen that amendment and The provision of flexibility in leases over concurs with it. My biggest fear was that this land held for rail corridors improves the provision could easily lead to the outsourcing commercial prospects for the development of of those services. That in itself would have a rail services without diluting the Government's significant impact on the public sector. The prime responsibilities in this area. Again, the Government's latest employment security Government has our support on this provision. organisational change guidelines talk about Of course, rail corridors are a particular significant outsourcing. I know that the Minister problem for the Government. The successor to does not believe in that, so let us not start it in the previous coalition Government who made the Department of Transport. the infamous decision to tear up the Brisbane The provision allows the chief executive to to Gold Coast rail line is a good example. appoint anyone who is appropriately qualified Labor had to re-establish the rail corridor as a superintendent of traffic. "Appropriately between Brisbane and the Gold Coast and qualified" is defined as including "having the build the line. All that many members on the qualifications, experience or standing" to other side of the Chamber did was talk about exercise a particular power or perform a doing so. Indeed, they talked about it year in particular function. Again, at the stroke of a and year out. When the Labor Party came to pen the chief executive could privatise the power in 1989, nothing concrete had been entire provisions for, say, licence renewals or done. When we left the Treasury benches in many other functions. I do not suggest that 1996, there were trains operating between this potential consequence was intended by Brisbane and the Gold Coast. All that now the Minister. I believe that it was not. However, remains to be done is to secure the corridor I certainly do suggest that some members on between Brisbane and Coolangatta. the other side of the House would be only too I have an interest in the issue, because I willing to issue directives to take advantage of am keen to know what the Government has what is a very broad and ambiguous provision. done about the matter. It has supposedly However, I will move an amendment to the gone up and down the coast consulting clause, and I accept that that amendment will various groups. I think that it has gone up and be supported by the Government. down only on one spot, because nothing has The provisions to clarify enforcement happened. The people from the southern end procedures and evidentiary provisions for drink of the Gold Coast are rightly despairing that and drug driving offences are a reaction to nothing will ever happen while this loopholes found in the existing law during Government is in power. Of course, the rail unsuccessful attempts at prosecutions. The corridor is not the only issue on which the laudable aim of these changes is to ensure Government has let down the people of the that someone who is stopped for breath southern end of the Gold Coast. At the testing whilst driving under the influence is not moment, they are totally incapable of moving able to simply refuse the breath test. Hence anywhere and they have great concerns about the changes to the provisions regarding the where the Government now stands on the powers of the police should a suspect refuse a Tugun bypass. That is another big request to provide a sample for testing. Police transportation issue for the southern end of are given increased powers to require the Gold Coast. specimens until someone is properly tested or The other rail corridor that continues to until they are happy with the test that is cause this Government problems is the one to 30 Oct 1997 Transport Legislation Amendment Bill 4175 the Sunshine Coast. Last week on the housekeeping, with the insertion of a couple of Sunshine Coast I revealed that the member sensible extra provisions that were not for Maroochydore was seeking to undermine included. the proposed corridor. The honourable Mr Johnson: What part are you referring member has stated in the press that I was to? being scurrilous. She did not state that I was wrong, and the Transport Minister should be Mr ELDER: The changes to the Transport aware of that. In her reply to my revelations, Operations (Passenger Transport) Act. Those the member was not willing to say that she changes seem to be little more than supported the rail link. All she would say was housekeeping matters, with the insertion of a that she was never opposed to the feasibility couple of sensible extra provisions that were studies in the proposal and that they should not included when we brought forward this be done more quickly. I know that the Minister groundbreaking legislation. There is no doubt is doing his best on this issue, but some that there will be bumps along the way. people within the National Party are more Since we first introduced the legislation to powerful than he is and they are continuing to basically ensure that passenger transport undermine him on this issue. services in Queensland were dragged into the Mr Grice: An outrageous suggestion. 20th century, we knew that there would be changes. However, as the Minister recognises, Mr ELDER: But it is one that the Minister we have to ensure that the industry is offered understands completely. Departmental officers a wide range of flexible, improved and say that the Minister is a good bloke, and I do enhanced services to take us into the next not necessarily disagree with them on that. millennium. I understand that. The However, he has to start wielding a bit of improvements in services have been in many power and he has to make some decisions in relation to transport issues. Everyone knows areas, although I know that there are that it is almost impossible for the Minister to obviously still areas of concern. get his way, because he is being usurped by We support the provisions allowing the people in his own party. He is being overruled Government to provide seed funding for new and undermined by the Treasurer and the services and to support some other services Premier's Office and, as I said, some very such as longer regional bus services that are powerful figures within the party. Indeed, I non-viable. We support the ability of the suggest that the Minister has a good look over Government to fund those services. his shoulder at some of the people within his Previously, unless services such as those were own office. in a contract area, there was no ability to Clause 97 deals with empowering the provide the subsidy. People in rural and chief executive of Queensland Transport to remote areas of Queensland deserve to have appoint persons other than employees of a some level of service provided to them. We railway manager as authorised persons. This is agree with that. I accept that we need to done ostensibly to empower licensed security provide that service to them. It is appropriate personnel to travel on trains. The reasoning for Government, in a decentralised State such behind the clause is to empower those people as ours, to play a supportive role through the to perform various official duties. The Minister provision of services and to make changes to has to assure the House that that provision will this Act. not be used to transfer jobs from Queensland The subsidies will need to be Rail to the private sector. This is much like the administered very carefully by the Minister and previous issue that I raised, except that I shall the department. Fortunately, the Minister has be moving an amendment in relation to many competent officers who have the superintendents of traffic. I know that the capacity to ensure that subsidies will be dealt Minister's intention is to empower private with properly and fairly. They can no longer be security guards to work on trains so that they used as they were in the past, that is, to prop can deal with issues as they arise. However, I up poorly run, inefficient services operated by do not want to see this becoming a head of mates of the Government. We cannot allow power that enables a whole range of railway the industry to go back to the way it was prior jobs to be transferred to the private sector. I to 1989. I agree that we need to do would like that assurance from the Minister in something to prop up those services, but we relation to clause 97. have to be vigilant in relation to the delivery of On the surface, the changes to the those subsidies. Transport Operations (Passenger Transport) It is disappointing that the legislation does Act 1994 seem to be little more than not clearly define CSOs and other subsidies 4176 Transport Legislation Amendment Bill 30 Oct 1997 and fails to tie Government funding to actions will be taken by his departmental improved operator performance. As I said, we officers under the legislation. cannot slide back to the old days. That is why It is difficult in this sense: we have to do it is disappointing. We cannot go back to the something to support the investment in taxi old days when, with a nod and a wink, people and limousine licences, but we have allowed would get a nice juicy subsidy for the provision an industry to spring up and, obviously, there of a bus service. Many people lived off those needs to be some provision that deals with it Government business subsidies right through or some enforcement by departmental the eighties. We do not want a re-emergence officers. At the end of the day, importantly, we of that. We do not need to see that again. have people out there who have invested in Interestingly, some changes will assist in new services and we have to make sure that entrenching current operators. I accept that. they are not disadvantaged. We also have to The payment of compensation will make it make sure that they are not taking advantage more difficult for any new tenderer to be of the legislation, as they have in the past. It is viable. Only the current operator can get a simply a question of balance. The temporary contract. It is possible to interpret Government needs to be careful in relation to sections 56 and 62 as saying that existing how that is interpreted and enforced. contractors will get almost any new contract The provisions allowing temporary service unless they have received a notice of contracts and clarifying how they will be unsatisfactory performance under section 62A. developed and implemented are supported. The Minister needs to look at that. We have to Even though I have those reservations and make sure that at the end of the day they are concerns, let me say that we support it. It will efficient services; that they are providing the enhance the ability of the department to right services; and that they just do not just ensure that the best possible services are operate on a nod and a wink. provided even, as I said, in what are very Labor supports the amendments that difficult circumstances. The provisions that extend the application of operator clear up ambiguity surrounding the use of accreditation and driver authorisation of all substitute taxis and limousines are to be operators and drivers of public passenger welcomed and deserve support. services. This is a natural extension that provides improved safety and customer Government members interjected. service standards. Other changes such as the Mr ELDER: It might not be important to changes to the definitions of "taxi service" and the Government's back bench, but it is "excluded public passenger service" purport to important to the people who run taxis and clear up many areas of ambiguity. However, limousines. It is important to have the ability to strict interpretation and enforcement of the Act have substitute taxis. Again, we hope that it is will not be easy, and that has the potential to implemented and enforced such that the have a substantial adverse effect on existing substitute taxis and limousines cannot be businesses. There is no doubt that properly used any time their operators want to use licensed service providers in the taxi and them, but are used by the operators only limousine industry who have paid significant when one is off the road. premiums for their licences and operate within Mr Gibbs interjected. the legal framework deserve guarantees and protection. That will be provided here. Mr ELDER: I would probably allow Mr Grice to drive a taxi, but only on the Gold However, dial-a-bus services or, as they Coast. I would not trust him in Brisbane; he are called in the industry, fringe operators, would probably take me the long way, through which have sprung up across the State in the Gateway. recent times, can service a particular need within the community. In some cases, the Mr GRICE: I rise to a point of order. I find operators of these services have made that offensive and ask it to be withdrawn. significant investments and provide a flexible Mr ELDER: What? The fact that the service that clearly meets a level of demand member can or cannot drive a taxi? I am within the community. If the new provisions are prepared to withdraw either of them. Which strictly enforced, these existing operations will one does the member want me to withdraw? be forced to cease some of their services and operate strictly as charter bus services, that is, Mr GRICE: I asked for the comment they will not collect individual fares. It is about my driving to be withdrawn. incumbent upon the Minister to clear up Mr ELDER: I am not sure what the exactly what will happen in this area and what member wants withdrawn, but I will withdraw it. 30 Oct 1997 Transport Legislation Amendment Bill 4177

An Opposition member: He could not Transport Operations (Passenger Transport) have been born looking like that. Act will finetune the legislation and have been Mr ELDER: No, he certainly was not. developed in consultation with operators, industry organisations and service providers, As I said, the provisions clear up the all of whom have made valuable contributions ambiguities surrounding the use of those along the way. It is pleasing to read the substitute taxis. We have to make sure that October edition of Truck and Bus magazine, when one is off the road, it is actually off the which reports that under Transport Minister road. That needs to be enforced. This cannot Vaughan Johnson's stewardship Government be allowed to be used as a way of getting two and industry relationships in Queensland have vehicles on the road at the same time under "settled into a prosperous and constructive one licence. partnership". I seek leave to table a page Why was it necessary to increase the size copied from that magazine dated October of the marine board from five to six? I cannot 1997. understand that aspect of the marine board Leave granted. provisions. Was there a mate of the Premier that he forgot to stick on there in the first Mr BAUMANN: The amendments will place? The Minister might be able to tell me ensure that certain people who operated why that was increased from five to six. outside the system—and I am sure that the previous Transport Minister opposite, the We support the Bill. The member for member for Capalaba, would have attempted Broadwater will be disappointed to hear that I to deal with this problem along the way—will will not go on for much longer. I understand now have to comply fully with safety, service that the Minister is willing to accept the and vehicle requirements, as was glaringly amendment that I have put forward in relation obvious for quite some time. Likewise, to the superintendents of traffic. I believe that additional amendments will ensure that all the changes in the Bill are worth while and drivers of public passenger service vehicles enhance the operation of this piece of obtain and maintain the driver authorisation legislation—even if the member for unless the type of service is specifically Broadwater has no clue. exempted. By this, I mean the community Mr BAUMANN (Albert) (10.57 p.m.): service organisations, ambulance officers and Tonight—— others who have their own approved accreditation processes already in place, so it Mr Gibbs: You've gone from looking like is not as if they are going to be exempted Elvis to Bullitt. from that accreditation requirement. Mr BAUMANN: I see that the member The National Competition Policy and does not recognise me with my new haircut. amendments to the Trade Practices Act mean Tonight I rise to speak in support of the that changes have been made to the way the Transport Legislation Amendment Bill. When Director-General of Transport on behalf of the this coalition Government came to power, one State enters into service contracts for the of the first actions of my colleague the Minister provision of scheduled bus services—including for Transport, Vaughan Johnson, was to school bus services—and some scheduled air initiate an audit of the reforms provided for in services and, whilst making the required the Transport Operations (Passenger amendment, takes advantage of the Transport) Act 1994. It is well known that that opportunity to streamline the processes and review found that the difficulties of the reform increase accountability and transparency process and the enormity and complexity of along the way. the task had been completely underestimated. It is proposed to clarify the entitlement of It also found that the department often had to the existing operators' section, as the member meet unrealistic deadlines that resulted in opposite has alluded to, which gives most inadequate levels of consultation, with operators of scheduled services the first resultant policies and procedures developed opportunity to offer for a new service contract on the run and in an ad hoc fashion. for the same kind of service in their area. This Significantly, the operators had no faith in section will now specify the situations when the legislation introduced by the Labor this section does not apply or ceases to apply, administrators, and a total mood of doom as well as detailing specific entitlements. That pervaded the industry for quite some time. will clarify what has been a grey area for quite However, under the coalition's approach this a considerable time. Presently, there are has all changed for the better. I am pleased to separate sections and processes for the single say that the proposed amendments to the existing operator and the multiple existing 4178 Transport Legislation Amendment Bill 30 Oct 1997 operator situations. Operators in the multiple have the first opportunity to offer at the end of situation may be required to work out a form of the contract for the new contract if the area or rationalisation, joint operation, amalgamation route is the same or substantially the same or other arrangement that achieves a just when a contract holder's performance has compromise of their respective rights. This has been satisfactory. However, once again, the not worked particularly well in practice and it is existing legislation is silent on just what also contrary to the requirements of the Trade happens if a contract holder's performance Practices Act. has been unsatisfactory. This is remedied by Importantly, these changes will ensure the chief executive having to advise the that the Government is not exposed to the operator in writing that performance has not provisions of the Trade Practices Act while been satisfactory, along with the reasons. An clarifying all operators' rights and obligations. It appeals process is also in place for anybody is proposed that one section will now cover the who feels aggrieved so that they can take their situation when the director-general proposes case further in that arena. to enter into a service contract for scheduled Furthermore, the procedures to be services whether there is one existing operator followed in entering into the new contract are or multiple existing operators. This will ensure those which apply where no operator has an that all contracts for scheduled passenger entitlement. services are entered into under the same Mr Gibbs: You remind me of Steve processes. McQueen in Bullitt. The existing Transport Operations Act Mr BAUMANN: I would not be at all sets out what matters the director-general has surprised if the member for Bundamba had to consider when determining the best offer escaped from a few situations. when two or more offers are received for a service contract. However, the legislation is It is now proposed to allow the director- silent about what has to be considered before general to enter into a temporary service entering into a contract when only one offer is contract, as was discussed previously, if he received. It is proposed to rectify this situation considers it necessary to establish a public by requiring the director-general to consider passenger service on the condition that all the same criteria in all situations before temporary service contracts will be restricted to entering into a contract. a maximum of two years. For emergency situations, normal procedures would be too The existing Transport Operations Act time consuming and, in most instances, allows the director-general to amend the area temporary service contracts to ensure or route of a service contract in certain continuity of service may have to be entered circumstances. While it gives the contract into at short notice. holder the first opportunity to offer for the contract for the amended area, in spite of this, It is proposed to allow the director-general the contract holder or another operator in the to decide the way that offers to provide the amended area could be severely affected replacement service under a temporary service without even being able to comment on the contract are invited. As a safeguard against proposal. This is completely unacceptable, misuse of these powers, temporary service and it is proposed that the holder and any contracts will not give contractors the first other operator in the amended area be given opportunity to offer for the following service 28 days to make written representation about contract. Of course, the only exception to this the proposed area change. At present, there would be where the temporary service contract is no time limit in the legislation for the contract holder held the previous service contract for holder to make an offer for the contract for the the area or route and the contract contained amended area, so it is proposed that a 60-day provisions for renewal. limit will apply in line with other provisions of With contracts starting at different times the Act. with fixed five-year terms, it would be difficult to The existing legislation provides for the alter the minimum service levels when director-general to require the holder of a new renewing a single service contract while service contract to pay compensation to the maintaining a level playing field between all existing operator or operators. It is proposed to contract holders. So it is proposed in the extend these compensation provisions to service areas or routes where several service cover contract holders who were unsuccessful contracts are to be entered into that the in obtaining a contract for an amended area. director-general may enter into a service Unless the contract states otherwise, the contract for a period of less than five years to legislation provides for the contract holder to ensure the service contract expires on the 30 Oct 1997 Transport Legislation Amendment Bill 4179 same day as all other current service contracts authorised person. It is proposed also to of the same kind for the area or route. amend several enforcement provisions in the The Transport Operations Act provides for Act. For example, it is proposed to expand the the operators of scheduled bus services and provision that a person must not obstruct an certain scheduled air services under service authorised person in the exercise of a power. contracts to receive financial assistance, and This is going to be expanded to include the the Opposition spokesman touched on this. insult or abuse of that particular authorised However, there is no provision to allow person. financial assistance to be provided to other Mr Ardill interjected. public passenger service operators. For Mr BAUMANN: I take that on board. example, a long distance scheduled bus operator in a remote area may need to be A limousine may not ply or stand for hire assisted to ensure a service remains in unless it is at the owner's premises or at a operation in that area, and I think that is place approved by the Director-General of timely. It is also proposed to allow financial Transport. Furthermore, limousines have to be assistance to be provided towards other public pre-booked unless they are at a limousine passenger services in addition to those under rank. Clarification of some of these issues is a service contract. absolutely necessary because of the grey areas that have allowed certain practices to The Transport Operations Act also creep into the operation of some of these requires each taxi or limousine in use on the vehicles. road—and I know this has been discussed before, but we will go through it again—to Departmental enforcement officers often have a taxi or limousine service licence. It has find limousines parked outside or near been the Department of Transport practice entertainment places with a person in uniform under the former legislation and now this hovering nearby. It is sometimes difficult to legislation to specify a particular vehicle on prove that the limousine is being plied for hire each licence. It is proposed to make this at these unapproved places. To cover these administrative practice a legislative situations, it is proposed to include a provision requirement. As a condition of the service so that an authorised person may request the licence, the department has allowed a person in control of the limousine to move the substitute taxi or limousine to be operated vehicle, unless there is a reasonable when the vehicle stated in the licence is not excuse—for example, that the limousine available for use. Once again, given the controller can provide details of a booking. proposed legislative change, there is a need There are many other amendments that to provide more control over the use of these the Honourable Leader of the House does not substitute vehicles, and it is proposed to insert wish me to discuss. I commend the Bill to the regulation-making powers to control the use of House. those particular substitute taxis and Mr CAMPBELL (Bundaberg) limousines. (11.11 p.m.): The Transport Legislation The amendment of the review and Amendment Bill has the broad support of the appeal provisions of the Transport Operations Opposition. The Bill contains 139 clauses and Act will transfer the provisions to the Transport there is only one amendment. In that situation Planning and Coordination Act to ensure a members will understand that there are many common procedure for all transport Acts, aspects of the Bill that the Opposition which is another plus. The legislation also appreciates. However, there are other aspects provides for the director-general to appoint of the Bill that we do not appreciate. authorised persons to investigate and enforce Whilst the Minister is being congratulated public transport matters and to appoint on what is being done in Albert, I can inform authorised persons for railways to either him that the people of Bundaberg do not investigate safety-related incidents on the appreciate that the overpass from Bourbong railways or to carry out ticketing and passenger Street to Quay Street over the north coast behaviour functions. That has received some railway line has been dropped from the attention from the member opposite as well. transport plan. We do not appreciate that the Following previous ad hoc amendments Quay Street upgrade has been put back to the legislation, the way police officers are years. As a result, traffic in the CBD of appointed to these positions is completely Bundaberg is getting close to gridlock. Money different. The proposed amendment will, in a is being spent in south-east Queensland, but manner similar to the present appointment, the Minister must appreciate that further automatically appoint every police officer as an money needs to be spent on transport in 4180 Transport Legislation Amendment Bill 30 Oct 1997 regional and provincial areas. Bundaberg is Mr CAMPBELL: It is all right for Mick one of those areas. Veivers. If a car ran into Mick Veivers, the car The studies undertaken for the Wide Bay would come off second best. The old region have shown that public transport pensioners, however, come off second best. services are inadequate. Community service When I asked the department's engineers groups and people with disabilities have about putting in a pedestrian refuge to allow reported that there are no adequate public people to cross the street I was told that cars come first. There is more to life than just cars. transport services to service the intra-city needs of the Wide Bay region. The needs for When a licensed bus service is not bus services were not sorted out when Labor allowed to pick up public passengers, was in Government, and in the 20 months that something should be done. If the operator of this Government has been in office we find a licensed bus service is not prepared to that we are no further advanced. provide the service, why can we not have the flexibility to be able to ensure that passengers I know that the transport contracts have can be picked up on the school bus service? not been signed, but I understand that they are not going to provide the adequate services I am very proud of the taxi service in that we need. The bus services are going to Bundaberg, which is probably one of the best be contracted in Bundaberg in situations in in Australia. I use it, but I am not going to say which pensioners cannot use the buses. What when. The important aspect of the Bundaberg is the use of having a suburban bus service taxi service is that it has the cleanest cabs in where we have these 1940s buses that have Queensland. Queensland taxi services are a 50-centimetre step at the front of the bus? better than those in Sydney or Melbourne. Many pensioners just cannot get on the bus. If The Bundaberg taxi service has been forced the contracts are not going to provide for to use satellite computerisation. This is buses that can be used by the people, why something that should not have been forced muck around with the contracts? on the service. The service had to merge with Gladstone to be able to use satellite When we come to Brisbane we see the computerisation. However, the operators in hail and ride buses. These buses provide a Gladstone did not know Bundaberg, and the good suburban service. Why do we not have venture failed. That expensive service now has these buses in the regional cities? to be operated from Bundaberg. It is a good Mrs Wilson: They are in Cairns. service, but it is very costly. I do not think we appreciate what it has cost those small- Mr CAMPBELL: They might be in Cairns, business people—the taxi drivers—to but they are not in Bundaberg. In the CBD implement those changes. The Department of one sees these special transport buses that Transport forced a lot of red tape onto these are hydraulically lifted up and down to allow people. passengers to enter the bus. However, in I am looking forward to the tilt train. I Bundaberg the feeling seems to be that if the believe that, when that comes in, we will be companies do not want to provide this service, proud as a State. That train, which has been it is forgotten. built in Maryborough, will service basically the On one side of F. E. Walker Street we region from Rockhampton to Brisbane. have public housing units. In peak hour in However, if we are going to have a train Bundaberg elderly people cannot cross F. E. service that has the technology to take it into Walker Street to catch the bus. If they are able the next century, then we should provide to get to the bus, they find that they cannot stations of equivalent quality for the get on it. When I leave Crane Street I see this passengers. What is the use of having $60m poor little elderly pensioner on the other side worth of train if we have to have little porters in of the street waving the bus goodbye. This little hats who have to bring out the mobile pensioner is trying to wave the bus down, but stairs, so that people can get on the train, and the driver says, "I can't stop because I have to then pull them back again? get all the school kids to the high schools. I Mr Veivers: That's employment. can't wait for you to get across the road." There is something wrong with our transport Mr CAMPBELL: I would like to see that. I system when this occurs. The Minister has a believe that we are above that. More chance to rectify this situation. importantly, with that faster, quieter train, we have to ensure safety at level crossings. I do Mr Veivers: Why don't you stop and not know whether we got the most appropriate carry the lady across the road? If you were a response to the Public Works Committee's decent man, you'd carry her across the road. report which raised these issues. Level 30 Oct 1997 Transport Legislation Amendment Bill 4181 crossing safety should be considered to We were given an undertaking that there ensure that we have boom gates at every rail would be a total review of speed limits on all crossing. those roads before speed cameras were Members have spoken about driver introduced. That undertaking, which I believed training. I agree that we do need more driver was only reasonable, was broken. I believe training. From my experience as a member of that speed cameras were used on some roads the Travelsafe Committee—and I am sure that in Bundaberg before a review was undertaken. Mr Ardill will agree with me—I believe that If that review was done, it was done in silence. young drivers need better training. I am Mr Veivers: No, we did it. chairman of ASVA, which organises activities Mr CAMPBELL: It was a phantom review. for people under 18. We used to run special defensive driving courses for young drivers. Mr Veivers: You were probably helping They would do the defensive driving course that old lady across the road and didn't see it. and we would pick up the tab. Driving schools Mr CAMPBELL: I was probably helping would take drivers out and teach them the that lady across the road. I am glad the procedures that are being taught in defensive Minister mentioned that. That lady will still vote driving lectures. But with all the money that for me because she is still alive. that volunteer group was prepared to A Government member: That makes contribute, the department could not be two. bothered to provide one cent. It is too busy doing other projects. When people were Mr CAMPBELL: No, three. Kimberley will prepared to foster road safety and help young still vote for me. kids, the department did not have the time to I turn now to the issue of illegal parking provide support. That idea received a lot of and the powers that are being given to local support in the local area, but it got lost in the governments to enforce laws. I refer in bureaucracy in Brisbane. The Minister knows particular to disabled parking spaces in how things get lost in the bureaucracy. If shopping centres. Able-bodied people take community groups are prepared to foster road those parking spots, but there is no way to safety and look after kids, it is important for the enforce the laws. Perhaps this legislation will Government to give them the necessary help in this regard. I hope it does. I must say support. that, as an ordinary motorist, I find it hard to I turn now to the issue of roadworthiness go past those disabled parking spaces. and road safety certificates for vehicles. I hope However, I believe that most people do the that the new system works. However, the only right thing. But for those who do not, there way that it will work is through enforcement. If must be some way to enforce the laws. we are still going to let the shonks provide As a member of Travelsafe, we looked at those safety certificates, the system will not many aspects of road safety, including breath work. So I ask the Minister to make certain testing and the possibility of further blood that the people who issue those safety testing of people when they arrive at hospitals. certificates do the right thing. I now table a full We must ensure that we implement the safest file on a person who bought a $5,000 car and, regulations possible to reduce the road toll. I within three months, had to pay $2,020 for do not believe that people really appreciate repairs because of a shonky roadworthy how much the road toll has been reduced. In certificate. I say to the Minister: bring in the the seventies, the road toll in Queensland was new system, but make certain that it is over 700, or close to 700, with half the number enforced. of cars travelling half the distance. Since then, I was a member of the Travelsafe many lives have been saved. That has been Committee that recommended that speed done by people in this Parliament, because cameras be introduced. That committee we have been prepared to introduce good recommended many safeguards for the laws and tough laws that protect people. community. I am a little disappointed, because Even though we criticise many young kids many of our recommendations in relation to today, I believe that they drive safer than we providing these safeguards have not been did. I believe that there is a God, because I implemented. I have received complaints in am still alive today. We should not allow kids Bundaberg that most people who drive on today to do what we have done in the past. particular roads travel above the speed limit. That is why I am here tonight. I say to the That happens. There are certain roads on members of this House: be prepared to which most people believe it is safe to travel enforce all the regulations regarding road above 60 km/h. safety. Be prepared to stand up and say that 4182 Transport Legislation Amendment Bill 30 Oct 1997 we are here to protect the people who are Mr Elder: And for health-related purposes using our roads. We are here to protect our for injury-related accidents. young people, and we are here to protect all Mr NUTTALL: The member for Capalaba those who are not as good as other drivers corrects me. In addition, it was to be used for such as Mr Grice. We must ensure that they health-related purposes for people injured in get home safely. I believe that, with the accidents. I am very keen to hear from the bipartisan support of most of these regulations Minister regarding that matter, because it is a and most of this legislation, we can do an matter of vital importance. That is the only even better job tomorrow. reason that legislation was passed. Mr NUTTALL (Sandgate) (11.29 p.m.): I Mr Deputy Speaker, you live in an will not speak for long on this Bill. There are a electorate adjoining mine. I am greatly couple of important issues that I believe need concerned about the use of speed cameras. I to be raised in the debate tonight. One in do not believe that the speed cameras being particular is the issue of speed cameras. utilised in Queensland are being utilised When the legislation covering speed cameras correctly. That was the danger that the was introduced into the Parliament, certain Opposition raised when the issue came before commitments were given by the Minister and the Parliament. When one considers the the Government. I will be interested to hear answer from the Police Minister, who said that the Minister in his reply state whether those only eight speed cameras are in use, one commitments have been fulfilled. One of realises that they are being used in residential those commitments was that the revenue that areas—but not in the back streets; they are was raised from speed cameras would be being used in areas such as Sandgate Road spent on rectifying black spots and on driver and Gympie Road where there are very few education. I am interested to know whether fatalities—as revenue raisers. That is the that is where that money went. inherent problem that the Opposition raised when the issue was before the Parliament. In In September, I asked a question of the my view, this is a matter of integrity for the Police Minister regarding the number of Government. The Government has not fulfilled infringement notices in relation to black spots its obligation in terms of the legislation. It has and speed cameras. In May there were 2,712 defied the law that it has passed. It has infringement notices, and no fines were deliberately used speed cameras to raise issued. I make that very clear, because that revenue. We said to the people of was a warning period. The Minister indicated Queensland that we did not want speed that clearly. In June 5,904 infringement cameras used for that purpose. notices were issued and fines were imposed upon those people. In July the figure rose When the legislation was passed, it was said that clear signs would inform people that from 5,904 to 10,851. The number of they were moving into areas where speed infringement notices doubled between June cameras were in use. Without hesitation I and July. That information was obtained from would say that the majority of members within an answer to a question on notice to the this Legislative Assembly have been through a Minister for Police and Corrective Services. speed camera area. The sign is a little A-frame Those infringements were picked up by 10 sign. It is placed about 10 to 15 metres before speed cameras that were in use throughout one hits where the speed camera has been the eight police regions. One or two of those placed on the back of the police vehicle. That 10 cameras were used for training. In two is not what we are on about. If one travels in months, in excess of 16,500 infringements most States throughout this county and in were picked up by eight speed cameras. The New Zealand where there are speed cameras, answer to my question on notice clearly one will see clear signs well in advance of the indicated that more speed cameras would be cameras. Those signs are permanent fixtures introduced. saying "This is a speed camera area". They Of those 16,500-plus infringements, clearly warn the motorists. That is not some $391,000 was collected in revenue. happening in Queensland. I repeat: in That is not an insignificant amount of money. Queensland, a small A-frame sign is stuck on When the legislation covering speed cameras the road 10 to 15 metres before the speed was passed, it was passed with the support of camera. That is not what members wanted. the member for Gladstone, who said that the That is clearly not the intent of the legislation. revenue raised should be spent on fixing up I believe that the Transport Department the black spots and on a driver education and the Police Service are in defiance of the program. legislation that was passed by this Parliament. 30 Oct 1997 Transport Legislation Amendment Bill 4183

They are deliberately raising revenue. That Transport Minister and the Police Minister to revenue is not being spent on the programs ensure that the legislation that was passed by that it was intended to be spent on. That was this Legislative Assembly is addressed by the the inherit danger. I am not trying to be coy relevant Government departments to make when I say that it is not being policed by the sure that they comply with the law. I implore Transport Department and the Police Service. the Transport Minister and the Police Minister Those two organisations are acting in defiance to have that done. of the legislation that was passed in this I say unequivocally that I am a strong Parliament. I am not blaming the Transport supporter of speed cameras. I do not resile Minister. I want to make that very clear. from that. However, if we are going to use However, that is a matter that he should them we should use them properly. Let us use address in his department. It is a matter that the speed cameras on the roads where it is the Police Minister also should address in his known that, unfortunately, fatalities have portfolio. It is abundantly clear to the majority occurred. I have to say very honestly that I of members within this Assembly that speed have passed through areas where roadworks cameras are being used simply to raise have been taking place and there are speed money. The community supported the use of cameras. I applaud both the Police Service speed cameras on the condition that they and the Transport Department for doing that. I were used appropriately. The Government is believe that that is where speed cameras betraying the trust of Queenslanders. should be—where roadworks are being carried Queenslanders said, "Yes we believe that out and it is dangerous for the people who are there should be speed cameras, but those working on those roadworks, or in other speed cameras should be used appropriately." dangerous areas. So I do not say that the Speed cameras are being used at the Police Service and the Transport Department bottom of hills, on straight stretches of road have acted incorrectly. In my view, I have where the speed limit drops from 70 km/h to been through areas where it is proper that 60 km/h. For example, on Gympie Road in the speed cameras be used. Sandgate region, the Police Service erected However, I have also been through areas speed cameras. There has not been a fatality that are inappropriate for speed cameras. on that stretch of road in the past three or four Unfortunately, in the majority of cases the years. Nevertheless, they chose to erect the speed cameras have been used in speed cameras and clicked them at 70 km/h. inappropriate places. In terms of the legislation They did not realise that the legal speed limit that was introduced in this House, if we are fair in that area, as shown on signs erected by the dinkum, that is not the right thing to do. I know Transport Department, is 70 km/h. The that this Minister is fair dinkum and I infringement notices had to be withdrawn. congratulate him on that. On a number of They had to apologise for their mistake and occasions he has talked about the issue of say that the speed limit is 70 km/h. deaths on our roads. In my view, apart from I remember that I clearly asked the unemployment in this State, the deaths and Government to ensure that the speed limits injuries that occur on our roads are the within this State were reviewed before the greatest injustice to our society. It is incumbent introduction of speed cameras. That has not upon the Transport Minister to ensure that that been done. I challenge any member of the legislation is complied with. There is another Legislative Assembly who is present to stand matter that I wish to raise—— up and say to me, "Yes, in my electorate Government members: On, come on. those speed limits have been reviewed and, Mr NUTTALL: I am sorry, I know that it is yes, they have been changed." Quite simply, getting late but that is not my problem. The they have not. The Travelsafe Committee, the other matter that I wish to raise relates to the all-party parliamentary committee, made it quite clear in its reports to this Parliament that Bruce Highway and the Gateway Arterial. I if the Government was going to introduce shall not be long. On a number of occasions I speed cameras, it should review the speed have raised this matter. I have spoken to the limits. That simply has not been done. Transport Minister about the upgrading of the Sunshine Coast highway and he has given me So what has happened is what we an undertaking—and I thank him for that—to feared. What we feared was that speed give me an update on the six-laning or the cameras were going to be introduced without eight-laning of the highway through to the the review of speed limits and, quite simply, be Sunshine Coast. I believe that if we do not used as a revenue raiser for the Government. address that issue as a matter of priority, that That needs to be changed. It is up to the highway will experience the same problems as 4184 Transport Legislation Amendment Bill 30 Oct 1997 the Gold Coast Highway is experiencing at When motorists hit that area, they see a sign present. that says, "This is a trial zone." That area has When members look at the State of been a trial zone for some 18 months. Sooner Queensland, they would realise that all except or later the Transport Department has to make two seats are held by members of the Federal a decision as to whether it is going to make Government. It is up to them to do some the area a permanent speed zone or leave it lobbying to ensure that the money is allocated as a trial zone. to Queensland and that that road is upgraded. I will wind up by saying that I have grave Mr Ardill: How can they when it has all concerns about the way in which speed gone on the Pacific Highway? cameras are being used. I also have grave concerns about the revenue that is being Mr NUTTALL: The member for Archerfield raised through the use of speed cameras. I do is right. Most of the money has been spent on not believe that the Police Service or the the Gold Coast highway. However, we should Transport Department is acting in the terms of not forget the people who live on the the legislation that was passed by this Sunshine Coast. Those people who live in that Chamber. That is a matter that needs to be corridor between Petrie and Bribie Island well addressed. I also say to the Minister that the know what it is like to travel along that road matter of the upgrading of the Bruce Highway early in the morning. Basically, it seizes up and to the Sunshine Coast needs to be people cannot travel along it. On a Sunday addressed. That highway has a strong impact afternoon, for people travelling to Brisbane on my electorate. On a Friday afternoon or on from the Sunshine Coast, again the road a public holiday, traffic on that highway backs seizes up; they cannot move. That matter up right through my electorate. needs to be addressed. I represent the only electorate in this We as a nation talk about employment. State that has a seven-lane highway going Here is a golden opportunity for the through it. We talk about the eight-laning of Government to create employment. That road the Gold Coast highway. I know better than needs to be upgraded, and it needs to be anyone the impact that a six, seven or eight- upgraded as a matter of urgency. The lane highway has on an area. I know about Bracken Ridge exit off the Gateway Arterial the problems regarding noise, pollution, heavy heading towards the Sunshine Coast cuts right traffic, and the other sorts of issues that six- through my electorate. Members should not laning and eight-laning create. Nevertheless, worry about public holidays; they should go those matters need to be addressed. I will there on a Friday afternoon and have a look at continue to bring them to the attention of the the backlog of traffic. It is backed up for some Transport Minister. I say to the Transport five kilometres bumper to bumper simply Minister and the Police Minister that it is because of bad planning. We have this incumbent upon them to ensure that the wonderful Gateway Arterial but as motorists legislation that is passed in this House is acted come off it, bang, they come to a grinding upon in a proper manner. halt. That problem needs to be addressed. Mr T. B. SULLIVAN (Chermside) I say to the Transport Minister that he (11.48 p.m.): I rise to speak to the Transport needs to address not only the Gold Coast Legislation Amendment Bill. Generally, these Highway but also the Sunshine Coast amendments are sensible, practical provisions. highway. The statistics from the Department of It is just a bit disappointing that some of these Local Government and Planning demonstrate changes have taken so long to come to the that one of the fastest-growing regions in this House. State is the Sunshine Coast. People keep I want to mention very briefly four matters. talking about growth on the Gold Coast, but The amendments to section 16A, which relate the Minister should consider the rapid growth to breath and blood samples, are welcome. As that is occurring in the Sunshine Coast region. we know, there are over 500 deaths a year on Traffic on the road to that region is basically our roads. The four main causes of those stuck simply because no long-term planning deaths are speed, alcohol, fatigue and lack of has been undertaken. restraints. Drivers with blood alcohol levels that The highway has four lanes through to are too high are a very major cause of serious the Bribie Island turn-off, then all of a sudden road accident deaths and injuries throughout when a motorist hits there the speed limit the State. These changes will help the police becomes 110 km/h. So the speed limit is 100 in keeping drink-driving to a minimum. I km/h to Bribie Island and then from Bribie congratulate the Department for Transport and Island to the Sunshine Coast it is 110 km/h. the Police Service on the changes in policy 30 Oct 1997 Transport Legislation Amendment Bill 4185 and their efforts to increase the RBT testing integrated public transport system. The rate throughout Queensland. This legislation northern busways project is essential for the will assist in that. Chermside regional centre to be a success. Secondly, the shopping centre where my The fact that no funding has been provided for office is located is an example of where there that project is a huge disappointment. It will is conflict with parking. As the Minister would adversely affect the planning for the north side be aware, that situation affects small business. of Brisbane. I call on the Minister, Premier Off-street parking attracts customers, but Borbidge and Treasurer Sheldon to review the these car parks get cluttered with the cars of southern busways project and to make some people who are not customers or who perhaps funding available for Brisbane's north side work in nearby offices. That cuts down on residents. custom and affects business. It also creates Mr ROBERTS (Nudgee) (11.52 p.m.): I tension between tenants and landlords. I am take this opportunity to raise of few matters sure that the Minister for Tourism, Small concerning transport issues that affect my Business and Industry has had to address that electorate and to remind the Minister of those situation on many occasions. In his reply, I ask issues while he is in the Chamber. the Minister to tell the House whether he A couple of weeks ago I made a speech believes that the provisions in the legislation about aggressive driving. I referred to the fact will really help to address that issue or whether that in New South Wales the Labor they just flick it to the local authority which will Government has introduced three new have to deal with it. offences: menacing driving, driving with intent The provisions relating to the transport of to menace and predatory driving. It is a fair dangerous goods reminds me of the Nundah thing to say that most people in Queensland, bottleneck. The motorists, business people or indeed in Australia, can relate to the issue and residents of Brisbane's inner northern that I referred to in my speech, which is that suburbs are very pleased that the cut and these days whenever one goes for a drive it is cover option has been chosen. The only virtually impossible to travel any distance criticism is that there has been a delay of 20 without some lunatic driving on one's bumper months. I have heard no praise for the bar and trying to force one to either exceed member for Clayfield, Santo Santoro, who, the speed limit or move out of the way to let when in Opposition, promised his support to all them pass. This problem is growing and the and then, as a member of the Cabinet, Government needs to take some legislative refused the funding for so long. However, the action to address it. bypass will now come to fruition. I hope that This issue was brought home to me by an the date of 2002 will not be the finishing date incident experienced by one of my and that the project will be finished sooner constituents on the Gateway Motorway. This rather than later. woman was driving at the speed limit of 100 It is disappointing for residents of km/h in the right-hand lane. A large truck Brisbane's northern suburbs that they have came up behind her and appeared to be been dudded by the Premier and the travelling virtually one car length behind her Treasurer because of the money being vehicle. The driver of the truck was making squandered on the southern busways project. quite threatening and intimidating manoeuvres The overall concept of the southern busways behind her, which forced her to exceed the project is flawed. It will not achieve any speed limit. Eventually, she had to find a safe significant improvements in bus patronage or space to move into the left-hand lane. increased speed. In addition, the $500m price Most members in this Chamber can relate tag is about twice the price that is needed to to that sort of incident. It happens too often. I provide an efficient and fast busways route. In believe that aggressive driving is a major the meantime, the people from the north side contributing factor towards many accidents of Brisbane have been ignored, as Mr Deputy that occur on our roads. It is about time that Speaker would know, because the northern we gave serious consideration to empowering busways project will run through his electorate the police to take action against drivers in as well as mine. I am sure that some of his those circumstances. I understand that it may constituents are very unhappy with the well be a difficult offence to prosecute, given situation, as are my constituents. the fact that many of these occurrences occur This year Minister McCauley gazetted the between the two drivers and finding witnesses development control plan for the Chermside could be an issue. However, the New South regional centre. One of the key elements for Wales Government has tackled the issue by the success of that regional plan is an introducing legislation. I urge the Minister to 4186 Transport Legislation Amendment Bill 30 Oct 1997 take a close look at what has happened in ramps. Unfortunately, the response I received that State with a view to enacting similar from Queensland Rail was that, given that the legislation in Queensland. cost of a ramp would be about $1m, it was not The other issue that affects my electorate high on its priority list. However, much to my relates to the straightening of Sandgate Road disappointment, at the same time that I in the vicinity of Zillmere Road at Boondall. I received letters from Queensland Rail saying have raised this matter with the Minister on a that it did not have enough money, a little number of occasions. Earlier, the Deputy further along the track at Eagle Junction Leader of the Opposition said that the Minister Railway Station, which already has ramp is a good bloke, and I have no doubt about access—and I have put a question on notice that, because every time that I have raised about this to the Minister—approximately $1m this issue with him over the last month or so was being spent to duplicate disabled access he has given me an undertaking that he will at that station. Eagle Junction station already listen to the concerns of my constituents. In has ramp access and lifts are now being particular, a small-business constituency in my installed to duplicate that access. Certainly electorate has grave concerns about the access was required to the additional platform impact on their businesses that straightening that has been installed, but in my view a much the road will have. cheaper option would have been to provide ramp access to the new platform. Money The straightening of Sandgate Road also could then have been spent at the more impacts on Nudgee College. I was very needy station at Zillmere, where ramp access pleased that the Minister for Emergency is absolutely crucial. I again remind the Services and Sport recently announced that Minister of that issue and ask that it be given the college will receive a significant grant to greater priority. build an international-standard athletics track. In no way do I want to jeopardise that I also draw to the attention of the Minister particular project, but I believe that some the issue of parking at Northgate. Some time compromises could be reached so as to divert ago I placed a question about this issue on the road away from the college. This would notice and I acknowledge that the Minister enable the track to be installed and would visited the area with me. On any given day allow enough space for the future one can count between 130 and 150 cars development of grandstands and so on. It parked near the car park at Northgate Railway may also alleviate the fears that small Station in the surrounding streets. That is businesses have that the project will impact causing safety problems and a great deal of negatively on their businesses. annoyance to local residents. Indeed, the local police say that significant numbers of vehicles I take this opportunity to ask the Minister parked in those streets are stolen. The railway to meet with those small-business people so station has installed full security surveillance at that they can have the chance to place their the car park, which has been very well concerns directly before him. I am very received. However, the spillover of that large pleased with the cooperation that has existed number of cars onto the surrounding streets in between Bob Drew, the district director, myself, Northgate is a problem. the local small-business people and other people who have raised these concerns. Mr My solution, and strong suggestion to the Drew is very helpful and is always willing to Minister, is that any additional parking at the listen to concerns, but in the end he had to Northgate Railway Station should go on the make a decision. He made a decision that still eastern side in the commercial and industrial causes some concern among the business area. I know that Queensland Rail has its eyes people and they wish to take the matter to the on properties on the western side of that higher authority of the Minister. I ask the railway station closer to the residential area. Minister give a commitment to meet those That will just add to the existing problems. New people some time in the near future. parking needs to go on the eastern side in the industrial and commercial area. Another issue that concerns me relates to the Zillmere Railway Station. I have written Another issue concerning my electorate previously to Queensland Rail requesting that that I am pleased to mention tonight is the high priority be given to installing ramp access Nudgee boat ramp. Again, I am very pleased at that station. Zillmere has a high elderly to report to the Minister that I have had very population, lots of young people and mums good cooperation with his officers in the with children in prams. Every day one can see Marine Division in relation to the boating people struggling to get onto the station. The channel from the Nudgee boat ramp into area has a high need for facilities such as Moreton Bay. Over the past few months, 30 Oct 1997 Grievances 4187 many local fishermen have raised with me the together lost about half a million dollars in fact that boats are running aground regularly, funding for station improvements. at low tide in particular, as they try to go out for The difficulty with the Boondall Railway a spot of fishing on the bay. After Station is that for several years now the station representations to the department and staff have been operating out of a discussions I have had with—— demountable hut. Also, patrons at the railway Mr Johnson: Is that Ken Vaughan, is it? station, if they wish to use the toilets, have to Mr ROBERTS: Ken Vaughan has never go to a demountable hut. That is totally run aground while he was going out on unacceptable. I urge the Minister to ensure Moreton Bay. that that money for both the Banyo Railway Station and the Boondall Railway Station is The departmental officials were very reallocated as soon as possible. cooperative and helpful. They reported back to me regularly in respect of their investigations. I Mr Robertson interjected. am pleased to announce that they have made Mr ROBERTS: I am extremely angry the sensible decision to install marker beacons about that. to mark the boating channel. That will be very Mr Johnson: I didn't think you were an well received by my constituents. I hope my angry person. local newspaper gives me a run on that next week. Mr ROBERTS: I can get angry when I need to. The other issue that I want to raise and which is of concern to me is bikeways. I know Mr Johnson: So can I. that a significant amount of money has been Mr ROBERTS: I am sure the Minister can. spent by the department on installing The issue is a serious one. In particular, bikeways throughout Brisbane. I have a the Boondall North Railway Station is in need concern about safety issues arising from these of urgent attention. I ask the Minister to take a bikeways, particularly those installed on main personal interest and allocate that money as roads. In my electorate, bikeways have now quickly as possible. been installed from Nundah right through to Boondall. I have significant concerns for the Debate, on motion of Mr FitzGerald, safety of both bike riders and motorists using adjourned. that stretch of road. For example, heading inbound towards GRIEVANCES Nundah there is a section of road where the Year 12 Graduates bikeway is situated on a downhill run, and any motorists in the left-hand lane who wish to turn Mr SCHWARTEN (Rockhampton) left into any street have the additional hazard (12.05 a.m.): Tonight I rise to pay tribute to our of having to look over their shoulders to make young people in Queensland who are about to sure that there is not a bicycle rider speeding leave our school system after having down the road on their inside. I am extremely completed 12 years of formal education in concerned that there will be a serious accident both the State and independent systems. In involving a bike rider on this stretch of road. At common with many other members of some time in the near future, I will be seeking Parliament, I recently had the pleasure of to raise this matter more formally with relevant going to a speech night in my electorate, sections of the Minister's department, because namely, that for the Rockhampton High I believe it needs to be looked at very closely. School. I was quite taken with the ability of the The safety aspects of these bikeways have students there. That is the school that I not been fully considered by the department. I attended, and it is a school of which I am very am concerned for the safety of riders, in proud. particular children, who might seek to use We often do not pay sufficient tribute to these bikeways in the future. our young people. We hear far too many Finally, I wish to raise an issue in relation negative stories about them. Tonight I wish to to the Banyo Railway Station and the Boondall pay tribute to two students in particular who Railway Station. When Labor was in office, gave the valedictory speeches at that high money was committed to provide new stations school. Mr Speaker, I was so impressed by at Banyo and also at Boondall. Unfortunately, their very short speeches that I seek your after the change of Government the Treasurer indulgence and the permission of the House or someone else was searching around for a to have them incorporated in Hansard. bit of money, and Banyo and Boondall Leave granted. 4188 Grievances 30 Oct 1997

ALLYSON WOODFORD it be to anyone else, just how hot the big band, sax quartet, choir and concert band were Over the past four speech nights I have tonight. Congratulations go to all the talented attended, there are many moments that I can students involved with such menageries. recall, whether they be fond or interesting. Without the superb teachings, inspirations and Grade eight, the buzz and excitement of the up-beat aerobics of teachers, such as Leanne inaugural high school speech night and the thrill Mundt, Jordie MacDonald, Martin Thomas, and of reward, a celebratory Jubilee evening in instrumental teachers, Mr Maurice Watson and 1994, an interesting special guest speaker in Mrs Michelle Illot, a night such as this would 1995 which I'm sure most of you will remember not be possible. and now the joy of my first senior school speech night in 1996. The ever impressive green-thumbed powerhouse, Mrs Ellie Von Allmen, receives Throughout all the rush and last minute continuing thanks, not only for the marvellous changes, there have always been a few people green house that she has established around behind the scenes who usually are briefly our school, but also for the lend of the recognised at the end of such a vote of thanks. greenery you see before you. Not only do they spend their days teaching, administering and preparing reports, but they For the invigoratingly concise wrap up of the always have time for the reason that they are school mountain of curricular and extra here, their students. curricular activities I'd like to send accolades to fellow students and vice captains, Jackie Codd, Mrs Soans and a few department heads have Skye Brown, Sam Boyle, Doug Chippendale, spent a raucous past few weeks, grade seven and for his valedictory address, my partner in showcase, year twelve duties and tonight's crime , Steven Purcell. speech night organisation. Mrs Moore, as always, has kept the night running smoothly As we draw close to the end of a long evening, with their marvellous MC-ing and Mr Curran for I'm sure that in some way you will thank Leslie his usual high standard principal's report that Mitcham and her super team in Home Ec. For keeps most of us up to date within the school. the marvellous supper prepared. To Mr Brodie, Miss Franke deserves a mention at this point for the marshalling extraordinaire, the gurus in the without her organisational skills, most of the sound box, the amazingly patient lighting man awards presented here tonight would have on the ladder this afternoon, Miss Melanie gone to the first person to put up their hand "Stage Manageress" Brown, all of the teachers and say, "Yes, that's me!". All the department here tonight, we thank you for your ongoing heads, year masters and teachers have been support. subjected to monitoring, decisions and Thanks must go to the parents. They spend arguments to bring together the awards you every waking moment worrying about a see here tonight. I'd like to thank these people sometimes unassumingly unappreciative angel- for their on-going dedication and hard work. like teenager, who is tonight redeeming their Tonight we have been privileged to be faults, by making their parents proud. You entertained by professor Lachlan Chipman who deserve all the congratulations in the world. is well distinguished, both in presence and title. If there is anyone that I have left out, please He has shown the heart and brains of the future accept my apology. I'm not really rude, but as here tonight just how rewarding national someone reminded me earlier this evening, I am conscription, standing around on guard duty a bit slow in the head at remembering important and tunnel ball can in fact be. Personal thanks things for a long period of time. go to him for the content and presentation of Finally to the students. High school is an address, unparallel to those guest speakers supposedly a few of the best years of your life. over past years. Thank you. Don't trust anyone who says that. Purposefully Honourable Member for Rockhampton, Mr go out and make them the best years of your Robert Schwarten, Brad Neven, Capras one and only life. Take advantage of everything member and the ever distinguished heart and that this institution and those to follow, throw at soul of Rockhampton music appreciation, Mrs you. It will make you strong and appreciative. Helene Jones, have shown their support for the Take every day as it comes and make the most outstanding efforts of the students here tonight of every waking moment. Seize the day by by presenting the awards so rightly deserved. living life to the fullest, strive high and live hard. No speech night would be complete without Thank you. the effervescence and wisdom that is Mr Rob ... Hughes. Rob's contribution as the Vice President of a successful P and C Association STEVEN PURCELL and as an enthusiastic parent shows just how Human achievement: Neil Armstrong, "One small tightly the school works with its surrounding step for man, one giant leap for mankind." community. Martin Luther King, "I have a dream that one Even though I intended not to stick to highly day all men shall be equal." John F Kennedy, cliched terms, I don't think I could go past in "Ask not what your country can do for you, but saying that is no surprise to me and nor should what you can do for your country." Queen 30 Oct 1997 Grievances 4189

Elizabeth the First, "Sempea Eadeam—Always We shouldn't feel ashamed to honour those the same." Mother Theresa, Princess Diana, all who have achieved a goal. Whether or not a these people are great achievers. But what is value judgment is made, we must always Human Achievement? How is it defined. Is it remember, that as individuals we are all those above average? Is it measured by the achievers, and as humankind we can all share in height or breadth of our goal? these achievements. As Neil once famously Or is it simply the best you can do? When said, "One small step for man, one giant leap for trying to define Human Achievement, a value mankind." judgment is made. Like it or not, the term Mr SCHWARTEN: I believe one of the achievement, implies that "She is the best in her great joys we have as members of Parliament class", "He got the top score", "She ran the is the chance to participate in speech nights. fastest in the race". Biggest, Best, Brightest. This is the reason why some look sourly upon Mr FitzGerald: One of mine is on tonight. events such as speech night. In some aspects Mr SCHWARTEN: Unfortunately, that they are right, human achievement cannot be often happens to me; we are often down here measured so simplistically. when they are on. I guess that I owe the An individual's achievement can only be judged Leader of Government Business a vote of by themselves. By their own sense of self thanks, because he cancelled last week's worth. Their desire, and their motivation. But sitting of Parliament and I was able to go to the students you will see up here tonight have this one. made a great achievement - academic, sports or other extra curricular activities. Which are well Far too often we focus on the negative worth reward. Last night's art expo showed the side of young people's behaviour and not on diverse achievements of our schools art the overwhelming majority of our students, students, yet only a few of those you will see who are performing very well. These two up here tonight. students—Allyson Woodford and Steven Is that what it's all about. I think no. Many Purcell—gave excellent speeches. theories exist around the psychology of Time expired. achievement. Whether our motivation is derived extrinsically, by external rewards, or intrinsically, motivated by pleasure in an activity Wine Promotion Centre, Granite Belt Region for its own sake, or for self fulfilment. The difference being the concepts of work and Mr SPRINGBORG (Warwick) (12.07 a.m.): play. As one of the achievers of Rocky High, I I am pleased to inform the House that a can truthfully say that my achievement is due to $40,000 grant from the Government has been a good combination of both. All Grade 12 provided to the Stanthorpe Shire Council to students, whether or not they are here tonight, help build a wine promotion centre for the are motivated by the pressures of society to Granite Belt region. This one-off grant from the attain the "best OP". However, we have learned through the years, the personal satisfaction in Department of Tourism, Small Business and achievement. Our friends, teachers, and Industry will be used to establish a centre families, have inspired within us the confidence, which will truly showcase the State's wine the ambition and the sense of self worth to do industry. our very best. An achievement we can all share The Granite Belt is the most recognised in. winery region in Queensland. In fact, it is the But you will see many new faces, many new gateway from the southern States to our wine talents, many new achievements. The school industry. There are currently 18 wineries in the tries its best to honour students in all their Granite Belt region spread over a 60-kilometre achievements, unfortunately everyone can't stretch of the New England Highway. The receive a certificate. So I would like to take this opportunity now to honour those who were not Toowoomba and Golden West and Southern up here tonight, to let them know that a Downs Joint Regional Tourism Strategy certificate does not symbolise achievement. identified wineries as a major tourist attraction The true essence of achievement is in our faces in the region. With this in mind, the new tonight, and in the faces of those who are here Stanthorpe centre will not only become the to support us, as we all share in our common focal point for the promotion of quality successes. So Human Achievement. Mrs Smith, Queensland wines but will also promote the mother of five, holding down a regular job. Joe Granite Belt as a unique tourist destination Black, works at the post office. Never aspires featuring scenic beauty, a broad agricultural to promotion, but always makes it home by five base and national parks. to play with his son. A Downs Syndrome child takes his first step. All these people are There has been no greater advocate for achievers. The only difference between these the State's wine industry in this House than people and the students you will see up here the Minister for Tourism, Bruce Davidson. As tonight, is a small piece of paper. many will be aware, the Minister has been the 4190 Grievances 30 Oct 1997 architect and vocal supporter of the at the hospital for it to open. Feel their formulation of a State Wine Industry pain and frustration. Development Project. This project, developed ... in full consultation with the wine industry, aims to double the Queensland wine industry's It seems that this Minister thinks this turnover from $17m to $34m over the next area belongs to the Coalition and the three years. people will accept anything they dish out." I commend the grant to the Stanthorpe That situation is an absolute outrage. Let us Shire Council and the State Wine Industry have a look at some of the promises which Development Project to this House. Whilst I have been made on starting dates. In answer am on this subject, I would also like to place to questions on notice that I asked back in on record in this Parliament my thanks to all of April 1996, the Minister said— those members from both sides of the House "It is anticipated that the ... Centre who attended the recent wine-tasting at will open in April/May 1997." Parliament House. Members were probably very pleasantly surprised with the quality of In the same answer he said that the functional wines on offer from the Granite Belt and the plan would be completed by mid May 1996, South Burnett, which goes to prove that this the call for tenders would be in October 1996 State has done a lot over the past few years and construction would be completed by to increase the quality of the wines in this August 1997. The centre was supposed to be State. opened by August 1997, yet we see the first Time expired. sod turned in October 1997. Time expired. Palm Beach Community and Dental Clinic Mrs ROSE (Currumbin) (12.09 a.m.): Last Mr G. Jacobs; Nike week we saw the first sod turned on the site of Ms WARWICK (Barron River) the Palm Beach Community Health Centre (12.11 a.m.): It gives me great pleasure to tell and Dental Clinic in Fifth Avenue, Palm Beach. the House about another success story from One would expect that such an event would Barron River. Members will recall that I spoke cause some excitement in the community or at length about the 1996 UCI World Mountain even get a few accolades, but has it? I regret Bike Championships which put Cairns firmly on to say: no, it has not. Why? Because this the sports world stage. A scenario that was Government through the Health Minister has acted out behind the scenes at the 1996 made so many promises about when work event is set to deliver Cairns continued would start on the centre and when it would recognition and kudos. It involves Mr Glen open and has broken those promises that Jacobs, a constituent of Barron River, who people just do not have any faith in what it designed the Cairns course and who has just says! People might have thought, "Has the returned from Europe where he has been Government just sent in a backhoe to push designing mountain bike courses. around a few mounds of dirt? Can they really be serious about finally starting construction of During Glen's overseas travels, he met up the building? We will wait and see." with two European officials from Nike who told him that the company's new flagship shoe Let us examine the feelings of a would be a mountain bike shoe named pensioner whom this Government has "Cairns". Apparently three Nike representatives deprived of the desperately needed dental flew into Cairns the day before the downhill clinic in Palm Beach, and I will quote from this final at the championships last year with a pensioner's letter. It states— prototype of the new shoe. It is reputed to be "The wait for a dental exam is more the most expensive shoe that the company than three years. has ever developed and has been built to The wait for false teeth is more than withstand all the stresses of mountain biking. six years. The shoes have now apparently been developed to a point where they are ready to ... go into full production. The reason for the We had hoped that the Minister was decision to call them "Cairns" is two fold: firstly, fixing the waiting list but he is spending because a Frenchman wore the prototype millions for nothing instead of doubling when he won the world championships in the service ... Tell that to the forty or fifty Cairns last year and, secondly, because Cairns people who wait outside the dental clinic is now known around the world as "the 30 Oct 1997 Grievances 4191 destination for mountain bike riding these easy and, having suffered a heart attack last days". year, it was clearly at a cost to Sister Glen Jacobs is quoted in the Cairns Post Lawrence's health. It would be remarkable for of 30 September as saying— any member of the lay community to do the sort of job that Sister Lawrence has done, but "It's an amazing honour for Cairns as her efforts are even more praiseworthy when well as the sport of mountain biking one considers that it has all been part of her putting the city on the map. One of the religious vocation and for no earthly and world's biggest, most recognised financial rewards. companies is now going to help do that as well." Sister Lawrence has also seen the importance of supporting local community He went on to say— groups, such as ARAD, and was recognised "It makes me feel very proud of what by Rotary International, being awarded the we've been able to achieve here in really prestigious Paul Harris International Award. putting Cairns on the map with this sport Sister Mary Lawrence, from the people of and it just goes to show that it's not just a Wynnum, Manly and Lota, I say to you: sport, but a multi million dollar industry. "Thank you for the elderly you helped, for the The benefits are enormous and they're lonely and the sick you gave comfort to, for only just starting to reveal themselves in the future which you provided for and for the all different levels." rest of us you gave inspiration to." Glen Jacobs has just arrived back from his international experience of designing mountain bike courses. I would like to salute Construction Training Centre him for the wonderful work that he is doing in Mr CARROLL (Mansfield) (12.14 a.m.): helping to put Cairns on the world stage in On 15 October 1997, two other members of terms of mountain bike course design and the this House and I attended the Construction sport of mountain biking. Training Expo which was held at the Construction Training Centre at Salisbury. Sister Mary Lawrence That really is a magnificent training facility Mr LUCAS (Lytton) (12.13 a.m.): In the and the expo impressed me. The long-term short time available to me this morning, I aim of that Construction Training Centre is to would like to pay tribute to a woman who has provide a one-stop training shop for the served the people of the bayside, the elderly building industry by bringing south-east and the sick, and the Catholic Church with Queensland's construction and building distinction, compassion and commitment. training providers to one location to provide Sister Mary Lawrence of the Sisters of structured and accredited training in a range of Nazareth has now been transferred from skill areas where currently no such training Nazareth House at Wynnum, where she has exists. Training providers have access to the been stationed for the past 15 years, to a new latest equipment and machinery to train position at Nazareth House, Tamworth, New apprentices and trainees. Because of the size South Wales. During her time as director of of the site, another important benefit for both care at St Mary's and St Joseph's at Nazareth students and trainers will be the opportunity for House, Sister Lawrence not only treated the them to work on full-scale, simulated residents—all elderly and many infirm—with construction projects. compassion and dignity, but also added a The centre is located on 12.5 hectares of dynamic flare for the building and land previously owned by Evans Deakin. The development of facilities that makes Nazareth site was purchased in 1994 by the House the envy of many other aged care Construction and Training Centre and TAFE facilities. Queensland and already houses the Building Last week I had the privilege of being Industry Group Apprentice Training Centre and present at a farewell for Sister Lawrence, the Construction Skills Training Centre. The which was an opportunity for those who are construction industry's training advisory board, really important—the residents—to express Construction Training Queensland, plans to their views. I was touched by their genuine move to the site next year. This centre is a outpouring of love and gratitude for someone magnificent example of Government and who has given so much to the residents, to industry working together for the good of all. her order, to the church and to the local The State Government's contribution to the community. The work has not always been centre was $6.25m. 4192 Grievances 30 Oct 1997

I was pleased to attend the construction police station—incidentally, another initiative of expo with the Honourable Minister Santo the former Labor Government—had been Santoro and Opposition member for Bulimba, taken off-line in responding to calls from the Pat Purcell. Having witnessed the progress public in patrolling that part of my electorate and obvious potential of the training centre, I covered by that station. have no doubt that industry and Government The Minister for Police claims that under have reshaped the training system in the Liberal/National Party Government, the Queensland. Together we created a training quality of service offered by the Police Service system which is more flexible, easier to access has improved, yet again the facts reveal and more responsive to the training needs of otherwise. Last Monday night, a constituent's industry. This should be a great benefit for all car was broken into and the contents stolen. Queenslanders. On discovery of this break-in, my constituent The centre will assist our building and phoned the Mount Gravatt police, only to be construction industry to meet future demands told that the police could not come out to the and provide industry with a constant stream of scene of the crime because they were short of trained, multiskilled workers to meet those staff. They asked him if he could drive his car demands. I congratulate all involved, to the Acacia Ridge station so that it could be especially Hugh Hamilton, who was of inspected and fingerprinted. particular assistance back in June 1995 to the Mount Gravatt Showgrounds Trust. Although disgusted at this lack of service, my constituent drove to Acacia Ridge to report Time expired. the crime. He was told by the only police officer on duty that night that his car could not Police Station, Sunnybank be fingerprinted because the officers trained in this procedure were not available. He was then Mr ROBERTSON (Sunnybank) asked to come back the next day. When the (12.16 a.m.): The Minister for Police talks car was finally fingerprinted the next day, about how many extra police have been predictably, nothing was found. employed since the Liberal and National Parties came to power. He regularly rattles off Time expired. electorate after electorate, quoting figures indicating alleged increases in local police numbers, yet the one electorate that the Mr T. Kelly Minister for Police never mentions is Mr MALONE (Mirani) (12.18 a.m.): When Sunnybank—and for good reason: this this Government was elected, we undertook to Liberal/National Party coalition Government provide a level of support and assistance for has ignored Sunnybank over the past 18 the areas of regional Queensland which for months. too long had been ignored by Labor. There is Let us look at the abysmal performance a strong recognition by this Government that of this Government when it comes to police regional areas have their own particular resources in Sunnybank. At the 1992 and problems, many of which are highlighted by 1995 State elections, the Liberals promised isolation and lack of access to facilities which that a 24-hour police station would be built in people in urban areas take for granted. Sunnybank in their first term of office. Not only I am delighted that my colleague the has this Government failed to deliver on this Minister for Tourism, Small Business and promise despite constant requests by myself, Industry continues to ensure that the but the work started by the former Labor department provides a growing reservoir of Government to identify suitable sites for a services for people in our regional centres. police station in Sunnybank has been One of the latest of such appointments has scrapped. been of particular relevance to me as member The Minister for Police claims that the for Mirani. I refer to the appointment of Mr police numbers have increased—but not in Tony Kelly as regional business adviser to the Sunnybank. When I visited the Acacia Ridge Whitsunday area under the auspices of Police Station only two weeks ago, I found Minister Davidson's Regional Business only one police officer on duty who did not Development Scheme. There is no doubt in even have access to a vehicle. Officers who my mind that Mr Kelly, who has a strong were supposed to be on duty had been taken business background with private enterprise in away to perform prisoner transport duty and such areas as electrical engineering, retailing the station's police vehicle had gone with and tourism operation and marketing, will be them. Effectively, this recently refurbished able to provide invaluable support to the wide 30 Oct 1997 Grievances 4193 range of new and existing small-business they then have no haven to which they may operators. return. In the case of two elderly siblings, when I also believe it is appropriate to convey one has to sell to raise the iniquitous entry fee, my congratulations to the Whitsunday the other has nowhere to live—and I have Regional Development Organisation which has personal knowledge of this situation. sponsored the appointment of the adviser to In many cases, two elderly people live cover the shires of Bowen, Burdekin, Charters together, solely within the bonds of friendship Towers and Whitsunday. Mr Kelly faces a and mutual convenience. They receive no considerable challenge, as the Whitsunday consideration from the uncaring machine men and Burdekin areas are expanding rapidly. I and women of the Liberal Party. The family am aware of a number of companies which home is usually excluded from considerations have already contacted Mr Kelly to utilise his when a means test of any sort is applied, and expertise in the marketing of new this should not be overruled by the whim of a technologies. Government which will not face up to its The size of the task faced by Mr Kelly is responsibilities. highlighted by the fact that the area he will If elderly people desire more luxurious service is larger than the entire State of surroundings, and they can afford it, they Tasmania and has a population of 62,000 should have the choice of purchasing services people. In Bowen, he is already providing above the average. If they want and need advice to local business in regard to improving reasonable and standard services, they should their profitability and management skills to not be asked to sacrifice their only asset to assist them in being less dependent on the provide capital— future of the Bowen coke works. Through programs such as the regional business Time expired. development scheme—— Time expired. Australian Tourism Exchange Mr HARPER (Mount Ommaney) Nursing Home Fees (12.23 a.m.): Two weeks ago the Minister for Mr ARDILL (Archerfield) (12.21 a.m.): The Tourism, Small Business and Industry sheer heartlessness of the Howard Liberal announced yet another coup for Queensland. Government should now be clear to every In the face of concerted bidding from both thinking person. Not only is the Government Melbourne and Sydney, Brisbane will, for the continuing with reducing the workers of first time, host the Australian Tourism Australia into a mass of unemployed in the Exchange in 2001 and 2002. I do not want name of efficiency and economic rationalism, members opposite to underestimate the but it has now decided that the most importance of this announcement for vulnerable section of the community—the frail Queensland tourism. aged—must take over the Government's duty The Australian Tourism Exchange is the to provide capital for nursing homes. Those largest travel fair in the southern hemisphere. who thought that "There is no difference" It is the annual means by which Australian between Labor and Liberal should now realise tourism operators sell their product to overseas their mistake. buyers. To hold this event in Queensland, in Perhaps the top-money people and the two such important years as 2001 and 2002, jetsetters do not have any love and is a major coup for our State. 2001 and 2002 attachment for the family home, but the are the two years identified as having the average family does, whether they be farmers greatest potential for tourism as a result of the or city dwellers. It is the place which Sydney Olympic Games. Thanks to a encapsulates all their joys, their happy times, worldwide media audience throughout the their sad times, and their triumphs. It is a Games, the world tourism market focus will be haven to which they can always return. To be on Australia for a number of years. told that they must sell the family home and For Queensland to play host to the cream burn their bridges would be the most of tourism buyers from around the world in devastating aspect of entry into a nursing these key years can only reap enormous home. benefits for our industry. Through the ATE, When they are treated like trash, as they and through pre-touring and post-touring are in some nursing homes, or even when around the State, buyers will see firsthand just they are subject to some measure of control, how good is our tourism product. Never before which is anathema to many elderly people, have Queensland tourism operators had a 4194 Grievances 30 Oct 1997 better chance to push their products in Young offenders serving time for their overseas markets. mistakes should be secure and able to serve As well, ATE is attended by travel and their sentence. What we have with this tourism media from around the world, which advertising campaign is a clear waste of should result in significant media coverage in taxpayers' money. Everybody knows that the important international trade media. As a Queenslanders do not need a taxpayer- trade fair, ATE in 2001 and 2002 is a major funded advertising campaign to know that a win for Queensland. Eight hundred person is not safe in prison because in the last international travel buyers and 1,200 month we have had to experience the horror Australian travel sellers will converge on of two inmates being murdered in the Brisbane for ATE and will travel around the Woodford prison. State before and after the fair. As an The pathetic response of the Government opportunity to showcase our tourism product, has been to simply sack the prison the potential benefits for Queensland are administrator; yet, with a nod and a wink, at immeasurable. the same time the television advertisement— I commend to the House all those Time expired. involved in putting this unbeatable bid together, including the Minister, the Queensland Tourist and Travel Corporation, Hymenachne Brisbane Tourism and the Brisbane Mr ROWELL (Hinchinbrook) (12.27 a.m.): Convention and Exhibition Centre. Hymenachne is becoming a major pest, blocking waterways throughout the tropics. The water-based perennial grass was State Government Advertising introduced from southern and central America Hon. K. W. HAYWARD (Kallangur) for ponded pastures. The leafy, vigorous (12.25 a.m.): I rise to protest at the taxpayer- growing plant flowers prolifically during the wet funded State Government advertisement months of the year from April to May. The which says that the law has changed to seeds and other plant parts of the grass can enable younger people to be imprisoned. This be carried in streams, spreading the species to disgraceful advertisement is not about other locations. It has the capacity to inundate information to the viewer about the changes in other vegetation and stagnates water, the law; it leads the viewer to believe that a reducing the oxygen levels and affecting fish young person is not safe in prison and is at populations. Control by herbicides is being risk of harm—harm sanctioned by the investigated, but difficulty arises in treating Government. I think it is an absolute disgrace. areas where the hymenachne is growing in In this advertisement the Government is water. saying that changes in the law have been The upper reaches of the Ripple Creek made to enable it to gaol people at a younger drainage scheme in the Ingham district are age, but the same Government cannot becoming infested. The substantial rainfall guarantee their safety once they are in gaol. during the usually drier months of the year has Constituents have expressed disgust to me made it difficult to control hymenachne. about this advertisement. Surely it should be Sugarcane growers in the area have suffered mandatory for a Government and the losses of ratoons and plant cane through responsible authorities to take all steps to these wet conditions. Extensive planning has ensure that a person is safe in our society, been carried out and approvals given to even if they are in prison. resolving the excessive water levels on farm But what do we have here? What we land. Growers have been waiting patiently for have here is a Government advertising the green light to be given for Sugar Industry campaign which acknowledges the lack of Infrastructure Package funding to be released safety—the Government's inability to protect a to overcome drainage problems and allow the person even in prison. By this advertisement water levels to be reduced so that the this Government sanctions the lack of safety hymenachne infested drains can be treated. of people in Queensland's prisons. It Other projects involved in the package have advertises the dangers. We can only imagine yet to be finalised, resulting in the curtailment what the dangers are. No doubt they include of activities across-the-board. It would be the danger of being killed, the danger of being appropriate to consider initiatives that have the assaulted, and the danger of being approval completed in isolation from others. sodomised. That needs further planning to take place. It is 30 Oct 1997 Grievances 4195 a matter that needs further investigation by know the contempt with which this the authorities. Government holds the people of Mount Coot- tha. Police Stations, Mount Coot-tha Electorate Time expired. Mrs EDMOND (Mount Coot-tha) (12.30 a.m.): Today is a sad, sad day for the Hotel Development, Mooloolaba residents of Mount Coot-tha. Today is the day Mr LAMING (Mooloolah) (12.32 a.m.): In when each and every police station was the Sunshine Coast Daily of Wednesday of flogged off by this Government, removing this week there was a report of a new every trace and every sign of police presence development: a $100m hotel that is proposed from Mount Coot-tha. It is a disgrace. The for the area and which could be under way by people of that electorate have been treated as early as June next year. The Sunshine with contempt. Coast building firm Forrester Parker has signed Before the last two elections, members of a contract to redevelop that area into a four- this Government went around whipping up law star hotel with strata title development and order issues, trying to frighten elderly featuring 380 rooms and retail facilities. citizens into believing that crime was just This development has been anticipated around the corner. Now they have taken away for a number of years. Not only locals but every single police station in the area. They visitors to the Sunshine Coast would be aware are saying to the people, "We whipped you up that for about the past five years we have had and frightened you, and now we are saying some behaviour problems in what is known as that we don't care." That is the message they the nightclub strip area of Mooloolaba. It has have given to every elderly citizen. taken the combined efforts of police officers, Just because the Police Minister owes his licensing division officers, the local council, the political life to the member for Indooroopilly, local chamber of commerce and various the people of Paddington, Bardon, Red Hill, bodies to try to rectify this problem. They have Ashgrove, Toowong, Milton and Auchenflower all been working very well. should not have to pay. They do not have a One initiative that has been introduced police station in any one of those suburbs just enables police officers to use SETONS to because the member for Indooroopilly set up book people for drinking alcohol in public. This a biased inquiry to save the Police Minister's has helped to create a better situation in that life. area. I am sure that the citizens of the Over the past five years, the people of Sunshine Coast and visitors to the area will be Mount Coot-tha have enjoyed good police looking forward to this development protection with community policing. The police contributing towards a new culture at knew the area, they knew the citizens, they Mooloolaba. It will be a very good knew the miscreants and they knew where the development. It shows confidence in the problems arise. How can the police possibly do Queensland economy and in the Sunshine that when they now have to cover the area Coast in particular. It will bring building jobs to between the city and Bellbowrie? They do not the coast and jobs within the development. I know anyone. And when one rings up a police wish all concerned with that project all the very station, they say, "We haven't got a car to best because it is something that Mooloolaba send anyone out in, anyway." has needed for a long time. Mr Santoro interjected. Mrs EDMOND: The Minister would not Job Losses know, because he does not even turn up Mr PEARCE (Fitzroy) (12.33 a.m.): Since when he is expected. coming to power, the Federal Government, The police presence has been removed under Prime Minister John Howard, has completely from my electorate. The people of inflicted job losses and job uncertainty on Mount Coot-tha are saying that they are Australian workers. The industrial relations disgusted, and I do not blame them. Today I reforms of John Howard allow big employers to tabled a petition which came in over the last run rampant, sacking workers, extending hours couple of days. It has been circulating for less of work and using contractors. Both the State than a week, but it contains over 300 and Federal Governments are guilty of aiding signatures, and there will be more coming. and abetting multinationals in their abuse of The people of my electorate will make their the industrial relations process, which is votes count in the next election, because they weighted against the worker. 4196 Special Adjournment 30 Oct 1997

I recently wrote to the Prime Minister confidence. They are frustrated. Anger is expressing my concerns about this issue. All growing, but the conservatives choose to members would know that I was a coalminer ignore it. As I said in my letter to the Prime before being elected to Parliament, and I have Minister— been a hands-on worker all my life. Because "Call the dogs off, because there is of my humble background I remain close to growing frustration and anger that will ordinary Australians. I have experienced tough lead to confrontation in the streets. times. I know what it is like to go without a People will get hurt, and you as Prime feed, and I know the personal satisfaction of Minister will have blood on your hands." having a job. I also know what it is like to have my workplace suddenly closed after being It is about time that the Prime Minister and promised a lifetime of work. I know the pain conservative Governments at State and that job losses and job insecurity bring to Federal levels woke up to themselves. those affected by them. I see now, as the local member, the impact of this sort of event on the social infrastructure of towns and the SPECIAL ADJOURNMENT family unit, and I know what the loss of pay Mr FITZGERALD (Lockyer—Leader of packets does to small businesses. This is Government Business) (12.34 a.m.): I move— Australia. Our people expect, and have a right "That the House, at its rising, do to have, certainty about bringing home a adjourn to a date and a time to be fixed livable wage so as to provide food for the by Mr Speaker in consultation with the family, buy a car and pay the home mortgage. Government of the State." Australia as a nation must have real jobs for its people. Conservative Governments in Motion agreed to. Queensland and in Canberra have failed. The House adjourned at 12.35 a.m. They offer no hope. The people have lost (Friday).

J. R. SWAN, GOVERNMENT PRINTER, QUEENSLAND—1997