19 Jul 2000 Legislative Assembly 2125

WEDNESDAY, 19 JULY 2000 abolish the current State Government Fuel Subsidy Scheme. Petitions received.

Mr SPEAKER (Hon. R. K. Hollis, Redcliffe) read prayers and took the chair at 9.30 a.m. PAPERS MINISTERIAL PAPERS The following papers were tabled— PRIVILEGE (a) Minister for Health (Mrs Edmond)— Brisbane Light Rail Project Report under the provisions of s.56A(4) Hon. S. D. BREDHAUER (Cook—ALP) Statutory Instruments Act 1992 (Minister for Transport and Minister for Main concerning extensions to the expiry of Roads) (9.31 a.m.): I rise on a matter of certain health subordinate legislation privilege. I refer to a matter raised in (b) Minister for Aboriginal and Torres Strait Parliament by the member for Gregory Islander Policy and Minister for Women's yesterday. The process used for the Brisbane Policy and Minister for Fair Trading (Ms light rail was two stages commencing with an Spence)— expression of interest, which yielded a short list Report on official visit to Canada and the of four consortia who were then invited to United States. submit a detailed proposal for evaluation in accordance with the project brief. The brief documentation does include references to MINISTERIAL STATEMENT tenders but, as I advised the House, it was not Childers Backpackers Hostel Fire an open tender process and at all times the Hon. P. D. BEATTIE (Brisbane Central— Government reserved the right to reject any or ALP) (Premier) (9.33 a.m.), by leave: The all of the detailed proposals. tragic fire at Childers on 23 June cost 15 young lives and caused terrible trauma to the PETITIONS families and friends of those young people as well as to the survivors and, of course, to the The Clerk announced the receipt of the people of Childers. It also exacted an following petitions— emotional and economic toll on the people of Childers. Petford Training Farm The people of Childers have shown From Mr Beanland (40 petitioners) incredible strength, compassion and sensitivity. requesting the House to call on the Minister for Today, on behalf of the Parliament and the Families, Youth and Community Care to people of Queensland, I want to pass on our reconsider the decision to cease funding for thanks to the people of Childers for their the Petford Aboriginal Training Farm and fortitude and the way that they have handled reinstate financial support and assistance. this crisis. I join with the local member, Doug Slack, who made appropriate comments yesterday. They have opened their hearts to Land, Mount Gravatt-Capalaba Road, the survivors of the fire and to the families of Wishart those lost in the tragedy. They conducted a From Mr Reeves (2,178 petitioners) dignified and moving memorial service just requesting the House to recognise that the days after the tragedy, and I think we would all land located at 305 Mt Gravatt-Capalaba agree—I know that the member for Road, Wishart is heavily timbered and the sale Bundaberg, the Leader of the Opposition, the and subsequent development of this land will Leader of the Liberal Party as well as my not only result in the destruction of this ministerial colleague Stephen Robertson were bushland but will also be contrary to the there—that that memorial service was a key reasonable expectations of residents, part of the healing process. The people of particularly given that the land is zoned Special Childers have supported and comforted each Uses—Education. other during this difficult time. My Government appreciates and acknowledges the efforts of the people of Fuel Subsidy Scheme Childers. We also want to extend a hand in From Dr Watson (321 petitioners) these difficult times. The State Government requesting the House to call on the Premier of has placed a message of condolence to the Queensland, Hon. Peter Beattie MLA, not to families of the victims in the Guardian 2126 Ministerial Statement 19 Jul 2000 newspaper in Britain at a cost of approximately part of that. We would hope that all $20,000, although we have not received the Queenslanders and all Australians donate bill yet. That is part of the healing process and, generously to assist that community. As well, of course, we are doing what we can to ensure the business support function of the that British backpackers and their families Department of State Development will help know that Queensland and Australia are safe assist those businesses directly affected by the destinations to visit. I made considerable effort fire. I have arranged for the mayor to talk to while in Britain and Ireland to convey that the Deputy Premier a little later today. message to the British and Irish people. While The people of Queensland will not forget I was in Britain, as I indicated, I spoke to two of that tragedy that has touched Childers. As part the families who had lost loved ones in the fire. of our commitment, I table a copy of a letter I That was one of the most difficult things I have have written today to the mayor which spells had to do as Premier, but I believe it was out the details of the assistance package and important to do so on behalf of the State. the assistance that we will continue to provide I advise the House today that we have to this community. I want to conclude by also provided assistance to six families of saying that the people of Childers have shown those who lost their lives in the fire by helping that they are great Australians and great them to travel to Queensland, that is, the Queenslanders. They have shown that great families of the deceased. There have been quality that all Australians have, that in one family from Japan, one from Ireland and adversity they bind together as a community; four from Great Britain. We have discussed from that strength they support one another, with Qantas and British Airways a cheaper air and they have done Queensland proud. fare. We are, in fact, paying that cheaper air Again, on behalf of this Parliament, I thank fare, and I thank Qantas and British Airways them for what they have done. for their assistance in this matter. I have written to the Mayor of Childers, Bill MINISTERIAL STATEMENT Trevor, this morning and I had a long Investment in Queensland discussion with him last night as well, advising him of the State Government's assistance to Hon. P. D. BEATTIE (Brisbane Central— help the people of Childers rebuild their ALP) (Premier) (9.40 a.m.), by leave: Over the community. I indicated to the local member, past two years, since coming to office, my Doug Slack, last night privately that I would be Government has created 82,700 jobs. Today I making this statement today spelling out the want to spell out where some of those jobs assistance. We will contribute $25,000 towards have come from and where some of those the cost of erecting a memorial in Childers, new jobs will be in the future. Our focus and I spelt out to the House yesterday the remains clearly on jobs, despite what some of details of that. In addition, there will also be the doomsayers say. As part of my $25,000 paid in compensation to the Isis Government's strategy, we will continue to Council for hosting the memorial service and promote Queensland around the world as the associated costs. The council moved quickly to best place in which to live and invest. provide support for the backpackers in terms of This morning I spelt out very clearly to a food and accommodation and there were business breakfast which was addressed jointly associated costs. We are contributing $25,000 by the Treasurer and I that we are keen to see to the council for those costs as well as any this partnership between the Government and costs associated with the memorial service. the private sector which will deliver jobs. It is In addition, temporary accommodation for particularly pleasing that a lot of these backpackers visiting Childers will be investments are largely in industry sectors established. One of the key points the mayor representing the new economy, particularly in has made to me is that they need temporary telecommunications and IT. Our strategy is to accommodation to assist in putting up embrace the jobs of tomorrow, particularly in backpackers as part of the picking season. biotechnology and IT, as well as enhancing That will be at a cost of $75,000 from the the traditional industries such as primary State Government. We will provide that. To industries, mining and tourism. That is one ensure ongoing support, we will assist in the reason why the Mining Centre of Excellence establishment of an appeal fund to be has been established at the University of managed by the council. There are always Queensland. legal requirements that have to be met here. I Since we have come to office, the indicated to the mayor that we felt that he and Government, through a number of the council should run it and that we would be departments, particularly the Investment contributing the funds I have referred to as Division in State Development, is working in 19 Jul 2000 Ministerial Statement 2127 association with overseas offices and the State was happy to give the small acknowledgment Development Centres to attract investment to that those opposite are entitled to. I did it with Queensland and has been successful in grace. I was prepared to give them a small attracting a large number of new investments. acknowledgment. It was only a tiny speck and They include: AAPT, the national headquarters we have turned it into a mountain; that is the for mobiles, 381 new jobs; Austar difference. We are going to continue to build Entertainment Pty Ltd, national operations, mountains such as this. We will drive for jobs, 1,000 new jobs; ATCO Structures, expansion jobs, jobs and seize every opportunity from the of manufacturing activities, 10 new jobs; expansion of Boeing around the world. I have Australian Provincial Newspapers, financial only outlined to the House a tiny microcosm of services unit, 40 new jobs; Bechtel, Australian our jobs program. This is only a tiny area headquarters, 200 new jobs; Berri Ltd, effectively being managed by the Deputy Queensland processing plant, 30 new jobs; Premier on behalf of the Government. It is Citibank, customer service centre, 260 new happening across Government in a range of jobs; DHL/Oceania, shared services centre, departments. 225 new jobs; Electronic Arts, Asia-Pacific However, I want to make the point that software centre, 75 new jobs; Hatch from time to time some criticism is directed at Engineering, regional headquarters, 200 new Government for encouraging these projects to jobs; IBM, Asia-Pacific call centre, 70 new jobs; come to Queensland. It is a very ugly and Indus, regional headquarters, 50 new jobs; Jet competitive world out there. We have to Care, maintenance facility, 93 new jobs; and ensure that we attract the new industries of Kerry Ingredients, principal Australian plant, tomorrow. In relation to Virgin Airlines—the 130 new jobs. major component in the package to attract While I was in Ireland, I spent some time Virgin Airlines was a payroll tax holiday for a at a function held at the Australian Embassy in short time. If Virgin did not base its operations Dublin having discussions with one of the main in Queensland, we would not be getting that players in Kerry Ingredients. I indicated to him payroll tax anyway. In other words, we are our strong support for his expansion into giving up virtually nothing to attract that Queensland. We want to continue to see a venture to Queensland—a venture which will further investment from Kerry Ingredients. lead to benefits such as training Recently, I visited its new plant, and I know Queenslanders to get a job with Virgin Airlines. that it will be expanded. The list also includes: Laminex Industries, One thing that impressed me at the Virgin expansion project, 25 new jobs; Mills Tui, Airlines launch, which was also attended by emergency vehicles, 66 new jobs; there are a the Minister for Tourism and Racing—the large number of new jobs in association with Deputy Premier was at another function—was Oracle's software development centre; P & O that a large number of young Queenslanders Nedlloyd, shared services centre, 140 new were getting jobs with Virgin Airlines. We are jobs; Pioneer, national customer service not talking about people who are necessarily centre, 75 new jobs; Qualiflyer, customer care wanting to be rocket scientists; we are talking centre, 85 new jobs; Quantum ATL Products, about ordinary, decent Queenslanders who Asia-Pacific headquarters, 12 new jobs; Red are getting a job as baggage handlers, Hat Asia-Pacific Pty Ltd, Asia-Pacific hostesses, stewardesses and clerks. We are headquarters, 60 new jobs; Saville Systems, talking about decent Queenslanders getting regional headquarters and R & D centre, 100 jobs through our support for this proposal. new jobs; Stellar, Asia-Pacific call centre, 200 Let me make it clear: this Government will new jobs; Varley Holdings Pty Ltd, continue to seize with both hands every manufacturing workshop, 80 new jobs; World opportunity it can to encourage that level of Association Surfing Professionals, world investment in this State, because when it headquarters, 10 new jobs; Virgin Blue, comes to tourism the impact of Virgin Airlines Australian airline headquarters, 700 new jobs. will be dramatic. Not only will it produce We also finalised the Boeing expansion— cheaper prices; it will also allow people who are which involved some initiatives from the otherwise unable to afford it to fly. That means previous Government—leading to 500 new a better quality of life. All the packages that we jobs. put up are reasonable and sensible. They are Mr Borbidge interjected. constructive. Notwithstanding those who seek Mr BEATTIE: No, I am fair about this. We to undermine it, these initiatives are good for finalised it and made it happen. We took it to Queensland. If it is good for Queensland, we the next stage with a second-tier expansion. I will support it. 2128 Ministerial Statement 19 Jul 2000

MINISTERIAL STATEMENT and her mountain home at Tamborine. As a Ms J. Wright poet, Judith Wright won deserved international acclaim for her championing of indigenous and Hon. M. J. FOLEY (Yeronga—ALP) environmental issues. Her poetry recognised (Attorney-General and Minister for Justice and Aboriginal people and their land rights as Minister for The Arts) (9.45 a.m.), by leave: I central to an understanding of Australian rise to pay tribute to Queensland poet, short culture and she drew great inspiration from her story writer and critic Judith Wright McKinney, personal friendship with the poet Oodgeroo who died three weeks ago aged 85. Australia Noonuccal. and the world owe a great debt to Judith Wright. Her poetry will continue to inspire The first volume of Judith Wright's Australian writers in the future, as it has writers autobiography Half a Lifetime, published last of the past six decades. This evening at Old year, finished with these words— Parliament House in Canberra, I shall attend a "To all of the peoples of the old and gathering to honour her life and work. I know I true Australia on whose land I have am joined by the shadow Arts Minister, Joan trespassed and whom, by being part of Sheldon, in expressing deep respect for Judith my own people, I have wronged, I plead Wright and her poetry. for forgiveness. To all of them I owe that Judith Wright's contribution to overweighing debt of life itself, and to all reconciliation between Aboriginal and white of them I now bend my head and say Australians and cohesion in Australian society sorry. Sorry, above all, that I can make as a whole made her unique. Many describe nothing right." her as Australia's greatest poet, and I Her death diminishes us, but she taught us of respectfully concur with that view. Last year I things beyond mortality, as in the final words of had the honour of inaugurating the Judith her poem Nameless Flower, about the Wright Calanthe Award for Poetry at the 1999 Calanthe orchid— Brisbane Writers Festival. At the time of the "The words are white as a stone is white inauguration of the Calanthe Award, Judith Wright wrote— carved for a grave; "Poetry is a most important bridge but the flower blooms in immortal light, between people and that my name being now, being love." should be given to this award is an honour indeed." MINISTERIAL STATEMENT The $15,000 Judith Wright Calanthe Award is presented annually for the best collection of Education Queensland International poetry by an Australian poet in the preceding Hon. D. M. WELLS (Murrumba—ALP) year. (Minister for Education) (9.50 a.m.), by leave: Judith Wright was a child of the bush. Her Today I will launch Education Queensland early poems speak of bullockies, country towns International—a new branch of the and soldiers' farms. Born and raised on the Department of Education of the Queensland New England tableland, she spent much of Government, responsible for international her life in Queensland. Ms Wright McKinney education programs. wrote 40 books and several collections of Education Queensland International is poetry and essays. Her poem South of My responsible for expanding previous programs Days remains one of the best-loved works of and developing new ones, enhancing the Australian poetry, memorable for its profoundly international and domestic profile and emotional connection with the Australian establishing Education Queensland as a landscape—"part of my blood's country", as national leader in international student she termed it. At her death, she was working programs. The new vision for the branch is to on a second volume of autobiography despite support and facilitate the internationalisation of profound deafness, waning vision and poor Queensland Government schools. health. Education Queensland International is a Ms Wright took great personal pleasure in fully commercial branch of Education the fact that the Queensland Government Queensland. No taxpayer funds are used in named its poetry award for her home Calanthe the provision of these programs. All its at Mount Tamborine, which she had named programs are self-funding, with large and after a local white native orchid. From her significant returns to individual schools, the earliest days, Judith Wright wrote passionately wider education system and economic about Australia and its environment, and she development of Queensland. Its objectives embodied this in her writing about Cooloola are— 19 Jul 2000 Ministerial Statement 2129

to increase international student numbers also pay fees, again generating an additional by 30% in 2001 and double the numbers $3.4m in revenue. These new developments, in 2002. That will bring the number to on top of current figures, equate to over $12m more than 800 full-fee paying students; being injected into the Queensland economy to provide international students with before any of these students buy an orange opportunities to achieve academic juice at the local store. excellence in a safe, friendly and caring Education Queensland International is environment; also looking to intensify its involvement in to provide opportunities for cultural overseas consultancies. We want to use growth, enhanced academic achievement expertise within Education Queensland to and development for Queensland benefit students in other nations. Not only will students as a result; this provide significant development opportunities for our current staff, it will be a to provide Education Queensland schools significant revenue generator for the with significantly enhanced international department. exposure; and Attractive as these economic outcomes to ensure Education Queensland's are, the main objective of the program is international reputation as a world leader educational. Among our Queensland students in the provision of education to students it will foster an engagement with the world will continue to grow. around us, enlarging their minds and As a result, Education Queensland's interests broadening their horizons. Also, it will enhance in exporting and economic development at our moral position in the world by making us whole-of-State and national level will be the provider to nations of one of the most significantly increased. Education Queensland precious gifts that can be bestowed—a good International's activities are in the main education. I invite any honourable member focused in the following program areas— who is interested to join me at the launch at senior schooling/university preparation 3 p.m. on the Speaker's Green. programs; university pathways programs; MINISTERIAL STATEMENT study abroad programs; Childers Backpackers Hostel Fire distance education; Hon. S. ROBERTSON (Sunnybank—ALP) offshore programs; (Minister for Emergency Services) (9.54 a.m.), by leave: As the international community group study tour programs; and continues to mourn the 15 backpackers who international aid and development tragically lost their lives in the Childers fire last consultancy projects—expert educational month, the Beattie Government is taking steps advice. to minimise the risk of this tragedy happening Education Queensland International will again. Within 24 hours of the fire I established play a vital role in the Queensland economy. a high-level multi-agency task force to examine As a general rule, for every 20 students a wide range of legislative and regulatory attracted to the State system a new teacher is issues arising from the Childers fire. That task employed. Based on current trends, this force will make a preliminary report to me by indicates that another 20 teachers will be 31 August. employed in the next 18 months. For every I also ordered an immediate fire safety teacher employed for these international audit of all accommodation premises in students, additional support staff such as Queensland catering to the backpacker teacher aides are also needed. Again, on market. Fire officers are in the process of current calculations that means probably inspecting all these premises to ensure they another 10 to 20 support staff. However, the have fully operating fire protection systems, benefits to the Queensland economy do not such as fire alarms, as well as fire evacuation stop with the employment of extra staff. plans and clearly marked emergency exits. To If the numbers increase by the anticipated date, fire officers have inspected 356 premises amount, we will need an additional 300 to 400 offering accommodation to backpackers, families to be involved in the Homestay including hostels, boarding houses, budget program. Currently, Homestay families receive motels and hotels with backpacker on average $165 a week for each student. accommodation. That means an extra $2.5m to $3m into the Fire safety breaches have been identified Queensland economy. International students in the vast majority of premises inspected. 2130 Ministerial Statement 19 Jul 2000

Thankfully, most of these breaches have been grief, we were heartened and humbled by the minor in nature and easily remedied. They professionalism and skill of every single have included defects such as flat or missing emergency services worker and volunteer we batteries in smoke alarms, out-of-date fire encountered. These men and women worked extinguishers, defective light bulbs in exit tirelessly to do everything they could for the signs, no evacuation plans and inadequate community, from investigating the cause of the maintenance of firefighting equipment. Other fire to guarding the privacy of the survivors. I identified defects are more serious, including join with the Premier, the member for Burnett obvious overcrowding, inadequate and the member for Bundaberg in thanking all maintenance of firefighting equipment, locked of those emergency services workers for their or blocked emergency exits and lack of fire professionalism and their dedication to duty. I alarm systems or systems that are not properly also thank the people of Childers for their maintained. Proprietors at all of these commitment to their own community. establishments have been instructed to rectify these defects and will be subject to follow-up visits to ensure compliance. MINISTERIAL STATEMENT Tropical Fruit Importation When I announced these actions I said that I expected the cooperation of owners and Hon. H. PALASZCZUK (Inala—ALP) managers of backpacking establishments (Minister for Primary Industries and Rural throughout Queensland during this fire safety Communities) (9.58 a.m.), by leave: I would blitz. I indicated that I would name publicly any like to draw the attention of the House to a backpacking establishment that did not growing threat to our billion-dollar horticultural cooperate with firefighters during this period. I industries. Queensland is a tropical paradise am pleased to say that, to date, fire officers and we pride ourselves on our tropical fruit have received the cooperation of the industries, which include bananas, pineapples, backpacking establishments they have mangoes, durians and table grapes. But, Mr inspected. I thank the backpacking industry for Speaker, as I stand here before you, the that level of cooperation. I hope it will continue Australian Quarantine Inspection Service, at in the months ahead. the behest of the Federal Government, is undertaking import risk assessments on the The Queensland Fire and Rescue possibility of allowing importation of these fruits Authority is also in the process of producing from other countries. fire safety brochures in a range of languages for distribution to guests in premises catering AQIS is conducting 19 import risk to backpackers to ensure that backpackers assessments for plant products, and there are themselves can take appropriate action to another 82 applications lodged. There is no protect their own personal safety. These doubt that the pressure is increasing from immediate measures reflect the Beattie overseas countries that want to expand into Government's commitment to taking decisive our markets. But some of these other action to minimise the risk of this tragedy ever countries are riddled with pests and diseases being repeated here in Queensland. that could decimate our fruit industries. Take bananas for example. Our banana industry is I join with the Premier in placing on record worth $240m a year, and the Government, the Government's heartfelt thanks to those along with the banana industry, has emergency services workers and volunteers spent—and continues to spend—millions of who assisted the community during this very dollars monitoring and responding to pests difficult time. The first auxiliary firefighters on and diseases which can threaten the industry the scene of the fire on that fateful morning at any time. We had an emergency response had the dangerous task of rescuing just last week when the exotic fungal disease backpackers from the burning hostel and black sigatoka was discovered in a feral controlling the blaze, while local ambulance banana plantation in the upper Daintree. officers treated the survivors. Over the Department of Primary Industries officers following days, emergency services workers immediately swung into eradication mode and SES volunteers from Childers and because they realise the economic impacts if surrounding communities, such as Bundaberg, this disease took hold. police and community workers rallied together AQIS is undertaking a risk assessment on to provide every assistance to the backpackers the importation of bananas from the and local residents. Philippines, but we know black sigatoka is The Premier and I visited Childers twice in endemic in that country along with many other the days following the tragedy. While the diseases such as moko, bugtok, bract mosaic, feeling in the town was one of overwhelming banana skipper and a number of fruit flies. 19 Jul 2000 Private Members' Statements 2131

Queensland grows 85% of Australia's bananas secretariat and members. I also table the and we have some world-leading banana committee's Report No. 26 on the report of the disease experts working in the department. strategic management review of the offices of These scientific experts will be involved in the the Queensland Ombudsman and the import risk analysis stage, but it is AQIS that Information Commissioner. I move that the makes the final decision about bringing in reports be printed. fresh bananas from countries such as the Ordered to be printed. Philippines. On Friday I am hosting a breakfast on behalf of the Australian Banana Growers PARLIAMENTARY CRIMINAL JUSTICE Council. All honourable members representing COMMITTEE major Queensland banana-growing areas Reports have been invited so they can be fully briefed Mr LUCAS (Lytton—ALP) (10.03 a.m.): I on this issue. What we are focusing on here lay upon the table of the House Criminal are quarantine issues, not trade issues. AQIS Justice Commission research reports titled and the Federal Government must not expose Police powers in Queensland—findings from our industries to unnecessary pest and the 1999 defendants survey and Public disease risks. attitudes towards the Queensland Police The banana industry is not the only one Service. These publications are reports of the at risk. The Philippines also wants to export CJC for the purposes of section 26 of the fresh pineapples and mangoes to Australia, Criminal Justice Act 1989. The committee and AQIS is doing an IRA on them too. Also, stresses that it has in no way conducted an AQIS is in the final deliberation stages on table inquiry into the matters the subject of these grape importation from California and is publications. However, the committee is tabling currently assessing whether to allow apples to these documents as it believes it is in the spirit be imported from New Zealand. And there is of the Criminal Justice Act that all non- an appeal pending regarding durian confidential publications by the CJC be tabled importation from Thailand. in Parliament. I am well aware, as all honourable members are, that quarantine is a Federal PRIVATE MEMBERS' STATEMENTS issue, but States need to closely monitor Bribie Island Intersection Canberra's deliberations. I intend raising this very issue when I host the ARMCANZ meeting Mr FELDMAN (Caboolture—CCAQ) in Brisbane next month, which will be attended (10.04 a.m.): Presented here yesterday by all State and Federal agriculture Ministers. morning was a petition containing over 1,100 signatures requesting the provision of a roundabout at the intersection of Bestman PERSONAL EXPLANATION Road East and Bribie Island Road at Pebble Mobile Phone in Chamber Beach, Ningi. The request has been made several times before, and most recently to the Mrs LIZ CUNNINGHAM (Gladstone—IND) Minister for Transport on 21 January this year. (10.02 a.m.), by leave: Yesterday morning my In this letter that I hold from Major General mobile phone rang in this Chamber, D. B. Fergusson, retired, from the Pebble interrupting the proceedings. Last night it was Beach Preservation and Progress Association, reported on I think Channel 7 that it was the the request is made most fervently. Did the member for Clayfield's phone. That is incorrect. Minister personally reply? No. And does the It was mine, and I apologise to members for Minister really know of the concerns of the the disruption caused. PBPPA? No, I do not really think he does. His adviser made a reply which was very cold. LEGAL, CONSTITUTIONAL AND The principal petitioner, who used to ADMINISTRATIVE REVIEW COMMITTEE reside in Pebble Beach, left the estate. She actually sold up and moved out following a Reports near-fatal crash involving her daughter, Luci Mr FENLON (Greenslopes—ALP) Kemp. Luci's accident occurred when (10.03 a.m.): I lay upon the table of the House attempting to turn right from Bestman Road the annual report of the Legal, Constitutional East onto Bribie Island Road on and Administrative Review Committee for Remembrance Day in 1998. She was almost 1999-2000. The report outlines what has been killed when her small sedan was struck by a an extremely active and productive year for the four-wheel-drive vehicle on Bribie Island Road. committee, and I thank the hardworking Her youthful vitality had to be cut from the 2132 Private Members' Statements 19 Jul 2000 wreckage of her car by the jaws of life and she time, the member for Hervey Bay 94.3% of the was rushed by air to the Royal Brisbane time, the member for Caboolture 94% of the Hospital intensive care unit, actually dying and time, the member for Maryborough 93.2% of being revived three times and spending some the time, the member for Ipswich West 94.4% three months in a coma. Luci is still in a of the time, with the member for Thuringowa, a wheelchair today as she is recovering from her veritable mad socialist, bringing up the acquired brain injury. She even attended with rear—he voted against Labor 91% of the time. her mother and father at my office in that very Despite their constant pro-National Party chair. voting record, one other thing that has been Luci's hope is that she will indeed be able consistent about the rabble opposite, who to walk eventually and that, despite the have variously described themselves as One treatment the concerns of the PBPPA have Nation, One Nation Independent and City received from the Minister for Transport, she Country Alliance, is that in every electoral will be able to walk those concerns into the outing they have had since their election they Minister's office and drop them onto the have gone further and further downhill and are Minister's table herself. I can attest to the fact, now rock bottom at 4%. being a former TAIS officer, that Luci was indeed lucky to come out of that accident We can all remember how desperate One without losing her life. Nation was to give its preferences to the coalition candidates at State and Federal This has been a timely warning that the elections. We on this side of the House will not Minister should be doing something to address cease from pointing out the sleazy One Nation the concerns about this intersection before he preference deal which ensured the election of begins to count the cost of his inaction in a the members for Charters Towers, Redlands death. Luci's accident occurred, as I said, on and Keppel. It is a simple fact that National 11 November 1998, Remembrance Day. I say: and Liberal preferences ensured the election let us honour that day by preventing more loss of One Nation candidates in 8 of 11 seats, of innocent life where we can. I say again: lest namely, Burdekin, Caboolture, Hervey Bay, we forget. Ipswich West, Maryborough, Mulgrave, Time expired. Thuringowa and Whitsunday. No wonder they are bending over backwards to vote so often with the Nationals and Liberals in this House! City Country Alliance/Independent Members, They are nothing less than a Hard Right Voting Patterns faction of the National Party. Mr LUCAS (Lytton—ALP) (10.06 a.m.): In December last year I advised the House of the voting record in this place of the then One Unemployment Nation and One Nation Independent Hon. R. E. BORBIDGE (Surfers members. Despite six of them holding seats Paradise—NPA) (Leader of the Opposition) formerly held by Labor, these hypocrites who (10.08 a.m.): A political generation ago, a now claim to garner some support from working discredited Labor leader promised that no child men and women voted from 90% to 98% of would live in poverty by 1990. Today, two the time against the Labor Party in this House. years after the promise was made that under I table for the benefit of the House a table his Government unemployment would be I have prepared of their voting performance reduced to 5%, we see that core election from the State election up to and including promise of an increasingly discredited Labor Thursday, 22 June 2000. The figures were bad leader being revealed as the shonky, enough last time, but since then they have fraudulent political sham that it was. That result tried even harder to vote with the Liberals and was promised in three years, it was promised Nationals, who care not a fig about the plight in four years, and it was promised in five years. of the battler. Again topping the poll with his The reality is that the current Premier made a pro-National Party voting record is the member promise that he knew in his heart he simply for Burdekin, Mr Knuth, who voted with the could not deliver. He did so for cheap, cynical, Labor Government on only 4 divisions out of a political purposes. We see now this man and total of 313, down from 1.7% to 1.3% of the his own Government disowning that political time. In fact, every City Country Alliance and promise of 5% unemployment made just two One Nation Independent member decreased years ago. We see under his stewardship even further the proportion of time they voted economic growth in the State of Queensland with Labor. Of those who won seats from declining from 5.7% under the coalition Labor, the member for Whitsunday voted Government to 3.75% under his Government. against the Labor Government 95.9% of the We see jobs growth in Queensland declining 19 Jul 2000 Private Members' Statements 2133 from 3.2% under the National/Liberal coalition The second assistance measure I ask this Government to just 2%; under "Mr jobs, jobs, Government to consider is subsidising and jobs 5%". maintaining the maintenance of current dairy We see the savage decline in terms of farmers' farm insurance premiums over the private sector investment. What we see above next 12 months. I believe these two proposals all else is the destruction of the credibility of are realistic. Whilst some people will raise the Premier and his Government in terms of arguments against them, I simply say to the his core election promise of a 5% jobless rate Government: it can provide this level of under his stewardship, under his Government. assistance if it wants to. It is a fraud and a sham. Time expired. Brisbane Light Rail Project Dr WATSON (Moggill—LP) (Leader of the Liberal Party) (10.13 a.m.): Queensland is Dairy Industry being run by a can't do media tart in a can't do Mr WELLINGTON (Nicklin—IND) circus. Last week's backflip on Brisbane's light (10.11 a.m.): During the debate on the Dairy rail project was a stake in the heart of the Industry Deregulation Bill, I spoke on Government's second-rate super stadium representations I made to the Government on proposal for Lang Park. It is now just a matter behalf of dairy farmers from the Australian Milk of time before the Premier performs another Producers Association. One of the grounds Beattie backflip which has become the used by the Government in rejecting the trademark of his can't do circus. Australian Milk Producers Association's The viability of Lang Park is totally reliant proposal was that it contravened section 92 of on public transport, and members opposite the Commonwealth Constitution. know that. It is totally reliant on getting people I questioned that and engaged the out of their cars and into trains and buses. services of John Pike, lecturer in constitutional Light rail and Lang Park are inextricably linked law at the Queensland University of by the need to move thousands and Technology, to advise me. His advice was that thousands of people to and from games. That the proposal did not contravene section 92 of is why the Government moved to extend the the Commonwealth Constitution. I now table a light rail network to Milton. copy of his six-page legal opinion for the Light rail is dead and so is the Premier's benefit of all members. half-baked plan for Lang Park. The Since the proclamation of this Bill, it has Government has killed two birds with one come to my attention that some dairy farmers stone, another damning indictment of his can't are seriously considering reducing their farm do credentials. The alleged reason for axing operating costs by suspending their herd light rail was an $80m blow-out and undue recording programs and significantly reducing disruption to local traffic and traders. That is their farm insurance premiums. I believe these precisely the situation with Lang Park. The two measures will have a detrimental impact Government has already admitted the cost on the Queensland dairy industry. has blown out from $200m to $280m and we are now being told the figure is well in excess I understand the great pressures that of $300m. Associated infrastructure will stretch dairy farmers are under at the moment. I ask from Roma Street to Milton. There will be total the Government to consider seriously two chaos in all directions. Local residents and minimum measures of financial assistance to thousands of commuters will be massively Queensland dairy farmers during the next 12 inconvenienced for many, many months. months. The first is that the State Government Many traders will go to the wall because of the reintroduces the once free herd recording lengthy disruption to their businesses. That is a program previously undertaken by Department very high price to pay for another white of Primary Industries staff. One of the greatest elephant. It is time for the can't do media tart marketing tools we have over interstate milk is to perform another Beattie backflip. maintaining and promoting the high quality of Queensland milk. With State Government assistance in maintaining dairy herd records on Mitchelton State High School, Tour by the Queensland milk quality and bulk milk cell Cricketers count, this State Government would be directly Mr WILSON (Ferny Grove—ALP) assisting Queensland dairy farmers in their (10.14 a.m.): The spirit of innovation and battle with cheap, inferior quality milk from over initiative is truly alive at Mitchelton State High the border. School. During the recent school holidays, a 2134 Private Members' Statements 19 Jul 2000 mixed team of 12 cricketers from Mitchelton Club it will continue to see harness racing in State High School's Excellence in Cricket this State plummet to an all-time low in program and two teachers toured Scotland regional areas of Queensland. and England. Students from Year 9 to Year 12 The harness racing industry in competed against regional under 17 Toowoomba, Marburg and other areas of representative teams from East, North and regional Queensland is very concerned. If the West Scotland, Wales and the Lyne Cricket board continues down this crazy path of Club. Mitchelton beat East Scotland by seven rationalisation, as it has done in the past, it will wickets, North Scotland by eight wickets, were see the death knell of harness racing in this narrowly defeated by 10 runs in one game State as we know it today. against West Scotland, lost two other games against West Scotland, drew the game against To highlight the rationalisation agenda, I the Lyne Cricket Club, and unfortunately the have a letter from the board's legal advisers to game in which they were ahead against the the Darling Downs Harness Racing Club's legal Welsh junior side was washed out. People advisers dated 12 July 2000 requesting were so impressed by the performance of the information supporting the club's application Mitchie side they commented that they for dates. It states— thought they were playing a Queensland "The possibility exists that the Club's representative team. application will be declined because of a Each player personally raised $3,500 view being formed about rationalisation through odd jobs and part-time work to pay for within the harness racing industry." the trip. Local businesses also helped with It further states— funding. The team also visited all the sites in "It will also involve the Club's Edinburgh, London and, of course, Old addressing the question of rationalisation Trafford and Lords. There was nothing but within the industry, which was a matter the praise from the host sides for the excellent Board considered at its meeting on 21 behaviour of the players. They were great February 2000." ambassadors for the Mitchelton State High School, Queensland and the sport of cricket. Those on the board who believe that the only Congratulations to the players, the Deputy future for harness racing in this State is at Principal, Simon Riley, and head of Maths and Albion Park, Redcliffe or Parklands quite Physical Education, Amanda Nuell-Munroe. frankly do not have the best interests of the Well done. industry at heart. The Minister for racing would do herself a power of good if she started to The Excellence in Cricket program is the inquire into the real agenda of some members first and only course of its type in Queensland of the Queensland Harness Racing Board. schools and is approved by the Board of She would do herself a power of good if she Senior Schools Studies. There is no doubt went out and visited places such as Marburg about it; State schools are great schools. where on a Sunday up to 100 horses are Under the excellent leadership of the Principal, trialling in both official and unofficial trials. Terry O'Hanlon-Rose, his staff and a very Many of those horses will never race at Albion active P & C, the future looks very bright Park. Many of them can get starts only at indeed for the Mitchelton State High School. places such as the Darling Downs Harness Racing Club. Harness Racing Mr HEALY (Toowoomba North—NPA) Mangoes (10.16 a.m.): On 21 June in the Supreme Ms BOYLE (Cairns—ALP) (10.19 a.m.): Court of Queensland Justice Mullins set aside Some time ago I reported to the House on a decision by the Queensland Harness Racing problems that our tablelands mango growers Board not to allocate race dates to the Darling were having in getting their mangoes to Downs Harness Racing Club, a decision that to market in Brisbane and in Sydney where there this date has not seen any action taken by the were reported problems with the quality of the board or any decision made by the board in product. Consequently, there was a drop in the relation to consideration of allocating race price, and that causes real difficulties and dates to the Darling Downs Harness Racing hardship for those mango growers. Club. I understand the board is meeting later I am very pleased to say that the Minister today. for Primary Industries and his department have Let me say that if the board chooses to been particularly responsive on this problem continue its agenda of not allocating race and we now have action on three fronts. We dates to the Darling Downs Harness Racing are doing some research into the cool chain, 19 Jul 2000 Private Members' Statements 2135 as it is called—the process of transportation concerns and problems being experienced by from the tropics to these southern centres, the home owners. ins and outs of cool rooms and whether or not But what of the advertising campaign—a this might in fact be the cause of the problem. TV advertising campaign that provides no We are also improving the quality monitoring useful information to consumers about how to program on the tablelands and offering treat termite infestation but instead tells people upgrading training to farmers on the to contact the BSA and get a brochure, which tablelands, particularly mango farmers. It does contains a diagram and states that weepholes not matter how good a farmer has been, there should be in excess of 100 millimetres above are always new and better techniques from garden beds and lawns to prevent termites which to learn. access through the weepholes. That is a little The other problem that I particularly wish difficult to ensure if builders and landscapers to mention this morning, which has a potential blatantly disregard this stipulation, as was and solution in sight, is the selling of our mangoes is the case at the two new estates that I visited and other tropical fruit and vegetables at Ferny Grove the other day. At those estates overseas. Presently, we have a problem with I saw nearly completed houses with weepholes accessing a number of international markets no higher than 10 millimetres above the lawns. owing to our disinfection standards, which are I saw newly completed houses with untreated not meeting the standards expected wood fences and posts bolted directly to the elsewhere. However, through discussions with sides of houses. I saw landscaped areas of an American company named Surebeam, we bark and woodchip right up against external have the prospect of using a new process walls. While inspecting an established display known as electronic pasteurisation, which home, I saw a termite treatment certificate would solve this problem. That process is stuck on the inside of an electrical meter box worked by concentrating a burst of energy that failed to name the pest control agent. generated by electricity onto products that Time expired. need disinfestation. However, it is necessary for the Federal Government to investigate and approve this process. Holland Park and District Meals on Wheels I call on all honourable members of all Mr FENLON (Greenslopes—ALP) parties in this House to join with us in asking (10.22 a.m.): I rise to report on a luncheon that for cooperation. This is not a matter of politics; I attended recently to commemorate the 30th this is a matter of potentially millions of dollars anniversary of the Holland Park and District in increased exports of our fruit and Meals on Wheels. I congratulate the outgoing vegetables. committee and I wish the new committee, chaired by Mrs Lyn Petie, the very best in the future and I commend all of the volunteers Termites; Queensland Building Services and workers at that centre. I know that the Authority member for Mount Gravatt agrees with me, as she is also a great local supporter of that very Mr GOSS (Aspley—LP) (10.20 a.m.): fine institution. Whilst the Minister for Fair Trading has said much about the plight of the unfortunate On 9 April 1970 a meeting was held in the home owners who are living with the then Methodist Church hall in Holland Park. knowledge that their most significant The people who attended that meeting had a investment, their home, is being eaten out vision to establish a Meals on Wheels service from under their feet by termites, the Minister in the area. A steering committee was has done very little about it. It is a problem that appointed for the project, which was to cover the Minister is really trying to ignore. She has the suburbs of Holland Park, Mount Gravatt done very little about expediting the and Greenslopes. On 23 June 1970 a public rectification of damaged homes. She has meeting was held in the Holland Park RSL hall done nothing to simplify the process that and it was there that first management claimants must go through to make a claim committee was elected. On 13 July 1970 the against the BSA insurance fund. The extent of first meals were cooked and delivered from the her efforts is to launch an expensive church hall kitchen. advertising campaign and to form a task Because of the limited meal capacity and force—a task force that has no consumer the storage space available at the church hall representatives, a task force comprised of kitchen there was a need to plan for a new Government and building industry kitchen. During October 1980 the Brisbane City representatives but no-one representing the Council was asked to lease suitable land on interests of consumers, no-one to express the which to build a new kitchen. The council 2136 Private Members' Statements 19 Jul 2000 offered a choice of two sites, and the one at Criminal history checks must be compulsory for Abbotsleigh Street—which is now located all child and disability workers. Taxpayers within the Greenslopes electorate—was readily pay for police to protect us by patrolling chosen. Towards the end of July 1985 the new our streets. We would also readily pay for the kitchen was completed and the first meals protection of our most vulnerable citizens— were prepared on Monday, 5 August of that children and people with a disability. year. On Saturday, 2 November 1985 the new The Government should waive this fee for kitchen was officially opened. The total cost of security checks for people working in this that kitchen was $173,000. industry. It should be considered an Early in 1987, 200 meals were being investment in the future of our children and our prepared in the kitchen. On 28 October 1996 community. the one millionth meal was served, and during 30 years of operation the centre has prepared 1,331,481 meals. Mining Project, Townsville Mr REYNOLDS (Townsville—ALP) Time expired. (10.26 a.m.): The Townsville region continues to be the economic and industrial powerhouse Criminal History Checks of north Queensland. The rail and road infrastructure announced in yesterday's Mr TURNER (Thuringowa—IND) Budget is very much part of that growth and (10.24 a.m.): Children and people with development that will occur in the Townsville intellectual and other disabilities are among region. our most vulnerable. As we are all very aware, in the past some of the people who were A new mining project between Charters employed to care for and protect these people Towers and Greenvale could see nickel have been the very people who have abused trucked over Herveys Range for processing at them. Therefore, the Government has a clear Queensland Nickel's Yabulu refinery. The duty of care to ensure that that does not occur Brisbane-based Metallica Minerals Limited, again. chaired by former Sun Metals corporate adviser Dr Shad Linley, is in the process of Last year in Parliament, the Honourable putting together a 50,000 tonne bulk trial Anna Bligh said that the Families Services shipment for Yabulu at its Verde Tinto deposit, Amendment Bill 1999 will tighten existing which is located 110 kilometres west of procedures surrounding the conduct of criminal Townsville just off the Gregory Development history checks. She went on to say that Road. criminal history checks were mandatory for all Metallica managing director Andrew Gillies persons being considered for employment said that the company's nickel cobalt project within her department. The Cootharinga had assayed 1.7% nickel per tonne of ore. An Society of North Queensland is still recovering application to mine has been made and from the shadow of the past and also has a negotiations are continuing with Queensland policy of mandatory criminal checks for staff. In Nickel, which has been processing imported 1994 the fee for a criminal history check was ore ever since the closure of the Greenvale waived to encourage these checks to happen. nickel mine in December 1992. Two years later it was reinstated, with the fee being set at $33.30. The present cost of such The mine would be an open-cut quarry checks is $120. That is a fee of $120 for every operation recovering ore from a depth of 20 prospective employee these care providers metres. The company had also picked up consider hiring. It could amount to thousands remnant nickel deposits in the Greenvale of dollars over a year. nickel province and new technology processing methods would allow for the economic In April this year the Honourable Tom recovery of nickel ore. The company, which Barton, in answer to a request by the was looking for other opportunities in the Cootharinga Society for fee exemptions, said Townsville region, intended to seek listing on that the society might determine the level of the Australian Stock Exchange in the next two security checks undertaken on prospective months. A brochure profiling the company employees. They may or may not do criminal states that $1.5m was raised to acquire Verde checks but if they do, then they must pay the Tinto, which is west of Townsville, and three fee. other deposits: Bell Creek, Minnamoolka and In light of what has gone on in the past, Kokomo on the upper Burdekin River north- how is allowing self-regulation by these east of Greenvale. Subject to a feasibility industries helping to protect the defenceless? study, a 500,000 tonne per year pressure acid 19 Jul 2000 Questions Without Notice 2137 leach processing plant will be sited at Bells line was caught by the jet ski and cut his leg. Creek, which is south of Mount Garnet. Obviously, the whole family were traumatised The money that was allocated in the by this event and packed up and went home. Budget particularly for the Herveys Range road The cut on the boy's right leg is about two and other infrastructure on the Gregory and a half inches long. This lady has stated Development Road is a key to these that her son has not only a physical wound but developments going ahead. Townsville also a far worse psychological wound. I ask the continues to be the economic and industrial Minister to please do something about this powerhouse of north Queensland. incident. The lady's name is Mrs Janelle Hall Time expired. and she has said that she wants her name mentioned in Parliament. Mr BREDHAUER: I rise to a point of order. Jet Skis Three weeks ago I released for public Mrs SHELDON (Caloundra—LP) consultation a draft regulation on the control of (10.28 a.m.): For some time the operation of jet skis. jet skis and the behaviour of jet ski owners in Mrs SHELDON: I am coming to that. My Pumicestone Passage has been a concern to constituents were dismayed at the Minister's my constituents. So far, in that regard I have draft plan. had absolutely no help from the Minister or his department. Mr SPEAKER: The time for private members' statements has expired. Today I have been asked by one of my constituents to express her grave concerns and strong objection to jet ski water craft at QUESTIONS WITHOUT NOTICE Pumicestone Passage. She states in her letter— Economy "My 8 year old special needs son Mr BORBIDGE (10.30 a.m.): I refer the was injured on Sunday 16/7/2000 by a jet Premier to the continuing decline in ski being operated by a person who Queensland's economic performance relative clearly has no regard for other people to national performance figures and the around him. performance of other States, and I ask: now that he has presided over a decline in The person operating this vessel was economic growth, jobs growth and private operating it in an extremely dangerous investment and his 5% unemployment target manner." has been exposed as a sham, why would This lady's son was injured and his leg was cut. anyone believe anything he says ever again? Further in her letter she states— Mr BEATTIE: If it is a choice between "... the ordeal has left him extremely whether people believe me or believe him, I traumatised. know who they will believe, and it will not be It has taken several months to coax him. our son"— Let me make this point clearly: since my who has a mental age of six and a half, Government came to office we have created although he is eight years old— 82,700 jobs. Today we have the lowest level of unemployment since May 1990. Is it lower "into a ride in our boat and a picnic on the than it was in the Borbidge/Sheldon years? beach in the northern tip of Bribie Island Yes, it is. What was the legacy we inherited? with our other 2 children who are also We inherited a legacy of 8.7% unemployment special needs and that special day was and trending up—and rising. That was the absolutely ruined by people who simply disaster that we inherited from the don't care about others." Borbidge/Sheldon years. We have turned that This lady stated further in her letter that around and created 82,700 jobs in two years. the jet ski was coming off the beach at great As the Leader of the Opposition asked a speed. The operator of the jet ski then turned Budget question, I point out that the Budget it around and headed at an alarming rate prediction is that at the end of these three towards them and their beached vessel and a years there will be 110,000 new jobs—people large amount of wash water went over them. who would not have had jobs if this The jet ski operator then took off from the Government were not in office. More to the shore at a fast rate. He went straight across point, those 110,000 Queenslanders in jobs the front of the boat. The children were sitting would not have been in those jobs had Mr in the boat. The young lad was fishing. The Borbidge remained as Premier of this State. 2138 Questions Without Notice 19 Jul 2000

The Borbidge/Sheldon Government was Mr BEATTIE: The day this man tells the the most incompetent and despicable truth and accurately reflects what people say Government this State has ever had. It will be the day that all of us are in our graves. I promised hundreds of millions of dollars set a target and, in setting that target, I without security for projects that would never indicated a number of things. First, with have come to fruition. They thought it was a respect to the target I said that—and this has Pandora's box; when anyone came through been widely reported—we needed the support the door, they gave them money—hundreds of a cooperative Federal Government. Did we of millions of dollars. They were irresponsible. get one? No. What did we get? We got the Yes, it did take us six months to put GST. Queensland on the right road, and we have Opposition members interjected. done that. One of the things that can never be taken away is the fact that Queensland has Mr BEATTIE: Opposition members can the lowest level of unemployment since May cry all they like. This was their question. I am 1990. Let us talk about participation rates. happy to wait. Did we get a cooperative Federal Government? No, we got a GST. Ms Bligh: Who was the employment Minister? Mr Hamill: We got a rise in interest rates. Mr BEATTIE: Who was their employment Mr BEATTIE: We got not only a GST but Minister? They did not have one. They had all also a rise in interest rates and a falling sorts of titles, but they never had an Australian dollar. Notwithstanding all of those employment Minister. With an unemployment disadvantages, our Budget has continued rate of 8.7% and rising, why did they not have Queensland on that solid road of economic an employment Minister? That was because development. That road will produce 110,000 they did not care about young people. jobs at the end of these three years and it will continue the lowest level of unemployment in The reality is this: if we had the same 10 years. participation rates as exist in New South Wales Mr Borbidge: Is that a target or a and Victoria, we would have less than 5% promise? unemployment today. Queensland's participation rate is higher than the national Mr SPEAKER: Order! The Leader of the average. It is higher than that of New South Opposition has asked the question. Wales and Victoria. Queensland is the engine Mr BEATTIE: They say empty vessels room of Australia and it will remain that way make the most noise. That is appropriate in under my Government. the case of the Leader of the Opposition. Mr SPEAKER: Order! Before calling the In addition, we will continue to drive jobs Leader of the Opposition, I refer to previous growth. As I spelled out in my ministerial rulings by Speaker Nicholson and subsequent statement this morning, we are finding exciting Speakers on questions relating to the Budget. new jobs across new industries as well as Mr BORBIDGE: I did not ask about this enhancing them in traditional industries. Our Budget. growth rate of 3.75% is a rate that other States and countries—our trading neighbours—would Mr SPEAKER: I know. It is the prerogative love to have. We are leading Australia. We will of any Minister to answer or refuse to answer continue to lead Australia. Nothing the Leader such questions. The Minister may refuse to of the Opposition can or will say will change answer a question about the Budget, if he or the fact that he left us a legacy of rising she wishes. unemployment—8.7%—and yet within two Mr BORBIDGE: Mr Speaker, I was years we have the lowest level of referring to the Premier's election promises in unemployment in 10 years. We will continue to 1998. drive economic growth. This morning, the Treasurer, our ministerial colleagues and I spent some time Unemployment speaking to the business community about our Mr BORBIDGE: I ask the Premier: in view Budget. Mr Speaker, do you know what the of the fact that under his stewardship business community did? They gave the economic growth in Queensland has dropped Budget the thumbs up. Three of them came from 5.7% to 3.75% and jobs growth in up to me and said, "Thank heavens you and Queensland has dropped from 3.2% to 2%, David Hamill are running the State rather than will he now admit that his 1998 election the other two. At least we have got some promise of 5% unemployment in Queensland direction and certainty and we know where we was a cheap and cynical political con job? are going." I have to confess that it was 19 Jul 2000 Questions Without Notice 2139 members of the Liberal Party who said that to about it, but these communities and me. everyone— Honourable members interjected. Coastal Surveillance Mr BEATTIE: That is right, they do not Mr SULLIVAN: I refer the Premier to his come ashore inland, but they do in places repeated calls for greater security of our such as Cairns and they do up and down the coastline, and I ask: what response has the coast of this State. That is why we are Commonwealth made? concerned about it. We will fight to protect those communities. Mr BEATTIE: I would hope that all members of the House would share my What did the Commonwealth concern about the lack of coastal surveillance Government do? It simply established a task in this country. First it was newsagents— force to which the Queensland Government made a submission. That was April last year. Mr Seeney interjected. What has happened since then? The Mr BEATTIE: So the member opposite Commonwealth followed that up by believes there should be illegal immigrants. announcing another review of Coastwatch, Okay, let the record show that the National and this was just by the Joint Committee of Party supports illegal immigrants coming into Public Accounts and Audit. Queensland, as I this country. Let me make it clear: my said, has an opportunity to make a submission Government does not. First it was newsagents. to this latest review, and we will be doing so. Now we have car rental companies who We have to ask ourselves: how long are we happen to be the first line of defence against going to have reviews? How long are we going illegal immigrants. to have this open coastline policy? When are we finally going to get some action from the Opposition members interjected. Commonwealth Government to protect the Mr BEATTIE: They support illegal coastline of this State and the coastline of the immigrants—the member for Toowoomba nation? South, the former Treasurer and the member The other day I heard Senator Vanstone for Callide. Let me say to all country people: saying that a certain category of illegal my Government will fight to protect you. They immigrants should be treated differently support illegal immigrants. I think it is about because there was not any support for them in time that the Federal Government got off its the Australian community. That is all very well. backside and did something to protect the I do not happen to disagree with that point of security of this nation. I do not believe it is view, but if we had decent coastal surveillance good enough that we should have then the illegal immigrants would not be here newsagents and now car rental company in the first place. I think it is about time that we directors or operators as our first line of actually stood up and protected this country. defence. We will continue to push the Commonwealth Last week a car rental company operator Government. alerted authorities about a group of people he believed were acting suspiciously. Where is the coastal surveillance? Nowhere! That led to Brisbane Light Rail Project police raiding a house in Cairns and detaining Dr WATSON: I refer the Premier to last 24 people. Certain matters are still before the week's embarrassing backflip on Brisbane's courts so I cannot say any more about that. I light rail project which drove a stake through have spoken about this—and so has my the heart of the half-baked refurbishment Government—on a number of occasions, proposal for Lang Park, and I ask: when is he about the need to boost coastal surveillance in going to admit that the estimated cost of his Queensland, because the two States that this second rate super stadium has blown out to affects the most are Queensland and Western more than $300m, when is he going to admit Australia. I have suggested—and so has the that it was a silly idea to start with, and when is Government—an increased surveillance team he going to give us yet another demonstration at Thursday Island and a presence at of that famous Beattie backflip which has Scherger air base in Cape York. Both of those become the trademark of his can't do circus? are constructive ways to provide greater surveillance in this State to protect Australia. Mr BEATTIE: This was about as How does the Commonwealth respond to predictable as the sunrise this morning. those suggestions and justifiable community Dr Watson: Why don't you have a good concern? Members opposite may not care answer? 2140 Questions Without Notice 19 Jul 2000

Mr BEATTIE: If the member would not be Mr Elder: He's not a very good so rude and would give me a chance I will give accountant; he can't do the numbers. him an answer. He should be patient. I have Mr BEATTIE: He cannot do the numbers, been worried about his health and the health that is right. Hang on, he has got five out of of the Leader of the Opposition for some time. eight at the moment. Santo has his head If he gets excited like this, one day he will have down. a heart attack in here and I do not want to be responsible for his feeling ill. He should just Mr JOHNSON: I rise to a point of order. relax, take it easy, sit back and he will enjoy it. The member for Moggill has asked a question. This will be better than going to see Perfect When are we going to get the answer? Storm or another movie. Let me tell him, if he Mr SPEAKER: Order! There is no point of sits back and relaxes, that he will enjoy it. Just order. calm down. Mr BEATTIE: When the member sits Dr Watson: This is like Gone With the down. I hope he did not take that time off. As Wind. soon as he sits down he will get the answer. Mr SPEAKER: Order! The member for In terms of Lang Park, as the Minister for Moggill has asked the question. Local Government has indicated on a number Mr BEATTIE: Gone with the Wind—and of occasions, an appropriate consultation all the wind is on the member's side. process has been gone through. Mr Springborg interjected. Dr Watson: No money. Mr BEATTIE: Do the people opposite Mr BEATTIE: Will the member opposite want an answer, or do they just want to be stop yelling? For heaven's sake, sit there and rude all morning? We are quite happy. The be patient, son. Budget has gone well. We are relaxed. We will Mr Mackenroth: You can trust me, David. take all morning if that is what they want. Mr BEATTIE: Don't you worry about it, The question contains two parts. In son, it will be right. relation to light rail, as has already been indicated, there were expressions of interest; In terms of Lang Park an appropriate the Minister for Transport has made this clear. process was gone through. That process is The private sector came forward with being finalised now by the Minister. When it is proposals. The Minister has clarified this. finalised, a proposal will come to Cabinet and a decision will be made. As was indicated in Opposition members interjected. the Budget yesterday, there were not funds for Mr SPEAKER: Order! Honourable Lang Park. But if the proposal goes ahead— members will allow the Premier to answer the and there is a suggested starting date of question. around March—then obviously the mid term Mr BEATTIE: We sought expressions of review will consider that funding requirement. interest. We wanted this to be a private sector The bottom line here is that we did promise a proposal. No-one in the community would consultation process. That has been gone expect this Government to support a proposal through. We need to continue to work with the which required at least $80m of public funds. Brisbane City Council. We need a stadium that That is the answer to that question. The will do this State proud. Let me tell honourable member opposite would not have, we did not members that events held in places such as and that is sensible. stadiums produce jobs in hotels, in bars, in Dr Watson: What about Lang Park? restaurants—you name it. This is about putting Queensland first. We are determined that Mr BEATTIE: Now let me come to Lang Queensland will not be second best. Park. If the member asks a two-pronged question, because we are accountable and we give the Opposition detailed answers, we will Virgin Blue answer both parts of it. We have dealt with Mr PURCELL: I refer the Premier to the one. As the Leader of the Liberal Party recent launch of Virgin Blue, and I ask: will he knows—he is an economics professor—we spell out the benefits of this new airline to have done one, so we now move on to two. domestic travellers and the tourism industry in Mr Hamill: No, he is not an economics Queensland? professor. Mr BEATTIE: This is just another example Mr BEATTIE: He is not? He is an of the major projects that this Government is accountant then. He is not very good at either, delivering for Queensland. Virgin Blue will so I am relaxed. provide the competition that will be the biggest 19 Jul 2000 Questions Without Notice 2141 shot in the arm to the Queensland tourism stadium will enable us to bid for future major industry in a generation. That is the sort of Rugby Union and Rugby League matches vision that my Government has for such as finals and semi-finals, and that Queensland. Not only will it mean around 700 produces jobs. The hospitality industry goes jobs initially in Queensland at the hand in hand with tourism. That is why what headquarters, but there will also be spin-offs in we are doing with Virgin Blue is so important. other areas. I am delighted to see that Jet Care Pty Ltd has won a contract for line maintenance of aircraft for the first three years, Prosecution of Land-holders valued at more than $8m. Mincom has won a Mr MALONE: My question is to the contract for maintenance tracking software. Minister for Environment and Heritage and Virgin Blue's arrival in Queensland and its Minister for Natural Resources. I congratulate decision to establish its headquarters in the Minister and his department on the Brisbane sent a signal around the world that successful prosecution of a 72 year old the State was ready, willing and capable of returned serviceman who flew Bomber hosting international companies and their command in the Battle of Britain, who was Australian operations. shot down over Germany and interned in a We are proud of the assistance that we POW camp, and who is an OAM recipient, a have provided to Virgin Blue. This is about jobs highly respected canegrower, a tree forester and job security for Queenslanders. Virgin and an industry leader in the Mackay district Blue's arrival in Queensland and its decision to for his role in roadside vegetation clean-up. I establish its headquarters in Brisbane sent a ask: is the Minister's department so much in signal around the world, as I said, that the debt under his leadership both financially and State was ready, willing and capable of hosting morally that it now has to send this respected international companies and their Australian gentleman an account for gathering evidence operations. This will enable Queenslanders to and the use of a departmental vehicle to the travel who otherwise could not afford to travel. extent of $150, even after he pleaded guilty, At the formal launch when Richard paid a substantial fine and incurred very Branson was here—and the Tourism Minister, substantial legal costs? Is it now his Merri Rose; the Deputy Premier, Jim Elder; department's policy to bill land-holders for the and I were part of those festivities for the gathering of prosecution evidence? day—he indicated that the first air fare to Mr WELFORD: I do not know personally Sydney would be about $99 one way. That is of the particular case to which the honourable unprecedented. That enables people to travel member refers. All I do know is that, if a who would not otherwise have been able to. person has been prosecuted, whether it is for As Virgin Blue expands its operations—and it illegal tree clearing on public land or anything has indicated that it will expand to else, it is a matter for the court to determine communities of 50,000 or more—we will see the culpability of that person or otherwise. jobs from one end of the State to the other, When a person pleads guilty, the court and that is the important thing. The most determines whether a penalty is imposed and significant financial contribution that we have what restitution is appropriate. These are given to Virgin Blue is a short-term holiday matters for the court, not matters for me. I do from payroll tax. If it did not come here, it not in any way give directions to either the would not be paying it, anyway. The second EPA, in the conduct of its responsibilities under biggest component of the package is to pay the Environmental Protection Act, or DNR, in for training for young Queenslanders to get the conduct of its responsibilities under the jobs with Virgin. Land Act, for determining when it is This new airline will significantly increase appropriate to bring prosecution action against competition in the domestic airline industry and alleged offenders. However, when an offence create jobs. This Government is determined for has been committed by any person in respect Queensland to lead Australia and be a leading of the law, the appropriate authorities exercise economy in the world, as it is now. We can proper discretions to determine whether a achieve that with a stadium. We want to attract prosecution should be launched based on the major events. Take the Rugby Union. It was evidence that exists. In circumstances where a held in Melbourne. What a waste of time! person pleads guilty on that evidence to an Those matches should have been held here. offence under any Act, they receive the We need a major stadium. We need events penalty that the court imposes. such as CHOGM and the Goodwill Games to It is regrettable that the honourable attract jobs. Event tourism works hand in hand member who asked this question does so out with tourism and the hospitality industry. A of vengeance, because he is the prime 2142 Questions Without Notice 19 Jul 2000 perpetrator when it comes to breaches of the Cloncurry is also up and running and employs law for illegal clearing of native vegetation from more than 200 people. public land. He has asked this question in a Many of these projects have been grim and grubby attempt to overcome his own brought on by this Government. For many of embarrassment in his own community. His them, the work was done during the Goss neighbouring land-holders were so appalled at Government in terms of the development of his conduct that they reported him to the those projects and the development of the responsible authorities. north-west minerals province. But that is not all we are looking at. There are other projects on the radar. New Economy A Government member: There are Mr LUCAS: My question is to the Deputy more? Premier and Minister for State Development. I Mr ELDER: Yes, there are more. There is ask: can the Minister explain where Comalco's $1.4 billion refinery, the $1.2 billion Queensland's traditional industries fit into the Australian Magnesium Corporation plant and Government's plan to develop the State's the $3.5 billion PNG pipeline. The Government economic future? is working on these private proponent projects Mr ELDER: I thank the member for the because they need to be backed. This question. He has a strong interest in Government is in there working with these developing the new economies in this State, companies to bring these projects to fruition. It particularly in his own electorate of Lytton, and is this Government that has been working with contributing through his work with me to these companies to make sure that we can developing opportunities for regional value add on the mineral processing and the Queensland as he travels around the State energy provision from projects such as these. and talks to many communities about the This will create and generate jobs in regional types of industries that they have an interest Queensland from Gladstone through to Cairns. in. These will be major job generators. It has been this Government's vision that has driven the This morning we heard the Premier contribution from the private sector to bring outline close to 30 new investments in these projects forward. We remain confident in Queensland since this Government came to the role that we are playing that we can bring power. The majority of them are new economy them forward. However, at the end of the day, players. Most of them are in communications they are private sector projects which need to and information technology or are part of move through to financial close. But there is those knowledge-based industries. Hand in more, and we will talk about that later. hand with our efforts to attract those players within the new economy, we are very aggressive about how we grow our traditional Postgraduate Research Cutbacks industries and how we use those knowledge- Mr FELDMAN: My question is to the based industries to improve and value add our Minister for Education. I refer the Minister to traditional industries. reports that Federal cutbacks will threaten The Government has already announced 3,500 postgraduate research places nationally. the $650m Sun Metals zinc refinery in I ask: as many of these cutbacks will be in Townsville, which will be a significant employer regional areas, has the Minister had and a significant job generator in the north. negotiations with his Federal counterpart? Both the Premier and I have had talks with the What steps will he be taking to ensure that the owners of the project about advancing cutbacks are minimised in Queensland? Stage 2. We remain very confident about the Mr WELLS: I thank the honourable prospects of the Stage 2 project moving member for the question, because it is a very forward. The $1.4 billion Millmerran Power pertinent and relevant question. It is one that Station is well under way. It is the largest single threatens our university system in Queensland. project under way in this State, providing 1,200 It threatens those universities outside the jobs during the construction phase. When south-east corner of Queensland, particularly operational it will employ 400 people. It is the the smaller universities. The cutbacks to largest single investment that I am aware of in research programs being proposed by the this country in terms of private sector projects. Commonwealth Government will be extremely Pasminco's $850m Century Zinc project is now damaging to the growth of our universities. operational. It is one of the world's largest zinc Fortunately, our universities have a whole mines, creating 400 full-time jobs. Western range of programs which enable them to Mining's new $700m fertiliser plant outside survive, but it used to be a Commonwealth 19 Jul 2000 Questions Without Notice 2143

Government responsibility to fund universities. Mr ELDER: I thank the member for the Now, the Commonwealth Government funds question. I can. This does give me an less than 50% of the running costs of opportunity to conclude my answer to the universities, and therefore universities have to previous question. The meat industry is an find their own funding. important component of primary industries, Much of the growth that has occurred in which are extremely important to this State. our university sector in this State, particularly This Government, through the Minister for outside Brisbane, has occurred as a result of Primary Industries and me, has actually moved the injection of capital by the State the food and fibre alliances in the food and Government and the universities' own efforts. fibre industry further ahead in terms of With respect to the negotiations that I have developing value-adding opportunities. The had with the Federal Minister for Education—I primary industry sector is currently a $12 billion have raised the matter repeatedly with him business but, with the initiatives taken by this and with other Commonwealth authorities. I Government, inside 10 years we can turn that have raised the matter at meetings of the vice- into a $32 billion industry. Forty per cent of our chancellors in Queensland. We have made exports over that period will be of those value- representations, but to no avail. The added products, which will be the type of Commonwealth Government seems to be imports looked for by the countries in our area unmoving on this issue. of influence, that is, south-east Asia. Our universities are an extremely The meat industry is important for us important part of the process of Queensland because it flows on. Another initiative becoming the Smart State. They are announced in Rockhampton, with the constantly being threatened and attacked by members for Rockhampton and Fitzroy, relates the Commonwealth Government. The retreat to the support of Consolidated Meats in of the Commonwealth Government from its Rockhampton. A million-dollar package will core responsibility to fund our universities is a underwrite the security of 100 jobs there. This complete and utter disgrace. There can be no initiative is about taking its processes—it was justification for it. I assure the honourable basically a commodity-based production unit— member that I have made repeated to a new high and moving into new value- representations on the subject. I will, however, added areas and new product that will allow it make further representations and draw the access to the Japanese market. That is what attention of the Commonwealth Government the initiative of the Primary Industries Minister to the fact that there is now bipartisan support and me is all about. across this Chamber for the proposition that Labor came into Government and saw the Commonwealth Government needs to pull the report done by the Borbidge Government greater weight. that said that 17 abattoirs would close and After all, we are seeing a backdoor 5,000 jobs would be lost. We realised then method of the Commonwealth Government that we needed to intervene and that we getting out of its responsibility in this area. needed to be working in the meat industry. There never was any announcement by the The Borbidge Government had done Commonwealth Government that it was going nothing—absolutely nothing—in an industry to abdicate its responsibilities to the young one would have thought would be one of its people of this State. There never was any priorities. policy position. There never was any justification for it. There was just a gradual, We have turned it around to the point incremental retreat from one of its core where 2,000 jobs have been generated and responsibilities. It is not good enough. For the there has been $200m worth of investment in Commonwealth Government to behave in the the meat industry. This is an industry the way that it has is a betrayal of our people, Borbidge Government was going to shut particularly our young people, and it is a down—an industry that impacted on its own betrayal of our aspirations to develop a Smart electorates. It was ignoring its own State and a clever country. constituency. That was not good enough for this Government. It has never been good enough for this Government. Meat Industry Task Force The meat industry is important to this Mr WILSON: I ask the Deputy Premier State and it should never have been allowed and Minister for State Development and to get to the point where it disappeared into Minister for Trade: can he outline any recent New South Wales, but that was proposed by developments in relation to the meat task the Borbidge Government. The initiative in force set up by the Beattie Government? Rockhampton is typical of the initiatives we 2144 Questions Without Notice 19 Jul 2000 have been working on with abattoirs right opportunity to have their say. The unions have across the State—value adding, saving jobs had their say. and having plant operators invest in new As I said earlier, one of the major sticking equipment to give them export opportunities in points in the whole issue has been the GST new markets and to generate jobs for and the fact that they simply—I cannot Queenslanders. It is this Government that has understand this; I am at a loss to explain had the vision to deliver. it—do not believe Mr Costello and Mr Howard If there can be any condemnation of the when they say how much better off people are previous Government it is on the issue of the going to be. Everybody knows that they have meat industry, which it had the most basic repeatedly said that every worker will be better need to support because it affected its own off, even though they are going to get more in constituency. The Borbidge Government tax. I find that a little difficult to understand, deserted it. It is this Government that set up but— the meat industry task force. It is this Miss SIMPSON: Mr Speaker, I rise to a Government that set up the meat industry point of order. initiatives of $20m to fund it. It is the work of Government members interjected. this Government that has delivered for the constituency of those opposite. Mr SPEAKER: Order! Miss SIMPSON: The Minister has not answered the question about staffing levels. Public Hospitals, Enterprise Bargaining She is refusing to answer the question about Miss SIMPSON: I refer the Minister for falling staffing levels. Health to the continuing industrial mayhem in Mr SPEAKER: Order! There is no point of the State's hospitals due to her incompetence order. Resume your seat. and the fact that poor staffing levels in the Miss SIMPSON: Minister, answer the State's hospitals are a major sticking point in question. The people want to know the truth. current negotiations, and I ask: how does the Minister justify her claims that staffing levels Mr SPEAKER: Order! Resume your seat. have gone up when the unions say that they There is no point of order. have fallen in real terms? Mrs EDMOND: Another frivolous point of Mr Hobbs: Blame the GST. order. I have to say: I am not sure who won the bet amongst the back row of Ministers. Mrs EDMOND: The interjection is more Ms Spence: I did! intelligent than the question, because that is exactly one of the problems we have. One of Ms Bligh: I did! the major sticking points with the unions is the Mr Schwarten: I did! GST clause. I thank the member for Warrego Mr SPEAKER: Order! for reminding members of that. Mrs EDMOND: They know she cannot Enterprise bargaining and industrial keep her mouth shut for more than three relations in Health are always more interesting minutes. I am quite confident that we will reach than in other portfolios because of the wide agreement in the near future, even on the range of unions that have to be dealt with. GST clause. There is the AMA, the CFMEU and every union in between, including the Nurses Union, the AWU and the TWU. There are 13 different Compulsory Third-Party Insurance unions involved in the negotiations and they all Mr MICKEL: I refer the Treasurer to have items that they want to be addressed recent amendments to the Motor Accident and taken into consideration. Of course, all of Insurance Commission legislation, and I ask: them are looking for the best outcome for their what benefits will flow to Queensland motorists various union members so that they can say as a result of the Government's reforms to that they took the strongest line. compulsory third-party insurance in I am an infinitely patient person. I am very Queensland? patient over this. Queensland Health has had Mr HAMILL: I am sure all members would staff ready to negotiate 24 hours a day, seven be pleased to know that the reforms to the days a week if the unions wanted it. We are motor accident insurance legislation, which prepared to continue those negotiations. My were endorsed by all members of the House, understanding is that the 130-plus items on are bearing fruit. I am pleased to report to the the table have been worked through in a solid House that, as a result of the good work that and deliberate manner, giving everybody the was done by the review committee, chaired by 19 Jul 2000 Questions Without Notice 2145

Bernard Rowley, the reforms that have flowed to the 1997-99 Vegetation Change Report into compulsory third-party insurance compiled by his department, otherwise known operations in Queensland are being received as the SLATS survey, which was leaked to by Queensland motorists. selected media outlets last week. I ask: does The date of 1 July was the last occasion the Minister or his office have a copy of this on which Queensland had a single regulated report in preliminary or final form? Will he now premium with respect to compulsory third-party table it in Parliament? cover. There was no increase on the level of Mr WELFORD: I do not have one, but if premium previously charged. That the honourable member has one, I would be demonstrates that the savings identified by the grateful if he would provide it to me, because review team are now flowing directly to as the honourable member said, last week Queensland motorists. That is certainly a someone did leak some information to just welcome development. about everyone. There I was, working quietly I am also pleased to report to the House away in my ministerial office, and suddenly the that, as a result of the review team's phone started ringing. First it was the Courier- recommendations and the legislation which Mail; then it was ABC Radio, 10 minutes later; passed through this House, from 1 October then the Sydney Morning Herald rang; then Queensland motorists will have even greater the Australian rang 15 minutes after that. I choice. From 1 October Queensland motorists assumed the honourable Opposition member will not only be able to choose the insurer of was on the job again. I thought Mr Lester— their choice with respect to their compulsory Mr LESTER: I rise to a point of order. I third-party cover but they will also be able to am deeply offended. I did not leak any report. shop around for the best premium. It is Mr WELFORD: I withdraw. I accept that significant that insurers who have the greatest he was not on the job again, and has not share of the third-party business in been for some time. I can say truly to the Queensland are actually offering premiums honourable member that it was not— less than what is currently in the marketplace— in other words, a further saving on top of the Mr Lester: It's on the front page of the $20 saving which was built into the 1 July newspaper again today. How can you say I'm premium. not on the job? Dr Watson: So you support competition, Mr WELFORD: The member is a week don't you? late. They were calling me last week; he got it on the paper today. Well done! Keep up that Mr HAMILL: The legislation which the performance. We are all very proud of the House endorsed in relation to CTP introduced member. a reasonable level of competition in an industry where there had been very limited Mr Bredhauer: I'm glad you're not on competition in the past. But it is sensible page 3. competition, because the premiums are within Mr WELFORD: I ask my Government a structured range between a floor and a colleagues not to discourage the member too ceiling to ensure that we do not have the sort much. We need him out there! of crazy cutthroat competition which destroyed As I indicated at the time when the media compulsory third-party insurance in New South contacted me, the final details of the satellite Wales. So this is quite consistent with this land assessment data have not been fully Government's approach to competition where collated. The satellite imagery, of course, has it is in the public interest, where there is a been received by the resources sciences public benefit. centre division of the Department of Natural The public is certainly benefiting from the Resources. They undertake extensive field reforms to compulsory third-party insurance, checking of that imagery on a region-by-region and I urge the public to shop around to see basis. Once that assessment has been what deals are on offer from insurers. They undertaken, I will be provided with a final hard should have a look at the other products, have copy of the report, which I will be more than a look at what the insurers can offer when they happy— make their decision about their CTP insurer An honourable member: You can leak it. from 1 October. Mr WELFORD: Which I will be more than happy to leak, including to my colleague the Vegetation Change Report Opposition spokesperson. Mr LESTER: I refer the Minister for In terms of the public discussion Environment, Heritage and Natural Resources surrounding the figures that were released, all I 2146 Questions Without Notice 19 Jul 2000 can say is this: during the period 1995- with the member's honesty because, after all, 1997—the previous period—the figures were it puts paid to the nonsense the Opposition an increase on the period prior to that, and police spokesman has been peddling that was of concern. If there is a further throughout Queensland in relation to police increase, obviously it is of concern. numbers. What is happening in Beaudesert has been happening right across Queensland, contrary to what the member for Toowoomba Police Resources, Beaudesert South has been saying. I certainly want to Mr KAISER: I direct a question to the thank the member for Beaudesert for his Minister for Police and Corrective Services. honesty in putting forward precisely what is According to media reports, the member for happening in his area, the same as it is Beaudesert recently toured police stations in happening in Logan—contrary to what the his electorate. Can the Minister inform the member for Toowoomba South is House whether the member for Beaudesert saying—where, in the short two years that the found extra staff and increased resources Beattie Labor Government has been in power, during his tour? police numbers have increased by 55, and at this point in time they are 24 above their Mr BARTON: I really do thank the approved allocation. honourable member for the question, because judging by the member for Beaudesert's column, "State Scene", in the Jimboomba Dairy Industry Times on 5 July, I would say he must be very Mr ELLIOTT: I ask the Minister for Primary happy with the improvements that he has Industries: will he confirm to this House and witnessed in the areas of staffing and the people of Queensland that Government resources at police stations within his funds, together with a milk levy of 9c a litre, electorate since the Beattie Labor Government were used via the Queensland Dairy Industry was elected. And why shouldn't he be, Authority's compensation scheme to enable because this Government is boosting police those milk vendors who wished to exit the numbers and resources right around this industry to do so with their compensation State. payments? Secondly, will the Minister also I will let the member for Beaudesert's confirm that milk quotas were also gazetted words tell the story. He says, amongst other under the umbrella of this same Queensland things— Dairy Industry Authority? Given that both these "Tamborine Mountain and Canungra instruments have the backing of the police stations have excellent facilities, Queensland Government, I ask the Minister and increased staff has meant that why it was good enough for Brisbane-based weekends and evenings are well small business milk vendors to be covered." compensated out of the industry while, at the same time, dairy farmers can have their milk Further on he says— quotas destroyed at the stroke of a "Beaudesert station staffing has deregulation pen with no offer of State increased ..." compensation, despite the $98m National Further on he says— Competition Policy package. "Jimboomba has an excellent station Mr PALASZCZUK: At the outset, let me and staffing has now increased ..." just refer to the furphy about this $98m compensation payment that honourable The member for Beaudesert goes on to talk members opposite are continually referring to. about extra traffic and CIB police being based in the Jimboomba area and increasing the Dr Watson: The Premier said it. police presence there. I thank the member for Mr PALASZCZUK: I will come to that. Let Beaudesert for that third-party endorsement, us go back to late 1998. What this and particularly for his honesty and recognition Government and this Parliament did in late of the extra resources that the Labor 1998 was to deregulate the dairy industry post Government has put into police stations in his farm gate. Because we kept the farm gate electorate. Unlike some of his dinner price at 58.9c, the National Competition companions, these extra police actually do Council sat down and worked out that, exist. because we as a Government did not deregulate at the farm gate, consumers would But the member for Beaudesert's lose $98m. companion on this tour, the member for Toowoomba South, may not be so pleased Mr Horan: Rubbish! 19 Jul 2000 Questions Without Notice 2147

Mr PALASZCZUK: The honourable department in this great service. On 21 June member might call it rubbish but they are the the member for Indooroopilly made a actual facts. The National Competition Council statement to the House expressing his estimated that the consumer would lose $98m concern that youth worker support from because we did not deregulate. If the Families, Youth and Community Care to young honourable member, who comes from the offenders attending the Wangetti school in dairy industry, cannot work that out, I have no Cairns was to cease. I shared the concerns pity for him at all. that he expressed if, in fact, that support was The other issue relates to what our to cease because I knew that staff in the Premier said. I would like to quote the Premier Cairns region for the department had risen from Hansard when he said the following— since June 1999 from 20 to 33, which is a 66% increase in staffing in the region in 12 months. "The real issue for this industry—and So of course I was concerned if there were any I say this to every dairy farmer in cuts to Wangetti school. Queensland—is this: is the National Party with the dairy farmers or will it destroy I had the information checked. Hardly them? The real test will be whether Mr surprising, I found that in fact there had been Anderson"— an increase of support to the Wangetti school. It had risen from the support of the regular the National Party leader— weekly visit from a family services officer to "says to Peter Costello that the include an additional dedicated youth worker Queensland Government should not be from the indigenous youth outreach program penalised the $98m that they want to allocated on a weekly basis to the Wangetti take away from us." school and that that actually started on 19 So there is no magic pot of gold; there is no May this year. $98m. The National Competition Council is In fact, the member for Indooroopilly's there to penalise the Queensland claims were a complete fabrication and a Government. At the end of the day there is an comprehensive and mischievous lie. issue that each of us has to realise and that Therefore, I was even more surprised when I issue is this: the industry says that the Federal was contacted by ABC Radio to hear the Government is going to make $500m in member for Indooroopilly's claims being taxation out of this package. Members repeated not only by him but by a counsellor opposite should all be down there talking to for the Wangetti school. their mates in Canberra to redirect some of Mr BEANLAND: I rise to a point of order. I that taxation gain that the Federal find offensive and unparliamentary the word Government will make from this dairy industry "lie" and I ask that it be withdrawn. restructure package. Mr SPEAKER: I did not hear the word Coming to the first part of the question, I "lie". will certainly make some inquiries ASAP and get back to the honourable member. Ms BLIGH: I said that the information was a comprehensive lie. Mr SPEAKER: Order! There is no point of Wangetti Education Centre order. The Minister did not say that the Mrs BOYLE: I ask the Minister for member for Indooroopilly lied. I call the Families, Youth and Community Care and Minister. Minister for Disability Services: in light of recent Mr Schwarten: If the cap fits— scaremongering by the Opposition, can she please correct for the record the level of Ms BLIGH: If the cap fits, the honourable support provided by Families, Youth and member should wear it. I was able to reassure Community Care Queensland to young people ABC Radio on the facts of this matter and it on community service orders attending the did not run the story. I was intrigued and Wangetti Education Centre in far-north perplexed to find that a counsellor at the Queensland? Wangetti school could be under the misapprehension that funds and resources to Ms BLIGH: I thank the honourable the school were to cease. Departmental member for her question. Her interest in the officers checked with the school staff to find welfare of young people in her region and the out how they had come to this need for services that attend to their needs is misapprehension and who was the source of well known. this false information. In other words I wanted I am very pleased to have the opportunity to know who had told the Wangetti school that to place on the record the involvement of the they were to have the supply of the youth 2148 Land and Resources Tribunal Amendment Bill 19 Jul 2000 worker cut. Imagine my surprise to find that it I can only assume that there is only one was none other than the failed former member person basically who has been out supporting for Mulgrave, Naomi Wilson, who had informed the Davies Creek option. That is Peter the school of this matter. I was delighted to Campion. I talked to Peter Campion when we inform the Wangetti school and indeed the had a Community Cabinet meeting in House that Ms Wilson no longer makes Atherton. My departmental officers have met funding allocation decisions for the with him on a number of occasions. It would Department of Families, Youth and appear that he has now found a single ally in Community Care—and a very good thing for the member for Tablelands. the Wangetti school that is. Might I say in respect of the Kuranda What an interesting alliance to see the Range study option that whilst I have had Liberal shadow Minister working hand in hand many representations and contacts in respect with the National Party candidate. What an of this issue from the member for Barron River, interesting and unlikely marriage that is—the Lesley Clark, who has beaten a path to my Liberal shadow Minister working hand in hand door and who has regularly informed herself with the National Party candidate for Cairns at and attended community meetings and those the very time that the Liberal Party in Cairns kinds of things, I have had nothing but silence has advertised for a Liberal Party candidate. from the member for Tablelands in respect of I suggest to the honourable member for this issue. He has not sought a reply from me Indooroopilly that if he wants to know what is on any issue in relation to the Kuranda Range happening in the Cairns region, he would be corridor study and his belated interest two better to wait until his own party has years into the study process belies the preselected somebody who knows what is representation that he offers the long-suffering happening. people of Tablelands who have that buffoon as their local member. We will— Kuranda Range Corridor Mr Nelson: I rise to a point of order. I find Mr NELSON: I ask the Minister for that offensive and ask it be withdrawn. Transport and Minister for Main Roads: given Mr BREDHAUER: I withdraw. I will allow that the Kuranda Range tunnel option was the process to continue until its finalisation and abandoned by all thinking far-north I will assure the people of far-north Queensland politicians in the 12 July issue of Queensland that this Government will make a the Endeavour News in a report by Gabrielle decision on the final recommendation once I Treasure, which I table for the pleasure of the make the presentation to Cabinet and that House, and the concept is far beyond any once that decision has been made we will put foreseeable Budget capacity, will the Minister appropriate funding mechanisms in place so now consider the Davies Creek option as a that we can deliver the kind of road and practical, achievable and economically transport infrastructure services which the responsible alternative to what the far-north people of far-north Queensland saw this Queensland community now know to be a Government was committed to through the pipedream? Budget which was brought down by Treasurer Mr BREDHAUER: I thank the honourable Hamill yesterday and which I, as the member member for the question. In fact, the study in for Cook and the Minister for Transport and respect of the Kuranda Range corridor has not Minister for Main Roads, have continued to been finalised. The Kuranda Range tunnel is deliver. Under this Government more than half still under consideration as we go through the of the roads budget is being delivered outside final stages of public consultation. I have south-east Queensland to support road and said—and I remarked when we released the transport infrastructure in rural and regional final stage of the report for the last round of parts of Queensland, and I will give a public consultation prior to assessing the input commitment to continue that. from that public consultation—that the cost of Mr DEPUTY SPEAKER (Mr Fouras): the tunnel does appear prohibitive. Order! The time for questions has expired. Notwithstanding that, I recognise that there are a significant number of people in the community in far-north Queensland who still LAND AND RESOURCES TRIBUNAL support the tunnel as their preferred option, AMENDMENT BILL and so we have continued to leave the tunnel option in the impact assessment process so Hon. P. D. BEATTIE (Brisbane Central— that it can be fully evaluated and the matter ALP) (Premier) (11.30 a.m.), by leave, without can finally be resolved. notice: I move— 19 Jul 2000 Land and Resources Tribunal Amendment Bill 2149

"That leave be granted to bring in a In spite of all the work that the staff and Bill for an Act to amend the Land and members of the tribunal have undertaken, Resources Tribunal Act 1999." concern has been raised in some quarters Motion agreed to. about the limited work the Land and Resources Tribunal Act currently makes available to the presiding members of the tribunal. In a response to those concerns, the First Reading Bill extends the role of the deputy presidents Bill and Explanatory Notes presented and of the tribunal to include hearing of non-native Bill, on motion of Mr Beattie, read a first time. title matters, including matters it was proposed would be dealt with by the yet to be appointed mining referee. Second Reading In a reflection of a change of policy, the Hon. P. D. BEATTIE (Brisbane Central— Bill amends the Land and Resources Tribunal ALP) (Premier) (11.31 a.m.): I move— Act so that the two existing mining wardens do not automatically become members of the "That the Bill be now read a second tribunal, or more particularly mining referees. time." Instead, the two wardens and the Wardens As the name indicates, the Land and Court will continue to exist outside the tribunal Resources Tribunal Amendment Bill 2000 with a specialised jurisdiction. The warden's amends the Land and Resources Tribunal Act. current jurisdiction for conducting inquiries into The Land and Resources Tribunal Act, which serious accidents under the Coal Mining Act was passed by this Parliament in 1999, 1925 and the Mines Regulation Act 1964 will established the Land and Resources Tribunal. remain. This jurisdiction was otherwise to have The tribunal has commenced exercising a been exercised by the tribunal, and more limited but important part of its intended particularly the mining referee. Instead, this jurisdiction. That jurisdiction which the tribunal specialised jurisdiction will continue to be is currently exercising consists firstly of an undertaken by the warden. exclusive jurisdiction for cultural heritage The Bill gives effect to an expanded role injunctions under section 53 of the Land and for the presiding members of the tribunal Resources Tribunal Act. The second part of through amendments to Schedule 1 of the the tribunal's jurisdiction is as the independent Land and Resources Tribunal Act. The body to hear any objections from native title amendments provide that, in specified cases holders for the purposes of the compulsory under the Mineral Resources Act and the acquisition of native title for the benefit of a Fossicking Act, the tribunal may be constituted third party under section 78B of the State by a presiding member, instead of the mining Development and Public Works Organization referee, for those purposes as set out in Act 1971. Schedule 1. By the application of new section The wider part of the jurisdiction yet to be 70A, the tribunal may be constituted in those exercised by the tribunal relates to two particular cases by what is termed as a separate areas. The first area of jurisdiction is presiding member (alternative), namely by a the alternative State procedures to the deputy president of the tribunal. Commonwealth right to negotiate. The second To accommodate this new manner in area of jurisdiction relates to the transfer of the which the tribunal can be constituted, namely non-native title mining functions of the as a presiding member (alternative), the Bill wardens and the Wardens Court under the makes a number of minor consequential Mineral Resources Act 1989 and the amendments to certain of the procedural Fossicking Act 1994. The president and sections of the Land and Resources Tribunal deputy presidents of the tribunal, supported by Act. These amendments are necessary so as the tribunal staff, have been active in to differentiate when a deputy president is consultation with stakeholders about the constituting the tribunal as a deputy president tribunal's rules, forms, practices and and when a deputy president is constituting procedures. The members have been the tribunal as a presiding member engaged in a community awareness program (alternative). The Bill also makes a number of regarding the tribunal's activities, current and minor and technical amendments to the Land intended, and have taken the initiative of and Resources Tribunal Act. I commend this travelling to diverse regions of the State to Bill to the House. meet and inform a wide range of members of Debate, on motion of Mr Borbidge, the community. adjourned. 2150 Status of Children Amendment Bill 19 Jul 2000

STATUTE LAW (MISCELLANEOUS of assent of that Act. The amendments PROVISIONS) BILL correct minor drafting errors. Hon. T. M. MACKENROTH (Chatsworth— The Gas Suppliers (Shareholdings) Act ALP) (Minister for Communication and 1972 is repealed by clause 5 of the Bill. The Information, Local Government and Planning Act was originally intended to protect and Minister for Sport) (11.35 a.m.), by leave, franchises granted under the Gas Act 1965 without notice: I move— specifically for Allgas Energy Ltd. Under the "That leave be granted to bring in a Bill for terms of the proclamation made in 1973, an Act to make various amendments to Allgas was designated a gas supplier to which Queensland statute law." the Act applied. However, the proclamation was allowed to expire on 1 July 1998 and Motion agreed to. Allgas was subsequently taken over by Energex. First Reading In light of the National Competition Policy Bill and Explanatory Notes presented and principles, the Act could be seen to be anti- Bill, on motion of Mr Mackenroth, read a first competitive in that it places restrictions on time. business from participating and competing freely in the market. In addition, the original intention for introduction of the Act is no longer Second Reading applicable. I commend the Bill to the House. Hon. T. M. MACKENROTH (Chatsworth— Debate, on motion of Mr Beanland, ALP) (Minister for Communication and adjourned. Information, Local Government and Planning and Minister for Sport) (11.36 a.m.): I move— STATUS OF CHILDREN AMENDMENT BILL "That the Bill be now read a second Hon. M. J. FOLEY (Yeronga—ALP) time." (Attorney-General and Minister for Justice and The Statute Law (Miscellaneous Minister for The Arts) (11.39 a.m.), by leave, Provisions) Bill 2000 is essentially an omnibus without notice: I move— Bill that incorporates legislative amendments "That leave be granted to bring in a that are concise, minor and non-controversial. Bill for an Act to amend the Status of It is designed to save the time of the Children Act 1978, and for another Parliament by using one Bill to effect the purpose." amendments instead of 62 Bills. This streamlining of procedure saves not only time Motion agreed to. in the Parliament but also the time and resources of Government and departments. First Reading No amendment involving policy changes or issues of substance are included in the Bill. Bill and Explanatory Notes presented and Bill, on motion of Mr Foley, read a first time. Amendments to be specifically noted allow the retrospective commencement of— amendments 7 to 9 of the Radiation Second Reading Safety Act 1999 are taken to commence Hon. M. J. FOLEY (Yeronga—ALP) immediately before 1 January 2000. The (Attorney-General and Minister for Justice and amendments make a minor correction to Minister for The Arts) (11.40 a.m.): I move— the name of an Act and correct a "That the Bill be now read a second provision reference to accord with a time." subsequent renumbering of the provision; Since the days of Solomon courts have amendment 6 of the Statutory wrestled with the problem of determining the Instruments Act 1992 inserts a provision parentage of children. This Bill aims to assist declaring that the Statutory Instruments courts in that task. There are three purposes to Regulation 1992, Schedule 8, is taken to this Bill. The first purpose is to provide a more have always been included in the rational set of presumptions of parentage than Schedule despite its title having been the currently exist in the Status of Children Act subject of a minor misdescription when 1978. The second purpose is to achieve originally included in the Schedule; and national uniformity as agreed to by the amendments 1 and 2 of the Queensland Standing Committee of Attorneys-General in Competition Authority Amendment Act October 1992. The third purpose is to repeal 2000 are taken to commence on the date section 30 of the Maintenance Act 1965. 19 Jul 2000 Status of Children Amendment Bill 2151

The question at issue is usually one of arising from de facto cohabitation. The de establishing paternity—which male is the facto rule presumes that a man who cohabited biological father of a particular child. with the mother of the child between 44 and Presumptions are rules of evidence for the 20 weeks prior to the birth is the father of the courts. They facilitate proof by allowing certain child. It is desirable to have such a facts to be inferred when other secondary facts presumption as many children are born of de are established. All the presumptions—except facto relationships. The growth in the number for presumptions based on the findings of a of couples living together in de facto court that are made while the parent is relationships has been one of the significant alive—are not conclusive. They can be changes in the structure of Australian family rebutted by other more direct evidence. A life. presumption arising from a court finding made There is also a modification to the when a person is alive that is not altered, set presumption arising from registration of the aside or reversed is irrebuttable. This is birth. The Bill provides that the man and because all the parties are alive at the time the woman named as parents in the birth register finding was either made, altered, set aside or of any Australian State or prescribed overseas reversed and are able to contest the finding. jurisdiction will be presumed to be the parents Increasingly genetic or blood testing is of that child. This is an extension of the current used, and can conclusively disprove presumption in section 8(1) of the Status of parentage. With the advent of this blood and Children Act 1978 in two ways. Firstly, the genetic testing, much of the uncertainty in presumption in section 8(1) only applies where proving paternity has been removed. However, the name of the father is entered in the there remain cases where such testing is register. unavailable—for example, if the putative father or child is dead or where one of the parties will The new presumption of paternity will not consent to the testing. In those cases, the apply when either the name of the father or presumptions remain important. the mother is registered as a parent of the child. This means that, when the name of the Parentage presumptions need to be mother is registered, she is presumed to be uniform to avoid forum shopping and to the child's parent. Secondly, the current minimise the possibility of different courts presumption only applies to births registered in making different findings of parentage. In Queensland. The new presumption will extend addition, the Family Court is becoming the to birth registers in any Australian State or predominant court in this area, so it is prescribed overseas jurisdictions. The definition especially desirable that the presumptions in of "prescribed overseas jurisdiction" is the States and Territories match those used by the same definition that applies to the Family Court. Commonwealth Family Law Act 1975. These This Bill is based on a model Bill endorsed changes recognise the increasing mobility of by the Standing Committee of Attorneys- Australian society and the multicultural nature General. All jurisdictions have enacted this of the Australian population. legislation except for South Australia, where it Since the 1987 amendments to the is under consideration. Whilst most family Family Law Act 1975, provisions related to matters are now the province of the Family medical testing for parentage are no longer Court, Queensland courts may have to uniform. Uniform testing procedures are consider issues of parentage in a variety of desirable because under the uniform circumstances, including— legislation court findings of parentage are intestacy distributions; recognised from any court of the family provision applications; Commonwealth, State or a prescribed overseas jurisdiction. Clause 18 of the Bill succession to property and the makes procedural changes to effect the construction of wills. uniform provisions on medical testing—now Presumptions of parentage currently arise called parentage testing procedures. Details from— on parentage testing procedures will be marriage; included in the redrafting of the Status of Children Regulations 1989. registrations of birth; findings of courts; The current requirement that a parentage test shall not be performed without consent will acknowledgments from the parent. remain. Provisions related to children or These presumptions are being modified persons lacking capacity in relation to the slightly. In addition, there is a new presumption carrying out and consenting to parentage 2152 Gambling Legislation Amendment Bill 19 Jul 2000 testing procedures are updated. The concept Mr DEPUTY SPEAKER (Mr Fouras) read of "care and control" is replaced with the a message from His Excellency the Deputy current concepts of— Governor recommending the necessary if the person is a child under 16 years, or appropriation. is a child who is 16 or 17 years old with impaired capacity—the child's parent or First Reading guardian or person exercising parental responsibility; Bill and Explanatory Notes presented and Bill, on motion of Mr Hamill, read a first time. if the person is an adult with impaired capacity—a person who may exercise powers in relation to personal matters for Second Reading the adult under a power of attorney under Hon. D. J. HAMILL (Ipswich—ALP) the Powers of Attorney Act 1998 or a (Treasurer) (11.48 a.m.): I move— guardian for the adult under the Guardianship and Administration Act "That the Bill be now read a second 2000. time." This Bill also repeals section 30 of the This Bill implements the high priority policy Maintenance Act which currently provides that initiatives from the Government's policy a maintenance order for a child shall not be direction for gambling in Queensland. The made "if the court is satisfied that, at about the policy direction is a decisive and time the child was conceived, the mother (or comprehensive initiative of the Government to as the case may be, woman) was a common address the social and economic issues which prostitute or had intercourse with men other have arisen from the recent rapid growth in than the defendant". This is an odious and gambling in Queensland. The Government archaic evidentiary provision that discriminates has deliberately taken time to develop its against women and their children. It has also future direction with respect to gaming and little practical application since the referral of gambling in general. power to the Commonwealth in June 1990 I announced a review of Queensland's over maintenance of ex-nuptial children—now gaming industry in March last year. This under the Commonwealth Family Law Act occurred in an environment of growing 1975 and Child Support (Assessment) Act community concern about the continuing rapid 1989. growth of the gaming industry and its effect on The changes to the presumptions as to individuals, families and the community at paternity will allow the courts to determine large. Concurrently, we needed to preserve the more readily who are the parents of a child. benefits that the gambling industry has The Bill is an important initiative in achieving provided to the State, such as employment, uniformity across all States and Territories in tourism investment, and recreation and leisure the recognition of the rights of children that facilities. Today, I am pleased to be able to derive from their parentage. I commend the introduce into the House Stage 1 of strong Bill to the House. and responsible legislation that will both address the community's concerns while Debate, on motion of Mr Springborg, providing for a long-term viable industry. adjourned. This outcome is in keeping with the objective that the Government set itself at the GAMBLING LEGISLATION AMENDMENT start of the review: to restore the balance BILL between the social and economic impacts of Hon. D. J. HAMILL (Ipswich—ALP) gaming. In April 1999 I informed the House of (Treasurer) (11.47 a.m.), by leave, without the terms of reference for the gaming review. notice: I move— These were framed to provide for a better balance between the social and economic "That leave be granted to bring in a benefits and costs of gambling in Queensland Bill for an Act to amend the Casino communities. What followed was probably the Control Act 1982, Charitable and Non- most comprehensive review of gaming this Profit Gaming Act 1999, Gaming Machine State has undertaken, with extensive Act 1991, Interactive Gambling (Player consultation involving community and industry Protection) Act 1998, Keno Act 1996, input. Indeed, I would again like to thank my Liquor Act 1992, Lotteries Act 1997 and colleagues who assisted in that task. Wagering Act 1998." Following the review, a green paper on Motion agreed to. gaming in Queensland was released for public 19 Jul 2000 Gambling Legislation Amendment Bill 2153 discussion on 13 December 1999. The acknowledged the Productivity Commission's Government was encouraged by the general comment that the highest percentage of community and industry support for the community problems associated with gambling majority of the green paper proposals. This arises from gaming machines. Consequently, included support for— under the Gambling Legislation Amendment controls on the expansion of gaming Bill, the powers of the Queensland Gaming machines; Commission will be expanded and provision is being made for greater coordinated coordinated strategic research; community input into the decision-making initiatives to address problem gambling; processes for gaming machine applications. and These changes are significant and require that greater opportunity for community and I deal with them in some detail. local authority input in the consideration of Powers of the Queensland Gaming gaming machine applications. Commission In keeping with any green paper process, The powers and the responsibilities of the the Government actively considered the Queensland Gaming Commission are to be submissions we received and refined the policy significantly expanded. The Bill specifically proposals contained within the green paper. requires that the commission must consider The two fundamental principles on which the the likely effect of a proposed decision on the policy direction is founded are balance and local community. This will form part of the coordination. The Government recognises that commission's regard to the social implications most Australians at some time or other will of its decisions. This builds upon the participate in gambling as part of their general amendment to the Gaming Machine Act that I leisure and entertainment activities. Indeed, brought to this Parliament last year. In that the Productivity Commission, in its review on amendment the commission was given the gambling, estimated that over 80% of the ability to consider information or material about Australian population gambled last year and social and community issues in its decision- most did so without harm to themselves or making processes. others. The Bill also gives the Queensland It should also be noted that the gambling Gaming Commission the power to issue industry in Queensland has contributed to the guidelines. For example, the commission may current strength of the tourism industry and, choose to issue guidelines outlining its views importantly, this has meant jobs for a on the location of gaming machines in a site or significant number of Queenslanders. To that the proximity of gaming machines to ATMs. can be added gambling's contribution to The commission may also issue guidelines Queensland communities, either directly about its position on the proximity of gaming through the impact on community based machines to schools, shopping centres and clubs, or indirectly through levies on casino other venues of community congregation. The profits for benefit funds or general revenue commission will also be able to provide advice that supports all Government services. to me about gambling issues for which they The gambling industry, whether it is have some responsibility and, similarly, I will be racing, lotteries, gaming or casinos, is part of able to ask them to advise me on issues of Australian society and Queensland's social concern. and economic landscape. However, the As outlined in the Government's policy Government also recognises the need to direction paper, the nexus between gaming balance these economic and social benefits machine licences and liquor licences will be against the social costs of gambling. weakened. The granting of a liquor licence has Accordingly, this balance is to be instituted never meant instant approval for a gaming across all forms of gambling, including licence, and this Bill will strengthen that machine gaming, lotteries, casinos, Keno, principle. The Bill provides the power for the wagering, charitable and non-profit as well as commission to set the hours of gaming for interactive gambling. which a licence is sought. The commission will The Government's commitment to be able to set the trading hours for a gaming ensuring that the benefits of gambling machine site at a number less than the hours outweigh the costs is not rhetoric. It is clearly permitted by the site's liquor licence. It is also stated in each of Queensland's seven reflected in the commission's Information gambling Acts as the overarching object of Notice for Applicants for Gaming Machine each Act and it is being taken further in the (Site) Licences and Increases, which Gaming Machine Act. The Government has comments to the effect that the possession of 2154 Gambling Legislation Amendment Bill 19 Jul 2000 a liquor licence is not a guarantee of the grant A community impact statement will need of a gaming machine licence but is merely one to address the economic and demographic of a number of prerequisites. characteristics of the local community. It will Community consultation analyse social impacts, including anticipated patron numbers, disadvantage factors, social Public comment will be sought and infrastructure and local views on the proposed considered on applications for new gaming machine sites as a matter of course. Such venue. It will also provide a proposed method comment will also be sought on applications of dealing with any predicted adverse impacts for significant increases in gaming machines at as well as details of the venue's proposed a site. A regulation will be made specifying responsible gambling program. All of these "significant" to mean an increase of 20 or matters I have mentioned thus far are brought more machines at a club or 10 or more into effect by Part 4 of the Bill. machines at a hotel. I must stress that the Machine lapsing Queensland Gaming Commission will be able In regard to pre-existing approvals for new to seek public comment and require the gaming machine sites or increased machine preparation of a community impact statement numbers, the Government does not wish to for any proposed increases in gaming see these pre-existing approvals "banked" machines. There are some members of the almost indefinitely for installation at some yet industry who may seek to circumvent the to be determined date. Rather, the Government's community impact statement Government believes it is desirable that, requirements by applying for increases of 19 or following an appropriate period of grace for 9 machines. I believe the commission is likely licensees, all sites should be placed on an to see those applications for what they are. equal footing and the industry should Applications for new sites or significant commence operating under the new regulatory increases in gaming machines will need to be environment with the new rules applying to advertised. However, the Government is not in everyone. the business of creating additional and Accordingly, provision is being made, also unnecessary red tape for the industry. For under Part 4 of the Bill, to require new gaming instance, where an applicant is also making an machine sites to be operational by 13 application under the Liquor Act 1992, the Bill December 2000 where the commission provides for a composite advertisement to be previously either approved the site to be made in conjunction with the liquor licensing operational within 12 months of the date of authority. This will assist such licence actual issue of the licence or placed no time applicants to avoid doubling up on their limits for the site to be operational. This date is advertising. 12 months from the date of release of the The Bill provides for consultation with green paper on gaming in Queensland as well relevant local governments and any other as 12 months since the commission began organisations or persons, including members placing conditions on new gaming machine of Parliament, who are deemed relevant in licences that machines must be installed in a relation to an application for a new site or site within 12 months of the approval. increases. This amendment also provides for Under the Bill, a provision also is being the commission to gain access to any made to require existing sites to install their supporting documents, objections or any representations made in response to an approved level of gaming machines by 1 application. September 2000 in cases where the commission previously had placed no time limit A community impact statement will be on the installation of the machines. This date required to accompany all applications for new is a little over a year since the commission gaming machine sites and all significant began consistently applying a six-month increases in gaming machines. The installation requirement on the approval of Government has issued a draft community gaming machine increases. impact statement for consultation with the community and industry. It is expected that a Interstate clubs final community impact statement would As honourable members may be aware, a include detailed venue information, including few interstate clubs have recently sought to proximity to areas of community congregation amalgamate with Queensland clubs that have and facilities frequented by minors, such as gaming machines without complying with the amusement arcades, cinemas and fast food requirements placed on Queensland clubs in outlets. An outline of the applicant's research similar situations. The Government is firmly methodology and consultation undertaken will committed to ensuring that the principles also be required. applying to Queensland clubs seeking 19 Jul 2000 Gambling Legislation Amendment Bill 2155 approval for an additional gaming machine site Second, funds will go to gambling research are also applied to interstate clubs which seek and dealing with social issues arising from an additional site in Queensland. This gambling such as responsible gambling commitment is reflected in the Bill. This initiatives. Third, funds will also assist programs provision does not rule out interstate clubs of Statewide significance including job providing management and financial services creation, community renewal and crime to Queensland clubs, provided parties can prevention. satisfy the commission that contracts do not Other Matters involve profit sharing arrangements. Other matters dealt with in Part 4 of the Community benefit statements Bill include providing that a site may only apply Gaming machines were originally once every year for an increase in gaming introduced to help the then financially ailing machines unless there are exceptional club industry and improve the provision of circumstances. Also, the currently narrow facilities and services to its members. It is for definition of "public interest" is being removed this reason that clubs are taxed at lower rates from the Gaming Machine Act. The current than hotels with gaming machines. As definition is very narrow as it links the "public honourable members may also be aware, interest" to the maintenance of public concerns were raised suggesting that some confidence and trust in the credibility or clubs may have been using their revenue from integrity of gaming, or the conduct of gaming gaming machines to build larger premises to or the administration of licensed premises or house more gaming machines rather than to dealings with gaming equipment. Removal of provide benefits to the community. the definition will enable the term to be read in Consequently, under Part 4 of this Bill, clubs its usual meaning of dealing with the interest with more than 50 machines—a number that of the public at large, rather than linking it only will be fixed by regulation—are to provide an to trust, integrity and credibility of gaming. annual community benefit statement, detailing Other Amendments all financial contributions made and other support given during the financial year to This Bill also contains a number of charitable, sporting, recreational and other important but relatively straightforward community associations and initiatives. As with amendments to several pieces of Queensland community impact statements, a draft of the gaming legislation, the detail of which I will now matters to be included in the community outline. Part 2 of the Bill amends the Casino benefit statement will be released for Control Act 1982 to provide for the overarching community comment to ensure that the object of ensuring, on balance, that the State Government is aware of the community's and community benefit from gambling. It also expectations on this issue. provides the courts with a counselling option ahead of sentencing for problem gamblers Revenue and Funds who are excluded persons not to enter or Under Part 4 of the Bill, the community will remain in a casino. A court hearing a case also continue to directly benefit from taxes on where a person has breached the exclusion gambling. Currently, taxes from most but not clause will be able to postpone any sentence all forms of gambling contribute to community and order the person to undergo the benefit funds. Under the Bill, a new fund is recommended counselling if the person established, called the Community Investment exhibits harmful behaviour related to casino Fund, that will receive revenue from all forms gambling. of gambling. The community investment fund Part 3 of the Bill amends the existing will be established and a fixed amount of 8.5% objective of the Charitable and Non-Profit of taxes from lotteries, Keno, wagering, Gaming Act 1999 to incorporate the interactive gaming and gaming machines will overarching community benefit object whilst go to the fund. The fund will, in turn, allocate retaining the existing objects. Under Part 3, for this money to three activities. the purposes of the Act, a constituent unit of First, the fund will make allocations to the an eligible association is to be considered an Gaming Machine Community Benefit Fund, "eligible association" to conduct charitable which is to be renamed the Gambling games. Thus, sub-branches of State or Community Benefit Fund. This name change national organisations will be able to conduct acknowledges that all forms of gambling Category 1 and 2 games in their own right. contribute to the operation of the fund, not just Part 5 amends the Interactive Gambling gaming. This is, in effect, a name change only, (Player Protection) Act 1998 to also provide for as the highly successful fund will otherwise the overarching object whilst retaining the continue with its current format and processes. existing objects. Part 6 of the Bill amends the 2156 Corrective Services Bill 19 Jul 2000

Keno Act 1996 to provide for the overarching "That the Bill be now read a second object and payment of a proportion of taxes to time." the community investment fund. It also The Corrective Services Bill 2000 strengthens the prohibition on credit betting represents a complete overhaul of all situations where Keno operators or their Queensland corrective services legislation. This employees provide or misrepresent a cash has not been done since 1988 and is long advance to a person who is a Keno player. overdue. The changes we have made to Part 7 of the Bill makes some minor technical corrective services in this Bill are tough but fair. amendments to the Liquor Act 1992, whilst The tough but fair approach to corrective Part 8 amends the Lotteries Act 1997 to services has been the feature of the Beattie provide for the overarching object, as well as a Government's treatment of corrective services percentage of lottery taxes to go to a fund issues. As members would recall, I moved established under a gaming Act, which again quickly to make it tougher for drugs to enter will be the community investment fund. Finally, prison with the General Managers' Task Force Part 9 amends the Wagering Act 1998 to on Drugs. I have also toughened security provide for the overarching object. It also provisions in our centres, and we have not had creates a prohibition on credit betting so that a an escape from one of our secure custodial general operator must not make a loan or facilities since the Beattie Government extend or misrepresent credit in any form to a assumed power in June 1998. This compares person to enable the person to take part in with the shocking record of the approved wagering. Borbidge/Sheldon Government when violent I wish to point out to honourable offenders such as Brendon Abbott broke out members that these are not the only of jail at will. amendments required to give effect to the In this Bill, the Beattie Labor Government totality of the Government's Policy Direction for is serious about making sure that no serious Gambling. Further amendments will be offenders are reintroduced into the community brought forward this year. In the meantime, without supervision. This Bill abolishes however, this Bill represents a large part of the remission and thus ensures that all serious Government's commitment to implementing offenders have to undergo some form of the Government's Policy Direction for supervised release. Under current remission Gambling, balancing, as it does, the social and provisions, prisoners can simply sit out two- economic benefits and costs of gambling in thirds of their sentence and are automatically Queensland communities. I commend the Bill released into the community without any to the House. supervision. This is a totally unacceptable Debate, on motion of Dr Watson, situation. I am sure that the rest of the House adjourned. will support the Beattie Government's moves to abolish remissions. The Bill also imposes a consistent regime CORRECTIVE SERVICES BILL and rules across all of Queensland's Hon. T. A. BARTON (Waterford—ALP) correctional facilities. At the moment, each (Minister for Police and Corrective Services) centre has its own set of rules and it is very (12.04 p.m.), by leave, without notice: I confusing for the public, staff, stakeholders move— and prisoners. The Bill also toughens the provisions regarding the use of telephones "That leave be granted to bring in a and mail and makes procedures clearer on the Bill for an Act to provide for corrective controversial issues of strip searches and the services, and for related purposes." use of force. Motion agreed to. The development of this legislation has been a long and detailed process. In August First Reading 1998, I commissioned a review of the effectiveness of the operations of the Bill and Explanatory Notes presented and Queensland Corrective Services Commission. I Bill, on motion of Mr Barton, read a first time. also requested that an assessment be made of the legislation which was developed in 1988 to establish and operate the Queensland Second Reading Corrective Services Commission, that is, the Hon. T. A. BARTON (Waterford—ALP) Corrective Services Act 1988 and the (Minister for Police and Corrective Services) Corrective Services (Administration) Act 1988. (12.04 p.m.): I move— These requests were in accordance with the 19 Jul 2000 Corrective Services Bill 2157 requirements of section 72 of the Corrective were made to accommodate as many Services (Administration) Act 1988 to stakeholder recommendations as was undertake five and 10-year reviews of reasonably possible without compromising the corrective services operations. Government's commitment to community In January 1999, I received the report safety and crime prevention. undertaken by the Queensland Corrective The policy objective of the Bill is to provide Services Review entitled "Corrections in the for the safe and humane containment, Balance". The report identified that there was supervision and rehabilitation of sentenced an urgent need for a comprehensive revision offenders and persons detained in custody on of legislation. In fact, the report found that remand. A major priority of the Bill is the safety such a revision was long overdue. There was a of the community and the safety of staff and plethora of commission's rules, policies, visitors. The proposed Bill will provide for the general managers' rules, practices and management of offenders within a safe procedures which made it difficult for environment and according to their risks and correctional staff to follow and stakeholders to needs so as to address and provide for their access. These rules, policies and procedures rehabilitation requirements. In this regard, needed to be rationalised and consolidated to Queensland will lead the nation in the improve the accessibility to, and the provision of correctional services in the 21st effectiveness of, correctional operations. In century. I would now like to outline some of the these respects, and to give effect to the major issues addressed in the Bill. establishment of a department of corrective Use of Force services, the report proposed that the The use of reasonable force, and the use Corrective Services Act and the Corrective of lethal force in clearly specified Services (Administration) Act be replaced by circumstances, is succinctly articulated in the one consolidated Act. Bill. As to the use of lethal force, I understand The Corrections in the Balance report that the question of whether escaping further recommended that the new Act prisoners may be fired upon by correctional address several long-standing and contentious staff has been an area that has been issues. These issues included the ambiguity of shrouded in legal ambiguity for some 100 current provisions in relation to the use of years. lethal force by corrective services officers; the Since 1988, certain correctional officers powers of correctional officers to search have been authorised to carry weapons. prisoners and visitors to correctional facilities; Officers undertaking perimeter patrol around the treatment of indigenous offenders and secure prisons, officers of the Dog Squad and female offenders; and the issue of when, and officers attached to courts and the to whom, early release provisions should department's transport and escort personnel apply. are expected to be trained in the use of, and The Bill has been developed as carry, weapons. However, they had no recommended by the Queensland Corrective legislative power to use these weapons. Services Review's report Corrections in the The Corrective Services Bill 2000 seeks to Balance. Several of the report's redress this situation. The Bill provides that any recommendations related to the need for new exercise of lethal force is clearly restricted to corrective services legislation and the report specific situations where there is a reasonable specifically identified the urgent need to adopt belief that grievous bodily harm or death of an more transparent and accessible legislation innocent person could be the result in the than that currently in operation. circumstance of an assault or escape, or Since March 1999, when the review of the attempted escape, from a secure facility. The current legislation began, issues papers in term "secure facility" is precisely defined in the relation to almost 50 legislative items were Bill to mean particular high security prisons and prepared and distributed to more than 70 courts. Low security correctional facilities are stakeholder agencies. In addition, all not covered by the terms of these provisions stakeholder submissions received over the and there is no intention to extend lethal force past 10 years in regard to corrective services provisions to such facilities. legislation were considered in the preparation The Bill clearly countenances the use of of these issues papers and in the drafting of lethal force only in extreme circumstances. The the Bill. While there was broad general Bill also ensures that the requirements for the agreement with the proposals, some prisoner use of force and the reporting arrangements advocacy groups do not necessarily agree with are specified and that prisoners and visitors to the policies or intent of all provisions. Efforts secure facilities are aware of these powers. 2158 Corrective Services Bill 19 Jul 2000

Search Powers Correctional Centre in 1997 and Borallon Correctional Centre in 1998. The current Act is ambiguous in regard to the powers of a correctional officer to search It is acknowledged that many female and persons other than prisoners. On the basis male prisoners have been victims of both that it is an offence for a person to take any sexual and physical abuse. In fact, the high article or substance into a prison without rate of use of illicit substances by victims of authority, the current Corrective Services Act abuse is well documented. The Bill, however, 1988 provides the authority to search and contains provisions which will minimise the arrest anyone suspected of committing an distress of these prisoners by ensuring that offence. their dignity is maintained as far as practicable. For example, the Bill provides that only officers The existing legislative provisions are of the same gender be present and that no considered to be problematic in that the type more officers than are needed may be of "search" to which a person/visitor may be present. submitted is not prescribed. For example, stakeholders have raised concerns in regard to In consideration of these incidents, all the legality of strip searching and pat-down stakeholder submissions received since July searches of visitors. In addition, the absence 1999 and the analysis of the practices of other of the criterion of "reasonable grounds" in correctional jurisdictions, it is considered that regard to the searching of visitors has raised strip searching of prisoners in secure facilities is issues concerning perceived targeting of a viable and effective option in ensuring the certain visitors for punitive reasons. safety of the community, staff and prisoners. It restricts the likelihood of the import of The Bill has attempted to address these prohibited articles and substances into high concerns and clarifies the position of the security prisons and is used with other tools correctional officials in terms of the searching such as security cameras and scanning of visitors. It is proposed to translate the devices. The discretionary nature of such current provisions requiring the corrective searches for secure facilities is designed to services officer to only use reasonable force to minimise the likelihood of prohibited articles search a person and his/her possessions being brought into secure prisons.The current where there are reasonable grounds to believe policy of the Corrective Services Department is that a person has committed an offence. The that all prisoners are strip-searched after all clear intent of the Bill is that visitors will not be contact visits, and this policy will remain. subject to a strip search, a personal search or Access to families and support systems body search. If there is sufficient reason to justify any of the above searches, the officer Several support mechanisms for prisoners must refer the matter to the police. will be initiated under the Bill. For example, in consideration of submissions from a number of The Bill defines the type of searches stakeholder agencies, there will be no which may be undertaken by officers in regard legislative requirement to monitor prisoners' to visitors. For example, a visitor to a secure legal phone calls or phone calls to law facility may be required to submit to a enforcement agencies. In fact, at my request, scanning search and must be required to the department has already put in place a submit to a general search. A "scanning system whereby authorised legal phone calls search" includes a scan of a person and are not recorded and monitored. This will his/her possessions by electronic or other provide greater privacy between a prisoner and means. A "general search" is a search to his or her legal adviser or between a prisoner reveal the contents of outer garments, hand and an officer undertaking an investigation. luggage and pockets of a person without In addition, for the first time, the Bill touching the person and is similar to, for formally establishes an entitlement for example, the search provisions when leaving a prisoners to receive a minimum of one non- shop. contact visit each week. It is expected that the In regard to the search of prisoners, normal visit regime will continue to be contact corrective service officers are charged with a visits. However, regardless of circumstances, duty of care for all staff and prisoners. In the the one non-contact visit entitlement will apply past, prohibited items such as weapons, angel for all prisoners. wire and illicit drugs have been brought into New provisions also provide that primary prisons by visitors, resulting in near fatal caregivers of children will be able to access incidents and fatal overdoses, for example, leave of absence to assist the child and to such incidents as the armed escape of several maintain the parent/child relationship— dangerous prisoners from Sir David Longland clause 59. 19 Jul 2000 Corrective Services Bill 2159

Accommodation in a police watch-house prisoners from the far north and central regions Clause 6 of the Bill is designed to ensure of the State to Lotus Glen and Townsville that prisoners are not held in watch-houses for Correctional Centres. inappropriately long periods of time. Under The Bill has also translated section 81 of section 32(2) of the Corrective Services Act the Corrective Services Act 1988, which 1988 it is provided that, where a person's term provides for the early discharge of sentenced of imprisonment, or period of detention, is 31 prisoners of between 7 to 14 days prior to their days or less, the person may remain for that discharge date. However, the Bill extends this time in a watch-house. Section 32(3) of the Act provision (clause 83) to enable short-term provides that, where a person's term of prisoners in watch-houses to receive early imprisonment or period of detention is more discharge after they have served at least half than 31 days, the person may be kept in the of the person's period of imprisonment. For watch-house until he or she is able to be example, a prisoner who is sentenced to 20 conveniently conveyed to prison. Section 33(1) days' imprisonment in a regional or remote of the Act provides that a person comes into area may remain at the discretion of the officer the custody of the chief executive of the in charge of the local watch-house and access Department of Corrective Services when he or early discharge of 7 days after serving 10 she is admitted to a prison. days. In effect, such a prisoner will be in the Since 1998, the department has held an watch-house for 13 days. agreement with QPS, based on an earlier The policy of detaining persons in watch- ministerial instruction, that a person should not houses for periods of up to seven days will be be detained in a watch-house for a period maintained for all persons who cannot greater than seven days unless at the conveniently be detained in a watch-house by convenience of the officer in charge of the the QPS for longer than seven days. watch-house. The essence of sections 32 and Early release options for prisoners 33 of the current Act has been translated to clause 6 of the Bill, with an amendment which The objective of the Bill, in regard to early provides that a person may be conveniently release provisions, is simple. It aims to find the taken to a corrective services facility rather best mechanism to ensure that risk to the than to a "prison" and that the period of time a community is minimised and to ensure that the person may be detained in a watch-house sentence imposed by the court operates upon pending transfer to a corrective services facility the prisoner for the whole of the period of be no more than 21 days. These provisions will imprisonment, whether in custody or under still enable prisoners who are serving terms of supervision in the community. It is not imprisonment of less than 21 days to remain in intending to introduce any measures which regional or remote watch-houses for that treat prisoners in a more lenient fashion than period. In this way, the prisoner remains in his the current provisions. or her community and the cost to the The current legislation does not community of transporting and escorting the specifically provide for the community risk of a prisoner to a corrective services facility is prisoner's release to be factored into the avoided. decision-making process. While the These provisions also enable the department has for some years Queensland Police Service to detain persons administratively taken this into account, it is in regional or remote watch-houses when necessary for this criterion to be specifically these persons are required to appear in the incorporated. For the first time, the Bill has local court on further matters. The alternative is provided for the criterion of "unacceptable risk to transfer a prisoner to a correctional centre to the community" to be taken into and then to transport the prisoner back to the consideration during the decision-making court. The demand on QPS resources has process. made this latter approach unworkable. By The Bill does not provide remission for providing that a person may be admitted into a future prisoners. It is not proposed to abolish "corrective services facility", rather than a remission provisions for prisoners "prison", the department is able to place low- retrospectively. Current prisoners, other than risk sentenced prisoners at community those who have been convicted of serious corrections centres when such a facility exists violent offences or sentenced to an indefinite in that region. These provisions will assist in period of imprisonment, will continue to have resolving the issue of removing low-risk access to remission of one-third of their Aboriginal and Torres Strait Islander prisoners sentence subject to their good conduct and from their communities and will help to reduce industry and the additional statutory criterion the high costs of transporting short-term that the prisoner not be of unacceptable 2160 Corrective Services Bill 19 Jul 2000 community risk. However, in future, prisoners will be encouraged to address their offending who seek to access early release will have behaviour and be motivated to seek early different options which will ensure that their supervised release through a decision made sentences are fully discharged. by an independent community corrections Prisoners serving two years or less, board. including those serving less than two months, Diversion of Low Risk Prisoners from Prison will have access to early release through The Bill provides several initiatives to conditional release at two-thirds of their divert low risk, short-term prisoners from sentence. A conditional release order will be prisons and to keep them as close to their similar to a court order to release on communities as possible. For example, the Bill recognisance. That is, the order will require provides for the department to admit low risk that the prisoner be of good behaviour during offenders, who have received short-term the term of the order. The only standard custodial sentences, to a community-based condition is that the prisoner must not be facility. Currently, all prisoners must be convicted of an offence punishable by a term admitted into a prison before they can be of imprisonment. The same factors applying to transferred to an appropriate custodial facility. the decision-making process for The Bill's provisions will circumvent the need to remission—including the criterion that the escort prisoners from remote towns and prisoner not be of unacceptable community communities to prisons only to administratively risk—will apply to decisions for conditional transfer them to a more appropriate facility release. such as a community corrections centre or Prisoners serving two years or less will not outstation. have access to community release options, As pointed out previously, the Bill's including parole. Research indicates that about provisions will also enable the department to 4% of prisoners serving sentences of two years apply early discharge provisions to prisoners or less currently access early release through who are serving very short prison terms in parole. For short-term prisoners, the eligibility watchhouses. Again, current prisoners can dates for parole and remission are very close, only access early discharge after they have and this often mitigates against the prisoner been admitted into a prison. To avoid bothering to apply for parole. In abolishing removing them from their communities and access to parole for this group, there will be a escorting them unnecessarily at the minimal period of extra time in custody. For community's expense, a sentenced prisoner example, prisoners serving a sentence of 12 may apply for, and be granted, early discharge months will remain in custody for an additional from a watchhouse after they have served one two months. The small increase in prisoner half of the court's sentence. numbers will be offset by the larger numbers of prisoners who will be accessing early release Support to Community Corrections Boards when currently they are not eligible for To assist community corrections boards to remission, that is, the large number of make decisions expediently in regard to prisoners serving sentences of less than two supervised release options, the Bill provides a months. Furthermore, providing short-term number of changes. The first change is to prisoners with conditional release, after two- remove the need for regional boards to thirds of the sentence, will give the community consider each prisoner's application and to a reasonable assurance that these generally forward a recommendation to the Queensland low-risk prisoners will abstain from further Community Corrections Board. This duplication offending once released into the community is unnecessary and places a major impost on and that their sentence is operational for the regional boards' time. whole court ordered term. The jurisdictions of the boards have been Prisoners serving more than two years will extended so that the Queensland Community continue to have access to release to work, Corrections Board will consider applications for home detention or parole, after serving 50% of post-prison community-based release from their sentence. Relatively few prisoners in this prisoners sentenced to eight years or more. group currently remain in custody after their Regional boards will consider applications from parole eligibility date to access remission at prisoners sentenced from more than two years two-thirds of their sentence. In 1998-99, for to less than eight years. example, 391 prisoners—28%—serving longer periods remained in custody for an extended Reviews of Decisions by Officials time to access early discharge through A broad range of decisions are made remission. It is anticipated that, by not daily in regard to offenders. Decisions in providing for remission for this group, prisoners relation to the safety of staff, visitors and 19 Jul 2000 Corrective Services Bill 2161 prisoners and the good order and security of a Services in accordance with the Corrective corrective services facility are regularly made to Services Legislation Amendment Act 1999. avert any adverse consequences. For The Bill translates the current power of the example, a decision to move a prisoner to chief executive to appoint an appropriately another unit or facility may be required as a qualified person as an official visitor. The Bill matter of urgency when there is a threat to remedies the previous situation which required security of the prisoner, staff member or the appointment of official visitors to "prisons facility. In these circumstances, any delay in and community corrections centres". This left the implementation of the decision could have somewhat of a vacuum for prisoners who were fatal consequences. accommodated either on the WORC Program To ensure that decisions affecting or who were legally accommodated elsewhere offenders are made fairly and reasonably, (such as at places prescribed by the corrective offenders in Queensland have access to a services rules). While administrative action was range of external review mechanisms such as taken to mitigate the impact of this on such the Office of the Parliamentary Commissioner prisoners it had not been legislatively remedied for Administrative Investigations, the Judicial until now. Review Act 1991 and the Freedom of A number of other reforms are proposed Information Act 1992. For the first time, the Bill to the official visitors scheme under the Bill. For makes specific provision for such mechanisms example, section 22(3) of the Corrective to also apply to the private service providers of Services Act 1988 provides that a person may corrective services (clause 197). be appointed as an official visitor for a period The Bill provides for additional internal of three years unless sooner dismissed from review mechanisms to ensure that office by the chief executive. administrative and management decisions For the first time, the Bill stipulates the which may affect the rights of offenders or grounds for the dismissal of an official visitor other persons are not undertaken capriciously thereby obviating the uncertainty which had or arbitrarily. For example, the official visitor previously accompanied this issue. The Bill program has been retained in the Bill. It now also provides for an official visitor to be provides that decisions made by the chief appointed for up to three years which will executive, the person in charge of a corrective provide the flexibility to enable the chief services facility and a corrective services officer executive to appoint so many official visitors, may be reviewed by an official visitor. for such periods, as is considered necessary. The Bill also provides an appeal process Section 23(2)(b) of the Corrective Services for decisions which are made by the person in Act 1988 provided that an official visitor could charge and which have a substantial impact hear and investigate a complaint of a person on an offender. Internal review processes are subject to the mentioned community-based in place for all major decision-making orders. This provision was not translated to the processes. For example, a female prisoner Bill as it is rarely, if ever, used. may request the chief executive to review a decision when a person in charge refuses an Persons subject to a parole order, a application to have a child live within the facility probation order, a community service order or or when a decision is made to remove the a fine option order are free to complain and child from the facility. appeal decisions of a community correctional officer to a community corrections board, a Additionally, placement of a prisoner court, the Office of the Parliamentary under special treatment (clause 38), in a Commissioner for Administrative Investigations maximum security unit (clause 47) or in a crisis and anyone else in the community. They are support unit (clause 42) must be reviewed by not in the direct custody of the chief executive official visitors and doctor/psychologist and have the same right of access to appeals respectively. Information from the review is and complaints as any other member of the referred to the chief executive or his/her community. The Bill Book to the Corrective delegate to allow the decision to be Services Act 1988 clearly intended that the reconsidered. official visitor scheme should apply in lieu of Official Visitors the visiting justices scheme which then applied When the Corrective Services Act 1988 to prisoners in prisons and the newly was first enacted official visitors were required established community corrections centres. to be appointed by, and to report to, the Another section of the current Act that QCSC Board. On 1 May 1999, the board's has not been translated into the Bill is section functions and powers were transferred to the 24(b) which provides that an official visitor may chief executive of the Department of Corrective require a prisoner or employee or officer to 2162 Drugs Misuse Amendment Bill 19 Jul 2000 provide any information or answer any clearer, more comprehensive and equitable question relevant to an investigation corrective services legislation for the State. It undertaken by the official visitor. Since the removes the duplication and ambiguity of the time of the enactment of the current Act, the current Corrective Services Acts by Legislative Standards Act 1992 has been put transparently providing for corrective services in place. This Act requires that in the decision makers' obligations, limitations and development of any legislation sufficient responsibilities as well as the duties and regard should be given to fundamental entitlements of offenders who are subject to legislative principles (such as to provide the provisions of the Bill. appropriate protection against self- The abolition of remission brings incrimination). The power to compel a person Queensland into line with other Australian to answer a question which may incriminate jurisdictions and provides that future prisoners the person is considered a breach of will have to serve their entire sentence either in fundamental legislative principles. Because custody or under supervision. The community's of this, the power currently given to corrective expectations are met and the safety of all services officers to require an answer from a community members is upheld. prisoner—section 44 (2) of the Corrective Services Act 1988—has also not been Finally, I have requested that the Bill translated into the Bill. In lieu of these current provides a mechanism to ensure that its powers, clause 102 of the Bill provides that it is provisions are kept up to date with changing an offence for a person to give false or correctional management practices. It misleading information to an official visitor, specifically requires a review of the efficacy inspector or corrective services officer. The and efficiency of the Act within five years of its intent is that a person may remain silent but commencement—clause 252. This will ensure cannot lie. that another 12 years do not elapse before a thorough examination and update of the Inspectors legislation occurs. I commend the Bill to the Section 29(1)(b) of the Corrective Services House. Act 1988 provides for an inspector with the Debate, on motion of Mr Horan, power to require a prisoner, officer or adjourned. employee to provide information and answer questions relevant to the inquiry. The Bill, for the same reasons applying to official visitors DRUGS MISUSE AMENDMENT BILL and corrective services officers in regard to Second Reading fundamental legislative principles, has clarified Resumed from 18 July (see p. 2114). the powers of an inspector to compel answers. Clause 222 of the Bill provides the power of an Mr HORAN (Toowoomba South—NPA) inspector to require any person to give (12.44 p.m.), continuing: Yesterday, when the information but the inspector must also warn debate was adjourned, I was in the process of the person that it may be an offence to fail to referring to some research into flunitrazepam, give the information without reasonable otherwise known as Rohypnol, which is one of excuse. It is a reasonable excuse not to give the main subjects of this Bill. The common information if it will incriminate the person. Of name for this drug is the forget me pill, or the course, employees of the department remain date rape pill. I placed a lot of emphasis on subject to the Public Service Act 1996 and the this substance because I want to take up Public Sector Ethics Act 1994, which provide some issues with respect to it in this debate. that Public Service officers must undertake Yesterday I stated that one of the real their duties honestly, impartially and ethically. problems of the date rape drug, or Rohypnol, The Bill also reforms the appointment is that the combination of this drug with alcohol process for inspectors by requiring that a causes very serious consequences in addition minimum of two inspectors be appointed to to the normal consequences of taking investigate any incident and that at least one Rohypnol. As I said, Rohypnol is about 10 inspector must be external to the department. times more potent than Valium, but once it is This is designed to ensure appropriate probity mixed with alcohol it becomes a dangerous standards are maintained. cocktail. The drug can cause profound anterograde amnesia with victims unable to Conclusion remember events that occurred while they While the Corrective Services Bill 2000 is were affected by the drug. Another reported a complex document, it is designed to address effect of the drug is decreased inhibition. the vital aspects of managing corrective Rohypnol is reportedly popular on high services in Queensland. The Bill provides school and college campuses in the United 19 Jul 2000 Drugs Misuse Amendment Bill 2163

States and at nightclubs and dance or rave pushers of date rape drugs through this parties. Hence, it is characterised as a club legislation. That article stated— drug. The common pattern of reported use of "The crackdown has been prompted Rohypnol is its episodic use by teenagers and by the increasing use of drugs to spike young adults to enhance the effects of alcohol drinks in Brisbane and Gold Coast and as an agent to decrease inhibition. nightclubs." Rohypnol has also been disturbingly Under this drug's commercial name, associated with date rape. In recent years, Rohypnol, it can be obtained with a doctor's there has been an increase in reports of the prescription. Currently, there is no provision in drug allegedly being added to women's drinks Queensland law to prosecute people making without their knowledge for the purpose of and trafficking this drug and its derivatives. To reducing resistance. However, the drug's prevent misuse, last year Rohypnol's effects are not gender biased and reports of manufacturers replaced the drug with a lower sexual assaults on males have also begun to dose substitute, which also contains a blue emerge. In what is probably the most widely dye to make it detectable in drinks. However, reported Australian case, in 1996 a former backyard laboratories are turning out Qantas attendant, John Travers, was derivatives for sale. There is also extreme sentenced to eight years' imprisonment for concern raised in other reports about the theft raping female crew members after drugging of prescription pads from doctors to obtain them with this substance. Rohypnol illegally. Rohypnol is odourless, colourless and On 28 June last year a report in the tasteless when added to either alcoholic or Sydney Morning Herald by Linda Doherty non-alcoholic beverages. It has been reported stated— that to prevent the misuse of Rohypnol the manufacturers have added a colouring agent, "NSW Health Department figures or a blue dye, to the drug to identify its show Rohypnol is involved in almost half presence in drinks. On looking through the of the State's prescription forgeries. news clips, it is interesting to note the number The MP for Miranda, Mr Barry Collier, of respected newspapers and senior journalists said several sexual assaults in NSW had who have covered this issue. I think it also been linked to the misuse of Rohypnol, demonstrates that the illegal use of this drug is where pills were dropped into the drinks of regarded as probably one of the most unsuspecting victims. cowardly and sinister criminal acts that can be ... perpetrated. NSW Attorney-General's Department On 18 May this year, an article in the Age figures show 17 people were convicted in by Julie Szego titled "Nightclub sex assaults NSW between 1990 and 1998 for rising" stated that at least three women over administering a stupefying drug like the past six months had claimed they were Rohypnol with the intention of committing drugged and sexually assaulted at one a crime." Melbourne nightclub, according to rape experts at the Royal Women's Hospital. The It goes on to state, as I said, that it is 10 times article states further— stronger than Valium and has been linked to more than 20 sexual assaults in Melbourne "Juliet Watson, project coordinator at during 1999 alone. The Chief Executive of the the Centre Against Sexual Assault, said Alcohol and Other Drugs Council said that the there had been an increase in the use of Rohypnol to drug people in bars was number of women saying they had been not a widespread problem. The article further sexually assaulted in circumstances states— involving 'huge blackouts', and loss of consciousness after only a couple of "... prescriptions were more commonly drinks." forged by heroin addicts desperate to 'take the edge' off withdrawal. Thirty per The article goes on to state— cent of NSW's heroin overdose deaths "The powerful prescription drug were attributed to benzodiazepines, such Rohypnol is most commonly used in as Rohypnol, taken in combination with cases of sexual assault and is known as heroin." the 'date rape drug'." So it is being used not only in cases of date An article in the Sunday Mail of 14 May rape but also in combination with heroin. 2000 by Peter Morley refers to the State A report in the Age on 29 March 1998 by Government's plan to get tough on the John Silvester concerned a plan by the 2164 Drugs Misuse Amendment Bill 19 Jul 2000 manufacturers of Rohypnol to add a blue dye able to have a normal social life and not run to each tablet. In that article, a Detective the risk of having their drinks spiked. Senior Sergeant Chris O'Connor, from Victoria, As one article highlighted, there is now was quoted as saying, "We don't know how even concern that the spiking of drinks has big the problem is." occurred, in one case at least, through the In May 1997 the Sunday Mail published efforts of a barman working in conjunction with an article by Sid Maher titled "Date rape drug a customer. As I mentioned earlier, the article hits the street" and which stated— was from the Australian. It stated— "Doctors have been warned about "Rape experts at Melbourne's Royal prescribing the anti-insomnia drug Women's Hospital examining the Rohypnol amid fears it is becoming a incidence of sexual assaults after women 'street drug' in Queensland." have been at pubs and clubs are It went on to state— investigating claims some barmen are drugging drinks for the eventual attacker." "The drug is also a key component of a growing trade in stolen doctors' Given that this problem has now reached this prescriptions, which sell for up to $5 for a level, it is time that we did something serious blank page." about deterring the misuse of this drug. Further on the article states that Dr Dana The five-year maximum prison term for Wainwright, chairman of the AMA Queensland the misuse of this drug is exactly the same as branch's Drug Education Working Party, said the maximum prison term applicable to the that "Rohypnol was gaining a street reputation misuse of anabolic steroids and ephedrine. as an alcohol, heroin or cocaine enhancer" That makes no sense whatsoever, given the and that the "drug has been banned in the US relatively more serious consequences of and New Zealand". Rohypnol being misused in this manner as opposed to the misuse of other drugs. I am On 21 May this year the Sunday Mail not denying the serious health dangers published an article by Tracey Gibsons titled attached to the misuse of other drugs "Sex-predator attacks surge" and which, in its addressed in this Bill—anabolic steroids and first paragraph, stated— ephedrine. However, Rohypnol is a particularly "Sex predators who target women in dangerous and sinister substance, and we will nightclubs before spiking their drinks are be addressing it through an amendment. attacking up to 30 victims each month in Before concluding my speech, I reiterate Queensland's major tourist centres." that overall the coalition supports this Bill. We That is an alarming figure. The article cites the support the move to provide controls on the case of one woman aged 19 who was trafficking and supply of steroids, Rohypnol repeatedly raped by five men after passing out and ephedrine. As I mentioned, we will be at a Gold Coast nightspot. Other examples are moving amendments with respect to the term also given. These reports and another article of imprisonment for the misuse of Rohypnol. from the Australian on 17 May this year titled However, we support the general thrust of the "Barmen 'spiking' women's drinks" highlight the Bill. We acknowledge that it is important that seriousness of this growing problem. These this Bill is passed, particularly insofar as it examples are of concern and raise the issue of addresses anabolic steroids, given that the the extent to which this Bill will protect young Olympic Games and pre-Olympic events are women from the ravages of these predators. I coming up. speak not only of the predators who use the As this is a debate regarding policing drug but also in particular about the predators matters, I wish to mention briefly the who are producing, selling or trafficking this comments by Councillor Tully from Ipswich in drug. respect of his wanting to see the assistant During the Committee stage, I will move commissioner for the southern region located an amendment to ensure that the seriousness at Ipswich. I totally oppose that. It makes no of Rohypnol is recognised by the Parliament sense to move the assistant commissioner and to ensure that this dreadful scourge, which from a central area of the southern region at is spreading on our streets and hotels, Toowoomba, where he is able to serve not nightclubs and parties throughout Queensland only Ipswich and Toowoomba but also the and the rest of Australia, is deterred and, if police districts of Warwick, Dalby and Roma possible, stopped. The misuse of such a drug and particularly those police officers in the in this way is one of the most sinister, dark and more rural and remote parts of the State. It is cowardly acts that could ever be perpetrated. a convenient centre from which to operate and The young women of our society should be it makes no sense whatsoever to change that 19 Jul 2000 Drugs Misuse Amendment Bill 2165 location. I am totally opposed to any such offences will carry a five-year term of move and I would appreciate hearing the imprisonment. Possession of the drugs will Minister's comments on that. carry a two-year imprisonment provision. Returning to the Drugs Misuse I also note that the evidentiary provisions Amendment Bill—I repeat that the coalition is within the Drugs Misuse Act are certainly a lot strong in its opposition to the use of drugs. We more narrowly drafted and provide more are appalled by the trends in the use of significant safeguards than those that were Rohypnol. It is important to protect all contained in the Health Act, and I noted the members of our society, in particular young Minister's comments in his second-reading women, from being put in a vulnerable position speech in that regard. Rightly or wrongly, through being deceived into taking this drug in certain sporting activities have found combination with alcohol when at a place of themselves at the centre of the performance recreation. enhancing drugs controversy. Gymnasiums, Sitting suspended from 1 p.m. to body building and weight-lifting are just three 2.30 p.m. that come to mind straight away when we start talking about anabolic steroids. Mr FELDMAN (Caboolture—CCAQ) (2.30 p.m.): It is with pleasure that I rise to The use of performance enhancing drugs speak on the Drugs Misuse Amendment Bill and other steroids to bulk up and to body 2000. I will indicate right at the start that the sculpt is probably a sign of our times. We City Country Alliance will be supporting this Bill. obviously live in a very vain society where the Drugs, both legal and illegal, can be quest for the body beautiful is thrust before our responsible for a great many problems for very eyes at every flick of the switch on the individuals in society, including physical illness, television set. I guess some people are drawn dependency, psychological problems, social too quickly into that type of quest. Now at least disruption, violence, family breakdown, we will have a deterrent to the quick path to economic loss, accidents—and I will speak gaining that sort of form of the body beautiful more about accidents later on—and death. In or the dream of weight-lifting glory. Australia there were an estimated 22,700 drug When we think about steroid use and related deaths in 1997 and, of these, 18,200 abuse, we also think of the controversy that were due to tobacco, 3,700 were attributed to surrounds the Olympic Games. With the alcohol and 800 were attributed to illegal approach of the Games, there has to be a drugs, and that number has been climbing. deterrent to stop this sort of quest. With the The Drugs Misuse Amendment Bill seeks approach of the Olympic Games to Australian to include anabolic androgenic steroids, shores and because of the fact that Rohypnol and ephedrine to the dangerous Queensland is hosting several front-line drugs schedule in the new Schedule 2A of this events, especially soccer, and is hosting Bill. The problem encountered with finding training in several other sports, we must have someone in possession of performance and this legislation in place to deter people who image enhancing drugs such as anabolic think that they can bring these sorts of drugs androgenic steroids has been analysis and into our community—especially from prosecution. Police were left in the invidious overseas—without any sort of countenance position of seeking approval to prosecute whatsoever. under the Health (Drugs and Poisons) It is essential that this Bill commences as Regulation and having to go through the soon as possible—and I concur with the trauma of wondering whether, in fact, it was Minister when he said that—to ensure that we actually that form of drug coming back from in Queensland do not become targets for the the lab. There was no provision for supply and distribution of this type of drug imprisonment and there was only a fine option. during the Olympic Games. I think it would be On most occasions it was generally found a great shame for Australia and, indeed, that the person in possession of these types of Queensland if this type of drug related activity drugs was usually supplying or at least dealing was discovered to be occurring in our State in these types of drugs with other persons. By during this Olympic period and we did not have the inclusion of Schedule 2A in the Drugs laws in place to adequately deal with it and to Misuse Act, the Drugs Misuse Amendment Bill deal with it promptly. will achieve its purpose, as police will have the I agree with the comments of the previous ability to prosecute the offences of unlawful speaker, the honourable member for trafficking, supply, production and receiving or Toowoomba South. I, too, do not think that possession of property obtained from anyone wants to see cheats in sport. We have trafficking and supply in steroids. These seen what has happened in the past to those 2166 Drugs Misuse Amendment Bill 19 Jul 2000 who have been caught: they have been remembering, how or why they took the drug, banned and they are now virtual pariahs from the circumstances under which they took the the very sport they professed to have loved so drug or even when or where others may have much. I also agree that if we pass legislation it given them the drug or where they obtained it. must be more than just a scrap of paper that As I said before, there have been several the Legislative Assembly has put in place to reports of women being gang raped while feel warm and fuzzy. under the influence of the legal concoction of The Minister must also ensure that there Rohypnol and alcohol. The induced stupor of are sufficient police and other staff to enforce the mixture has made them unable to recall the provisions of the Bill. There must be an the full account of the incident and renders increase in staff at the Government Chemical them incapable of fighting off the perpetrators Laboratory, where more staff are already of the crime. As insidious and disgusting and, needed to deal with the backlog of requests indeed, perilous as this circumstance of for analysis of drugs. Obviously new or at least unprotected sex sounds, it can become even better testing equipment may need to be more dangerous than that. Rohypnol, when purchased for equipping the laboratory and mixed with alcohol or other drugs, may lead to then the staff will need to be trained to use respiratory depression, asphyxiation and even that equipment. We must ensure a decent death. When taken repeatedly it can lead to level of commitment to ensure the provisions physical and psychic dependency, which is of this Bill can be met with the expectation that thought to increase with both dose and we here have spoken of and that, indeed, the duration of use. community at large would expect from the Benzodiazepine has a number of listed provisions of such a Bill. adverse side effects as well. The drug causes The City Country Alliance is in agreement a loss of memory, impaired judgment, that these substances are dangerous and dizziness and prolonged periods of blackouts. should be classified as illegal, especially in Although it is a sedative, Rohypnol can induce relation to the drug Rohypnol and the aggressive behaviour. These are certainly not increasing number of date rape incidents, as the effects that have been broadcast around the previous member outlined in his speech as the nightclub circuit, where Rohypnol seems to well. These date rape incidents are not only have found a home of use. It has been those that are reported to police but also those reported as a dangerous drug around the club that are reported to rape crisis centres and scene, rave parties, dance parties and parties hospitals. Unfortunately, a large percentage of held at homes. It is being used at these places those that are reported at those places for the purposes I mentioned before. It has probably go unreported to police to been reported on in the United States since investigate, and I think that is because of a lot the early 1970s. It was put on that country's of the problems with the drug itself. We do not dangerous drugs list in 1996. have to go too far back to remember It is all well and good for drug companies Queensland newspapers carrying stories of to place dye in the drug itself so that it can flight attendants suspected of spiking female permeate a drink when it is mixed with alcohol. colleagues' coffee. As the previous speaker One drug company is using blue dye. pointed out, there were several news items in However, there are drinks that the drug can still southern papers, in the Australian and here in be put into without people knowing. Even if the Queensland in the Sunday Mail in relation to dye is in the drug, it can still be hidden in dark offences that had been perpetrated on several coffee and drinks that have a blue tinge, such women in this State, including one in which a as blue curacao and others. I do not believe gang rape had basically occurred. that putting dye in the drug will prevent drinks The problem is that the drug itself, from being spiked in establishments, especially Rohypnol, produces a less inhibited and when nightclubs are not all that well lit and are drugged state. As the previous speaker said, it crowded. Drinks are usually taken in haste. is called the forget me date drug, roofies and a People usually try to push drinks down the few other names, and it is now reported on the throats of younger persons in these Internet quite widely as the preferred date rape establishments. This will continue to go on, drug of choice, the reasons being that the side perhaps to an even greater extent, if effects of taking Rohypnol with alcohol something harsh and hard is not done. The produce decreased inhibition and amnesia. It only reason a person would be in possession is the amnesia effects of the drugs that are of such a drug at a nightclub is for the purpose most distressing to the inadvertent user and to of spiking the drink of an unsuspecting male or the police. Generally the user cannot female for the purpose of reducing their remember, or the drug prevents the user from inhibitions. I personally feel that there should 19 Jul 2000 Drugs Misuse Amendment Bill 2167 be a separate offence for this type of and logbook records are altered by some not possession which carries a greater so scrupulous trucking firms. punishment. In fact, if we are to believe recent The provisions of the Criminal Code are newspaper articles, it has become common quite specific with respect to the administering practice that some trucking companies actually of a stupefying drug with intent to commit an hand their drivers coffee jars full of drugs when indecent act. Section 218(c) of the Criminal giving them their pick up and delivery Code, Procuring Sexual Acts by Coercion, schedules. Drivers, particularly solo states that administering to a person or owner/drivers and small operators, also pursue causing a person to take a drug or other thing unnatural means to manage their fatigue, the with intent to stupefy or to overpower the most popular being ephedrine, appetite person to enable a sexual act to be engaged suppressants and, in more serious cases, the in with the person commits a crime. The use of speed. The wife of the truck driver maximum penalty is 14 years' imprisonment. recently killed on the Bruce Highway in my With such a deterrent under the Criminal electorate said that the company he worked Code, one wonders why a person would enter for was pushing her husband too hard and too a club with this type of drug in their long. I know that an investigation is under way, possession. and I will not pre-empt what the police The only reason I can think of for investigators will find. However, I think it is a someone to enter a club or party with this type tragedy if what she said was true and that he of drug in their possession is so their victims had been deprived of sleep for some two days pass out or are in such a state that they can before that incident occurred. If that is the be easily forced into an act of impropriety or case, I would imagine that that trucking improper sexual contact. By taking a drug such company has some questions to answer. as Rohypnol to a club or licensed premises, a Indeed, truck drivers themselves should stand person has already shown a mens rea, a state up more as a unified body to stop that of mind, and the initial preparedness to situation from occurring. commit such an offence. I certainly believe It is of great concern that truck drivers are that possession of this type of drug in a being forced to take drugs in order to meet licensed premises should carry a greater unrealistic schedules set by their employers or penalty than that of five years' imprisonment. I their clients. It is also of great concern that wait in anticipation for the amendment by the some trucking companies actually hand drugs coalition with respect to this. I pass that on for to their drivers in order to combat inevitable the Minister's consideration, bearing in mind fatigue. This Bill will help combat some of the that provisions of the Criminal Code, especially problems by enforcing penalties for the section 218, refer to the administering of a trafficking, supply and possession of stupefying drug. Other offences such as ephedrine. However, it will not stamp out the attempted rape carry a similar imprisonment problem of driver fatigue due to the setting of term. unreasonable deadlines. Perhaps this is an The final drug being added to Schedule issue that the Minister for Transport should 2A of the Drugs Misuse Act 1986 is ephedrine, pursue further. the central nervous system stimulant which is As I indicated at the beginning of my structurally similar to amphetamines. Although speech, the City Country Alliance will be ephedrine is commonly found and sold in over- supporting this Bill because it puts in place a the-counter cold and flu capsules and tablets, more severe deterrent for the possession of allergy preparations, nasal sprays and the like, Schedule 2A drugs. I commend the Bill to the the reason for its inclusion is due to the House and commend the fact that we are dramatic increase in its use as a stimulant, seeing a responsible approach to the especially by truck drivers in order to stay reduction of drugs in our streets and our awake on long trips. Recent research has society by being tougher rather than accepting proved that fatigue is a big cause of death in what has become a commonplace drug the trucking industry, attributing to 30% of all culture. I commend the Minister. I look forward truck-related crashes. Apparently there is an to the amendment which will be moved in the attitude in the industry that there is no such Committee stage by the Opposition with thing as fatigue. I am sure that a strong union respect to penalties in relation to Rohypnol. stalwart such as the member for Bulimba would agree with me that truck drivers are Mrs ATTWOOD (Mount Ommaney—ALP) being pushed too far and too hard. No matter (2.48 p.m.): The Drugs Misuse Amendment Bill how many bypasses we build around towns to 2000 amends the current Drugs Misuse Act reduce the fatigue of a long trip, their times 1986 to include unlawful activity relating to 2168 Drugs Misuse Amendment Bill 19 Jul 2000 performance and image enhancing drugs. Mr TURNER (Thuringowa—IND) These are principally anabolic androgenic (2.51 p.m.): In 1974 the International Olympic steroids, ephedrine and flunitrazepam, which is Committee banned the use of steroids, yet 26 marketed as Rohypnol and is commonly years later steroid use, or abuse, in the known as the date rape drug. Currently, these sporting arena is more prevalent than ever. drugs are classified as Schedule 2A drugs Disturbingly, steroids are no longer limited to under the Health (Drugs and Poisons) use by athletes or used solely for performance Regulation 1996. This regulation limits the enhancement. Blue-collar and white-collar punishment that can be imposed on a person workers, females and, most alarmingly, unlawfully in possession of a Schedule 2A adolescents are using anabolic steroids to drug to 60 penalty units or $4,500 with no term improve their physiques. Dr Wadler, who won of imprisonment. the International Olympic Committee's Concern has been expressed over the president's prize for his work on performance leniency of these penalties by the Australian enhancing drugs in competitive sport, states— Olympic Committee, the Model Criminal Code "Unlike almost all other drugs, all Officers Committee and the Director of Public steroid based hormones have a unique Prosecutions. I share their concern and am characteristic—their dangers may not be appalled by the increase in the use of these manifest for months, years and even drugs within our community. The Drugs Misuse decades." Amendment Bill will provide maximum Therefore, long after people have given up penalties of five years' imprisonment for the using these substances they may develop side manufacture and trafficking of these drugs. For effects such as increased aggressive possession of these drugs, the user will face behaviour and irritability, mood swings, cancer up to two years' imprisonment. These are not of the liver, premature heart attacks and light penalties. Hopefully they will deter some strokes. people from entering the illegal drugs industry Ephedrine, the stimulant favoured by and convince others to leave this despicable truck drivers, has been identified as the worst industry. over-the-counter and mail-order product by the A number of other jurisdictions are taking United States Food and Drug Administration. similar legislative steps to strengthen laws Due to the underground nature of these drugs against the possession of and trafficking in it is difficult to gauge the extent of the problem performance and image enhancing drugs. This and the repercussions on the community. is largely as a result of the increased Traffic accidents, domestic violence and awareness of such performance enhancing psychological disorders have all been substances in the lead-up to the Sydney attributed to ephedrine. Olympics. Abusing one's own body with Ephedrine is included in this legislation in performance enhancing drugs or ephedrine is response to concerns about its misuse in the one thing, but using a drug to abuse another's transport industry. The legislation allows for a body is quite a different matter. Rohypnol is a scheme to confiscate profits from the illegal drug that can be used to abuse another's sale of this drug. There are enough accidents body. Rohypnol is colourless, odourless and tasteless and has a potency 10 times higher occurring on our highways as it is without a than Valium. A tablet of Rohypnol costs small minority of irresponsible truckies between 50c and $5 and quickly dissolves in exacerbating the problem by taking drugs to liquid, making it the date rape chemical of stay awake. The real criminal in this type of choice. situation is the trafficker who sells and therefore condones the possible slaughter of Rohypnol acts as a sedative, slowing other responsible road users. motor skills and inducing amnesia, muscle relaxation or even blackout. These effects can Rohypnol is included in this legislation in last up to 12 hours, causing the victim to be response to several instances in recent years uncertain about the facts surrounding the of this drug, the date rape drug, being used to rape. This uncertainty may lead to critical drug people who then become victims of delays in investigation or even a reluctance to sexual assault. Only a few weeks ago there report the rape. A women's safety survey was an article in the newspaper about this conducted in 1996 showed that 89% of rape date rape drug and the appalling victims knew the perpetrator, yet date rape is consequences it can have for victims. I thank rarely reported to the police. Although it has the Minister for introducing this Bill to the been an offence for a very long time, date House. rape has only recently been acknowledged as 19 Jul 2000 Drugs Misuse Amendment Bill 2169 a serious social problem. Because violence is drugs, simply because of the body image not involved when a rape victim has been created by the community. It was drugged with Rohypnol, certain quarters are acknowledged that for a lot of years young reluctant to consider this offence to be criminal women were encouraged to try to emulate the or unacceptable behaviour. It is important for body type of Hollywood stars or other well- officials to understand that using other forms known people. It has been acknowledged for of coercion to obtain sex is still rape. many years that a lot of young women get In the United States Rohypnol is a themselves into strife with eating disorders, schedule 1 drug, not a schedule 2 drug. It is whether it be bulimia or anorexia, in an effort not legally available, even for medicinal to look like somebody the media or others say purposes, yet it is the most easily accessible looks good. drug and its use is increasing at a rate faster This issue is before us today not just than that of any other drug. Let this be a because the Olympics are on the horizon. A lot warning to us. We can legislate today to make of young men have now been drawn into the it an offence to trade in and use these drugs, same trap of feeling that their natural body but that will not make an iota of difference if type is not sufficient and that they have to try we do not follow through with education and to achieve some often unrealistic body image awareness. Legislation alone has not been a that is created by the media. deterrent in the use of other illegal drugs, so I remember reading an article which we must not kid ourselves that this is enough. explained how some advertising photographs Australia usually follows the trends of the are computer altered. Small blemishes on a United States. According to the young people person's figure—male or female—are digitally in my constituency I have spoken to about altered, so the image in the photograph that is Rohypnol, it is being used and has been used finally published is unattainable. A lot of young extensively for years. Chemically assisted date people, men and women, do not realise that rape is not going to easily disappear, and we that is what has occurred, so they set as a need to educate our young on how to protect target a physique that is unattainable under themselves. We also need to educate our normal circumstances with good exercise and officials on the extent of the problem. good nutrition. Rohypnol is gaining popularity amongst I think that is part of the reason this high school and university students. The drug important Bill has been introduced at this time. intensifies the effects of alcohol, so it becomes Yes, there is a trade for sportspeople—body a very cheap way of having the feeling of builders and other sportspeople who are drunkenness. Rohypnol can severely impair dependent on strength and physique—but this driving yet cannot be detected by regular Bill also addresses the concerns of a lot of breath testing. Its presence will only be parents who see their sons particularly, but apparent from a urine test. The also their daughters, conned by this artificial psychochemical trend is expanding, and this body image that is created by the media or by Bill is the first step in turning around this advertisers. This will go some way to stalling dangerous trend. Also, the world is looking to the effects of that coverage. Australia for assurance that international sport I seek some clarification from the Minister can again be safe and fair. This Bill is a because I have had conflicting information necessary step towards giving that assurance. relating to the use and abuse of ephedrine as I support this Bill. it relates to long-range drivers. Briefing note Mrs LIZ CUNNINGHAM (Gladstone—IND) LBR 8/00 states— (2.55 p.m.): I rise to speak in support of the "Ephedrine may be found in over- Drugs Misuse Amendment Bill. I express the-counter cold and flu tablets, allergy interest in the amendments that have been preparations, nasal sprays etc and is used circulated by the shadow Minister with regard for its ability to constrict local blood to the toughening up of maximum sentences vessels and so partially relieve the for certain activities. symptoms of congestion and watery There are a number of components to the discharge ..." Bill. I will speak first about the issue of steroids That concerned me to the extent that I and other body building substances. It is a wondered whether the tightening up in the shame that we are in this position. Apart from legislation may put outside the reach of most the athletes who take these drugs, a fairly consumers things such as Codral Cold & Flu significant part of the community—young men tablets, Sudafed and those other types of in particular—has been encouraged or enticed preparations that currently are available over to take steroids or other physique enhancing the counter at chemists only. I wonder whether 2170 Drugs Misuse Amendment Bill 19 Jul 2000 families may not be able to access them. Rohypnol administered to them in nightclubs Rather than make a visit to the doctor, which and who have then experienced date rape or now costs around $40, most people with colds rape, whether it is by a single offender or gang rely on those preparations to give them rape. Such an incident affects the victim for sufficient relief to be able to carry on with their the rest of their lives, even though I heard one day-to-day work. To make those preparations judge in America say that, because Rohypnol less accessible would place a significant was used, it reduced the capacity of the impost on families. I am not talking about person to remember the incident and therefore people who abuse the substance; I am talking removed the damage, emotional and about people who use it appropriately. psychological, that that attack would cause. I Sometimes legitimate users can be would have to say that that would have been inadvertently caught up in the tightening-up one of the most callous things I have heard measures aimed at preventing abuse. I said. It is very easy to make a comment on inquired as to whether this legislation would somebody else's experience. Nothing affect the accessibility to things such as Codral alleviates the trauma caused to a victim of Cold & Flu tablets. I thank the Minister, rape. The person or group of people who because his office responded and said that commit rape take away the privacy and dignity things such as Codral Cold & Flu tablets of their victim. contain pseudoephedrine, which is a different Twelve or 18 months ago, the drug preparation altogether. There is a conflict, companies said that they would introduce a however, between this briefing note and the dye that would make Rohypnol easily information from the Minister's office. I seek recognised when it is put into drinks. I have not further clarification from the Minister as to had it confirmed whether that has actually whether the legislation will in any way reduce commenced in Australia, but I do know that, in the accessibility to the normal cold and flu spite of the drug companies making that preparations that most of us holistically use promise, there is still available on the market when we are feeling particularly under the Rohypnol that is not traceable. I commend the weather with the flu. In such cases there is no Minister for this Bill. It will go some way towards point going to the doctor; the doctor just says, ensuring that the crime of administering an "Go and take an aspirin and lie down." I would intoxicant such as Rohypnol for the purpose of hate to see families disadvantaged in that taking advantage of somebody is not way. acceptable to the community or the The other issue that I think every speaker Government. has canvassed in this debate and for which we It has been said during this debate that commend the Minister is the tightening up of Rohypnol is 10 times stronger than Valium and access to Rohypnol. In May this year the that that effect is increased again when it is Premier, Peter Beattie, said the following mixed with alcohol. The administration of about the Government's moves to jail date Rohypnol on young people in clubs is not rape drug pushers— done accidentally. It is not a situation in which "The vultures who use these drugs to a person provides spirits to a companion, not prey on unsuspecting victims in bars and realising that that is a strength of alcohol that nightclubs already face up to 14 years in the person is not used to. It is not a situation in jail—now we're going to attack the source which a person has had an extra wine that of the drugs ... they did not realise would be enough to tip them over the edge in terms of full Currently there is no offence under responsibility. A person who takes Rohypnol to which those involved in the manufacture a venue and administers it to an unsuspecting and supply of the 'date rape' drug"— person does so in a premeditated way. I do and I will not try to pronounce it— not believe there is any reason to extend to "more commonly known as Rohypnol— them any great mercy in terms of the severity can be appropriately penalised." of their sentence. If they are caught, then it is at least attempted rape. I do not think that any Then Mr Beattie talked about the introduction parent or any person would argue that that of the Drugs Misuse Amendment Bill. person is not guilty of a crime if they have had All of us who have children, whether they the opportunity to commit that crime removed. are male or female, are always concerned It does not remove their intention. about their safety in their growing-up years. All Young people today cannot go out and of us have read articles or seen documentaries relax and enjoy themselves. Parents have to about young people who unsuspectingly, often actively remind young people, and particularly because they are trusting by nature, have had young women, that when they go out to a 19 Jul 2000 Drugs Misuse Amendment Bill 2171 venue at which there are groups enjoying The cost to our community is staggering, and themselves, whether they know or do not know in many cases we are not doing much to stem those in the group, they have to be continually the tide. I want to state at the outset that I vigilant. Young people, particularly young have no magic potions to fix this problem, but I women, have to go out in pairs or have a do have some ideas and proposals, proposals partner there so that if they actually have to go supported and tested in other communities to the bathroom, they have someone who can around the world. mind their drink. It is just another indication of I was fortunate enough to attend the Drug how much our society has deteriorated. Summit 2000 in Sydney last month and meet A fellow told me a story that, when he was with national and international experts with in the war, he always was able to go to the vast experience in drug prevention methods. bathroom and know that his soldier mates One sobering statistic from the summit was would not drink his beer because he used to that drug use starts as early as 10 years of take his false teeth out and put them in the age but is most common by about age 15. It beer. has been statistically proven that, if someone Mr Reynolds: I know another story. has not developed a drug habit by 22 years of Mrs LIZ CUNNINGHAM: I am sure the age, they are highly unlikely to take up the member does. I do not think even that would habit. This evidence strongly suggests to me work in this situation. The low-lifes who take that since we have the identified age groups of Rohypnol to clubs or venues do so with the 10 to 15 years and they are still in our school intent of doing damage to the people for system, we should seize the opportunity to whom they purport to care. make a difference at this point in their lives. I commend the Minister for the tightening- Education Queensland continues to up measures contained in this legislation. I do develop curricula changes designed to not think any penalty is too severe for those enhance children's potential to cope with who so overtly set about to ruin the lives of modern society, but is it overlooking the basics young people, whether they be young men or by failing to adequately educate children about young women. I look forward to the the dangers of drugs? Successful programs consideration of the amendments circulated by elsewhere have strongly identified that the shadow Minister. classroom teachers with adequate training and resources are in a very good position to Mr HEGARTY (Redlands—NPA) positively influence children's attitudes. I (3.06 p.m.): I rise to take part in the debate on believe our role in Parliament is to give the Drugs Misuse Amendment Bill as I believe guidance, policy direction and priority setting. drugs to be the most significant problem facing our community today—bigger than taxes, There is also a practical, dollar-based bigger than price rises and bigger than reason to reorientate these priorities. Recent reconciliation. It is a problem that affects every statistics indicate that the cost being attributed community in Queensland and brings with it to our corrective services activities—what we the most dire consequences for those who might call the remedial end of our system—is must build the next generation of our drawing money from the health and education society—our youth. Drugs can turn happy, systems. The increased incidence of crime healthy teenagers into sad urban criminals, which ultimately accompanies drug use is people who must steal to feed a drug habit almost enough of a reason in itself to want to which, in many cases, could have been do something about this problem. Our prevented. overworked police know only too well that the Drugs create corpses in our communities epidemic of crime comes from the rising tide of faster than many of us realise. I was stunned addicts who must feed a habit—an expensive recently to read some statistics on hard drugs habit which will control virtually all facets of their in Australia. Between 14 and 15 Australians sad lives. die each week from heroin overdoses. That is One thing that concerns me greatly is that 700 plus per annum, and remember: these in some circles in the drug addiction treatment are virtually all young people yet to contribute industry there seems to be almost an to Australia. In Brisbane alone, I am told that acceptance of marijuana as a harmless drug ambulance officers treat up to 14 cases of that can be used by young people with no real drug overdose per week. In Brisbane last year, consequences—a bit like sneaking the first the number of teenage deaths from drug cigarette as a youngster. I totally reject that overdose leapt by a staggering 120% from the view. There is already substantial evidence of previous year. One estimate put the number of the mind-altering effects of marijuana; for heroin users in Australia as high as 400,000. example, changing inherent values such as 2172 Drugs Misuse Amendment Bill 19 Jul 2000 guilt and remorse for wrongdoing. The most that I have considered seem to have harmful effect of all is that it is regularly a substantial merit. One is an international conduit to harder and more destructive drugs. model and the other is from another Australian When considering how to fix the problem, State. we should not just be looking at how to deal One of the most interesting speakers at with the symptoms or the aftermath. We the drug summit last month was a Swede who should be asking ourselves some questions. chronicled her country's substantial drug Will injecting rooms or shooting galleries fix the problems following the 1960s and the 1970s. problem? No. Will needle exchange programs Ms Malou Lindholm chronicled how the fix the problem? No. Will halfway houses and Swedish Government had distributed drugs in addict programs fix the problem? No. Will the early days as a way of decriminalising the naltrexone fix the problem? No. Although it process and ended up with a rapidly increasing has been successful in some instances, the addict community. The community reaction to cost would be prohibitive on a large scale and a 300% to 400% increase in drug addiction it still does not address the question of was, understandably, outrage. It led to the prevention. Will stronger jail sentences fix the creation of a system based on prevention, problem? Very marginally, yes, when directed treatment and law. The school became the at major distributors but absolutely not when hub of these prevention activities. Counselling directed at users. I would rather prevent an was available and the curriculum aimed to individual from starting a drug habit than try to vaccinate young people against drug use. It help someone kick one. Of course, in a also offered treatment and ultimately used the civilised community such as ours this choice law to enforce that treatment. Importantly, will not, I hope, have to be made. We will however, it was stressed that the law was used therefore need to make some funds available for treatment enforcement, not incarceration. to help those in need while concentrating Sweden recognised very early that there is primarily on prevention. I call on the virtually no advantage in throwing a junkie into Government to concentrate its efforts on jail for what is effectively an illness. The system preventive measures, not just bandaid in Sweden has not worked perfectly, but the solutions aimed at addicts. statistics suggest that the Swedes have the There are some criticisms of recent problem under control far better than we do. Government decisions which must be aired. They have a plan, a process for treatment Earlier this year school-based drug education and, most importantly, a process of education in Queensland schools was basically cut adrift to prevent the problem. as the Education Department moved to cease Please do not get me wrong; I do not funding life education programs in our schools suggest that we soften our stance on the in favour of some amorphous program—as yet crimes resulting from drug abuse. I do, still largely unfunded, to my knowledge—of however, suggest that the US has categorically discretionary drug education varying from proven that simple incarceration for minor drug school to school. Despite two expert possession offences is wasteful, time committees endorsing the original program consuming and completely counterproductive. and despite it being delivered for what seemed It undoubtedly adds to the criminal training of to me to be a reasonable sum of taxpayers' the addict and gives him or her a wider circle of money, the Government chose to cut out this misfits with whom to deal at some later stage. positive and far-reaching program. This is bad We must fight crime by drug addicts in a enough but it was not replaced with some new completely different way to the way in which program. Our schools must now rely on the we fight the crime of drug possession. This is charity of local service clubs or use their own what the Swedish experience can teach us. stretched budgets to fund these crucial The answer may be no mercy for drug programs. We require a coordinated, possession but altering the incarceration Statewide approach to fighting drugs that is model for what we may call simple possession relevant from Cairns to Coolangatta and out to to compulsory programs of practical Camooweal. punishment, counselling and support. Put I am certain that the core problem of simply, drug trafficking should be punished drugs is universal and requires only a minimum severely, while first offenders should be helped of modification from school to school or area to through compulsion and/or coercion back into area. Having listened to stories both within my mainstream society. own electorate and around the world, I believe Another initiative which will bear much that the issues moving our young to the drug closer scrutiny is that of the Western Australian culture are universal and should be Government's SDE Program, the School Drug approached as such. The two research models Education Program. This is an innovative and 19 Jul 2000 Drugs Misuse Amendment Bill 2173 effective program aimed at attacking the be addressed. It must be addressed now problem where we can handle it best, that is, before we consign yet another generation of in schools, and also by aiming to give parents youth to its ravages and it must be addressed increased skills in the home. I strongly with strong action, assistance and guidance for recommend that honourable members who our youth. surf the net have a look at the web site Whilst the Bill before the House www.sdep.wa.edu.au, as this gives the full addresses problems with specific drugs, story. particularly Rohypnol, it is symptomatic of the What interests me about this site and this wide use of drugs in the community. The program is that it seems to have a strong, amendments that we will move send a multifaceted approach to the drug problem, message to the community that we on this offering student information, teacher side of the House are serious about drug assistance and tips for parents, and prevention, treatment for drug users and community involvement. It stresses the role of punishment for drug pushers. We support the strong parenting, good role models and the need for harsher penalties in relation to the positive nature of rules about drug taking. drug trade. I commend the majority of this Bill Roles and boundaries are discussed as being to the House. crucial for the guidance of young people—almost exactly the opposite of some Miss SIMPSON (Maroochydore—NPA) of the trendier education philosophies. SDEP (3.20 p.m.): I wish to speak briefly to this Bill is part of an integrated multi-year program and, in doing so, address the issue of the developed to fight drugs at their source. It may misuse of Rohypnol and the amendment that be expensive, but how much do drugs really my colleague the shadow Police Minister will cost our community? I am certain that move. investment will pay off. The abuse of drugs in our society is Both the Swedish experience and the robbing people of their destiny. I know that all SDEP initiative stress that prevention is better members of this Chamber and other people in than cure. One speaker at the summit, the our communities are concerned about that. Reverend Dr J. Fleming, pointed out that many We often talk about people's freedom of public policy decision makers, overwhelmed by choice—the choices that they make and of the nature and scope of the drug problem which they suffer the consequences. However, facing them, lean towards harm minimisation as people adopt lifestyles of substance abuse, practices. This type of approach fundamentally which starts to control their destiny, they lose avoids the serious question of whether people their freedom of choice and their ability to get have the right to get stoned, whether they themselves off drugs. As a community, we have the right to feed a habit by a life of crime, have to recognise that this occurs, particularly and whether they have the right to be a drain to young people who get caught in these on our society through ruining their own lives. circumstances. As well meaning as they may be, these I believe that, as elected representatives, approaches fail to realise that delivered in we need to be very firm on our anti-drug these forms these services do nothing to break stance to make sure that we send the clear the cycle of addiction. message that drugs are robbing people of We have heard all the stories. Addicts are their destiny and that they are killing people. detoxed, counselled and put back on the right However, where people want to get off drugs track, only to return to the same environment, and need help to do so, we must ensure that the same circle of associates where drugs are they are given the support to do so. So we easy to obtain and the in thing for acceptance need to strike a balance between sending the by peers. What chance does a weak person, a very clear message that there are penalties person fighting addiction anyway, have to and consequences for those people who push escape the process of getting back into the drugs and providing assistance to those who drug culture? Pretty soon they will be using want to get off drugs. drugs again, stealing to feed their habit—back The statistics indicate that increasing on the same treadmill—at a huge cost to the numbers of young people, who are the future community. There has to be a better way. of our communities, are becoming addicted to A number of the speakers at the drug these substances. That robs them of their summit stressed the need for community ability to go out and earn a living. That creates assistance and guidance and pointed out that that terrible cycle of people robbing other it is okay to say that these people have taken people, who have chosen to stay right away the wrong path. The cancer that is drugs must from drugs, and doing terrible things to them. 2174 Drugs Misuse Amendment Bill 19 Jul 2000

Those people are the innocent victims of this need to send the clear message to young whole nasty circle of drug abuse. people that there are predatory people in our My colleague the shadow Police Minister community who look to take away people's referred to the misuse of Rohypnol during his freedom of choice and steal their innocence. I speech. Previously, the legislation that this Bill reiterate that the provision that takes these amends came under the supervision of the drugs and responsibilities out of the Health Health portfolio. However, it has been portfolio and places them in the Police portfolio recognised that there is a need for stronger is appropriate. However, there needs to be penalties in relation to the misuse of such stronger penalties in recognition that the substances and the legislation has now come misuse of Rohypnol is a nasty crime and to under the supervision of the Police portfolio. send the very clear message to our judges The misuse of this drug is particularly nasty in and our courts that there needs to be the that it has been used as a weapon against appropriate penalty that fits this crime of people. As has been referred to earlier, cowardice that destroys many lives. We do not Rohypnol has been used as a weapon of want to see any more lives destroyed in our rape. People who have taken Rohypnol are communities. We recognise that these laws not even aware that it has taken away their need to be in place to protect people and ability to make choices and decisions for provide a way of limiting the damage that has themselves. When Rohypnol is combined with been done in our community. alcohol, people suffer blackouts and do not Mr DAVIDSON (Noosa—LP) (3.26 p.m.): I realise that sexual abuse has been committed rise to speak to the Drugs Misuse Amendment against them and that they were not in a Bill 2000 and, in doing so, have no hesitation position to resist it. in supporting the Minister's second-reading speech and the ramifications inherent in this That is why I support those stronger Bill, particularly as they relate to clarifying the provisions in this legislation that address the imprisonment penalties for the manufacturers misuse of Rohypnol. However, I particularly and suppliers of specific drugs. There is not support the amendment that will be moved by one member of this House who would not my colleague because we recognise that there have had the scourge that is illegal drug needs to be a penalty to fit this type of crime. trafficking and its effects displayed to them Young men, young women and maybe older vividly in their daily activities in their electorates. people have been targeted in a very nasty way As laudable as this legislation is in its attack on by this so-called date rape drug. Certainly, these particular insidious substances, all of the such instances have occurred in the nightclub legislation in the world and all the penalties scene on the Sunshine Coast. People may in that we set down in legislation seems to have good faith accept drinks from other people no apparent effect on the continuation of this without realising that those drinks have been contemptuous trade. spiked with such substances. Although the task of combating illegal This is an opportune time to send a very drug use is immense, it is a task that we can clear message to people to never accept never resile from. In fact, it is my view that we drinks from people whom they do not know or need to be more active in our endeavours and trust, to be very careful when they go out in more aware of the scope of the problems than groups, or to go out with people whom they we appear to be. I am pleased to note in this trust and, when they are meeting new people, amending legislation that the makers and to make sure—and this relates particularly to pushers of the prescription drug commercially young people—that they protect themselves known as Rohypnol now face five years in jail and guard themselves. I wish that we could and those found in possession of it can expect trust everybody. However, it is a sign of the two years in the same place. Such is the times that we need to send that message, predatory nature of the illegal use of this particularly to our young men and our young particular drug, commonly called date rape, women, to take people whom they trust with that I can understand fully why some them when they go out to have a good time jurisdictions have penalties that allow for life and socialise. They should not only look out for imprisonment—a sentence that I personally each other but also be ever so careful about have no qualms about. the drinks that they accept from people. If In this year of Olympic competition, I can those young people do not know or trust understand fully the concerns of sporting certain people, then they should not accept a bodies in their desire to stamp out the illicit use drink from them. of performance and image-enhancing Those warnings do not absolve those substances. We are all aware that some of our people who commit these crimes. However, we athletes are already being targeted as 19 Jul 2000 Drugs Misuse Amendment Bill 2175 users—incorrectly—such is the predominance This legislation is about amending the of these drugs in sports today where it is relevant provisions of the DMA Drugs Misuse assumed that every extraordinary athlete has Regulation 1997 (Drugs Regulation) and the to be on a drug of some description. When we Health (Drugs and Poisons) Regulation 1996. have had the privilege of watching our youth in One almost needs to be a medico, an sport, as we have in the Olympic trials recently, academic or a legal eagle just to read the where those most successful and gifted introductions to these regulations let alone to swimmers have attained their goals without the understand their ramifications for the entire raft use of such substances as anabolic steroids, it of prescription drug use. The nature of misuse is easy to understand why our Olympic of prescription drugs was brought home to me committee is very anxious to have these drugs forcefully just last month when I learnt of the cited as illegal with commensurate penalties to daunting experiences of a constituent of mine deter the cheats from drug use. The very least who is a registered prescription addict. that we can do to assist in this matter is to About three years ago, this gentleman, enact legislation of this nature in the hope that who was an information and technology it will deter the cheats in sport. engineer and who was happily married, Research has proved beyond doubt that contracted encephalitis. Naturally, he was driver fatalities attributable to fatigue are about hospitalised for some time, but to all intents 30% of all truck-related crashes—as many as and purposes he was cured of encephalitis. are attributable to alcohol and speeding. Unfortunately, he had also become drug Professor Laurence Hartley of the Institute for dependent—a cure that may be even worse Research in Safety in Transport states that the than the disease. His drug dependency has figure may, in fact, be much higher than that, led to the loss of his employment and the as the coroner will record fatigue as a cause of breakup of his marriage. He is dependent on death only if no other reason can be found. He welfare for income, lives in a rented flat in has also issued the following chilling comment Coolum and is totally dependent on his 82 in relation to the use of ephedrine— year old grandmother, who lives in an aged care home herself, for his immediate life "There is this attitude in the industry management. that there is no such thing as fatigue, or In April this year he visited a local dentist that if you get fatigued you can to have work done on his teeth. Upon leaving counteract that by taking the right mix of the surgery, he was seized with convulsions drugs." and fell to the pavement, splitting his head. An With that statement in mind, I will be more ambulance was called and he was transferred alert on the roads as I travel from Noosa to to the Nambour Hospital for treatment. His Brisbane and return from my visits to this grandmother was also alerted and she House. If that statement about mixing drugs travelled to the hospital. She was told by two and driving does not scare the living daylights doctors that they had examined her grandson out of us, then we should ponder a statement and had prepared a report about his condition, often made to Professor Hartley— including his reliance on prescribed drugs. The next day the patient was discharged back into "You get so tired you realise the the care of his aged grandmother. Following brake lights on the car in front of you have these events, the elderly lady moved into her been on for three minutes before you see grandson's flat, so concerned was she about them." his condition. The next evening the grandson Given those spine-tingling comments, as a started to hallucinate and deteriorated into driver and apart from my being a member of schizophrenic-style outbursts, claiming that this House, I will support any legislation that Amazon-type women were coming out of the determines to limit the trade and use of Coolum waterfall to get him and that they were ephedrine as a stimulant in the transport talking to him. industry. We can only hope that this This gentleman had never before this legislation, which will provide for the time shown any sign of aggression, but on this confiscation of profits gained from the illegal occasion, fearing for her safety, the elderly sale of ephedrine, will be sufficient to wipe out lady called her grandson's doctor and other this trade and curse on our highways. I made doctors, but was unable to gain any medical the observation earlier in my speech that we attention on the weekend. She was referred to should all make ourselves more aware of the the fact that their surgeries opened on the problems this curse imposes on society and Monday morning. As a result, she called the that I am sure we all think we are up to speed police, who were able to persuade her on this debilitating scourge on society. grandson to go with them to hospital. As most 2176 Drugs Misuse Amendment Bill 19 Jul 2000 members would know, the police cannot force and total confidence in the Police Service. She people to go to a hospital, patients must go of said that throughout this whole issue the their own free will. Queensland Police Service has been most On the Sunday, the hospital rang the helpful to her and her grandson and acted grandmother to advise that it was discharging very professionally at all times. She wants the her grandson and that she should come and Minister to know that. She asked me to get him. Friends visiting the grandmother on express that opinion to the Minister while I was their way home to Rockhampton took her to making this speech. the hospital and were so appalled at the As unbelievable as it sounds, I was grandson's appearance upon his discharge advised by police, who are often put into the that they proposed to discontinue the journey position of admitting such patients or people and stay with the elderly lady in Coolum. Prior on illicit drugs to the Nambour Hospital, that to his discharge from the Nambour Hospital, the patients are often back on the street one of the doctors told the grandmother that before the police can complete the paperwork, he had examined the grandson and felt that such is the attitude to drug sufferers at the the patient understood his prescription drug hospital. But one can only wonder about this dependency and could go home. When man's being discharged from hospital at 3 questioned about the contents of the report o'clock in the morning. The elderly filed at the same hospital days before, the grandmother, who does not drive, asked the discharging doctor said that he was unaware desk people at the hospital to call a taxi and of any such report and, as far as he was put her grandson into it and said that she concerned, the patient was free to go. would pay the taxi fare on his arrival back at On the Sunday evening at about Coolum—a not unreasonable request at 3 midnight, after a steady diet of cigarettes and o'clock in the morning for anyone, let alone an Coca-Cola, the patient started to hallucinate 82 year old lady. When the grandson did not again, claiming that the neighbours were return after a couple of hours, the coming to get him, and then he promptly grandmother rang the hospital to inquire as to became incoherent. An ambulance was called his whereabouts, only to be told there had and the paramedics counselled the man to been an incident involving her grandson as he accompany them to the Nambour Hospital, to was being discharged. which he was again admitted. He took with him On his discharge, the grandson, whom a small overnight bag which contained clean honourable members will remember is 34 clothes, cigarettes and a bottle of Coke. It is years of age, had run into the laneway next to pertinent to note the contents of this bag and the outpatients clinic and claimed to have a it is pertinent to point out that this man is a gun in his bag, the bag that I said had the registered prescription drug addict. He is not Coke bottle and clothes in it, packed by the sort of drug addict who can be found on a grandma. Naturally, the police were called, but beach or up a back lane. This is a man with a not the grandmother, and they spent some known habit and who is registered so as to be time convincing the patient to give himself up. entitled to prescription drugs. Honourable members should remember also At approximately 3 o'clock the next that upon his discharge this gentleman was morning, the hospital rang the elderly still hallucinating. grandmother to tell her it was discharging her grandson, as there was nothing more it could After this time and pressure, the patient do for him, even though he was still then announced that he could "blow up the hallucinating. It is worth repeating that this hospital" and look after himself. Needless to man had medical cover and was not a public say, this caused the assembled police to take admission and it is worth noting that his recent action to clear the hospital, call the local fire records were available in the hospital. The brigade and the bomb squad from Brisbane. Minister for Police is not listening. Minister, I Had any of them called the grandmother, wish to take the opportunity— none of this would have been necessary and, better still, if someone in the hospital had Mr DEPUTY SPEAKER (Mr Reeves): shown some better judgment than was Order! The member will speak through the exhibited, none of this would have occurred. chair. Eventually, with all of this assembled Mr DAVIDSON: Certainly, Mr Deputy force, the patient was arrested and taken to Speaker. the Maroochydore Watch-house. I might add I put on the public record in the Minister's that he was still hallucinating. At about 7 a.m. presence that the 82 year old woman to whom the elderly grandmother was told that her I am referring has relayed to me her utmost grandson was in the watch-house and she 19 Jul 2000 Drugs Misuse Amendment Bill 2177 then set about contacting her solicitor and they have had four or five prescriptions filled in directing him to the watch-house to see the a week or 10 days?", the answer is that the mad bomber, as the patient was now being system does not provide for this safeguard. referred to. Her solicitor reported back that her Apart from the obvious danger to these grandson was indeed in the watch-house, was sufferers—who, it must be remembered, are still hallucinating and would be there until he registered—how is it, in this day and age of was medically discharged. instant electronic communication, that it is not He remained there for three days. This possible for the issuing chemist to be able to matter is still proceeding in the courts, find out at the point of sale that these people including the matters relating to this man have acquired such huge doses and thus driving under the influence of drugs. This is a should not be supplied, as was the case with harrowing story, particularly for the elderly the patient about whom I have been grandmother, who now has problems speaking? Surely it is not impossible for these accessing the grandson's bank account to pay drug users to have on their Medicare cards for rent, his car payments and to get money and imprinted on the electronic slip a number for his medication, legal fees and assorted that relates to their Canberra approved other expenses. She has no power of attorney dosages which would instantly tell an issuing and not enough of her own funds to pay these chemist that this person was ineligible to bills. And worse, the grandson's welfare receive another dosage even though he or payments were stopped by Centrelink the she had an approved prescription. I realise moment he was incarcerated, even though he that this is a Federal matter, but surely it is not had not been charged. outside the parameters of the State's All of these unfortunate events raise legislation and operations that we can propose matters for consideration, some of which that such action be taken. The case that I obviously relate to Federal Acts, but which can have outlined demonstrates the need for more come back to haunt State entities, such as counselling options to be made available health and police operations, as well as money throughout the State to people with these matters for guardians who are not registered. problems so that qualified help—and not that of an 82 year old woman—is on hand to assist As I said earlier in this speech, how well them before things get to such a serious do we, the legislators, know the effects of our stage. drug laws and their operative effects? For instance, how many of us realise their I most certainly support this Bill, its ramifications for registered prescription drug solutions and its ramifications, but I believe users? I suspect it is not many. Let me tell the also that we as legislators need to be more House the facts as they relate to these people. proactive in recognising that much of our If they have the cash, registered prescription legislation, particularly in the drugs area, is drug addicts can get prescription drugs almost simply not good enough. The safeguards that at will. Doctors give out repeat prescriptions. I have alluded to in this instance prove that The patient can run off to any number of this legislation cannot protect even the legal chemists and have them filled. They then take user of drugs from overindulgence, let alone as many of those drugs as they can get into illegal users over whom it would appear we themselves, with results similar to those in the have very little control. I commend these case of the gentleman I have just spoken thoughts to the relevant Ministers for about. If one realises that some of these consideration and discussion with their Federal people get prescriptions from as many as five counterparts in regard to removing this current or six doctors, one does not have to be a loophole. It may be only a small action but it Rhodes scholar to work out the damage they may prevent many people, such as this 82 can do to themselves with such dosages. year old grandmother and her 34 year old grandson, from the insidious and destroying Chemists advise me that this is common effects of drugs, including prescription drugs. practice and it is a major problem. I asked the obvious question of these chemists, that is, Mrs PRATT (Barambah—IND) "But don't these prescriptions have to have (3.41 p.m.): I will not take much time speaking approval numbers from Canberra?", with the to this Bill, as previous speakers seemed to obvious implication being, "Aren't these cover the areas which I planned to address. I prescriptions recorded against the names of say at the outset that I will be supporting the the users?" The answer is, "Yes, they are." But Bill. if your next question is, "Why does this not With the Olympics so close, the focus is show up when these people are asking for very much on the issue of drugs in sport, and repeat orders of these drugs, showing that rightly so. Anyone found guilty of the misuse of 2178 Drugs Misuse Amendment Bill 19 Jul 2000 performance enhancing drugs is merely days. Reactions to these drugs have ranged displaying a desperate attempt to obtain glory from a high to the ultimate low of death, at any cost and more often than not at the risk whether through the drug itself or through the of that person's own health. I believe that we individual being rendered so vulnerable as to all have a responsibility in this respect as we subject themselves to assault, abduction or push our young athletes harder and harder to even murder. achieve. At the moment, Ian Thorpe's feet The ongoing leniency displayed by many have been used as an indication of drug use. of those in a position to make a difference is My son wears size 16 shoes, and his feet were frightening. It is not necessary to accept that size when he was only nine and a half. I something because it is common. Just can assure every member of this House that because the majority are doing drugs, it does that definitely was not due to drug abuse. not mean that they are right. As a result of We have also encouraged an unrealistic studying the people who do drugs, those who image for our young people. In common with can speak with authority on the issue will say the member for Gladstone, I saw a program that those who are using are not responsible which showed computer body sculpturing. We for their actions; that because of their must take some responsibility for the health- intolerable cravings, they are not sufficiently in threatening conditions that are facing our control to make the right decisions for youngsters, including drug abuse, because it is themselves. the fake images that the media promotes I support this Bill and I congratulate the which push our young people to risk their own Minister on it. I only hope that the Minister health and lives. supports the Opposition's amendments as The use of ephedrine by truckies has well. I commend the Bill to the House. been a problem for the transport industry for Mr WELLINGTON (Nicklin—IND) many years and, unfortunately, the industry (3.45 p.m.): I rise to speak in support of the itself has had trouble in stamping out its use. A Drugs Misuse Amendment Bill. I am pleased long, long time ago when working what was that the Government has introduced this Bill commonly called the dog watch between into Parliament to respond to the growing 10 p.m. and 6 a.m., I was offered ephedrine to problems occurring in our community arising assist in keeping me awake. It was very readily from the misuse of performance and image available then and it is as readily available enhancing drugs. I do not intend to go over all now. There are many reasons why truckies the matters which have already been raised and others push themselves so hard, and their and canvassed by other members in this needs must be acknowledged and addressed. House in the debate today. Suffice it to say Rohypnol, as everyone has said, is that I am very pleased that this Bill is not being commonly called the date rape drug. It has dragged through Parliament and debate is not been mentioned often today by speakers to being unreasonably prolonged. Whilst I this Bill. Of all the abuses of drugs, I think this congratulate the Minister on his Bill, I also is the most contemptible. Any man or woman indicate that I will be supporting the shadow carrying this drug in their pocket has ill intent. I Minister in the amendments that he intends to do not believe anyone would feel sympathy for move at the Committee stage. the perpetrator of such an act if they received Hon. T. A. BARTON (Waterford—ALP) the harshest of penalties, and I would endorse (Minister for Police and Corrective Services) any legislation which delivered the harshest of (3.46 p.m.), in reply: Firstly, I thank all sentences. This crime is worse than rape in members of Parliament who have spoken to that the person being attacked has not got the Bill, and I particularly thank them for their their wits about them and cannot actively support for the Bill as presented to the defend themselves. The amendment to be Parliament. I will come to the amendments a moved by the Opposition at the Committee little later on. I think the member for Nicklin stage will definitely have my support. summed it up well when he indicated that it is Every year the innocence and security of good to see that the legislation is not being our youngsters is stripped away more and dragged through the Parliament in a more. It is difficult to find any young person prolonged process. who has not been a drug user or who has not I think everyone agrees with the been offered some of these drugs, often being comments that have been made about the told that it will give them that extra something dangers of the misuse of drugs, particularly the to make the night exceptional. The thrill of misuse of Rohypnol, or flunitrazepam, which is trying something that adults advise against is its correct name. Ephedrine is similarly enough reason for kids to do anything these dangerous because of its effects on drivers. 19 Jul 2000 Drugs Misuse Amendment Bill 2179

The people who most commonly misuse anecdotal information at this stage that says ephedrine of whom we are aware are those that Australia is becoming the production who work in the truck driving industry. They are centre for distribution through South-East Asia a danger not only to themselves but also to and other parts of the world. everybody else on the roads. Various people Until now, penalties relating to anabolic have spoken about this. steroids have been very low. They have been I note the comments of the member for contained in Health Department regulations. Noosa. He said that he regularly drives from With the Olympic Games coming to Australia Noosa to Brisbane. I am on the road regularly and as a result of the States looking closer at driving between Beenleigh and Brisbane. All their penalties, it was agreed nationally that members of this Parliament travel frequently where they were too low the penalties needed and will have noted the large number of to be increased. A standard was set. The interstate semitrailers and large trucks on our standards of five years for production and sale roads. The last thing we want is someone on and two years for possession have been the road who is not in control of their own agreed nationally with all States and the faculties and who is not concentrating properly Federal Government as an appropriate level. on driving because they are hyped up with Several States were way above that level and drugs. several of them, such as Queensland, had Although we are addressing the issues of very low penalties, because until this point we flunitrazepam and ephedrine misuse in this had primarily seen it as a health issue rather Bill, the principal reason for the drafting of this than a criminal law issue. However, we now particular legislation is steroids—the use of agree that it is a criminal law issue. performance and image enhancing drugs. The The Government believes that the use of these drugs is causing a great deal of penalties included in the Bill are appropriate. I concern. The Government wanted to have this will come back to the actual levels for anabolic piece of legislation passed prior to the Olympic steroids, because that is a separate issue Games and in particular by the end of this covered by a number of foreshadowed week because some of the overseas teams amendments. In every other case, the are already training in Queensland and their Government believes that the penalties as put numbers will continue to increase as we move forward in this Bill are appropriate. I can also towards the Olympic Games. assure the Parliament that this Bill will not The penalties that were determined are simply be a piece of paper, although some consistent with penalties that have been people have expressed concerns that it may looked at by the special council of Attorneys- become just that. The Government is putting General, in effect, the Ministerial Council of in place the resources necessary to give police Attorneys-General in Australia. That in turn has the capacity to investigate and make arrests if been looked at as recently as last week at a necessary. The Government is also putting the meeting in Perth by the Australasian Police resources necessary into the John Tonge Ministers Council, of which I am a member. It Centre so that the Health Department has the was also looked at by the Ministerial Council capacity to do the tests to back up the police on Drug Strategy, which involves Police involved in that area. Ministers and Health Ministers, as recently as I should make some reference to the last week in Perth. It was not only found Scrutiny of Legislation Committee's Alert necessary to increase the penalties for misuse Digests. I will not go into any detail on that of performance and image enhancement because this issue has been very well covered drugs such as anabolic steroids but we are in its Alert Digest No. 6, which drew the now also concerned about indications that attention of the Parliament to some issues it organised crime elements are moving into the was concerned about. There are some issues manufacture, distribution and supply of that may in fact be technically in breach of anabolic steroids. fundamental legislative principles. My Last week the Australasian Police correspondence to that committee and its Ministers Council determined that the further report, Alert Digest No. 9, which was Australian Bureau of Criminal Investigation do distributed yesterday, noted the Government's further work and prepare a report for the next position. That committee has not indicated meeting of the Australasian Police Ministers that it believes we should step back. The Council to see if we need to take further steps committee has drawn our attention to what it to address the movement by organised crime saw as problems. We have said that we elements into the manufacture, supply and believe this is the correct way to tackle the distribution of anabolic steroids. There is some issue. It has noted that position. It is now very 2180 Drugs Misuse Amendment Bill 19 Jul 2000 clear that this Parliament is in a position to use of illicit drugs in society. However, it is a accept this legislation. question of balance between the penalties The shadow Minister, the member for and the measures put in place by this Toowoomba South, asked me to make some Government in conjunction with the Federal comment on Councillor Tully's position with Government and all of the other States. As regard to shifting the regional headquarters to recently as last week, the Health Minister and I Ipswich. I know that this has nothing to do with were discussing this issue with the relevant this Bill, and the shadow Minister also Federal Ministers and our equivalents in other indicated that in raising the issue. Let me States to ensure that we have a balance simply say that we have a regional Police between penalties and the realistic capacity to Service in this State. The regional get people off drugs, that is, sending headquarters is located in Toowoomba. Again, appropriate people to diversion programs I should not be talking about the Budget, but rather than through the criminal justice system. the Budget foreshadows expenditure for a new Clearly, if they are big-time peddlers of regional headquarters in Toowoomba. As far drugs, those people should be processed as this Government is concerned, the regional through the criminal justice system as opposed assistant commissioner will be staying in to those who have been trapped into using Toowoomba and that is an appropriate drugs. People who simply use drugs can location for him. Councillor Tully is very good at appropriately be diverted into treatment getting a headline and making sure that his programs. This Parliament supported my views are relayed around the State and the measures in that regard for small quantities of world. Once again, he has sucked us all into cannabis several weeks ago. There is no half- giving him more free publicity. However, the baked attitude. This Government is very up appropriate place is Toowoomba. It is a central front in its attitude to shooting galleries. As part point for the entire region. That is where the of the national program that we are all a part headquarters will be and that is where the of, together with the Federal Health Minister assistant commissioner will be located. and the Federal Minister for Justice and the Federal Attorney-General, there are several The member for Gladstone asked trials talking place in other States. They will whether some well-known medications which have to be evaluated, although I can assure contain ephedrine will be affected. I refer to the House that no door is ajar when it comes the over-the-counter medications we all tend to to shooting galleries in this State. However, we use at this time of year when we catch the flu, have to acknowledge that we need to be part or when rubbing shoulders with the Premier of the rest of Australia when it comes to after he picked up a particularly nasty flu in evaluating various programs. London recently. However, I make it very clear that these drugs are not straight ephedrines. Before putting forward his proposed Pseudoephedrines are used in those management plan, the member for medications. There will be no impact on their Toowoomba South mentioned concerns that sale and distribution or on the capacity of have been around since 1996 with regard to anybody to use those well-known medications the misuse of Rohpynol, the date rape drug. If which everybody takes for granted at this time those concerns have been there since 1996, of year. the previous Government did not move to address them. This Government has moved to I am very pleased that everybody in this address that issue. It has put into place in this Chamber has indicated support for this Bill, Bill—and I am sure that the Bill will be passed, although the Opposition has indicated that it because it appears to have the unanimous believes we are not going far enough with support of the Parliament—provisions which it regard to flunitrazepam, which is more believes are adequate, that is, a five-year commonly known as Rohypnol. In that context, penalty for production, trafficking and this Government is not stepping back from supplying and a two-year penalty for being tough in this area. I note that other possession. speakers in this debate strayed from the Bill and talked in terms of the overall issue of I draw the attention of the Parliament to drugs. They expressed concern that the the fact that there is a provision in the Criminal Government was not being seen in the Code which needs to be read in conjunction community to be tough enough on drugs. with the provisions we are putting into this Act. I again stress that there are currently no Let me assure the House that there is no penalties under the Drugs Misuse Act, but half-baked position from this Government and there will be penalties of at least five years no half-baked position from this Minister when should this Bill be passed. Section 316 of the it comes to our commitment to addressing the Criminal Code states— 19 Jul 2000 Drugs Misuse Amendment Bill 2181

"Any person who, with intent to I think that is probably all I need to cover. commit or to facilitate the commission of We do need to move to the Committee stage an indictable offence, or to facilitate the and look at the clauses in detail. I thank all of flight of an offender after the commission the members who spoke, particularly a or attempted commission of an indictable member of my parliamentary committee, the offence, administers, or attempts to member for Mount Ommaney, who is always administer, any stupefying or very supportive of the proposals I bring forward overpowering drug or thing to any person, to toughen up legislation in this State. This is guilty of a crime and is liable to Government is very genuine about addressing imprisonment for life." drug problems in Queensland, and that is what this Bill is all about. We are taking a major leap In fact, anybody who misuses the so- forward with regard to anabolic steroids, called date rape drug Rohypnol, or Rohypnol and ephedrine. I commend the Bill flunitrazepam to give its correct name, is also to the House. liable to a penalty of life imprisonment under the Criminal Code. We believe a penalty in the Motion agreed to. Drugs Misuse Act of five years' imprisonment for production, trafficking or supply of schedule Committee 2A drugs is appropriate when considered in conjunction with the existing provisions in the Hon. T. A. BARTON (Waterford—ALP) Criminal Code. (Minister for Police and Corrective Services) in charge of the Bill. The shadow Minister has spoken to me Clauses 1 to 4, as read, agreed to. about his foreshadowed amendments. We have been looking very thoroughly at whether Clause 5— we believe it is appropriate to take it to the Mr HORAN (4.04 p.m.): I move the next step of imposing even greater penalties. following amendment— Part of the reason I did not want to make a "At page 5, lines 11 and 12— quick judgment on that is that the Police Service has been rechecking for me the omit, insert— penalties that apply interstate. I do not have all '(c) if the dangerous drug is a thing of the information even now, but I do have the specified in the Drugs Misuse penalties that exist in New South Wales and Regulation 1987, schedule 2A and Victoria. These are the two largest States and is Flunitrazepam—14 years our nearest neighbours, so to speak. The imprisonment; or penalty in New South Wales for possession is (d) if the dangerous drug is a thing $2,200 or six months' imprisonment. For specified in the Drugs Misuse supply it is $22,000 or two years' Regulation 1987, schedule 2A and imprisonment. In Victoria the penalty for paragraph (c) does not apply— possession is a maximum of five years' 5 years imprisonment.'." imprisonment or a penalty of $40,000. For use This amendment and the subsequent the penalty is a maximum of one year's amendments are similar. This amendment imprisonment or a penalty of $30,000. seeks to extend the maximum imprisonment The penalties looked at by this penalty from five years to 14 years for those Government in determining that we would involved in the trafficking of Rohypnol. The bring forward legislation with a penalty of five schedule referred to in clause 5 lists all of the years' imprisonment for trafficking, supplying, illicit drugs together and applies a penalty of and so on, or two years' imprisonment for five years' imprisonment for trafficking. This possession and use, really are higher than the amendment seeks to change the wording to penalties we have been able to glean from isolate Rohypnol and make the maximum interstate to this point. Compared with other penalty for trafficking in Rohypnol 14 years' penalties and compared with the national imprisonment. I will set out the reasons for this. program, we believe that, when read in If members listened to the second- conjunction with the Criminal Code and taken reading debate and to what the Minister has in the context that there has been no penalty said, there could be no doubt in their minds at all in this State to this point in time, the that Rohypnol stands alone in its negative penalties we have put in the Bill are potential and in the sinister nature of the appropriate. I must advise that we do not crimes committed as a result of its use. believe we can accept the Opposition's The incidence of the use of Rohypnol amendments in this case. appears to be growing. I alluded to certain 2182 Drugs Misuse Amendment Bill 19 Jul 2000 incidents and news reports in my speech I say again that if we in this Parliament during the second-reading debate. I think we believe—as we all obviously do—that there are all appalled at the nature of rape should be a 14-year maximum penalty for perpetrated as a result of the use of Rohypnol attempted rape, then surely we also believe as a disinhibitor and as a stupefying agent. In there should be a 14-year maximum penalty our own minds, I do not think there is any way for the trafficking of Rohypnol. No doubt we could classify the use of that drug for that Rohypnol may, on occasions, be trafficked for purpose as of the same level of concern as other reasons, but it seems obvious to all of us the use of anabolic steroids or ephedrine. that the bulk of the time it is being trafficked for The Minister mentioned the penalties that the purpose of being used for date rape. That apply in other States. I do not think it is a fact would come out in any court case. The matter of looking at other States. It is a matter investigation would reveal whether the drug of determining what we here in Queensland was being trafficked for that purpose. The 14- want and determining how we can benchmark year maximum penalty gives the judge the that to the way we view rape or attempted opportunity and the flexibility to impose a rape in the Criminal Code that has been penalty that fits the crime committed and the accepted here in this State. In determining motivation behind that crime. that the maximum penalty for the trafficking of I think it also sends out a message that in Rohypnol should be 14 years' imprisonment, Queensland we are strong in our anti-drug the Opposition has benchmarked it to the stance, but we are also strong in the protection penalty that applies to attempted rape. of young women, who deserve to be able to The Minister correctly mentioned that the go on a social outing without the overriding maximum penalty in section 218(1) of the fear of having their drink spiked, not just at a Criminal Code for a person procuring sexual nightclub or pub but at private parties or any acts by coercion is 14 years' imprisonment. We other social occasion. Earlier I cited the case are not talking here about the person who reported in Melbourne of a barman apparently actually perpetrates the crime; we are talking working together with people in a bar to spike about the person who provides the drinks so that, regardless of whether a woman wherewithal for the crime to be perpetrated, kept her eye on her drink so that no-one perhaps not once but a number of times, and spiked it, it had already been pre-spiked. virtually markets the means to rape and I do not know that any of us could attempt rape. I think that is what everybody in honestly argue that the penalty for people this Chamber has recognised. Other speakers taking image-enhancing, body-building or have spoken about section 218 of the Criminal performance-enhancing drugs should be set at Code. We are debating the issue of those the same level as the penalty relating to people who traffic this instrument of rape, Rohypnol, which is used for date rape. The Rohypnol. They should be subject to the same Minister mentioned that reports of this type of penalty that applies to a person convicted of offence started to surface in 1996. I believe attempted rape. that was when the Qantas steward was In his second-reading speech the Minister charged and convicted. Certainly, this type of spoke about coming to a position on penalties. offence has emerged only in recent years. It is He virtually said that the median position of the a new type of crime. Although the Minister had Commonwealth was taken; that is, there were a crack at the coalition for not doing something various penalties applying throughout the about it whilst we were in Government, the States relating to anabolic steroids, Rohypnol Beattie Government has been in power for two and ephedrine. These fluctuated from six years. No doubt it is one of those difficult months' imprisonment in the Australian Capital issues on which to formulate legislation in a Territory to life imprisonment in I think Western careful and sensible way. Australia. The intermediate position of five I plead with the Committee to consider years' imprisonment that the Commonwealth this matter. I know that I am probably talking to Government had set was the one this a brick wall, because Government members Government finally determined to use in this tend to follow party lines and do not want to legislation. I say again: we should be looking divert from the Minister's position. In light of at taking a Queensland position. What is the that fact, I really direct my comments to the strength of our opposition to rape? What is the Minister. I strongly believe that given its strength of our opposition to those who traffic, criminal potential and the nature of the crime produce or supply this dangerous drug for the that flows from its use—namely, date purpose of promoting the practice of young rape—we cannot classify Rohypnol in the women being stupefied by this drug being put same class as the other substances that we into their alcoholic beverages? are considering today. It is fair and honest to 19 Jul 2000 Drugs Misuse Amendment Bill 2183 say that those who produce it, distribute it, used only for bad purposes. It is in a family of traffic it and sell it are engaging in an activity drugs which in many cases are used in other that is expansive. They may cause the vicious countries. Some of those drugs include rape or attempted rape of a number of young diazepam, which is Valium, flurazepam, which women. Therefore, one can argue strongly is Dalmane, triazolam, which is Halcion, that the penalty for dealing in this substance etazolam, which is ProSam, temazepam, should be the same as that applying to the which is Restoril, midazolam, which is Versed, perpetrators of attempted rape. and lorazepam, which is Ativan. They are all This Committee has to give this matter drugs that can be used for the same serious consideration. The Minister mentioned purposes. They are drugs that are widely used that he does not want to change the penalty around the world and are prescribed for the from five years. I ask him to reconsider that purposes that I mentioned earlier. position based on the three arguments I have I know that this drug is the one that gets advanced. Firstly, we are dealing with one of public attention in terms of its potential use as the most vicious, sinister acts that can be a date rape drug, but that is not its only use. It undertaken—the stupefying of a young does have legitimate uses. I am advised by woman in order to commit rape—and we are the Police Service that date rape is only a dealing with the people who traffic, sell and minor part of its use, even when it is used market the instrument of that crime. Secondly, illicitly. The majority of its illicit use in the this is a product that has a far nastier, more community, aside from its legal use, is not in highly criminal context to it than do the other date rape-type circumstances. It is used by substances under consideration, and it addicts as a heroin substitute. In fact, some therefore should have a higher sentencing addicts have it prescribed to them by their level. Thirdly, we cannot just say, "This is what medical practitioners. So we have to be very the other States are doing." We should think cautious when we are considering this drug, about what we in Queensland believe and the because if we look at this drug alone, we have message that we want to send out. to go back to that list of 10 or 12 that I The debate today has been a good, mentioned earlier and potentially include all of straightforward debate. There has been them, including Valium. Even though this drug substantial support for the Bill and its is much more potent than Valium, it comes principles. This is a very important point to us. from the same family of drugs. It is time that we in this Parliament stood up The Government did not do this arbitrarily. and protected young women and sent out the I am not having a shot at the coalition, but I strongest of all possible messages that we am stating the fact that the coalition was in abhor the behaviour of someone who would office for two and a half years before this stoop to producing, trafficking or selling Government came to office. The shadow Rohypnol to facilitate the date rape of a young Minister said that this has obviously been a woman. We are proposing a maximum term problem since 1996, but the coalition did not which provides the flexibility for the judge to take any steps to do anything about it. This consider all the relevant circumstances. I Government, in a balanced way, has had a strongly recommend and ask for the Minister's reconsideration of this amendment. look at this drug's uses, both legal and illegal, and reached the conclusion that the level of Mr BARTON: I think we need to look at penalties included in this Bill is appropriate. I this in its proper context. It needs to have the stress that there are penalties where no measured response of which the member for penalties existed before and, in terms of our Toowoomba South, the shadow Minister, has research, they are penalties that are roughly in spoken. All of the emotion expressed in this line with or in fact higher than the penalties debate regarding this drug has centred around interstate. its potential use in rape. I think we need to have a good look at this drug and its other I make it very clear that we did have a uses. We are not talking about some designer good look at the three factors that the member drug that is used only for date rape purposes. for Toowoomba South and shadow Minister Flunitrazepam is a drug prescribed to many has referred to. Yes, this drug can be used for people. We are not talking about a substance date rape. I am also advised by the Police concocted in backyards or cookhouses; we are Service that in the majority of cases where talking about a product that doctors prescribe convictions have been realised for its misuse in for people, mainly for insomnia. It is also used that way it has been prescription drugs that for sedation, relief of anxiety and anaesthesia. people have got hold of and misused. We will It is a drug that is widely used for very not necessarily keep it out of the community if productive purposes. It is not a drug that is it is somebody who has had it prescribed for 2184 Drugs Misuse Amendment Bill 19 Jul 2000 them by a doctor as part of a normal was put to this Government and all other State prescription and then chooses to misuse it. Governments by the Federal coalition. At least As a Government we have looked at it in as recently as last week the Federal Ministers terms of its use and what its primary use is. Its of that coalition thought they had some primary illicit use is not for date rape; its relationship with those here. It was not a case primary illicit use has been by heroin addicts. of saying unilaterally, "Well, we'll pick Date rape is not its main use. We are somewhere in the middle." It was the result of concerned here with the nastier criminal very careful consideration at various ministerial element that is becoming involved. That is why councils—at SCAG involving the Attorney- this Government chose to put in a penalty of Generals, at the Police Ministers' council and five years' imprisonment as the maximum for at the ministerial council and drug strategy trafficking and distribution, because our involving the Police Ministers and the Health predecessors left it with no penalty at all. I Ministers and in some cases the Attorneys- think it is a bit rich for members opposite to General or Ministers for Justice, depending on come in here and criticise this Government for who has that responsibility in the various providing for a five-year penalty; when in States and federally. Government, when they had the chance, they I would not like to see this degenerate prescribed no penalty at all. It tends to answer into an argument of, "We are tougher than the argument: if it is only used in a date rape them." I have to say it: there was no penalty. circumstance then the penalty for trafficking After looking at the whole issue, as a potentially should be what an attempted rape Government in good faith we have taken a penalty is—14 years' imprisonment, but I very considered position. We believe that the stress that this issue needs to be considered in penalties that we have put in the Bill are conjunction with section 316 of the Criminal appropriate and meet community standards. I Code as well because any person who uses it think it is inappropriate to try to conduct some in this way can be sent to prison for life for sort of Dutch auction and bring in a greater administering a stupefying drug. In addition, if penalty to try to make the Government look they succeed in raping a person they can be weak because in that sort of debate it is the given a life penalty for the rape; if it is an coalition that looks weak. The coalition sat in attempted rape they can be given the 14 Government for two and a half years and did years' penalty. nothing about any of these areas; nothing had I do not think we should be getting into a been done until we addressed them today. I Dutch auction in terms of applying appropriate wish we could, but we are not prepared to get penalties to this area. I repeat that at the into a Dutch auction, for all the reasons I have moment there is no penalty for possession of expressed. or trafficking in that drug illicitly. That is what Mr HORAN: It is a pity that the Minister this Government inherited: no penalties at all. tries to characterise this debate as a Dutch This Government has taken what it believes is auction, trying to prove that one side is an appropriate, balanced view in making the tougher than the other. The element that has penalties five years for trafficking and two come through this debate throughout the day years for possession. This Government has has been the potential of Rohypnol, the had a good look at it. That is why I did not say sinister nature of the drug when it is used for unilaterally that we would not consider those date rape, the protection of young women and amendments. Knowing what I have already looking rationally at what is being done by said, I wanted to know what the interstate someone who traffics in the drug and saying, position was. "How do we benchmark that? What is a fair In terms of the penalties for the anabolic and reasonable penalty in that circumstance?" steroids, the PIEDs, the level that was set was That is why we looked at the figure that this based on proposals put forward by the Federal State Parliament had agreed upon for coalition. The majority of the States have attempted rape—14 years' imprisonment— accepted them. Several States already had and we believe that someone who traffics in higher penalties and they wished to retain this drug and thereby can or does cause one those higher penalties, but there were States or a number of rapes or attempted rapes is, at like Queensland which had terrible little tiny the very least, deserved of a penalty similar to slap-on-the-wrist type fines in the health a perpetrator who attempts rape. I think that regulations even for the anabolic steroids. The that is quite clear. member for Toowoomba South, who was the The Minister claimed that nothing had then Health Minister, should not be critical of been done about this in the past. The coalition the process by which we achieved the five-year has supported this Bill today. Probably a penalty for the anabolic steroids, because that substantial reason for the introduction of the 19 Jul 2000 Drugs Misuse Amendment Bill 2185

Bill is the push from the Australian Olympic member. However, that is not the only use of Committee. The Minister and I both know that Rohypnol. In fact, it is used in that way in only issues to do with new designer drugs and a minority of cases. We are certainly very other sorts of drugs that emerge almost daily appreciative of the support that has been are dealt with by the police. They deal with given to the Bill by the Parliament today. them carefully. I dare say the Minister probably However, I repeat that there are some good, inherited the product of a certain amount of valid reasons as to why the penalties should work that had been done on the need for be as we have introduced them to the legislation covering this particular drug. No Parliament rather than as contained in the doubt that was refined over the last couple of Opposition's amendments. years before this Bill came before the Again—and I am trying not to be too picky Chamber. about this—if it is such a serious issue, I do not Let us put aside that issue. I want to understand why the member's Government repeat in this my final comment on this did not do anything about it and at this level. amendment that we believe that this is a very This clause is based on the information that important issue. We need to set the standard we have. It is based on what the drug is used in this State for the protection of young women for legally; it is based on the interstate from one of the most insidious of crimes. If the comparisons. I checked the interstate trafficking or marketing of this drug is not comparisons to see whether the penalties in nipped in the bud right here and now, it will our legislation are in fact way below those in only mean an increasing incidence of this other States. We are suggesting penalties insidious crime. higher than those provided for in the legislation I repeat: our reasons are that the use of in other States that we have been able to get this drug for date rape is far more insidious our hands on for comparison. and criminal than the use of anabolic steroids The reality is that, in the minority of cases, and ephedrine. Therefore, we believe the Rohypnol is used for date rape. It is typically penalty should be on a higher plateau. It is a used in conjunction with heroin. That is its illicit maximum penalty. The Minister mentioned the use; otherwise it is a legal drug for a range of illicit use of this drug when it is taken to take genuine purposes. The member's amendment the edge off heroin, as users of that drug say. focuses only on Rohypnol's use for date rape However, reports from New South Wales purposes as opposed to the majority of its illicit indicate that about 30% of the overdoses on uses, which makes the amendment invalid. I heroin occur when it is taken in combination regret that I am unable to accept the with benzodiazepines, in particular, Rohypnol. member's amendment. So in that context of use it is extremely Mr HORAN: The Minister just said that if it dangerous as well. was the only use of Rohypnol he would agree. However, our amendment is aimed at Mr Barton: If it was. date rape—to put up the strongest possible Mr HORAN: If it was, yes. However, it is opposition to it and to leave those people who one of the uses of Rohypnol. contemplate trafficking, selling or producing Rohypnol in no doubt whatsoever that if they Mr Barton: The minority use. come before the court and the court decides Mr HORAN: The Minister says that it is the that the purpose of the trafficking was for minority use— these reasons, then it is quite clear that the Mr Barton: That is what the police report judge has the flexibility to impose a sentence to me. of up to 14 years. I do not think that there can be anything worse than trafficking a product Mr HORAN: All right. The Minister has that can potentially result in date rape. That is said that if it was the only use of Rohypnol he why we strongly believe that this is a very would agree with the amendment. The correct and accurate way to assess the Minister has already agreed with the bulk of penalty. It really is a pity that the Minister our argument about the potential danger of cannot accept this amendment, because it this drug. The Minister has acknowledged that provides flexibility whilst stating a maximum what we are saying about Rohypnol in the penalty. It certainly would put up a barrier to context of date rape is right. those people who wish to use Rohypnol for Mr Barton: I don't think you should read that purpose. that into it. You are misrepresenting my Mr BARTON: I will be very brief. If the only position. use of Rohypnol was for date rape, then I Mr HORAN: The Minister says that I am would have no trouble agreeing with the misrepresenting his position. I have just heard 2186 Drugs Misuse Amendment Bill 19 Jul 2000 him say that if Rohypnol was used only for that is Flunitrazepam—14 years purpose he would agree with what we are imprisonment; or saying. Surely the fact that Rohypnol is also (f) if the dangerous drug is a thing used illicitly in conjunction with heroin does not specified in the Drugs Misuse make our amendment incorrect. Our Regulation 1987, schedule 2A and amendment sets the penalty at a maximum of paragraph (e) does not apply— 14 years. It provides that flexibility for the 5 years imprisonment.'." judge. However, the clear message of our amendment is that Rohypnol used for the This amendment is similar to the previous purpose of date rape is not on here in amendment. The previous amendment Queensland and that we will not stand for it. referred to the trafficking of dangerous drugs, specifically Rohypnol. This amendment refers I reiterate that I think it is a shame that to the supply of dangerous drugs. The existing this amendment is not being accepted. Just as clause in the Bill stipulates a maximum penalty the Minister does not accept my argument, I of five years for all of the drugs. The purpose do not accept his argument that because of this amendment is to take Rohypnol out of Rohypnol is used for other illicit purposes it this clause and provide a 14-year maximum should not attract the maximum penalty of 14 penalty in regard to it because of the years. We are proposing to insert that seriousness of the misuse of that drug. specifically into this Bill because one of the purposes of the misuse of Rohypnol is date I will not go over in detail again the points rape and, in our eyes, date rape equates to I raised in relation to the first amendment. The attempted rape, the penalty for which, as Minister said that, if the only instance of the contained in the Criminal Code, is 14 years. illicit use of Rohypnol was date rape, he would Those who perpetrate that practice by selling, agree with me. Surely this is a matter for a trafficking, supplying or producing this product judge to determine in looking at the deserve the same treatment from the courts. circumstances of a particular offence. We are proposing that the maximum penalty for a Question—That Mr Horan's amendment person supplying Rohypnol be 14 years' be agreed to—put; and the Committee imprisonment—the same as the term for divided— attempted rape. The previous amendment AYES, 41—Beanland, Black, Borbidge, Connor, related to a person trafficking Rohypnol. If the E. Cunningham, Dalgleish, Davidson, Elliott, Feldman, Rohypnol supplied is used in the commission Gamin, Goss, Healy, Hobbs, Horan, Johnson, of date rape—and it might be supplied once or Kingston, Knuth, Laming, Lester, Lingard, several times, depending on the market and Littleproud, Malone, Mitchell, Nelson, Paff, Pratt, the amount supplied—the offence committed Prenzler, Quinn, Rowell, Santoro, Seeney, Sheldon, by the supplier is as bad as or worse than the Simpson, Slack, Springborg, Stephan, Turner, offence of the person committing attempted Watson, Wellington. Tellers: Baumann, Hegarty rape. Therefore, the maximum penalty should NOES, 41—Attwood, Barton, Beattie, Bligh, Boyle, be 14 years' imprisonment. Braddy, Bredhauer, Clark, J. Cunningham, Edmond, Elder, Fenlon, Fouras, Hamill, Hayward, Hollis, Kaiser, I repeat that this is about establishing a Lavarch, Lucas, Mackenroth, Miller, Mulherin, clear knowledge of the use of Rohypnol. The Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, Minister has mentioned that the major part of Pitt, Reeves, Reynolds, Roberts, Robertson, Rose, the problem involves the drug being taken Schwarten, Spence, Struthers, Welford, Wells, illicitly in conjunction with heroin. As I said, that Wilson. Tellers: Sullivan, Purcell combined use is responsible for about 30% of The numbers being equal, the Chairman the overdose deaths in New South Wales. But cast his vote with the Noes. the Minister cannot use that fact to circumvent the argument that the most dreadful use of Resolved in the negative. Rohypnol is date rape. The Minister has said Clause 5, as read, agreed to. that, if that was the only misuse of the drug, he would agree to this amendment. If there Clause 6— were a 14-year maximum penalty, a judge Mr HORAN (4.42 p.m.): I move the could make a decision depending upon the following amendment— circumstances of the case. Certainly, it should "At page 5, lines 16 and 17— be equivalent to attempted rape, because at the very least it is equivalent to or worse than omit, insert— attempted rape; it can bring about multiple '(e) if the dangerous drug is a thing cases of attempted rape. specified in the Drugs Misuse Mrs SHELDON: I share the grave Regulation 1987, schedule 2A and concerns expressed by the shadow Minister. 19 Jul 2000 Drugs Misuse Amendment Bill 2187

This terrible drug, which is often delivered in use of Rohypnol to drug people in bars nightclubs and invariably without a young was not a widespread problem. person's knowledge, affects our youth, in He said prescriptions were more particular young girls who, on a night out, are commonly forged by heroin addicts being drugged against their will and raped. desperate for Rohypnol to 'take the edge' Afterwards, they have very little, if any, off withdrawal. Thirty per cent of NSW's recollection of what happened, and that serves heroin overdose deaths were attributed to as a negative if they have the opportunity to benzodiazepines, such as Rohypnol, go to court and give evidence. I cannot see taken in combination with heroin." why the Minister would not agree with the maximum sentence of 14 years' imprisonment I do not know how long we can continue to being open to a judge to impose. As the raise the same issues. The substance of the shadow Minister rightly said, a judge has difference between us was debated in relation discretion. If he feels that is not a suitable to the last amendment. As I indicated penalty, he has the discretion not to impose it. previously, we looked very carefully at this If the 14-year term is not open, he will not amendment. We agree that there needs to be have the ability, under the legislation, to a tough penalty for this use of the drug. In our impose the maximum penalty. view, that tough penalty is in our Bill, particularly when it is looked at in conjunction I feel very strongly about this, because with the relevant provisions of the Criminal about 12 months ago friends of mine lost an Code. Before this Bill came into the Chamber, 18 year old daughter following an incident in a there was no penalty. nightclub. It was found that her drink had been spiked with Rohypnol. This wonderful young Mr HORAN: The Minister just read from girl, who was all of 18 years of age, died. No an article that said that Rohypnol was penalty can be too strong for this offence. linked—and I think I have this right—to some People are preying on our youth. It is 20 incidents of rape or attempted rape in important that we as legislators make available Melbourne. That in itself is sufficient to say that a penalty that is a maximum deterrent. If we should be concerned enough about the anyone is going to spike anyone's drink use of Rohypnol in date rape to agree to this without their knowledge, they should go to jail amendment for a maximum of 14 years' for a very long time. Our courts should have imprisonment. the ability to impose the maximum sentence. I I would like to go back to the very sad urge the Minister to consider what we are matter that my colleague the member for saying, because it is essential that judges Caloundra mentioned. The Minister said that in have the opportunity to impose the maximum that case the perpetrator received life. What I penalty. The child of a friend or someone we keep saying here is that we are talking about know might be the one affected today, but it the person who traffics in or, in the case of this could be ours tomorrow. amendment, sells this particular substance which then becomes the instrument of Mr BARTON: Obviously, I am very sad attempted rape, rape or, in the case that has about the case mentioned by the member for been mentioned here tonight, murder. That Caloundra involving the death of a young girl, has to be separated from the issue of the but in that case the charge would be murder. If perpetrator of the crime. it were found that a perpetrator's action of putting a stupefying drug in a drink resulted in In the case of a person who has sold the death of a young person, that offender Rohypnol to someone who has used it once or would be charged with murder. a number of times to commit rape or attempt to commit rape, under this legislation if it is We have to come back to the facts. A passed tonight in its current form that person document from a Health Ministers meeting last would be subject to a maximum of five years' year stated— imprisonment. We are saying that what that "NSW Attorney-General's Department person has done is equivalent to, or worse figures show 17 people were convicted in than, what the perpetrator who has attempted NSW between 1990 and 1998 for the rape or committed the rape has done. It is administering a stupefying drug like not just that person who might be committing Rohypnol with the intention of committing these crimes a number of times; it could be a a crime. Rohypnol, 10 times stronger than number of people who are doing that because Valium, has been linked to more than 20 of the person who is producing, trafficking or Melbourne sexual assaults this year. The selling Rohypnol, in this case, for this particular chief executive of the Alcohol and Other purpose. As the Minister has said himself, the Drugs Council, Mr David Crosbie, said the Rohypnol is a part of the illicit purpose—not 2188 Drugs Misuse Amendment Bill 19 Jul 2000 the whole purpose. Our maximum penalty of Clause 6, as read, agreed to. 14 years' imprisonment provided for in this Clause 7— amendment gives the judiciary the opportunity to make that determination in their judgment. Mr HORAN (5 p.m.): I move the following Mrs SHELDON: I would like to endorse amendment— what the shadow Minister has just said. Yes, "At page 6, lines 6 to 9— the perpetrator is a complete villain, but so omit, insert— indeed is the supplier. The supplier, similarly, needs to be caught and given a very severe '(b) if the offence or act, from the penalty. I know I quoted the example of the commission of which the offence very unfortunate incident of that young girl who property was obtained, related to a died, but I do not think that the trauma dangerous drug that is a thing suffered by any woman or young person of specified in the Drugs Misuse being raped, often repeatedly, when under the Regulation 1987, schedule 2A and influence of such a drug that has been put into is Flunitrazepam—14 years their drink unbeknownst to them can be imprisonment; or emphasised enough. (c) if the offence or act, from the I hear the Minister's explanations and his commission of which the offence concerns, but I do think that the overriding property was obtained, related to a deterrent has to be there to do everything we dangerous drug that is a thing can to stop this occurring. Unless a person has specified in the Drugs Misuse been raped, I do not think they would know Regulation 1987, schedule 2A and the trauma that that causes to their lives. paragraph (b) does not apply— Certainly, for the women to whom I have 5 years imprisonment.'." spoken, that trauma is experienced not just on This amendment refers to the receiving or that occasion; it is something that occurs possessing of property obtained from regularly throughout their life. It often affects trafficking or supplying and the penalties that their ability to have normal relations with other apply thereto. I have made all my points and people. It is a life traumatising experience. arguments; I will not do repeat them. So a maximum penalty should be there Question—That Mr Horan's amendment so that it can be used and, again, the courts be agreed to—put; and the Committee have the discretion to use the penalty. This is divided— not mandatory; it is purely an option that is being put forward so that the judge has the AYES, 40—Beanland, Black, Borbidge, Connor, right to use that penalty if at all possible. I E. Cunningham, Dalgleish, Davidson, Elliott, Feldman, Gamin, Healy, Hobbs, Horan, Johnson, Kingston, really cannot see what the problem is. I do Knuth, Laming, Lester, Lingard, Littleproud, Malone, think that this would be a very valid way of Mitchell, Nelson, Paff, Pratt, Prenzler, Quinn, Rowell, showing that we are really very serious about Santoro, Seeney, Sheldon, Simpson, Slack, what we think about this dreadful drug, those Springborg, Stephan, Turner, Watson, Wellington. who supply it, the perpetrators of these crimes Tellers: Baumann, Hegarty and what they do to our youth in particular. NOES, 41—Attwood, Barton, Beattie, Bligh, Boyle, Question—That Mr Horan's amendment Braddy, Bredhauer, Clark, J. Cunningham, Edmond, be agreed to—put; and the Committee Elder, Fenlon, Hamill, Hayward, Hollis, Kaiser, divided— Lavarch, Lucas, Mackenroth, Mickel, Miller, Mulherin, Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, AYES, 40—Beanland, Black, Borbidge, Connor, Pitt, Reeves, Reynolds, Roberts, Robertson, Rose, E. Cunningham, Dalgleish, Davidson, Elliott, Feldman, Schwarten, Spence, Struthers, Welford, Wells, Gamin, Healy, Hobbs, Horan, Johnson, Kingston, Wilson. Tellers: Sullivan, Purcell Knuth, Laming, Lester, Lingard, Littleproud, Malone, Mitchell, Nelson, Paff, Pratt, Prenzler, Quinn, Rowell, Resolved in the negative. Santoro, Seeney, Sheldon, Simpson, Slack, Springborg, Stephan, Turner, Watson, Wellington. Mr HORAN: I move the following Tellers: Baumann, Hegarty amendment— NOES, 41—Attwood, Barton, Beattie, Bligh, Boyle, "At page 6, lines 20 to 23— Braddy, Bredhauer, Clark, J. Cunningham, Edmond, omit, insert— Elder, Fenlon, Hamill, Hayward, Hollis, Kaiser, Lavarch, Lucas, Mackenroth, Mickel, Miller, Mulherin, '(b) if the offence or act, from the Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, commission of which the offence Pitt, Reeves, Reynolds, Roberts, Robertson, Rose, property was obtained, related to a Schwarten, Spence, Struthers, Welford, Wells, dangerous drug that is a thing Wilson. Tellers: Sullivan, Purcell specified in the Drugs Misuse Resolved in the negative. Regulation 1987, schedule 2A and 19 Jul 2000 Drugs Misuse Amendment Bill 2189

is Flunitrazepam—14 years Question—That Mr Horan's amendment imprisonment; or be agreed to—put; and the Committee (c) if the offence or act, from the divided— commission of which the offence AYES, 40—Beanland, Black, Borbidge, Connor, property was obtained, related to a E. Cunningham, Dalgleish, Davidson, Elliott, Feldman, dangerous drug that is a thing Gamin, Healy, Hobbs, Horan, Johnson, Kingston, specified in the Drugs Misuse Knuth, Laming, Lester, Lingard, Littleproud, Malone, Regulation 1987, schedule 2A and Mitchell, Nelson, Paff, Pratt, Prenzler, Quinn, Rowell, Santoro, Seeney, Sheldon, Simpson, Slack, paragraph (b) does not apply— Springborg, Stephan, Turner, Watson, Wellington. 5 years imprisonment.'." Tellers: Baumann, Hegarty Again, because I have made all of my NOES, 41—Attwood, Barton, Beattie, Bligh, Boyle, points, I will not reiterate them. What we are Braddy, Bredhauer, Clark, J. Cunningham, Edmond, seeking to do with this amendment is Elder, Fenlon, Hamill, Hayward, Hollis, Kaiser, recognise the danger of and criminal damage Lavarch, Lucas, Mackenroth, Mickel, Miller, Mulherin, caused by the trafficking and supply of Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, Rohypnol in the community. The amendment Pitt, Reeves, Reynolds, Roberts, Robertson, Rose, the Opposition has moved recognises that Schwarten, Spence, Struthers, Welford, Wells, danger. If the Government does not support Wilson. Tellers: Sullivan, Purcell this amendment it does not recognise the Resolved in the negative. ultimate danger of Rohypnol. Clause 8, as read, agreed to. Question—That Mr Horan's amendment be agreed to—put; and the Committee Clause 9— divided— Mr HORAN (5.19 p.m.): I move the AYES, 40—Beanland, Black, Borbidge, Connor, following amendment— E. Cunningham, Dalgleish, Davidson, Elliott, Feldman, "At page 7, lines 5 to 7— Gamin, Healy, Hobbs, Horan, Johnson, Kingston, Knuth, Laming, Lester, Lingard, Littleproud, Malone, omit, insert— Mitchell, Nelson, Paff, Pratt, Prenzler, Quinn, Rowell, '(c) if the dangerous drug to which Santoro, Seeney, Sheldon, Simpson, Slack, the instructions relate is a thing Springborg, Stephan, Turner, Watson, Wellington. specified in the Drugs Misuse Tellers: Baumann, Hegarty Regulation 1987, schedule 2A and NOES, 41—Attwood, Barton, Beattie, Bligh, Boyle, is Flunitrazepam—7 years Braddy, Bredhauer, Clark, J. Cunningham, Edmond, imprisonment; or Elder, Fenlon, Hamill, Hayward, Hollis, Kaiser, Lavarch, Lucas, Mackenroth, Mickel, Miller, Mulherin, (d) if the dangerous drug to which the Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, instructions relate is a thing specified Pitt, Reeves, Reynolds, Roberts, Robertson, Rose, in the Drugs Misuse Regulation Schwarten, Spence, Struthers, Welford, Wells, 1987, schedule 2A and paragraph (c) Wilson. Tellers: Sullivan, Purcell does not apply—2 years Resolved in the negative. imprisonment.'." Clause 7, as read, agreed to. This amendment relates to what can be Clause 8— described as lesser offences, for which the Bill seeks to impose a penalty of two years' Mr HORAN (5.13 p.m.): I move the imprisonment, which is virtually half of the following amendment— penalty of five years' imprisonment provided in "At page 6, lines 27 and 28— the previous clauses. Consistent with our belief omit, insert— that those offences should carry a maximum penalty of 14 years' imprisonment, we believe '(f) if the dangerous drug is a thing that for these lesser offences—in this case the specified in the Drugs Misuse publishing of the method by which this Regulation 1987, schedule 2A and particular substance is produced—there should is Flunitrazepam—14 years be a maximum penalty of seven years' imprisonment; or imprisonment. (g) if the dangerous drug is a thing I ask honourable members to consider specified in the Drugs Misuse this point. How can we compare the offence of Regulation 1987, schedule 2A and someone publishing the method used to paragraph (f) does not apply— produce Rohypnol, which can be used for date 5 years imprisonment.'." rape, with an offence involving anabolic All the arguments have been presented steroids that are to be used for cheating in previously. sport, for performance enhancement or for 2190 Drugs Misuse Amendment Bill 19 Jul 2000 image enhancement, or with an offence penalty of seven years, whereas the Bill involving ephedrine, which people are using to provides for a maximum penalty of two years. keep themselves awake. I ask honourable Again I point out that it is a maximum penalty. members to compare the substances we are I will not say any more, because I have put all considering. I think that will tell them clearly my arguments previously. that there is a vast difference between the Question—That Mr Horan's amendment criminal use of Rohypnol, which has the be agreed to—put; and the Committee potential to cause extreme damage, and the divided— criminal use of the other products. That is the reason for our continued strong stance. AYES, 41—Beanland, Black, Borbidge, Connor, E. Cunningham, Dalgleish, Davidson, Elliott, Feldman, Question—That Mr Horan's amendment Gamin, Goss, Healy, Hobbs, Horan, Johnson, be agreed to—put; and the Committee Kingston, Knuth, Laming, Lester, Lingard, divided— Littleproud, Malone, Mitchell, Nelson, Paff, Pratt, Prenzler, Quinn, Rowell, Santoro, Seeney, Sheldon, AYES, 40—Beanland, Black, Borbidge, Connor, Simpson, Slack, Springborg, Stephan, Turner, E. Cunningham, Dalgleish, Davidson, Elliott, Feldman, Watson, Wellington. Tellers: Baumann, Hegarty Gamin, Healy, Hobbs, Horan, Johnson, Kingston, Knuth, Laming, Lester, Lingard, Littleproud, Malone, NOES, 41—Attwood, Barton, Beattie, Bligh, Boyle, Mitchell, Nelson, Paff, Pratt, Prenzler, Quinn, Rowell, Braddy, Bredhauer, Clark, J. Cunningham, Edmond, Santoro, Seeney, Sheldon, Simpson, Slack, Elder, Fenlon, Hamill, Hayward, Hollis, Kaiser, Springborg, Stephan, Turner, Watson, Wellington. Lavarch, Lucas, Mackenroth, Mickel, Miller, Mulherin, Tellers: Baumann, Hegarty Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, Pitt, Reeves, Reynolds, Roberts, Robertson, Rose, NOES, 41—Attwood, Barton, Beattie, Bligh, Boyle, Schwarten, Spence, Struthers, Welford, Wells, Braddy, Bredhauer, Clark, J. Cunningham, Edmond, Wilson. Tellers: Sullivan, Purcell Elder, Fenlon, Hamill, Hayward, Hollis, Kaiser, Lavarch, Lucas, Mackenroth, Mickel, Miller, Mulherin, The numbers being equal, the Chairman Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, cast his vote with the Noes. Pitt, Reeves, Reynolds, Roberts, Robertson, Rose, Schwarten, Spence, Struthers, Welford, Wells, Resolved in the negative. Wilson. Tellers: Sullivan, Purcell Clause 10, as read, agreed to. Resolved in the negative. Clause 11— Clause 9, as read, agreed to. Mr HORAN (5.33 p.m.): I move the following amendment— Clause 10— "At page 7, lines 21 to 24— Mr HORAN (5.26 p.m.): I move the following amendment— omit, insert— "At page 7, lines 11 and 12— '(b) if possession of the thing is for use, or has been used, in connection with omit, insert— the commission of a crime relating to '(e) if the dangerous drug is a thing a dangerous drug that is a thing specified in the Drugs Misuse specified in the Drugs Misuse Regulation 1987, schedule 2A and Regulation 1987, schedule 2A and is Flunitrazepam—7 years is Flunitrazepam—7 years imprisonment; or imprisonment; or (f) if the dangerous drug is a thing (c) if possession of the thing is for use, specified in the Drugs Misuse or has been used, in connection with Regulation 1987, schedule 2A and the commission of a crime relating to paragraph (e) does not apply— a dangerous drug that is a thing 2 years imprisonment.'." specified in the Drugs Misuse This amendment refers to the actual Regulation 1987, schedule 2A and possession of Rohypnol. In common with the paragraph (b) does not apply—2 previous amendment, it is a lesser charge. The years imprisonment.'." previous amendment related to publishing and This refers to the possession of things for the virtually teaching people how to produce the use in or used in connection with the product. This amendment relates to a lesser commission of a crime relating to a dangerous charge. Again we have made the maximum drug. Again, we are working upon the same term of imprisonment relative to our 14-year principle as before of having a more serious benchmark, which is the benchmark set on the penalty for the use of a thing for the basis that attempted rape attracts a maximum production of Rohypnol. I will not say any penalty of 14 years. We propose a maximum more. 19 Jul 2000 Drugs Misuse Amendment Bill 2191

Question—That Mr Horan's amendment sinister crimes that could possibly occur. So by be agreed to—put; and the Committee all accounts, Rohypnol has to be considered to divided— be a far more dangerous and serious drug, AYES, 41—Beanland, Black, Borbidge, Connor, because of the sinister crime—date rape—of E. Cunningham, Dalgleish, Davidson, Elliott, Feldman, which it is an instrument. Rohypnol cannot be Gamin, Goss, Healy, Hobbs, Horan, Johnson, treated in the same way as anabolic steroids Kingston, Knuth, Laming, Lester, Lingard, or ephedrines are treated. Littleproud, Malone, Mitchell, Nelson, Paff, Pratt, Prenzler, Quinn, Rowell, Santoro, Seeney, Sheldon, If we as a Parliament are serious about Simpson, Slack, Springborg, Stephan, Turner, standing up for young women, about Watson, Wellington. Tellers: Baumann, Hegarty endeavouring to stop an insidious crime such NOES, 41—Attwood, Barton, Beattie, Bligh, Boyle, as date rape, about stopping those people Braddy, Bredhauer, Clark, J. Cunningham, Edmond, who are producing, trafficking or supplying Elder, Fenlon, Hamill, Hayward, Hollis, Kaiser, Rohypnol or publishing anything to do with Lavarch, Lucas, Mackenroth, Mickel, Miller, Mulherin, Rohypnol for the purpose of date rape, then Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, this Parliament should be putting in place the Pitt, Reeves, Reynolds, Roberts, Robertson, Rose, toughest of penalties. We have argued here Schwarten, Spence, Struthers, Welford, Wells, quite logically that the penalty should be Wilson. Tellers: Sullivan, Purcell parallel to the penalty that is contained in the The numbers being equal, the Chairman Criminal Code for attempted rape, as we can cast his vote with the Noes. compare the crime of attempted rape with the Resolved in the negative. crime committed by someone who is producing, trafficking or selling Rohypnol for Clause 11, as read, agreed to. the purpose of someone being able to buy Clause 12— that substance to put into a young woman's Mr HORAN (5.39 p.m.): I move the alcoholic beverage for the purpose of either following amendment— attempting to rape her or raping her. As I have said previously, from that production, trafficking "At page 8, lines 14 to 17— or selling of Rohypnol, that could happen omit, insert— multiple times. So it is correct to relate the '(b) if the place is permitted to be used seriousness of the crime of trafficking, selling, for the commission of a crime in using and publishing whatever to do with relation to a dangerous drug that is a Rohypnol with the crime of attempted rape. thing specified in the Drugs Misuse That indicates the seriousness with which we Regulation 1987, schedule 2A and have addressed this problem. is Flunitrazepam—7 years During one of the Minister's arguments imprisonment; or that he has put forward tonight, he said that if (c) if the place is permitted to be used Rohypnol was used 100% of the time for date for the commission of a crime in rape, then he would agree with what we are relation to a dangerous drug that is a saying. That logic should flow on to agreeing thing specified in the Drugs Misuse with what we are proposing tonight in that if Regulation 1987, schedule 2A and Rohypnol was used for any percentage of the paragraph (b) does not apply—2 time—whether it is 50%, 30% or 40%—in any years imprisonment.'." way to promote and be an instrument of date rape, then the Minister and his Government This amendment relates to the clause of the should be agreeing with these amendments Bill that deals with permitting the use of a we have put forward. place and the setting of the penalty. Finally, I repeat what I said at the outset: I will finish up by saying that this in dealing with these particular illicit substances amendment is about providing protection for in this Bill, we have recognised that one the daughters, sisters and other members of substance alone stands out from the others, families in our society in Queensland. We all and that is Rohypnol. We can look at the know the dastardly nature of rape. I think that steroids that are used for body building and the least this Parliament could have done was other illicit performance enhancing purposes to put in place another barrier against the and we can look at the ephedrines and what production and trafficking of Rohypnol so that they are used for, but we should look at it could not be used for that purpose, or to Rohypnol and how it can be misused. As the reduce its usage for that purpose. Minister said, Rohypnol is not used solely for Mrs SHELDON: I will be brief. However, I date rape purposes, but it is used for date feel that I must stand and support the rape, which is one of the most insidious, comments of the shadow Minister. The whole 2192 Diesel Rebate Scheme 19 Jul 2000 reason that this drug is used in this manner— Resolved in the negative. whether it is purchased, supplied, trafficked or Clause 12, as read, agreed to. whatever—is for not only attempted rape but also rape. That is our concern. Surely, the Clauses 13 to 26, as read, agreed to. legitimate use of Rohypnol as a medication is Schedule— well covered. This whole Bill is about the Mr HORAN (5.51 p.m.): My question is misuse of drugs. So I do not really see where simply: does this schedule include masking the Minister is coming from when he says that agents that are used by athletes to mask the he would insert the maximum penalty for the effect of anabolic steroids so that they do not misuse of Rohypnol if date rape was the only show positive when they are tested? Does the reason for which Rohypnol was being misused. schedule, particularly at the end where it says By and large, that is the only reason why it is "Any other anabolic and androgenic steroidal misused. The misuse of Rohypnol is relatively agent", include masking agents that can be new and surrounds this whole situation of used to mask anabolic steroids? drinks being spiked and rape or attempted rape occurring. There is no doubt about that. Mr BARTON: I think that if it is an anabolic steroid, it covers it. I presume that the answer If the Criminal Code provides a penalty of is yes. 14 years for rape and attempted rape, so indeed should it provide the same penalty Schedule, as read, agreed to. under this new law, which relates to the misuse Bill reported, without amendment. of drugs. Otherwise, the law is a nonsense. We cannot put the end purpose of spiking a drink with Rohypnol on the same level as the Third Reading misuse of anabolic steroids or ephedrine. Bill, on motion of Mr Barton, by leave, Although I support totally what the Minister is read a third time. doing in that regard—we must make sure that our athletes are protected and that our clean image in sport is protected, and we know that DIESEL REBATE SCHEME the damage that ephedrine, particularly when Mrs LIZ CUNNINGHAM (Gladstone—IND) taken by truck drivers, can cause on our roads (5.55 p.m.): I move— is death and destruction—I do not consider that the specific use of Rohypnol for spiking "That this House calls on the drinks for date rape, and often it is very Government to review the diesel rebate specific, if not always, can be considered to be scheme in Queensland for off-road diesel on the same level. In this regard, I urge the users to ensure their fuel input costs do Minister to support our shadow Minister, not rise in spite of the Intergovernmental because I think that his amendment is very Agreement." good and sound and that it will help protect I acknowledge that the off-road diesel people, particularly our young women, our girls rebate issue is not simple. On 1 July the State and our youth. fuel rebate of 8.3c per litre for off-road diesel Question—That Mr Horan's amendment users ceased. The Federal Government be agreed to—put; and the Committee assumed responsibility. In recognition of this divided— change in responsibility, the Federal Government arranged to retain $175m of the AYES, 41—Beanland, Black, Borbidge, Connor, $500m rebate paid to Queensland in regard to Cooper, E. Cunningham, Dalgleish, Davidson, Elliott, Feldman, Gamin, Goss, Healy, Hobbs, Horan, the fuel tax agreement between all States Johnson, Kingston, Knuth, Laming, Lester, Lingard, after the High Court decision on excise. Littleproud, Malone, Mitchell, Nelson, Paff, Pratt, I wish to quote from one of the Prenzler, Quinn, Rowell, Santoro, Seeney, Sheldon, information bulletins sent out to fuel Simpson, Slack, Springborg, Stephan, Turner, dispensers across the State. It states— Watson. Tellers: Baumann, Hegarty "With the Commonwealth assuming NOES, 41—Attwood, Barton, Beattie, Bligh, Boyle, Braddy, Bredhauer, Clark, J. Cunningham, Edmond, responsibility for off-road users of diesel, Elder, Fenlon, Hamill, Hayward, Hollis, Kaiser, Queensland off-road diesel consumers' Lavarch, Lucas, Mackenroth, Mickel, Miller, Mulherin, licences will cease to have effect on 1 July Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, 2000. From this time, the Commonwealth Pitt, Reeves, Reynolds, Roberts, Robertson, Rose, is responsible for ensuring that off road Schwarten, Spence, Struthers, Welford, Wells, diesel users are no worse off as a result of Wilson. Tellers: Sullivan, Purcell these changes." The numbers being equal, the Chairman I repeat: "From this time, the Commonwealth cast his vote with the Noes. is responsible for ensuring that off road diesel 19 Jul 2000 Diesel Rebate Scheme 2193 users are no worse off as a result of these "Reduced expenditures: off-road changes." It goes on to state— diesel subsidies and reduced costs from "Mechanisms proposed by the the removal of embedded WST and Commonwealth include (a) a reduction in excises on purchases by a State or the diesel excise rate; (b) the provision for Territory Government." input tax credits under the Goods and That was the part of the intergovernmental Services Tax and (c) its Diesel Fuel agreement to which I was drawn. A conflict Rebate Scheme. Further information can arose because whenever a consumer, whether be obtained from the Australian Tax it be a fisherman, someone from a quarrying Office ..." or earthmoving operation or a farmer, would and then a phone number is given. go to a State Government and say, "Look, we're getting hit"—for most consumers it It was not as simple as that. The change turned out to be 2c a litre, but some had to in the position after 1 July was based on two pay over 8c a litre more up front for their fuel documents. The first one involved the Federal over a long period—the States would reply, coalition and the Democrats. In order to get "We no longer have responsibility for it, the the GST passed at a Federal level, the Feds do." But then the Feds would say, "We coalition agreed to the Democrats' demand reached an agreement with the States. If there that there be a cessation of off-road diesel fuel are any difficulties, go back and see your State rebates across all of the States, not just representative." Although the Governments Queensland. The Federal coalition agreed to were relying on the agreements that each had that. That carried through to the signed, the real losers were the consumers, intergovernmental agreement with regard to who had to find the money to pay an extra 2c the GST, which the Queensland Government a litre or an extra 8c a litre. They had to find signed. In that document the Queensland that money. Government transferred to the Commonwealth the responsibility for administering the off-road Some argued—and this was an argument diesel rebate. that I put to Dr Kemp's officer—that the State fuel rebate was in round figures 8.3c. Come 1 At the outset, I thank the Minister, July, the eligibility for that 8.3c was removed because I received some good factual for off-road diesel users. It went to the Feds. information from his office. I received some An amount of 6.3c was set down as the figure information also from a spokesman from Dr in recognition of the GST. This amount Kemp's office. It was only through putting the combined with the 1.7c a litre that was two pieces of information together that I supposed to come from the fuel companies reached a point at which I could understand adds up to approximately 8c. some of the difficulties that off-road diesel The companies jacked up and said, "We users have not only in my electorate but can't find those savings, so you can't have across the State. that." Some off-road diesel fuel users said, I was advised that when the Labor "We should get the GST recognition and we Government in Queensland signed the should also get the Queensland State agreement returning the responsibility for the surcharge because Queensland does not off-road diesel fuel excise to the have a fuel tax." When I put that to the Commonwealth, the State did not realise that Federal officer, he said, "You could argue that, there would be a gap of 8.3c; that is, the State but the Federal Government's undertaking to signatories to that agreement thought that the the consumer was that you won't pay any Commonwealth would keep that subsidy more for fuel." The fact is that they are paying going. With respect to the Commonwealth more for fuel. Some fishermen have said to taking back the full amount, the Queensland me that they have to find an extra $3,000 to signatories to the agreement did not realise $5,000 when they actually load up. One that it would not be returning the subsidy to all fishermen who has a large boat said that it of the consumers. If that is the case, it is was about $15,000 per bill. That is a lot of disappointing. An agreement such as this one money to find even if they only have to find it is complex. But, irrespective of which side is in in the short term and claim it back as a Government, something as important as this business input later on. issue is to the consumers of Queensland must There is another issue that needs to be not only be understood but also spelt out in clarified. The purpose of my motion is to try to writing. get some interface between State and Federal I received a copy of a couple of pages of Governments to try to clarify this issue. The the intergovernmental agreement. It states— other complication arises when a primary 2194 Diesel Rebate Scheme 19 Jul 2000 industry person purchases 1,000 litres of fuel. per litre more than on-road users for their He might come in with a trailer with one of diesel fuel. The civil construction industry builds those 1,000 litre tankers on it. They are not and maintains Australia's infrastructure: roads, huge. Over a period he will use some for his rail, harbours, airports, water, sewerage, gas, off-road vehicles and some for his on-road power, telecommunications hardware and vehicles. The person at the petrol pump is water storage systems. As I am sure all being told, "You must ask the purchaser, 'Are members would agree, these are all very you using this for off-road or on-road?'" If they worthwhile and necessary endeavours to say it is 50-50, they have to charge half of it maintain and improve our standard of living. without a rebate and half of it with a rebate. Why then, I ask, are these hardworking people Most outlets say to me that they are not who contribute so much to our way of life geared to make that differentiation; their being squeezed in the nutcracker grip of the computers are not geared for it. Intergovernmental Agreement? So the simple administration of this off- For some reason this Government has road diesel fuel rebate, which I acknowledge agreed to remove Queensland's off-road has been transferred to the Federal diesel consumer scheme in favour of the Government, is making policemen out of fuel Commonwealth assuming responsibility—and I outlets. They do not have the capacity to do it use those words loosely—for the users of off- and they do not have the authority to do it. I road diesel from 1 July 2000. The am asking the Treasurer to go back to the Government's Office of State Revenue stated Federal Government and reorganise the in its information bulletin, "From this time the administration of this rebate so that people are Commonwealth is responsible for ensuring that not left out of pocket and so that the off-road diesel users are no worse off as a complexity of the whole situation is simplified. result of these changes." They are nice words. It is making honest people appear to be They are even reassuring words, except for the dishonest. For some people, rather than being fact that they come from a Government spin up front and saying, "I am going to use a third doctor intent on shifting blame to anywhere of it on-farm, a third of it off-farm and the other but where it belongs. third I will be using on an exempt activity", they I am sure the Premier would love to be might go up and just say, "Fill her up." So the able to count the cranes on Brisbane's skyline Government is putting honest people in a and find the numbers similar to those that position in which they may be breaking the law existed in Joh's era. I tend to agree with him either advertently or inadvertently. that they are a good indicator of growth and I would be the last person to say that this development. Even if this Government was is a simple situation. However, I do say to the providing an environment conducive to Treasurer that it has to be revisited; there has economic development, this attack on the to be more discussion between the State and construction and extractive industries would Federal Governments so that, in accordance impose a real braking effect. It is all very well to with the promise given by both the State listen to the inane rantings of the Democrats, Government and particularly the Federal who have found a new and unrealistic Government, the cost of fuel to the consumer environmental conscience, but without these post 1 July is no higher than it was prior to 1 industries, there would be no roads, there July. The consumers did not generate the would be no highways and there would be no problem; it arose because of the agreement concrete, which is an integral part of virtually all between the State and Federal Governments, forms of construction from homes to and that is where it has to be corrected. skyscrapers. The extractive and construction industries play a vital role in providing the jobs, Mr FELDMAN (Caboolture—CCAQ) jobs, jobs that Mr Beattie is floundering about (6.05 p.m.): It is with pleasure that I rise to looking for and unable to find. second the motion moved by the honourable In my electorate I actually have two very member for Gladstone that this House calls on well performing extractive industries: Bracalba the Federal Government to review the diesel Quarries, headed by Ernie Alzino, and also fuel rebate scheme in Queensland for off-road Southern Pacific Sands down at Bestman diesel users to ensure their fuel input costs do Road at Ningi, headed by Ian Harrison. Both of not rise in spite of the Intergovernmental them rang me very distraught when this Agreement. I thank the member for Gladstone change occurred. Both businesses wind up for the opportunity to participate in this debate. losing because they have no on-road In this State we now have the highly component to balance what they lose from the inequitable situation in which some categories off-road component. They lose, and they lose of off-road diesel users are paying up to 10c big time. They lose somewhere in the vicinity 19 Jul 2000 Diesel Rebate Scheme 2195 of 2c a litre. That might not seem like much, Government's tax changes. It is also important but both these industries use something in the that we understand the nature of this issue. vicinity of one million litres of diesel fuel a year. Indeed, before his tax changes came into So these industries are going to wind up losing place I wrote to the Federal Treasurer about in the vicinity of $55,000 to $85,000 a year. this matter expressing my concern about the That is jobs lost from my electorate that will not very people whom the members for Gladstone be able to be regained. That is jobs lost for the and Caboolture mentioned in their people up there. It is just not good enough to contributions. I refer to civil contractors, who say, "That is tough." are suffering severely as a result of this These industries provide vital change to the off-road diesel rebate. The other employment. There are 50 people employed group that is being severely disadvantaged is at Alzino's quarry and 10 subcontractors, each local government with respect to its off-road supporting some two or three transport operations. I also raised the issue in respect of companies as well as all the flow-on industries. marine operators in the tourist industry, that is, I just cannot see what this Government would charter boat operators. In fact, when I was in gain out of doing what it has done to extractive Cairns recently for a Community Cabinet industries. These punitive measures against meeting I met with a number of charter boat selected industries mean more and more operators from Cairns who were most unemployment. Surely it is time that this distressed to find that their business costs Government woke up to what everybody in the were escalating because they were not real world already knows, that is, that it is 10 included under the Federal Government's off- times easier to keep an existing job than to set road diesel rebate scheme, yet they had been about creating new ones on the wasteland of beneficiaries under the scheme operated by broken industries. That is exactly what will the Queensland Government. happen. As was stated by the member for I also have letters here from Park Forge Gladstone, the issue of off-road diesel was about the diesel rebate scheme. It is an required to be mentioned explicitly by the environmental landscape and engineering Commonwealth in the Intergovernmental contractor in Wamuran, again in my electorate. Agreement. However, it was mentioned in That is another industry that is suffering and terms of the determination of the funds which will not be able to write off on-road against off- would come back to the State as a result of road. It is suffering because the gain will turn the Commonwealth's tax arrangements. The into a loss. amount of funds which the Commonwealth had been collecting through additional excise Time expired. and which it was rebating to the States was Hon. D. J. HAMILL (Ipswich—ALP) being reduced in the Intergovernmental (Treasurer) (6.10 p.m.): I am pleased to join Agreement by the amount of money which this debate. In so doing, I move the following would flow to off-road diesel. That sum of amendment— money for this year was $175m. The "Delete all words after 'calls' and Commonwealth took $175m from this State insert the following— which had previously been distributed to off- road diesel users, whether they be primary 'on the Federal Coalition Government to producers, miners, local governments, civil review their off-road diesel rebate scheme contractors, marine operators, or whatever. in Queensland for off-road diesel users to The absolute disgrace in all of this is that ensure their fuel input costs do not rise as the Commonwealth has the money, but it is a consequence of the Federal Coalition being lousy in not including all of those groups Government's tax changes.'." within its own off-road diesel rebate scheme. It I do not take any objection to the is absolutely criminal that the Commonwealth sentiments being expressed by the is daring to pocket the difference. There are honourable members for Gladstone and many groups of people in this State who Caboolture in relation to this matter. However, previously received a benefit but who are now it is important to understand where the being denied a benefit. The Commonwealth responsibility now lies with respect to off-road has the money. That is why I wrote to Federal diesel. Consequently, the amendment I have Treasurer Costello on behalf of these moved asks the Federal coalition Government groups—to demand a fair go for them. There to review its off-road diesel rebate scheme in is no way that we can step into the breach Queensland to ensure that the fuel input costs after the Commonwealth has taken the money of off-road diesel users do not rise as a off us and try to run a parallel scheme with the consequence of the Federal coalition Commonwealth. It just does not make sense. 2196 Diesel Rebate Scheme 19 Jul 2000

Members can imagine the administrative diesel fuel rebate scheme to rail but not to nightmare that that would entail. other industries such as civil construction. After all, is this a Commonwealth covered Consequently, significant categories of off-road bit of diesel or is this a State covered bit of users of diesel fuel do not have access to the diesel? The answer is that all of the benefit of the former Queensland scheme and responsibility for the off-road diesel rebate are not eligible for the Federal scheme. In resides with the Commonwealth. The other words, the Federal Government has Commonwealth demanded that. The failed to live up to its part of the bargain. It said Commonwealth has taken the money. Surely that there would be a reduction in the cost of the obligation is on the Commonwealth to off-road diesel; in fact, for the civil construction honour its commitment to these small industry, there is not. business operators, the civil contractors and The Federal Government's reduction of the local governments. If the Commonwealth fuel excises of 6.7c per litre is based on the welshes on this, then the cost structure to the assumption that the oil companies will also community will increase. Civil contractors are pass on industry savings of 1.5c per litre. the people who undertake construction work These industry savings were estimated by on our roads and railway lines. This will create modelling undertaken for the Federal an additional cost to be borne by the Government and are considered unrealistic by community for much-needed infrastructure. the oil companies. Consequently, increases in There is a clear moral responsibility on the fuel costs will eventuate if these industry Commonwealth to act in this regard. I am savings are not realised. The Federal pleased to note that the Commonwealth has Government has not lived up to its end of the recognised some responsibility in relation to bargain. There are no savings for industries some marine users, but it needs to cover the such as civil construction and, in all likelihood, whole area. Nothing less is acceptable to the their costs will increase. It will also mean tighter Government of Queensland. margins in the construction industry, which is already very competitive, or, more likely, higher Hon. S. D. BREDHAUER (Cook—ALP) construction costs. (Minister for Transport and Minister for Main Roads) (6.15 p.m.): I second the amendment As the Treasurer has already indicated, moved by the Treasurer. As part of the Federal when we take into account the fact that the Government's tax reform package in the civil construction industry and local government Intergovernmental Agreement with the States, are the major builders of infrastructure in the Federal Government undertook to provide south-east Queensland and throughout this an off-road diesel rebate scheme which would State in the form of roads, rail, transport reduce the cost of diesel fuel for off-road infrastructure and a host of other areas, we users. As the Treasurer said, the Howard realise that not only will the civil construction Government took back $175m of funds industry, local governments and other people previously provided to Queensland to provide who have been ripped off by the Federal a subsidy for off-road diesel users. Government be the losers, but every taxpayer Queensland taxpayers are now entitled to ask: in Queensland will be the loser with less value where is the $175m going? Until 30 June 2000 per dollar from the State Government for the Queensland Government's Fuel Subsidy transport, rail and road construction initiatives. Scheme provided a rebate to fuel wholesalers This is one issue for which the Federal and distributors of 8.354c per litre for diesel Government should be held accountable. fuel, including all off-road use. These cost There is confusion about the scheme, savings flowed to all industries, such as the even from the coalition ranks of the Federal civil construction industry, and local Government. There were claims by farmers government agencies. that they would be slugged an extra 1.8c per Prior to 1 July 2000 the Federal litre on diesel fuel arising from the Federal Government had in place a diesel fuel rebate Government's off-road diesel fuel policy. scheme which provided a rebate for part of the Federal Trade Minister Mark Vaile said on ABC customs and excise duty paid on diesel fuel rural news on 7 July that he did not believe consumed in certain eligible off-road uses. that slug would occur "straight off". He went on These eligible activities included electricity to say— generation for agriculture, mining, fishing, "... you know, the NFF has come up with nursing homes, aged persons homes and the advice and said this is what's going to hospitals, and some private residences. The happen to some people. We want the scheme adopted on 1 July 2000 by the people within the department, within Federal Government extended the former Treasury, to have a look at that to see if 19 Jul 2000 Diesel Rebate Scheme 2197

that's justifiable because there's the price activities of the oil companies, should conflicting views on it." be revenue neutral. There are no conflicting views; it is a fact. Mark For private on-road activities in smaller Vaile is just going to have to deal with the vehicles, primary producers should ultimately reality that the Federal Government is ripping see significant benefits from the new off Queensland taxpayers and is seriously arrangements. The State based rebate of affecting the civil construction industry, local 8.354c per litre will continue to apply, but GST government and a host of small will be payable. They should be paying prices businesspeople. at or near what they were before 1 July, again dependent upon the behaviour of the oil In response to Mr Vaile's claims, the companies. National Farmers Federation has estimated an impost on agricultural industries of $25m. For on-road use of vehicles heavier than However, other national estimates have put 4.5 tonnes there will be clear new benefits for the cost of the rip-off as high as $60m. primary producers. They will be able to access Confusion and uncertainty surround the the 17c per litre rebate that, along with the Federal Government's scheme, and that 6.656c per litre cut in the overall excise rate— confusion and uncertainty is exacerbated from 44.137c per litre to 37.481c per litre—the whenever it turns its attention to diesel fuel. maintenance of the State based rebate and The Government has also created a farce in reimbursement of the GST, should create developing the diesel and alternative fuel quite a significant advantage overall for the grants scheme. I have previously raised in this primary producers. Miners, the transport sector House the uncertainty created by the diesel and maritime users will be in the same and alternative fuel grants scheme for public position. The one complication here is that off- transport and the transport industry. The road users of diesel eligible for the diesel fuel anomalous situation of the same bus journey rebate will have the cash flow issue of meeting attracting different rebates depending on the the GST cost up front. Once they are over that ultimate origin or destination of the bus service hurdle there will hopefully be plain sailing. has led to a pricing headache for nearly all of The group I personally feel sorry for under south-east Queensland's bus operators. The the new arrangements is the civil contractors, reality is: the Federal Government has stuffed who have been referred to by other speakers. it up and it is its responsibility to fix it up. While this area of industry did not have access to the diesel fuel rebate scheme prior to the Hon. R. E. BORBIDGE (Surfers Commonwealth's new tax package, there was Paradise—NPA) (Leader of the Opposition) an effort by the Commonwealth to extend the (6.20 p.m.): The Opposition supports the rebate to all off-road diesel users, including motion moved by the member for Gladstone that industry, as part of the original package. to the extent that there should be, at the very This particular decision was rejected by the least, no net cost and, hopefully, net benefits Democrats in their niggling over agreement to for all off-road users of diesel as a result of the the overall package. Obviously, the Democrats recent changes to the diesel fuel rebate would not have been able to carry this typical scheme. bit of fairies-at-the-bottom-of-the-garden The key issue for primary producers is that politics through but for the at least tacit there has to be action from the backing of the Australian Labor Party. Commonwealth to end the 1.787c per litre The coalition certainly backs the extension differential between the level of excise and the of the diesel fuel rebate scheme to the civil level of rebate. The promise for a 100% rebate contracting industry as a simple matter of was unequivocal, and we support industry justice, let alone commonsense, and we are groups in calling on the Commonwealth to actively pushing that issue in Canberra. The remedy that situation and backdate the simple reality is that the coalition in Canberra remedy to 1 July. cannot deliver for the civil contracting industry I know from my personal discussions with as long as the Labor Party takes the stance it him that John Anderson is seeking a resolution does in the Senate, where it is often happy to of this issue. I understand that there is a accommodate the stupid politics of the general recognition by the Commonwealth that Democrats. the promise of a 100% rebate simply has to be The Opposition certainly backs the core met. With a 100% rebate in place and a 100% sentiment of this motion, but I think, with rebate on GST costs assured for off-road respect to the honourable member for diesel use by primary producers, the outcome Gladstone, the best way the State can of the new scheme for them, dependent on guarantee there will be no pain, even in the 2198 Diesel Rebate Scheme 19 Jul 2000 short term, for off-road diesel users caused by The Federal Government assured people the gap between excise and rebate is for us to back in 1998 that no road users and no off- join together in calling on Canberra to meet its road users would be worse off. In fact, page obligation to a 100% rebate—in calling on the 86 of its original August 1998 documentation Senate, particularly the Democrats in the outlining the scheme states— Senate, to allow this to happen. The other "Under the GST, registered option for the State is to ensure that any businesses will pay less for petrol and complaints it receives from users of off-road diesel because they will be able to claim diesel concerning inordinate price rises get to an input tax credit for the GST payable on the right authorities rapidly and join together in fuel used for business purposes. calling on the Senate to come to its senses Businesses will save about 7 cents per and give civil contractors a share of the litre relative to what they pay now." benefits of the scheme, which was the original intention of the Commonwealth Government. We now know that that is absolute nonsense. Like others who have spoken in this Mr KAISER (Woodridge—ALP) debate, I feel sorry for the off-road diesel (6.25 p.m.): I rise to support the amendment users, particularly civil contractors who, given moved by the Treasurer. I do so because the those assurances by the Federal Liberals and Treasurer's amendment sees that the blame Nationals, entered into contracts on the for this is laid squarely where it deserves to be assumption that their costs would remain the laid, that is, at the feet of the Federal same, or indeed even be less. They entered Government. into fixed price contracts and are now having I will first address something which the to pay thousands upon thousands of dollars Leader of the Opposition spoke of. Despite the more every month for their diesel. The blame minor technicality that Labor federally is in needs to be laid squarely at the feet of the Opposition, not in Government, the Opposition Commonwealth Government because of its Leader tried to assert that Labor is to blame dirty Democrats diesel deal done dirt cheap. for this. Let us be very clear about it. The I have in my possession a letter from the reason the civil contractors, marine operators civil contractors to the Treasurer dated 14 July, and others are in this mess is that the coalition only a few days ago. In this letter they clearly did a deal with the Democrats. Irrespective of lay the blame at the feet of the Federal Labor's position federally, the Liberals and Government. In fact, the letter states— Nationals did a deal with the Democrats which "... the Federal government does not they are now presumably bound by. It was a appear to perceive the cost to industry dirty Democrats diesel deal done dirt cheap by and the State's infrastructure the Liberals and Nationals, and they are now development, their decision has made." stuck with it. That dirty Democrats diesel deal The contractors make the point about the done dirt cheap will help do the Democrats in contracts they have entered into. There is a at the next Federal election, as will the rest of cost to them of, in some cases, up to $5,000 their compliance and complicity with the per month because of fixed price contracts Federal Government in the introduction of the that they say were entered into in good faith GST, which obviously affects everyone in this because the Federal Government assured country. industry fuel costs would not increase. The Treasurer's amendment lays the The Democrats did this deal supposedly blame squarely at the feet of those who on the basis of some environmental concern. deserve it. The member for Caboolture What nonsense! This arrangement will not seemed to suggest that the State Government lower the amount of diesel used because of was somehow partially responsible for this the inelasticity of diesel consumption. Civil mess. Let us be very clear. As a result of a contractors with a contract to build a road on High Court decision, the Commonwealth, not behalf of a local authority have to go out and the State Government, now collects this tax. It build it. They have to go out and use the is its prerogative, if it chooses to—and it has diesel, irrespective of the cost. All this has chosen to—to withhold $175m of it. It did not done is ratchet up the costs of these require any parallel legislation from the State businesses. It will not decrease diesel usage. Government. It did not require our agreement. This is one of the reasons we always talk Because the Federal Government collects the about the disproportionate impact of the GST money, if it chooses not to hand over $175m arrangements on a State such as of it, then that is its prerogative. That is what it Queensland. It is because of our reliance on has done. It has done it on the basis that it the tourism industry, which in part relies on off- can take over the diesel rebate scheme. road diesel, and because of our reliance on 19 Jul 2000 Diesel Rebate Scheme 2199 construction, which in part relies on off-road the process will start again, unless the scheme diesel. These are the reasons we believe the is changed. GST will disproportionately impact on As the Opposition Leader has said, the Queensland. coalition in Canberra is very well aware of the Mr ROWELL (Hinchinbrook—NPA) issues raised by the NFF and is looking at how (6.30 p.m.): In rising to join this debate, I it should respond. One issue that is under support the motion moved by the member for consideration is whether the simple backdating Gladstone. I think it is very important that we mechanism that is being sought necessarily is acknowledge what she is trying to achieve. the best way to deal with the issue. The fact is As the Opposition Leader has said, we that more than 70% of farmers make only one support the need for the level of rebate to be claim for their diesel rebate each year, and the at the promised level of 100% for all those rebate that applies is the rebate at the time of eligible for the diesel fuel rebate and for that the claim, not at the time of the purchase of promise to be backdated to 1 July. That will the fuel. In other words, the only farmers who remove the problem that is being experienced will feel the full brunt of the 1.787c per litre under the new arrangements, apart from the differential are those who claim their rebate in cash-flow issue, for off-road users of diesel July for fuel they purchased in July. If they can eligible for the diesel fuel rebate scheme and and do wait, they should get much closer to should mean that they will then be paying no the 100% rebate. The differential that existed more for off-road diesel under the new in the final weeks leading up to 1 July was, for arrangements than they were before the example, 0.177c. But it is a problem. The scheme came into place. Commonwealth knows that, and it is working on it. Further encouragement from this House The problem has emerged for the to keep working on it— Commonwealth on this point because the literature associated with the new Time expired. arrangements promised a 100% rebate on Ms BOYLE (Cairns—ALP) (6.35 p.m.): I excise. In reality, that has been the promise for rise to support the Treasurer's amendment to as long as the scheme has been in this motion, and I am pleased to join with all place—which is now 13 years—but the rebate the honourable members of this House who has in fact rarely been at the full 100%. It has have expressed concern about the off-road nearly always been shy to some extent. For diesel fuel scheme arrangements. The example, even in the weeks leading up to 1 Commonwealth, with the introduction of its July, the rebate was just short of 100%. The GST, resumed responsibility for subsidising off- primary producer rebate was 43.96c per litre. road diesel users, which had been provided The level of excise was 44.137c per litre. That until now by the State Government. That is its represented a 99% rebate, not a 100% rebate. option and there is nothing improper about In the first month of the new scheme that that. However, it is the manner in which it is difference has ballooned out to 1.787c per choosing to go about doing that that this litre—about a 95% rebate. The difference is House must call into question. the difference between the new excise level of The Howard Government took back the 37.481c per litre and the initial rebate level for State funds used to provide this subsidy—this July, which has been set at 35.696c per litre. year, as our Treasurer has said, $175m—and This discrepancy has occurred because the the Howard Government is now, therefore, rebates are set on a six-month rolling basis. responsible for ensuring off-road diesel users Quite often people involved in primary industry are no worse off. But already we are well into in particular do not always access those July and that is in fact not the situation. rebates at that particular time. The periods are Clearly, the Federal Government had not quite lengthy at times and, of course, there thought through the impacts of its taking over could be some advantage. of the administration, had not thought through The rebate level will slowly catch up with the impacts that there could be on businesses, the excise level by January through monthly particularly civil contractors and marine increments, so that the August rate has operators, but also on local governments. already been struck at 36.066c per litre, and Certainly there are those of us in the far north for September it will be 36.349c per litre. By who have to say again about that central January it will be at 100%, and in those Government in Canberra: what little knowledge intervening months the 1.787c per litre of it has of the real world out there, of the excise that some will be paying will steadily broader Australia, of the rural and remote shrink. But then, in February, there will be areas and of the life of a small-business another CPI movement in the excise level, and person. 2200 Diesel Rebate Scheme 19 Jul 2000

So far as the civil contractors and local I am pleased to have heard that, in this governments are concerned, think of those, for last week, the Taxation Office has clarified that example, spread up around the Cairns area in fact eligibility will be given to hire or charter and then up into the cape and the gulf vessels operated by a tourism business for territory. They undertake essential works in a fishing or other recreational activities. The highly competitive business, and yet they do it sooner the process is clarified, the better. with very small budgets and very small However, I am sorry to inform the House that differentials. The councils have a small number presently it is its determination that not eligible of people and a small number of businesses for rebate will be planning, development or and properties on which to rely for their rates, construction of waterways, ports, docks, freight their fees and their charges, and yet the kind terminals, marinas or similar facilities or of civil works that they are expected to infrastructure. Civil contract construction in the undertake in often quite large electorates are port areas—not eligible. tremendous. For them not to have the option I congratulate this House and all of the off-road diesel fuel scheme would be members on speaking up this evening. I join bad enough. But even if it were to be clarified with them, and I hope we will keep the that they were to have the appropriate pressure on the Federal Government to do rebates, to have to carry the costs until they what is its responsible duty. can be rebated at some later time is beyond the capacity of many. Mr KNUTH (Burdekin—CCAQ) (6.40 p.m.): I rise tonight to thank the member for Consider with me if you might the marine Gladstone for raising an issue which has operators in the far north of Queensland. I significant implications for my primarily rural know just from the port of Cairns that electorate of Burdekin. I speak, of course, of approximately 3,000 people per day board the diesel fuel rebate scheme and its quite boats for tourism purposes—to visit the reef, to apparent shortcomings. go diving, to go on charter fishing trips—and some of these are, of course, large One environmental contractor in my companies, world-famous companies; some electorate finds that his business does not fall are quite small local operators who are fighting into any of the categories of the Federal to make ends meet and to establish Government's new diesel fuel rebate structure. themselves in this very competitive market. That contractor operates two diesel powered mulching machines contracted to convert It is probably so that many members of green waste from the Townsville City Council this House would realise—and therefore also dump into mulch for use in a wide variety of the Federal House of Representatives and council projects. Members would think that our Senate would realise—that for major tourism State and Federal Governments, which claim businesses marketing internationally, such as to be concerned with the environment, would many of our reef fleet operators, their prices lend a helping hand to those very have to be set at least 18 months in advance businesses—businesses slashing this State's to be advertised around the world. Then those quantity of landfill material by converting a prices are set. They cannot have the tourists waste product into useful material. But no, we arrive in Cairns and say, "Well, look, a little mix- find that these operations have been left in the up with our Federal Government. We have to cold in the Federal Government's revamp of change the advertised rates." Not at all. So the diesel fuel rebate scheme and its that where they are carrying costs that were intergovernmental agreement with not there before, or where they are carrying Queensland. even the uncertainty of not getting back that full rebate, their businesses are seriously at Furthermore, with this Government's risk. For small operators, whose cash flow is so scrapping of its 8.3c a litre rebate scheme for dependent week by week, to carry this off-road diesel users, thereby falls one more uncertainty is beyond reason. avenue to achieve financial equity with such Really, of course, in the end the firms. If this Government decides its off-road businesses would have to one way or another subsidy has gone once and for all, then it must pass on the costs to us. Well, to whom would lobby its Federal peers hard and strong for a the costs be passed on to exactly? They are fair deal for all environmental contractors in a tourism businesses, and so, in the end, the similar position. costs would be passed on to the tourists. As If this Government is truly committed to its wonderful as the Great Barrier Reef may be, moniker of jobs, jobs, jobs, then it should listen the competition that we have from other hard to the figures I am about to present. The wonderful ecological sites around the world mulching machines of the contractor to which I would put these businesses out of business. have referred use 600 litres of fuel a day. To 19 Jul 2000 Diesel Rebate Scheme 2201 my disgust, these machines do not fall under In the interests of the environment and of any of the new rebate or subsidy schemes at jobs overall, all I am asking for is a fair go for the Federal level or any categories for the 8.3c this contractor and others throughout the State a litre excise offered at the State level. Simple who find themselves in a similar bind. Mulching mathematics, colleagues: 8.3c a litre machines are used off road but have been assistance from this Government for 600 litres overlooked in the drafting of the off-road a day over six working days a week comes to rebate scheme. The crazy thing is that the about $300. That is not far off creating another Federal Government now offers a 35.3c a litre job in this one environmental contracting firm rebate to diesel users in industries such as alone. mines and forestry which, at times, appear to The recent dramatic rise in petrol prices is be far from environmental champions, but the yet another reason we must work for a better same Government offers no assistance to deal for our environmental contractors. If we environmental contractors. fail to do this, we run the serious risk of On this point, I fully support the motion of pushing the viability of such worthwhile the member for Gladstone seeking that the operations to the point of no return, forcing Government review the diesel rebate scheme them to shut up shop and allow the amount of in Queensland for off-road users. I would landfill matter in our dumps to spiral. dearly like to see the Government reintroduce assistance for environmental contractors in the When the contractor in my electorate was form of a subsidy, especially if the Federal awarded its last Townsville City Council Government— contract, its costings were prepared in April 1999 when diesel was 62.9c a litre. With Time expired. renewal of the contract now due, council has Mr PURCELL (Bulimba—ALP) been confronted with a far higher mulching (6.45 p.m.): I rise to support the Treasurer's quote thanks to a diesel fuel price in the amendment on this matter and also to support vicinity of 88c a litre. That is a 40% increase in Queensland industry groups who have raised fuel costs in just 15 months. Unless something concerns about the Commonwealth's off-road is done, this does not bode well for the future diesel rebate scheme. I will probably reiterate renewal of our natural resources. It is also some of what my colleagues have said on this interesting to note that the contractor I have side of the House. I think we cannot say it too quoted was the major supplier of soil to the often and we will say it over and over and over Townsville Strand redevelopment project. again until Howard gets the message. To give the House an idea of the The Queensland Government has been invaluable environmental work being done by forced to hand over $175m of the $500m fuel this firm, let me give some details of its subsidy scheme which was paid back to fuel involvement in The Strand project. The users here in Queensland in the last financial contractor has delivered 7,740 cubic metres of year. From 1 July, the Federal Government is compost comprising 3,500 cubic metres of going to take over the responsibility for the off- coarse mulch. This material was the product of road fuel diesel rebate. We find that many off- road users will not be protected under the 14,000 cubic metres of green waste deposited Queensland scheme and will not qualify under at the Townsville recycling works. Over half a the Commonwealth scheme. Where do these million litres of grease trap waste went into the people fall? Most of these people fall into the 2,400 cubic metres of compost used in the areas of civil contracting, construction and project. The end product had an organic earthmoving, charter boat operating and, as content of 35%, which exceeded the very strict my colleague at the back of the Chamber specifications set for the project. says, in the environmental industry with From 1 July 1999 to 30 June 2000, the mulching machines and so forth. I am sure we contractor processed 189,592 cubic metres of will find a lot of other industries and machines raw green waste at the Vantassel Street and and operators will also fall outside this scheme. Picnic Bay waste facilities in the Townsville One of the reasons we know that the region. This processing produced 47,398 cubic $175m is going into Howard's pocket—he is metres of compost for the betterment of the very reluctant to part with it—is that he would community. Given these figures, I do not think not answer the question: is the Federal that anybody could argue that such Government's take in regard to fuel subsidies environmental contractors are not an asset to after the GST comes into effect going to rise? the community and would be sorely missed if He was asked that question in Parliament in they were to disappear from Queensland's question time, he was asked it by the media business landscape. and was by as many people as possible over a 2202 Freedom of Information Amendment Bill 19 Jul 2000 period of a week and he would not answer the those industries. In this year's Budget, this question. We can really draw the conclusion Government has allocated a record amount of from that that Howard knows that the Federal money for capital works. That will be impacted Government's take in regard to fuel after the upon by the Federal Government's decision on GST comes into effect is going to increase. diesel, along with the impact of its GST. One of the reasons it is going to increase I will finish by saying that one group of is that the scheme in Queensland that people will be affected badly—and the previously applied to diesel operators and members opposite should realise this—and people who operated here has been that is the farmers. A farmer buys bulk fuel that discontinued. Some industry representatives is stored on his farm. A certain amount is for are very concerned and have said the on-site use and a certain amount is for off-site Commonwealth's failure to provide this rebate use, so he is going to have to keep his records will cost individual contractors more than very scrupulously. It is going to be a real pain $150,000 per year and the industry more than in the butt for farmers to try to claim their $100m a year. rebate from the Federal Government. One area of industry that cannot afford to Question—That the amendment be lose money like that is local government. agreed to—put; and the House divided— Some of my colleagues and I have spent AYES, 40—Attwood, Barton, Beattie, Bligh, Boyle, some period going around and talking to local Braddy, Bredhauer, Clark, J. Cunningham, Edmond, governments about their road programs and Elder, Fenlon, Fouras, Hamill, Hayward, Kaiser, how they have implemented the competition Lavarch, Lucas, Mackenroth, Mickel, Miller, Mulherin, policy as required by the Federal Government. Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pitt, With help from Main Roads we have found Reeves, Reynolds, Roberts, Robertson, Rose, that they have been able to compete very Schwarten, Spence, Struthers, Welford, Wells, Wilson. Tellers: Sullivan, Purcell satisfactorily. In fact, all the councils, except one that refused to enter the scheme and NOES, 40—Beanland, Black, Borbidge, Connor, continue to do roadworks—it got out of it E. Cunningham, Dalgleish, Davidson, Elliott, Feldman, altogether—were very pleased with what the Gamin, Goss, Healy, Hobbs, Horan, Kingston, Knuth, Laming, Lester, Lingard, Littleproud, Malone, Queensland Government had been doing. Mitchell, Nelson, Paff, Pratt, Prenzler, Quinn, Rowell, They were looking after more roads, doing Santoro, Seeney, Sheldon, Simpson, Slack, more maintenance and employing more Springborg, Stephan, Turner, Watson, Wellington. people. They were doing it smarter. Those Tellers: Baumann, Hegarty types of uptakes that local government have The numbers being equal, Mr Speaker received from the competition that they have cast his vote with the Ayes. been forced into and the assistance from the Queensland Government will all be lost. They Resolved in the affirmative. will now maintain fewer roads because their Motion, as amended, agreed to. diesel and their inputs will cost more. They will Sitting suspended from 6.56 p.m. to do less maintenance on those roads. That will 8.30 p.m. result in fewer jobs, because if they cannot build the roads and they cannot perform the maintenance that is required under the DEFAMATION (MATTERS OF PUBLIC competition policy laid down by the Federal INTEREST) AMENDMENT BILL Government, they are going to have to put off Withdrawal people because they will not obtain the contracts. On the Order of the Day being One of the other industries that is going to discharged, the Bill was withdrawn. be heavily impacted upon is the construction industry. Currently, the construction industry is FREEDOM OF INFORMATION AMENDMENT under a lot of pressure because of the GST. BILL This move will put further pressure on that Second Reading industry. Every concrete pump, every crane, every machine that works on site, every Resumed from 31 May (see p. 1500). bulldozer and every grader that uses diesel will Mr FELDMAN (Caboolture—CCAQ) not get any rebate from the Federal (8.31 p.m.): It is a pleasure to speak again on Government. They are off-road vehicles and at the Freedom of Information Bill 1999. Since this stage they will not get one shilling. That will we have not had occasion to speak to this Bill put up the cost of construction. Fewer since 31 May 2000, it would be worth buildings will be constructed, fewer roads will highlighting some of the points from where we be built and fewer people will be employed in left off last time. I note that the principal 19 Jul 2000 Freedom of Information Amendment Bill 2203 objectives of this Bill are to ensure that Mr SPRINGBORG (Warwick—NPA) ministerial expense documents do not attract (Deputy Leader of the Opposition) (8.35 p.m.): the Cabinet exemption from the FOI access, I am thankful for the opportunity to participate and also to ensure that the Cabinet exemption in this debate on a private member's Bill from the FOI access applies only for proper introduced into the Legislative Assembly by Cabinet purposes and not for the improper the Leader of the Opposition, the Honourable purpose of merely evading FOI access. Rob Borbidge. This legislation deserves the It is again worth noting that this Bill was bipartisan support of all honourable members. introduced by the current Premier when he This legislation did not have its genesis only in was the Leader of the Opposition. Good things the office of the current Leader of the are worth speaking of again. It was interesting Opposition; clearly, this legislation had its to note the opening comments in the genesis in the office also of the former Leader Premier's second-reading speech made while of the Opposition, Peter Beattie, who is now he was in Opposition. He stated— Premier of Queensland. Therefore, it deserves "Labor will not wait until it is returned the bipartisan support of all honourable to power in order to start restoring some members. It does so for a number of reasons. honesty and accountability to Principally, this legislation seeks to Government in Queensland. We are achieve a number of noble goals. A couple of acting now with the Freedom of months ago when we debated this legislation Information Amendment Bill to ensure and earlier tonight, the honourable member for that the National/Liberal State coalition Caboolture indicated what it seeks to achieve. Government cannot continue to hide It seeks to achieve objectives such as ministerial expenses from public scrutiny." restricting the ability of the Executive It was with a wry smile that the then Leader of Government to hide certain matters behind the the Opposition introduced that Bill in the 49th veil of Cabinet confidentiality—issues that Parliament. I see he still has that smile on his might be embarrassing to the Government, for face. It was introduced so that Government example, ministerial expenses. could not hide behind the Cabinet process Mr Nuttall: Never did that. under the Westminster system to deter people Mr SPRINGBORG: I note that the from making inquiries that should be made honourable member for Sandgate is with respect to good governance. When the interjecting from the wrong seat, but I am very coalition introduced this Bill, I am sure that its pleased to take his interjection. Interestingly, intent was exactly the same as the intent the violet has wilted. He himself was espousing behind the original Bill, which was to bring back those very noble goals when he sat in some honesty and accountability to Opposition only about two years ago. It is not Government. only the rose on his lapel that is wilting; he also During the previous debate on this Bill, I wilts when it comes to the issue of freedom of touched on some matters relating to Heiner information. Amazingly, he has had the sniff of and Governments using that Cabinet process ministerial leather that is just down the hallway. to hide and inevitably destroy documents that That has put a totally different perspective on should see the light of day and come under his view of the world. public scrutiny. It is the function of the Mr Borbidge: During Net Bet he got close Parliament to ensure that proper freedom of to the big room, too. information legislation is in place so that Governments cannot hide from their Mr SPRINGBORG: Yes, he got close to responsibilities to bring these matters out into the big room during Net Bet. But the Leader of the light so that the public can have their the Opposition would agree with me when I concerns addressed and see every piece of say that there will always be another evidence that they have a right and an opportunity. Interestingly, Government entitlement to see. In the Heiner case, such a members, including the honourable member process would have produced an inquiry into for Sandgate, who have espoused principles child abuse a lot earlier. It is a shame that this long and hard over time, particularly during the legislation was not in place in 1989 and 1990, 28 months that they sat on this side of the when those matters were brought to Cabinet House, have forgotten about those principles and it chose to disregard the proper process now. and not let those matters see the light of day As I recollect it, there was not an in the public interest. This Government can opportunity to debate the Bill introduced by the now be forced into a position of accountability former Leader of the Opposition, the member with respect to— for Brisbane Central. However, we now have Time expired. that opportunity. As I said, the goals it 2204 Freedom of Information Amendment Bill 19 Jul 2000 espouses are noble and should be supported so much political upheaval and uncertainty not by this Parliament. It is important to eliminate only in this State but Australiawide and the possibility that a Cabinet Minister could worldwide is because people perceive that take something to Cabinet just for the sake of Governments are not accountable, that exempting it, not because it is an important Governments are not disclosing the full truth to matter of deliberation for the State and not them. As we have seen with this Government because it deserves the 30-year freedom from on many occasions in the past two years, it public scrutiny sanction that has existed has only been after intense scrutiny that traditionally in relation to Cabinet documents. It certain things such as a spendthrift attitude to is wrong that, when Ministers get themselves self-promotion and advertising in this State into a bind or certain things happen in their have been disclosed to the public. department which gets their department into a I think that, if a Government has an open bind, they seek to obscure the truth through attitude right from the start and if it actually smoke and mirrors and seek to deny the gets that particular information out there to people of Queensland the opportunity to people, then people are far less likely to scrutinise those decisions of Government— develop a cynical attitude towards matters that are important to the deliberative Government. I know that in the short time I actions of the State at that particular time. was a Minister I always indicated to my It is very wrong that the people of department that, if people were going to be Queensland will have to wait 30 years to be able to get something under FOI and could able to see them. I think it is fair to say that as legitimately expect it, when they walked in to this Government keeps running the State in the front counter officers should just give it to the red—and Standard and Poor's has them. At the end of the day they should let indicated today the underlying cash deficit them go out there and make up their own which we indicated yesterday—it is very mind. If we put all sorts of barriers in place that important to make sure that we are able to get seek to stifle and stymie their opportunity to our hands on those sorts of records. That is uncover documentation which is a part of the exactly the sort of thing that has been taken to investigations that they want to undertake into Cabinet to seek to exempt it from public the operations of Government or something scrutiny, from parliamentary scrutiny and also which has impacted upon them, then that is from media scrutiny. The issue of ministerial going to cause them to become extremely expenses is another example of that. There cynical towards the actions of Government. I has been a great degree of focus on that think that we can do a lot to bring back the subject over a long period. connection that Government has traditionally It is interesting—and you, Mr Deputy had with the electorate by ensuring that we do Speaker, would remember this—that it was this understand the concerns that people have Premier who campaigned long and hard in the about information being managed in such a 1998 State election on the issue of standards, way that they are able to get hold of it. that is, introducing a brand-new standard in It is also interesting to compare the Queensland—a new standard of Premier's rhetoric with his actions. If accountability, a new standard of openness for honourable members go to the second- the people of Queensland. He was going to reading speech which the Honourable the raise the bar higher. He was going to set new Leader of the Opposition delivered to this benchmarks. He certainly set a whole range of Parliament a few months ago when he new benchmarks, and I am going to come to introduced this legislation, which absolutely those a little later in my contribution. The mirrors the legislation introduced by Mr Beattie Premier is the very same person who promised when he was Opposition Leader, they will see the member for Nicklin, Mr Wellington, that he that the current Opposition Leader quoted would be doing all sorts of open, honest and Mr Beattie, who said— accountable things, and we have seen that what he has been doing in the time he has "... my Government will not sneak been in Government since the end of June documents into Cabinet meetings as a 1998 has been far from that. device to hide them from the public. The Bill makes it clear that the Cabinet It is important to have a freedom of exemption from FOI does not arise when information regime that ensures that there is a material is submitted to Cabinet for the degree of transparency, that there is improper purpose of avoiding FOI openness, that there is accountability and that access." there is confidence in the Government of this State. In the long run that reduces community Have we not seen some wonderful attempts to cynicism. I think the reason that we are seeing do that from Mr Beattie in the time that he has 19 Jul 2000 Freedom of Information Amendment Bill 2205 been Premier of this State? He would have when he came in here and rammed that done it very recently on the issue of the legislation through Parliament! advertising campaign on the aborted fuel We started to get an indication from the subsidy abolition scheme when he sought to departments within this State, the DPI in introduce a fuel tax in this State. He indicated particular, that the real cost to the farming that he was going to take it to show his communities, to the rural communities of Cabinet colleagues on the Monday following Queensland, was of the order of $500m to $1 the Saturday or Sunday. It was only after a fair billion. That was the very clear indication which degree of concern was voiced by the media sent the Government in this place, which is and the public that he actually disclosed that allegedly full of members who believe in particular information. Everyone saw right transparency and accountability—at least through that. We all knew that he was taking when they were not in Government, that information to Cabinet so the people of anyway—into fits of epilepsy. They are out Queensland would not have an opportunity to there and they are asking, "How are we going see that for a long period—30 years in fact. I to stop this because the Opposition knows that think all of our parliamentary careers would they are our own figures?" have been over after that long. So what did Mr Beattie and Let us cast our minds back to December Mr Palaszczuk do? They said, "This is what last year when we witnessed one of the most you call bureaucratic catch. This is where the appalling actions by any Government in this bureaucracy is putting up stuff to the Parliament when a most important piece of Government which is not true." The Premier legislation, which stood to profoundly affect the said, "Because I am such an open and honest future of rural communities across this State, and accountable bloke and you can trust me, I was rammed through without proper debate am going to take this to Cabinet just to and without the proper scrutiny not only of this demonstrate what happens to Governments Parliament but also of the stakeholder groups when the bureaucracy gets hold of them." Do that wanted to be able to participate in the honourable members know what that was debate. That was the tree clearing legislation, code for? That was code for clamping down on the Vegetation Management Act. It was transparency and accountability! In fact that brought into this Parliament, as I recollect, on meant that that documentation, which a Tuesday or a Wednesday and was left to lie because of the excellent modelling capacities on the table for only two days and was of the staff of the Department of Primary rammed through on the Friday after a couple Industries we know is true, is now going to be of hours of debate. During that debate we had kept from the people of Queensland until the indicated to this Parliament a whole range of year 2029. concerns about the potential impact that that legislation was going to have on the rural So in 2029 when the Courier-Mail does its communities of Queensland. The Premier of historical search, we will be able to see that at the day— that stage, in 1999, just on the eve of Christmas, Mr Beattie delivered a very Mr Nuttall: It hasn't even been unwelcome Christmas present to the rural proclaimed. communities of this State: he pulled one of the Mr SPRINGBORG: I would be very happy biggest ever swifties by clamping down on the to take the interjection of the honourable release of the independent information from member for Sandgate, but I feel that proper his own department, which correctly indicated parliamentary process and procedure that the real cost to rural communities was precludes me from doing so because he is not going to be $500m to $1 billion. He took it to interjecting from his correct seat. Cabinet in an attempt to hide it from the We have a situation in which this Premier people of Queensland and in fact succeeded. came into this Parliament and said that he was Where does the Attorney-General stand going to seek compensation from the on all of these issues? I do not know. In fact, I Commonwealth Government—$100m, he am not sure where the Attorney-General said. That would be heaps! That would be stands on anything. I must admit that on enough to enable us to address all of the occasion I come into this place somewhat concerns of rural Queensland! That would intrigued and confused. I recently asked him a enable us to address the decline in property question about Crown Law advice and he said valuations, the decline in property viability and that Crown Law has nothing to do with him. all of the other trauma and heartache that was However, I opened the Ministerial Program going to be caused by the single-handed Statements for the Department of Justice and megalomaniacal approach of the Premier Attorney-General yesterday and it indicated 2206 Freedom of Information Amendment Bill 19 Jul 2000 that he is in charge of Crown Law. So I do not would be fair to say that a number of know. Maybe somebody should brief him on Government departments are performing that. extremely well. They are releasing either Mr Borbidge: Someone should tell him. partially or in full the majority of documents being sought. However, I want to run through Mr SPRINGBORG: Someone should tell some of them, and it is difficult to draw a clear him about that. We can talk about a range of correlation with a couple of departments other things. The Attorney-General says it is because they have changed. In relation to the something about the administrative processes Department of Employment, Training and of Government. What does the Attorney- Industrial Relations, in 1997-98 the percentage General really do? of documents sought under FOI that were Mr Borbidge: Recites poetry. either released in part or in full was 97.8%. In Mr SPRINGBORG: He recites poetry all 1998-99, the Beattie Government's first year, it around Queensland, much to the pain of his was 97.9%. That is a pretty good performance. audiences. The number of documents sought from As I have indicated before in this Primary Industries went up 20% from 74.6% to Parliament, the member for Yeronga was a 91.6%. That shows a good performance on president of the Civil Liberties Council of the part of the Government when it comes to Queensland. Whilst it is fair to say that most that department. Documents released from members of this Parliament would not have Education went from 95.1% in our last year in much in common with the Civil Liberties Government to 91.6% when Labor came to Council, nevertheless it does perform a very power, meaning that approximately 10% of important function. It puts a particular documents were not released. There are viewpoint that would not otherwise be put by certain vagaries in the system that would the mainstream political parties. I have said account for that. In relation to the Department before that this Attorney-General has of Economic and Trade Development, which undergone an extraordinary metamorphosis. was the responsibility of the honourable He was a butterfly that has turned into a member for Burnett when the coalition was in caterpillar. That is exactly what we have seen Government, the figure was 88.7%. I from this gentleman. commend him for that performance, Mr Sullivan: Where did you read that? particularly when we see the performance of his successor, the Honourable Deputy Premier, Mr SPRINGBORG: Actually, I made it up who presides over State Development. That myself. It is pretty good, isn't it? In case those fell significantly to 50.9%. opposite missed it, I thought I should repeat it tonight. Mr Lester: That is very shameful, isn't it? Mr Borbidge: They wouldn't have been Mr SPRINGBORG: That is absolutely anywhere near as polite as you were about the shameful, particularly from a Government that Attorney-General. was going to set new standards and new Mr SPRINGBORG: I am sure they would benchmarks. The honourable member for not be; in fact, we know that they are not. We Keppel, who has always had an interest in this know that they are all lobbying for him to go to area, is very concerned. So there was a the Supreme Court, but we know that that is significant reduction. sending the bench into absolute fits as well. In relation to Environment and Heritage, it This Attorney-General is the man who went from 93.2% when we were in cartwheeled around Queensland in the 1980s Government to 89.8% when Labor came to campaigning against the terrible Joh regime office, which is relatively the status quo. In and the excesses of the Joh regime. Peter relation to Family Services, Aboriginal and Beattie is now a really good mate of Joh, but Islander Affairs, it was 93.4% in 1997-98. One back then he was not. He was behind the cow has to go to Equity and Fair Trading in order to shed. Matt Foley was also anti-Joh because of get the correlation for the next year, which is all the terrible things he claimed to be wrong 91%. Basically, it is par for the course. In with that regime, such as a lack of openness, relation to Families, Youth and Community honesty and accountability. Care, last year it was 94.2%, which is pretty I turn now to some very interesting good. In relation to Housing and Local statistics, and I commend them to honourable Government and Planning, which have an members of this Parliament. I refer to past extremely good record, it was 94.8% under us. freedom of information reports in this State It has now gone up to 99.9%. That is comparing the departments and their extremely good. Some 38 documents were performances on the issue of accountability. It sought when we were in Government and 19 Jul 2000 Freedom of Information Amendment Bill 2207 there have been some 33 applications under spoke about the departments. It was quite a this Government. Therefore, the greatest surprise to me to hear that those opposite who majority of them have been released. take the high moral ground could be found Mr Sullivan: That just means your wanting in this area, particularly the Attorney- shadow Minister didn't ask any questions. General. I am sure it would surprise many people in this House and members of the Mr SPRINGBORG: It could mean a whole general public to hear those figures. I hope the range of things. If we turn to Health, it is Deputy Leader of the Opposition takes the basically the same. However, in relation to opportunity of circulating those figures widely. Justice and Attorney-General, this is where the butterfly really comes out at his best. In 1997- It is worth reminding the House, as has 98, 72% of documents were released under been done constantly, that this Bill was the coalition Government. It is 52% under Mr introduced by the member for Surfers Paradise Foley—the second worst in the State. Mr Elder on 25 May 1999. It was first debated on 31 has the worst with only 50.9% of documents May 2000. This fact alone exposes the clay released. Mr Foley went down to 52%. This is feet of the Labor side on this important matter an absolute disgrace. It is a complete outrage. of principle. The Labor side has no principle on this issue, or on much else. When debate was Mr Lester: Doesn't he sort of point resumed more than a year after the Bill was himself up as that great person of introduced, we were treated to a performance independent justice? by the Attorney-General—the Rumpole of the Mr SPRINGBORG: Absolutely. The Chamber—that exceeded even his member for Keppel would remember the supernaturally high rhetoric and Thespian member for Yeronga campaigning against him capacity. His excuse for the Government's when he was the Minister for Industrial appallingly cynical position on freedom of Relations. This is the man's real performance information was that, prior to introduction of at the end of the day. He has presided over this Bill by my honourable friend the member one of the most disgraceful reductions in for Surfers Paradise, the honourable member access to information legitimately sought by for Yeronga had been instrumental in referring the public of any Minister. It was 72% under Mr a wide range of matters regarding the Beanland; it is 52% under Mr Foley. That is an Freedom of Information Act 1992 to the all- absolute disgrace. The Opposition has party Legal, Constitutional and Administrative suffered exactly the same fate in seeking that Review Committee for inquiry and report. He information. The last time I sought information seemed to be saying that our Bill to compel from Legal Aid, I was told that seven Government honesty in relation to freedom of documents could be released. The last time I information was a political stunt. Well, he will applied to the DPP under FOI, I sought 140 have to plead the Mandy Rice-Davis defence documents. It was indicated that I could have on that. He would say that, wouldn't he? seven in full, four in part and the rest were The Government of which he is a part—a unavailable. That is the performance of the large part—came to office in June 1998 fully Attorney-General. When it comes to flushed and, as it would have liked people to transparency, he clamps down. believe, with enthusiasm for public scrutiny of I could refer to a whole range of other its efforts. It came into office under a Premier performances by the Government, and some who as Opposition Leader made a living of of it is very good. However, under Mr Foley, it appearing aggrieved over lack of access, an is the most disgraceful performance we have Opposition Leader who wanted everyone to seen from any Minister in this Government. believe that when he became Premier The performance of this Attorney-General is everything would change. By May 1999, it was reason enough for this Parliament to pass apparent that nothing would change as far as legislation which to date has enjoyed the Labor Party was concerned. The cynical bipartisan support. It was legislation that had manipulation of political events and policy its genesis in Mr Beattie's office when he was directions that we on this side are accustomed Opposition Leader. We have put the Bill to seeing from the party opposite, and from its before the Parliament tonight word for word. leadership pro tem, had not disappeared; it There is an opportunity tonight for honourable had merely reproduced itself in an even more members of the Government to put their pernicious form. money where their mouth is and to support us. When he finally wound himself up on the Mr SLACK (Burnett—NPA) (8.55 p.m.): It issue a year after the Bill's introduction, the is with pleasure that I join this debate and Attorney-General did not spend a lot of time support the Deputy Leader of the Opposition on the fact that the Bill was exactly the same in respect of the points he made when he as the one his own leader had introduced in 2208 Freedom of Information Amendment Bill 19 Jul 2000 such a flush of enthusiasm in the previous "Honourable members opposite, Parliament and which he had helped draft. particularly the honourable member for Need I remind members opposite that the Brisbane Central, will recognise this Bill; Attorney-General preferred to make political he introduced it. He may even recognise points. He preferred to ignore the fact that elements of the fine speech he made on Labor came to office with a freedom of that occasion as I introduce the 1999 information plan. Before the election it said it version." was a plan and then it squibbed. The biter was It is now the 2000 version, of course, because bitten. Yet another fluffy little chicken had another of this Government's promises—that come home to roost. There were petards is, that private members' Bills would be a everywhere with Labor denizens hoist upon priority—has proved to be a further excursion them. Among them, of course, and very into cynical abuse of promises by the Labor prominently, were the honourable members for Party and this Premier. In 1999 the Yeronga and Brisbane Central, the master honourable member for Surfers Paradise went blasters of the movement. on to say— We might all agree that the general "I hope that he does. That will question of freedom of information deserves a indicate that he has not forgotten thorough airing in the sort of forum provided by absolutely everything he promised before a reference to the Legal, Constitutional and he got into office and started finding Administrative Review Committee. In fact, we excuses for not doing what he said he do all agree. But the Freedom of Information would do." Amendment Bill now before the House need not have any bearing on the deliberations of We strongly suspected then, and we certainly the committee and certainly should not have know now, that he has in fact forgotten any bearing on the outcome of its absolutely everything he promised before he deliberations. got into office, and a good more that he has promised since. We know that the great The objectives of this limited legislation procrastinator is nowhere near finished finding are simple. They are clear. They are to ensure excuses for not doing what he said he would that ministerial expenses documents do not do. Daily he invents new reasons for failure. It attract the Cabinet exemption from FOI is no surprise that these are always down to access. They are to ensure that the Cabinet the account of somebody else. No blame, no exemption from FOI access applies only for shame. proper Cabinet purposes and not for the Both the honourable member for improper purpose of merely evading FOI Brisbane Central and the honourable member access. for Yeronga know very well that the broad It is hard to see how anyone on the Labor issue of FOI is separate from the detailed side of this House could possibly object to issue this Bill is designed to settle. I know that implementing such simple and straightforward my electors in the seat of Burnett—country legislation. Labor members all voted for it people, regional Queenslanders, the salt of when it was their idea, and I am sure they the earth—have consistently high standards would all agree that Cabinet confidentiality is a when it comes to people doing what they say cornerstone of good government under the they will do. No wonder they are disappointed Westminster derivative system that applies in with the shonky crowd opposite! They have a Queensland. I am sure they would agree term for people who promote themselves as because in previous instances in this the ant's pants and then end up stinging Parliament they have told us that this everyone. They have several terms, in fact, confidentiality should not be used as a mere and not one of them is the one I have just device to escape public scrutiny of material used, giving due accord to courtesy and the that should properly be accessible under FOI. requirements of Standing Orders as I will quote some of what my honourable interpreted in this place. They would not call friend the member for Surfers Paradise said in him the great procrastinator. No way! They this place on 25 May 1999—15 months ago. would be far more robust and a lot more direct. That is 15 months of opportunity for this On freedom of information the Government to hide as much as possible from honourable member for Brisbane Central had public scrutiny. I hope the Premier blushed one view in 1998 and another—a quite when he heard the member's comments. I opposite view—in 1999. Why are we not hope he blushes doubly tonight when he surprised? So who is the opportunist in this hears them again. The member for Surfers instance? If it were not rude to point—I know Paradise said— how the Premier hates people being "rude" to 19 Jul 2000 Freedom of Information Amendment Bill 2209 him, as defined by their saying things he does I remember very well the circumstances not want to hear, so I shall not; there is no that led to the Bill being introduced by the now point anyway, because he is not in the Premier so long ago. In fact, I had a part to Chamber—I would point straight at him. He is play. During the time of the Goss Labor the man. He is the one who in conscience Government the then member for Springwood, sees no objection in taking the opportunistic who was a Minister, would not answer some of course. He is the one who bends cynicism into the questions I asked at the Estimates ever more creative contortions in pursuit of an hearing—simple questions that one would argument that defies logic, let alone expect a Minister would be able to answer and commonsense. in all conscience would be prepared to Mr Sullivan interjected. answer—but she chose not to. I remember going up to my office and saying, "Put in a Mr SLACK: I can understand that it is request under freedom of information for the difficult for the honourable member opposite to briefing notes." I remember that well. I follow this, because he has to come to terms remember urging my colleagues to take a with his conscience in voting the way he will similar course in respect of questions that had vote. not been answered in similar circumstances. The argument in the case of this Bill is What was the result from the Goss simple and straightforward. On that ground Government, many members of which are alone it should meet with the Premier's members of this Parliament now, which took preferred position. Honourable members know: the moral high ground under FOI? Did it it is that simple. Labor members can vote with willingly come forward without any objection? us on this Bill and keep faith with the electors No! Time lapsed. or they can vote against the Bill and drive Mr Borbidge: They flew the briefing notes another stake through the heart of their claim to Mount Isa in the Government jet to the to be genuine in the cause of public access country Cabinet meeting. and the right to know, which they have Mr SLACK: Yes. They loaded the plane championed in the past. with them. In wheelbarrows and trucks they Mr Sullivan interjected. brought the documents before that Cabinet meeting! Mr SLACK: I commend those comments to the member for Chermside. He is having Mr Borbidge: No wonder the Westwind trouble interpreting my speech. I can was breaking down by the time we got there! understand that, too, because no doubt if he Mr SLACK: Exactly. Time after time those has any conscience at all in relation to this documents were wheeled into the Cabinet particular issue he will be writhing within meeting. Did Cabinet Ministers look at them? himself. He would be one who has claimed the Did they follow what they had espoused as moral high ground in the past but who now their conscience position? Not at all! What did conveniently forgets and looks for ways to they do? make excuses. Mr McGrady interjected. Last year my honourable friend the Mr SLACK: Exactly, as the member for member for Surfers Paradise said in his Mount Isa said. And he should know. It was in second-reading speech on this Bill— his home town that those Ministers betrayed "This Bill, which the Labor Party was their conscience. Did they do it with red faces? fully prepared to vote yes to last year"— There are two Ministers opposite who were part of that Government, and the member who for the record, that is 1998— was the Speaker. Did they undertake that "is an opportunity for the Government process with red faces? Did they do it with any finally to put its mouth where it says its shame? Not at all! Pragmatism demanded conscience is. It promised full disclosure. that they do it. So where was the moral high It presented this Bill when it was in ground when it came to the nitty-gritty, when it Opposition to achieve full disclosure." came to facing the real issues? Where was the moral high ground from members opposite? It Labor certainly should vote for this Bill. was nowhere to be seen. The fact that it will not accede to the demands of what it pretends is its conscience condemns Mr Borbidge: We must not let them know it against the very same moral tests that it and what we know internally. its leading lights are forever telling us they Mr SLACK: Exactly. So well said! Who adhere to and which they even attempt to said that? That is familiar. Who wrote that? persuade the gullible they invented. Mr McGrady: Disraeli. 2210 Freedom of Information Amendment Bill 19 Jul 2000

Mr SLACK: Was it Disraeli? I have some because they were the ones who took the high recollection that it was said recently. moral ground on this issue. We were practical, Somewhere at the back of my brain, I because we knew that there are documents remember those words being said. How true and situations and there will be documents they are now and how true they were then. and situations to which freedom of information There has been no change whatsoever. What would not apply, and the original legislation has changed? recognised that fact. However, the event to The Government may believe that the which I have referred, in which the public is gullible. It is not that gullible. If the Government used the Government jet to get Government thinks the public is fooled by its these documents before Cabinet, was a farce. attitude on this issue, it has another think It was a transgression of the intent of the coming. I cannot understand how, in all legislation. This Government did that without morality, the Government can vote against this shame, and it has to bear the responsibility for legislation, considering its history. But then that. again, if one considers the Government's With that contribution, I commend the Bill history and the manner in which it took those of the member for Surfers Paradise to the documents to that Cabinet meeting, I can well House. understand it. The Government has no shame on the issue whatsoever. Does that surprise Hon. V. P. LESTER (Keppel—NPA) anybody? It certainly does not surprise anyone (9.13 p.m.): I have to confess that I am on this side of the House. At the end of the amazed that some of my colleagues have day it will be interesting to see how the suggested that there will be a vote on this Government votes. legislation tonight. After all, I am led to believe that this is the Bill that Mr Beattie, as Mr Fouras: What did you do when you Opposition Leader, had hoped to bring before were in Government? the House and have enacted as law. Now the Mr SLACK: The honourable member for boot is on the other foot, and all of a sudden it Warwick just read out what we did. We did is, "Hush-hush. Back off. Not suitable. What release documents and, I am very proud to could it expose?" From what my colleagues say, we did so much more willingly than this are saying, there obviously will be a vote Government did. In my own situation, I cannot tonight. I cannot believe that the Government recall being a position where I did not wish— would vote against legislation that was Mr McGrady: Of course you didn't, proposed by the then Opposition Leader and because it is not your decision. It is not the now Premier. We are just trying to help him Minister's decision. out. It is as simple as that. All of a sudden he does not want our help. It is very difficult to Mr SLACK: I take the Minister's point, but understand. I was always conscious that whatever I did was subject to freedom of information We are in a time when we have to be requirements. more accountable, whether we like it or not. Each and every one of us has to make Mr Borbidge interjected. information more available. I would be the first Mr SLACK: Exactly. to admit that sometimes we do not always like Mr McGrady: The Minister has no say. doing that. But if we take on a position of public office, we have to be prepared to have Mr Braddy: We don't make those all of our actions subject to public scrutiny. decisions. He didn't make the decision. There are some exceptions, and I think I could Mr SLACK: Both men who are interjecting quote one. For example, if somebody writes to are Ministers. Let us be factual. They both the Parliamentary Criminal Justice Committee know that the actions they take should be able with a complaint about somebody and that to be scrutinised under freedom of information, issue is discussed within the committee, I except in very special circumstances. Both would not like to see the deliberations of the Ministers know it in their hearts. This committee—the tape-recordings and so Government went to elections on that high on—discussed in this place. Members of a moral ground. So Government members committee must be free to discuss certain should not turn around and ask what we did in matters fairly and squarely without fear. If the Government, because they were the ones who committee had to reveal its discussions on a proudly led the debate on this issue. There is certain matter, it could inhibit committee no question about that. We give them credit members from giving the matter true and for it. Some years ago, Government members purposeful consideration. But that is one of the led the debate. It will be on their consciences few exceptions that I believe should exist. The when they vote against this Bill tonight, normal operations of a Government 19 Jul 2000 Freedom of Information Amendment Bill 2211 department should be subject to public choices about access to official scrutiny. Individuals must be free to examine information in Australia. Other articles documents relating to themselves to enable have either attempted to weave together them to ascertain whether a decision affecting the key points of specific law reform their affairs was justified or received a full suggestions over the past decade and/or hearing. have looked at compliance and Some of the comments by the member administration reforms. Yet we seem to for Warwick were interesting. I am reminded of be bound to the narrow vision of our a question I asked during the tree-clearing original designers who opted for a basic debate. A report by the Department of Primary US adversarial/litigant model with a series Industries indicated that the costs were much of patchwork connections." higher than the Government had made out. That is really what we did. The article The Government has not been too keen to continues— debate that report or make it available to the "These connections were to people of Queensland. In fact, I was incorporate the essential dynamics of a astounded to discover that Government hybrid Westminster system that had Ministers actually called those people—good evolved during the slow development of DPI officers—clones of our Government. That Australian government since 1788. was a dreadful thing to say about fully fledged departmental officers who dared to give There are a number of 'standard' information that might have been contrary to features, which are essential to an the position of the Government at the time. effective freedom of information (FoI) legislative scheme. The components of Mr Borbidge: The Minister for Primary an ideal FoI model are best adopted as Industries effectively said he had no an integrated 'package' to maximise the confidence in his department. utility of the legislation and to encourage Mr LESTER: He absolutely did that. I greater public participation. A balance have always believed that Ministers should try needs to be struck"— to back up their departments. These officers give a straight-down-the-line assessment on and this is important— what they think is right and wrong. They were "between the notions that power and shot down in this Parliament. A Government secrecy are relative rather than absolute should not put its public servants down. A concepts and that government power will Government should not run for cover and not be drastically diluted merely because blame them. That is what this Government did. there is improved citizen access to That was one of the saddest days of this information." Parliament. What the authors are trying to say is that At that time tree clearing was a very the information given out has to be fair dinkum important issue to this State. It does not and real and that it does not have to be matter what the Opposition or the Government sanitised in any way. That is always a huge thought at the time; it was an issue that was of problem when it comes to freedom of public importance. There were demonstrations, information. I have heard so many complaints there were rallies and there was deep feeling over time that when people have been able to on the issue, but we did not even get to the access freedom of information the Committee stage of that legislation. That was documentation appears to be sanitised; it a very sorry day. I have to wonder: did the appears to have been got at; it appears to Government decide that those affected by tree have been made to seem different. This is, of clearing were people in conservative course, a dreadful state of affairs. electorates and that, therefore, it would not As I said before, whether we like it or not, make much difference to the Government's we are living in the new millennium and people vote, so it did not really matter. We await with expect those who are public servants and great interest what will happen when the Water those who are elected to serve the Crown, to Bill comes before the House. serve the Parliament and serve the people to I have an article here titled "Back to the be accountable. The article continues— drawing board". It contains preliminary recommendations and assessments on "Any attempt to formulate basic redesigning Australian freedom of information design principles for FoI must begin with a legislation in the future. It states— statement of objectives to structure and guide the accompanying policy and "This article attempts to return to process. The objectives of the legislation basic principles and primary design must be to enhance public access to 2212 Freedom of Information Amendment Bill 19 Jul 2000

information and improve overall Australian FoI legislation has so far government accountability." failed to achieve an outcome where If people know that they have to give out access to information in the custody of decent and fair dinkum information, then a government is the norm, and non- little bit more care will be taken in the first disclosure is a contestable and limited place. Surely to goodness, that really starts to exception." get us on the road to better and more That is what we are looking at—a very limited accountable Government. We all fail from time exemption—as I pointed out before. The to time. I do not think anybody in this world is article continues— perfect, but if we can go to bed at the end of "A viable democracy needs and the day and be able to say that we have tried demands an informed citizenry"— to be as honest as we can during the day, well then we have got a fair chance of facing the That is the citizens of this nation. When they next day. A simple scenario like that is demand information, they should be able to probably not a bad way to go. The article get it. The article continues— continues— "... yet Australian politicians seem "A statement of objectives must be prepared to offer us the sad, faded and expressed in clear and uncompromising crumbling relic of our first attempt (the words, which mandate that access is the Commonwealth FoI Act) or a hasty back paramount objective. The very title of the to what it was before version ... legislation can assist in emphasising The experiment of Australian FoI these objects—a legislative title of 'Access legislation has not realised its ambitious to Information' would symbolically imply objectives. The main problem is greater openness than does the title resistance to the regime from the 'Freedom of Information'." government itself." What freedom of information is trying to We are talking about it here tonight; that is achieve is exactly that. If we require certain why we are having the jolly debate—because information, then that is what we should get, there is a resistance. We have put forward a not a sanitised version of the information. The very simple solution. We have simply tried to article continues— help the Premier out and he has thrown the "An FoI legislative scheme cannot be ball back at us. He has, to some extent, effective without a commitment from thrown the opportunity to be totally government and its servants to openness accountable out of the floor of this House and and accountability." out that window down into the gardens. That is a very, very sad state of affairs. The article We should just look at that concept for a continues— moment. I repeat that a freedom of information legislative scheme cannot be "The more restrictive the legislation, effective without a commitment from the greater the level of government Government and its servants to openness and commitment. The fate of FoI legislation accountability. That is really what we should be can be largely influenced by whether trying to achieve. If we are committed to being there is a 'political patron' within open and accountable, it should be second government—such as a Minister with a nature. If it is second nature, we are going to genuine commitment to FoI principles—to try to be more careful of what we do in the first champion the cause. Australia has place. The article continues— produced few ministerial champions." "This commitment must be genuine; Indeed, when we consider the record of it must be long term; and it must be our recent Attorney-General, we find that it is evident not only among FoI officers far from good. I can remember him running assigned to process requests, but also around when we were in Government among senior bureaucrats, policy advisers addressing Rotary meetings. One morning, I and at the ministerial level. To this end, a was at one. He pontificated forth about all of simple starting point is to avoid direct the accountability measures that were needed references to any exemptions to the to keep Governments honest and all of that legislation in the statement of objects. sort of thing. I am not saying that the Attorney- Thus rather than a statement such as General is not honest, but he could be doing a 'This Act seeks to ... subject to ...' it would lot better. It is a worry to us in this Parliament be more appropriate if the statement when indeed our own Attorney-General's read: 'This Act will ...' Minor changes in record could be better. wording can be of symbolic significance. An Opposition member: Hot air. 19 Jul 2000 Freedom of Information Amendment Bill 2213

Mr LESTER: Yes, there is a fair bit of hot with us and show us that they are fair dinkum air. That is a very, very deep concern. Tonight, about freedom of information. I am greatly disturbed to find that we have to Time expired. even debate this legislation. It should have been a matter of course. It should have been Mrs LIZ CUNNINGHAM (Gladstone—IND) automatic. It should have been one of the first (9.33 p.m.): It is my understanding that the issues contemplated by the Premier when he genesis of freedom of information legislation came to Government. It has been pushed and came from the Report of a Commission of pushed away to the point at which it is not only Inquiry Pursuant to Orders in Council going on the backburner but it will be burnt up conducted by Mr Fitzgerald, which was handed altogether. Goodness gracious me! That is a down in 1989. In a political context, the report terrible situation! refers to administrative reviews and, in a section relating to FOI, it refers to reform. The article continues— Reform of FOI is listed at 3.4.3 under the "Contemporary design principles heading "Freedom of Information" and it should not be based on notions that the states— government generally maintains an "Allied to these improvements"— unfettered discretion over content, distribution and restrictions on the which were listed previously in the report— dissemination of information." "in administrative laws has been the That is quite a worrying statement—that concept of freedom of information. Governments can decide really what they are Freedom of Information Acts, along going to give out and what they are not going the lines of the United States model, have to give out. It is a bit like a rabbit with a head been adopted to grant a general right of of lettuce: they will give out what is good for access to documents held by them, but they will not be too keen on giving Government and Government agencies. out what is not too good for them. The professed aim of such legislation That is why we are, unfortunately, having is to give all citizens a general right of this debate. This is one of the saddest nights access to Government information. that I have had in the Parliament because we Appeals are allowed to an external have to debate legislation such as this just to independent review body when a request have ordinary accountability. We are not for information is refused in whole or in talking about over-the-top stuff; we are just part, or when a person objects to a talking about ordinary accountability—if we do decision to release information about their something, to say what we have done. If we affairs, or when the accuracy or have made a mistake, so what? It does not completeness of personal information matter. We should just get on and fix it up. held by Government is disputed by the Sometimes when we have made a bit of a person it concerns. blunder, we are better off to say that we have done it and then fix it up. I wonder how much It is true that, where such legislation time is spent by people in this world trying to has been enacted in Australia (the talk their way around mistakes rather than Commonwealth, Victoria and more saying, "We made a blunder. We are sorry. recently New South Wales) there has We are going to fix it up." That happens so been criticism. Government agencies say often. that answering requests has been costly and disruptive. Applicants claim that some The article further states— agencies are obstructive, and that the "The design of FoI should first and exemptions are too wide or are abused, foremost be to locate access to and that increasing charges make the information as a foundational democratic cost of requests prohibitive. right." The importance of the legislation lies This right of information to the ordinary person in the principle it espouses, and in its is absolutely fundamental to our rights. We ability to provide information to the public know that that is the case. In finishing, I say and to Parliament. It has already been that it is fundamental to our democratic rights used effectively for this purpose in other that if we want some information from the Parliaments. Its potential to make Government, we should be able to get it and administrators accountable and keep the there should not be any restrictions placed voters and Parliament informed are well upon us. Yet, I ask: why are we debating this understood by its supporters and Bill tonight? I expect the Labor Party to vote enemies." 2214 Freedom of Information Amendment Bill 19 Jul 2000

The Explanatory Notes state that the by Parliament's all-party Legislative, reasons for the objectives are the following— Constitutional and Administrative Review "Cabinet confidentiality is a Committee to ensure that FOI legislation is cornerstone of good government under kept up to date and in accordance with the the Westminster system; however, this public's legitimate expectation of scrutiny of confidentiality should not be used as a public administration in this State. mere device to escape public scrutiny of This Bill is not a meaningless piece of matter that should properly be accessible paper. It is no use the Premier saying that this under FOI. Bill is not needed because he will exempt This legislation provides specifically expenses from the current secrecy provisions. that ministerial expenses do not attract We have seen the ease with which Premiers the Cabinet exemption from FOI. The break promises. In Government, Premiers may legislation provides more broadly that roll over like pussy cats. They have been Cabinet exemption does not apply to compromised in order to protect themselves matters submitted to Cabinet from the will of Parliament. In Opposition, the predominantly for the purpose of making current Premier said— it exempt matter." "And let us not forget the way in In other words, items of information should not which the Premier has backed down on be taken to Cabinet not for the consideration FOI. It was not just the unwanted of Cabinet but predominantly to ensure that Attorney-General demanding reform of they become exempt matter. the FOI laws while he was in Opposition, the Premier made a solemn promise in The Explanatory Notes go on to refer to Parliament that he would reform freedom consultation and state— of information legislation. Let us look at "Widespread community concern what the Premier said. On 20 February about the Government's attempt to 1996, the Premier was telling the State escape full accountability for ministerial why Queenslanders could have expenditure has produced a community confidence in his Government. He request for all expenses to be publicly promised— available." 'I am pleased to advise the This House will not wait to restore some House tonight that this Government honesty and accountability to Government in will restore genuine freedom of Queensland. With the Freedom of Information information legislation—and it is Amendment Bill, we are acting now to ensure going to be interesting when the that Government cannot continue to hide legislation is before the House.' ministerial expenses from public scrutiny. This Bill is designed primarily to prevent The Premier continued— Government from hiding the expenses of its 'Will the people who gutted Ministers from public scrutiny by wheeling them freedom of information vote to keep through a room while Cabinet is meeting. It it the way they wanted it, or will they can be claimed that Cabinet secrecy means support us in putting it back the way that the documents are unavailable for scrutiny Fitzgerald recommended? through the Freedom of Information Act. This It is going to be a very is an abuse of the freedom of information interesting debate, and I look forward legislation that the people of Queensland will to the contribution of the Leader of not tolerate. Why would any Government do the Opposition on this.' " that unless it was rorting the system? This Bill will prevent Governments from doing that For two years the current Premier when in again. This Bill amounts to a legislative Opposition waited for the legislation promised promise that Government will not sneak by the then Premier. To the Honourable Rob documents into Cabinet meetings as a device Borbidge as Premier Mr Beattie said— to hide them from the public. "Well, Mr Premier, it is going to be a The Bill makes it clear that the Cabinet very interesting debate. You were looking exemption from FOI does not arise when forward to my contribution as Leader of material is submitted to Cabinet for the the Opposition on this. Well, today you improper purpose of avoiding FOI access. The have it. Now I look forward to your Bill also provides specifically that the expenses contribution. What will it be? Another of Ministers and ministerial staff do not attract backdown? Another backflip? My Cabinet exemption from FOI. The Government challenge to you today is to bring this Bill is committed to having the FOI Act reviewed on for debate as soon as possible before 19 Jul 2000 Freedom of Information Amendment Bill 2215

the election, and to give it your full cynical about those of us who purport to support." represent them and yet often when the chips Let me reiterate that the then Leader of the are down fail to do so. Opposition in the previous Government, the Freedom of information is about the current Premier, Peter Beattie, challenged the community having the opportunity, when it has then Premier, Rob Borbidge, when he said— the need, to access information that will be "My challenge to you today is to advantageous either to their concerns or their bring this Bill on"— cause. The information to be covered by the Freedom of Information Amendment Bill will the Bill before the Chamber tonight in its not be required by the majority in the entirety; it is exactly the same— community but it will be required by some. If "for debate as soon as possible before this Chamber does not support this Freedom the election, and to give it your full of Information Amendment Bill, we will be support. We meet in another two weeks. guilty of perhaps one of the most cynical acts My challenge to you today, Mr Premier, is of politicians, and that is hypocrisy. to bring it on for debate when we next In Opposition, the current Premier, Peter meet in two weeks' time and make certain Beattie, said that this is good legislation. He is that it is law before we go to the people now in Government. The current Leader of the this year. Opposition has said that this is good In conclusion, I should like to thank legislation. Therefore, the position of both my colleague, shadow Attorney-General people should remain the same. Theoretically Matt Foley, who suggested to me this and practically, nothing has altered other than Private Members' Bill and who has worked that they are sitting in different seats. I do not with me in its drafting. I commend the Bill believe there will be any justification to the to the House." community for why attitudes have changed. I That, with some adjustments for the time do not believe this Bill should be debated frame, is almost in its entirety the second- without the presence of the current Premier, if reading speech of the current Premier, Mr he is going to instruct members of the Labor Beattie. I am not going to dispute whether the Party to vote against it. There is no reason why then Leader of the Opposition, Mr Beattie, was he should not come into this Chamber and right or wrong or whether the then Premier was defend his change of position. People are very right or wrong. The fact is that this Bill now has cynical when the attitudes of parliamentarians the support of both leaders, that is, the Leader change depending on which side of the House of the Opposition and the Premier. No reason they are sitting. can be advanced in this House to excuse non- Freedom of information is important to support of this Bill. people in the community. This was an In Opposition, the current Premier, Peter important piece of legislation when it was Beattie, tabled this legislation and said that it introduced previously by the former Leader of was necessary. He challenged the then the Opposition, Peter Beattie. It continues to Premier by saying that there was no reason be an important piece of legislation and I why the Bill should not proceed successfully believe that we as parliamentarians should through the Chamber. Nothing has changed support it. I commend the Bill to the House. except that the people in those positions have Mr TURNER (Thuringowa—IND) changed. The then Leader of the Opposition is (9.46 p.m.): There is a saying that doctors bury now the Premier and the then Premier is now their mistakes. Some Governments bury their the Leader of the Opposition. Both have put mistakes when they refer or sneak documents forward the Bill for the consideration of this to Cabinet. At present there is no way of Chamber. Nothing has changed. forcing disclosure of information submitted to Therefore, I will be interested to hear Cabinet. Mr Beattie tells us on a regular basis whether there are grounds for this Bill not that his Government is practising openness, being supported by both sides of the Chamber transparency and accountability. Here is the tonight if a vote is taken. If the Premier has legislation to put those grand words into directed Labor Party members not to support action. It may even allow a few mistakes to be it, I will be interested to see what has changed. exhumed. My research has shown that nothing has Queensland voters need this changed except that the people sitting in this reassurance. I must question any Government Chamber have switched seats. The attitude of that feels it has the right to be able to withhold people in the community has not changed. information from the people who elected it. They are cynical about politicians; they are Taxpayers pay the costs incurred by 2216 Freedom of Information Amendment Bill 19 Jul 2000

Governments and that plainly makes them our Opposition when they are in Government for employers. This justifiably means they have lack of funding to people with disabilities, every right to know what is going on. They blaming the Opposition when they are in should be very suspicious of any Government Government for ever declining health care. that seeks to operate behind closed doors. All Then there is the education system, honourable members are aware that probably the most serious situation of all Governments past and present have hidden because it is having a profound effect on our information. Now is the opportunity to set it community. After 12 years of school, some of right. The Queensland taxpayers deserve it. our children do not have sufficient literacy skills There is very little faith in politicians and to be employable. So what do they do with political parties out there. Evidence of this was their time? Our present education system is highlighted at the last State election, when creating more unemployment, which is One Nation won 11 seats in this House. There creating more crime and which is encouraging was an incredible groundswell of dissatisfaction drug abuse because children have too much and anger with the performance of the major time on their hands. Both the coalition and the parties over many years. I resigned from One Labor Party blamed each other when they Nation because they proved to be no better were in Government for the lack of money to than the existing parties. They were equally employ enough quality teachers and to pay unaccountable and mendacious. The existing them properly. More and more people talk parties are so involved in the world of party about pollies with their snouts in the trough. It politics that they have lost track of the other is time to take those noses out of the trough. It world—the world they are meant to be is time to stop the game of politics and get representing. There is so much internal strife down to the serious business of governing. It is between the Left and Right factions and ego time to put Queensland back on the map. battles between the peacock pollies. Many people I talk to have had enough of It does not matter that the member for the unelected faceless leaders of the major Surfers Paradise tried to pre-empt the parties running our State while the elected outcome of the review of LCARC by member—the politician—is simply a puppet on introducing this Bill. Honourable members a string. The needs of the people that these should not let these silly games put off the party politicians represent are of little important business of showing the importance when compared with the demands Queensland voters that this Government is of their party. So much time is wasted in this open, transparent and accountable. This Bill is House ridiculing and denigrating the other side exactly the same Bill that the Premier of the House, yet there is so little in policies introduced when he was in Opposition. There and behaviour to separate the major parties. are no changes; it is the exact Bill. This Bill They waste the valuable time and assets of should be passed now. Amendments can be the Parliament playing one-upmanship games made if necessary when LCARC has finished for their own amusement—time that should be its review. There are no acceptable excuses for spent implementing better policies for not supporting this Bill. It is time to stop the Queensland. rhetoric. It is time to stop just practising openness, transparency and accountability; it Our job is to provide the people of is time to be open, transparent and Queensland with the best Government that we accountable. can—to provide a situation for the people who elected us to represent them—not to just Dr KINGSTON (Maryborough—IND) survive day-to-day, but to blossom, to have the (9.51 p.m.): I rise to support this Bill in what we time and the money to improve their lifestyle. are told is the age of transparent Government. Every Queenslander deserves this. We could It is in the interests of transparent Government have this with proper management and that I support this Bill and it is in the interests without unnecessary waste. of a truly consultative and caring Government The people are in distress after years of that I support this Bill. My supportive speech this nonsense of "your turn, my turn" will take the form of questions concerning the Government from the coalition and the Labor process of FOI. I do this in the hope that these Party. They are suffering at the coalface, and questions will stimulate debate in this House they are truly suffering. Perhaps some tonight and in the future and, by so doing, will members have not noticed lately. People are improve the process and will improve the sick and tired of watching politicians on the credibility of Government. In doing this, I agree tellie blaming the Opposition when they are in with the statements previously made tonight Government for unemployment, blaming the by the member for Warwick. 19 Jul 2000 Freedom of Information Amendment Bill 2217

My first question concerns the definition of that the Government is a transparent and an "interested person". I am keen that I and open Government? the impacted citizens of this great State know That concludes my short contribution to how an "interested person" is distinguished this debate. I make this contribution in the from a "disinterested person". As many hope that those three questions will be members of this House would appreciate answered during this debate and thus the better than I do, questioners who are judged public will have a better understanding of the as "interested" do not have to pay to receive FOI process and more faith in the copies of documents under FOI. Specifically I parliamentary process. ask: is a person who is or will be directly and materially affected by the requested document Mr HORAN (Toowoomba South—NPA) an "interested person"? If such a threatened (9.56 p.m.): In common with the previous person is not an "interested person" then I speaker, I will say a handful of words in this suggest that the meaning of the English debate. Some people have spoken after language has changed. undertaking parliamentary research. I would just like to make a few comments on some of My second question concerns the time the experiences I have had with FOI. I want to within which the FOI officer concerned has to concentrate my speech on maintaining provide the document. The statements of the accountability but at the same time getting the member for Keppel tonight are relevant to this job done. I will make some comments about question. As I understand the current how so much of Government business, the legislation, the period within which the core business—the work of the State—is taken requested document should be supplied is 45 up in dealing with issues of accountability and days, and I can understand that there are FOI. logistic processes that support that time period. But when an internal Government When people are working in private report is a requested document, then there are enterprise, all they do is work towards making fewer authors to request for their approval for that business operate. When people get the document to be released. When the involved in Government, there are other document concerns a seasonal biological responsibilities. I well remember as Health problem which will be exacerbated by a delay Minister thinking to myself about how many of 45 days and is an internal Government full-time people we employed in the central document, then surely there should be a office. There were large numbers of highly commonsense reduction of this 45 day delay professional people employed to deal with in the interests of timely and effective seasonal FOI. I used to think about how many people action. we employed full time in the major hospitals to deal with FOI, how many people were The need for timely seasonal action is employed in all the regional hospitals to deal often encountered with biological problems. If with FOI. The trawling exercises that were the resulting action is not timely, then the carried out in the Health Department by biological problem can multiply in a geometric segments of the media looking for any story progression. In essence, I am saying that they might get, the trawling exercises of the biological problems are governed by their own Opposition and so forth were all part of the biological clocks and the biological agent attempts by modern Government to deliver concerned pays no attention at all to the time accountability and openness of Government. delays suggested by legislation. Such At the same time we think to ourselves: what is biological problems necessitate a the real task here? Do we want to spend every commonsense, timely reaction from a single dollar we possibly can on doctors, Government that is genuinely interested in the nurses, physiotherapists and so forth, or what problems of its constituents: the citizens of percentage is to be spent in the administrative Queensland. area and in maintaining the social My third question concerns the actions responsibilities of FOI and so forth that are and time that should be necessary to stimulate now upon Governments? a response from the FOI officer of any I think there is an expectation that there is particular Ministry. Obviously a busy citizen going to be an almost historical unanimous does not go to the trouble of contacting the vote for the Freedom of Information relevant FOI officer unless he or she is Amendment Bill that we are debating here seriously concerned. I ask this House: is the tonight. As has been said, it is the exact performance of an FOI officer who responds replica of the Bill that was put before the only after five days and 10 faxes responsible House by the former Opposition Leader when and is that conducive to public acceptance he professed such great genuineness about it. 2218 Freedom of Information Amendment Bill 19 Jul 2000

One of the driving reasons for introducing the the right and correct thing to do when in Bill into the House was that he wanted to be Opposition. able to get FOI access to the accounts of Another stunt when the member for ministerial staff, the entertainment accounts Brisbane Central became Premier was to and so forth. I am sure that, in his new-found announce the establishment of an Ethics way of openness and accountability, he would Commissioner. Perhaps the Ethics gladly hand over all those accounts detailing Commissioner might be needed to adjudicate how many bottles of red wine were consumed tonight. If the Premier is ethical, he will vote for during the country Cabinet meetings and so this Bill tonight because it is word for word as forth. That is going to be interesting to see he proposed it. The reasons he originally when it is all handed over. proposed it—accountability, open In fact, that reminds me of when the Government, honesty and transparency—all current Government came to power. In the still exist. If he is ethical at all, he will vote for it early days with bare-faced hide and hypocrisy, tonight and maybe we will not need the Ethics the Premier released one of his numerous Commissioner. I do not know what has media statements saying that his Cabinet was happened to the Ethics Commissioner. going to be different because it was going to Perhaps he has disappeared down a burrow have only sandwiches, cups of tea and orange somewhere. He certainly was not around juice for lunch. That is all we ever had for during the net bet affair. He was not around lunch. However, he made out as though this when the member for Rockhampton got in a was something new and wonderful, as though stoush at the end of the Labor Day march. He all previous Governments had Fourex and has not been around when these continual champagne for lunch. People are sick and problems have occurred in Cabinet that the tired of this holier-than-thou attitude. They Premier attempts to laugh off. know full well that it is just a publicity stunt and Mr Hobbs interjected. that the circulated perceptions are not true. Mr HORAN: The IR dispute, of course, There is anticipation tonight on whether has more than that. the Government will vote for this Bill, because Mr DEPUTY SPEAKER (Mr Reeves): it is exactly what the Premier proposed when in Order! I was reasonably liberal when the Opposition. The Premier professed to have a member talked about the fuel debate, but I genuine interest and desire for accountability. now think it is appropriate to return to the Bill We will see whether he is sincere and genuine before the House. when the Bill is voted on. It was good enough in Opposition; if he were really serious, it is Mr HORAN: The other issue relating to good enough to vote for it now. However, I freedom of information, accountability and doubt that we will see that. We will see another opening the ministerial accounts, as this backflip because his introduction of an legislation would— identical Bill was something that was Mr Mickel interjected. convenient at the time. Mr HORAN: They were in the lift. One only Previous speakers have spoken about the had to get in the lift and there they were. The public getting sick of the antics of politicians. figures on the cutbacks in waiting times for When he was Opposition Leader debating this elective surgery were all there, but with the way Bill, he used the antic of holding up a dummy waiting times have got longer, I bet the figures in Parliament. That was one of his favourite would not be put up now. stunts. He would also unravel a list of things With FOI and accountability, it would be and unroll a scroll. That was another of his nice to see some accuracy in reporting. There stunts, and it has been a Government of was a story in the Courier-Mail or Sunday Mail stunts ever since coming to office. The petrol last year about politicians travelling to the north issue was a great little stunt he thought up in the warmth. The article contained some when trying to find another $150m to snitch figures that had been obtained from the from somewhere else. He had already planned documents we have to table in Parliament. to raid the Auctioneers and Agents Fidelity Many documents tabled in the process of Fund and up the debt levels of a few port accountability do not accurately portray the authorities. The petrol issue was a good stunt activities of certain people. Opposition but came down with a thud. It was an absolute backbenchers' travelling expenses are there disaster because he had to backflip on that. I for all to see. The amount of travel undertaken wonder whether we will see another backflip by a Government backbencher can be totally tonight. Suddenly, in Government, it does not hidden because he has been involved in suit the Premier to do what he professed to be travelling with a committee with a Minister. It 19 Jul 2000 Freedom of Information Amendment Bill 2219 may appear that that backbencher may have regulations, make the calls and do the work? had only $500 worth of travel when in actual But, no! It is perceived that politicians have fact he has travelled in the Government jet or their snouts in the trough again by using their has had his accommodation paid for by MSB. mobile phones. However, the truth is that Therefore, that is not an accurate presentation politicians have an uncapped phone capacity of expenses. in their electorate office, are allowed a certain The article I refer to had a photo of a percentage of the use of their home phone beach and palm trees. It listed various and have an uncapped Telstra card they can members of the Parliament who had topped use. As my colleague the member for Keppel the travel bill. On this side of the House, said, he will revert to telephone boxes and use Russell Cooper and I topped the amount. his card, but that cannot be done when However, the article had a photo of swaying travelling to Brisbane. Mobile phones have to palm trees and beachside resorts. I was be used. alarmed at that because I could not remember It is time we stopped this myth and spending much time at a beach in the north. rubbish about politicians when most of them Listed under the picture of the palm tree were work terribly hard and see very little of their places such as Amby, Mungallala, Nanango, families. I like the job and am happy to do it. Yarraman, Morven, Augathella, Birdsville, One of the greatest joys of this job is being Bedourie and places such as that where one able to achieve something for the would be flat out finding a beach, a palm tree constituency. There are all sorts of esoteric and weather that suits tourists, but that is what arguments in this place. When members go happens. There is always a twist that comes home and someone comes in to see them, we with the story. can point them to a particular department and If journalists know that other get someone to help them out with a small parliamentarians have travelled in the problem. That is probably more satisfying to Government jet, that does not get mentioned. most members of Parliament than anything They never say, "These fellows must have else. worked pretty hard. They've actually spent The more accountability and the more most of their allocation and they've travelled FOI means that those issues will get twisted long distances. There's obviously been a lot of even further, and that is disappointing to car travel or plane travel between the points to members of this Parliament. If this Bill is go to this place, this place and this place over passed, perhaps the Government is terrified at a space of three or four days to make the visits having to show that members have had time they have made." There is never any to eat a meal. When members travel, they put recognition of that. Previous members of this in their expenses. That will show if members Parliament have stood up and bagged had steak and chips because they started at members of Parliament, the party system and six that morning and had gone until 9 or 10 at the Parliament. Half the trouble is that we night, or had gone to a restaurant with staff never get up and defend ourselves and talk and had a reasonable meal. Because that about the 80 or 90 hour weeks, the four days does not show that members had a couple of on the road where we ring home at half past Vita Brits to start the day and a couple of nine at night just to say hello and to keep in sandwiches for lunch, the judgment is that touch in between going to place after place, they are having a great time because they had taking notes and genuinely trying to do a meal with a bottle of wine. With more something for people. accountability and openness and with more This is similar to the mobile phone issue. information being provided, there is no doubt a It is different if members live in Brisbane and greater opportunity for situations to get twisted have access to unlimited phone calls in their out of all proportion. electorate offices. If members live away from Politicians are not supposed to talk about Brisbane but have to attend Parliament, party wage rises. I do not know that we will ever get meetings, shadow ministry work and various the right formula. As I recollect, there was no inspections for Estimates committees or other wage rise for members of the State Parliament committees, what are they going to do for the in 1996. It was zero. In 1997 it was zero. In two hours or more sitting in the car? Just sit 1998 it was zero. In 1999 it was zero. This year there and look at the Jersey cows on the way the tribunal has awarded, independent of us, a down and do nothing—waste two hours wage rise. From the media reports one would coming to Brisbane and two hours going almost think that what we got this year we got home—or are they going to sit there with a list every other year also. I am not saying we of messages of who to ring, put the headset should or should not have received the wage on so they are conforming to the traffic rise. We do not have any say in the matter. 2220 Freedom of Information Amendment Bill 19 Jul 2000

The independent tribunal determines what we Ministers. The way things are presented at the do or do not get. moment is very lopsided. The purpose of this If the reporting were truthful it would say Bill put forward by the Leader of the that members of Parliament received by way Opposition is to give the Government and the of a wage rise zero in 1996, zero in 1997, zero Premier in particular the chance to be truthful in 1998 and zero in 1999, while in 2000 they and honest—to back up and vote for the Bill received 6% and 4% six months later. We do he had put before the House. not see that kind of reporting. The thing that I Of course, this Bill does not interfere with think makes accountability more and more Cabinet confidentiality in any way. This Bill is difficult is that the more that is presented, the meant to preserve Cabinet confidentiality and greater is the opportunity for things to be it achieves that aim. It is designed to stop the twisted. Nevertheless, we do have an instances of truckloads or containerloads of obligation in modern politics to provide to our documents being wheeled through Cabinet, as constituents, the taxpayers who pay us—we we heard was the case under the Goss Labor are servants of the taxpayers—a system that is Government at the Mount Isa country Cabinet as open and accountable as possible so that meeting. All of the documentation applied for they can see that the highest percentage of under freedom of information was whizzed the tax they are paying into the Government is through Cabinet. No doubt a motion that the being used to provide them with services. supporting material had been noted was As I said at the outset, we have to get a passed—I presume they did something like bit of balance into all of this. I used to look at that—so that that material was then free from the number of staff tied up in FOI and think to the bounds of freedom of information. It is myself, "How many more operations could we those sorts of things that have become a conduct with what this FOI process is costing problem. us?" What is more valuable to society? How I think what the public wants and what this do you balance the need for accountability Bill provides is some accountability in relation and openness with the need to provide people to ministerial spending. This is a real test of the with a hip replacement or a knee replacement ethics and the genuineness of the Premier. It or something important such as that? is his Bill, word for word. I am sure that he has This Bill addresses the issue of material not changed his mind that much in two short being taken to Cabinet unnecessarily. years. I am sure he has not changed from a Estimates season is nearly upon us again. person of truth, honesty and genuineness to Anybody who has ever worked in a ministerial something else. Tonight is the real test of section of a department would know what is ethics. I hope we do not have to call in the involved in preparation for Estimates. In many ethics commissioner to adjudicate. I am sure places there are probably up to 30 people the Premier will say to his troops, "I was fair working for a couple of weeks in preparing dinkum and honest and a real, genuine answers to every possible question. That politician at the time. We should abide by it maintains accountability, but I again refer to and vote for this very good Bill that has been the need to find balance. Should those people prepared with great trouble by the Opposition be preparing all of this material or should they office." This Bill replicates the Bill introduced by actually be out there delivering some real the now Premier, so in that regard we look services—treating or caring for some forward to receiving the support of the Premier people—or should that money be used to and the Government for this Bill. employ medical staff, police, teachers and so Mr HOBBS (Warrego—NPA) (10.16 p.m.): on? I think we have to make sure we keep a It is my pleasure tonight to speak to the bit of balance. Freedom of Information Amendment Bill. This There are certain things people want to Bill highlights the hypocrisy of the Government, know about politicians. They certainly want to as has been spoken about tonight by a know what their expenses are. At the moment number of speakers. I think it is important to we have a lopsided system whereby people restate some things that have already been can quite easily see the expenses of said. If people in Opposition run around talking backbenchers, particularly those in the to people and saying what they will do in Opposition, and shadow Ministers, but there is Government and then just do not do it when Buckley's chance of finding out ministerial they get there, it is no wonder that the public expenses, the breakdown of those ministerial have a cynical view of politicians. Certainly, this expenses, the expenses of Government is no exception. backbenchers who have travelled and moved What the now Premier said in Opposition with Ministers or the phone bills and so on of is quite clear, yet when he got into 19 Jul 2000 Freedom of Information Amendment Bill 2221

Government there was no sign of this "Dear Mr O'Brien legislation. There are a few ways to interpret Re: freedom of information that: he did it deliberately, he did not really application 099(44). know what he was talking about or it was purely political so he decided to just throw it in I refer to your correspondence the air and see what happened. These are the regarding my Freedom of Information sorts of things that can come back and bite Application—099(44) where I have people. requested 'all documents pertaining to the potential financial and social impacts of all It is very important that all politicians, vegetation management guidelines in whether they are in Government or in Queensland.' Opposition, think before they open their mouths. We saw an example of the In relation to your request for further importance of that just the other day with the information I wish to advise that my leak in relation to the Budget. We saw a whole request means access to any document new definition of the word "spin". People get held by DPI that in any way, shape or cynical and they think, "There is a problem form relates to vegetation management somewhere. Let's try to get to the facts of it." and access to parts of documents that They then put in FOI applications to try to get deal directly with the financial and social to it. Those are the sorts of things that I impacts of vegetation management believe make the community cynical, and we guidelines. do not need that to occur. I trust this information is of assistance I have used FOI process just once, and to you." that was just recently in relation to the tree- That was on 24 January. I did not receive a clearing issue, which was very emotive. We reply. Nothing has come back. So we have had a lot of real concerns about the sincerity of FOI, but one cannot get anything under it the Government in relation to tree clearing. We anyway. I wrote again on 2 May stating— believed it was purely a political strike against "Dear Mr O'Brien the rural industry for the benefit of the Government, so it could get preferences from On the 24th January 2000 I wrote to the Greens. So we decided to press a bit you in relation to Freedom of Information harder on the issue and we found that there Request Application 099(44). To date I was a report done by the Department of have had no correspondence from you in Primary Industries on the social impact of tree relation to this request and I ask you to clearing on Queensland. For a while the advise me of the status of this request. Government denied that the report was Yours faithfully around until eventually it became clear that it Howard Hobbs" did exist. I applied under freedom of information for that report. What is the use of having FOI if it is not working? Mine was a simple request. It related Tonight I will outline the sequence of to tree clearing. It was not as though it was a events for members of the House. On 10 greatly dramatic issue. It was not about an December 1999 I wrote a letter for the individual. My request was not going to attention of Neil O'Brien, FOI coordinator, DPI, persecute someone; it was not going to put Brisbane. My letter stated— anyone in jail. It was purely a matter of "Dear Sir/Madam obtaining information that we felt was very Pursuant to the Freedom of pertinent to our industry. Nothing happened. Information Act 1992, I hereby apply for What I understand has occurred in the access to information held by the meantime is that the Government did a bit of a Department of Primary Industries. panic and took the report to Cabinet. I I request all documents pertaining to understand from the newspapers that that the potential financial and social impacts document has gone to Cabinet, but we have of all vegetation management guidelines not heard anything back from these guys. in Queensland. Nobody has told me in writing, "Sorry, we cannot provide the information for you Yours faithfully because it has gone to Cabinet." That has not Howard Hobbs ..." occurred. So there we are. It is just not I put my 30 bucks in as well. Mr O'Brien wrote available. FOI in Queensland is, in my only back and asked me to provide more experience of it, an absolute waste of time. information about what I wanted. I wrote back Governments bring these situations upon on 24 January, stating— themselves. I guess in many instances they do 2222 Freedom of Information Amendment Bill 19 Jul 2000 not always mean to do it and they get caught is that the Government is not really fair dinkum up in the process. That often happens. But I about this issue. It is not behind the issue suggest that most FOI applications are made strongly and fully. It is probably more a social for political purposes to gain some advantage bent that it is running on. for a particular person or party, which I did In many instances when people are myself. In my case, it seemed as if there were elected to Government, it goes to their heads no avenues left, so that is why we used FOI. It a little bit. There is an old saying that people is not something that I would normally use, as can't take corn. That is a fairly good analogy I mentioned before. FOI is often used by for a lot of people, and it applies to some newspapers to formulate stories and then to members of this place. I believe that the attempt to justify those stories and build them Premier has brought this situation completely into something quite dramatic. In many on himself. He promised the world. He got to instances, they are pretty ordinary stories. Government and could not and would not Sometimes they might snag on something; deliver. That is the problem we face. It is as they just jag it and away they go. simple as that. The Premier said that he was Predominantly not a lot of information comes going to do it. He got to Government and just out of FOI. did not do it. So he really does not deserve the If Governments gave confidence to the confidence of the people and he has let them community, there would not be a need for this down in that respect. type of legislation. We would not be wasting time tonight debating this legislation when we Earlier the member for Toowoomba South could be on a productive course talking about spoke about some of the issues connected jobs, dam building, power stations, our great with FOI. He talked about politicians' travel and rural industry, secondary industries, mining or their use of mobile phones. There is no doubt fixing native title. There are so many things we that we are fair game in the community, and could be talking about that are really we have to maintain the very highest productive, and here we are talking about FOI, standards. The public will not tolerate people in which does not really involve a wide section of the public arena having their hands in the till. our community. It is there, and it is important. I Obviously, I am also totally opposed to such acknowledge that FOI is an important part of behaviour. We must ensure that we do not government, and I guess we accept the reality place ourselves in those positions. But that it will probably be there forever. I am not sometimes the newspapers or our opponents here to try to change the course of justice or out there in the big world try to pick up a story say what we should do for democracy, I just and run with it. If there is nothing much else want to get on with the job. There are so many happening that week, the headline of the local things that we could be doing that are more paper or the major paper will be the issue they beneficial. Shouldn't we be trying to get our have picked up on, embellished with a few health workers back to work or fixing the more words here and there and a big headline waterfront or making Queensland great again? to make it sound and look bigger than it is. Add it to something else and away it goes In many instances the Labor Party has from there, and that is the best they can do for more interest in social justice issues than we a headline. That is the type of thing that do. I understand the philosophical bent that occurs. the Labor Party has for these types of matters. We acknowledge and accept the need for this The way I see it, FOI is a privilege, and it legislation. Government members espouse it should be viewed as such by those who wish in very strong terms, particularly in Opposition, to use it. They should treat the information with but once they get to Government, they back respect. away from it. It is a bit like the Attorney- Mr Purcell: You'll get on the front page of General. He is one of the great social the Courier-Mail! welfare—I cannot think of the terminology at the present moment— Mr HOBBS: I rest my case. That is the type of thing that happens. I just mentioned Mr Seeney: Campaigners. that scenario. The fact is that certain Mr HOBBS: He is one of the social information may be released, and the next campaigners of the century, but the reality is thing we know it is embellished—not just by that when it comes to his portfolio or his the Courier-Mail; it could be any newspaper. Government, he does not match up. He is There must be checks and balances in the never there; he is missing in action. This is system, but we cannot go overboard. We have another example. Where is he tonight? I think to gain the respect of the community. We I know where he is; he is down south. My point have to make sure that we do the right thing. 19 Jul 2000 Freedom of Information Amendment Bill 2223

One of the other issues relating to FOI is So many people out there are really trying their the cost to the community. There is an absolute best to hold things up. I really do not enormous cost. I have heard around the traps have a lot of time for those sort of people. I that in the Health Department there are about really wonder what benefit they get out of it. 12 people working full time on FOI. If that is They must get a kick out of it somehow or multiplied around all the different departments, another. Maybe they are bored and have one can begin to realise how many people are nothing else to do. engaged in this activity. In many instances, the By the same token, there probably are people applying for information—not all of cases when it is necessary. That is the point them, of course—have suffered injuries; they that I come to. I think it is so important that we may have loved ones who have been treated in Government set that standard to make sure badly in some way, but they are out to try to that we do the right thing by the community, get someone. They are out to try to sue so that they have trust in what we do and what someone. They are out to try to get something we say. If when in Government or Opposition back in some way and obtain a financial we say we are going to do something and benefit for themselves. There has to be justice, then we do not do it, we must tell people why and we accept and understand that fact, but we have not done it and what we intend to do. there are some difficulties in that area, Otherwise they become more cynical. It just particularly when it comes to compo lawyers. tends to make them more angry and One needs a ladder to get down to the frustrated. They do not believe us, so they level that those sorts of people are on. They want to try to find out what is the reason are out there encouraging people to sue behind the action, so they lodge an FOI and others. From what I understand, usually the all it does is make the whole situation worse. first thing they do is lodge FOIs and try to get I do not know how many people are all the information they possibly can from employed in departments to deal with these Government departments, councils or whoever applications, but there would be lots of them. If it may be. Then they try to use that information there are 12 in Health, for instance, when all to embellish the story. Away they go and the the other departments are considered, there next thing they are trying to win a case. We must be heaps. When councils and everyone have seen so many of these types of court else involved are added, the time involved in cases. There was one the other day where a processing FOI applications must be young fellow jumped off a fence adjacent to a absolutely huge. I suppose we could probably canal. Unfortunately he was hurt very badly. It draw the analogy of Paul Hogan's ads which is extraordinary that the people who were not have him throwing another shrimp on the even there look like they are going to lose the barbie and lying back and someone bringing case and will have to pay a huge amount of him a beer and so forth, and he says, "At least money in compensation to him when he I'm making work." I guess he is making work deliberately jumped off the damn fence. It was for someone, but these people lodging FOI his own fault. It was alleged that they did not applications are making work and officers are have a sign saying, "Don't jump in the canal." grinding it through, but at the end of the day is It just defies logic. Where are we going in the it really productive work? Is it productive? Is it world? We have people who are using FOI for what we need? Do we want that type of thing that type of thing as well. In the court case FOI to really progress Queensland? Do we want to would have been used to get council records hold Queensland back or push it ahead? and things like that. I think we have to have some That is another thing that really makes me accountability. We have to make sure that we wonder. Look at local authorities. They are out allow the people of Queensland to have some there all doing their best. In many instances, sort of access. We have to be fair dinkum the councillors work their absolute hardest to about it. I have already mentioned an try to get through business. Those councillors application I lodged a while ago. I put that in have to deal with FOI applications all the time. on 10 December 1999. In January they replied In many instances we wonder why there are and asked for some more information. I wrote delays. People say that they cannot get their back in January and I have not heard a developments approved and everything else. word—not a word. That is quite a long time. There are probably three or four FOI My one experience of FOI is that it has not applications on those developments, and so it worked, so I think it is a waste of time. goes on. There are people with vested interests; there could be the greenie who does The legislation before us today really not want it, the neighbour who does not want it should not be here. The Premier has said he or the "not in my back yard" type of scenario. was going to have this sort of legislation and 2224 Freedom of Information Amendment Bill 19 Jul 2000 really he should have enacted it. I do not Madam DEPUTY SPEAKER (Ms Nelson- necessarily agree that this is the way we Carr): Order! I ask the honourable member to should go, but the community is demanding stick to the bill. that we put some time and effort into being Mr SEENEY: I want to speak about the accountable. If this is one of the things that we process of debating private members' Bills. It is have to do, so be it. I will go along with it. I do relevant to the Bill because, despite the not necessarily mean that we should not do it. assurances that the member for Brisbane I think that if that is what the community Central gave the member for Nicklin in order to demands, that is what the community should attain the position of Premier, this whole get. I certainly would not want to stand in the process of which this Bill is a part has been way of that. I think that the Government really treated with absolute contempt and arrogance has to be very careful how it handles this. It by members on that side of the House has got to be able to go to the community and say that it has done the right thing by agreeing An Opposition member interjected. to this legislation that is now before us. Mr SEENEY: The Government has not I will leave it at that. With the current state one speaker to this debate. of freedom of legislation, I do not think that the I will now speak specifically about this Bill. Government deserves the confidence of the Like all other private members' Bills, it too is people. Really the Premier has got himself into being treated with absolute contempt. It will be a bit of a mess. defeated by the House because we all know Mr SEENEY (Callide—NPA) (10.36 p.m.): that the Government has the numbers, so the I appreciate the opportunity to join this debate result of this debate tonight is probably on the Freedom of Information Amendment inevitable. However, the fact that this Bill is Bill, especially following the extensive here for debate will mean that it will have contributions that have been made by my served its purpose of indicating clearly to the colleague the member for Warrego who community how low, despicable and dishonest immediately preceded me and the other this Government is, how shallow was its members of this side of the House who have performance in Opposition, how lacking in contributed to the debate. credibility it is now that it is in Government, and how completely lacking in shame they are that Could I take this opportunity to express they can oppose legislation such as this. my disappointment and disgust at the way members on the other side of the House have Madam DEPUTY SPEAKER" Order! The treated not only this private member's Bill but member needs reminding constantly that the debates on all private members' Bills that are Bill under debate is the Freedom of held on a Wednesday night of every Information Amendment Bill. I ask the member parliamentary sitting week. That there are few to stick to that Bill. members of the Government who are in the Mr SEENEY: Madam Deputy Speaker— House tonight is a clear indication of the Madam DEPUTY SPEAKER: No, those arrogance and the contempt with which they remarks in the beginning— view this process. It is a clear indication of the extent to which these people are serious about Mr SEENEY: I am speaking about this the roles which they purport to perform on the particular Bill. part of the people they represent. This whole Madam DEPUTY SPEAKER: No, you are concept of debating private members' Bills was not, and I ask that you do. a critical part of the promise that was given by Mr SEENEY: It encompasses exactly the the Premier to the member for Nicklin in order same proposition that the Premier proposed to attain Government and it has been treated when he was in Opposition. That is the crux of with absolute contempt by the members of the the point that I am trying to make. Government. The Premier's promise, like almost every other promise that was made— Madam DEPUTY SPEAKER: Could I ask that you show us how? Madam DEPUTY SPEAKER (Ms Nelson- Carr): Order! Could I remind the member that Mr SEENEY: That is a very valid point to the Bill being debated is the Freedom of make. It encompasses the same proposition Information Amendment Bill. Could I ask the that the Premier made when he was in member to keep to the Bill. Opposition. Now that the members of the Australian Labor Party sit on the other side of Mr SEENEY: I certainly will, Madam the House, their lack of integrity and their Deputy Speaker. I think I am entitled to make dishonesty is revealed clearly for all to see. some opening remarks about the— That is what will be exposed by this debate 19 Jul 2000 Freedom of Information Amendment Bill 2225 tonight as we become aware of the inevitable Similar shallow, shameful acts are clearly result of this Bill in this House. observable in so many other areas. They are I think that there is something of a observable in the Government's mantra of conspiracy in this place to prevent me from jobs, jobs, jobs, which everyone supports. That making some very valid points. However, I say is a motherhood statement; everyone supports that with some jest. As I was saying, this Bill more jobs. However, just like its so-called will be a test of the Government's credibility, commitment to openness and accountability, because it is about a proposition that the which this Bill seeks to test, and just like it will Premier proposed in this House when he was fail the accountability and openness test, the the Leader of the Opposition. When this Bill is Government will fail the test on so many other decided eventually, we will see the ultimate things about which it likes to make a lot of display of hypocrisy from the Labor Party noise, a lot of fancy speeches and a lot of Government. That is inevitable. However, the great press releases. The Government has a debate that we are having on this Bill tonight squadron of spin doctors. will serve its purpose, because it will illustrate Madam DEPUTY SPEAKER (Ms Nelson- the dishonesty and hypocrisy of the Carr): Order! I have asked the member for Government. Callide on several occasions to stick to the This Government has made a great deal topic, which is the FOI Bill. He has not done out of accountability. It has made a great deal that. This is my final warning. If the member out of so-called openness. However, in this does not do that, I will ask him to resume his case, as in so many others, the reality is vastly seat. Please stick to the topic, which is the FOI different from the rhetoric. Through this Bill, the Amendment Bill. That is my last warning. Government has the opportunity to Mr SEENEY: Thank you, Madam Deputy demonstrate its commitment to accountability, Speaker. As I have indicated, the point that I its commitment to openness and its am trying to make is that the inevitable defeat commitment to honesty. It is an opportunity for of this proposition will demonstrate to the this Government to demonstrate just how fair people of Queensland the dishonesty and the dinkum it is. We have an opportunity for the hypocrisy of this Government. I think that is a Government to prove that it can walk the walk. fair point to make. Inevitably, the Government will fail to do any of those things. Instead, the Government This proposition that is contained in the treats this debate with contempt, through a Freedom of Information Amendment Bill was lack of presence of Government members in put up by the now Premier when he was the Chamber and the frivolous manner in Opposition Leader. During this debate, no which it approaches this Bill, led by the deputy member opposite has denied that. At the Government Whip. This Government moment, no Government member in this demonstrates its arrogance in that it is not House is prepared to deny that by way of particularly concerned that, by defeating this interjection. Therefore, we can take it that the Bill, it will demonstrate clearly to the people of House is in unanimous agreement that that is Queensland its lack of accountability, despite the fact. We can take it that the House is in its continual rhetoric about its commitment to unanimous agreement that this Bill represents it. The Government will demonstrate to the a proposition that the now Premier proposed people of Queensland its lack of commitment to this Parliament when he was Leader of the to any degree of openness, despite its Opposition. Now we are going to see that continual rhetoric about how necessary and same proposition rejected by the person who how precious that openness is to it. The proposed it, because he has changed sides. Government will also demonstrate to the He no longer sits on the Opposition side of the people of Queensland its total lack of honesty House; he now sits on the Government side. in relation to this Bill, as it has done in relation So we will see this proposition rejected. We will to so many other Bills. see the ultimate expression of hypocrisy from a man who leads a Government that has Tonight, this Bill and its inevitable defeat made much of accountability, openness and will demonstrate in another small way— honesty. because this Bill is only one in a long line of examples—that so much of what this Indeed, those were the things that the Government is about is an act. So much of Premier promised the member for Nicklin so what this Government is about is a that he could attain the position of Premier. I performance—a shallow, shameful think that they are proper and valid points to performance. That shallow, shameful make during the debate on this Bill—a debate performance will in a small way be that has been and continues to be treated with demonstrated by the defeat of this legislation. absolute contempt by members opposite. This 2226 Freedom of Information Amendment Bill 19 Jul 2000 rejection of a Bill which contains a proposition Mr SEENEY: Madam Deputy Speaker, I that the Premier himself put up adds a great must protest. I am allowed to respond to deal to the cynicism in the community about all interjections. politicians. This type of hypocrisy, this type of Madam DEPUTY SPEAKER: Order! The dishonesty, adds immeasurably to that member will resume his seat. cynicism. That affects us all and, in that respect, the Government's rejection of this Bill Mr ELLIOTT (Cunningham—NPA) is despicable and contemptible. (10.51 p.m.): Interestingly, I note the lack of enthusiasm for the Bill from Government The Government's rejection of this piece members. The nub of the whole issue is the of legislation reflects badly on this Parliament. use of a device to escape public scrutiny of a It reflects badly on every member of this matter that should be accessible through FOI. Parliament. That hypocrisy, that dishonesty I refer to the taking of documents to Cabinet. and that unwillingness to adopt the levels of What it comes down to is what the former accountability and openness of which the Opposition said it would do when in Government has made so much can do Government. When it came into Government it nothing but lead to an increase in cynicism in claimed that we would see a wonderful the way we are all perceived by the people in transformation. My old mate the civil libertarian our electorates. It cannot do anything but and the Attorney-General and Minister for The exacerbate those unfortunate stereotypes that Arts is a lovely fellow when it comes to the affect each and every one of us in the job that Arts. I have been to a number of we have to do. Regardless of which side of the performances at the arts complex. He has House we sit on, it will make the job that we all always been polite and observed all of the have to do a whole lot harder. Whichever side niceties of Government. He has always of the House we sit on, we all serve our recognised former Ministers, including me. I constituents and we all do the same sort of find him to be a very pleasant fellow. However, work in our electorates on behalf of the people unfortunately, his wonderful civil libertarian who elect us. The rejection of this legislation philosophies did not follow him into this House and the hypocrisy that it represents will when he became a member. I used to watch undoubtedly add to the cynicism in the him with interest on television. He was always electorate and will make it a lot more difficult preaching accountability. for us to perform our role. Mr Springborg: He was doing it when I The freedom of information laws and the was in primary school. burdens that they place on many Government departments have been well outlined by the Mr ELLIOTT: The member for Warwick is numerous speakers who have preceded me in correct; he has been doing that for as long as I this debate. But they do not just affect can remember. But what did he do when he Government departments. They affect local came in here? One of the first actions that he governments. They affect all Government was a party to was the expunging of Hansard agencies right across the public administration records. In all of the time I have been in this sector of our State. They add a cost burden to place I would have to say that is the least public administration that has been clearly democratic, most disastrous action that illustrated by a number of speakers tonight. anyone has ever perpetrated in a democracy in the Westminster tradition. I have never seen Mr Reynolds interjected. anyone else do that and I cannot say that I Mr SEENEY: The question that we have have ever heard of anyone else doing it. One to ask ourselves is: what price is the wonders where the commitment is to FOI and accountability that the Government makes so to the principle espoused in this Bill. What has much of? How much is accountability and happened to it? It is a bit like snow in the openness worth to the people of Queensland? summer; it has disappeared. Mr Springborg: The member for The people at the bottom end of the Townsville is laughing. Warwick electorate love snow. Snow is a great tourist attraction. Unfortunately, it falls and Mr SEENEY: The member for Townsville, soon disappears. When I lived there, I saw it who likes to interject, would be the last person falling on the ground. That is exactly what on the Government side of the House who happened with respect to members opposite. could talk about honesty. They had a wonderful attitude towards Madam DEPUTY SPEAKER (Ms Nelson- accountability, particularly in relation to FOI. Carr): Order! My patience has run out. The They were going to come in here and change member for Callide will resume his seat. I ask it all. We were not going to see any more of the member for Cunningham— the nasty things that used to happen in the 19 Jul 2000 Adjournment 2227

Bjelke-Petersen era. They would never take Mr Wells: Expunging of what records? documents to Cabinet for the sole purpose of Mr ELLIOTT: I am speaking about the gaining protection from FOI! expunging of Hansard records. Was the My colleague of longstanding the Minister not in Cabinet at the time? member for Warrego outlined to the House Mr Wells: This has got nothing to do with chapter and verse an application that he freedom of information. made. I can almost recall the application Mr ELLIOTT: We are drawing an analogy number. He kept repeating it. It ended in "44". about principles. That application has been treated with contempt. As he said, it was not earth Mr Wells: That was on the shattering. It was not an FOI application that recommendation of the Director of Public was going to bring down the Government. Nor Prosecutions. was it going to result in some public servants Mr ELLIOTT: Was it? being sacked or a person being put in jail. An Mr WELLS: I rise to a point of order. That innocuous piece of information was being matter related to the prejudicing of a case sought under FOI. But, no, the Government before the courts. That is why the record was filibustered and mucked about. It appears that expunged by, if I remember correctly, the they have taken it to Cabinet for the express unanimous vote of the whole Parliament. purpose of ensuring that it cannot come out. Madam DEPUTY SPEAKER (Ms Nelson- Some Government members genuinely Carr): Order! Is this a point of order? believe in FOI. I am not too sure which ones Mr WELLS: What the honourable they are, but there are a few who would like to member is saying is offensive, and I ask that it think that they are honourable. A couple of be withdrawn. them have sat alongside me on the Scrutiny of Legislation Committee and the Public Madam DEPUTY SPEAKER: Order! The Accounts Committee. Some of them have honourable member will withdraw. expressed honourable principles. They believe Mr ELLIOTT: I will accept your ruling, as I in accountability and in working towards the always do, Madam Deputy Speaker. better good of the society of this State. Why When he was in Opposition, I heard the for goodness' sake will those people not stand Minister for Education espousing the view that up in caucus and say, "We committed FOI was a wonderful principle and that it would ourselves to FOI reform"? I note that the be one of the core planks of a future ALP Chairman of the Scrutiny of Legislation Government. Committee is chatting to some other An honourable member interjected. Government members who may still have a commitment to FOI. But what happened to the Mr ELLIOTT: As the honourable member commitment? As I said, it is like snow in said, hear, hear! But what have he and the Stanthorpe in that it tends to melt away when current Attorney-General and Minister for The the pressure is on. When their commitment is Arts done now in respect of the issue when it put to the test, they do not have the intestinal comes to the crunch and they have the fortitude to stand up for what they believe in. weights put on them in respect of the Bill before the Chamber tonight? What have they The Minister for Education is sitting done about it? They have said, "Sorry, when opposite. No doubt he is going through his you're in Opposition it's a great idea. But when correspondence. He would have a bagful of you're in Government it's not a lot of fun." We correspondence to go through, just as every all know it is not a lot of fun. No-one is other Minister who has held that job before suggesting that it is a lot of fun. But the him has. Where is his commitment? I recall his bottom line is that one would think that, if they making wonderful statements of principle in pledged to take a certain course of action in respect of this issue prior to coming into respect of a matter of principle like this, they Government. I would have thought that he would deliver when they came to Government. would have stood up for FOI and ensured that things were done ethically and according to Debate, on motion of Mr Elliott, the Westminster tradition. But, no, he got adjourned. involved in the expunging of records. So he, too, in common with our old civil libertarian ADJOURNMENT mate— Hon. T. M. MACKENROTH (Chatsworth— Mr Wells: What are you talking about? ALP) (Leader of the House) (11 p.m.): I Mr ELLIOTT: I am talking about the move— Minister's lack of commitment to FOI. "That the House do now adjourn." 2228 Adjournment 19 Jul 2000

State Archives I understand that changes were also Mr BEANLAND (Indooroopilly—LP) recently made by Education Queensland to (11 p.m.): Thousands of family historians school admission records. However, these will throughout Queensland are alarmed at the be available after 15 years, and this seems a State Government's recently imposed public sensible amendment that protects individuals' access restrictions on certain Queensland immediate privacy but still allows access after a State files stored at the Queensland State reasonable period. I also understand that Archives. These files were previously additional restrictions may have been placed accessible but have now been closed to the on police files of those involved in murder public. It is because they have now suddenly investigations, which were previously available been closed to the public that these family after 65 years. However, I understand that in historians have become concerned—most this case they are still available under FOI in alarmed indeed. certain circumstances. In particular they are concerned about the I ask that Dunwich and Eventide be recent restrictions imposed on the records of reconsidered urgently, particularly as an the Dunwich Benevolent Asylum and Eventide enormous degree of inconvenience and Sandgate after, I understand, 30 years had uncertainty is being created for these many elapsed from the date of the documents being thousands of people undertaking family history sought. This means that previously documents and research. Where the documents are going that were 30 years old were available to the to be covered, they are concerned, as I say, public, but that is no longer the case. that at the end of the day they will no longer The Dunwich Benevolent Asylum was be able to gain access to their relatives' history established on 13 May 1865 when inmates and historical information. They are so were first transferred to the Dunwich concerned that they are proposing to hold a quarantine station from the benevolent ward public meeting in the not too distant future. attached to the Royal Brisbane Hospital. When people such as the Family History Dunwich Benevolent Asylum continued to Society of Queensland and the Genealogical operate until it was officially closed on Society of Queensland, two of the major 30 September 1946 when inmates were bodies involved in the family history work, are gradually transferred to Eventide Sandgate, themselves up in arms and concerned about which was officially opened on the situation, one can well understand why 4 October 1946. The function of the Dunwich Government ought to be considering doing Benevolent Asylum as defined by the something about this. As I say, these Benevolent Asylum Wards Act of 1861 was to documents were available until very recently. provide for poor people who, because of age, After all, the Registrar General of Births, accident, infirmity or otherwise, were unable to Deaths and Marriages makes available birth care for themselves. In other words, it was a certificates, death certificates and marriage place to take in many of the folk who found certificates after 90, 30 and 60 years have themselves wanting at the time. Similar elapsed. That information has been available conditions for eligibility for admission to in a number of ways. The people involved in Eventide Sandgate were applied by the 1946 historical research are concerned because regulations under the Charitable Institutions they see that this could be the thin end of the Management Act of 1885. wedge and it may in fact apply to other As the records of this facility go to the very information and documents. So I ask the earliest days of the colony of Queensland, it is Government to urgently— only natural that members of the public Time expired. conducting family history research desire to continue to access these documents as they have done for decades. Many Queenslanders Bundamba Electorate would have relatives who were patients of Mrs MILLER (Bundamba—ALP) these institutions. Now they want access to (11.05 p.m.): Over the past few weeks I have their relatives' history as they have had until attended many functions in the electorate of very recently for a long period. In fact, they are Bundamba that are important in our local now concerned that, because of the closure of community. The two local Lions clubs have access to these documents, they will be up for held their changeover dinners. I was privileged considerable costs and will be denied access to toast Lions International at the at the end of the day. These days there are Camira/Springfield Lions changeover dinner. some tens of thousands of people doing this This Lions Club is very active in the sort of work, as I am sure you are aware, Mr Camira/Springfield community. I also attended Deputy Speaker. the changeover dinner of the 19 Jul 2000 Adjournment 2229

Redbank/Goodna Lions Club. Mr Des Savage Laotian functions and am grateful for their is the new president of this club and, with his support and their hospitality. team, including Tom Boyle, I wish them well in I also recently attended a Samoan church their future endeavours. The Redbank Lioness service where I was presented with a Club also had their changeover recently and certificate, beads and earrings on behalf of this group is devoted to women and also to their community. The church service was our local community and the electorate. wonderful and the singing of the congregation The opening of the extension of the in their language was a deeply moving Centenary Highway at Springfield was a great experience. I look forward to continuing to community event. The Premier, Peter Beattie, assist the Samoan community in the and the Mayor of Ipswich, John Nugent, electorate of Bundamba. opened the road by driving along in go-karts. Go-kart races were also held on the new The Ipswich Knights have held meetings extension, with the prize money being donated at the Ebbw Vale clubhouse to discuss to local charities. I was in one of those races proposals to build a big club on its front field and my chosen charity was the Woodcrest facing Brisbane Road. I know that many College. Unfortunately, being a rather slow, people in the Bundamba, Blackstone and safe driver and driving a go-kart in high heels, Ebbw Vale communities would welcome a new which I understand was a first, I was not club, but feasibility studies have yet to be successful in winning the race. Nevertheless, I completed as a first step. I will support them in was cheered on by the principal of Woodcrest their endeavours as soccer is a part of my College, Neville Smith, and I know that the family heritage. In fact, I played junior soccer school spirit was with me. at the Ebbw Vale field when I was in primary school. Last Thursday I was privileged to speak at the opening of Mission Employment in The Ipswich Cup was extremely well Goodna. It is one of three employment attended this year, with over 14,000 people in agencies in the area. I understand that it is the attendance. Many Ipswich people had a great biggest Mission Employment office in Australia day until the cup race when jockeys were and has many dedicated staff with the aim of injured and horses destroyed. It was a dreadful getting our local people jobs. The opening accident which I in fact witnessed. As a ceremony was well attended by community member of the Ipswich Turf Club, I wish the organisations, and all of us wish Mission jockeys well in their recovery. I understand that Employment well in their job placement and two are back in their racing saddles. training activities. Work is nearly completed on plans for the Last week I also officially opened the St Goodna Community Centre, and I understand Ives Shopping Centre extensions. It was one that construction will start shortly. The of the best multicultural occasions I have had community has pulled together to work well the privilege of attending. There were within the budget constraints. All community hundreds of people at the celebrations and, in organisations deserve congratulations on their the spirit of our local community, the support, assistance and valued contributions. extensions were welcomed by our local The planning of the new Collingwood Park traditional Aboriginal owners from Purga. There sports complex will begin soon in consultation were Aboriginal and Samoan dancers and the with the local community. The reference unveiling of community artworks amongst groups of the Department of Housing in other activities. Val and Judy, centre Riverview and Goodna are also working well. managers, and the owners of the centre, who Brian Bateman and Gary Mulholland are doing were in attendance, provided a spectacular a great job. opening celebration that somehow captured This week Dinmore State School students our local community spirit. To have private came to Parliament House. It has been enterprise working so closely with the several years since the students of Dinmore community was great, and I congratulate the have been able to come to the Parliament, owners and managers on such a culturally and it was great to see them. Dinmore is like a sensitive occasion. Perhaps the centre may little village in Ipswich. I will continue to take a consider this celebration as an annual event. special interest in this suburb. The community Working with the Laotian community has of Bundamba is moving ahead in leaps and always been a priority for me, and Phouterack bounds. We have a great local pride and work and friends are an important part of our local together for the benefit of all people in the community. I have been a guest at several Ipswich region. 2230 Adjournment 19 Jul 2000

Water Storage, Burnett River There are a couple of issues that I want to Mr SEENEY (Callide—NPA) (11.10 p.m.): mention which are contained in this document Tonight I want to talk about the draft water and which have been raised in public meetings allocation and management plan for the held to consider this document and will Burnett River basin, which is encapsulated in a continue to be raised before this draft document. The amount of money it took to becomes finally agreed upon. One is the produce this document could have built a equity within the system. If we listen to some small dam on the Burnett River. Its delivery statements made by the member for has taken four years. It has been the cause of Bundaberg in the local press, one would think a freeze on any water infrastructure in the that the only place irrigation water is needed is Burnett River valley and a moratorium on all within the electorate of Bundaberg, which is at irrigation licences, both of which have caused the mouth of the Burnett River. problems for many irrigation farmers and Even though she is not in the Chamber irrigation communities in that area. tonight, I recommend that the member for The money expended and the time Bundaberg look at the map provided in this wasted on this document has proven what document of the Burnett River catchment. It is everybody with an ounce of local knowledge a huge catchment. It extends to Monto in the knows—that there is a huge potential for north, west to Murgon and Wondai in the irrigation development in the Burnett River South Burnett. Many communities in that valley. There is a huge potential to build catchment are desperate for extra irrigation environmentally friendly and sustainable allocation and desperate for the economic irrigation infrastructure in that area which will activity that that irrigation infrastructure will add a great deal to the economic activity of bring. The question of equity within the system places such as Mundubbera, Gayndah, is one that will have to be resolved before any Monto, Biggenden, Murgon and those irrigation infrastructure is built. As the member communities which badly need that economic for Bundaberg has alluded to, it is totally boost. unthinkable that only one particular piece of infrastructure will be built to provide water for This document sets out three potential the area of the catchment that she represents. scenarios for that development—scenarios X, Y and Z. Scenario X has an extra yield figure There is enormous potential in the Central of between a minimum of 52,000 megalitres Burnett and the South Burnett for the same and a maximum of 73,000 megalitres. type of irrigation development for the industries Scenario Y uses a figure of 88,000 megalitres that are already there but which suffer from a as a minimum and 110,000 megalitres as a lack of irrigation water to expand the maximum. Scenario Z uses a maximum figure opportunities and the potential that they so of 170,000 megalitres. I and many people who obviously have. This is an issue that I and have a knowledge of the Burnett River system many other people from the Central, North and contend that all of those scenarios are far too South Burnett will pursue as this document is low. The environmental flow limits used in this considered through its public meeting stages document make a mockery of the process. and before it is finalised. The environmental The most telling figure is the mean annual flow flow limits certainly represent a constraint on at the mouth of the Burnett River, with the the development potential that we all know environmental flow level being set at 82%. exists. They, too, have to be adjusted to a more reasonable level. Nobody disputes the fact that there needs to be a balance between water that is used for irrigation and water that is allowed to run to Harmony Park sea for environmental reasons. But to set an Ms NELSON-CARR (Mundingburra—ALP) environmental limit that has 82% of the (11.15 p.m.): Tonight I rise to speak about two available water running to sea with only 18% recent celebrations in Townsville—celebrations available for irrigation throughout the which have once again hailed Townsville as a catchment is quite simply absurd. Nobody city of the future, a city which embraces disputes the fact that we should avoid the multiculturalism and reconciliation in such a situation that has arisen in the Murray-Darling way that places it in line with modern thinking system where effectively the river does not flow cities which hail diversity, peace and harmony. at all. This proposition swings the pendulum Let me first begin with the official unveiling of too far. It is an overcautious proposition and it the Unity in Diversity monument in Harmony will constrain the type of irrigation development Park, Townsville. This monument was built as that is badly needed in that particular area of a symbol of living in harmony and was Queensland which I am proud to represent. instituted and coordinated by the Migrant 19 Jul 2000 Adjournment 2231

Resource Centre in Townsville. It became a Letters were sent to all foreign embassies symbol of cooperation and harmony in which in Canberra with a request for a small amount the entire community took part. of soil and, if possible, a visit by a representative of the embassy to pour this soil In order to build a monument as a symbol into the monument. Ten ambassadors from of living and harmony, a place to build the Canberra accepted the invitation to attend the monument had to be secured. After meeting ceremony, with a further three ambassadors with Mayor Tony Mooney from Townsville City nominating representatives from north Council and discussing the project of a Unity in Queensland ethnic communities. The official Diversity/Living in Harmony flowerpot unveiling of the Unity in Diversity monument monument, the Townsville City Council was held in Harmony Park on Friday, 30 June. donated a piece of parkland on the corner of Some 52 samples of soil from the various Rose and Warburton Streets, North Ward. The foreign embassies and indigenous soil from park was named Harmony Park. An Townsville and Tasmania were poured into the inauguration of Harmony Park was monument by ambassadors, nominated commemorated on 13 August 1999. The representatives and Townsville/Thuringowa parkland was blessed and the project was ethnic community representatives. welcomed by representatives of two indigenous groups—Mr Michael Johnson from Children from various the Wulgurukaba tribe and Mr David Townsville/Thuringowa ethnic community Smallwood from the Bindal tribe. Plans were groups assisted the ambassadors and drawn up by Walter Smith and Associates Pty representatives with the soil. Mrs Evelyn Scott Ltd for the design of the park, with the plans gave the keynote address to the audience and being approved by the Townsville City Council. released seven white pigeons for peace and Plans for the construction of the flowerpot were harmony. The monument itself was a long and drawn up by Peter Janstrom Architects and laborious component of the project which once again approved by the Townsville City involved over 1,000 volunteers, school and Council. university students, service providers, private businesses and community members who Builders were contacted and quotes were shaped and cut, distributed and glazed, fired received for the construction of the monument. and installed the clay tiles onto the monument. A number of builders and suppliers were also Over 50 foreign embassies sent samples contacted with a request for sponsorship for of soil to be poured into the monument, and a the construction of the monument or materials number of foreign ambassadors agreed to for the monument. Many sponsors assisted take part in the official unveiling. Twelve with the construction of the flowerpot. A large months after the launch of the project, the amount of terracotta clay was donated to the Unity in Diversity monument now stands proud project by Townsville Art and Framing and as a testimony to the Australian nation of north more than 1,000 clay tiles were cut from this Queensland's commitment to the ideals of clay by students and participants in the multiculturalism and racial harmony. Learning Through Working project during their The more recent NAIDOC Week, of which work experience at the MRC. the member for Townsville spoke earlier this School, ethnic community and religious week, is testament to a further enrichment of organisations, community agencies, harmony and reconciliation in our fine city. Government and non-Government Commissioner Jenny Pryor, Councillor Eddie departments and organisations were Smallwood and chair of the local NAIDOC contacted with regard to inscribing a message 2000 committee, Angie Akee, are to be of living in harmony and unity in diversity on commended for their hard work in ensuring these tiles. Approximately 300 tiles were that Townsville be the city to showcase distributed to schools and the remainder to NAIDOC Week across Australia. It was a huge organisations, agencies and departments, with success. the tiles then being returned to the MRC for From the initial Walk for Reconciliation, glazing. Many potters were then approached beginning in Thuringowa on day one of for sponsorship for the firing of the terracotta, NAIDOC Week, to the NAIDOC ball held in the which was a major job. Townsville City Council Townsville Entertainment Centre on Saturday, parks department workers filled the gardens 8 July, we saw a coming together of a with soil, planted over 200 colourful plants, community which acknowledged how paved a pathway around the flowerpot indigenous people had triumphed over monument and laid turf to the immediate area adversity to overcome all sorts of obstacles around it. An automatic sprinkler system to and had come together in unity with the water the plants was also put in the park. Townsville people at large. Indigenous 2232 Adjournment 19 Jul 2000 representation in the north is very high, and it fears were realised with massive losses of the is with pride that I not only congratulate those crop tonnage and sugar experienced as the involved in the NAIDOC celebrations but also processing of the crop moved forward. In my walk with all those sisters and brothers in own mill area of Plane Creek in Sarina, the Townsville in harmony and peace. estimate for this year's crop was around 1.8 million tonnes. Now, after just a few weeks of crushing, the expectation is more in the region Sugar Industry of 1.1 million tonnes—almost 700,000 tonnes Mr MALONE (Mirani—NPA) (11.20 p.m.): less—and with a very substantial reduction in Tonight I wish to bring to the attention of the sugar content. This is disastrous for the mill Parliament the terrible plight of the sugar areas right throughout Queensland. industry in Queensland. In 1998 there were This scenario is being repeated severe adverse weather conditions, with very throughout the sugar growing areas of unseasonal heavy rain during August and Queensland. There are huge losses for both September, a time of the year which is farmers and millers, with major impacts on the normally dry for planting the new crop and regional communities throughout north harvesting standing cane. Queensland. For example, machinery dealers In some areas the plant crop totally failed, are conducting hardly any sales. In the retail and farmers in other areas replanted up to area, shops are closing. There is rising three times at a huge cost in an endeavour to unemployment. The list goes on. The practical get a crop. Adverse harvesting conditions effect is that a season that normally runs for continued for the rest of the year, and many more than 25 weeks could this year be over in paddocks were destroyed by growers trying to less than 15 weeks. This represents an harvest in wet conditions, which meant the enormous loss in employment throughout the ratoon crop also failed or was substantially industry. reduced. The Federal Government currently has an In the end, a vast amount of cane was assistance package for the sugar industry left in the paddock because of the impossible before it. I have made many representations, harvesting conditions in the hope that it would urging John Anderson and his colleagues to stand over in the paddock for harvest in the come to an early decision on this matter. following year. Unfortunately, this proposal was However, I must ask: where is the Queensland faulty and the standing cane in 1999 was a Government? It is lost in action. We have disaster, with low sugar content and tonnages. heard not a peep from it. Where is the Primary Not only that, but the vermin rats found that Industries Minister? He is also lost in action. He the standover cane provided a tasty meal and is too busy putting together unnecessary, a place to breed. Huge losses were unwanted reform of the industry, but is silent experienced and the rats continue to be a on any support for an industry devastated by major problem in the field, even this year. three disastrous years. In their wisdom, EPA officers have In previous years the Queensland imposed draconian methods of controlling the Government has been the leader in support pest, leaving farmers exposed to disease for short-term, repayable loans, and the when rebaiting bait stations within the crop. Federal Government has always come in Many farmers have been affected by life- behind with equal support. It must be recorded threatening diseases. It is about time Minister and remembered that the industry has always Welford—my mate—got a bit of background repaid any financial support with interest, and and got some results in this effort. Even at this this time will be no different. It is blatantly stage, more than $20m lost in the central obvious that the Queensland Government is district of Mackay seems inevitable. more occupied with building super stadiums, raiding port authorities and working out slick There is still no effective measure for strategies to sell sick Budgets and so on than control of rats in sugarcane. Numerous farmers with helping productive battlers in regional are absolutely desperate as they watch their centres. crops being destroyed. In a further kick to the embattled industry, the most important productive variety, Q124, has been affected by Neighbourhood Watch orange rust disease, which has decimated the Dr CLARK (Barron River—ALP) crop. Some farmers have almost 100% of (11.25 p.m.): On Saturday, 15 July I joined Q124 on their farms. some 250 members of the Queensland With the beginning of the crushing Neighbourhood Watch movement at the season just under way, those farmers' worst annual rally held at the QUT Carseldine 19 Jul 2000 Adjournment 2233 campus. I attended in my role as area meeting of Holloways Beach, held last year, coordinator of the Freshwater Neighbourhood and I am looking forward to the 10th Watch scheme. I know that it is unusual for anniversary of the Machans Beach scheme MLAs to hold this office, but I helped to later on this year. reinvigorate my local Neighbourhood Watch Charles has produced some 86 scheme in 1997 prior to re-entering Parliament newsletters for both Machans Beach and and my committee now just will not let me Holloways Beach over the years and is resign. I appreciate the opportunity, though, to currently in the process of developing a continue to serve my local community in this regional newsletter for the far-north region. In way as it keeps me in touch with grassroots 1998 Charles was invited to become a views. member of the Cairns City Council Safety I must admit to having a particular Committee and to represent the regional motivation in attending this year's rally, Neighbourhood Watch committee, of which he because Charles Williams, a highly respected has been a long-term member. Last year he member of the Neighbourhood Watch became the Neighbourhood Watch adviser to movement from my electorate, was to receive Chief Superintendent Conder to provide a the community member award for the far-north regional perspective for Neighbourhood region. In addition, every year one of the Watch. regional award winners is selected as the State Neighbourhood Watch member in recognition Charles also chairs the Marlin Coast of their exceptional contribution to the Police Community Consultative Committee, Neighbourhood Watch movement. Having recently renamed the Marlin Coast Community seen Charles in action over many years I was Forum, which I helped to re-form after my re- convinced he would be a very worthy recipient, election. In the last year the committee has but as I listened to the achievements of the involved itself in supporting youth recreational many other regional winners I realised that our activities, in partnership with the police, and I Charles faced very tough competition. I held thank Senior Sergeant Tim Nolan from the my breath as the winner was announced, and Smithfield Police Station for his support. The I am not sure who was more excited—Charles committee has also organised community or me—when he was called to come forward meetings on such topics as youth crime, and receive the annual State Neighbourhood suicide, drug use and gambling to foster Watch member award for the year 2000. He informed community debate and involvement. was indeed a most worthy winner. There is no question of the value of Charles Williams, who will be 80 next Neighbourhood Watch and its contribution to month, is a very special person whom I value the relatively low crime rate in the Marlin Coast as a friend and adviser. I will briefly outline and in the Cairns suburbs in my electorate. I some of his achievements. He served the place on record my appreciation of the work of Neighbourhood Watch movement selflessly for all the Neighbourhood Watch groups in my a decade and still spends several hours every electorate. Charles, currently the coordinator of day on various Neighbourhood Watch tasks, Neighbourhood Watch in Machans Beach, is despite being in poor health. He helped obviously exceptional, but Theresa Cairns of establish the Machans Beach Neighbourhood Holloways Beach, Ian Stephens or Yorkeys Watch scheme in 1990, when he became the Knob, John Brittain or Kewarra Beach, George inaugural treasurer and a block coordinator. Laws of Edge Hill and Janet Walder of During the last 10 years he has lived at both Whitfield all deserve our thanks for their Machans Beach and the neighbouring commitment and service to the community. community of Holloways Beach and has held Neighbourhood Watch is a partnership the positions of area coordinator, zone between the police and the community and I coordinator and newsletter editor for these also express appreciation of the efforts of all Neighbourhood Watch schemes, which have the police in their role as police liaison officers been held up by the police as model schemes. who support Neighbourhood Watch, often in Charles recently merged the their own time. In particular I acknowledge Neighbourhood Watch annual general Sergeant Caroline Barker of the Cairns police meetings for both Machans Beach and for her role over very many years in supporting Holloways Beach, with support from these Neighbourhood Watch. I also commend and communities. This initiative, which has resulted give my best wishes to Peter Van Vree, who is in better communication, strong networking, the State coordinator for Neighbourhood quality support and swapping of information Watch, who after many years is finishing duties between the two communities, has been very in that role and moving on. There are so many valuable. I enjoyed the 10th annual general valuable contributions made by the police and 2234 Adjournment 19 Jul 2000 community to Neighbourhood Watch. It has been my pleasure to be involved with that particular organisation. Motion agreed to. The House adjourned at 11.30 p.m.