20 Mar 1997 Ministerial Statement 669

THURSDAY, 20 MARCH 1997 years. The commission found that, based on the policies, practices and planning assumptions current at the time, there is an in- built trend to a progressive deterioration of the Mr SPEAKER (Hon. N. J. Turner, Nicklin) general Government operating result which, if read prayers and took the chair at 9.30 a.m. unchecked, could reach a deficit of $2.7 billion by 2005-06. To prevent this potential trend PETITIONS eventuating, it is necessary each year, year The Clerk announced the receipt of the after year, to implement strong short-term following petitions— fiscal discipline. For example, the action that Banyo Police Station was necessary to balance the 1996-97 Budget was typical. But it is clearly not reasonable or From Mr Roberts (1,649 petitioners) sustainable for Queenslanders to bear tax requesting the House to immediately upgrade increases or cuts in services every year into the Banyo Police Station to a community the foreseeable future. Nor would it be policing project with increased resources and responsible for the Government to run deficit staff. operating Budgets or to strip capital from its Adoption Laws business undertakings for recurrent purposes. From Mr Stephan (91 petitioners) We have to seek viable long-term solutions, requesting the House to (a) repeal the such as those suggested by our Commission objection to release of information clause and of Audit. (b) repeal the objection to contact clause In Queensland, we should all be proud of thereby granting all pre-1991 adoptions the the fact that, over the long term—over many same rights as post-1991 adoptions. years—Queensland Governments have built up a strong balance sheet. Our State's net worth, as estimated by the Commission of K mart Site, Chermside Audit, is over $51 billion. This equates to From Mr T. B. Sullivan (170 $15,600 for each Queenslander. That is, in petitioners) requesting the House to abandon simple terms, each Queensland citizen has an the proposal to construct a fire station on the investment in the State's public schools, old K mart site at Chermside. roads, hospitals and so on of over $15,000. By comparison, in New South Wales the reported net worth per capita is about Freight Rail Line $11,400, and in Western Australia it is From Dr Watson (170 petitioners) estimated to be about $10,700. On the other requesting the House to reject the plan to hand, in Victoria it is estimated at about establish a freight rail line along the southern $1,400. That is a tenfold difference from the bypass and Gateway Arterial corridor because position in Queensland. of the considerable environmental and Mr Speaker, to fully appreciate amenity problems this would cause. Queensland's position, you may note that if Petitions received. Victoria were to have the objective of matching Queensland's net worth per capita then it would have to increase net worth by saving MINISTERIAL STATEMENT through running a persistent operating surplus. Long-term Budgetary Outlook If Victoria chose to match Queensland's Hon. J. M. SHELDON (Caloundra— current per capita net worth with, say, a poll Deputy Premier, Treasurer and Minister for tax generating an annual target surplus of, The Arts) (9.33 a.m.), by leave: As usual, the say, $100 per Victorian, then it would need to 1997 State Budget is being framed in difficult continue to do this each year, year after year, financial circumstances. As honourable for well over 100 years. members are aware, a common criticism of The bad news for Queenslanders is that Governments is that they concentrate on our investment as Australian citizens in the short-term pressures and ignore the long-term Commonwealth Government is estimated to implications of their decisions. To help to be negative $4,100 per person. Not only that, address this problem, this Government set up it is getting worse. The Commonwealth should the Queensland Commission of Audit last not concentrate on seeking to improve its year, and, amongst other things, asked it to position at the expense of the States. Indeed, project the State's Budget position out 10 it is clearly time that the Commonwealth 670 Ministerial Statement 20 Mar 1997 should look to long-run reform by getting out businesses to help their older customers by of its duplication and interference in areas of offering discounts to people living on fixed State Government responsibility and working post-retirement incomes to help make an constructively to increase responsibility, active life more affordable. In return, accountability and flexibility by transferring businesses are recognised within the existing growth taxes to the States. community as good corporate citizens and This State, through its building up of such benefit through attracting increased numbers a strong net worth position, together with its of older customers and greater customer maintenance of low taxes over a very long loyalty. period of time, has proven that the policies of Until now, advertising through the Seniors State Governments can be responsible, Card Statewide Directory was the only way to disciplined and effective over the long term. It help the business community to reach this is time for the Commonwealth and the States older market. This is set to change. Soon, the as equal partners to review their expenditures Seniors Card, through my department's Office and revenues and to rationalise roles and of Ageing, will offer private and public responsibilities. This is becoming more widely companies the opportunity to sponsor some of recognised, and I am pleased to note the the resources and activities being developed strong and constructive suggestions in the to meet the needs of the mature age group. Courier-Mail's editorial of 12 March that— In the next 10 years, this group is expected to "Indeed, there is a compelling case have the fastest growth rate. In Queensland, for the Commonwealth to vacate the the number of people over 75 years will health and education portfolios and increase more than twice as fast as the total completely devolve the roles and population. This will result in a greater demand responsibilities." for information and services for older people from departments such as Families, Youth I agree with this and would go further: the and Community Care. Commonwealth must not only cease its wasteful duplication of State responsibilities To keep pace with this demand, the but must also devolve the accompanying Office of Ageing and Seniors Card will revenue powers. For example, the establish a sponsorship program which will Queensland Commission of Audit proposed enable new or expanded activities to be that the Commonwealth should vacate the undertaken at a minimised cost to taxpayers. fields of wholesale sales tax and petroleum All revenue obtained from sponsorship excise and allow the States to take up these arrangements will be used to support the work existing tax bases in exchange for an of the Office of Ageing and to fund increased equivalent reduction in Commonwealth grants. community-based initiatives. A sponsor will be The States are playing their part within the sought to enable the Seniors Card Statewide limits of current Commonwealth/State Directory to be mailed direct to all card holders arrangements. It is certainly high time and for the first time. This will provide real customer overdue for the Commonwealth to agree to a service benefits to the majority of older new Federal compact with the States. Queenslanders, increase the appeal of the Seniors Card and encourage greater usage, especially in regional areas. Increased liaison MINISTERIAL STATEMENT with private enterprise through sponsorships Seniors Card Sponsorship will promote more positive attitudes towards ageing in both the business sector and in the Hon. K. R. LINGARD (Beaudesert— community at large as business gears its Minister for Families, Youth and Community Care) (9.37 a.m.), by leave: As members products, services and advertising campaigns would be aware, the Seniors Card provides an to higher age groups. The Office of Ageing will opportunity for the Queensland Government encourage positive images of older people in and business sectors to work together to advertising—images that reflect the diverse life benefit the older members of our community. experiences of seniors as intelligent, active The Seniors Card Business Discounts Scheme and useful. Successful sponsorships will also provide a cost-efficient way to update the is a good example, with more than 1,300 Seniors Card mailing list and provide private business operators now offering opportunities for value-added benefits to discounts and special services to over 310,000 Seniors Card holders. Seniors Card holders throughout the State. As part of this scheme, the Seniors Card, which is In developing sponsorship plans, the administered by the Department of Families, department has had regard to legal advice, Youth and Community Care, encourages CJC sponsorship guidelines and the data 20 Mar 1997 Ministerial Statement 671 protection principles outlined by the Queensland has matched Victoria's annual Organisation for Economic Cooperation and investment growth of around 11%. Capital Development. In addition, consultations with investment in Queensland last year jumped $2 older people have been held and their billion on the previous year to $5.3 billion. suggestions have also been incorporated. All appropriate measures have been taken to Access Economics found that ensure that Seniors Card holders' privacy is Queensland is a national leader in project protected, that card holders are not subject to development. New projects were valued at an excessive amount of special offers and that $25.6 billion, an increase of 10% over the card holders have the opportunity to choose to previous period. NSW had an 11% decline, be excluded from these special offers at any and Victoria had a modest increase of just 3%. time. Queensland is also the national leader in property development, with 25% of all property Today we can expect to live longer and projects. be healthier and more active in our senior years than at any time in the past. Therefore According to Access Economics's latest my department, through the Office of Ageing, five-year business outlook, Victoria's economy is helping to provide benefits and bonuses for is actually forecast to slow in terms of both our seniors. output and employment growth. It is also forecast that Victoria's manufacturing industry will decline and that its high-profile "rabbit out MINISTERIAL STATEMENT of the hat" staging of sporting and cultural Queensland's Economic Performance spectacular events is coming to an end. On the other hand, Queensland's economic Hon. D. J. SLACK (Burnett—Minister outlook is very positive, with growth over for Economic Development and Trade and coming years expected to exceed the national Minister Assisting the Premier) (9.41 a.m.), by average. leave: It is time for Queenslanders to be positive and to again shout the praises of We can look forward to improvements in Queensland as the nation's economic the housing industry and capital expenditure development leader. For too long we have combined with a significant rural recovery allowed the self-promotion of a certain following the drought. I also invite honourable Victorian Premier to grab the headlines and members opposite to join with me and my the public's attention. Allow me to lead the Government colleagues in shouting to the rest revived Queensland cheer squad. There is a of Australia and to the world that Queensland lot to cheer about and there is a lot of good is back in business and is the true growth news to bolster the confidence of the business State of Australia. sector. Victoria is not Australia's growth State. I repeat: Victoria is not Australia's growth State. MINISTERIAL STATEMENT Queensland is Australia's growth State, and Delegation from Hebei Province, China the figures bear it out. Recently, I asked my department to analyse growth claims by the Hon. B. W. DAVIDSON (Noosa— Victorian Premier that his State's economy Minister for Tourism, Small Business and had grown by 20% during the last five years. Industry) (9.44 a.m.), by leave: I am pleased That particular Premier should be aware that, to inform the House that on Tuesday the according to Bureau of Statistics figures, Premier and I met with Mr Chung Weigao. Mr Queensland's gross State product has grown Chung is the senior Government figure in by 22% in that time. This compares with Hebei Province in China. He is also the leader Victoria's real growth of 17%. of the delegation for International Economic Cooperation which accompanied him on his Queensland has outperformed Victoria in visit to south-east Queensland on Monday jobs creation, too. Since 1992 employment in and Tuesday. During its stay, the delegation that State grew by 7.3%; Queensland jobs was treated to a few of this State's exceptional grew by 14.8%. In the last quarter alone, tourist attractions. It was very impressed, but it Queensland generated 27,000 new jobs. was even more eager to get down to business Nearly 8,000 more Queenslanders were with the private sector and the Government of employed in February under this Government. this State. I welcome Access Economic's forecast of continuing high jobs growth in Queensland. I would like to place on record my thanks Whilst we hear much about Victoria's boom in to the officers of my department who hosted business investment, the facts are that the visit by Mr Chung and his delegation. 672 Ministerial Statement 20 Mar 1997

Thanks to their efforts, more than 100 MINISTERIAL STATEMENT Queensland business people had the chance Year of Training to meet and explore business opportunities in Hon. S. SANTORO (Clayfield—Minister Hebei with the delegation yesterday afternoon. for Training and Industrial Relations) They were able to discuss the enormous (9.47 a.m.), by leave: A highly skilled work range of business opportunities available to force is essential if Queensland enterprises Queensland business in Hebei Province. and industries are to succeed in an Those opportunities range from areas such as increasingly competitive marketplace and textiles and clothing to food processing and create employment opportunities for agriculture. Queenslanders. While Queensland's Hebei has an immense population of 65 vocational education and training system million people, including a rural population of already makes an enormous contribution to about 50 million people. This Government, in the State's skills base, there is considerable partnership with the Queensland business room for improvement—a view which is community, has taken the first bold steps supported by findings of the Queensland towards tapping this huge market. Along the Commission of Audit. way we have made some great friends in the Furthermore, in response to the express Government of Hebei Province. I am proud to concerns of many organisations in the inform the House that, at a ceremony vocational education and training sector, I yesterday, the Premier and I witnessed a deal commissioned Professor Ken Wiltshire of the signed by Mr Chung and the owners of University of Queensland to undertake an Underwater World at Maroochydore. The deal investigation of the contemporary issues and is worth over $20m. challenges confronting vocational education and training. Professor Wiltshire's report, Hebei Province is building the largest Factors Affecting the Training Market in aquarium in the world. Cutting edge Queensland, confirms the Government's view technology developed by Underwater World in that reform of Queensland's training system is Queensland will be exported to Hebei. now an imperative. Underwater World will also supply training and On 14 February I formally launched 1997 fish stocks to this massive project. The as the Year of Training for Queensland. The delegation from Hebei showed its recognition Year of Training commits the Government to a of the outstanding investment environment substantial reform program for vocational which exists in Queensland by announcing education and training in 1997. The Year of yesterday that Hebei will open an investment Training initiative will lay the foundation for office in Queensland. Mr Andrew Lee, a realising the Government's vision of creating a Queensland resident of 10 years' standing, diverse, competitive—and above all—world has been appointed by the Government of class vocational education and training system Hebei as its agent in Queensland. for Queensland. On Tuesday night, the Minister for As part of this reform process, in 1997 the Training and Industrial Relations and I hosted Government will rewrite the Vocational a dinner for the delegation. At that dinner, I Education, Training and Employment Act accepted an invitation to visit Hebei on behalf 1991 to make it more relevant to industry's of the Government in July this year. This visit needs. Examination of the legislation has will present another excellent opportunity to disclosed many areas where reforms are cement the important relationship that has required to ensure the efficient and responsive been forged by the Government and my delivery of vocational education and training. department this week. The great benefits In particular, six significant issues have been which Queenslanders have gained through identified for legislative reforms— this visit and the great benefits which will the structure of advisory bodies; accrue to Queenslanders in the future through the regulation of the structured training this relationship with Hebei Province underline system; this Government's commitment and ability to industrial relations provisions to exploit major business opportunities for this complement the Workplace Relations Act State. The Government has demonstrated 1997; once again that, when it comes to creating investment opportunities for Queensland, the industry placement legislation; coalition delivers. When it comes to creating a the role of TAFE in a competitive training better business environment in Queensland, market; and the coalition delivers because it knows how to separating the regulator from the do business. provider. 20 Mar 1997 Ministerial Statement 673

These reforms are necessary to remove the The Government will also develop a impairments caused by the lack of flexibility vocational education and training disability and the complexity of existing legislation. strategy. There is a significant unmet need for In addition, a range of major initiatives will training with vocational outcomes for people complement the legislative reform process. with a disability. The Government has These include the TAFE—Working Better commissioned the preparation of a disability Together strategy. Last year, honourable strategy which will establish principles, members will remember that I announced a objectives and strategies for increasing package of improvements to TAFE participation rates and enhancing vocational Queensland through the TAFE—Working outcomes for people with a disability. Better Together strategy. Work on the The Government is also adopting a new implementation of the strategy, which will approach to capital planning. A major review provide TAFE with the flexibility it needs to of capital planning is proposed for the first half compete in the training market, will continue of 1997. Currently, over $50m per year is this year. allocated for infrastructure for vocational The Government is also committed to education and training. The majority of these promoting a training culture. Vocational funds are allocated through the capital education and training must be recognised for development plan, primarily to TAFE capital its economic benefits to employers, be works, building and refurbishment projects. relevant and appropriate to industry needs The evolving competitive training market and be promoted in a way which industry necessitates that capital investment, readily understands. During 1997 an development and planning decisions now be information strategy, with an improved focus made in the context of a vocational education on enterprise training, will be developed and and training sector that is broader and more implemented. diverse than just the TAFE system. In addition, planning for capital investment must anticipate The Government is also committed to the emerging infrastructure requirements that will introduction of a small-business training complement the shift to employment-based strategy. A package of initiatives will be training in the modern Australian implemented this year to enhance access to, apprenticeship and traineeship system and and participation in, vocational education and towards flexible delivery. training by the small-business sector. The Of course, commitment to implementing strategy includes better advisory mechanisms the MAATS agenda is one of the priorities of to address the vocational education and training requirements of the small-business the Government. Queensland is committed to sector, principally the establishment of a Small the implementation of MAATS as agreed to by Business Training Advisory Committee, the Commonwealth and State Governments. membership of which I will announce in the MAATS has the simple ambition of making near future. structured training, particularly apprenticeships and traineeships, more relevant and The Government is also committed to accessible. As part of the implementation of improved matching of training needs and MAATS, the Government is working with the training delivery. A review of planning Commonwealth to establish three processes will be undertaken to improve the demonstration Contracted Entry Level Training responsiveness of vocational education and Agencies, or CELTAs. CELTAs will combine a training to the immediate and long-term skill range of entry-level training functions and needs of industry. I will announce the services currently provided by the composition of membership of the seven Commonwealth and State Governments regional Round Tables by the end of this under one roof and provide assistance to month. Membership will be drawn from employers, apprentices, trainees and/or job numerous locations throughout the State seekers. The Queensland Chamber of across a range of industries and will represent Commerce and Industry and the Metal Trades the views of both small and large businesses. Industry Association will both play a major role The Round Tables will enable the in the management of CELTAs located in establishment of active networks with Brisbane and the Gold Coast. A third CELTA, energetic community people who will sponsored by the QCCI, is to be located in investigate the training needs for their specific Cairns. The Government's commitment to communities. This will ensure a better improved rural training cannot be questioned. informed planning and decision-making The Government is committed to ensuring that process for the vocational education and rural Queenslanders have access to quality training system. vocational education and training. To assist in 674 Ministerial Statement 20 Mar 1997 achieving this objective, the Government has local working groups have now been established a rural industry task force to established across Queensland to get local investigate the training needs of the rural community input into the assessment of tree- sector. clearing applications. I am hopeful that new To assist the State's four agricultural regional guidelines can be in place by mid colleges to continue to respond to the year. Last month, the Premier and the Prime challenges of a competitive training market, Minister signed the scoping agreement to the Government has undertaken a number of trigger the regional forest agreement process. far-reaching initiatives, including— This process will ensure an appropriate balance in allocating native forests between development of a new enterprise productive and conservation purposes, and agreement; giving the State's timber industry the security rectifying inequitable practices of the to plan its future development. previous Government which resulted in After years of talking, Queensland's agricultural colleges not receiving entitled participation in the Murray-Darling Basin funds; commission was formalised with the passage establishment of processes for agricultural of legislation late last year. As more than 25% colleges to have access to the vocational of the basin is within Queensland, we will have education and training capital an effective input into the long-term development plan; and management of the basin's land and water resources. Real progress is being made on the commencement of a marketing campaign development of water allocation and to attract students from metropolitan management plans that will determine an areas to rural education as a lifestyle appropriate balance between water used for choice offering practical and very irrigation and water used for environmental employable qualifications. and recreational purposes. These plans will be The initiatives I have announced to the completed this year in five priority catchments, House today demonstrate that the Year of and work will begin in another four. Work is Training is more than just a symbolic under way with stakeholders to develop recognition of the importance of training; it is a appropriate systems for water property rights commitment by this Government to provide a and to give surety to both environmental and world-class vocational education and training consumptive end uses. system, and it is an investment in the future The desert uplands strategy being prosperity of all Queenslanders. developed is designed to increase the viability and sustainability of communities and land in MINISTERIAL STATEMENT that degraded area of central Queensland. Late last year, the Government declared the Land and Water Day region a designated area, allowing local Hon. H. W. T. HOBBS (Warrego— primary producers to access the Landcare Minister for Natural Resources) (9.54 a.m.), by property build-up section of the rural leave: Today is Land and Water Day, as part assistance scheme, known as PIPES. of the week-long activities to celebrate and The Government has met its election promote the State's important primary commitment to boost the eradication of pest industries. The Government can be proud of animals and weeds that cause significant its achievements since coming to office, losses to primary production and damage to especially in the management of the State's the land. Nearly $4m has been allocated this land and water resources for the benefit of all financial year to accelerate this important work. Queenslanders. A critical part of this success More than 70 high-priority weed control plans was the establishment of the Department of are now in place, the establishment of a bio- Natural Resources just over 12 months ago. control research station in South Africa is on This new department allows Government, track, the rabbit calicivirus has been released industry and the community to work closely and is being monitored, and crop mice control together to manage the State's land and has been enhanced. water resources. On this special occasion, I This record of achievement clearly would mention the successes we have already demonstrates that the Government has a firm achieved and the direction we intend to commitment and the capacity to deliver on pursue to enhance management in this important initiatives designed to better important area. manage our land and water resources with the In the development and implementation cooperation of industry and the community of practical tree-clearing guidelines, some 38 generally. 20 Mar 1997 Commonwealth/State Public Accounts Committees Joint Inquiry 675

MINISTERIAL STATEMENT have asked the authority to set up appropriate Residential Tenancies Act channels of communication with the public and the industry so that the response to the Hon. R. T. CONNOR (Nerang— report is accurately measured and conveyed Minister for Public Works and Housing) to me. I table the report and invite input from (9.57 a.m.), by leave: The matter I am bringing the industry and the general public. to the attention of the House today will be of interest to up to one third of Queensland's population. These are the estimated one MINISTERIAL STATEMENT million people who are involved in the Queensland Cricket Team residential rental market, whether as tenants, property owners and investors or as agents Hon. M. D. VEIVERS (Southport— who manage rental property. Minister for Emergency Services and Minister for Sport) (10 a.m.), by leave: I would like to This House passed the Residential take this opportunity to wish the Queensland Tenancies Act in November 1994. The cricket team all the very best for its Sheffield previous administration committed to a review Shield final starting tomorrow. The Bulls will of the new Act within 12 months of its enter the match as underdogs, but, as commencement. When I became Minister last everyone knows, Queenslanders often enter year, I decided to honour that commitment matches not being expected to win, only to and instructed the Residential Tenancies emerge victorious. Having removed the Authority to continue with the review, which monkey off our back of never having won the was then in its early stages. The board of the shield a few years ago, the prospects of authority represents all sectors of the industry: winning are better than ever. tenants, real estate agents, property investors and community interests. The board has Tomorrow's match also marks the 100th concluded its review after extensive and last game for Queensland by opener community and industry consultation, a Trevor Barsby. I am sure everyone wishes that process which commenced in September one of this State's best players goes out with a 1995. flourish. I am sure that I speak for all members—or most of them—in wishing our The report provides a detailed analysis of team well and that they return home with the the legislation's operation. It makes 263 Holy Grail. On behalf of the Queensland recommendations concerning the Act and Government and the people of Queensland, other matters relating to the operation of the our best wishes go to captain Stuart Law, Act. The recommendations made in the report coach John Buchanan and all the players and cover many aspects of the current legislation, management of the Bulls. Go get 'em! and other matters that affect the legislation. Some recommendations enhance or finetune Mr SPEAKER: You forgot the umpires. the legislation and some propose more substantial changes. I do not propose to delve ABSENCE OF PREMIER deeply into the recommendations of the report at this time. As I indicated earlier, the report is Mr FITZGERALD (Lockyer—Leader of very detailed. I have decided to release the Government Business) (10.01 a.m.): I advise report in full to allow the general public and the the House of the absence of the Honourable industry itself to absorb and comment on the Premier, who is attending a Premiers many recommendations. I make it clear to the Conference today. I thank the Opposition for House that neither I nor the Government as a the courtesy of a pair. whole have formed any views about the report or its contents. However, I also wish to make it COMMONWEALTH/STATE PUBLIC clear that the Government will act to amend ACCOUNTS COMMITTEES JOINT the legislation if areas need finetuning or INQUIRY reform. Mr FITZGERALD (Lockyer—Leader of Finally, I wish to thank the board of the Government Business) (10.02 a.m.), by leave, Residential Tenancies Authority for the without notice: I move— production of the report. It is, as honourable members will find, a most comprehensive "(1) That the Legislative Assembly, document that is a notable contribution to the noting— debate about tenancies legislation in this (a) that the Queensland Public State. I must also acknowledge the role of the Accounts Committee, is at industry itself for participating so freely in the present conducting an inquiry consultations that are the core of the report. I into Commonwealth and State 676 Procedures for Witnesses Appearing Before Parliamentary Committees 20 Mar 1997

accountability requirements for (3) That, for the purposes of its report to Aboriginal and Torres Strait the Legislative Assembly on Island local government Commonwealth State accountability councils; requirements for Aboriginal and (b) that the Commonwealth Joint Torres Strait Island local government Committee of Public Accounts is councils, the Queensland Public at present conducting an inquiry Accounts Committee may consider into the same matter; and and make use of any information gained as a result of the proceedings (c) that the two committees have authorised by this resolution. agreed to work together in their inquiries into this matter in order (4) That the foregoing provisions of this that the Senate and the House resolution, so far as they are of Representatives and the inconsistent with the Standing Orders Legislative Assembly of and Sessional Orders, has effect Queensland will have the benefit notwithstanding anything contained of comprehensive reports taking in the Standing or Sessional Orders. account of federal and state (5) That Mr Speaker be authorised to issues; acquaint the President and members authorises the Queensland Public of the Senate and the Speaker and Accounts Committee to confer and members of the House of sit with the Commonwealth Joint Representatives of this Resolution." Committee of Public Accounts in Motion agreed to. connection with the consideration of Commonwealth and State accountability requirements for PROCEDURES FOR WITNESSES Aboriginal and Torres Strait Island APPEARING BEFORE local government councils. PARLIAMENTARY COMMITTEES (2) That, at meetings for the purposes of Mr FITZGERALD (Lockyer—Leader of the proceedings authorised by Government Business) (10.02 a.m.), by leave, paragraph (1) of this resolution— without notice: I move— (a) Members appointed to the "That, in their dealings with Queensland Public Accounts witnesses, and subject to the specific Committee are authorised to terms under which any committee is participate in the proceedings; established (particularly any power to summons witnesses or documents) all (b) at all times during such committees of the Assembly should proceedings, the presence of 3 observe the following procedures— members of the Queensland Public Accounts Committee will (1) A witness shall be invited to attend a be necessary to constitute a committee meeting to give evidence. quorum; A witness shall be summoned to appear (whether or not the witness (c) the Chairman or the Vice was previously invited to appear) only Chairman of the Commonwealth where the committee has made a Joint Committee of Public decision that the circumstances Accounts or the Chair or Deputy warrant the issue of a summons. Chair of the Public Accounts Committee of the Legislative (2) Where a committee desires that a Assembly of Queensland shall witness produce documents relevant preside; to the committee's inquiry, the witness shall be invited to do so, and (d) the determination of questions an order that documents be and the examination of produced shall be made (whether or witnesses by the Members of not an invitation to produce the Queensland Public Accounts documents has previously been Committee shall be conducted in accordance with the made) only where the committee has procedures applicable to made a decision that the Committees of the Legislative circumstances warrant such an order. Assembly in so far as those (3) A witness shall be given reasonable procedures are applicable. notice of a meeting at which the 20 Mar 1997 Procedures for Witnesses Appearing Before Parliamentary Committees 677

witness is to appear and shall be which is the subject of the ruling is to supplied an explanation of the be permitted. matters expected to be dealt with (10) Where a witness objects to during the witness's appearance, answering any question put to the and a copy of these procedures. witness on any ground, including the Where appropriate, as determined ground that the question is not by the committee, a witness shall be relevant or that the answer may supplied with a transcript of the incriminate the witness, the witness relevant evidence already taken. shall be invited to state the ground (4) Where practicable a witness shall be upon which objection to answering given an opportunity to make a the question is taken. Unless the submission in writing before committee determines immediately appearing to give oral evidence. that the question should not be (5) A witness shall be given reasonable pressed, the committee shall then access to any documents that the consider in private session whether it witness has produced to a will insist upon an answer to the committee. question, having regard to the relevance of the question to the (6) A witness shall be offered, before committee's inquiry, the importance giving evidence, the opportunity to to the inquiry of the information make application, before or during sought by the question and any the hearing of the witness's statute regulating such questioning. evidence, for any or all of the Where a witness declines to answer witness's evidence to be heard in a question to which a committee has private session, and shall be invited required an answer, the committee to give reasons for any such shall report the facts to the Assembly application. If the application is not or follow any other statutory granted, the witness shall be notified requirements. of reasons for that decision. (11) Where a committee has reason to (7) Before giving any evidence in private believe that evidence about to be session a witness shall be informed given may reflect adversely on a whether it is the intention of the person, or where the witness committee to publish or present to otherwise requests, the committee the Assembly all or part of that shall give consideration to hearing evidence. The witness shall also be that evidence in private session. informed that it is within the power of (12) Where a witness gives evidence the committee to decide to publish reflecting adversely on a person and evidence, and that the Assembly has the committee is not satisfied that the authority to order the production the evidence is relevant to the and publication of undisclosed committee's inquiry, the committee evidence. shall give consideration to expunging (8) Before the committee publishes any that evidence from the transcript of evidence given in private session it evidence, and to forbidding the shall provide a witness the publication of that evidence. opportunity to make a submission as (13) Where evidence is given which to whether such evidence should be reflects adversely on a person and published. action of the kind referred to in (9) A chairman of a committee shall take paragraph (12) is not taken in care to ensure that all questions put respect of the evidence, the to witnesses are relevant to the committee shall provide reasonable committee's inquiry and that the opportunity for that person to have information sought by those access to that evidence and to questions is necessary for the respond to that evidence by written purpose of that inquiry. Where a submission and/or appearance member of a committee requests before the committee, as determined discussion of a ruling of the chairman to be appropriate in all the on this matter, the committee shall circumstances by the committee. deliberate in private session and (14) A witness may make application to determine whether any question be accompanied by a legal adviser 678 Notice of Motion 20 Mar 1997

and to consult the legal adviser in Amendment Bill 1996. The report was the course of a meeting at which the previously released by the committee in witness appears. In considering February. I commend the report to the House. such an application, a committee shall have regard to the need for the witness to be accompanied by a MEMBERS' ETHICS AND legal adviser to ensure the proper PARLIAMENTARY PRIVILEGES protection of the witness. If an COMMITTEE application is not granted the witness shall be notified of reasons for that Report decision. Unless otherwise Ms WARWICK (Barron River) determined, the legal adviser is (10.03 a.m.): I lay upon the table of the House confined to advising the witness on report No. 5 of the Members' Ethics and their rights and may not address the Parliamentary Privileges Committee, "Citizen's committee. Right of Reply No. 1 (A Response to Matters (15) An officer of a department of the Raised in the Legislative Assembly on Commonwealth or of the State shall 31 October 1996)". I commend the report and not be asked to give opinions on the committee's recommendation to the matters of policy, and shall be given House. reasonable opportunity to refer questions asked of the officer to superior officers or to a Minister. NOTICE OF MOTION (16) Reasonable opportunity shall be Performance of Premier and Treasurer afforded to witnesses to make Mr BEATTIE (Brisbane Central—Leader corrections of errors of transcription in of the Opposition) (10.03 a.m.): I give notice the transcript of their evidence and to that I will move— put before a committee additional material supplementary to their "That this House condemns the evidence. arrogant disregard of the Premier and his Treasurer for the economic wellbeing of (17) Where a committee has any reason Queensland, and in particular young to believe that any person has been Queenslanders, by demonstrating their improperly influenced in respect of sheer bumbling incompetence by— evidence which may be given before the committee, or has been (1) refusing to develop economic subjected to or threatened with any strategies and policies to deal with penalty or injury in respect of any the worst unemployment in mainland evidence given, the committee shall Australia, a retail sales slump and take all reasonable steps to ascertain faltering recovery in the building the facts of the matter. Where the sector; committee considers that the facts (2) failing to present an economic disclose that a person may have blueprint which can give the State been improperly influenced or investment community confidence in subjected to or threatened with the future economic management of penalty or injury in respect of evidence which may be or has been the State; given before the committee, the (3) driving mining investment away from committee shall report the facts and the State, as demonstrated by a its conclusions to the Assembly." 36% drop in quarterly mineral Motion agreed to. exploration, through confrontationalist policies on native title issues; LEGAL, CONSTITUTIONAL AND (4) failing to stand up to the ADMINISTRATIVE REVIEW Commonwealth to win appropriate COMMITTEE funding for State services; Report (5) conducting Government as a series of reviews, freezes and overturned Mrs GAMIN (Burleigh) (10.03 a.m.): I lay decisions; and upon the table of the House the Legal, Constitutional and Administrative Review (6) their repeated inability to spend their Committee's report No. 5 on the Electoral capital works budget." 20 Mar 1997 Private Members' Statements 679

PRIVATE MEMBERS' STATEMENTS increase in the number of dingos and wild Leadership of Premier; Native Title dogs in the areas along the coast, particularly where there are cattle breeding programs. Mr BEATTIE (Brisbane Central—Leader Honourable members have probably not of the Opposition) (10.04 a.m.): Today in realised the damage that they can cause to Canberra the Queensland Premier will be an young calves and their method of killing them. irrelevancy. The other leaders will be talking It is not a pretty sight to see a calf that is still about a real solution that codifies the rights of alive being eaten by wild dogs. I can pastoralists to operate their properties and at understand the level of concern and worry of least some native title rights. The other leaders landowners under those conditions. will be talking about the improvement of the right to negotiate process so that legitimate A great number of pigs have been claims are dealt with quickly and fairly. The escaping. I believe that they have become other leaders will be talking about the fodder for wild dogs and contributed to their validation of post-1994 leases. Mr Borbidge build-up. I am concerned that landowners are will be rehearsing his tired old speech that becoming frustrated that they are not able to says, "I tried to tell them about control those animals. The landowners are extinguishment, but they wouldn't listen." He is also concerned about delays to their baiting irrelevant because he had a simple choice two program, and regulations relating to areas months ago. He could have chosen to be a where dingoes roam. Over a period, groundsel strong leader by making decisions on native has grown in forestry areas and now those title and fighting for a solution in the interests dogs are entering those areas. A lot of of Queensland. Instead, he was weak and breeding is taking place in forestry areas. I chose to take the easy way out. have written to the Minister about this matter. He has said that he will investigate it. The fact is that the hard work had already been done for him while he was on holiday. Time expired. His office had told the Courier-Mail that it was drawing up a submission to ask the Prime Queensland Rail Minister to impose a strict code on the rights of pastoral leaseholders and native title claimants Hon. J. P. ELDER (Capalaba—Deputy and to pass laws validating Crown leases Leader of the Opposition) (10.08 a.m.): I granted since the proclamation of the Mabo picked up a recent edition of Queensland Rail legislation. Senior legal officers drafted a on the Move and read a paragraph that I statement that reflected the fact that thought was rather interesting in relation to extinguishing native title by creating new laws what has happened to the Queensland Rail would not provide certainty for farmers and Board in the last few weeks. Of the board and miners because the laws could be challenged of Queensland Rail, the article said that it is a before the High Court. mark of huge strides for Queensland Rail that it has become a leader in Australian rail Mr Borbidge would have needed to have organisations in relation to passenger been strong, telling those in his party who transport and that it has become a leader were insisting on the extinguishment of native internationally. title the truth—that it would just not work and that it would send the country broke. He would Those words make a mockery of the have needed to have been strong and bring decision that the Minister recently made to people together to find a solution. Tragically sack the Queensland Rail Board. That board for Queensland, the Premier is a weak leader, was a board of vision and had led Queensland and that weakness is costing Queenslanders Rail successfully in terms of transforming millions of dollars in investment opportunities Queensland Rail, as the Minister outlined in and jobs. No doubt, he will indulge in some his article in Queensland Rail on the Move. Canberra bashing. He is full of bluster, but he What did this previous board do to attract this is too weak to solve the problems that matter. disgraceful dismissal? What has the Minister He is the Joh clone with the leadership gene got—— missing. We are entitled to better from our An Opposition member: They were Premier, and he is failing this State. competent. Time expired. Mr ELDER: I take that interjection. They were competent. What has the Minister got against Joan Yardley, Margaret Mittelheuser Increase in Dingo Numbers and David Applegarth to dismiss them in the Mr STEPHAN (Gympie) (10.06 a.m.): I way in which he did? To dismiss a board that wish to draw the attention of the House to the was recognised internationally as doing a job 680 Private Members' Statements 20 Mar 1997 in transforming Queensland Rail and replacing and style. Research has shown that, as at the it with 11 members and the chairman, which is end of February, even after this short period, double the previous number, and doubling the many calls had been received during which a retainer smacks of a purge and smacks of number of passengers had confirmed travel to political patronage. That is exactly what has Queensland as a result of the campaign. In happened. the short term, this is an excellent and an This Minister has to explain to the people extremely encouraging result. of Queensland the reasons for sacking a In recent years, one of our traditional competent board. Where did the board fail major markets, the UK, has been somewhat him? Where did the board go wrong? Where ignored in the face of a major thrust into the was the board incompetent so that the markets in Asia. However, the coalition Minister should sack its six internationally Government has moved quickly to address recognised members and replace it with this issue and initiatives such as the Harrods double the number of members? campaign and last year's Queensland The Minister is going to need a bigger showcase in Cairns represent an aggressive boardroom with a large revolving door and revitalised approach to boosting growth in because, in terms of the membership of the the UK market. new board, the conflicts of interest are I have no doubt that the entire State will alarming. Major companies, major customers feel the long-term flow-on benefits from this and major corporations that have commercial campaign. I congratulate the Minister and the dealings with Queensland Rail all now have QTTC on achieving this rare and valuable membership on the board. The conflict of coup for the Queensland tourism industry. interest will be a large and looming problem. Police Numbers Queensland Tourist and Travel Mr LIVINGSTONE (Ipswich West) Corporation, Harrods Campaign (10.13 a.m.): The dishonesty of the Police Mr HEGARTY (Redlands) (10.11 a.m.): Minister never ceases to amaze me. In I would like to inform the House of the exciting yesterday's Queensland Times, the Minister preliminary results from one of the biggest criticised me for complaining about police tourism marketing coups ever achieved by the numbers. He actually said— Queensland Tourist and Travel Corporation. "The truth is that the Ipswich police Recently, my colleague the Minister for district has eight more police than Tourism, Small Business and Industry, the recommended under the Queensland Honourable Bruce Davidson, announced the Police Service (QPS) model." first ever promotion by the world's most famous department store, Harrods of London. There is an old bush saying, "If you are going The Queensland Tourist and Travel to be a good liar, you have got to have a good Corporation secured the four and a half main memory as well." I take members back to 12 windows of Harrods fronting the famous January 1995 when Mr Cooper was the Brompton Road for a four-week period. Opposition Police spokesman and to an article in the Queensland Times. What did he say? Harrods estimated that more than At that time he stated— 300,000 people a day saw the display, which was timed to coincide with the department "Opposition Police spokesman store's legendary two-week January sale. The Russell Cooper said Ipswich needs 90 fully themed windows featured Queensland's more police." beach, reef adventure and tropical dining Ninety more police! I complain that we do not imagery—a real temptation for Londoners get a cracker, and he has the hide to tell us braving a bitterly cold winter. The window that we have eight more. What a hypocrite! displays were backed up with a direct mail The Minister has to get first prize. campaign to Harrods' cardholders. Full colour I referred the Minister also to the brochures of Queensland holiday destinations cancellation of the intake. He said, "No, it is were mailed directly to 50,000 influential, not cancelled; it is just postponed." I will be affluent and discerning Harrods' special honest. I do not give a hoot what the Minister cardholder homes. calls it; at the end of the day, we did not get Not only was this a unique opportunity to any more police. The people of Ipswich never market directly to an enormous number of got a cracker. The Minister can call it whatever people but also it linked Queensland with he likes, but I have never heard such Harrods' world famous reputation for quality hypocrisy in my life. 20 Mar 1997 Private Members' Statements 681

In that article, the Minister went on to tell Craig Church, Giovanni Gaiardo, Salvatore us about the great job that this Government is Cardillo, Deborah Tuttle, Eric Archibald, Dulcie doing in employing the 400 civilians. The Schnitzerling, Gary Tuttle, Francis Steene, Opposition supports the employment of the Eddy Coianiz, Gordon Simpson, Gaynor 400 civilians. However, it should not be Watters, Evelyn Davies, Thomas Watters, Peter forgotten that, when Labor was in Jetson, Robert Tuttle, William Prien, Mark Government, it employed 770 civilians. We Wilson, Kevin Sues, Colin Evans, Craig Marian, William Dubois, Lois Vesey, Wayne Tuttle, should not forget that. I have never heard John Hagart, Terrence Ball such hypocrisy. The Minister referred to police numbers in Ipswich. In 1989, when Labor came to Government after 32 years, the Hospital Waiting Lists Ipswich police district had 156 police. When Mr J. H. SULLIVAN (Caboolture) the Labor Government was defeated, that (10.16 a.m.): A Mountain Creek man is district had 223 police—an increase of hopping mad, and I cannot say that I blame approximately 35%. What do we get from this him. Recently, he paid out $3,000 for an bloke? Not a cracker! He is big on talk, small angiogram and $5,000 for cardiac bypass on action. surgery to avoid waiting 18 months to have both procedures. Yet we have a Minister who Northern SES Workers tells us that there is no wait for serious surgery! How serious do medical conditions have to Mrs WILSON (Mulgrave) (10.15 a.m.): I be? This man had a massive heart attack, wish to commend to this House the voluntary which he was lucky to survive thanks only to commitment and service of 25 northern SES the skill of the wonderful staff at the Nambour workers to whom I recently presented Hospital. He needed to have an angiogram to meritorious awards. find out the seriousness of his problem. How Collectively, those people have given long did he have to wait for an angiogram? some 350 years of voluntary commitment to Under the Minister's system, nine months! the State. It would be true to say that the Nine months to find out if he could get on the efforts of the many SES crews involved in Minister's waiting list! emergency incidents will never be recognised So this man had the angiogram carried as, unfortunately, they are considered by out at a private hospital. He paid out $3,000 to many as just doing their job. They do hours of the Wesley Hospital, which found that he had voluntary work and training. Also, their families eight blocked arteries—not one, not two, not must be recognised for their support. Often, three, but eight blocked arteries. What did the two or three family members join the SES Minister's health system—the system under together and they give up their evenings and which he was supposed to obtain surgery—tell weekends to train just so that, if they are him? The Minister's health system said, called out, they can be 100% efficient. "Again, wait nine months and we will do the The dedicated efforts of the award surgery." recipients and the efforts of all SES volunteers This man could not afford the $22,000 it make the public feel safer when nature would cost to have lifesaving surgery done at threatens our communities, as it does at a private hospital. However, he was able to get regular intervals. During the recent threat together $5,000 and he had the surgery done posed by Cyclone Justin in the Mulgrave privately at the Prince Charles Hospital. He has coastal area, the SES crews were there giving nothing but praise for the services that he their time freely, and they are again standing received in hospital. However, he is angry at by today. the Minister because, to quote his words, he The courage and commitment of all SES sees the Minister "stand up and lie through his members is something to be proud of, as all teeth and say that there is no more than the members seek no kudos and work quietly and 30-day wait for these kinds of procedures". efficiently until the job is done. They seek no This man is also angry because the Minister reward for their dangerous and demanding has made him feel guilty that, because he was duties. That is real commitment to the able to get money together for this procedure, wellbeing of local people and a fine example he could jump the queue and other deserving of community spirit. I seek leave to incorporate people could not get their procedures done. in Hansard the names of those award He is angry because he has been continually recipients. fobbed off by his local coalition MLA and Leave granted. because the Minister got his deputy director- 682 Private Members' Statements 20 Mar 1997 general to write a say-nothing letter in Minister several times about this particular response to the man's letter to the Minister. case. Allan collapsed at work and it took some four months and three hospital admissions Proserpine Hospital before this previously fit and active man was Mr MALONE (Mirani) (10.18 a.m.): I rise diagnosed as needing immediate to commend the Health Minister, Mike Horan, neurosurgery to repair and fuse the two upper on the progress that he and his department cervical spine. Since September 1996 he has are making in the redevelopment of the been waiting with increased anxiety and Proserpine Hospital. This redevelopment is an incredible pain and has been unable to work. excellent example of how this Government Indeed, his whole life has deteriorated. has lifted Labor's capital works freeze. The situation has worsened. Allan is a 43- Queensland is now again on the move. For year-old man who is now totally reliant on Proserpine, the recent appointment of friends to assist him. He is unable to leave his architects will now allow the final stage of house without great assistance. Trips to the architectural planning to commence. Based on hospital are now taken in an ambulance and experience, that should see tenders called for he is in intense pain. Allan is susceptible to the construction to commence in the first frequent blackouts, each one of which could quarter of the new financial year. That puts the cause further injury to his fragile and damaged coalition on track to deliver its commitment to spine. His life and that of his partner are a having the hospital completed by October misery. 1998. After being on the waiting list for some In contrast, there are few examples of five months, Allan and his partner have been hypocrisy as blatant as Labor's performance. trying to get an approximate date for surgery. For years, ALP Ministers and backbenchers They have no idea—and neither do I—about dined out on the promise of the Proserpine why the delays are taking place. After several Hospital redevelopment, announcing and mishaps—Allan's post-operative MIR scan reannouncing something that was never more results were lost, along with his CT scan and than a fantasy and a paper exercise. When myelogram—Allan's original operation booking the coalition came to office, it found that the was lost. His partner and he are still none the project was without a project director, there wiser. Neither they, nor I as their local was no local planning, no local steering member, have received an explanation from committee and no master plan. How must the the Government. We are told that there is no ALP have hoped that it would never have to neurosurgery waiting list and that the actually do anything! operating schedule is set on a weekly basis. In that regard, the ALP was pretty safe, Allan desperately wants to get back to because there was no money. To start with, work. He realises that there is some risk the Capital Works Program was associated with this operation, which I have overcommitted by $1.2 billion. Then the former explained to him. He is prepared to take that Minister for Health, Peter Beattie, decided to risk. If the PA were funded according to the use the funding for the Proserpine Hospital workload, instead of receiving $6m less, redevelopment to bail out a hospital in his own perhaps it could address Allan's needs and electorate of Brisbane Central. Under the perhaps this normally efficient hospital would coalition, local businesses are already starting not be causing delays to people such as Allan. to benefit from this project. Airlie Beach based architect James Riddell is now undertaking components of the architectural work, which Olympic Business Opportunities means that the community is already receiving Project a taste of the economic benefit to come from Mr HARPER (Mount Ommaney) this project. (10.22 a.m.): I wish to inform members of the House of the significant work being done by the Minister for Tourism, Small Business and Princess Alexandra Hospital Industry and his department to ensure that Mr D'ARCY (Woodridge) (10.20 a.m.): I Queensland firms have an opportunity to win wish to draw the attention of the House to an Olympic business contracts. The Minister has extremely worrying situation regarding Mr Allan established an Olympic Business R, a constituent of mine, and his endeavours Opportunities Project, which has a whole-of- to have urgent treatment at the PA Hospital Government role in coordinating and and to return to work. I have written to the developing business opportunities. 20 Mar 1997 Private Members' Statements 683

To date, the figures speak for That is a reference to Ward 8D West of the themselves. Queensland firms have won in Royal Brisbane Hospital. The letter excess of $4m worth of contracts. Some of continues— those contracts include: Bligh Voller Architects "It was impossible to try to lay down are designing the Olympic stadium; Thiess and sleep as there were cockroaches (the Contractors are building the administration small German type) crawling all over the building; Driza-Bone has won the ward, floor walls and beds. I just sat on manufacturing contract for coats and the bed all night brushing cockroaches sweaters; Guns Timber will supply the timber away. The seven cockroach baits spread laminate to the centre dome of the around the floor of the ward were useless. administration building; six nursery companies They would crawl in one end and out the have been selected for the preferred tender other. During the afternoon of the 18th list; and VAE Rail in Mackay has been February, I was transferred to the QCWA selected to supply rail fittings. The list is Gregory Terrace to be treated with radium growing rapidly. as an out-patient—just as well or I would The overall target for Government is to have signed myself out of the hospital, ensure that $50m of direct business and off the 30 radium treatments opportunities for Queensland firms occur from program and would have returned home the staging of the Sydney 2000 Olympic to die earlier. Games. Some of the Government's strategies to ensure that this target is reached are as On the night of 23rd February, I was innovative as the Queensland firms readmitted to the Royal Brisbane Hospital themselves. with fluid problems and was told"—— A 1-800 hotline telephone number has surprise, surprise! been established and, since its "that I was being sent back to ward 8D, commencement, more than 400 firms have so that I could be close to the radium contacted the department to access business treatment. When I was told this I refused, opportunities. An Internet home page has also telling the staff why, so I was placed in 7E been up and running for some time. It East, where I stayed until I was provides information for Queensland firms discharged back to the QCWA on 5th across the State. The Government is March. concentrating on our State's strength in Could something please be done to construction, information technology, food get rid of the cockroaches in 8D ward, for services and merchandising, just to name a few. Regular briefings and information is the sake of other patients"— disseminated through an Olympic Task Force from rural Queensland— newsletter, an well as advertisements in "who have to stay in 8D. If a motel was various newspapers. found to have half as many cockroaches As members can see, the Government is in units, the health inspector would close right behind Queensland firms and is helping the motel down until it was cleaned up." them to win Olympic business opportunities. I I trust that the Minister will show some commend the Minister for his actions. It is initiative and lift his standards. I trust that he unfortunate that members opposite take the will inspect Ward 8D and give the people of attitude that they do and snicker and snigger. rural Queensland a chance to receive They are obviously uninterested in trying to adequate treatment when they come to bring business to Queensland as a result of Brisbane. the Olympic Games.

Royal Brisbane Hospital Women in Business Mr PALASZCZUK (Inala) (10.24 a.m.): Ms WARWICK (Barron River) I wish to bring to the attention of the House (10.26 a.m.): I wish to inform members of this the agonies of rural Queenslanders in House of the significant work being done by accessing the Queensland hospital system, the Minister for Tourism, Small Business and best exemplified by a letter which I received on Industry and his department to help women in 11 March 1997, which states— business. Last week, Queensland hosted the "Dear Sir/Madam Queensland Businesswomen's Summit, which was run by ACOB, Australia's peak body for . . . businesswomen. The summit brought On the night of 17th February, after businesswomen from around Australia arriving from Charleville, I was placed in a together to identify key issues for Government bed in ward 8D West." at both State and Commonwealth level. 684 Questions Without Notice 20 Mar 1997

Current figures show that women It is no wonder that these patients feel represent 34% of business owners in hurt and betrayed. They understand the need Queensland and that more women are for urgent lifesaving surgery to take entering business than men. However, women precedence, but they cannot understand this represent a largely untapped source of Minister loudly proclaiming work that would entrepreneurial talent. make huge improvements in the quality of As part of the summit, a delegation of their daily life when he had no intention of providing the extra resources needed to leading businesswomen met with the Deputy deliver. They think it is the cruellest of hoaxes Premier and Minister for Women's Affairs, and a PR fraud. Joan Sheldon, and Small Business Minister, Bruce Davidson. The summit provided valuable industry feedback to ensure that both QUESTIONS WITHOUT NOTICE existing coalition policies and future policy Minister for Emergency Services developments adequately reflect the needs of Queensland businesswomen. Mr BEATTIE (10.29 a.m.): In directing a question to the Minister for Emergency In conjunction with the summit, the Services, I refer to his answer yesterday in Department of Tourism, Small Business and which he said that the appointment of his Industry arranged a video conference former acting policy adviser, Lyn Staib, as breakfast forum linking Brisbane with five consultant to review the Queensland Fire regional centres. Businesswomen from across Service had "nothing to do with me" and that Queensland contributed to a broad-based rather her appointment was approved by "the discussion via a video link-up which will form acting director-general, as accountable the basis for development and coordination of officer", and I ask: did the Minister give any services that acknowledge the needs of direction that Ms Staib be appointed? regional businesswomen. The Government's support for the summit is another Mr VEIVERS: Ms Staib has never been demonstration that we are committed to a member of my ministerial staff. providing women in business with every Mr Elder: He didn't ask that. opportunity to develop their potential. Mr VEIVERS: No. Nor has she been on the ministerial payroll. I now table a memorandum from the Ministerial Support Pallidotomy Surgery Unit to that effect. Mr LUCAS (Lytton) (10.28 a.m.): Last year when the Opposition berated the Health Minister for Emergency Services Minister for the repeated cancellation of surgery for a young woman's brain tumour, his Mr BEATTIE: In directing a second excuse was that neurosurgery staff at Princess question to the Minister for Emergency Alexandra Hospital had been gaining skills in Services, I refer to both his most recent the surgery procedure call pallidotomy that answer and that from yesterday, and I table a would be a boon to hundreds of victims of statutory declaration sworn by his former uncontrollable tremors caused by Parkinson's director-general, Dr Leo Keliher, in which he disease. How disappointing it is, then, to hear says that the Minister had a meeting with him that the publicity surrounding the availability of shortly after being sworn in as Minister. Dr this technique is now regarded as a cruel hoax Keliher said in the statutory declaration that at by Parkinson's sufferers without private health the meeting the Minister produced a list of cover. items of which— Patients who rushed to register and have "The first item was to arrange for the assessment were originally told that there engagement of Ms Lyn Staib. Mr Veivers would be a limit of one pallidotomy operation explained to me that he wanted her to per month. Then they found that the six undertake a review of the Queensland operations done in training sessions were the Fire Service. He also stipulated that she only ones to be done in 1996. They have was to be paid at the rate of $2,000 per been told that this was due to funding week." restrictions and to a shortage of intensive care I ask: why has the Minister deliberately misled beds, but last December the Princess this Parliament about his role in the Staib Alexandra Hospital was considered to have appointment? too many ICU beds and too many specialist Mr VEIVERS: That is a very easy intensivists. question to answer. I refer the Leader of the 20 Mar 1997 Questions Without Notice 685

Opposition to my answer in the House money is necessary for our State. Possibly, yesterday, and it covers every aspect he is the member does not think so. talking about. The only way we can end this farce of the Premier and I going to the Premiers Premiers Conference; Federal Conference with our begging bowl every year Government Funding and the continuing brawl between the States Mr SPRINGBORG: I ask the and the Federal Government is by having a Honourable Deputy Premier, Treasurer and total restructure of State/Federal financial Minister for The Arts: can she outline to the arrangements to get rid of the current vertical House what funding Queensland expects from fiscal imbalance. Indeed, as I think I the Commonwealth Government at this year's mentioned earlier this morning, it is vital that Premiers Conference at which she will be we have this redistribution, and I suggest that joining the Premier later today? two of the ways the Commonwealth could look at doing this, and pretty well immediately, Mrs SHELDON: I thank the member for would be to end the duplication that we have his obvious interest in the State's finances. Mr in State services. For example, there is Speaker, as you know, the Premier and I will inefficient duplication in health and education be at the Premiers Conference tomorrow and services. Also, we could have the revenue at a meeting with the Prime Minister, the from the Commonwealth fuel tax and Treasurer and other State Treasurers today. wholesale sales tax. What we really need are some guarantees from the Commonwealth Government. We I wish to assure all members of the House understand that the Financial Assistance and all Queenslanders that the Premier and I Grants—FAGs—will not be cut. However, we will be fighting for Queensland for our fair have absolutely no guarantee that the specific share of what we should have for our State purpose grants will not be cut. These make up and people. We, the State, have to provide over $2 billion of our Budget and are quite services. It is incumbent on the Federal essential. Government to supply us with enough money There is no guarantee, either, that the to do just that. Commonwealth will not extend taxes on State Government operations similar to what it did last year when it attempted to impose Minister for Emergency Services wholesale sales tax on our Government car Mr HAMILL: In directing a question to fleet, amongst other things. We have a the Minister for Emergency Services, I refer to superannuation surcharge which the the statutory declaration tabled this morning Commonwealth expects us to levy on our by the Leader of the Opposition, and I ask: did State-owned superannuation funds. We have he advise the former director-general of his already lost money from the Grants department, Dr Leo Keliher, to engage the Commission. In fact, we have lost $14.5m this services of Ms Lyn Staib? year. We must make sure that our special purpose grants are maintained in real per Mr VEIVERS: It is very hard to get capita terms and that it is taken into through to members opposite. Ms Staib has consideration that we have a growing never been a member of my ministerial staff, population. Similarly, the CPI must be taken nor has she been on the ministerial payroll, into consideration. The Premier and I will be and she was never paid out of my—— fighting for Queensland and Queenslanders, as we did last year, to make sure that our Mr HAMILL: Mr Speaker, I rise to a funds are not cut. I would expect the point of order. The Minister may have Opposition to support us in that fight. misunderstood the question I asked. I did not ask whether the person was on his ministerial We are still finding out what the staff. I asked whether he had asked the Commonwealth is giving us from the last former director-general to engage the services Budget. Under the Building Better Cities of Ms Lyn Staib. Program, which was so vital to this State, we have still not received $40m from the Mr SPEAKER: Order! The member will Commonwealth, yet we are nearly into our not debate the issue. As a former Minister, the next Budget. honourable member would be aware that the Mr Welford: You won't get it, either. Minister can answer the question how he chooses. Has the Minister finished his answer? Mrs SHELDON: I hope we do get it. I am sure the member will agree that that Mr Veivers: Yes. 686 Questions Without Notice 20 Mar 1997

Youth and Family Assistance criticising this program, saying, "Here we go Mr CARROLL: I direct a question to the again, another institution." This is not an Honourable Minister for Families, Youth and institution. That is clearly a place where we can Community Care. take young people who are having difficulty and in company with their families to provide Opposition members interjected. therapy to try to work out exactly what is going Mr SPEAKER: Order! I cannot hear the wrong. This program replaces the old care and question. control programs which members opposite got rid of. Many of us realise that there are young Mr CARROLL: There is a lot of people out in the communities who need attention given to providing assistance to assistance. Their parents and the police say young people and addressing the problems they need assistance. It is up to the they face in today's society. Some claim there Department of Families to try to provide a is a need for more funding and time spent to program. equip young people to be useful members of the community. I ask the Minister: can he Members opposite always talk about inform the House what his department is doing institutions and centres. I say to all honourable to help young Queenslanders? members opposite: if they are going to Mr LINGARD: All members would be continue in the way the previous Government aware of the problems faced by youth today, went—for example, the shadow Minister is and the Department of Families has the ability talking about institutions—I suggest that they to provide assistance. I have heard comment look at the problem that I now have with over the last two days from many members in Challinor. At Challinor, we have come down this House, and today I am pleased to from 172 residents. Very soon, we will have announce the release of three quarters of a only 80 residents in Challinor. Many current million dollars to employ up to 32 special youth residents of Challinor have been there for 40 coordinators throughout Queensland. As most to 60 years. There are 20 or 30 such cases. members would be aware, we have youth One person has been in Challinor for 60 years development officers who prepare programs and is now aged over 80 years. Clearly, it is for young people. We have youth support better to place such people in a nursing home workers who actually go out into the type of complex or a retirement home community and work directly with our youth. complex. Surely members opposite would not These 32 special coordinators will now be claim that a lady who has been in Challinor for either rural youth workers, who will be working 60 years and who is now over 80 years old with programs for employment of young should go out into a home by herself. Such a people in the rural areas, or youth support suggestion is absolutely ridiculous. So there is coordinators who work with young people who a need for centres—and members opposite are having difficulties with their schooling and might call them institutions—and they will be families. This program comes on top of our provided. Family Support Program. I am also pleased to When I take over the post-school options announce today that there will be another two program, I will provide what I will call a family support workers—one in Bundaberg spectrum of care for the young people coming and one in Everton—to join our 50 family out of the special needs areas. Many of them support workers in providing what we call a will go out into the community and be looked curtain of care across Queensland. after in the community, but many of them will In addition, there will be an enhancement need access to respite centres at which they of the FISP Program. Many people have FISP can receive therapy. As to this program— workers in their community. I will provide some people are arguing against anything to enhancement funds to provide extra do with the inclusion of or anything to do with operational money for those people. In an institution. Some people have called it a addition, I intend to announce very soon a mini-institution. In some areas I agree with program to provide centres for young people them, but we must remember that there are who need control. I refer to young people many people for whom a spectrum of care whose families and parents know that they are needs to be provided. We must provide all in trouble, as do the police. sorts of alternatives for young people. Ms Bligh interjected. Returning to the original question—I am Mr LINGARD: I hear the shadow pleased to announce the release of three Minister interjecting. The other day, I was quarters of a million dollars to provide up to 32 disappointed to hear the shadow Minister youth coordinators throughout Queensland. 20 Mar 1997 Questions Without Notice 687

Division of Conservation, Access to ABS data on engineering construction work Internet yet to be done. The value of engineering Mr ELDER: I refer the Minister for construction work yet to be done for the Environment to his department's Division of private sector rose 73.6% in the September Conservation, where it has been discovered quarter compared with a year ago, when that computers linked to the Internet have, in members opposite were in Government, the past two-month period, been charged for indicating further strong investment growth. more than 3,500 connections to the hard-core Furthermore, the value of private non- pornographic material displayed on the residential building approvals—a leading ABS Internet. I ask: what action has the Minister indicator of non-dwelling construction over the taken in regard to this official misconduct? coming six months—rose 53% in the three months to January 1997 compared with the Mr LITTLEPROUD: I thank the same period a year ago. member for Capalaba for the question. I, too, was rather amazed when I heard about this In the September Budget, the coalition abuse of departmental facilities. The director- Government announced a significant boost to general and I have spoken about it. He has the overall Capital Works Program. This is already taken action to take those particular reflected in a 24% increase in State capital sections of the department off the Internet expenditure in the December quarter 1996 and sent out an instruction to the rest of the compared with a year ago. Access Economics department that officers should not do that Economics Monitor—— sort of thing. Mr Elder: You answered this question yesterday. You've got the wrong brief again. Business Investment Mrs SHELDON: No, these are totally Mr BAUMANN: I ask the Deputy different statistics which the member obviously Premier, Treasurer and Minister for The Arts: does not ever read. The Economics Monitor given the importance of business investment compared definite industrial and property to the Queensland economy, could she projects in Investment Monitor and Property please inform the House of the positive Investment Monitor by State with each State's developments in this area? share of national output and found that Queensland performs best. Mrs SHELDON: For the third day in a row I am very pleased to stand up and report I want to quote from the Midwood report to this House the positive things that are on Queensland development. It is dated happening in Queensland. February 1997, so it is the most up-to-date report available. The report states— Mr Elder: You answered this question yesterday. "Brisbane comment Mrs SHELDON: Although we have not New projects galore had any for the first two days, I was hoping Brisbane developers have clearly put that today we would have some support from the recent recession behind them by members opposite to really build up the kicking off the new year with a deluge of importance of Queensland, because all we new projects." really get from them is negativity, and it looks as though there is a bit more today. Currently there are 12 major private Business investment in Queensland is constructions occurring in Brisbane, and for very strong, and this outlook is supported by the benefit of those opposite I will outline both official and private sector data. Private them. They include the Dockside Macleay business investment grew 3.2% in the tower and villas; Bridgewater Crest; UniLodge September quarter of 1996 and 12.2% over campus apartments; Mirvac's Brisbane Plaza; the year, according to the latest Queensland the Lend Lease application for a $350m three- State accounts. The accounts show that tower development; Brett's Wharf Stage 2; the equipment investment rose strongly during the Holy Name cathedral site; New Farm 140- September quarter—up 4.7%—and is apartment complex by Walker Corporation; expected to continue to grow in the remainder Suncorp's Prudential site opposite the casino; of 1996-97. The accounts show that while the Queensland consortium bidding for the non-dwelling construction was reasonably new airport, which of course includes the Port unchanged in the September quarter, it is of Brisbane—— expected to rise substantially in the first half of Mr Welford: You're putting the students 1997. This outcome is supported by official to sleep. 688 Questions Without Notice 20 Mar 1997

Mrs SHELDON: It is apparent that the An Opposition member: He doesn't member does not want me to outline the know what you're talking about. interesting and good things about Mr MACKENROTH: Vacancies—that is Queensland. where people are not living in the houses at Opposition members: Oh! that time. Secondly, what strategies does the Mrs SHELDON: It is true. All members Minister have in place to ensure that public opposite are interested in is negative housing does not remain vacant for whingeing, whining and harping. There is also unacceptably long periods; and, thirdly, can he Devine's proposal for 60 apartments and the assure the House that there are no Valley Central multi-use 13,000 square metre Department of Housing properties in areas of development in Fortitude Valley. There are high demand which have remained vacant for also five major Government construction unacceptably long periods? projects listed in the report: Royal Brisbane Mr CONNOR: To answer the Hospital, Prince Charles Hospital, Princess question—yes, I do receive a monthly vacancy Alexandra Hospital—three major report, but it is mainly to do with four years and hospitals—William Street offices and prisons over. I do have some areas such as and courthouses. This report is totally Garbutt—— independent. Also, there are seven new Mr Mackenroth: Vacant for four years? hotels: Goldhill Properties, 450-room hotel; That's the waiting list. Lend Lease, 225-room hotel; Metro Inn, 154- room hotel; Cosmo on Park Road, Milton, 79 Mr CONNOR: Sorry, not vacant—a suites; the Ibis Hotel; and the Prince Consort waiting list for four years and more. 180-room hotel in Fortitude Valley for the Opposition members interjected. Singapore-based LHK Group. Mr SPEAKER: Order! There will be This all shows the success of our policies some vacant seats in a minute. and the policies espoused in our Budget, Mr CONNOR: In relation to areas with which reduced payroll tax by increasing the vacant houses—there are some. Mostly they threshold and which reduced land tax. In the are related to the end of the Building Better latest valuations from the Natural Resources Cities Program, in particular Garbutt. In Department, valuations have increased Garbutt there are 40 houses vacant because considerably, so the three-year averaging we of problems with the end of the Building Better brought in last year will affect landowners Cities Program. They are being processed at considerably. All these projects show that our the moment. Because of problems with State is going ahead, and this is a further clear working through funding, some of them will be indication of how we have kick-started the refurbished, some of them will be demolished, economy. and that is it. Interruption. Caboolture Hospital DISTINGUISHED VISITORS Mr J. N. GOSS: I ask the Honourable Mr SPEAKER: Order! Before I call the Minister for Health: would he please tell the next question, I would like to acknowledge in House of Labor's $6m funding fraud at the the gallery a Rotary study exchange group of Caboolture Hospital? visitors from Massachusetts and Connecticut Mr HORAN: I thank the honourable along with their hosts from Wishart Rotary member for his question. Today we will expose Club. the member for Caboolture for the way in Honourable members: Hear, hear! which he stood back and saw his local hospital stabbed in the back and ripped off by some $6m during the reign of the previous Labor QUESTIONS WITHOUT NOTICE Government. Department of Public Works and First of all, let me read from a letter from Housing, Monthly Vacancy Report the Director-General of Health written back in Mr MACKENROTH: I refer the Minister 1993. In this letter he very clearly stated to the for Public Works and Housing to the monthly regional director that— vacancy report provided by the department to "The following amounts have been the Minister and ask: first, can the Minister allocated to your region for the particular advise if he still receives this report—— projects listed below." 20 Mar 1997 Questions Without Notice 689

One of those projects was the Caboolture there. It was ripped out by the previous Labor Hospital's new facility. The full year cost Government and the member for Caboolture, estimate for 1993-94 was $20.35m. He says Mr Sullivan. He should hang his head in total further down in the letter— and absolute shame. "A copy of this letter will be forwarded to the finance branch who will then arrange transfer of funds to your region." Electricity Industry Review That is the $20.35m. How much did the region Mr McGRADY: I refer the Minister for get? In that first full financial year it got $9.4m Mines and Energy to his recent radical and the next year it got $4.9m, a total of restructure of the Queensland electricity $14.3m. The tragic part about this is that we industry, and I ask: will he confirm that agents did not hear a whimper from Mr Sullivan, the of his Government have been and are member for Caboolture. That hospital is $6m currently touring the State proposing to alter behind the eight ball because its local member his original blueprint for change? Why does he was a compliant Labor member of Parliament not have a workable plan instead of who sat back—— continually attacking the job security of 6,000 electricity employees by spilling their positions, Mrs EDMOND: I rise to a point of order. dropping their salaries and forcing them into The Minister is trying to mislead the House Gulags? and cover up the fact that this year the Caboolture/Redcliffe region is $8m short. Mr GILMORE: I am delighted to answer a question about the review of the Mr SPEAKER: Order! We are not Queensland electricity industry, because it debating the issue. gives me an opportunity once again to Mr HORAN: That is the problem with reinforce what I have said previously in this Caboolture, 1993-94—— House about the resultant benefits to Mrs Edmond: $8m you short changed Queensland. In the future, these include them—on your figures. cheaper electricity prices for domestic consumers, cheaper electricity prices for Mr HORAN: The member opposite industrial consumers and far better reckons it is $8m, based on the case mix opportunities for industrial development in this figure. I have just identified for her $6m that State. It appears to me that the honourable was ripped out of that region by the then member for Mount Isa has finally emerged Health Minister with the compliance, the from his torpor and realised that something is understanding and the full and total cooperation of the member for Caboolture. actually happening in the electricity industry. He has simply lost control of the situation and The member for Caboolture stands he does not understand what is happening in condemned. There is nothing worse than the electricity industry. seeing someone in his or her own electorate—the very place where one should Let me reiterate what is happening in that stand up for his or her own—allowing that sort industry. The honourable member for Mount of money—$6m—to be ripped out of their Isa and members of this Parliament would be budget. We will remind the people of aware—at least some of them would be Caboolture every day, every week, every aware—that Professor Don Anderson is month of the year that they had $6m taken heading up the implementation committee from them and that their cowardly local which is restructuring the electricity industry in member never said a thing, never fought for accordance with the blueprint that was brought them, never did a thing. It was left to us to fix down, I think, on 17 December. That blueprint up the problem. has been out on the street since that time and Another interesting thing about the the member for Mount Isa has suddenly Caboolture Hospital is that when we took over realised that it is there. Government we took out some figures on bed Let me assure the honourable member occupancy and found that after the previous that the restructure of the electricity industry is Health Minister, Mr Beattie, there were 48 on time and is on track. All the 17 new boards vacant beds in the four major wards and a bed and structures will be in place by 1 July 1997. utilisation of 57%. What happened to that We will move to the first stages of the $6m that was ripped out? What did it mean? It competitive market by October this year and meant less services and staff. The hospital the first contestable customers will come on had to put on hold its recruitment and plans to line on 1 January 1998. Once again, our provide for that $20m worth of services and electricity industry will suddenly become the staff—all gone. That $6m has never ever been most competent electricity industry in this 690 Questions Without Notice 20 Mar 1997 country, which is far from the situation that I is clearly floundering when it comes to the was left in after the member for Mount Isa sat heartland of its philosophy; a Labor Party that on his hands for some five years. The does not have answers to what the Queensland electricity industry, which in 1989 Government has done; and a Labor Party was the most competent in Australia, went which clearly is so bankrupt that it has to rely backwards to fourth on the list by the end of on outright lies and deceit to try to bring into 1994. The good Lord only knows where we discredit what the Government has done. reside now in respect of total factor productivity A little while ago, a long debate was held analysis of the electricity industry in this in this Chamber over a three-day period. country. During that debate, I sought to outline to the Mr McGrady: How many people are House—and, I thought, rather successfully— you going to sack? the protections that are contained within the Mr GILMORE: The member opposite is legislation for employees within Queensland a disgrace. Now he stands up and questions workplaces. I sought to do that because I took this magnificent plan that we have put in place very, very seriously the points that members that in four months he has not laid a glove on. opposite made. They expressed concerns He stands up and tries to somehow or another about what protections were contained within bring it into disrepute when in fact we are our legislation. At that time, as a result of an resolving some of the issues that he failed to inane interjection by a member opposite, I resolve because he did not know what to do. took about an hour to explain what the protections were. But clearly it did not sink into the heads of members opposite precisely what Workplace Relations Act protections there are. So let me go through Mr MALONE: I ask the Minister for them again. I will do so briefly, because I do Training and Industrial Relations: will he outline appreciate the value of question time, to the House what protections are contained in particularly on the part of the Opposition. The the Government's Workplace Relations Act for statements that Opposition members have employers and employees? been making are so scurrilous that they deserve a reply by the Government. Mr SANTORO: I thank the honourable member for Mirani for his question, which was The first thing that we did in the legislation asked as a result of some of the concerns that was to preserve the inalienable right of the he raised with me. These concerns emanated Queensland Industrial Relations Commission from the scurrilous and misleading campaign to act as an independent umpire, to have that has been conducted by the Labor Party cases—whether they are awards, certified opposite and its union mates in the agreements or QWAs—brought before the community. It is a negative, carping campaign commission and determined and judged by an that refuses to acknowledge the enormous independent umpire. The commission is protections contained in the legislation which charged with establishing and maintaining an was passed with the greatest of ease about effective award safety net, certifying five weeks ago and which has been agreements and approving workplace overwhelmingly accepted by the community. agreements. Of course, as honourable On the other side of the House is a group members would know, this will be done by an of people who are ideologically bankrupt—as I Enterprise Commissioner, who will be a will outline to the Parliament later on—a group member of the Queensland Industrial of people who do not have any solutions when Relations Commission and will fulfil the same it comes to workplace reform; it is back to the independent role as all other commissioners. past. They are seeking to spread fear within The commission is responsible for dealing with the community, but the community is not claims relating to dismissals. being taken in. This Government has done a In terms of the awards, the Industrial good job in terms of seeking the mandate Relations Commission is required to ensure from the people at the election. It has done a that a safety net of fair and enforceable good job by going out and trying to bring minimum wages and conditions is established legislation into this place after a consultation and maintained. I repeat "established and process. It has done a good job in bringing maintained" because honourable members into this place a Bill which is now an Act that opposite have been out there scaremongering clearly seeks to reflect the aspirations of and saying that once the safety net is people within workplaces on both sides of the established it will not be maintained and that employment equation—employer and perhaps what will happen is that the employee. What we have is a Labor Party that Government or the commission will let it fall 20 Mar 1997 Questions Without Notice 691 behind the rate of inflation. Clearly, that is not Central Queensland Development the intention of this Government, and it is Mr LESTER: I ask the Minister for certainly not the role of the commission. The Economic Development and Trade: can he role of the commission is entrenched within inform the House of progress in his the legislation. It clearly has responsibilities, department's consideration of an approval for and those responsibilities will be fulfilled. a proposed development in central As to certified agreements—one cannot Queensland? be fairer to employees than the fairness that is Mr SLACK: I thank the honourable put into the system as a result of the member for Keppel for his question and the provisions contained in the legislation and positive nature of his question, in contrast to applying to certified agreements. The CAs some of the questions that have been asked need to be explained to employees in a way by members opposite. I appreciate the that is appropriate to their particular member's interest in that particular circumstances and needs. During the debate development that is taking place in central on the Bill, some of those specific Queensland. circumstances and needs were indeed addressed by amendment in this place. I take this opportunity to inform the Members opposite, together with the member for Keppel and the other members of honourable member for Gladstone, came to the House that BHP is currently carrying out a me and said that the specific circumstances feasibility study into the development of a and needs needed to be beefed up. Because proposed ammonium nitrate plant at Moura. we are the fair people that we are on this side That particular plant will require an expenditure of the House, we actually accepted by BHP of $130m. In the construction stage it amendments that clearly reflected much better will involve the employment of 150 to 200 the specific circumstances and needs. The people. After it has been constructed, the CAs, of course, need to be non-discriminatory, running of the plant will require the permanent and specific provision is contained therein. employment of 50 to 60 people who, I am They must pass the no-disadvantage test. informed by BHP, will be locals. They must be approved by a valid majority of BHP, with the assistance of my employees. These conditions are contained department, is currently looking at a feasibility within the legislation with a view to providing and draft impact assessment study, which was protection. prepared by the company. In January, my When it comes to Queensland workplace department released that particular impact agreements—again, those particular assessment study. At present it is examining conditions and requirements are contained the impacts of the proposed plant. The study therein. If honourable members want me to go is part of BHP's overall feasibility study of the on, I will, but obviously they have got the plant. The outcome will be considered by BHP message. If they want to tell lies, we will rebut later this year. If the decision is to go them in this place and beyond. ahead—and we believe that it is looking positive and expect that decision by the middle of the year—we would expect the plant State Emergency Service Subsidies to be constructed and completed by 1999. Mr BREDHAUER: I refer the Minister for Emergency Services to the Government Let me point out once again to the policy of providing annual subsidies to local knockers opposite—following my ministerial councils to provide operational State statement this morning—that the number of Emergency Service units, and I ask: can the committed projects in this State has increased Minister explain why he is deliberately by 10%. Queensland leads the way of all discriminating against Aboriginal and Torres States in Australia in relation to the number of Strait Islander community councils in projects that my department is obtaining. Queensland, which receive a $1,500 annual Since we came to office, we have obtained 20 SES subsidy, when all other non-Aboriginal new projects of major status in a total of 100 and Islander councils receive a $3,000 subsidy projects altogether. That represents a record for their SES units? number of projects being considered by my department. Mr VEIVERS: It is not the case that we are not supporting those particular people. An Opposition member: You're not Right now we are in the throes of fresh very convincing. negotiations with those particular people on Mr SLACK: The member says that I am the very subject about which the honourable not very convincing. These are statistical member is talking. figures. Access Economics made an 692 Questions Without Notice 20 Mar 1997 independent economic assessment and came to enterprise bargaining and to improving the up with these figures independently: a 10% welfare of Queensland and Australian increase in Queensland, and in Victoria 3%. workplaces by genuine agreements that are The number of committed projects in struck at a workplace level, rather than Queensland is ahead of the number of continuing—as they are seeking to do now—to projects in any other State in Australia. That is embrace a one-size-fits-all, outdated, a fact of life, I am sorry. If members opposite centralised award system. are not interested in that, if they are not To answer the honourable member's interested in the positive aspects and if they question very specifically—the system that the are not interested in the employment of Labor Party is suggesting is clearly wrong. It is people, I am sorry to hear that. That is one of not meant for today's world; it is meant for the the reasons that they will not attain world that existed 100 years ago when the Government in this State in the foreseeable industrial relations system so carefully nurtured future. by the Labor Party when it was in Government fell into disrepute. It is clearly desirable to give Ms L. Staib the various parties within Queensland and Australian workplaces the ability to negotiate Mr WELLS: I refer the Minister for agreements, subject to the proper safeguards Emergency Services to the memorandum being in place, so that the specific from the Ministerial Support Unit which he circumstances of the businesses can be tabled that says that Ms Staib had never been considered. To suggest that we return to an a salaried employee in the office of the insensitive, out-of-touch, centralised award Minister. I also refer to the Minister's much wage fixing system is certainly not the way to more sweeping claim that she has never been go. on his staff. As well, I refer the Minister to his contact list of 29 February 1996, which lists Ms Employers and employees need to have Staib as an acting policy adviser, and I ask: the flexibility that was afforded to them under was she at that time engaged as a the system that the Labor Party embraced consultant? Or was she engaged by the when it was in Government so that the department and then seconded to the agreements that are reached at a workplace Minister's staff? Or was she offering her level are able to reflect the specific needs and services voluntarily on the understanding that, desires of the workplaces and the parties after a period of days, she would be given the within that workplace. Clearly, the system $2,000 a week consultancy, which was in fact which was embraced by the Labor Party when awarded to her, and on which she it was in Government but which it now ditches commenced work on 26 February? in Opposition provided the flexibility that business needs. Mr VEIVERS: It is very hard to get through to the solicitor who is the shadow It is important to note what members of Minister. I refer him to the answer that I gave the Labor Party said when they were in yesterday that covers all aspects of the Government, which is different from what they situation. are saying now that they are in Opposition. Accord Mark VIII, which was announced on 22 June 1995, proclaimed— Industrial Relations System "The Accord parties are strongly Mr GRICE: My question is an encore for committed to the extension of enterprise the Minister for Training and Industrial bargaining . . . The Government and the Relations. I ask: in light of the Federal ALP's ACTU will promote and facilitate policy backflip on industrial relations, can the workplace bargaining as the primary Minister outline why a centralised industrial means for delivering outcomes which system would be wrong for Queensland? maintain and improve living standards." Mr SANTORO: The Opposition should In April 1993, former Labor Prime Minister Mr be clear about what has motivated this Paul Keating said— question, that is, the scurrilous backtracking of ". . . we advocate an industrial model the Federal Labor Leader supported by the which places primary emphasis on State Labor Leader and his shadow Ministers bargaining at the workplace level." in terms of enterprise bargaining versus the centralised system. Nothing in Australian On 28 October 1993, Laurie Brereton, the political history comes up to matching the then Minister for Industrial Relations, said— shame that people opposite must be feeling ". . . our move as a nation is from a as they abandon their so-called commitment centralised to a decentralised industrial 20 Mar 1997 Questions Without Notice 693

relations system, to a system based In the same debate, the member for primarily on bargaining at the workplace, Waterford, the union fellow, supported the with much less reliance on arbitration." idea of enterprise bargaining and greater On 10 March 1991, Bob McMullan, the person flexibility when he stated categorically that who is now perpetrating the greatest industrial Labor— relations backflip in which Labor has ever ". . . had moved away significantly from indulged, said— the rigidities that existed under the award "I don't deny the importance of a system." flexible industrial relations system. There Those members look away during this is no doubt that a flexible industrial contribution; they fail to interject because they relations system will help us increase have no answer! productivity and efficiency." What Senator McMullan has done at the However, only recently, in a major policy Federal level is grossly hypocritical. It is grossly announcement on behalf of the Labor Party, contradictory of the fundamental principles of he went back 100 years. Senator Peter Cook, the Labor Party. The support given by the a former Industrial Relations Minister for Leader of the Opposition and honourable Federal Labor, said— members opposite to the turning back of the ". . . a flexible and decentralised system clock is a disgrace in terms of political would produce efficiency and exercises that should be beyond the hypocrisy productivity." demonstrated by honourable members Even the ACTU in its Putting Jobs First opposite. document recognised the need to move away from a centralised industrial relations system. Courts Service Strategy That document states— ". . . a primary focus is the devolution of Mr T. B. SULLIVAN: In directing a authority by the continuation of a more question to the Attorney-General, I refer to his decentralised and flexible approach to answer to question on notice No. 962 in which wages and working conditions, based on he said that consultation had occurred workplace bargaining." between the Department of Justice, the Courts Division and the President of the Justice of the So that honourable members opposite do Peace Council. I table a statutory declaration not become too comfortable and think that I from Michael Bertram, former president of the have not done my homework and had a close Justice of the Peace Council, rejecting that look at what they have said, I will quote what and other consultations that the Attorney- some of them have said. In February 1994, General claims took place. I ask: did the the former Minister and member for Yeronga, Attorney-General deliberately mislead Mr Foley, said— Parliament about those consultations? "Labour market reform through Mr BEANLAND: I am not sure to what enterprise bargaining is necessary if we the member is referring. He has asked me a are to ensure that the Queensland and question about some consultations and about Australian economies are productive and an answer to a question on notice. However, competitive. he has not indicated what he is talking about Those with the knowledge of the in relation to which consultations. If we have enterprise will be better able to customise indicated that consultations took place, a formal agreement which best meets the consultations would have taken place on production requirements of the business whatever issue it is. One would not have given and at the same time meets the needs of that sort of answer otherwise. I will leave it to the workers." the member to sort himself out. That is the system that we have now. During the debate on the industrial relations Office of Consumer Affairs legislation on 24 February 1994, the member for Everton, Mr Welford, applauded what he Mr HARPER: In directing a question to described as— the Attorney-General and Minister responsible for Consumer Affairs, I acknowledge that the ". . . the fundamental principle of flexibility Office of Consumer Affairs plays an active role which allows enterprise agreements so in educating consumers about their rights in that individual enterprises can organise the marketplace and warning consumers their workplace to perform their work in the most effective and efficient way about suspect schemes and products. I ask: possible." what steps has the office taken to prosecute 694 Questions Without Notice 20 Mar 1997 those individuals and companies that breach Leichhardt Urban Renewal Project Queensland consumer legislation? Mr LIVINGSTONE: I refer the Minister Mr BEANLAND: I thank the member for for Public Works and Housing to his failure to Mount Ommaney for that very important and renew the contract of the Delfin Property appropriate question. The member for Mount Group for the urban renewal project at Ommaney has shown a great deal of interest Leichhardt, and I ask: will he give an in consumer affairs issues. I can understand undertaking that the Leichhardt project, which his concerns about what is occurring in relation was commenced by the previous Labor to following up on matters. I am sure he is Government, will be continued and aware that the National/Liberal coalition completed? Government has placed a great focus upon Mr SPEAKER: I call the—— consumer affairs, particularly in relation to consumer safety, revamping the investigations Mr CONNOR: I could not hear the department, the fair trading department, and question. also customer service. Following those actions, Opposition members interjected. we are very pleased to say that the number of Mr SPEAKER: Order on both sides! prosecutions that have occurred under a The member will repeat the question. number of Acts has increased. Mr CONNOR: I rise to a point of order. If It is well worth noting that, in New South the member spoke into his microphone, Wales, which has a much larger population maybe could I hear. than Queensland, 150 breaches of consumer Mr SPEAKER: Order! There is no point legislation resulted in approximately $247,000 of order. I ask the member to repeat his in fines being obtained. When one compares question and I ask for order. those figures with the Queensland figures, one finds that in Queensland, under the Mr LIVINGSTONE: I refer the Minister Auctioneers and Agents Act, there were 95 to his failure to renew the contract of the Delfin prosecutions for $95,000-plus in fines; under Property Group for the urban renewal project the Fair Trading Act, another $57,000; under at Leichhardt, and I ask: will the Minister give the Trade Measurement Act, 26 prosecutions an undertaking that the Leichhardt project, bringing $33,000 worth of fines; and under the which was commenced by the previous Labor Classification of Publications Act, 21 Government, will be continued and prosecutions bringing in $24,000-plus in fines. completed? So it is quite clear that the Government is Mr CONNOR: Yes. pursuing a range of areas in which people offend against the terms of the legislation. I am very pleased to say that there has been a Police Numbers revamp in a number of sections of the Mr ELLIOTT: I ask the Minister for Consumer Affairs Office to enable follow-up on Police: can he outline what the Government is those issues. doing to boost police numbers in places such It is important that the public at large, as as Charleville and what it is doing to improve well as business people, are educated that the conditions of police working in remote they must accept their obligations in the areas? marketplace. As part of that awareness, Mr T. B. Sullivan: You got stung, people need to understand that action will be didn't you. taken to investigate and, if need be, prosecute Mr COOPER: I am not stuck at all. We breaches of the various pieces of legislation have heard enough about Charleville. which come within the Consumer Affairs portfolio. Mr Barton interjected. Mr COOPER: Being stung by Tom is Under the previous Government there like being hit around the ear with a warm was a lot of hype but little action was taken in lettuce leaf. There is nothing there. Poor old a range of areas relating to consumer affairs. Tom, he is a cream puff. Under the previous Government, there was lot of neglect and inaction compared to the Mr Fouras interjected. actions that this Government is taking in Mr COOPER: Yes, he is a bit of a relation to a wide cross-section of activities that cream puff. Opposition members have been relate to the Office of Consumer Affairs. I am travelling the State, and we try to assist them very pleased to have that question asked by to get around the State so that they can open the member for Mount Ommaney and to be their eyes and go out among the rural people. able to reply to him. They never go very much further west than 20 Mar 1997 Questions Without Notice 695

Ipswich—much. We encourage Opposition Mr SPEAKER: We are not debating the members to go out to rural areas to see for issue. themselves what is going on and to get a feel Mr COOPER: The Charleville police for what is going on, because in relation to district and those areas surrounding police numbers in those areas, and in Charleville. I just told members opposite that particular Charleville, a lot is going on. Charleville itself has four operational vehicles Mr Palaszczuk interjected. and four in the surrounding stations. I just told Mr COOPER: I know Henry has a lot members that. That is what those officers in more to do with people in rural areas than the those areas use because that is where they Opposition spokesman. are needed. When it comes to outlying Mr Palaszczuk: Cunnamulla is the stations, members opposite would not have a same as Charleville; there's a lot of crime clue. Police in those outlying stations have to there. have four-wheel drives to be able to do their job or to get to Charleville. That is why they Mr COOPER: Keep rabbiting on. I am have them. Why does that fool opposite think fully aware of Cunnamulla and lots of other the officers have them? That is why those places. I know all of those centres, because I four-wheel drives are there. We are also have spent a lot of time out in those areas. looking for another four-wheel drive for those I thank the honourable member for officers so that we can make sure that they Cunningham for the question. Obviously, he is can do their job properly. in touch with what is going on out in those As for accommodation—— areas—in the Charleville area and other areas right across the State. Police numbers are An Opposition member interjected. going to be improved in city areas, even in Mr COOPER: Yes, and I am serious Opposition electorates. They are going to be about it, too, because we have made moves improved constantly right throughout this year to have barracks in Charleville, in Mount Isa and next year. and in many of the other country places that We will be able to provide relief for those were neglected completely by the former stressed police officers whom the previous Government. It did not even give officers in Government was quite happy to see stressed. those areas a chance. It did not even give It would not give them any relief. Constantly, it them a bed. It is no wonder the former made those officers suffer. Government could not get police officers to go Mr Barton: What are you going to do out into that area, because it would not give about it? them a place to sleep. In Charleville, Mount Isa and all of those centres through that area, Mr COOPER: We are already doing it. this Government is providing officers with Not only will the honourable member's beds, barracks and houses—things that the electorate get more police but so, too, will former Government would not do. those electorates out in the west and north west—Charleville and so on. Mr Livingstone: They're sleeping on a swag on the ground. Mr Barton: Let's hear about Charleville. Mr COOPER: That is the legacy that Mr COOPER: The member has been the former Government left and this on record as saying that Charleville did not Government has to correct. have a four-wheel drive. Charleville has four of them—four operational vehicles in Charleville Mr Livingstone: You're a fraud. and four four-wheel drives in those centres Mr COOPER: It is the mess that the surrounding Charleville where they need them former Government made, and this and where they belong. The Stock Squad has Government has to clean it up. That is exactly one and so have three or four other districts. what this Government is doing and all of those Mr Livingstone: So they can borrow police out there know it. The member also them. knows that if people ever want to sleep on the Mr COOPER: Borrowed? What is the floor or roll out a swag, that is what they do in member talking about? These are four-wheel- the bush. Most people out in the bush, drive police vehicles. The idiot would not know especially if they are in the Stock Squad, have one if he saw one. a swag. That is what it is for. I say to that idiot opposite that the swag is to sleep on. That is Mr BARTON: I rise to a point of order. exactly what it is for. The Stock Squad is The Minister is misleading the House. The mobile and its officers are ready to sleep out in police at Charleville Police Station do not have the bush or wherever else they like. If they one single four-wheel drive at that station. want to sleep on the floor in their swags, why 696 Criminal Law Amendment Bill 20 Mar 1997 not? The member ought to try it some time. Mr Elliott: You would know what a swag He would not have a clue. is. An Opposition member interjected. Mr PURCELL: Yes, I know what a swag Mr COOPER: Members opposite have is all about. In many cases, the only swag I said that police in the Charleville area have no had was a bag to put over my legs to try to four-wheel drives. I have told members that stay warm. I have worked in shearing sheds, they have four. When members opposite said which in itself is an education. When I first left that those officers do not have school, I did not want to miss a day of work for accommodation, I told them that this one particular employer. We worked seven Government is purchasing two houses and days a week because we did not want to miss police barracks to accommodate up to nine anything that we knew would be important. It officers. They are things that the former was a very educational job. Therefore, it is very Government could have and should have important for our youth to have work. If they all done. We are buying them. All the way had work, we would not need to debate so through, the former Government could have many amendments to this Act. and should have done things, but it never did Henry says that when an individual a thing. It never lifted a finger for those ceases to learn, he or she ceases to exist. He officers. That is why members opposite are does not believe that young people should such a disgrace. stay in the school system if it is inappropriate The member opposite carries on about to their needs. Some students do not want to Ipswich police numbers. For heaven's sake, he be there and, in many cases, are not suited to has the full complement of police in Ipswich, be there. They should be allowed to gather up and he is darned lucky to have them because their talents and move on. After a certain age his former Government would not provide young people need to work, mix and study them. This Government has provided those among adults so that they can be productive numbers for that member's electorate. and reach their potential. Similarly, Charleville and all of those other rural centres are going to get the attention they Mr Elliott: A lot of people who learnt have long waited for after the suffering that that way have turned out to be very successful the former Government put them through. businessmen. Mr PURCELL: I agree. Henry says that CRIMINAL LAW AMENDMENT BILL in terms of natural growth and emotional development, we can never say that 18-year- Second Reading olds are still school children; they are not. They Resumed from 19 March (see p. 651). are young adults. Under the scheme that Mr PURCELL (Bulimba) (11.30 a.m.), Henry proposes, they would be half-way continuing: Yesterday, in speaking to the through an appropriate training course that Criminal Law Amendment Bill, I was referring pays a wage and sets their sails for the future. to youth unemployment and education, and The school system for such young people is the effect that this Bill will have on those negative; it is a waste of time and money for issues. I referred to a constituent of mine, the State. Henry, who has sent me some information It is great that some young adults stay in about what he sees as the causes of the school system and reach a standard which lawlessness and youth unemployment today. allows them to study at university. We should To continue, Henry believes that it is all be proud that some of our youth can important not to waste education, that it achieve those goals. However, those who should be channelled to where it has the most choose to start a training course in Grade 10 effect and that it should always be ongoing to prepare themselves for work, as Henry and changing. Educating children is one long proposes, may at a later stage gain university phase—the longest part of which, of course, degrees. There are university places for only comes from the university of life. If people of approximately 25% of Grade 12 students. As my age turn their minds back to when they left Henry says, obtaining success in one school, the issues for us were not where we endeavour always opens the door to success would find jobs, but which job we should in another. It is great that some youth choose choose. We were very fortunate in that regard. to travel the path of the university of life, and I have worked as a farm hand, carted hay, good on them, but all youth should have an done contract ploughing, carted lucerne and equal opportunity to grow and prosper as slept in paddocks. human beings. 20 Mar 1997 Criminal Law Amendment Bill 697

Henry states that the main responsibility the list of medical priorities, which can only of the health system in regard to youth is to destroy the medical system. concentrate on the prevention of illness. He The physique of the young is designed to says that the majority of young people are eventually provide food and shelter. To do this healthy in a physical sense and do not require in the modern society, one has to have a job. much in terms of medical procedures. Without a job, young people are left out of the However, when a welfare State is increasing, race completely and all their dreams for the not subsiding, the mental health of young future are destroyed. It is very important that people is placed in danger because there is a we see that youth have employment as a failure to allow for natural growth and building block to develop modern society. emotional development. The alarmingly high I turn now to the issue of picketing, as suicide rate among young Australian males discussed in terms of this legislation. The comes to mind. It is true to say that, whatever proposed new Code increases the maximum we do, some people will commit suicide and penalty for assaults and interfering with the we may never know the reason, but when freedom of people to work from three months there is a high concentration of suicides in a to five years. That is absolutely crazy. The particular group then there is cause for alarm. Scrutiny of Legislation Committee Alert Digest On this subject, Henry says that one of the states— strong, common characteristics of a young "The rights of citizens to take male that is mostly ignored is to set goals and industrial action by, for example, peaceful plan for the future. If they see no future, they picketing of a workplace, are well may also see no point in living. Apart from established and have long been suicide, young males lose hope and, recognised in Australia and accordingly, their self-esteem drops to the internationally. These are subject to lowest level. However, with a job and a jingle in reasonable regulation to protect the rights the pocket, one can get on with life. of others and this section is among a Henry believes that in a volatile and number of such provisions. The changing world we must rise to the occasion Committee would not condone the and, to do this, we have to use all of our physical assault by other persons by talents. In a welfare State we use only some those involved in picketing and other of our talents—and these may not be our best activities. There is, however, a danger talents, which we may never come to know. that if penalties are too high, those We must develop all of our talents. According engaging in lawful industrial protest to Henry, the serious signs of the welfare State without the intent of committing are as follows: lending institutions make record assault . . . may be restrained from profits; multinationals swallow up small exercising their right." business, and this is happening all the time; I totally agree with that statement. Take, for we give other nations control of our natural example, the verbal abuse of somebody who resources or we sell those resources at a is scabbing, that is, taking a job from someone reduced rate; we sell off our assets; social who is striking to improve their working issues and the environment become more conditions or the working conditions of fellow important than productivity and wealth and the workers. The scab labourer is prepared to take wellbeing of our youth; the survival rate in the the bread out of the mouths of the striker's middle class structure increases to a higher family, and under this legislation the striker will level, and those in the lower level fall into not be able to object at all. It is not an exercise poverty—and here we are talking about of democratic freedom for a worker to refuse working poverty; the educational and health to belong to a union; it is an acceptance of the systems become too expensive to run benefits that others have worked for without contributing to the costs. Democracy flourishes because of exploitation, waste and overuse to only when freedom is accompanied by the point where they become unrealistic; and responsibility. we have long waiting lists in the public health system and the public and private health I wish also to speak about what people in systems grow wider apart. Bulimba are doing and hope to do for our youth. At the moment, young people in our Henry asks: what is the difference community are facing fairly tough times. between the need for the same operation that People from the Balmoral State High School is performed in the private sector today and P & C have approached me and spoken to one that is left undone in the public sector? the officer in charge of the Morningside Police That can be seen only as an unfair distribution Station, Gary Keillor. We are very keen to of favours away from the order of merit and establish a drop-in centre for youth in our area. 698 Criminal Law Amendment Bill 20 Mar 1997

I am sure that we will get a lot of cooperation Criminal Code. Recently, I received a letter from employers. We are currently looking for from the Domestic Violence Resource Service an appropriate site for that centre. I appeal to in Mackay. I wish to quote from that letter, local businesses and employers to assist this written by Ms Eunice Donovan, coordinator of scheme if they can. We would be most the domestic violence service in Mackay. She grateful for their assistance in providing a fully states— equipped meeting place at which young "The Criminal Code was originally people can be trained in the skills that they will drafted and enacted by men at the turn need in their working life. I am sure that of the century. At this time, women were employers in my area would benefit from such still considered the legal property of men a program. and were only in the process of winning Before I conclude, I wish to mention the right to vote. Marriage and Neighbourhood Watch, a very effective crime relationship breakdown to the extent that prevention initiative. When I first came into the it occurs today was not a reality at this Parliament, there were three such programs in time. It is hardly surprising therefore that the Bulimba electorate. There are now nine. the laws were drafted to reflect men's They certainly work and also allow the experience and do not take into account community to interact as neighbours. the devastating impact of domestic Neighbourhood Watch is about being a violence and sexual assault on women's neighbour, that is, caring about the person lives. Indeed the words 'domestic who lives down the road, at the back or up the violence' do not appear anywhere in the block. For example, I refer to caring about Code." elderly people who live on their own. If I am aware that there have been various someone knows a bit about them, they can reviews of the Criminal Code since then be assisted if they have a problem. The approximately 1992. However, only one of the programs certainly reduce the crime rate in the review committees has included a woman. area. I cannot praise highly enough the None of the committees has included people on the executive of Neighbourhood indigenous representatives or non-lawyers. I Watch. They give up a lot of their time, am disappointed that the Government places including at night. Obviously, they are such a low priority on women's concerns and I sacrificing time with their families. However, it is call on the Government to establish a genuine certainly to the community's benefit that they consultative process with women to ensure do so. that the Criminal Code will effectively serve the interests of all Queenslanders. Ms Donovan Mr MULHERIN (Mackay) (11.42 a.m.): I finishes her letter by saying— rise to speak in the debate on the Criminal Law Amendment Bill, which was introduced by "I also call on the Government to the coalition to repeal Labor's 1995 Criminal support amendments proposed by the Code which had been passed but was group 'Women for a Just Criminal Code' concerning domestic violence, rape and awaiting proclamation. This Bill is a most statutory rights to interpreters, when the important piece of legislation in that it affects Code is debated in the Parliament in our personal liberties and our everyday life. March 1997." This Government desperately needs to Unfortunately, under this Government, Ms be seen to be tough on crime. However, the Donovan's requests for a genuine consultative Government has been somewhat selective on process for women to be established have where it is tough on crime. Labor's policy was fallen on deaf ears. Labor had the decency to tough on crime. Labor is tough on crime. meet with women's organisations and listen to Labor's 1995 Criminal Code included penalties and take notice of their concerns. We will be for the unlawful interfering in elections—seven moving amendments to give effect to the years' imprisonment, bribing of a Minister—14 reforms introduced in our 1995 Criminal Code, years, and a whole chapter on engaging in namely, a definition of "consent" in rape cases organised crime—life imprisonment under and a provision to ensure that evidence of a Labor's Code. Despite several thorough history of domestic violence may be heard in readings of this Bill, nowhere can I find relevant cases of homicide. reference to these important matters. The coalition's Criminal Code contains Individually, their omission is disturbing; as a many of the measures contained in the former group, their omission suggests something a Labor Government's Criminal Code compiled little more sinister. as a result of extensive consultation and The coalition has failed to listen to the review, but it fails to address reforms of police concerns expressed by women about the powers, summary offences and victims of 20 Mar 1997 Criminal Law Amendment Bill 699 crime legislation. It also fails in the area of Malone, the then Mayor of Mackay, Gordon consultation, with the Queensland Law Society White, and Greg Whitmore, representing the expressing great concern about these issues. Mackay City heart building owners and traders, The coalition's Criminal Law Amendment an assurance was gained from the Minister Bill 1996 is all about talking tough about crime, that Mackay will get 14 more police by the end but that is not enough. A strong Criminal Code of June. While I welcome the additional 14 is just one strand of the comprehensive police, some police officers in Mackay believe strategy which includes more police, more jobs that will be a tall order to fill before the end of and more District and Supreme Court judges. I the financial year. have been advised by solicitors from my Other possible solutions to the crime Mackay electorate that the delay for a problem put to the Minister were the Magistrates Court committal hearing is establishment of a dedicated police beat and anywhere from two to three months. At a a more visible police presence, especially in District Court level there is up to a three-month the problem area of the city heart. The police delay, and at a Supreme Court level three to beat concept involves a police officer living, four months is the average. But waiting times working and walking the beat in a dedicated of six months are quite common. area, and would be perfect for the Mackay City Recently, in the Rockhampton Morning heart area. The concept was trialled under Bulletin, Supreme Court Judge Demack said Labor and was found to harness the eyes and that Queensland's criminal justice system was ears of the community and ensure that police verging on serious chaos. He slammed delays were kept in touch with local community caused by the shortages in resources, saying members. Mackay has the best Commercial that the time taken in bringing matters to trial Watch Program in Queensland. The program could lead to injustice. He said that the "pain works in conjunction with community policing witnesses were put through by the delays was programs. In fact, it works so well that recently nothing short of barbaric and jurors had the a further group of Mackay business people right to know that witnesses had a fresh expressed interest in joining the program. That memory of events". is very good news for the Mackay community. The coalition is talking about getting What is extremely disappointing to our tough on penalties, but we need judges in community, however, is the coalition place to hand out these penalties. At this Government's welshing on its pre-election point, it is interesting to note that the coalition commitment to build a police station at north has failed to implement its election promise to Mackay to service the fast-growing Andergrove appoint an additional five judges. To date, I and northern beaches suburbs. I have been am informed that only two have been informed by the Minister that budget appointed. constraints have ruled out the construction of this police station, despite the coalition's We need more police in Mackay. The promises. Labor has a proven track record of police to population ratio is one officer to 763 meeting its commitment on crime prevention. people, the highest in central Queensland. In In the Mackay electorate, Labor approved and Rockhampton, a city with a lower population constructed the new police district than Mackay, the police to population ratio is 1 headquarters, and restoration is proceeding officer to 551 people. A recent survey of on the old Mackay Police Station, which will be community attitudes conducted by the Mackay used by various sections of the police force. In City Council indicated that 45% of Mackay addition, Labor provided the funding for new residents are less than satisfied with the technology to help police fight crime, for standard of their personal safety. In the example, the introduction of the CRISP Mackay City heart last August there was a system. violent brawl involving some 40 people. Trying to control that brawl were a mere eight police Now and again we see stealing offences officers. that relate not just to the theft of televisions and videos and the like but also to the theft of At the time and for months after the food and clothing. A friend of mine recently incident, I appealed to the Minister for Police had her house burgled. When she walked for additional police numbers for the Mackay inside she thought that only the television and district in line with the coalition's pre-election video had been taken, but when she went to promises. Finally, in January this year, get a cold drink from the fridge she found that following a meeting with the Police Minister the fridge was bare. She checked the attended by me, the member for Whitsunday, cupboards and they were also bare. This is a Lorraine Bird, the member for Mirani, Ted real problem around the inner city. People who 700 Criminal Law Amendment Bill 20 Mar 1997 do not have work are stealing to feed has maintained the seven-year penalty. A themselves. further area in which the coalition is soft is its We need a whole-of-community solution lack of focus on our most vulnerable—the to crime. We need more employment. We aged and the disabled. The coalition seems to need an aggressive approach to the have totally forgotten these people. Under unemployment problem such as Labor's three- Labor's 1995 Criminal Code, the provision year, $200m Community Jobs Plan. The existed whereby if an assault was committed on a person over 60 or a disabled person, Community Jobs Plan is about stimulating then that was an aggravating circumstance economic development, which in turn will and the penalty increased from three years to create more jobs. In the Mackay electorate in seven years. The coalition's Criminal Code the short term it is estimated that the makes no distinction and therefore the penalty Community Jobs Plan will create job for assaulting these people remains at three placements for some 650 unemployed years. Mackay people. Once this Bill is passed, I am sure that Since the coalition came to office, we the coalition will mount an expensive have seen the scrapping of the $13m training advertising campaign saying that it is getting and employment programs, the Public Sector tough on crime. But that money will be wasted Trainee Subsidy Program and the $5.3m on advertising and would much better be used Youth Employment Service. The number of to increase crime prevention measures Queenslanders in full-time jobs has fallen by throughout the State. 24,400 and unemployment has increased by 28,200 to create the longest dole queue in the Mrs CUNNINGHAM (Gladstone) State's history. We now have 167,000 jobless (11.55 a.m.): It is a pleasure to rise and speak Queenslanders. Of great concern is youth on the Criminal Law Amendment Bill. One of unemployment, which has risen to the recurring themes right across this State in 35.5%—more than one in three—when in the 1995 election campaign and subsequently most other States youth unemployment has has been a call by the community for tougher fallen below 30%. Based on social security sentences, for truth in sentencing—that is, if statistics, the number of people receiving criminals are sentenced to seven years, let unemployment benefits in the Mackay district them serve an adequate amount of that has grown by 728—or 21.2%—over the past time—and for criminals to recognise that once few months. Mackay's increase is not isolated. their criminal activity commences they trade off No centre in Queensland, with the exception their rights. One of the recognitions of that fact of Thursday Island, has seen an overall is in the early sections of the Code, where the decrease in the number of people applying for Minister has recommended the loss of unemployment benefits since November common law rights when a criminal is injured 1996. during the execution of a crime. Members of the Opposition have raised The Government has failed miserably to some concern about that loss of rights, and I create jobs in regional Queensland. It is more have some sympathy for that concern. They interested in freezing things than heating up have argued that if a person engages in job creation in this State. The Premier keeps criminal activity such as entering a home and talking about job creation programs in the next the home owner uses unnecessary force and Budget, but that is another two months away. is subsequently charged with assault, the What is he doing in the meantime? Certainly perpetrator should retain some rights. In fact, I in Mackay a step in the right direction would had had an amendment drafted to that effect. be to announce the preferred developer for But my attitude to give perpetrators some the East Point project, as this is projected to rights has developed only over the last week. I create some 400 jobs during the construction would have to say that prior to that my attitude phase and 450 jobs in the resort area after was much like that held by many in the construction. community, that is, if people go somewhere The coalition's Criminal Law Amendment with criminal intent, they leave their rights at Bill is merely a political document. When it the door, and so I have withdrawn that comes down to taking action, the coalition is amendment. Whilst there will be some soft, especially on the issue of the penalty for statements that it will disadvantage people bribing Ministers. Labor's Criminal Code who are hurt unnecessarily, perhaps included a penalty of 14 years for bribing a consideration should be given to the Minister, an increase of seven years from the consequences of their action before they existing Criminal Code, and yet the coalition engage in criminal activity. 20 Mar 1997 Criminal Law Amendment Bill 701

One of the clauses that I want to draw to The process of taking statements from the attention of the House, because I want to the child was gone through, but the solicitors refer to it later on, is clause 10. In layman's acting for the family asked for a blind to be terms, it states that you take the victim as you placed in the courtroom to restrict vision find them. A defence to, say, manslaughter or between the child and the accused. That was a murder charge is not that you did not know denied because it was argued that it would the person had a bad heart or you did not disadvantage the accused person. The little know that they had an eggshell skull or you girl was also refused any comfort—anyone to did not know that they had some other sit with her—on the stand. The accused's weakness or abnormality. I think most solicitor succeeded in reducing the child to Queenslanders would support the concept tears. At the end of the day the parents that if you are going to do something to withdrew the action. The second girl's family someone, you count the cost before you start, left town and the third little girl's family was not and if the person does have a weak heart, has prepared to put their child through the trauma a heart attack as a result of your attack and of a court case. That that should happen is dies, the charge should be stronger than just wrong. It is my understanding that the Minister assault. I want to call that up later on in a is looking into that. separate section in the Bill. Children are vulnerable. The damage that I have a question for the Minister on is done to them at the time they are attacked clause 16 regarding the disclosure of official is immeasurable—some of it is latent—and secrets. I ask: will the public officers be clear in everything should be done to protect them not what material is covered by that requirement? only from the incidents occurring but also from Public servants handle all sorts of material the additional trauma that the court case can having all sorts of levels of importance and sometimes involve. I commend the Minister for sensitivity. Will they be liable to a prison term if tightening up any areas in the legislation that they pass on something that to them was involve young children. They deserve all the quite innocuous? I seek that clarification. protection and attention that they can get. Perpetrators of sexual activity against children Some attention has been given in the deserve the harshest of penalties. amendments to sexual activity involving It is also good to see that people who children. On Tuesday, the Leader of the allow the indecent treatment of children in their Opposition reaffirmed the community view on homes will also be facing increased penalties. the need to protect the most vulnerable in our It is fairly difficult to understand how any adult community, and this includes the aged, the disabled and children. It is with some sadness would turn a blind eye to that type of activity in that all of us recognise the increase in the their home. It occurs; history shows that. It is incidence of assaults on children. Some of reprehensible and I commend the Minister for them are quite unbelievable. I want to raise an his action in bringing those people to tougher issue that the member for Bundaberg raised justice. I also commend the Government on its when he spoke. I acknowledge that this matter move to take away the disadvantage to is not covered by this legislation; I believe it is women who have been assaulted that results covered by the Evidence Act. The member from the obligation of a judge to warn juries raised the issue of children appearing in court. about so-called unreliable evidence. For many, For the record, I wanted to raise my concerns those statements inflict a level of psychological about that. I have already raised them with the trauma additional to what they have already Attorney-General and Minister for Justice. been through at a time when sufficient suffering has occurred. I commend the In my electorate, three young girls were Minister for that move. assaulted by a man in the same incident. One The Opposition has raised quite a number little girl's family decided right at the outset not of concerns about the incest provisions, and I to proceed with any judicial process. They did have a question for the Minister on that issue. not think their daughter would be able to cope. Again, I believe 99% of the community would These kids were aged about seven. In the be in favour of toughening up incest provisions case of the second little girl, the parents were to ensure that anybody who could be quite concerned about this man's activities—it disadvantaged by inappropriate relationships was not the first time that he was rumoured to in a family unit is protected. My question is: will have interfered with children at a school—and adult children who happen to have a parent they were determined to do all that they could who, perhaps as a widow, marries and who to ensure not only justice for their daughter but meet and subsequently form relationships also that it did not occur again. themselves be regarded as being in an 702 Criminal Law Amendment Bill 20 Mar 1997 incestuous relationship? From a reading of the looked forward to will not occur because of an Government's Bill, strictly speaking that assault and that the loss of their child's life relationship would be regarded as incestuous. cannot and will not be recognised. Will there be some protection given to adult I move on now to the rape section and I relationships formed that may inadvertently be note the Labor Party's circulated amendment caught under this Bill to ensure that which I have a great deal of sympathy for. As appropriate relationships—those without any occurred in South Australia, statements have blood link or any other inappropriateness—are been made to make "rougher than usual excluded from being caught by this provision? handling" acceptable. I do not think it is Honourable members have already talked acceptable to anybody. The Labor about the right of landowners to defend their amendment talks about "free and voluntary properties. Recently, that right has been left a consent" or "consent freely and voluntarily little unclear. People in the community are given". I support the intention of that. I spoke looking for reaffirmation of that right and the to the shadow Minister and told him that I responsibility that goes with it. have conflicting advice as to whether the I now go to the assault section and in inclusion of the words "freely and voluntarily" particular to clause 47, an amendment to will help or disadvantage victims of rape. Until I section 313, which deals with killing an unborn get that issue clarified, I am reticent to include child. It is my intention, as has been circulated, anything in the new law that might to move an amendment to that clause. At the disadvantage victims of rape. moment an assailant of a pregnant woman will The exercise of authority adds another be held responsible for the death of the child definition to what does not constitute consent, only when the child is capable of being born and there does not appear to be any problem alive—and that has been defined as above 24 with that particular part. I ask the Minister: weeks. My foreshadowed amendment reads— subsequent to this Bill passing through this "Any person who unlawfully assaults House, if a structure of words that allows for a female pregnant with a child and "freely and voluntarily" is to be included destroys the life of, or does grievous without disadvantaging the victims, will he bodily harm to, or transmits a serious consider that amendment to clarify it further? I disease to, the child before its birth, ask for his comment on that. commits a crime." Home invasions have grown exponentially I believe it is vital that children or in number and severity and the level of foetuses—one can call them what one community concern reflects its frustration with likes—of any age have the protection of the that crime. Whilst penalties are severe, I law. If a person assaults a woman pregnant believe they have to reflect circumstances of and, as a result of that assault, the child dies, aggravation. The graffiti issue is one that the assailant should be held accountable Opposition members have spoken strongly irrespective of the age of the child. A child's life about. I recognise their comments about has been stopped because of the assault. sentences for graffiti being equal to some of The clause to which I referred earlier the sentences for assault. From talking to which states it is not a defence to an assault people in the street, it is my understanding to say, "I did not know the person had a weak that the cost of repairing graffiti last year was heart", or to say, "I did not know the person over $8m. People are tired of the constant had an egg shell skull", also applies here. To defacing of public buildings and of younger say, "I did not know the woman was and older kids getting into schools and pregnant", is not a defence. Offenders should mindlessly doing damage—pouring paint into count the cost before they do something that computers—to what end? Whilst the is wrong. If they kill a child—the term "viability" sentences are high, I am reminded of has been used in the Bill—the viability of the statements by members on both sides of the child has been terminated by the assault, House that courts are not obligated to use the irrespective of the age of the baby. The most severe penalties. However, the penalties viability has not been reached because of the send a message not only to the courts but assault. I cannot commend more strongly that also to the perpetrators that the community is amendment to the House. Nothing would be frustrated, angry and fed up with the more debilitating for a family, who perhaps senseless waste and it is not going to keep have been trying for a long time to have a copping this. child, that has a pregnancy terminated by an The Labor Party is proposing to omit all of assault than to know that the death of their the penalties relating to graffiti and to re- baby which was much awaited and much include penalties such as community service. 20 Mar 1997 Criminal Law Amendment Bill 703

In my experience with local government, the interpreter. I am advised that that is community wants to see the kids out fixing up happening already, and that is to be the damage that they have done. It wants to commended. The advice from Opposition see the kids realise the hard work that is members is that they wanted to see the words involved in repairing the damage they did in in writing. If the practice is occurring already five minutes. It might take five days to fix it up. and it is just going to be formalised in words, I Whilst it is not always possible for vandals to honestly cannot see the problem with that. Not actually repair their own work, if they are only complainants and defendants, but victims allocated some sort of remedial work of of crime need special consideration when they repairing damage caused by other vandals, it are sitting in a court. They have already been will draw to their attention, and hopefully to traumatised and disadvantaged. It certainly their tired muscles, just what impact five would be of benefit to them if they had a minutes of vandalism has not only on the better understanding of the processes that are community spirit but also on the community occurring to bring the perpetrators to justice. purse. I can only commend continuing the With regard to the domestic violence need for community service when vandalism is issue—again, I have been advised that this involved. already happens, and therefore the words are Generally, in spite of a lot of criticism of unnecessary. If one is involved in an issue, the Bill, I believe that it reflects the direction sometimes words are eminently necessary. It that people in the community want to see law is a comfort to know that pre-existing history and order take. They want folks to feel can be used to defend one's case and to give protected. I speak to the Labor Party's reason to why a person or somebody in that amendment about special protection for 60- person's family may have taken violent action year-olds and for people who are infirm or because of a history of violence within that disabled. Although I have been advised that it domestic relationship. could create a special class that could Although I was not here for the debate on disadvantage, say, a 59-year-old who is the Criminal Code of 1995, most people in the injured, I am convinced that there is a great community would view the reforms that are deal of benefit in including the Labor Party's proposed within the Criminal Law Amendment amendment to clause 60 simply to highlight, Bill 1996 as reflecting their concerns. They not only to the judiciary but to the community would say that it is time that people knew that and to those who would be tempted to assault if they regard criminal activity as being okay for and to otherwise injure old or infirm people, them, then they forfeit a lot of their rights and that the community views this as intolerable; their freedoms. People want to see in that they regard older people as being sentencing a reflection of the severity of those vulnerable people who have contributed to the persons' activities. They want to know that not community in their youth and deserve some only do they, as a community, view these respect and some protection. activities as unwanted, unnecessary and Mr Stoneman: I'm heading for 60, and unacceptable but that the people who I'm pleased it's on my side. represent them in this House, and the judiciary Mrs CUNNINGHAM: Aren't we all! who act on their behalf, also recognise that such behaviour is inappropriate, will not be Somebody who has a guide-dog is condoned or accepted and, indeed, will be particularly vulnerable and needs to be given condemned and taken seriously, and that special respect. People in wheelchairs, people those persons will receive the full penalty of with calipers, walking sticks or artificial limbs do the law. have disabilities in their ability to fight off, to get away from or to avoid risk situations. They Mrs BIRD (Whitsunday) (12.14 p.m.): I do deserve some special consideration, not want to speak very briefly to this Criminal Law only by this House but by the courts. I hope Amendment Bill. However, that should not that the advice I have received, namely, that it indicate the level of my concern about this Bill. may disadvantage an infirm person of 59, will This has been a fairly lengthy debate over the not come to fruition. I hope that it will just send past two days. Most issues have been out a message that we expect people—young covered by members on both sides of the and old—to show due respect to our older House. To a certain degree, it is in respect to citizens and to those who, for one reason or some of their comments that I want to address another, have a disability. my own remarks. I wish to comment on other issues in the Firstly, I do believe that, for all its good Labor Party's amendments relating to intentions, this is probably the saddest domestic violence and the court order for an legislation to be introduced into this House 704 Criminal Law Amendment Bill 20 Mar 1997 since I have been in Parliament. It is sad offences. Assaults, unlawful use of motor because it is clearly an attempt to manipulate vehicles and disorderliness offences against the criminal law by portraying this Government police are mostly, in the case of Aboriginals, as one of strength and determination. On the associated with drunkenness or drug abuse. surface it may appear so. However, as always Housebreaking, for instance, and stealing are with knee-jerk legislation—and this is knee-jerk usually committed to obtain alcohol or money legislation to polling on law and order in the to purchase drugs. I must emphasise the community—the ramifications are at best, as interrelationship between inadequate housing, other members have pointed out, irrational unemployment, ill health, poor education and and, at worst, socially expensive. their own victims of crime with crime itself. Yesterday in this complex, a wise man It is true that public nuisance and said that people learn by example; that violence, as outlined by the member for children, in particular, learn by role models. As Barron River, are not easy for legislators to I looked around the Chamber this morning overlook. Police are under pressure to do and up into the media gallery, I wondered something. But the problem cannot be solved about the role models here and in the gallery. by legislation. It is not a political problem, it is What were the questionable things that they an economic, social and political problem. To did in their past? I thought to myself, "Lord, it deal with this by means of the judicial and is hard to be humble." I wondered if perhaps criminal justice system is futile. As impatient as there were not some of them who had we may get with the problem, it must be perhaps driven a car too fast, perhaps driven a recognised that imprisonment becomes an car with a loaded gun in it, been drunk and extra inevitable yoke to be carried by disorderly in the main streets of the city or Aboriginal people. If we do not recognise this, nicked neighbours' property—perhaps cattle or black deaths in custody will continue to grow. I car parts. I wondered whether there were doubt that anyone is advocating total members who perhaps did not write graffiti as permissiveness, but until we recognise that such but perhaps put colouring and soap prison is recognised by Aborigines as socially powder into the Stones Corner fountain, suicidal and fail to treat the cause, causing much damage to the fountain and the nothing—despite the heavy penalties in this discolouration of the fountain for many years legislation and the ongoing deaths in to come. Were there those who stood in the custody—will change it. To lock people up and main street and decided to direct traffic around let them rot is an oversimplification and fails to a broken-down car, diverting that traffic down recognise that that minority community has the main street of Brisbane into a one-way greater issues that cannot be solved or limited street? They are just thoughts, but these are by long-term incarceration. the sorts of things for which we are calling the The member for Springwood referred to young people of today delinquents and do-gooders. I suspect that he was referring to making them scapegoats for much of what we social workers and people who work with those have done ourselves. less fortunate than we. He gave the The member for Barron River made some impression that he was very much in favour of comments about race and crime in her the "lock them up, throw away the key" electorate in an attempt to be an apprentice to approach. I must admit to feeling a little bit Pauline Hanson. This is not a new thing. sorry for his children, because it seemed to me Some members would recall that it was the that the first move from the member for Italian Lombroso who correlated the closeness Springwood to his children who misbehave or of the eyes and the shape of the forehead or scribble on the walls would be to lock them in the cupboard and throw away the key. That the shape of the ear lobes to denote a look carries over to the gaol system—throw them in conducive to crime. It is easy to develop a the gaol and throw away the key. The superficial conclusion—given the question has to be: what happens when one disproportionately large numbers coming runs out of cupboards? What happens when before the courts—that colour and crime go hand in hand. I believe that was the point that one still has children outside writing on the wall the member for Barron River was trying to and one has no more cupboards to put the make. It has been known for a long time that children in? Does one build more cupboards? Aboriginals, who make up about 1% of our What happens then? Where does one get the population, provide nearly 30% of the prison money to build the cupboards? Does one not population or, in some cases, a third. pay one's health bill? Does one not provide health services? Does one not pay the Those with experience know that alcohol electricity bill? These are questions that will and drugs are associated with many of these need to be answered before the long-term 20 Mar 1997 Criminal Law Amendment Bill 705 ramifications of this dreadful, dreadful Bill will in the Speaker's gallery or anybody walking be seen by the majority in the community. down the streets of Queensland can Hon. D. M. WELLS (Murrumba) understand. Part of it will be in language that (12.22 p.m.) This is not a Criminal Code. This could not be described as plain English. The is not even half of a Criminal Code. This is a original drafter of the Code, Sir Samuel Griffith, series of patchwork amendments thrown did it very well and did it with great clarity for together to amend the Criminal Code. In his time. publicising this as a new Criminal Code, the Mr FitzGerald: What language did he Minister has not been telling the truth, the write in? whole truth and nothing but the truth. This is a Mr WELLS: He wrote in the plainest Minister who places enormous value on the English available to him at the end of the 19th truth: he regards it as such a precious century. As I said, he did it very well. However, commodity that he only ever tells half of it at we do not have a completely plain English any one time. It is seriously misleading the Code. people of Queensland to put around that this is a new Criminal Code. It is not. It is nothing Mr FitzGerald: Can you give us some more than a series of amendments, which are examples of some quaint phrases that he may have used? not even new amendments. Most of these amendments are amendments that were Mr WELLS: Yes, by all means. I will taken from the 1995 Criminal Code passed by refer to them during the Committee stage if this House and subsequently assented to. I the Leader of the House wishes. congratulate the Minister on his wisdom in I will continue with what I was saying. We incorporating those amendments; lose the opportunity of a plain English Code by nevertheless, we have some significant forfeiting the opportunity of bringing in a new reservations about the many opportunities that Code. That is particularly important with this were lost by this Minister who has failed to statute above all statutes. When we talk about implement a new Criminal Code. the Criminal Code, we are talking about a What do we lose by not having a new piece of legislation that is interpreted by juries Criminal Code? The first thing that we lose is more than any other piece of legislation. As the opportunity to have a contemporary other members know, most civil cases do not Criminal Code. We lose the opportunity for a have juries. Criminal trials are the ones that complete and coherent rethink of the present have juries. It is, therefore, very important that criminal law. What we have here is a cut and the language of the Code be clearly paste job with the Criminal Code. Some understood. The judge at the end of each sections are remaining in the Criminal Code case will give a summing-up. It would be very that have been there since the very beginning helpful to a jury if a judge is able to say, "Here of this century. Other sections will be legislated is the provision under which the accused is only this year. We have a patchwork quilt, not now charged. The accused is in the dock and a new Criminal Code. This situation is this is what it is said that he did. It is in plain exacerbated by the fact that the Statutes English and I don't need to say anything more Reprint Act, which enables Parliamentary about it to you. It just means what it says." Counsel to update the language of statutes, is That might save hours of explanation by the one that can be used only very sparingly with judge. Therefore, plain English in respect of respect to the Criminal Code. This is the most the Criminal Code is particularly important. important statute on our statute book. It is What else do we lose by the fact that this absolutely imperative that there be very little Minister is not bringing to the House a new tampering without the sort of consideration Code? We have lost well over a year. This that can be accorded to a Bill that comes Government has been in office now for well before the House. Consequently, the powers over a year. It has had on the books a under the Statutes Reprint Act are exercised Criminal Code that was passed unanimously very sparingly. That is the first opportunity that by this House at the second reading, which we lose by the fact that this Minister has failed was assented to and which was never to bring to this House a new Criminal Code. proclaimed. The second opportunity that we lose by Mr FitzGerald: What are you saying? this Minister's failure to bring a new Criminal Did you say it was supported unanimously? Code to this House is the opportunity for a Mr WELLS: The House passed plain English Code. Part of this Code will be in unanimously at the second reading the plain English; part of this Code will be in Criminal Code. During the Committee stage of language that anybody in the House, anybody the Criminal Code Bill of 1995, there was only 706 Criminal Law Amendment Bill 20 Mar 1997 one division. That was on one of the clauses. practices at elections or for breaching official It passed without dissent at the second secrets; it would rather nab kids for doing reading. Honourable members opposite did graffiti. The coalition would rather turn the not divide the House on the principle of the attention of the people of this State to the kids new Criminal Code. They did not divide the doing graffiti than to turn the spotlight upon House upon any other clause. Yet, judging itself. from the cant, the jumping up and down and That trilogy upon which the Labor Party the crocodile tears that the honourable members on the other side of the House cried came in with a Criminal Code which targeted about the Criminal Code, one would have those corrupt activities of Government with thought that they had fought it tooth and nail. serious penalties has been ignored. Perhaps One would have thought that they had made since those decisions were made during the a massive stand against it. However, the truth currency of the Carruthers inquiry, the coalition is that they agreed with it. Their failure to have thought that it would be a good idea, if there that legislation proclaimed to bring in the were any negative findings in relation to correlative legislation that they needed to bring Ministers in its Government, that those in at the same time was done out of spite and findings should be pursued under the old political opportunism rather than out of Criminal Code rather than under the new genuine disagreements with the particular Criminal Code. I am sure that they will be even more comfortable, if such things are found, if provisions of the Criminal Code Act of 1995. they are pursued under the coalition's Criminal They had none that they thought worth while Code, which seriously weakens the law as this dividing the House on bar one, and that was Parliament had previously decided it. purely a procedural matter. For a year we could have had the benefit I refer also to the Government's omission of a new Criminal Code. For a year we could of the provision relating to organised crime. have had the benefit of many of the provisions Other members have referred to this point. I which the Honourable the Minister is now would like to explain to the House why that trumpeting around the place that he is provision was inserted in the 1995 Criminal bringing in. Recently, I heard him on radio Code. If somebody is standing cockatoo at claiming credit for the amendment to the laws some crime scene, that person can be relating to corroboration that he was charged with appropriate offences. If introducing. Yet well over a year ago the somebody is running messages for somebody people of Queensland could have had the involved in a crime, that person can be benefit of that amendment had the charged with appropriate offences. They are honourable Minister simply advised Executive minor offences and, appropriately, they should Council that the Act should be proclaimed. be treated as minor offences in the normal course of things. However, if a person is The honourable and learned member for standing cockatoo for the Mafia, or the Yeronga has dealt in considerable detail with N'drangheta, or the Yakuza, or the Triads, many of the provisions of the Bill about which then that is not simply the minor offence that we on this side of the House have one would otherwise think it might be. When a considerable concern. I am not going to person is standing cockatoo or running repeat them. However, I would like to point out messages for any of those people, that the basis for the Labor Party's concern about person is enabling a whole range of major some of the errors and omissions that the offences to be committed, including murder, Government has made. It has left out a gun running, drug running, money laundering number of things that were contained in the and many offences of violence. The people 1995 Criminal Code, and perhaps left them concerned know that very well. That is the out for its own benefit. I wonder why that reason why organised crime should be trilogy, that little anti-corruption package that punished severely and taken more seriously the former Government introduced in the 1995 than the component offence that would Criminal Code of bribing a Minister, corrupt otherwise be charged if it was not part of an practices at elections and official secrets, and organised crime racket. increased penalties in respect of those offences has been left out of this amending I think that the Government's decision to package? As the honourable member for take out that provision goes down very well Chermside said earlier in the debate, perhaps with the Government's attitude to the CJC. It it was something to do with the fact that, while wants to take organised crime off the CJC and the coalition is in Government, it does not it wants to neuter the CJC generally. At the want to hear too much about serious penalties moment, who has oversight of organised for bribing a Minister, or for engaging in corrupt crime? The CJC does. I am sure that 20 Mar 1997 Criminal Law Amendment Bill 707 honourable members on the other side, or at protect society; he has been arguing the least some of them, have been briefed at the benefits of incarceration for its own sake. CJC. I am sure that they have been down What are the benefits of incarceration for there and they have seen the manner in which its own sake? The benefits are that somebody the CJC conducts its organised crime is put in gaol at Government expense, at the operation; they have seen the detail that the taxpayers' expense, when society is not CJC has and its extraordinary capacity to be required to be protected from that person and able to follow the motions and the movements of people involved in organised crime. That is when there are other means of dealing with what the Government wants to take away from that person. It costs society a lot of money. the CJC. It is what the Government wants to That person is sent to a university of crime and take away from the law enforcement comes out at the other end, with nobody authorities generally, namely, the organised profiting at all from it. The people whom the crime provision. It should not be taken out of Attorney-General ought to be locking up, such the Code, and it shows the Government's as those who engage in organised crime, are priorities—that it is for taking organised crime not being locked up, whereas those who out of the Code and for weakening the trilogy ought to be dealt with by other means are the of anti-corruption offences. Instead, it is sort of people whom this Minister is targeting. interested in targeting and whipping up public An example is the matter of the entry to hatred against those who engage in graffiti. dwelling houses. Under this Minister's Criminal Those people ought not to engage in graffiti, Code amendments, 14 years' imprisonment is but they are not in the same league as people available for entering during the daytime. In who commit organised crime and who are not the 1995 Criminal Code, the former targeted at all by this Bill. Government had much more severe penalties. When the Honourable Minister has talked Those people about whom we speak are about this Criminal Code, he has been beating dangerous people and those people are being the law and order drum. When he does that, let off—the organised crime figures are being he should be a little bit careful and consult his let off, the corrupt Ministers are being let off. own philosophical basis. When one talks The Minister is banging the law and order about tougher penalties, what is one talking drum, but he is banging the wrong drum. about? Of course, the Criminal Code is the Within the Code, there is an omission of a blunt instrument of the legal system. The number of other significant points. There is no Government ought to be doing more for crime offence of disfigurement and there is no prevention; it ought to be doing more to offence made of an attempt to transmit a eliminate unemployment, which is the root disease, both of which were included in the cause of most crime; and it ought to be doing 1995 Criminal Code. It would have been very more to enable communities to stave off the desirable to include them in the 1997 criminal activities of those who would inflict amendment to the Criminal Code. However, them. I acknowledge that the Criminal Code is the Minister has left them out. not an instrument by which very much of that can be done. The Government has many Mr FitzGerald: I wouldn't go around strings to its anti-crime bow, but the Criminal disfiguring anyone and hope to come out with Code is only one of them. The main no penalty. Come on! instrument available for the Criminal Code is Mr WELLS: I take the honourable the size of the penalties. However, we should member's point. The honourable member is consider the purpose of having a Criminal obviously saying that grievous bodily harm or Code in the first place. some other offence can be charged, and The purpose of having a Criminal Code is certainly it can. However, what about to protect society. Incarceration is a very great somebody who assaults somebody else, not detriment to inflict upon anybody. Society has with the intention of incapacitating them but only one justification for depriving any person with the specific intention of disfiguring them? of his or her liberty, and that is the protection Cases such as that have occurred in the last of society itself. One can only justify locking up few years and it was because of cases such somebody if one needs to do that to protect as that that this amendment was included in society. The Honourable the Minister, in the 1995 Criminal Code. Those sorts of people beating the law and order drum in the way in need to be targeted specifically so that they which he has been doing, is beating the law know in advance that they cannot do that. A and order drum indiscriminately. He has not person who does that is every bit as bad as simply been targeting those offences for which somebody who attacks with the intent of people need to be locked up in order to causing incapacity. 708 Criminal Law Amendment Bill 20 Mar 1997

In fairness to the Honourable Minister, months for further input from the public at many of the amendments that he has large. Therefore, it was a little rich to hear introduced are desirable, including one or two some members saying that there was not that did not come straight out of the 1995 adequate public consultation. The former Criminal Code. I note that he will be advancing Government's process went on for some five the law somewhat, but he is a year late. He years. Amendments to its Code and draft could have done it a year ago. The people of documentation were presented week in and Queensland have lost that benefit. week out. No-one was quite sure what the final I conclude where I began: this is not a product was going to be. In fact, some Criminal Code; this is not even a part of a dramatic changes occurred as we went along. Criminal Code; this is not even an excuse for a In this process, we have tried to proceed Criminal Code. That is just a series of slowly with these updates and work through amendments to the Criminal Code. It should them, allowing plenty of time for them to lie on not be characterised as a new Criminal Code the table so that people could make additional any more than the amendments that were comments on them. introduced by the Minister's much more Comments have been made about the learned predecessor, Paul Clauson, in the late language in the Code. By keeping the existing 1980s were characterised as a new Criminal Code and updating it, we have kept certainty. I Code. say that because it was emphasised by the last speaker and others that we should have Hon. D. E. BEANLAND (Indooroopilly— rewritten the Code. I am sure that all members Attorney-General and Minister for Justice) would be aware that that would have created (12.42 p.m.), in reply: Firstly, I thank all a great deal of uncertainty. It certainly would members for their participation in the debate. I have led to a clogging of the Appeal Court knew that it would be a debate in which most process and a huge increase in workload. That members would speak, and that has certainly is not only my own view but also the view of been the case because most members relate lawyers, and it was covered by the President to issues in their own area, apart from what of the Appeal Court in one of his annual might or might not be contained within the reports when he highlighted the fact that that particular updates of the Code. would create a great deal of work. Labor Party members have obviously Of course, one of the reasons that the been to a few acting courses, judging by some Government went down this track was to of the performances that we have seen in the ensure that there was certainty—certainty last couple of days. It is quite clear to me that within the Criminal Code, certainty for the they have had a great old time and have prosecution and certainty for the defence. At experienced a little rush of blood to the head. the end of the day, we have a living, working However, I am sure that, although the truth document. People who come within the ambit was the casualty, at the end of the day they of that particular document need to know that will settle down. We certainly have heard a they have some certainty in relation to how number of inaccurate and misleading that document is interpreted by their legal statements. advisers or themselves. Consequently, we One of the first things to suffer from the have stuck to that in order to achieve certainty debate in relation to the Criminal Code about the meaning given to the clauses within updates was Labor's "return to honest the Code. Once the Code is rewritten, the Government in Queensland", Labor's "ethics words can easily take on a different code". We are updating the current Criminal interpretation, which is what would have Code; nothing more and nothing less. We happened with Labor's Code. At the end of have never pretended that these the day, who knows what might have been the amendments were anything else. I say that result because of the way in which some because some members opposite have tried sections of Labor's Code were worded. to say that we are rewriting the Code or are This has been a very important process taking some other course of action and, of and it has had a very important outcome. I course, that has not been the case at all. emphasise that, prior to the last election, the The updates for the Code were examined Liberal/National Opposition gave a very clear by an advisory working group and widespread commitment to the people of Queensland. We consultation occurred. Following some months spelt out the proposed changes in the laws and after due consideration, the amendments relating to home invasions and other issues in were brought into the House where they were some detail prior to the last election. allowed to lie on the table for more than three Therefore, this has been an important process 20 Mar 1997 Criminal Law Amendment Bill 709 in order to deliver our election commitments indecent representations, the penalty for which on those issues. I notice that some will increase to seven years' imprisonment. amendments that have been foreshadowed— Again, I emphasise that, under Labor, the and I will talk about them later—very clearly cut penalty for graffiti was seven years. Our across some of the Government's penalty matches that. Despite the hue and cry commitments made at the last election. from members opposite, not one of them Of course, the Criminal Code does not mentioned that their much-vaunted Criminal Code contained that same penalty. That just relate to causes of crime, which is another goes to show the hypocrisy of members matter altogether. However, at the outset opposite. It is terrible to spoil their good story. comments were made by various members from the Opposition that the Code, in fact, did Mr Harper: Perhaps they didn't read not touch on the cause of crime or their own Code. employment or poverty, and nor should it. Mr BEANLAND: The member for Mount Those issues are for other Ministers of the Ommaney might be right; perhaps there was Crown to cover. Likewise, a great deal of little or no homework done in the lead-up to emphasis was placed on police issues. Of this debate, and members opposite very course, the Minister for Police has been going carefully forgot about their discredited 1995 to great lengths to overcome six and a half Criminal Code. They wanted to throw it out the years of Labor neglect on those issues, but window very quickly—that is, of course, until it that is not covered within this Code, either. came to be used for some other purpose or Every day the Treasurer rises in the House to purposes. That is the position. I want it to be talk about the improvements in job understood that the maximum penalties opportunities and the growth of the State provided for under the 1995 Labor Code were economy. This week there was an article in the the same as those under this Code. Courier-Mail which referred to the brighter I mention the issue of prostitution, outlook for Queensland's job growth. The because one or two honourable members mining and construction industry generally has mentioned the subject. At the outset, I also been spoken about in this place. indicated that we would not be touching However, they are not issues for the Criminal Labor's prostitution laws in these updates to Code. As for the causes of crime, late last year the Criminal Code. Certain members of the the Government held a couple of crime Opposition raised concerns about their prevention summits which spanned a host of prostitution laws. However, other Ministers are ministerial portfolios. A comprehensive, whole- looking at this matter. Currently, prostitution is of-Government approach will be taken to the dealt with in the Police portfolio. I know that issue of prevention of crime. We will certainly the Police Minister will be following up that be hearing more about that in due course, not issue. only from myself but from other Ministers. When it suited members opposite, A lot of the discussion, not only in this reference was made to comments by a Justice place but elsewhere, has centred on graffiti. of the Supreme Court in Rockhampton about Members opposite like to talk about Labor's some problems within the criminal justice area. 1995 Criminal Code, a Code which, I might Firstly, as to comments about delays in the say, was roundly condemned by the legal Rockhampton area—the central Supreme fraternity and all and sundry. I have never Court's record of items or matters disposed of seen a document so roundly condemned as in under 12 months, both civil and criminal, is was the 1995 Code. At the end of the day, in 100%. Therefore, one can rightly say that simple terms, that Code ran right off the rails. there are no delays. One allows time for the Interestingly, Labor's 1995 Code covered defence and prosecution to be fully prepared graffiti under wilful damage. Just wait for it, Mr and ready to go to court with all the necessary Speaker: it carried a maximum penalty of material. However, all matters are heard in seven years' imprisonment. We hear a hue under 12 months in the central Queensland and cry opposite about how unjust we are, yet district. That shows how on the ball this side of our Code is proposing five years' the Chamber is in relation to these issues. imprisonment, extending to up to seven years The good Justice of the Rockhampton for offences involving obscene or indecent Supreme Court was speaking in relation to representations. For example, that can include another matter, and I cannot speak about it vilification, such as Nazi swastikas and so on fully because it is still before the court, except being painted on buildings and tombstones. to say that it touches upon a matter which we That is the type of thing that would be covered are endeavouring to rectify by these Criminal by the provision in respect of obscene and Code updates. I refer to the ability of the 710 Criminal Law Amendment Bill 20 Mar 1997 defence to ambush the Crown in relation to Reference was made to witchcraft and psychiatric evidence that was to be tendered sorcery. Recently, the Leader of the in the case in question. The Crown asked that Opposition wrote to me wanting to know what the matter be referred to the Mental Health action I was going to take, and expressing Tribunal. Under the current law, that is the concerns on behalf of a person who had appropriate course of action. written to him in relation to the advertising of I wish to make it clear that there is no clairvoyants and psychics, which are covered breakdown in that regard. Justices can make in this provision. On a more serious note, it statements as they see fit, but I wish to assure was not so long ago that we had a case the public of Queensland that, with respect to before the courts in relation to witchcraft, the issue of ambushing—an issue which the sorcery and practices in the occult, the very good judge was considering at the time—that types of evil which led to the killing of Mr will be addressed in these updates to the Baldock in a Brisbane City park and to the Criminal Code. conviction of Tracey Wiggington, Kim Jervis and Lisa Ptaschinski. Mr Baldock was stabbed The member for Sandgate touched upon some 15 times in the back and chest. I will not the juvenile justice legislation and Childrens go into the detail. Court annual report and wanted to know when we were going to implement further In other States, similar situations have recommendations of the Childrens Court arisen, particularly in Western Australia. Again, annual report. He and his colleagues were the whilst at first blush many members think, ones who abused me up hill and down dale. "Sure, this is a section which we can do away There was not just strenuous opposition to with. It's a bit of a joke", that is not the case; it this; Mr Speaker, as you would remember, is not a joke, it is a very serious section, and when we amended the Juvenile Justice Act one which touches upon serious crimes that last year, we saw more than that from the are occurring in the community today. As I Labor Opposition. We managed to get those said, even the Leader of the Opposition wrote amendments through. Many of them were to me wanting to know whether I would do adopted from the recommendations in something more, not less, in relation to that previous Childrens Court annual reports. area. Therefore, I find it outrageous and totally Mention has been made of home hypocritical that members on the other side of invasions. I need to touch on that issue, the House are carrying on in this fashion. because this is a fairly important section. We The member for Capalaba again made a have made some changes to the current slip of the tongue in relation to a number of legislation and what the Labor Party proposed points. He mentioned home invasions, which I on home invasion. The redrafting of the will speak about shortly in more detail. Our section on home invasion has been warmly changes go a long way towards improving the welcomed, particularly by the solicitor for Mr law in relation to home invasions. Castorina, a case that has been mentioned in this place. He speaks in glowing terms about In relation to organised crime, which has our proposed new section. The proposed new been mentioned on a couple of occasions— section clarifies the existing law and adds the the former Government's section on organised reference to repelling an intruder. However, on crime was totally discredited. I am sure that in the issue of reasonableness, the current and future, when the Government comes up with a proposed new sections require not that the form of words appropriate for this area and force actually used be reasonable but that the can include it in a future update to the Criminal person using the force believes on reasonable Code, that will certainly be done. But we need to improve on what Labor proposed, whereby grounds that the other person is attempting to even two children discussing the theft of lollies enter or to remain in the dwelling with intent to commit an indictable offence in the dwelling from, say, three corner shops could be found and that it is necessary to use such force. guilty of organised crime. Farcical situations such as that could have arisen. Sitting suspended from 1 to 2.30 p.m. At the time, because of the problems that Mr BEANLAND: Prior to the luncheon could arise with the definition of "organised adjournment I referred to the issue of home crime", the Code was roundly condemned by invasions. The amendments should give a range of people within the legal profession. I maximum protection to an unfortunate am not saying that perhaps down the track we householder faced with an intruder in his or will not need to look at it; we certainly will need her home. Whether a belief is reasonable will to look at how we can overcome some of depend on all the objective and subjective those problems. facts with which the person is faced at the time 20 Mar 1997 Criminal Law Amendment Bill 711 the person acts. The new law will not deprive table the relevant sections of Hansard so that innocent citizens and bystanders of their legal they are there for the world to see. People do rights. It is only those who are convicted of an not have to go looking for them; they can find indictable offence who will lose their right to them very easily and very readily if they do not sue the householder who acts to protect his or believe me. her property or someone else's property. The Prior to the luncheon break, the member solicitor who acted for Mr Castorina recently for Gladstone raised a number of issues to made a speech in which he said— which I would like to reply briefly. The first "Regrettably, the 1995 draft of the relates to official secrets. The member asked Code, which was never proclaimed, far whether clause 16 will cover official secrets from increasing the rights of the revealed by public officers. The answer is that householder, arguably diminished the if the information comes into the person's householder's rights, by imposing a possession under a duty to keep it secret, reasonable force requirement. then certainly this clause would apply. Of It is pleasing to see that the new course, public officers have available to them provision corrects that error. The new the whistleblower legislation. If there is provision allows a person in peaceable something that they feel should be made possession of a dwelling to use force to public or referred to some authority because of prevent or repel another person from some problem with a particular decision, they unlawfully entering or remaining in the can do so under the whistleblower legislation. dwelling, if the person using the force However, if the matter involves information believes on reasonable grounds that the they are supposed to keep secret as a public other person is attempting to enter or officer, then certainly it would be covered by remain in the dwelling with intent to this particular clause. commit an indictable offence therein and The second matter raised by the member it is necessary to use that force. The for Gladstone was incest, which is covered by amended section satisfies a very strong proposed section 222. She asked whether the election promise of the Government to adult children of a widow and widower who strengthen the position of householders." subsequently meet and form a relationship will I have quoted that statement because several be caught by the incest provisions. The members of the Opposition have tried to imply answer to that is, "Yes." Of course, if they that the provisions put forward by the marry they will be protected by the Marriages Government in some way water down those Act, but if they are not married then they particular sections compared with the 1995 certainly would be picked up by this section, Code. Far from it. In fact, as can be seen, our and I have made that perfectly clear. This is to proposal has been given an endorsement in cover the Woody Allen type of situation. At the glowing terms. end of the day, whether or not people are It was claimed by several speakers on the prosecuted is a matter for the discretion of the other side of the Chamber that the coalition in Director of Public Prosecutions. Nevertheless, Opposition supported the 1995 Code. This is they would be picked up under this particular another casualty of truth. The facts are, as piece of legislation but if they were to marry recollected by me very clearly—and a check of they would be protected by the Marriages Act. Hansard will confirm this—that on 15 June I make that perfectly clear. 1995 the coalition opposed the second Domestic violence has been mentioned reading of the 1995 Labor Code and on 16 by a number of speakers. Of course, women June 1995 the coalition opposed the third are most commonly the victims of this type of reading of that particular Code. In the last violence. Domestic violence is already picked couple of days, the Labor Party has tried to up through assault occasioning bodily harm, suggest that the National/Liberal coalition in assault and other provisions of the Criminal Opposition did not oppose that Code. All of Code. I should also point out that where there those claims were utter humbug and were is a relevant history of domestic violence, that clearly untruthful and misleading. In common material may be brought forward in the with everything else we have heard over the evidence that is provided to the court. So last two days from members opposite, this was evidence of domestic violence is admissible another casualty of truth. Members opposite and has been admissible. I understand that have issued a code of ethics which covers the some groups believe that we need to spell out honesty and integrity of the Labor Party. It in the Criminal Code that domestic violence is amounts to nothing. It is a load of rubbish. For a crime in itself. Of course, domestic violence the benefit of members of the Chamber, I will is covered under separate legislation under 712 Criminal Law Amendment Bill 20 Mar 1997

Minister Lingard's portfolio. In view of the fact come back and make some future changes to that the evidence can be brought forward that. I am not against doing that if I find the under the Evidence Act and there are means current section is not working adequately and of charging such offenders, then that ought to appropriately and if there are complaints from largely cover those situations. I have been the prosecution about that. We have not had talking to groups in the community, and if any complaints or problems to date. people want to make further representations, I want to make sure that I cover some we will look at those for the future. However, I other sections that the Opposition raised. One believe that the matter is largely covered. such section relates to assaults on aged The issue of consent in rape cases was people, which we looked at when drafting this raised by the member for Gladstone. I believe legislation. That causes the problem that the member was asking whether the words tougher penalties apply for assaults on people "freely and voluntarily" can be inserted in the who are 60 or more years of age, but it takes relevant provision without causing more no account of the degree of frailty of people. hardship on victims in court. This is a matter Some people might be quite frail at age 55 which we could look at in the future. Because and tougher penalties would not apply. The of the way in which those provisions are courts take these issues into account and I worded in the current Criminal Code, it is not have noticed that over time the courts tend to necessary to spell out the word "consent". I crank up the penalties for those who have believe it is amply covered by the current offended against the elderly. There are also section. I know that the 1995 Code proposed provisions for assaults on young people. a different format altogether, and that is where The various sections on assault are very the word "consent" came in there. I believe wide ranging. Evidence is tendered to try to that we should not start limiting this in some gain a successful prosecution and the way. The current section works well. I sentences that the prosecution asks for, such understand from the prosecutions people that as a tougher penalty for the assault of an there is generally no problem with the issue of aged person, certainly take a range of those consent, and if there is it is a matter for the issues into account. I am a little concerned jury at the end of the day, anyway. I would not that if the Parliament starts to include some of like to see us change the provisions relating to these types of things we might find that a consent in some way, resulting in a judge, on sentencing a criminal who assaulted prosecution falling over because of some someone who was not over 60 years of age amendment that we make. I am comfortable but was equally as frail, could say, "That is not with the current provisions. covered. The Parliament spelt out that it is We have consulted with the prosecutor's only offenders assaulting people aged 60 and office on this matter, and they seem to be over whom we are going to give tougher comfortable with the current definition. At this penalties to." We might find that, because of stage I would not like to see the amendment that a criminal who assaulted someone who of something that might change the current was frail at 55 years of age, perhaps from provisions in any way. As I said before, if there some medical condition, would not be given a is material available that can be put forward, tough penalty and that the courts rely on that that is fine, but we do not want to put at risk a provision not to do that. I am a little concerned conviction by including additional provisions. about moving down that track. I believe the But we will have a look at that, and if down the appropriate penalties are there under the track there are ways in which we can reword it current provisions. If the prosecution—the when we make further amendments to the Crown—is doing its work those provisions Code—and I think that is really what the should be adequate to get tougher penalties member was asking about—then we will where it is appropriate for offenders assaulting consider doing so. people with disabilities, people who are aged, Of course, that is not the reversal of the frail or whatever the situation might be. onus of proof; that is a different issue. That Children are vulnerable. The member for was an issue raised recently on radio. It was Gladstone raised the matter of vulnerable claimed that New South Wales and Victoria children appearing before the courts and the have those provisions. I checked that out. provisions of the Evidence Act. That matter They in fact do not have those provisions, has been referred to the Queensland Law contrary to that statement that was made. But Reform Commission, from memory, which is we will have a look at this down the track. If looking at the Evidence Act. I am also there are going to be some further concerned about the traumas that children amendments or there is a problem, we can can be put through in court. One of the 20 Mar 1997 Criminal Law Amendment Bill 713 amendments that we are proposing—what is indictable offence. That casts a very broad commonly referred to as the Hoch case— net. The intent of the Opposition's allows for matters to be taken together instead amendment is to confine that ouster of access of having to present each particular indictment to civil remedies to an offence under section separately. This would assist in a case 419, that is, to the case of a home intruder, a involving children. housebreaker or a burglar. The reason for the I hope that, if there is a better system Opposition's amendment is to ensure that the than the current one, the Law Reform provision does not pick up an unnecessarily Commission can, away from the political wide category of cases. arena, have a close look at it. That is one of The Alert Digest of the Scrutiny of the tasks that it has been allotted to work Legislation Committee reports on the concern upon over the coming months. So I trust that of that committee in the following terms— that matter may be covered fully by it and, in particular, any matters involving children. I "The Committee is concerned that think all of us are concerned about those this amendment"— matters. referring to the Government's amendment— Time expired. "creates the potential for injustice where Question—That the Bill be now read a the loss or injury suffered was substantial second time—put, and the House divided— and out of proportion to the offence AYES, 41—Baumann, Beanland, Connor, Cooper, committed. The right to civil remedies Cunningham, Davidson, Elliott, FitzGerald, Gamin, would be lost even if the conviction was Gilmore, Goss J. N., Grice, Healy, Hegarty, Hobbs, for such a minor offence that a conviction Horan, Johnson, Laming, Lester, Lingard, Littleproud, was not recorded. For example, it would McCauley, Malone, Mitchell, Perrett, Quinn, Radke, appear that a person taking an apple Rowell, Santoro, Simpson, Slack, Stephan, from a tree on private property would be Stoneman, Tanti, Veivers, Warwick, Watson, Wilson, guilty of theft. If the person were critically Woolmer. Tellers: Springborg, Carroll injured by the landholder but convicted of NOES, 40—Ardill, Barton, Beattie, Bird, Bligh, theft, they would have no recourse under Braddy, Bredhauer, Briskey, Campbell, D'Arcy, the civil law against the person inflicting De Lacy, Dollin, Edmond, Elder, Foley, Fouras, that harm." Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, Mackenroth, Milliner, Mulherin, Nunn, Nuttall, The examples which I gave during the Palaszczuk, Purcell, Roberts, Robertson, Rose, debate on the second reading of the Bill are Schwarten, Smith, Spence, Sullivan J. H., Welford, relevant. I ask members to consider, for Wells. Tellers: Livingstone, Sullivan T. B. example, the case of a 14-year-old girl who Pairs: Sheldon, McGrady; McElligott, Harper; commits the indictable offence of stealing a Borbidge, Pearce box of chocolates from a shopping centre and Resolved in the affirmative. sustains serious injury as a result of an overzealous security guard. She would be prevented from being compensated under this Committee provision. Similarly, in the case of two Hon. D. E. Beanland (Indooroopilly— teenagers who engaged in the unlawful use of Attorney-General and Minister for Justice) in a motor vehicle and were rendered paraplegic charge of the Bill. as a result of the negligent actions of a third party, such teenagers would have no Clauses 1 to 3, as read, agreed to. entitlement to third-party insurance because Clause 4— their injury would have occurred in the Mr FOLEY (2.50 p.m.): I move the commission of the indictable offence of following amendment— unlawful use of a motor vehicle. "At page 11, line 1, 'indictable The net is cast far too broadly by this offence'— provision. It needs to be substantially omit, insert— confined. It is confined by the Opposition's amendment to the situation, which has been 'offence against the Criminal Code, the subject of public discussion, namely, in section 419'." relation to home intruders. That is the mischief The provision that appears in the that the Government is seeking to cure. The Government's legislation ousts the right of a Opposition's amendment would achieve that person convicted of an indictable offence to without causing the anomalies and injustices bring a cause of action for injury in, or in which are referred to in the Scrutiny of connection with, the commission of the Legislation Committee's report and which have 714 Criminal Law Amendment Bill 20 Mar 1997 been the subject of considerable concern those circumstances and situations, the amongst the legal profession. Government is not prepared to accept the Mr BEANLAND: The Government is Opposition's amendment. opposed to this particular amendment. I Mr FOLEY: I note the Minister's listened intently to what the member for observation that a person can be charged with Yeronga said in relation to this matter. I am committing an offence on the person who was sure that armed robbers would welcome his engaged in the commission of the indictable amendment, as would car thieves and other offence. But in the event that a conviction thugs out there. The point is that it does not were recorded or the person were found guilty, stop a land-holder or a home owner from what of the victim of that crime? I ask the being prosecuted. I believe that there is some Minister: has he considered the implications of inference that, through some of these this not only upon the civil right to sue of the changes, it might. The fact is that they can still person injured but also on the victim of the be prosecuted. We are talking about common crime when the second person is convicted of law rights to sue being taken away. From an indictable offence against the first person? moving around in the wider community I have The amendment that the Minister has moved found that there is certainly a great deal of indicates that there is no right of action. That support for this. One of the issues that came would seem to suggest that there is no right of up in relation to householders related to action civilly, nor a right of action arising out of armed robbers, car thieves, thugs and other statute, that is, a claim for criminal people who invade homes. compensation. In other words, is the Minister Many people have been involved in aware that his amendment would have the armed robberies. Not long ago, someone went effect of denying to a class of victims of crime into a shop to hold up the shopkeeper and the their right to criminal compensation? And if so, shopkeeper blasted that person with a why has the Minister denied to those victims of shotgun. I understand that that person is crime the entitlement to criminal suing that particular shopkeeper for the compensation? damage that was done to him by the shotgun Mr BEANLAND: The member is talking blast. A whole range of issues get caught up about litigation action, I presume, in relation to under this particular provision. I emphasise this. If he is talking about some other action, that it does not stop someone from being as far as I am aware it would not deny it in charged and, in turn, convicted of committing relation to that. But if he is talking about some offence. This relates purely to the litigation and the ability to sue, it certainly does common law right to sue. We are saying that relate to that. That particular aspect is covered someone who is convicted of an offence quite clearly. should not have that right to sue—whether it is Mr Foley: In addition to the right of a in relation to home invasion, burglary, armed civil suit? robbery, car theft or various types of other offences committed by thugs. I believe that Mr BEANLAND: Is the member talking the situation is fairly clear in relation to that. about ex gratia payments? This is one of those sections that people are Mr Foley: No, the right of a victim to forever badgering me about. bring an application for criminal compensation Prior to the last election, we said that we against the offender. would consider some changes in relation to Mr BEANLAND: I just want to sort out this particular aspect. Of course, some people exactly to which one the member refers. He is in the legal fraternity are unhappy. Others are talking about a right of action for criminal quite happy about it, I might add, depending compensation in the courts in relation to that. which side they are on and where they are They would be barred under this particular coming from. At the end of the day, the fact is section. Is that what the member is talking that we are talking about people who enter a about—a matter before the courts? property, and when they enter that property Mr Foley: That is correct. they leave behind that common law right. We are still covering the situation in relation to Mr BEANLAND: They would be barred burglary. However, there are a host of other under this particular section, but not ex gratia situations that occur. I just gave the example payments and those types of compensation of a shopkeeper who is being sued by some payments. fellow who was blasted with a shotgun. So a Mr LUCAS: The Minister referred to range of situations and circumstances will offences such as armed robbery and unlawful arise. Because I believe that we need to cover use of motor vehicles. Many people may take 20 Mar 1997 Criminal Law Amendment Bill 715 his point in relation to those offences. of victims of crime. I am concerned that the However, many other minor offences are far action taken by the Minister may well have more occurrent. Under this legislation as been inadvertent, because either he or his proposed by the Government the situation Government have failed to understand the could exist technically in which a young boy or significance of the breadth of the words in their girl committed an act of shoplifting—perhaps amendment, namely, "no right of action", stole a packet of cigarettes or biscuits, which is picking up as it does not only a civil right of technically the offence of stealing—and, if action but also a statutory right of action. somebody overreacted and caused a serious injury to that person, he or she would be left I invite the Minister to consider this point, with no recourse whatsoever. Hard cases which is one that has been made repeatedly make bad law. Although the very few would to me by victims of crime as I have moved disagree with the general policy that criminals throughout Queensland. They make the point should not benefit from the circumstances that that they do not want victims of crime turning they confront, I point out that, with a bit of into offenders themselves. That point is an better drafting, this provision could have important one in understanding the achieved a much more just result. significance of this provision. It is highly undesirable for anyone to take the law into I spoke to the member for Gladstone in their own hands and to inflict an injury. Now we relation to this provision. She indicated that have a class of victims of crime who would be she would be considering moving an denied access to criminal compensation and amendment. Although that amendment would civil compensation. not have gone as far as that which my colleague the shadow Minister has moved, it There was a great wisdom in the would still have abrogated many of the provisions of section 6 of the Criminal Code onerous, unjust effects of this provision. I am Act of 1899 which simply said, "When by the very disappointed that she has not seen fit to Code any Act is declared to be lawful, no persist with that amendment and bring it action can be brought in respect thereof." It is before the Parliament today. a simple, clear provision that protects people such as home owners who use force to repel Justice is a two-edged sword: justice produces just results. I do not see any benefit an invader. It has done so for a century. This tinkering with the law in order to achieve the in a person who is convicted of a minor puff and rhetoric of appearing tough has offence such as shoplifting and who is then consequences that do not appear to have subject to a very serious injury from an been considered by this Government. I invite overreaction that is totally inappropriate in the the Minister to explain why he has drafted it in circumstances—that would be an overreaction such a way as to deny not only claims where of such degree that the person who plaintiffs might bring a civil action but also to overreacted would be convicted of a criminal deny any criminal compensation to the class offence—not being able to seek of persons who would themselves be victims compensation. Common law courts have of crime. already taken a view in relation to criminals benefiting from civil actions. In a number of Mr BEANLAND: Of course, these so- cases, criminals seeking to recover civil called victims are convicted criminals damages under the Motor Accident Insurance themselves. Quite often criminals end up as Act have been denied that right. With a little victims. I do not think that we should lose sight more compassion, this Government could of that. I return to the matter of the Criminal have achieved the just result that the Offence Victims Act and compensation. I was community is seeking and a result that was far looking at that matter in relation to what the better legislatively. Scrutiny of Legislation Committee said. That Mr FOLEY: The Minister may not committee indicated very clearly that it appreciate the gravity of the concession that believes that a person would have rights under he made previously. I ask the Minister to the Criminal Offence Victims Act 1995 to take consider the concession that he has made on action against an offender in this instance. In advice from his advisers. In conceding to the retrospect, that is not the case. We believe Committee that there would be a class of that this provision would take away the right to victims of crime who have suffered injury as a claim ex gratia payments. The Scrutiny of result of an indictable offence who would then Legislation Committee stated that it thought be barred from obtaining criminal that that would be the case, but the way in compensation orders, through this which it is currently drafted does not allow for amendment the Minister has shut out a class that to occur. 716 Criminal Law Amendment Bill 20 Mar 1997

Of course, if the legislation did not go as This amendment gives a definition of far as it does, there would be no deterrent. We "consent". That is relevant in particular to the took this course of action to ensure that a offence of rape. The reason for this deterrent exists. In view of the Opposition's amendment is that the current law is the wanting to know why we went down this track, subject of concern on the part of a number of I want to make that perfectly clear to the women who regard the absence of a definition Parliament. There has to be a deterrent effect. of "consent" as unsatisfactory. We are determined to have that deterrent effect. One way to achieve that is for people to This is an area of the law which is covered understand that, if they are going to become in part by the definition of "rape" in the existing involved in criminal activity, they forgo those Criminal Code. However, that definition does common law rights. Although there might be not include the provision that consent be freely an argument about the exact situation, and voluntarily given. This is a matter of nevertheless, that is clear. When I referred to considerable importance to all concerned with this matter earlier, I was thinking about the justice, but particularly to women who have comments of the Scrutiny of Legislation expressed concern that the existing provisions Committee and not what we believe is the in the Criminal Code do not make it clear that situation. the consent involved is given freely and voluntarily. Of course, it may be argued that Question—That the words proposed to such a construction of the law may be derived be omitted stand part of the clause—put; and by an examination of the relevant case law. the Committee divided— However, it is important that this Parliament AYES, 42—Baumann, Beanland, Connor, Cooper, make it clear that the consent is freely and Cunningham, Davidson, Elliott, FitzGerald, Gamin, voluntarily given. It is also important that it be Gilmore, Goss J. N., Grice, Harper, Healy, Hegarty, clear that consent is not freely and voluntarily Hobbs, Horan, Johnson, Lester, Lingard, Littleproud, given if it is obtained by exercise of authority. McCauley, Malone, Mitchell, Perrett, Quinn, Radke, Rowell, Santoro, Simpson, Slack, Stephan, I note that the member for Gladstone has Stoneman, Tanti, Turner, Veivers, Warwick, Watson, borrowed the latter part of the amendment Wilson, Woolmer. Tellers: Springborg, Carroll that the Opposition has moved, inserting the NOES, 41—Ardill, Barton, Beattie, Bird, Bligh, term "by exercise of authority" with a view to Braddy, Bredhauer, Briskey, Campbell, D'Arcy, inserting that at clause 62 of the Bill into De Lacy, Dollin, Edmond, Elder, Foley, Fouras, section 347. However, the problem with that Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, approach of simply amending the existing Mackenroth, Milliner, Mulherin, Nunn, Nuttall, section 347 is that it does not include the Palaszczuk, Pearce, Purcell, Roberts, Robertson, provision that consent is freely and voluntarily Rose, Schwarten, Smith, Spence, Sullivan J. H., Welford, Wells. Tellers: Livingstone, Sullivan T. B. given. Of course, that is a matter upon which this Parliament should be heard to speak Pairs: Sheldon, McGrady; Borbidge, McElligott clearly. It is a matter on which women Resolved in the affirmative. concerned with justice—and, indeed, all Clause 4, as read, agreed to. persons concerned with justice—are entitled to see a clear direction from this Parliament in Clause 5, as read, agreed to. the interests of justice. Accordingly, I urge all Clause 6— members to support this provision. It reflects a Mr FOLEY (3.14 p.m.): I move the similar provision in Labor's 1995 Criminal Code following amendment— and it reflects also the concerns that women's groups have had in relation to the lack of a "At page 11, after line 22— definition of "consent" in the existing Criminal insert— Code. ' "consent"— Ms SPENCE: I also urge the 1. "Consent" means consent freely and Government to support this amendment put voluntarily given by a person with the forward by the Labor Opposition. As I cognitive capacity to give the mentioned in my speech during the second- consent. reading debate, many women in Queensland 2. Without limiting subsection (1), feel that this Government has ignored them in consent is freely and voluntarily given the consultation process regarding the if it is not obtained— amendments to this Bill. Women have said constantly that the issue of consent is a major (a) by force, threat, intimidation or issue in sexual assault trials. It is obviously a deception; or central issue in rape trials. It is a fundamental (b) by exercise of authority.'." thing that must be proven by the prosecution, 20 Mar 1997 Criminal Law Amendment Bill 717 that is, that some form of sexual connection I foreshadowed an amendment to include by one person without the consent of the in the rape section—not in the definitions other did indeed take place. They are section—"by exercise of authority" because concerned that this is not spelt out properly in that extends what is not consent. However, our Criminal Code and the Government has there is concern that trying to define more not amended it here today. clearly what consent is could impinge on the Obviously, over the last decade in rights of victims. I know that it sounds Australia we have heard many complicated—it does to me—but at this point I pronouncements from the bench in courts would be very concerned about supporting throughout this country which indicate that something that may disadvantage people. judges have clearly not understood what As I said, I have already told the shadow consent means and what consent is all about. Minister that I support the principle that he is There has been criticism of the judiciary from trying to achieve, and I again confirm with the many women's groups over its understanding Minister his willingness to have a look at ways of the issue of consent. That is why it is very of getting those two particular terms into that important for these women's groups that the section relating to rape so that women can whole meaning of "consent" be spelt out very have confidence that "consent" means clearly in our Criminal Code. consent given freely and voluntarily, not I acknowledge that the existing section elicited in some other way either overt or 347 of our Criminal Code does have a covert. Whilst I support the position that the definition of "consent". However, women who Opposition is trying to reach, because of the work in this area are telling me that that legal concerns that have been explained to definition is inadequate and is constantly me, at this point I will not support the being misrepresented in our courts. They amendment. However, I will be bringing this to would like a clearer definition than the one that the Minister's attention for his consideration is given currently. I believe that the definition and I will draft an appropriate amendment in put forward in the amendment today by the the future. Labor Party is in line with what women's sexual Ms SPENCE: I do not know who the health workers and women's legal service member for Gladstone has been seeking workers would be more comfortable with. It is advice from regarding this issue. However, it not the perfect definition, but it is a better cannot have been women's legal services definition than the one that is currently in the throughout the State because those Criminal Code. services—and this week over 900 petitions Basically, our definition says clearly that have been submitted to Parliament from "consent" means consent freely and women who actively work in this area—are voluntarily given by a person with the capacity calling for this kind of statement to be made in to give the consent. Our definition adds to the the Criminal Code. The words "freely" and Government's Criminal Code that the consent "voluntarily" have a very plain meaning for is not obtained by exercise of authority. These everyone in this House and for everyone in the are two issues that are not mentioned in the community. I do not understand the ambiguity current Criminal Code under the definition of of advisers to the member for Gladstone when "consent", and they are very important issues they question the intent of these words under for women in Queensland. I urge the Minister the definition of "consent". Before we put this and all members to support the Labor Party in definition into our Criminal Code in 1995, it this proposed amendment. was clear that we consulted with groups of Mrs CUNNINGHAM: I want to reiterate workers in this area. This is the feedback we a couple of comments that were made earlier, obtained not only from those groups but also and also to affirm my support for the principle from the legal profession. I ask the honourable member where she obtained her advice which that the shadow Minister is putting forward. tells her that this is not a recommendation that However, I raise again the concerns that have should be supported. been raised with me, and that is that without appropriate thought about the implications of Mr BEANLAND: I have listened to the adding "freely and voluntarily", it could actually words of the members opposite and the disadvantage victims of rape. That is the member for Gladstone in relation to this advice that I have been given. I have talked section. I am sympathetic to the need to look with the shadow Minister, and he maintains at this section. Nevertheless, I believe that to that it will not. Until there is clarification of that, accept this amendment would be a piecemeal I am concerned about those people being approach, and I am not prepared to do so. I disadvantaged. have already given an undertaking to the 718 Criminal Law Amendment Bill 20 Mar 1997

Chamber and to the member for Gladstone— I have been advised that "consent" is and hopefully I will be here to do another used in other parts of the Code and, therefore, update of the Criminal Code—that I will look at this amendment should not become a part of the whole section on rape, not just the section the definition section. For example, consent on consent. To do that, one needs to canvass relates to crimes of assault. Therefore, the the issue widely, talk to a range of people and proposed amendment could relate to that. I ensure that no errors are made in the have just been handed a note to that effect, definitions or the terms used. At the end of the although I have not studied the point. I would day I would not like to see a case fall over hate to think that we could introduce a because of changes that we may have made definition for consent under this section which on the run in relation to this section. could relate to another offence, because we would be changing the definition. I am inclined The section in the current Criminal Code to think that that advice is spot-on. I would is quite clear. It does not spell out the hope that it is. I have no reason to doubt it, definition of "consent", but it very clearly spells because we are debating the definition. out a definition that has been used for many years. In fact, the Office of the Director of For those reasons, I do not want to Public Prosecutions has been consulted in accept an amendment to a definition clause relation to this matter. It advises that the which, if it is going to be made, should be definition proposed by the Opposition could be made somewhere else in relation to rape. used as a defence to argue that consent was Otherwise, the definition of consent could be freely and voluntarily given, unless the Crown used in a crime of assault and could allow exercises care in relation to paragraph A or B some grub to go free. Therefore, whilst I am of Labor's definition. We could end up with sympathetic in this particular instance, the Government is not prepared to accept these problems as a result of this definition being amendments for what I think are perfectly introduced without looking at the whole section good reasons. of the Code dealing with rape. The Office of the Director of Public Prosecutions has Mr FOLEY: Regrettably, I must say that indicated that it is somewhat concerned about the Government's position on this is really one it. I am concerned because the definition does of humbug. The Government says that it have a somewhat narrowing effect and I want supports the principle that consent should be to ensure that it does not. Of course, one is free and voluntary, but it is not prepared to appealing to the jury with the evidence that is support the amendment. This has already provided, and it is the jury which makes the been the subject of a great deal of legal study, decisions. To date, juries have largely it has been the subject of numerous managed, without too much difficulty, to cope submissions to the O'Regan committee and it with this issue regardless of what a judge has been the subject of debate and might or might not think. discussion in this State for some six years or more. The Criminal Code Review Committee Simply introducing words into the put forward a definition of consent which legislation will not necessarily overcome the included these words: "The term 'consent' issues that members opposite are concerned means a consent freely and voluntarily given about. The principle is fine; it is getting the by a person with the mental capacity to give legal technicalities right that I am concerned such consent", and the definition goes on. about. As such, whilst I am perfectly happy to This is not something which has popped up all look at this issue in a future review, we need to of a sudden and which can be explained away look at all sections that relate to this area and by the Government on the grounds of not just the definition which the Opposition is insufficient time to study the matter. This trying to introduce. "Consent" is defined in definition appeared in the 1995 Criminal Code New South Wales and Victoria, but their following, as it did, the principles set out by the legislation is worded differently from ours. Criminal Code Review Committee. Therefore, I wish to look at the whole wording The test is simply this: the Opposition of the legislation. If Parliament is going to stands with those women's groups who say approve such a definition, Parliament really that consent means consent freely and needs to look at the whole aspect of rape. I voluntarily given. The Government refuses to am sympathetic to the issue that women's back that stand and seeks to dissemble on groups raise and, despite what the honourable the issue by putting it off to another day. I say member says, many women have come to this: if not now, when? If not here, where? see me on a range of issues. I am concerned Mr BEANLAND: The points that I just about those issues. made are valid in relation to the issue of 20 Mar 1997 Criminal Law Amendment Bill 719 consent. The definition of "consent" will be insert— placed at the beginning of the Criminal Code. '(1A) If the offence is committed by The Code defines "assault" as touching or or in relation to a Minister of the Crown, moving the other person or otherwise applying as the holder of public office mentioned in force of any kind to the person of another, subsection (1), the offender is liable to either direct or indirect, without the other imprisonment for 14 years, and to be person's consent or with the other person's fined at the discretion of the court.'." consent if the consent is obtained by fraud. That will relate to not only the section in This clause amends section 87 of the relation to rape but also other sections. That Criminal Code to provide that the penalty for could have all sorts of ramifications. bribing a Cabinet Minister is 14 years' imprisonment. What a remarkable state of This is not something that we have affairs we have under the current Government! dreamt up on the spur of the moment. I point Under Labor's 1995 Criminal Code, bribing a out to the member for Yeronga that the Cabinet Minister would have attracted 14 Director of Public Prosecutions has expressed years' imprisonment. But sadly, amidst the concern about this matter. We are dealing with get-tough rhetoric of the Government, it has a very important section. The Opposition left that penalty at seven years' imprisonment. spokesman might like to say, "I have changed This amendment increases the penalty to 14 this. What a great fellow am I", and pat years' imprisonment in the case of official himself on the breast, but I am about ensuring corruption involving a Minister. that people who legitimately appear before the courts do not trip up the Crown in relation to I urge the Government to support this. some section which has been allowed to be The Opposition takes the view that it is a more amended such that someone gets off on a serious offence to bribe a Cabinet Minister legal technicality. The Government is not than it is for a juvenile to be found guilty in prepared to accept this amendment. There relation to indecent graffiti. Under the coalition are very sound and valid reasons for that. Government's approach, both offences share the same maximum penalty of seven years' Question—That the words proposed to imprisonment. This is a Government that is be inserted be so inserted—put; and the willing to talk tough on penalties for everyone Committee divided— else but be soft on penalties for Government AYES, 41—Ardill, Barton, Beattie, Bird, Bligh, Ministers and those who would bribe them. It Braddy, Bredhauer, Briskey, Campbell, D'Arcy, is a very odd sense of priorities. De Lacy, Dollin, Edmond, Elder, Foley, Fouras, Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, The amendment that Labor has moved Mackenroth, Milliner, Mulherin, Nunn, Nuttall, provides that, if the offence is committed by or Palaszczuk, Pearce, Purcell, Roberts, Robertson, in relation to a Minister of the Crown as the Rose, Schwarten, Smith, Spence, Sullivan J. H., holder of the public office mentioned in Welford, Wells. Tellers: Livingstone, Sullivan T. B. subsection (1), the offender is liable to NOES, 42—Baumann, Beanland, Connor, Cooper, imprisonment for 14 years' and to be fined at Cunningham, Davidson, Elliott, FitzGerald, Gamin, the discretion of the court. One sees in this Gilmore, Goss J. N., Grice, Harper, Healy, Hegarty, provision an attempt to ensure that we have Hobbs, Horan, Johnson, Lester, Lingard, Littleproud, learned a lesson from the sad, long years of McCauley, Malone, Mitchell, Perrett, Quinn, Radke, corruption that Queensland suffered under Rowell, Santoro, Simpson, Slack, Stephan, National and Liberal Party rule. Who can Stoneman, Tanti, Turner, Veivers, Warwick, Watson, forget the years when this State was subject to Wilson, Woolmer. Tellers: Springborg, Carroll corruption from the brothels of Fortitude Valley Pairs: Sheldon, McGrady; Borbidge, McElligott through to the highest organs of Government Resolved in the negative. in this State? What we see in the legislation before the Chamber is a desire to ensure that Clause 6, as read, agreed to. corruption is not treated in a serious way. It is Clauses 7 to 16, as read, agreed to. being treated in an offhand way by the Insertion of new clause— Government of the day. Mr FOLEY (3.39 p.m.): I move the We challenge the Government to support following amendment— this amendment. It is an amendment that would ensure that the penalties attached to "At page 18, after line 15— the bribing of a Cabinet Minister are so severe insert— that corruption would be deterred. I am struck 'Amendment of s 87 (Official corruption) by the remarkable inconsistency in the Government's rhetoric: its willingness to talk '16A. Section 87— tough when it comes to juveniles, its 720 Criminal Law Amendment Bill 20 Mar 1997 willingness to talk tough when it comes to Mr FOLEY: I welcome this humiliating everybody else, but its unwillingness to be backflip by the Government because it tough when it applies to the conduct of its own demonstrates to citizens concerned with the Ministers. Accordingly, I challenge the political process that public pressure can force Government to support this amendment. even the most reluctant Government to face Mr BEANLAND: The Government is contemporary issues. This is a Government happy to accept this amendment from the which has finally been embarrassed to the Opposition. We have already increased the point where it has had to increase penalties for penalties in relation to secret commissions as official corruption involving Cabinet Ministers. a section which was picked up by the working One can understand the sensitivity of the group and which was allowed under the Government in its unwillingness to move in current Code. We have increased the what it described as a comprehensive review penalties in that regard to seven years— of the Criminal Code—an interesting claim changes that were long overdue. Of course, given the Attorney's candid admission that—— people have been charged with and convicted Mr Beanland: Lots of things weren't of corruption in this State and have served 14 picked up under yours, too—your discredited years. Someone is currently serving 14 years update. for corruption. I do not have any problem Mr FOLEY: I can understand the including Ministers of the Crown among those sensitivity of the Honourable the Attorney on who should also face such penalties. It may the topic, having received the savaging that be that there are others that we need to look he did from the Queensland Law Society in its at in the future that should also be faced with stinging criticism both of the content of the Bill that situation who are not caught within the and the processes and the lack of consultation ambit of the amendments that the Opposition that was followed. has moved. While the Government is more than happy to accept these amendments, It is interesting, is it not? Here we have may I say that any future updates of the the Government that nobbled the Carruthers Criminal Code will examine who else is not inquiry. Here we have the Government that picked up under the provisions relating to has fought tooth and nail against the Criminal official corruption. It may be that we need to Justice Commission in its desire to combat extend that further in some other ways. We corruption. Since day one, this Government did pick up and extend the sections in relation has set its face against reform in this area. to secret commissions. Of course, the advisory This Government has set out to dismantle the working group did not consider particular legacy of the Fitzgerald reform process. sections in relation to this area, and because Indeed, the criticism from the Queensland Law of that we did not take it up. Society in the letter which I tabled in this place a couple of days ago indicated that that I believe that there are additional words in society was very concerned about the the amendment which are not needed. It is up Government's failure to follow the Fitzgerald to the honourable member whether he wants reform process, particularly with regard to the to leave them there. They are covered under reform of the criminal law. the Acts Interpretation Act. I refer to the words This is a great day for those in "to be fined at the discretion of the court", Queensland who care about the struggle which I have put a little bracket around for the against corruption, because at long last this benefit of the member for Yeronga. I am not Government has been forced to back down on going to worry about whether he leaves them the issue. At long last the Government has in there or not, but it is already covered under been forced to increase the penalty for official the Acts Interpretation Act—something which corruption involving Cabinet Ministers. It may again I would pick up during any future update in its Executive Council set up the of the Code. Connolly/Ryan inquiry, it may come into this As I said, the section on official corruption Chamber to bring in legislation to give that was not picked up by the working group, but inquiry all sorts of powers in order to attack the we did pick up the section on secret CJC, it may seek to nobble the Carruthers commissions. Nevertheless, there may be inquiry, but at the end of the day it has to face others that ought to be covered. I want to up to public opinion on the issue of corruption. make it clear that in any future update we will Try as the Government may to hide its look to see whether there are other people or unwillingness to reform that area, it has at long other sectors of the community that are not last been reformed, not as a result of the covered by this section on official corruption Government's listening to the voice of the that ought to be. people but finally as a result of an amendment 20 Mar 1997 Criminal Law Amendment Bill 721 from the Australian Labor Party in this I turn to the letter from the Queensland Chamber forcing it through embarrassment to Law Society to the Honourable Denver do the right thing. The increased penalty for Beanland, Attorney-General and Minister for bribing a Cabinet Minister that was introduced Justice, dated 4 March 1997. It is worth noting and passed by this Parliament in Labor's 1995 this stinging criticism of the Bill. It reads— Criminal Code will finally see the light of day, "The proposed amendment to notwithstanding the best efforts of the section 222 of the Code is an example of Government to block it, to stop it, to defer it, to unnecessary and unwarranted increase in talk it down, to cripple the CJC, to nobble the class potentially affected by the Carruthers. The pressure of public opinion can application of the criminal law. achieve reform, and we have seen it on the floor of the Parliament today. As a result of the extraordinary approach to the amendment of this Amendment agreed to. section of the Code, persons will find New clause 16A, as read, agreed to. themselves in jeopardy of life Clauses 17 to 31, as read, agreed to. imprisonment for breach of the criminal law in circumstances where their activities Clause 32— would not be regarded as criminal or as Mr FOLEY (3.51 p.m.): The Opposition morally blameworthy by any sensible opposes this clause. This clause extends the citizen. It is the case that under the new definition of "incest" under section 222 of the section, A and B may cohabit in a de Criminal Code. There is a related provision in facto relationship for a year and the Schedule 1 which repeals section 223 which, if daughter of A by a previous relationship the Opposition is successful in its opposition to may subsequently have a sexual this clause, would need to be rectified a little relationship with the son of B by a later in the debate on the clauses. previous relationship. As a result of the Let us look at the effect of this relationship the 'step siblings' would have amendment because it is quite startling. One committed incest notwithstanding that starts with the Alert Digest of the Scrutiny of there is no legal impediment to their Legislation Committee. I draw the attention of marriage. Indeed, even if the 'step honourable members to that digest tabled in siblings' were married the offence would this House the other day. In part it read— still be committed as it does not appear "The Committee has serious that the Marriages Act (Cwlth) would concerns about the potential of the afford any defence to the criminal activity expanded definition of incest (as currently engaged in by the married couple." drafted) to produce unintended I will repeat that proposition because it may consequences." not have sunk into the minds of Government This amendment goes well beyond the members that persons who are lawfully traditional definition of "incest" as set out in entitled to marry will be subject to prosecution sections 222 and 223 of the Criminal Code. for criminal activity under this legislation. The The astonishing thing about this piece of law Law Society letter states— reform is that it will result in a situation in which ". . . it does not appear that the Marriages persons lawfully entitled to marry under the Act (Cwlth) would afford any criminal Commonwealth Marriages Act will be defence to the criminal activity engaged forbidden from having sexual relations. This is in by the married couple." all the more astonishing because the Honourable members should keep in mind Government's own advisory working group that marriage is no good defence to rape, for chaired by Mr Peter Connolly, QC, example. The mere fact that persons are recommended strongly against any such married does not mean that the offence of extension. rape cannot occur. It is a very worrying thing The people of Queensland are entitled to indeed that we have this piecemeal approach expect certain standards to be adopted in the to law reform without proper consultation and process of law making. They are entitled, for without any coordination with the example, to ensure that there is adequate Commonwealth. Where do we see any consultation, but this matter was not flagged in planned review of the law so far as the the report of the Connolly advisory working Marriages Act is concerned? Is this part of group. It has simply been introduced by the some strategy which is designed to change Government subsequently without any other the incest laws? We see no such strategy. All formal process of consultation. we see is an ad hoc piecemeal approach to 722 Criminal Law Amendment Bill 20 Mar 1997 law reform. I will return to the Law Society's achieved. My view is simply that this is not the letter to the Minister. It goes on— place to achieve them. For example, we could "The Society's concern is not only develop a nice trade for the clubs on the that the drafting of the provision has southern side of the Tweed which have started produced a manifestly absurd result, but to cry poor because of lack of poker machine that the proposal has been created revenue from Queensland citizens. We could without any consultation and is directly give them overnight accommodation facilities contrary to the advice of two independent for Queensland citizens who are crossing the working groups commissioned to review border to avoid falling foul of these particular aspects of the Code on behalf of the provisions. Government." I believe that we should do what the shadow Attorney has suggested, namely, The extension of the definition of "incest" is withdraw these particular provisions for now, significant not just from a legal point of view rethink them and bring into the Parliament but also from a social point of view. Incest is further amendments to the Criminal Code to one of those fundamental taboos in a social achieve what I know the Minister is trying to structure that should not be tinkered with. It is achieve—and, I believe, properly trying to therefore disturbing to see that such an achieve—in terms of protecting people in approach is taken with so little public dangerous situations. We read regularly in the consultation and with a bizarre lack of newspaper about children and other young coordination with the Commonwealth people who are being placed in these kinds of legislature in regard to marriage. situations or have these kinds of assaults This is something that requires a great perpetrated upon them. It is important that deal of further thought and work. No doubt the those protections exist. However, as I said, this Minister will urge on the Committee the is not the place to do it. desirability of protecting, for example, adult I am concerned that no regard has been stepchildren in certain relationships. No doubt had to the lineal definitions of "incest" in the individual examples can be put forward where Marriages Act. As I said yesterday, I give concern would be expressed. The some support to extending that direct lineal Government of the day has a duty to put definition to include nieces, nephews, aunts sensible laws before this Parliament. This law and uncles. I know that I would be at odds descends into what the Law Society described with a number of my colleagues on that, but I as a "manifestly absurd result". The people of give some support for that. However, in the Queensland are entitled to a better outcome Explanatory Notes the Minister describes it as than that. Accordingly, I urge the Government a limited category of half, step or adoptive to rethink this provision, to withdraw it and to relations. I do not believe that is true. It is not think again. a limited category at all. It is a comprehensive Mr J. H. SULLIVAN: The Minister category of people in those relationships. I would be aware that I spoke about these cannot stress too much that this is contrary to issues at some length during the second- the Commonwealth Marriages Act. I am not reading debate. I would like to reinforce what I sure what Mr Williams, the Federal Attorney- said then and much of what was said by the General, would think about these types of shadow Attorney-General just now. This is provisions. stupid law because it is inconsistent. This law Mr Lucas: Sir Garfield Barwick drafted not only creates criminal behaviour; it also them, so they must be right. creates criminals. There are already persons in Mr J. H. SULLIVAN: Sir Garfield this State who are in marriage relationships or Barwick drafted the Marriages Act, so it must de facto relationships who would otherwise be be right. Within the Marriages Act, prohibited sanctioned but who will be made criminals by relationships do follow the traditional and direct the application of these amendments. I am lineal model of what does and does not not sure how correct it is, but my information is constitute incest. With great respect for what that, in drafting these provisions, no regard the Attorney is trying to achieve—or at least was had to the Commonwealth Marriages Act; what I think he is trying to achieve, because I it was not one of the factors that anybody do not believe that he has actually set out to thought to consider. If that is the case, then it achieve what he has achieved here—if he has is not only stupid law but also very sloppy law. set out to achieve this, then maybe he should As I said yesterday, I do appreciate what I take down to Nimbin whatever it is that he has understand the Minister is trying to achieve been consuming and see if he can make a here, and I support those things being few sales, because that would be worth while. 20 Mar 1997 Criminal Law Amendment Bill 723

Mr BEANLAND: I rise to a point of the position of being involved in incest. That is order. I ask for that to be withdrawn. I find patently ridiculous. The Griffith Code was quite those remarks offensive. specific, quite clear, and it covered the The CHAIRMAN: Order! The member situation. As long as it was enforced, it was for Caboolture will withdraw. quite adequate. Why is this aspect being brought into it? Certainly there has been a Mr J. H. SULLIVAN: I am delighted to change in what is acceptable in the withdraw anything that the Minister feels community. There has been a change in that necessary to have withdrawn. I am not sure people accept de facto relationships and that I cast any direct aspersions. things like that, which were kept under cover in I do not see how, through the provisions the Griffith years. Clearly, people in those days of this clause, the Minister has achieved what did behave in this manner. They also had de he wants to achieve in isolation. I believe that facto relationships, a mistress on the side and he has inadvertently captured a much larger things like that. I am doing a family tree at the group of people. I believe that what he is moment, and it becomes very obvious that being urged to do by the shadow Attorney, this sort of thing occurred. that is, to delete or omit these provisions from Ms Spence: In any family. the current Bill and to rethink the proposals, is Mr ARDILL: In any family and in every about the best advice that anybody could give family in those days. him in the circumstances. So I do urge the Attorney to accede to that point of view, not There is absolutely no need to change only for the benefit of the people he is wanting the Griffith Code. It is very clear. It deals, firstly, to protect but also for the benefit of those with men in proposed new section 222, and who, I believe, would be very distressed to find proposed new section 223 deals with women out that he has turned them into criminals in this sort of undesirable situation. But this after the event. ludicrous amendment brings into the same situation people who have no blood line, who Mr ARDILL: I believe that the member are not related, and who in no way could be for Caboolture is being too generous. Clearly, considered part of a regular family. Two the only reason that any of this clause could people who are adults are now tied into a be included is an intent on somebody's part—I circumstance that was covered quite do not know whose—to protect minors. If that adequately by the Griffith Code. The problems is the case, it is one of the inconsistencies I would still be covered by the Griffith Code if spoke about during the debate on the second this section were removed and 223 was reading of the Bill. In the case of somebody reinstated. That is all that is needed. coercing a minor—a girl between the ages of 12 and 16—into a sexual relationship, the Subsection (6) is one of the most penalty is 14 years. In this case, the penalty ridiculous and sloppy examples of what not to for everybody is life imprisonment. Where is do in this Parliament that I have come across. the continuity? Where is the logic in this We saw this sort of drafting in the case of the particular Bill? industrial relations and workers' compensation legislation. I believe that that was by intent. I This is mainly about people who are not do not think that it is by intent in this case. in a coerced condition, that is, adults. If it is Another clause in this amending legislation, I not about adults, it should be specific to believe, is also by intent. However, this one is minors. If we are going to include this section, simply a foolish mistake. I certainly will not be then it should be specific and state that it critical of the Attorney-General if he decides to refers only to minors. Clearly, there are two accept the shadow Minister's amendment, effects from this. Firstly, it includes women in which would correct the problem without any the same situation as men. Under the Griffith difficulty. Code, the penalty was life imprisonment for Mr BEANLAND: I have listened very men and three years for women. This now closely to all the arguments. This is all about brings equality, but it is equality of a sort that I protecting people in a person's care and do not believe women would be looking for. In children in a family relationship. We have seen any case, it is illogical. enough cases that involve de factos with As I pointed out, it means that, under stepchildren, half-stepchildren and so on. It is subsection (6) of proposed new section 222, if fair to say that I understand some concerns A and B are in a relationship and exist about the matter. However, I believe that, subsequently A's father and B's mother enter in this day and age, as a result of the types of into a relationship, it immediately puts virtually family situations that exist, we are seeing more all of them—but certainly the first couple—in and more how de facto relationships are 724 Criminal Law Amendment Bill 20 Mar 1997 leading to incestuous circumstances. to be acting on subsection (6) and lumping Unfortunately, a number of cases have everybody under that umbrella. occurred recently. This amendment is an If the Attorney wants the section to apply attempt to overcome that situation. De facto to minors, he should have said so, and he did relationships are very much part of the family not. However, if he wants it to apply to unit. If the definition of "family unit" includes offspring—I call them offspring rather than de factos, other situations that can occur must children because they are over 16—who have be incorporated into legislation. We have seen lived in a de facto family and who decide to the Brady Bunch and the Woody Allen enter a relationship or marry later, it is quite situation. If we are to give de facto wrong. Nobody would object to that. Owing to relationships equal status with married somebody else's relationship, the Attorney is relationships—which is happening, and I prohibiting any sort of relationship between accept that—those involved must accept the two younger people or, in the case that the same privileges and restrictions of family life member for Caboolture mentioned yesterday, and family relationships. If de facto couples people of quite dissimilar ages. He is treating want the same acceptability as married the offspring of both partners as being part of couples, they must accept the imposition of one family, when in today's climate that is not the same restrictions. so. A number of statements have been The Attorney has to do something about made today in relation to this section, but I this because there is going to be a public believe that the section is appropriate in order outcry, and nowhere more so than in country to cope with the changing conditions in the towns, where there is a limited number of community today. Unfortunately, we need laws people to form partnerships and to form to cope with that. Members opposite referred marriages. It is disgraceful that both partners to the Marriages Act. The Marriages Act will would now be facing life imprisonment for pertain and people will be protected under that doing something that is not wrong. It is Act. That is clearly covered. Once the marriage perfectly natural and acceptable in the occurs, the people are protected. I listened to community. The Attorney should be looking at all the proposals from the Opposition, but the that. He has already agreed to one Government will not be accepting the amendment, but he will not consider the logic amendment. of this and do something about it. Mr ARDILL: Despite what the Minister has said, he is incorrect. This does not deal Mr J. H. SULLIVAN: In the Attorney's response to the earlier contributions he made with the simple matter of a de facto the claim that the Government had looked at relationship and minors. If it did, it would be the Commonwealth Marriages Act and that spelt out; but subsection (6) does not say that married couples would be covered and that at all. Subsection (6) makes no mention of they would not be liable to criminal sanction minors. It mentions de facto relationships. If under the proposed sections of the Criminal the Minister were correct, I would be in favour Code. I am not a lawyer, but I have some of it. I do not believe that the child of one experience with legislation. I would be very partner in a de facto relationship should be put interested if the Attorney would list for us which in any lesser position than the child of both partners in the relationship. That is not what other sections of Queensland's Criminal Code this section is about. I do not think the are excluded from operation by other Attorney has even thought about that. This Commonwealth Acts. Is this section of the section is about adult people who are outside Criminal Code excluded from operation by a the de facto relationship, or minors outside the Commonwealth Act in isolation, or do the de facto relationship. A female minor could people of Queensland have to be extra careful stay with her father, and his wife could enter of his Code because great rafts of it are into a de facto relationship with another excluded from operation because of partner. At age 16, the son of the de facto inconsistencies with Commonwealth Acts? husband could decide to enter into a The truth is that both Acts would operate relationship with the daughter who stayed with in Queensland. Those people would be legally her father. Under this provision, that would be able to marry under the Commonwealth Act, incest. That is patently ridiculous; that is not and they would not be able to engage in a incest. The Attorney-General does not seem sexual relationship under the Attorney's incest to be listening; he does not seem to be laws. The truth is that the Marriages Act would considering that. He is taking a situation that not exclude it from operation. The truth is that he has seen and he is attaching that to every they would both operate. What the Attorney is other circumstance. It is patently wrong for him doing is patently wrong. His attempts to justify 20 Mar 1997 Criminal Law Amendment Bill 725 it are not even anywhere near correct. I have Chamber. It would not be a great backdown said now twice and I will say it again for the for the Minister if he were to do that. However, third time: I strongly support the protections I tell the Minister what would be a great that the Attorney is trying to deliver to younger backdown: the minute a citizen of this State is people in dangerous circumstances in our taken to court under these provisions. The community. I strongly support that and I think Minister will have egg all over his face for that he should be commended for trying to do turning honest, law-abiding people into that. However, to do it this way is pure lunacy. criminals by these provisions. It is not worthy This is achieving not just what he is setting out and I think that it would be expedient for the to achieve but something greater—a greater Minister to accept the urgings of the ill. Opposition on this matter and do something in After the Minister has delivered us with the appropriate place within the Criminal Code this great long list of exclusions, I will urge him for the children whom he wishes to protect. I to again consider the expediency of not would be happy to see those provisions come proceeding with these amendments to into the Parliament at any time, and I would sections 222 and 223 as set out in this Bill gladly support them. until such time as he has been able to have Mrs CUNNINGHAM: I ask a question his staff redraft the provisions to provide the of the Minister. I note that Labor's proposal is appropriate protection for children in the to completely withdraw the incest provisions. I situation in which he wishes to protect find that unacceptable because we have them—and I am sure that every member of heard repeatedly the importance of protecting this Parliament wishes the Minister to protect young people—not just children, but young them—and to make sure that he does not people of any age, depending not only on inadvertently capture people who should not their physical age but also their mental be captured by this provision. age—within relationships. Everybody has endorsed that. This matter is being discussed As I have said, there are people in this State—honest, law-abiding citizens in this as if it is going to be a regular happening that State—who will be made criminals by the as the result of perhaps mid-life relationships application of this section. If the Minister looks between the parents of adult children that, at the Commonwealth Marriages Act—as he under this Bill, for those children who says he has done—he would see that there subsequently meet and form a relationship, it have been a number of amendments to that would be an incestuous relationship. It has Act. In amending that Act, the Commonwealth been repeated in this debate as if it is going to has taken cognisance of some changes that happen often. I do not think that it is going to have been made. For example, in that Act happen often. However, I request the Minister, there are differences between the provisions and I will wait for his comment, to have a look at the loophole that this creates and find the relating to marriages that were solemnised words that will adequately protect those between 1977 and 1985 and some of the people for the future. I am not talking about a provisions that relate to marriages solemnised never-never review of the Code; I am talking since 1985. That is because the about a continuing review of those provisions Commonwealth recognised that it was shifting about which concern has been raised. I ask the goalposts for some people who had the Minister to look for ways of addressing that previously been married. The Minister is concern without completely removing the shifting the goalposts, yet he is not providing people who are married already with any incest provisions. The proposal before us is to protection. remove all the incest provisions from the Code. The reason the Minister has not done Mr Fouras: No, it's not. that is that he is now trying to defend the indefensible. This is a provision that the Mrs CUNNINGHAM: It is. That is the Minister did not understand when it was amendment, and I am not prepared to say drafted. He has sought to do something that that is the right thing to do. I am laudable—and I applaud him for that; I interested in the Minister's response. applaud him for trying to do the right thing by Mr BEANLAND: I will answer that young people—but he did not understand the question. That might be helpful for the implications of it. Now he is refusing to do what member for Gladstone. As I understand what is the intelligent and sensible thing, and the the member for Yeronga is endeavouring to thing that this Parliament should be urging him do—and I am just having a look to see to do—not just members on this side of the whether some appropriate amendment might Chamber but also members on his side of the be possible to clear up one or two issues right 726 Criminal Law Amendment Bill 20 Mar 1997 at this minute—he is proposing to delete the debate, while not all of my colleagues would amendment which the Government is agree with me, I would have some support for proposing, which will leave the provision as it the direct lineal model of incest to be stands in the existing Code. I do not want to expanded to uncles, aunts, nieces and confuse anybody in this Chamber about this nephews. However, I say to the member for section in any way. If the amendment that the Lockyer, to the Attorney-General and to the Government is proposing was defeated, then advisers from the department that this should it would leave the existing Code provisions. Is not be done in isolation. There may be some the member clear on that? While the debate very good reasons for it, but even if they make is continuing, in relation to the points that have that provision in our Criminal Code, it is still at been raised, I will just see whether or not there variance with the provisions in the are some other things that we might be able Commonwealth Marriages Act. To my mind, it to do to clarify this section a little more, yet still is laudable—and some of my colleagues will keep the whole thrust of the section. At the disagree; we have not actually discussed it as same time, we might overcome any concerns such—but it is still at variance with the about the provision. While the debate is Commonwealth Act. Therefore, it causes a continuing, I will look at that matter. problem in Queensland that I do not think we Mr ARDILL: I agree with what the need. member for Caboolture said. In my opinion, if At this stage I want to say something that proper amendments were introduced into this has not been raised thus far in discussion on Chamber to protect minors, there would be this particular clause of the Bill: I support the very little difficulty in passing them. I do not concept that the offence should be the same, believe that the Attorney-General would have whether it is committed by a woman or a man. any great difficulty at some later date in When the former Government sought to bringing in amendments specifically to protect completely rewrite the Code, it was told often minors. But in point of fact, the Sir Samuel that the Griffith Code has served us Griffith Code covers incest very, very clearly. exceedingly well for 100 years. During the As I said yesterday in my speech, Sir Samuel second-reading debate, that was said many Griffith covers the matter very succinctly and times. In the main, the Griffith Code has very clearly. Today, most people accept that served us reasonably well in very many areas. de facto relationships exist. It is quite easy to In relation to the crime of incest, we have adapt this provision to a de facto relationship been served by the Griffith Code in exactly the involving minors, so there is no difficulty in a same way as every other jurisdiction in this simple amendment to the provision. country has been served by their legislation. The member for Gladstone is wrong if she If we are to revert to the existing thinks that there is no protection against incest provisions of the Griffith Code for a short if this amendment is passed. Quite clearly, period, during which, with their minds focused there is complete protection for people in a on the issue and not on the entire Code, the family situation, or for a minor in a family Minister's departmental staff could assist the situation. The protection is contained in the Parliamentary Counsel to draft specific Griffith Code very clearly and very succinctly. I provisions to deal with the type of offence that hope to show it to her. he is seeking protection from in the broader Mr FITZGERALD: Can I just advise range of relationship situations, I believe that that if we go back to the existing Code, there the Minister could bring that back to the will be some cases involving uncles and aunts Parliament in the full confidence that he would that that Code will not cover, and we really receive support from both sides of the want to cover those cases. Although the Chamber. It would probably be passed in one provision is contained in the existing Code, my of those world record two-minute debates. understanding is that there will be cases of All the Opposition is asking for is that the uncles and aunts that really should be Minister gets this right, because relationships considered as incest even though there is no are one of the most fundamental areas of direct lineal link and that those cases should human life. The Minister is playing with be covered. That is the advice that I have relationships and relationships are often one's been given. measure of happiness and sadness. Mr J. H. SULLIVAN: I appreciate the Therefore, we want the Minister to get it right. advice that the member for Lockyer has been We do not want open slather on offences able to pass on to the Chamber. As I have against children in a range of relationships. I said both earlier during the Committee stage believe that members of the Opposition will and last evening during the second-reading gladly support legislation which prevents that. 20 Mar 1997 Criminal Law Amendment Bill 727

However, at this point I wonder if the Minister Mr FOLEY: I welcome the Minister's could give an undertaking to follow that course willingness to listen to the debate and to of events. In my mind, that would not be a respond. However, I have a number of sign of weakness on the Minister's part; I concerns which are not allayed by the believe that it would be a sign of strength. It proposed amendment. would give the Parliament an opportunity to be The meaning of the term "relevant unanimous about provisions which are persons" is not clear from the amendment. Is exceedingly important in terms of the that intended to be a reference to persons protection of younger children. who would be the subject of the charge of Mr Ardill: It's wrong to say that this sort incest, or is it a reference to persons through of thing seldom exists. I have a complaint at whom the step relationship is to be the moment of an adult uncle and niece in this established? Let me give an example: take sort of situation. the case of two unrelated young people, aged 20. Let us call them John and Mary. They Mr J. H. SULLIVAN: I am also aware form a relationship and they start to have of a similar situation, not in my electorate but sexual relations. Their widowed parents—we amongst people whom I know. These may not will call them Bill and Jane—then meet each be the most common relationships that people other. If Bill and Jane married or simply enter into, but some people do enter into established a de facto association, they would them. Because they are not prohibited be the "relevant persons" through whom the relationships under section 23B of the step relationship was established. Therefore, is Commonwealth Marriages Act, they should the term "relevant persons" intended to be a not be prevented from occurring. reference to the first couple or to the second Mr Dollin: How about royalty? couple? Bill and Jane would not necessarily be the relevant persons charged with incest; John Mr J. H. SULLIVAN: Those kinds of and Mary, being step siblings for the purposes relationships are essential for royal families! of the Government's proposed new section Mr BEANLAND: I thank all members for 222, would be. That is far from clear. the debate on this issue. Since there is Accordingly, I seek the Government's intention genuine concern about a matter that relates to with regard to that. a broad cross-section of the community, I am I must say, although not by way of happy to look at some possible amendments making a backhanded compliment to the to this clause. Therefore, I put forward the Minister, that I welcome his willingness to listen following amendment— to the debate and to attempt to respond to it. However, I think that it is fraught with danger if "At page 28, after line 31— we proceed down the path, however well insert— intentioned, of scribbling down amendments and trying to sort the problem out here and '(7) Also, for subsection (5), a now. I for one will not criticise the Government reference to a step relationship does not if it decides simply to withdraw this section and include a step relationship that first arose return to the drawing board. I think it would be after the relevant persons became a genuine and honest reflection of the debate adults." which has gone on. Therefore, it relates to minors only. From I want to make several points. Firstly, will listening to the debate, I believe that members the Minister clarify the meaning of the term are happy for the legislation to cover minors "relevant persons" within proposed new who are involved in incestuous situations, but subsection (7)? Secondly, there is a further they do not want the law on step relationships problem—and I may as well deal with it to apply to adults. Having had a quick now—in response to the points that the discussion about that, I understand that this Minister raised, because this is not just a amendment will overcome that concern. question of children. There is also a problem Therefore, I move the amendment to with the Marriages Act. If we accept that the overcome that situation. The amendment Minister is correct in his opinion, based on clearly spells out that the reference to a step advice, that the Marriages Act is a good relationship does not include a step defence to the charge of incest, what about relationship that arose after the relevant those persons who are lawfully entitled to persons became adults. I trust that that will marry but who are not yet married? Does the resolve the concerns that some members Minister concede that those persons would be have in relation to this matter. guilty of the offence of incest prior to their 728 Criminal Law Amendment Bill 20 Mar 1997 marriage, even though they are in the class of As my colleague the member for persons who are lawfully entitled to marry? Caboolture said, there is an anomaly in That seems to be the inescapable conclusion. different penalties, and that should be cured. Once we concede that there is a class of But, with respect, this provision does need persons who are caught by these provisions further work. It is dangerous to proceed in beyond the class of persons prohibited to circumstances where we have last-minute marry under the Marriages Act, it is simply not amendments being passed around the good enough to say that the Marriages Act is Chamber as a result of the problems that have a good defence, because many of those been revealed here. I urge that the Attorney persons, when lawfully entitled to marry, may adopt the wise course of action, which is to wish to engage in sexual relations prior to withdraw the relevant clause and think again. marriage. It does seem a curious anomaly that Mr BEANLAND: I do not have the such persons would be guilty of incest relevant sections of the Marriages Act with me, although lawfully entitled marry. but we will make sure that that is covered. I will The further concern I have, though, is produce another amendment shortly in this: I question the legal advice that the relation to that. I will respond to the Attorney-General has relied on to the effect honourable member's first and most relevant that the Marriages Act is a good defence to question, that which related to the terminology the charge of incest. I draw the attention of "relevant persons" as it relates to persons the Committee to the opinion expressed by allegedly committing incest. I am advised by the Queensland Law Society in its letter to Parliamentary Counsel that the term "relevant which I referred before. It has expressed the persons", as raised by the member, relates to view that— persons allegedly committing incest. "It does not appear that the Upon reading it, it would seem that that is Marriages Act (Commonwealth) would quite appropriate and in order. I can afford any defence to the criminal activity understand that there are concerns that engaged in by the married couple." people do not want to pick up issues that have not been thought through appropriately in a There is some logic to the Law Society's view. Members should consider the following range of areas. At the same time, I believe problem. As to married parties, a husband and that it is pertinent for this Parliament to be looking at the changes within family units that wife—a man may be charged with raping his we see today, certainly the many instances of wife. For the offence of rape, the Marriages de facto couples. I have no trouble with that. Act is no good defence. Similarly, the However, the problem of incest arises and we Marriages Act is no good defence to the need to be able to address it. That has been charge of assault, that is, a man can be acknowledged by the Chamber. We need to charged with assaulting his wife, and vice make sure that we have these provisions in versa. Similarly, the Marriages Act is no good place. defence to the charge of theft in that a man may be charged with stealing from his wife I am listening to the debate. I have no and a wife may be charged with stealing from trouble listening to what people have to say in her husband. Similarly, it is no good defence order that we can make any other relevant to a whole range of offences in the Criminal amendments if people have a concern. Unlike Code. some members in this place, I do not I ask the Minister: on what section of the believe—and never have believed—that Marriages Act does he rely for the proposition making amendments are a problem. In the that the Marriages Act affords a good past, sections have needed amending. I will defence? If the Minister is unable to inform the listen to sincere and genuine—as distinct from Chamber of the relevant section on which he political—argument from members in the relies, I ask the Minister to think twice about Chamber. I understand that in this case there this provision. In my submission to the is genuine and sincere concern. Where such Committee, it is really unwise to proceed. The concerns arise, that needs to be debate has been indicative of the fact that this accommodated. is not an easy area. I would encourage the If we have to make amendments, that is Attorney to take the course of action that I fine by me. It there is a need to add additional invited him to at the start, namely, to withdraw sections as we go along, that is fine. It has the relevant provision. As I said, in the event been foreshadowed to me that there will be a that the Opposition succeeds in opposing this new subsection (8), which clearly spells out clause, we would foreshadow changing that this section does not apply to carnal Schedule 1 so as to preserve section 223. knowledge between persons who are lawfully 20 Mar 1997 Criminal Law Amendment Bill 729 married or entitled to be lawfully married. That with an uncle or aunt and knows that that should clarify the situation. We will deal with person bears a relationship to him or her that amendment after dealing with the commits a crime. New subsection (8) that the amendment which inserts subsection (7) at Attorney has foreshadowed says that if they page 28, line 31. are legally entitled to marry then this will not be There is a need to clear up this matter so. An uncle and niece are legally entitled to here and now. I listen to what members say. marry under the Commonwealth Marriages We are going about this in a fairly businesslike Act. We may not like it—I do not actually think process. There is a need to clear up the it is a very good provision myself—but they are process. I hope that these further legally entitled to do so under laws of the amendments cater for the concerns of Commonwealth. To my mind, in all members within the Chamber. If they do not, I consciousness, the Attorney cannot go am sure I will hear some more. I will consider contrary to that Act in terms of sexual any further suggestions that are forthcoming. relations. To foreshadow new subsection (8), If need be, we will choose to go down some which is completely at odds with subsection other track. (1), is just to prove what the shadow Attorney was saying. This matter is complex, it is Mr J. H. SULLIVAN: As the Attorney difficult, it is sensitive, and it is very important suggested, he is about to hear another view. in terms of the protection of young people. Firstly, I will echo the concerns of the This is not something that we should be doing Opposition spokesman in relation to new now. subsection (7), and the concept that we can sit here across the Chamber and try to get it right. I urge the Minister again—I have done so With the greatest respect, the Attorney has three times before—to withdraw the clause, just proved the spokesperson's argument by amend the Schedule and send his brains trust telling us about new subsection (8). The back to work on this issue and this issue only. Attorney is now saying that people who are If they concentrate their minds on this issue in entitled to be married are protected from the a situation where they can sit down and think offence of incest. about it rather than in the rough and tumble of a debate going on in the Chamber, they may Let us look at new section 222(1)(a), get it right. If the Minister does anything with which lists people who are entitled to marry. this Criminal Code, for God's sake let him get With the greatest of respect to the Attorney these provisions right and not just keep and his advisers, this is gobbledegook, simply making things worse. This is important and because the Attorney is not prepared to do sensitive and it needs to be got right. Again, I the sensible thing—the thing that he knows urge the Minister to accept the Opposition's there will be great support for—that is, take amendment to omit the clause and come these provisions out of consideration at this back another day. I know enough about my time and come back as quickly as he can, colleagues on this side of the Chamber to be which is what we want him to do, with able to tell the Minister that, if he gets it right, provisions that remove the anomaly in terms he will get total support from us. of the penalty for men and women and ensure that the provisions in this Bill do not run We do not have any more truck than the contrary to the Marriages Act. Minister does with people who violate young people in this way. When people are in New subsection (8) that the Minister has positions of trust and they violate that trust, we foreshadowed simply says that people who do not think that is any better than the are married or entitled to be married do not Attorney does. But in relation to subsection commit incest, but subsection (1) lists people (7), it seems that the Minister and his advisers who under the Marriages Act are entitled to have been selectively watching television. marry and says that if they engage in a sexual They obviously have not seen the recent relationship they commit incest. This is just cases in which people who are not adults are crazy law making. The shadow Attorney is being given permission by magistrates to correct and, with respect, the Attorney is also marry. Subsection (7) relates to their being correct: this is not a matter of politics; this is a adults, not to their being married. People can matter of conviction and concern to get the marry in certain circumstances before they law right, to have kids protected but to not become adults. Again, the problem is that the place an impossible burden on those number Minister is trying to cobble together an answer of people who might otherwise find on the run to achieve what I have said before themselves at variance with this section. is a laudable objective: the protection of young For example, proposed section 222(1)(a) people. We support the Minister in the says that a person who has carnal knowledge protection of young people, we just do not 730 Criminal Law Amendment Bill 20 Mar 1997 support him in the way that this piece of possible to stop incest, provided that does not legislation has been bungled and will be have unforeseen consequences. It is worth bungled even more if the Minister continues to drawing to the attention of the Committee the try, in the back corridors, to change the fact that under the proposed amendments to drafting. I plead with the Minister to accede to section 210 of the Code the penalties are 10 the Opposition's request to withdraw this and 14 years—quite appropriately—for the clause. indecent treatment of children under 16. Mr FOLEY: I have been furnished with Mr J. H. SULLIVAN: I want to rise proposed new subsection (8), which I assume again because I am not quite sure that I made the Minister is intending to move, which myself clear in reference to new subsection provides that section 222 does not apply to (8). I seek some clarification of the phrase carnal knowledge between persons who are "entitled to be legally married". Who is entitled lawfully married or entitled to be lawfully to be legally married? Is that intended to married. That addresses the concerns that I mean people in certain relationships, or does it raised in my previous speech, although the mean people in those relationships of a Opposition's view is that it would be better to certain age? Let me read again into the record withdraw the amendments contained in the the provisions of the Commonwealth clause. So our inclination would be not to Marriages Act to indicate what a prohibited object to the inclusion of proposed relationship is— subsections (7) and (8). We will, however, "Marriages of parties within a divide on the clause as a whole. May I just prohibited relationship are marriages: say, however, that while I think new subsection (7) improves the section in that it makes it (a) between a person and an clear that the application is to adults and, ancestor or descendant of the indeed, new subsection (8) improves the person; or section in that it makes it clear that it does not (b) between a brother and a sister apply to carnal knowledge between persons (whether of the whole blood or who are lawfully married or entitled to be the half-blood)." lawfully married, that does appear to be in flat contradiction with the earlier parts of the I should add that subsection (c) of that section section and, accordingly, seems to me to of the Marriages Act indicates that an adopted render the earlier parts of this section child is to be treated as a natural child of a meaningless. But that is a matter for the marriage, and so the net catches adopted Government. I note that new subsection (7) is children. What the Minister has quite possibly moved. We will not oppose that. I note that done with new subsection (8) is rule out the the Minister is proposing to move new offence of incest for all of those people that he subsection (8). We will not oppose that, but we wanted to add in, because under the will divide on the clause. Commonwealth Act they are legally entitled to be married. So the Minister may well have Mr LUCAS: I seek clarification. I support ruled them out. the broadening of the incest net—I certainly have no difficulty with that—but, as my The Minister may not have increased the colleagues have indicated, there certainly are net at all; he may have shut it down. He may some concerns about unintended have brought us back to the original situation consequences as a result of it. I note that of the Griffith Code, anyway. Unless "legally section 210 of the new Code will provide entitled to be married" has some reference to higher penalties for the indecent treatment of the age of the person, he has brought us back children under 16—increased from 5 to 10 to the Griffith Code; he has taken us nowhere years and from 10 to 14 years. I am not except to introduce the same penalty for men suggesting that therefore we should not act on and women. Again, I urge the Minister to incest; of course we should. But I presume follow the course that we have been urging that those penalties will come into force as him to all afternoon. soon as the new Code is proclaimed. Earlier Mr BEANLAND: In reply to the member the Minister expressed a view that we were for Caboolture, I say that I do not quite agree worried about young people and children. We with his comments. It is quite clear that the definitely are; that is our most important foreshadowed amendment applies to carnal concern. Of course, the penalties will be in knowledge between persons who are lawfully place immediately, which would then give the married or entitled to be lawfully married. That chance to draft the most appropriate does not include people who are in a provisions to be introduced at a later date. I prohibited relationship or who are not lawfully am more than happy to have the widest net entitled to be married. I do not see the issue 20 Mar 1997 Criminal Law Amendment Bill 731 that the honourable member raises in that Maximum penalty—imprisonment for regard. I think that he is confusing himself or life.'." the situation. It seems to me that that is covered by the foreshadowed amendment. I I said much of what I wanted to say on do not think that that is a particular problem this amendment in the second-reading here. I do not think the amendment excludes debate. During the contribution of the member all the people we are trying to include at for Maroochydore to this debate, she said that all—far from it. In fact, the section does not in 1995 the Royal Women's Hospital study apply to carnal knowledge between persons revealed that, out of 1,014 women, 30% had who are lawfully married or entitled to be been victims of abuse—particularly, domestic lawfully married. I think that is quite clear and violence—before or during pregnancy. That is explicit. a significant number of women subjected to assault during pregnancy. Amendment agreed to. Mr BEANLAND: I move the following Clause 10 of the Bill deals with those who amendment to insert a new subsection (8)— commit assault, which is the issue we are dealing with. It states that people who commit "After new subsection (7)— assault take their victims as they find them; insert— they cannot use as a defence the fact that the '(8) This section does not apply to victim had a weak heart, a weak skull, an egg- carnal knowledge between persons who shell skull, some other disability or any other are lawfully married or entitled to be argument to explain away excessive damage lawfully married.'." causing death to the victim. I believe that that Amendment agreed to. same principle should apply to an assault on a pregnant woman if it can be shown that the Question—That clause 32, as baby dies as a result of that assault. amended, be agreed to—put; and the Committee divided— Offenders should count the cost. This AYES, 41—Baumann, Beanland, Connor, Cooper, subject has already arisen during the debate Cunningham, Davidson, Elliott, FitzGerald, Gamin, on this Bill. The issue is: count the cost before Gilmore, Goss J. N., Grice, Harper, Healy, Hegarty, you do something that is illegal. You leave Hobbs, Horan, Johnson, Lester, Lingard, Littleproud, your rights at the door when you enter a home McCauley, Malone, Perrett, Quinn, Radke, Rowell, and try to burgle it and you are subsequently Santoro, Simpson, Slack, Stephan, Stoneman, Tanti, injured. You lose your rights when you Turner, Veivers, Warwick, Watson, Wilson, undertake illegal activity. I spoke with the Woolmer. Tellers: Springborg, Carroll Brisbane media about this issue, and my NOES, 40—Ardill, Barton, Beattie, Bligh, Braddy, comments were reported in articles in the Bredhauer, Briskey, Campbell, D'Arcy, De Lacy, Sunday Mail and Courier-Mail in February and Dollin, Edmond, Elder, Foley, Fouras, Gibbs, Goss March of this year. All of the responses that I W. K., Hamill, Hayward, Hollis, Lucas, Mackenroth, received to those articles were positive and Milliner, Mulherin, Nunn, Nuttall, Palaszczuk, Pearce, very supportive, as were those to articles in my Purcell, Roberts, Robertson, Rose, Schwarten, Smith, Spence, Sullivan J. H., Welford, Wells. local media. Tellers: Livingstone, Sullivan T. B. The importance of this section is borne Pairs: Sheldon, McGrady; Borbidge, Bird; out in the fact that, to a couple who are McElligott, Mitchell looking forward to the birth of their child, the Resolved in the affirmative. child is an important addition to their family Clauses 33 to 46, as read, agreed to. right from day one. The excitement grows, probably once the morning sickness is over. Clause 47— The excitement of having a child grows over Mrs CUNNINGHAM (5.09 p.m.): I move the term of the pregnancy. The importance of the following amendment— the child does not suddenly begin at 24 "At page 36, lines 26 to 28 and page 37, weeks. If a person is going to act illegally and lines 1 to 6— assault a woman, then before that assault occurs that person needs to take into account omit, insert— that perhaps the woman is pregnant—either '(2) Any person who unlawfully visibly or not—and that, by committing that assaults a female pregnant with a child assault, that person could not only do harm to and destroys the life of, or does grievous the woman but to her unborn child as well. bodily harm to, or transmits a serious People need to take account of that. They disease to, the child before its birth, should not be protected at law so that commits a crime. somebody who assaults a pregnant woman 732 Criminal Law Amendment Bill 20 Mar 1997 under 24 weeks has some sort of additional previous Criminal Code and under Labor's now protection. defunct 1995 Code. In that case, the attacker The incident involving Tracy Wooding was could be charged only with using force to reprehensible. The reaction by the community procure an abortion—an offence with a was one of complete outrage and complete maximum penalty of 14 years. I understand denial of its acceptability. The comments I that, in that case, the offender could not be have received from people on extending the charged with grievous bodily harm because liability for assault of a pregnant woman under the mother was physically not badly injured 24 weeks have been to the same effect, and the child in her womb took the brunt of namely, that the value of that child is no less the attacker's karate kick. Thus the coalition diminished because the pregnancy is not yet Government's Bill went part of the way to 24 weeks progressed. protecting a pregnant woman and her child where there was effectively no real protection I said most of what I wanted to say today before, but this amendment is better, as it also during the debate on the second reading of deals with giving greater justice to pregnant the Bill. The value of children is inestimable to women prior to 24 weeks. I know it has the a marriage. For some people it can be 10 strong support of my coalition colleagues. years before they finally have the privilege and the joy of conceiving a child. In some The amendment before the Committee instances, this occurs through a very clinical does not involve abortion. This concerns the process of IVF. It is a difficult time, particularly issue of unlawful assault on a pregnant for those who have waited a long time to have woman resulting in death or grievous bodily children. In the case of a woman who, after a harm to her unborn child. The penalty for this long period, finally falls pregnant—she may be offence will be a maximum of life 10 weeks or 20 weeks pregnant—if she is imprisonment. It is not abortion because, assaulted and, as a result of that assault, the under these provisions, the woman clearly baby dies, it is almost impossible to quantify would not have intended to have her child the sadness and the devastation that that killed or injured. It is hard to fathom why death would cause. Therefore, recognising anyone would attack pregnant women. that assault on a woman and the resulting Unfortunately, the previous grievous bodily death of her child at any age gives dignity to harm provisions and abortion provisions, such that child. It gives importance to the status of as using force to procure an abortion, were pregnancy for women. It gives importance to insufficient to deal with these cases. Let this the role of everybody in this society to consider new law be a warning to people who bash the cost of what they are doing, particularly in pregnant women. the event of an illegal activity. I am sure that, Mr CARROLL: I found it very interesting in the case of people who might lightly that the very wording of this amendment, consider snatching a bag from a young which I support wholeheartedly, can be found woman, it may make them pause momentarily in the book of Exodus in the Bible at verse 22 and think about the consequences of their of chapter 21, which I would like to read. It actions, because if that woman turns out to be says— pregnant and the assault causes the death of "If men who are fighting hit a her child then the implications are more severe pregnant woman and she gives birth if this amendment is passed. prematurely but there is no serious injury, I happen to believe that the value of a the offender must be fined whatever the child to a family is inestimable. I also believe woman's husband demands and the that if an assault occasions the death of a court allows." child, that death is of no less importance Verse 23 says— because the child is younger than 24 weeks. I commend this amendment to the Committee "But if there is serious injury, you are for its consideration. to take life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn Miss SIMPSON: I strongly support the for burn, wound for wound, bruise for member for Gladstone's amendment. The bruise." Government's original provision in this Bill extended rights for the unborn where there I imagine that some people would be was a gaping black hole. The tragic death of concerned about citizens' rights as to the baby Zack when his mother Tracy was extent of the penalty. attacked when she was eight months Mr Palaszczuk interjected. pregnant clearly illustrated the shocking lack of Mr CARROLL: I expect that it would be protection for even late-term babies under the the same, because it is a serious offence that 20 Mar 1997 Criminal Law Amendment Bill 733 has been recognised as serious for a long the law, but the current proposal is an time. unnecessary extension of an uncertain nature. As to the question of the penalty being In the circumstances the Opposition will not be severe—it is a maximum penalty. As this book supporting it. anticipates, it is a matter for the court at the Ms SPENCE: As my colleague the time to determine the penalty according to the shadow Minister said, the Opposition was very exact circumstances of the offence. So no-one pleased to support clause 47 of the in our society should be afraid of the fact that Government's proposed amendments to the a high maximum penalty has been set. It is Criminal Code, which states— interesting that those paragraphs I read anticipate that there may not be any clear "(2) Any person who, unlawfully injury to the woman. That was precisely the assaults a female pregnant with a child problem that arose in that recent Queensland capable of being born alive and destroys case which this amendment seeks to rectify. the life of, or does grievous bodily harm to, or transmits a serious disease to, the I commend the amendment to the child before its birth, commits a crime. Committee. I believe it is a necessary addition to our criminal law. I do not think it will cause . . . any unfairness or any minor cases to be dealt (3) For this section, evidence that with unfairly. All of those matters are well able demonstrates on the balance of to be dealt with by appropriate medical probabilities that a female had at any evidence and appropriate legal argument as material time been pregnant for a period each case arises. of 24 weeks or more is proof that the child Mr FOLEY: The Opposition opposes with which she was at that time pregnant the amendment moved by the member for was then capable of being born alive." Gladstone. The Opposition supported the However, we are not prepared to support Government's original clause 47, which was the amendment proposed by the member for designed to address a problem identified in a Gladstone—not because we value children recent case. The amendment before the less, not because we lack an understanding of Committee is unnecessary. It should be noted the joy of pregnancy that the member talks in this respect that the Government's original about. On the face of this amendment, it amendment made provision for circumstances appears reasonable. We all abhor the act of in which a person unlawfully assaulted a assaulting a pregnant woman. In fact, our female pregnant with a child capable of being Criminal Code already has a section in it born alive. The effect of this amendment is to dealing with assault on women generally. remove from the Government's original Under the section of our Criminal Code dealing amendment the term "capable of being born with aggravated assaults, section 344(c) states alive". that it is unlawful that the person assaulted is It should be noted, of course, that all a female. In addition, we have the crime of honourable members would deplore any grievous bodily harm to refer to. That offence attack on a pregnant female. That is regarded would cover pregnancy, because, in our with abhorrence by all honourable members of current Criminal Code, the first subsection of this Chamber. In that regard it should also be the section that covers grievous bodily harm, noted that, with the Opposition's support, the section 343(a), states that any person who Government has moved a provision to unlawfully assaults another and thereby does increase the penalty for the offence of assault the other person bodily harm is liable on occasioning bodily harm from three years to summary conviction to a fine or to seven years. That is more than a doubling of imprisonment. Both of those sections already the penalty. However, this amendment cover, to some extent, assaulting women and introduces into law a concept of uncertain assaulting women who happen to be nature. It may be that in construing the term pregnant. "child" the court will have regard to the The amendment put forward by the meaning of the term within existing section Government goes further than that, because it 313 which becomes section 313(1). acknowledges the offence of causing damage However, the Opposition opposes the to the child as well as to the woman. That amendment moved by the member for basically takes into account the case that the Gladstone. It is unnecessary in the member for Maroochydore was talking about circumstances. The original clause 47 last year of the woman who felt that justice proposed by the Government was a sensible was not done because, although she was not provision designed to address an anomaly in injured, she miscarried the child. 734 Criminal Law Amendment Bill 20 Mar 1997

Miss Simpson: She did not miscarry. what he as brought to the Chamber in this Ms SPENCE: She did not miscarry; she case would have given the necessary legal lost the child. The reason that we can support protection. the Government's amendment but not the The amendment moved by the member member for Gladstone's amendment is that for Gladstone raises a problem of process. For the member for Gladstone's amendment gives a Criminal Code or major amendments to the same status to any foetus as to a child legislation to get to this Chamber, a huge beyond 24 weeks. Our courts at present do amount of work and consultation with the not consider that to be the case. They do not major body and interest groups must have consider, for instance, that a zygote, that is, gone on in advance. I am disappointed that the cells joined at the moment of conception, this amendment from the member for should be considered as a child in the same Gladstone only hit the desk this morning. That light as a foetus of over 24 weeks that is does a disservice to the workings of this capable of being born alive. The line is drawn Chamber. I do not believe that it has resulted generally in our courts at 24 weeks. A lot of in the best form of legislation. If there is a topic case law exists in which that has been the such as this, which is knife-edged in its case. Whether we like it or not, the case law in balance of protection and its juxtaposition with this State and this country has generally other important points of the criminal law, the established that. That is why we are prepared member for Gladstone will have to give both to support the Government's amendment and sides of this Chamber a hell of a lot more not support the amendment moved by the warning and do a hell of a lot more planning. I member for Gladstone. believe that the amendment that the Attorney- I believe that there are serious practical General is introducing gives pregnant women problems with the amendment moved by the the protection that they need. That is why I member for Gladstone. As we all know, it is prefer his legislation over the amendment. very easy to miscarry in the first trimester of a Mr WELLS: I congratulate the Attorney- pregnancy. When one takes a case along the General on bringing this amendment forward. lines proposed by the member for Gladstone This is one respect in which the provisions of to court, the court will have to look very the Criminal Code will now be better than the carefully at whether the child was viable. The provision of the 1995 Criminal Code, which did court will turn to the case law which states that not contain one of these provisions. I spoke viability is at about 24 weeks. It will also have previously about many respects in which it will to look very carefully at the history of the be inferior. In this respect, it will be superior. I mother and her history of miscarriage to see congratulate him on that. whether in fact the assault caused the miscarriage or the loss of the child or whether I crave the indulgence of the House to some other medical condition could have apologise for an error I made earlier. I said caused it. I believe that the amendment that the House did not divide on the second moved by the member for Gladstone would reading of the 1995 Criminal Code. I was create many practical problems. The courts incorrect. The rest of what I said—that the are going to be determining those problems House divided on only one clause of the for years to come as they take up those cases Criminal Code—was correct, but I made an if they are taken to court. However, I applaud error in respect of the second reading division. the original amendment moved by Attorney- Amendment agreed to. General Beanland. That is a very sensible amendment. I urge all members of the Clause 47, as amended, agreed to. Chamber to support the Government's Clauses 48 to 59, as read, agreed to. amendment in this instance. Clause 60— Mr T. B. SULLIVAN: I and all my ALP colleagues want to support legislation that will Mr FOLEY (5.31 p.m.): I move the protect people from attack and, in this following amendment— particular case, pregnant women. As the "At page 45, after line 5— father of five and a partner in a marriage in which we have suffered from the loss caused insert— by a miscarriage, I understand to some '(3) Section 340— degree the trauma suffered by women when they lose a child as a result of an attack. As insert— much as I have disagreed with the Attorney- '(g) assaults any person who is 60 General on many other issues, I believe that years or more; or 20 Mar 1997 Criminal Law Amendment Bill 735

(h) assaults any person who relies the amendment moved by the member for on a guide dog, wheelchair or Gladstone to the Government's proposed other remedial device;'. clause relating to the killing of an unborn child. '(4) Section 340, at the end— Perhaps an extension to this clause that should be considered in the future is assaults insert— on pregnant women regardless of whether 'Examples of remedial device for they have the effect of damaging the foetus or paragraph (h)— not. Again, that is an assault that causes walking frame, caliper, walking stick community revulsion. People are disgusted by and artificial limb.'." it. I am happy to associate myself with and strongly support the amendment moved by This amendment inserts provisions that my colleague the shadow Minister. appeared in Labor's 1995 Criminal Code with respect to assaults on the elderly and the Mr T. B. SULLIVAN: I, too, support disabled. In particular, these amendments go the amendment moved by my colleague. I to section 340 of the Criminal Code, which represent an electorate that has a defines serious assaults. The amendment tremendously high percentage of elderly inserts two further classes of serious assault, people. I understand some of the fears that namely, the assault of a person 60 years or people have of assault. In fact, even when over and the assault of a person who relies on someone from a Government agency is a guide dog, wheelchair or other remedial visiting elderly people and those people device. receive a phone call beforehand to let them The effect of the insertion into this clause know that someone from the Home Secure is that assaults on such people will be liable to program, or another agency such as that, or a punishment of seven years' imprisonment as someone from the Department of Housing is opposed to three years in respect of common going to visit them, they are still very scared assault. The policy behind the amendment is and are very reluctant to open their doors to to indicate that our society regards as very those people. With almost 23% of the people in my electorate aged over 60, this clause will serious any assault on an elderly person or on have an effect on a huge percentage of the a person with a disability. The provisions that population of my electorate. I support the are set out in that amendment are intended to provide extra protection to those parts of our Minister for taking into account the vulnerability community who are entitled to the protection of the aged and trying to have a greater of our criminal law. I commend the deterrent and a greater punishment for those amendment to the Chamber. who attack them. Mr LUCAS: I would like to associate Mrs CUNNINGHAM: I want to make a myself with the remarks made by the shadow couple of comments about this amendment. I Minister in relation to the Opposition's have discussed it with a number of people. I proposed amendment to section 340 of the certainly support the sentiments that are Criminal Code. I think that it is very common in expressed in it. I am sure that, without society to have real outrage and revulsion exception, if one spoke to people in the when people pick on the elderly and the infirm. community about it, they would say, "Yes, with That crime is reserved a special category of older people and people with disabilities, it disgust. The problem is that when older needs to be telegraphed tangibly that those people or people who have disabilities are people deserve and should get particular assaulted, it takes away all of their liberties protection." and it makes them scared to ever go out The question was put to me—and I want again. They do not just suffer the physical or to raise it in this Chamber today—that perhaps psychological damage from the assault itself, it by setting an arbitrary age of 60 years, it could also makes them wary to go out. It takes away disadvantage somebody who is 59 but more their own feeling of security. In fact, if one infirm than somebody who is 61 and fairly talked to victims of sexual assault, one would active and fairly athletic. My comment to the find that they have similar feelings. It takes Minister is that by including this amendment to away their rights to go places. Often women the clause in the Bill, it is not intended to who have suffered unfortunate sexual assaults disadvantage younger people in their 50s who no longer want to go out at night any more. are assaulted and who may be physically less They are scared of going out by themselves. able and who may be physically weaker. Their I support this amendment, which takes disabilities and their illnesses need to be taken particular account of the concerns of the into account when a sentence is passed on an elderly and the concerns of the infirm. I refer to assailant. 736 Criminal Law Amendment Bill 20 Mar 1997

However, to include this amendment in that it could lead to confusion. I think that the clause sends a message to the these sorts of matters should be left to the community, and particularly to people who courts. I believe that courts react to people may be considering committing an assault, who are frail for whatever reason—those who that we as a representative group of the have impairments or disabilities—in a whole community in this Chamber and the judiciary range of circumstances. To spell out assaults find assaults on older people reprehensible on any person who is 60 years of age or more and unacceptable. I would like it put on the and then to set out certain other matters for record that it is not intended to give any less the court to rely upon creates a whole host of protection to people who are younger than 60 other circumstances that might arise who may have greater disabilities and who are afterwards. In very many ways, we might very assaulted. Their assailants need to be dealt well regret putting in those particular with harshly as well. amendments. Mr BEANLAND: I think that we would Mr FitzGerald: Assaults on the very all agree that there is community revulsion young are very scandalous things. Assaults on against those who commit offences against pregnant women are very scandalous. the frail and a whole range of other people in Mr BEANLAND: They certainly are the community. However, I have a lot of scandalous, as the Leader of Government trouble with this amendment because, at the Business has said. There is a never-ending set end of the day, the penalty still remains at of circumstances. I accept that the Opposition seven years. At the end of the day, we are is moving this amendment through genuine going to have a situation that we are perhaps concern, but I do not believe that it will resolve sending some wrong messages to the courts. the problems that the Opposition is trying to They are going to look at their discretionary rectify. Indeed, it may create more concerns. powers in relation to this matter and think, Certainly, the courts have the discretion and I "Perhaps if it is somebody who is not 60, who think generally courts look very unkindly upon is not frail, or who is not something else or those who commit these sorts of offences. other, we do not give quite as serious a However, setting 60 as a particular arbitrary penalty or quite as tough a penalty as we do age group when there are so many people for someone else." For example, what about throughout society who could fall within the someone who is 55 and who has a very bad category of those needing special medical—— attention—the frail, those who are less able to Mr FitzGerald: Just out of defend themselves, the young and so hospital—had an operation. forth—is not the correct way to go. It may send Mr BEANLAND: Or as the Leader of wrong messages to the courts. Therefore, the Government Business says, is just out of Government cannot support the amendments hospital; that person might be worse off. No- that are being put forward to this very one is saying for a moment that attacks upon important section of the legislation. these people should not be looked upon by Mr ARDILL: I take issue with the the courts as something that requires severe Attorney-General on this particular item. penalties; they certainly do require severe Clause 340 of the Griffith Code spells out penalties. However, at the end of the day we specifically the other provisions in such an have a range of penalties that are at the assault. It does not refer to the general run of discretion of the courts. We cannot provide for assaults or the general community at all. It all circumstances, otherwise we would be spells out very specifically the details in relation forever trying to keep up with them. to a crime, in relation to resisting or obstructing Circumstances vary with each particular case. a policeman and various other items. It seems to me that with this amendment The effect of the shadow Attorney- we are trying to set out some particular class General's amendment is to protect people of victim. The amendment does not do that, over 60 years of age. Speaking on behalf of because at the end of the day I think that the those in this Chamber who are over 60 years amendment would introduce more of age, this is a very necessary provision. irregularities and create more problems. In my There should be specific sanctions against view, it is window-dressing for what is those who attack the elderly. Complaints have nevertheless a crime that is of grave concern been made to me by my constituents about within the community. I do not think that it will elderly people being subjected to attacks by achieve what it is meant to achieve. It could in gangs of young hoons who circle them and fact have the reverse effect. That is what I am attack them from various angles. The hoons concerned about. At the end of the day I think would not do that to young people, because 20 Mar 1997 Criminal Law Amendment Bill 737 they are concerned that they might get a bit of Pairs: Sheldon, McGrady; Borbidge, Bird; their own back. Therefore, I think it is very McElligott, Mitchell necessary that this is spelled out. I also speak Resolved in the affirmative. on behalf of a number of visually impaired Clause 60, as amended, agreed to. people who live in my electorate who also suffer from this problem on occasions. Clause 61, as read, agreed to. The amendment will make a difference Clause 62— and will draw attention to the fact that attacks Mr Foley: Madam Chair, what about on elderly people and those with disabilities will clause 61? not be accepted and are not accepted by the The TEMPORARY CHAIRMAN (Miss community. The Attorney-General should look Simpson): We have called clause 61. The at this amendment and consider it. I was not question is that clause 62, as read, stand part going to speak on this clause as I thought for of the Bill. sure that he would accept the amendment, because there is no reason not to. As I have Mr Foley: I wish to speak to clause 61. said, there is a specific reason why this The TEMPORARY CHAIRMAN: It amendment should be included in this section was called. It was called from the Chair very of the new Act. clearly. Mr LUCAS: I do not know what sort of Mr FOLEY: I rise to a point of order. dills the Attorney-General must take us all for. I Madam Chair, I did not hear you call clause do not claim to be the smartest person in the 61. I would like to speak to clause 61. We world, but I can read. The Attorney-General is have opposition to clause 61. saying that he is concerned about creating The TEMPORARY CHAIRMAN: With different categories of offences and if we do respect, clause 61 was very clearly called. that for the elderly and infirm then who next will we have to do it for, and I think that the Mr Foley: I seek your indulgence, Leader of Government Business was egging Madam Chair. him on in that view. If we accept that that The TEMPORARY CHAIRMAN: I will false, philosophical point of view is the one seek the advice of the Clerk. that the Attorney-General sincerely holds, why Mr T. B. SULLIVAN: I rise to a point of not repeal the aggravated assaults provision order. Madam Chair, I was standing and of the Criminal Code which provides an talking to someone. I may have blocked your additional penalty if the person assaulted is view. under 16 years of age or is a female? The Attorney-General is opposing this amendment The TEMPORARY CHAIRMAN: With because he does not want to give the respect, it was very clearly put. If the member Opposition any credit for a sensible initiative was standing before another member of his which deals with a very prevalent problem. The own side, it was not heard from the table and fact is that louts and hoons are taking away it was very clearly put. the liberties of older and infirm people and Mr Ardill: I called to speak, Madam they deserve extra special punishment for it. Chair. I also shouted out. Question—That the words proposed to The TEMPORARY CHAIRMAN: We be inserted be so inserted—put; and the will put the question again. Committee divided— Clause 61— AYES, 41—Ardill, Barton, Beattie, Bligh, Braddy, Mr FOLEY: (5.45 p.m.): Madam Chair, I Bredhauer, Briskey, Campbell, Cunningham, D'Arcy, thank you for your courtesy. I will be brief on De Lacy, Dollin, Edmond, Elder, Foley, Fouras, this point, but it is a fundamental issue. This Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, Mackenroth, Milliner, Mulherin, Nunn, Nuttall, clause creates a significant increase in the Palaszczuk, Pearce, Purcell, Roberts, Robertson, penalty for assaults in interference with Rose, Schwarten, Smith, Spence, Sullivan J. H., freedom of trade or work. It changes it from a Welford, Wells. Tellers: Livingstone, Sullivan T. B. simple offence attracting a penalty of three NOES, 40—Baumann, Beanland, Connor, Cooper, months to a crime with a maximum penalty of Davidson, Elliott, FitzGerald, Gamin, Gilmore, five years. That is a very dramatic increase. Goss J. N., Grice, Harper, Healy, Hegarty, Hobbs, The Opposition has checked with the trade Horan, Johnson, Laming, Lester, Lingard, Littleproud, union movement to see whether there has McCauley, Malone, Perrett, Quinn, Radke, Rowell, been any consultation. I am told that there Santoro, Slack, Stephan, Stoneman, Tanti, Turner, has been no consultation with the trade union Veivers, Warwick, Watson, Wilson, Woolmer. movement. It would appear that this is simply Tellers: Springborg, Carroll an attempt by the Government to use the 738 Performance of Premier and Treasurer 20 Mar 1997 criminal law in circumstances where it is grossly switching stations and the powerhouses. The out of proportion. Premier was not game to attack them, but he No evidence has been placed before the did attack the ordinary workers protecting the Parliament of the need for this spectacular community by reinstating power under adverse increase. It was criticised by the Scrutiny of conditions. Naturally, many of us supported Legislation Committee. It would appear to be those people. To be on a picket line in those nothing more than an attempt at union conditions—— bashing and intimidation. The Opposition in no Progress reported. way condones any assault on any person, but the spectacular increase without good cause is such as to cause the Opposition grave PERFORMANCE OF PREMIER AND concern and require us to oppose it. TREASURER Mr ARDILL: Earlier, I did not raise my Mr BEATTIE (Brisbane Central—Leader microphone, because I expected other of the Opposition) (6 p.m.): I move— members to speak. But I did call out. This is "That this House condemns the fundamental to our liberties in Australia and arrogant disregard of the Premier and his Queensland. This concerns the most Treasurer for the economic wellbeing of fundamental right that people can exercise, Queensland, and in particular young that is, their right to picket. Not only does this Queenslanders, by demonstrating their amendment make it an offence—which it was, sheer bumbling incompetence by— with a penalty of three months—to obstruct (1) refusing to develop economic somebody trying to get through a picket line strategies and policies to deal with but also this amendment makes it a crime. the worst unemployment in mainland Many honourable members have been in that Australia, a retail sales slump and sort of situation and would be excluded from faltering recovery in the building becoming members of Parliament because of sector; this fundamental provision. I do not believe that this is one of the Attorney-General's (2) failing to present an economic foolish mistakes; I believe it is intentional. blueprint which can give the State investment community confidence in This is a continuation of the disgraceful the future economic management of industrial laws that were passed in January the State; and a continuation of the attack on workers in this State and upon the freedom of people in (3) driving mining investment away from this State. This was exemplified by the the State, as demonstrated by a Workers Compensation Bill which was dealt 36% drop in quarterly mineral with at the end of the last calendar year. This exploration, through is a continuing attack on the work force and confrontationalist policies on native ordinary citizens of Queensland. It is most title issues; important that this provision not be passed by (4) failing to stand up to the the Parliament. No country which refuses to Commonwealth to win appropriate acknowledge the legitimacy of unions is a free funding for State services; country. No State which refuses to allow (5) conducting Government as a series people to demonstrate their objection to of reviews, freezes and overturned particular behaviour in the community is a free decisions; and State and a part of the free world, and nobody can claim otherwise. (6) their repeated inability to spend their capital works budget." Honourable members would remember the disgraceful SEQEB dispute, when people The Liberal/National Government has joined the picket lines to support the innocent started this year exactly as it started last year: victims of the spleen of the Premier of the day, disastrously. How could it do anything else? who attacked workers. To my knowledge, We all know that the Government was not up when they were employed by the Brisbane to it last year. The Premier has admitted as City Council, they had been the best workers much, but he has also been too weak to make in the State. They looked after the interests of any changes to his team of misfits, so we the community in rain, storms and all sorts of have exactly the same recipe as before. The conditions so that their power would be Government was not up to it last year and it is connected when it failed. They were the not up to it this year, either. people who were attacked, not the ones who Premier Borbidge and Treasurer Sheldon actually cut off the power—the operators in the have instituted a system whereby we start 20 Mar 1997 Performance of Premier and Treasurer 739 each year with a freeze. Last year, Treasurer were six months ago, and the trend growth in Sheldon inflicted a freeze on construction work retail sales has been negative for each of the worth $400m to the private sector, which had past six months. such a disastrous effect on unemployment While there have been some signs of figures. This year, we have suffered Premier growth in the housing sector, Queensland is Borbidge's two-month freeze on leasehold only just emerging from a very deep trough in transactions, particularly in the mining industry. activity. Yesterday the Treasurer looked at It has had disastrous consequences for miners dwelling commencements and was crowing and many other people. It has severely about a 10% increase in the December damaged Queensland's investment reputation quarter. She did not mention the fall of 9% in around Australia and around the world. It has the previous quarter. In trend terms, dwelling been transparently unnecessary, because in commencements in Queensland are flat and every other State Governments have found a have yet to reach the levels of activity way of keeping business going. recorded in the September quarter of 1995. Last year, the freeze meant that the Since the beginning of the financial year, capital works allocation was not spent, and motor vehicle registrations in Queensland $400m had to be carried over into this year. have dropped by 4.5% in trend terms, while This financial year, spending on capital works national registrations have increased by 0.6% was more than $330m adrift by December and all the other States had either stable or 1996. Last year, in February and March, we increasing numbers of new vehicles registered. had Treasurer Sheldon telling us the figures proved that Queensland was on the up and Queensland is in danger of replacing New up. The only thing on the up and up was South Wales as the State with the highest unemployment. This year, like a cracked number of bankruptcies in the nation. In 1996, record, she is giving us the same message. Queensland recorded 4,484 bankruptcies. The only advances that have taken place this That is 22.5% of the national total when we year have been due to the sensible policies of have only 18.5% of the population. The 1,105 the Labor Government. bankruptcies recorded in the December quarter represented a 30% increase on the We look at figures and see that level recorded 12 months earlier. Queensland has the worst unemployment Last year, we released failed attempts by figures in mainland Australia. We look at figures which show that there are now 5,200 the Government to develop an economic fewer full-time jobs than when Mrs Sheldon strategy. This year, they still have not been became Treasurer. That is her legacy to able to work out where they are going, and we Queensland. She looks at the figures and tells released yet another failed attempt by the us that Queensland is doing well. The Premier Premier and Treasurer to draw up an has learnt the same trick. We look at official economic blueprint. I say to the Government statistics from the Australian Bureau of tonight: where is its economic blueprint which Statistics to see that there was a 36% drop in would give leadership to the investment expenditure on mining exploration in the community to invest in this State? Where is it? September quarter last year. He looks at a It has not been released publicly. If the feature article in a magazine and talks of a Government cannot release its blueprint boom. Who are the people of Queensland publicly, how does it encourage investment going to believe: the Premier or the ABS from overseas and interstate? figures? They will believe the ABS figures, not In terms of Queensland's position, the "Bungling Borbidge". situation is this: Queensland used to be the leading State. Under Labor, Queensland was The Treasurer must be in a desperate the leading State. Its crown has slipped under situation to rely on the forecasts of economists the coalition, and under my Government we to help her out. Who in their right mind would will restore Queensland to being the leading believe that the economy is going to grow by State again. In its first year, the Government 5.4% this financial year? Growth in the first announced 150 reviews and inquiries. Mr quarter has been estimated at 0.8%, so to Borbidge himself said that 55 was too many achieve an annual growth rate of 5.4% the and that the Government should stop State would need to grow by 1.5% in each of reviewing and get on with governing. But that the three remaining quarters of this financial was in 1990 when he was in Opposition. This year. year, the reviews go on, with the The trend in retail sales over the last six Connolly/Ryan inquiry set to outrun Blue Hills. I months has been the worst in the country. call on Mr Connolly tonight, since the Monthly retail sales are 2.5% lower than they Government is incapable of doing it, since the 740 Performance of Premier and Treasurer 20 Mar 1997

Attorney-General and Premier are incapable of As Labor Leader, I have just spent four doing it, to spend part of his three weeks' days in Papua New Guinea knocking on doors holiday from the inquiry in telling the long- to say that we want a gas pipeline from that suffering Queensland taxpayer how much country's gas fields to supply us with cheap, longer his commission will sit, how much it will clean fuel to fire new industries all the way cost altogether, and whether it will exceed the from Weipa to Gladstone, creating up to 2,300 $12m that I have predicted it will cost. new jobs. We went to New Guinea to make certain they understood that there was a With 150 reviews announced in its first bipartisan approach to that gas pipeline and year, the Government is finding it hard to that we wanted economic development and remember what has been reviewed and what growth in Queensland. has not. On 16 April last year the Premier announced that the prostitution laws should It is the Labor Opposition which has the have been reviewed much earlier and the answers, and we have the policies, and I have Government would soon review them. On 24 produced three of them tonight in relation to January this year the Police Minister forgot this complex and difficult issues. We condemn the long-running review when he announced that Government for its failure to come up with the the prostitution laws needed reviewing and the answers, its failure to appoint an Employment Government would now review them. Does Minister and its failure to develop policies to this all sound like Groundhog Day in improve the economic wellbeing of Queensland? Groundhog Day was the film in Queenslanders and create jobs for our young which a character was doomed to relive the Queenslanders, more than one in three of events of a day again and again and again, whom are without jobs. We condemn the and that is what is happening under this Premier for slashing funding to crucial services Government. At least the movie was a while claiming $400,000 from taxpayers to pay comedy! his legal bill from the Carruthers inquiry. By the time we add on the bills from Ministers What we have with this Government is a Cooper, Sheldon and Santoro, we could be tragedy. Queenslanders expect strong looking at a bill of $1.5m. I challenge the leadership, positive policies and an urgent Attorney-General tonight to confirm whether quest for solutions to the State's problems. the Premier and those other three Ministers That is exactly what the Opposition is doing. It have put in applications for payment for their was Labor which drew up a six-point plan to legal expenses and to indicate whether those deal with the Wik land impasse and passed it have been approved. on to the Prime Minister while the Premier was This Government is falling down on the busy putting Queensland in the freezer. I table job. What do we have? We have a Premier that plan, together with the Prime Minister's who is better at theatrics than developing reply. We came up with a positive solution, policies, a Premier who talks tough but delivers and all the Premier could do was come in here little, a Premier who cannot find solutions, who earlier in the week and attack it. He is simply is incapable of working through in a being negative. It was Labor which drew up a consensual, constructive, positive way to solve Community Jobs Plan as part of a wide- the major problem facing this State. My ranging strategy to create new jobs in motion tonight is to condemn this Government Queensland, while the Government still has no for simply not being up to the task. When it is plan and does not even have an Employment not demonstrating its incompetence, it is Minister. demonstrating that it is turning back the clock. I table for the information of the House This Government does not deserve to govern and all of Queensland our $200m Community Queensland. Jobs Plan so that Queenslanders know that Time expired. we have a policy for young Queenslanders for Hon. ELDER (Capalaba—Deputy the future. It was Labor which looked at the Leader of the Opposition) (6.10 p.m.): I rise to way the coalition Government was turning second the motion. The Treasurer has been back the clock to the bad old days which making much of economic forecasts and existed before the Fitzgerald clean-up and surveys of business expectations that provide drew up a plan for a return to honest some signs that things might improve. While it government. I table that discussion paper, is pleasing to see that many businesses hope titled "A return to honest government in that things will improve, these forecasts may Queensland—a discussion paper outline", as surely be a reflection that the business further evidence of another positive policy environment could not get much worse. In initiative from Labor. other words, it has hit rock bottom. The 20 Mar 1997 Performance of Premier and Treasurer 741

Treasurer is simply engaging in crystal ball culture, those Governments have cut back on economics—navel gazing. The Treasurer is a range of export programs right across-the- choosing to ignore the many statistical board. That has had a direct impact on the indicators showing that the economy is not performance of those companies. If one looks travelling well and is instead, as I said, gazing at the figures one sees that manufacturing into that crystal ball, hoping to find some signs export performance is falling away in this that things will be better for her in the future. State. Total merchandise exports from We have not been talking the economy Queensland have fallen by 1% since 1996. down, nor have we been out to get the Manufacturing exports in fact are down 7.2%. Treasurer. We have simply been repeating The conservative Governments have taken what we have been told by businesses around their eye of the ball. The national trend in Queensland—the business community out particular in relation to the Federal there in the streets. The State economy is flat. Government's withdrawal from those programs While there are some positive signs, the is also negative. The manufacturing sector has economy is not likely to come storming back been a significant source of our export growth into growth for at least another year. People over the last few years. and businesses are very insecure and they I would also like to comment on the want something positive to be done. All we Premier's speech this morning when he have been asking of the Treasurer is to just quoted verbatim from the BRW article. It was get on with her job. stirring stuff. As he was pointing out, Small business out there is doing it tough. Queensland was on the move; things are One only has to look at the surveys—she likes happening in the State. All he was saying is talking about surveys—such as the Yellow that this was because of the actions of the Pages index and the CPA accountancy health Borbidge Government. What the Premier indexes. All of those major indexes show that always does is not quote the full document. small businesses are doing it tough in Mr Beattie: He never does. Queensland, as they are around the nation. Mr ELDER: He has a history of not The coalition portrays itself as a party for small quoting the full document. business but, at the end of the day, it fails to deliver. The survey of the National Federation He said with some fanfare, "We have of Independent Businesses found that 80% of launched the gas pipeline to Mount Isa, small businesses have condemned the mining projects around Cloncurry and Mount conservative State and Federal Governments' Isa, and the Korea Zinc refinery in Townsville." failure to address their problems. As I said, the They were all projects which were initiated Yellow Pages survey reflected a similar figure. under a Labor Government. The new One only has to look at that survey to see that magnesium metal industry for Gladstone that businesses in Brisbane reported that they he announced under the title of "Queensland were 3% worse off than they were 12 months is Back in Business" resulted from research ago. projects funded under a Labor Government. There are businesses out there saying At the end of the day it is true that the the economy is flat; there are others saying only fresh thing we see is the Surat Basin, but things are not getting any better; and there businesses are also saying now that they are others saying that things are worse than believe it is only rhetoric coming from the they were. All these views are coming from Government and that, at the end of the day, those statistics. Small business is the engine the Government's commitment to that is very room of employment growth in this country, thin. The BRW article said of the and particularly here in Queensland. The Government— Government has to actually get out there and ". . . so far the business sector has been give them some hope instead of what it has publicly restrained in its enthusiasm for done to date, which is to let them down. the Government's Surat initiative." One of the great achievements of the That is in relation to Surat. In relation to the Labor Government was the fact that we were economy generally and the Government—and transforming our economy and improving our the Premier did not quote this—it went on to exports. Under Labor, exports—particularly say— manufacturing exports—were averaging "There was an early symbol of a around 13% growth each year. But the State robust economic direction . . . but the and Federal coalition Governments have image has faded behind endless taken their eye off the ball in relation to this. In squabbling with the CJC and more other words, instead of expanding an export recently behind the political foot-stamping 742 Performance of Premier and Treasurer 20 Mar 1997

over native title land and the role of the Members opposite should ask businesses High Court."X about it. They should get out there and get The Government is failing small business. the feedback from businesses. Even the SEQ 2001 document did not have an Hon. D. J. SLACK (Burnett—Minister economic component. If one takes those for Economic Development and Trade and issues one by one—and there are many Minister Assisting the Premier) (6.15 p.m.): We more—one will find that we have addressed have had in this Parliament in the last few them all: water, infrastructure, power—we have days many, many ministerial statements from made power supplies cheaper. this side of the House indicating exactly where we are going with the economy and what this As members opposite know, statistically Government is doing. Those statements have Queensland is doing better than other States been supported by not only journalists who in terms of job creation, bearing in mind that have been following the economic trend of this we will get an estimated net gain this year of State but also by independent economic 32,000 migrants from interstate. The analysis such as by Access Economics, which economic statement of strategy that the has made the predictions and the forecasts Leader of the Opposition complained so much that the Treasurer and the Premier have about is part of the budgetary process. The outlined to the State. Those forecasts have all Opposition Leader should remember been positive. Queensland—Leading State, the document that Labor produced and that is now gathering If one takes this motion currently before dust. How long after Labor came to office was the House in light of what is being said about it produced? Over two years—April 1992 it was Queensland and the performance that delivered! So members opposite should not Queensland has been able to achieve, one be hypocrites and point the finger at us. We sees that this motion is nothing but a joke. It is circulated that statement, as they well know. laughable when members of the Opposition, Investment and confidence in the State and the Opposition Leader in particular, can be measured in terms of DHL transferring espouse these types of policies and the here from Sydney, Western Mining and the achievements of Labor. It had six years in this expressions of interest over the Surat Basin. House and at the end of that time more than Over 20 major companies and conglomerates 53% of Queenslanders voted against it and put in expressions of interest. What is put it into Opposition. Much of the reason for happening with Comalco? It shifted here from that was the state of the economy. There is no Melbourne. Members opposite should always question about that because, like the Opposition Leader, I have been going around remember that, when talking of talking to the business houses. There was no Commonwealth funding, we had to help confidence and low morale. Why was that? It address the $10 billion deficit from the was because it saw over-regulation, licence Commonwealth. fees increasing, imposts on business Confidence in this Government's planning increasing and high interest rates brought and implementation process is demonstrated about, incidentally, by its Federal colleagues by the record number of projects and Surat with a $10 billion deficit that the incoming Basin responses. In relation to capital works Federal Government had to address. Between spending—we allocated $4 billion for capital the last State election and the Mundingburra works for 1996-97, representing an increase of election, it has been said to me time and time 24.6% on the actual spending in the first year again that for that six years absolutely nothing of the Labor Government. Irrespective of happened in this State whatsoever. It was said whatever members opposite may say, in to me by a leading business person in this relation to infrastructure spending on State, "What did we have under Labor? development projects in this State they cannot Paralysis by analysis." argue that more will be spent by us in this current year than was spent when the Labor Let us go through point by point what Party was in Government. happened under Labor: our power industry lost its competitive edge; nothing had been Time expired. planned or spent on water conservation; the Hon. D. J. HAMILL (Ipswich) industrial relations legislation belonged to the (6.21 p.m.): I have often commented on how beginning of the century and was not relevant the Premier and the Treasurer in this State to the modern commercial global marketplace; deal in rhetoric rather than reality. I thought the Workers Compensation Fund was that the Minister for Economic Development actuarially and actually $300m or $400m in and Trade, who really does not have much to the red with premiums going through the roof. do within his portfolio, may have had enough 20 Mar 1997 Performance of Premier and Treasurer 743 time on his hands during those international with the public. But it is all laid out before us in flights to have a look at the actual data about the most recent edition of the Queensland the Queensland economy. But alas, that is not Economic Update. In relation to retail trade, it so. Obviously the Minister cares more about states— the travelogues and itinerary regarding the places he is going to visit than the mess that "Retail turnover declined sharply in he and his Government are leaving behind in December continuing the trend of the last the State of Queensland. five months." I said that the Treasurer and the Premier It states also— deal in rhetoric rather than reality. If members "The fall of 1.0% (trend) in turnover . look at their track record over the past 12 . . was the largest monthly decline in over months they will see how that really is so. ten years with household goods and When they came to office, the Premier and recreational goods recording the largest the Treasurer were running around the place saying that they had a Budget crisis on their declines." hands. At that time the Labor Opposition said, In fact, on the graph that is shown in this "For goodness' sake, get on with the job. All official Treasury document, the figures are you are doing is talking down Queensland. No- almost out of the frame because they have one believes you. The figures demonstrate dropped so low. quite clearly that there is no basis upon which you can make that sort of assertion." We What about dwelling approvals? We have warned them that it would slow growth and heard how things must be booming in the push up unemployment to undermine housing sector. It is off the bottom of the business confidence in that way, but they took trough, but only by a tiny bit. An amount of no notice. They were on again about the 10% off not very much amounts to not very rhetoric, forgetting about the reality. Then they much at all. That is the problem with the got onto the subject of the May statement, housing and dwelling situation in Queensland. which did not occur. Then they got onto the Even this Treasury document refers to "a Budget. Of course, members would be aware moderate recovery" and states— that this Government broke its promises to the Queensland people in that Budget. "Dwelling approvals declined 0.2% (trend) in December . . ." Now we have the Minister for Economic Development and Trade, the Treasurer today What about the labour market? Doug and the Premier yesterday trying to make us McTaggart, the hand-picked Under Treasurer, believe that Queensland is now booming. All the economic guru who was brought in by this the soothsayers are being pulled out—the tea- Government, got out there and told the truth: leaf readers, the tarot card readers and all no prospect of a reduction in unemployment those smoke and mirror merchants. They are under this Government. We know that, under the bases of the claims that Queensland is this coalition Government, the level of doing well. But the people whom those unemployment is higher now than it was 12 members will not quote are their own expert months ago. In fact, it got into double digit advisers—the Doug McTaggarts of this world, figures the month before last. Queensland is who let the cat out of the bag recently when an economic disaster area when it comes to he said that there was no prospect of jobs. unemployment being reduced in Queensland over the next 12 months. In relation to employment growth, I table and seek to have incorporated in Hansard the Another thing that they do not highlight is Treasury figures showing how employment official Treasury publications. We are getting growth is sagging at the same rate as the the abridged version of economic data in Government's standing in the opinion polls. Queensland, because there are some things that this Government does not want to share Leave granted. 744 Performance of Premier and Treasurer 20 Mar 1997

Mr HAMILL: We want to deal in facts about some of the facts that have been and not fantasy. We have a Government that supposedly put forward by the Opposition. It is is totally dismissive of reality. We have a interesting to note that the Leader of the Government that says one thing and does the Opposition talked about what was going on other. We have a Government that economically in the State at the moment. abandoned capital works when it came to What I listened to was a history lesson. power, and unemployment went up. We have Members were being quoted ABS statistics a Government that froze capital works, and from September 1996. We have been unemployment went up. We have a listening to the shadow Treasurer quoting Government that broke its promises on tax in statistics as at the end of December last year. the Budget, and unemployment went up. Everyone knows that all of those statistics When unemployment continued to go through represent what happened in the past. They represent the history of what went on in the the roof, and the Premier went around warning economy, not what the current position is or his Ministers to spend on capital works, what what the expectations are for the future. When did we find? At the end of December the one talks about economic planning and what capital works budget was underspent to the the coalition or anyone else is going to do, order of $330m. Ministers such as the Minister one has to look at what is happening now and for Education, the Minister for Health, the what the expectations are for the future. Minister for Police and the Minister for Public Works and Housing are the culprits. They have An Opposition member interjected. been undermining Queensland. They are a Dr WATSON: They are the latest disaster. figures. All of this reflects what happened under Labor. Let us look at some statistics. Time expired. The Labor Party was in Government for the Dr WATSON (Moggill) (6.26 p.m.): It last eight months of 1995-96, so it dominated gives me pleasure to rise in this debate to talk the economic framework for that year. 20 Mar 1997 Performance of Premier and Treasurer 745

According to the Access Economics AEM An Opposition member: But we have Model State Forecasts—— gone up more. Mr Beattie interjected. Dr WATSON: No, it is exactly the same. Dr WATSON: It is important to establish the base and look at it. However, if we consider the predictions for 1997-98 and 1998-99, after coalition policies Mr Elder: You don't quote ABS. You're have had an impact, we see that rate falling. It always quoting Access Economics. is predicted to fall to 8.8% and 7.5% Dr WATSON: I listened to the member respectively. It is predicted that, in a couple of for Cairns quoting Access Economics years, Queensland's unemployment rate will favourably year after year when he was the be better than that of the rest of Australia. Treasurer. But Opposition members do not One cannot look at the current situation, or want to listen to it now because it goes against look to the historical situation as the what they want to hear. honourable member was doing. They are a In 1995-96, in relation to Gross State result of Labor's policies. Labor caused Product, in nominal terms Queensland Queensland to fall lower than the rest of experienced 5.7% growth. The national Australia economically. It is only since we have average was 6.9%. We were under the come to Government that the economy is national average. In real terms, the figure was turning around and the predictions are better. 3.3% for Queensland, whereas the national Time expired. average was 3.9%. In relation to employment, the figure was 3%, and the national average Hon. R. J. GIBBS (Bundamba) was 2.9%. Yes, I admit that Queensland was (6.31 p.m.): It was with some mirth this marginally ahead. The unemployment rate morning that we heard the Treasurer rise in was 9.1% in Queensland when the national this Parliament and talk about the economic average was 8.5%, putting Queensland 0.6% performance of this State, particularly in ahead. Those figures are for 1995-96—the relation to building that was taking place in last year in which the Labor Party was in Queensland. On behalf of the Government Government. They are the result of the she tried to project a positive image. However, policies that the former Government adopted. when I saw the Tourism Minister sitting in the In 1996-97, which is starting to reflect the House, I thought about what a pathetic effort economic management of the coalition this Government is making. On the one hand Government—and we are going to see it grow we have the Treasurer trying to project a in 1997-98 and 1998-99—what is happening? positive image of Queensland. On the other Nominal gross State product is predicted to be hand, at a time when the tourism industry in 6% in Queensland and 5.3% nationwide. In this State is sliding backwards, we have a 1997-98, it is predicted to be 7.4% in Tourism Minister who says nothing in this Queensland and 6.3% nationwide. So Parliament, except for some ministerial Queensland is above that figure. In 1998-99, statements that are made on rare occasions. the prediction is 9.8% for Queensland and 8% The facts are that since Labor left office across Australia. So we are ahead there. The this State has had a major problem in same applies to predictions to the year 2000. maintaining its share of the Australian tourism One can do exactly the same exercise in real market. I have pulled out some figures in terms. It does not matter whether one is relation to the Japanese market. I will tell looking at it in nominal or real terms, exactly honourable members what was recently stated the same result follows. Members opposite about the Queensland tourism industry—one want to quote—— of our greatest industries—in the Australian Mr Elder: You want to quote the Financial Review— member for Broadwater—a liar! "Queensland, the tourism State, has Dr WATSON: Opposition members been less popular than expected and want to quote what was going on. They are demand for hotels and motels will quoting history and the results of Labor probably not improve significantly this policies. I am talking about the expectations of year . . ." the impact of current policies. Let us look at the issue of unemployment. What the That is the finding of the Queensland Hotel honourable member has quoted is history. Business Confidence survey conducted by Yes, the unemployment rate has risen, but so Horwath Asia Pacific. That is not a company has the rate nationally. In 1996-97, the that has been noted for its support of the national rate increased by 0.2%. Labor movement. The article continues— 746 Performance of Premier and Treasurer 20 Mar 1997

". . . reflects the difficult conditions interest in the event itself. In fact, I am reliably experienced by hoteliers in Cairns, the informed by the Queensland tourism industry Gold Coast and the Whitsunday Islands. that the only reason he shaved off his beard is Much of the decline has been that, when he greeted a group of Japanese blamed on the slowdown in the growth tourists in Cairns recently, they sprinted with rate of tourists from Japan, who have alarm because they thought that he was a been lured by cheap airline deals to other baboon greeting them at the airport. countries such as Hawaii." Time expired. I am aware that recently Qantas made some Mr HARPER (Mount Ommaney) significant announcements in relation to (6.36 p.m.): In common with the previous plugging up some of the holes. The Minister speakers from this side of the House, I find it a was not even able to successfully jump on the pleasure to rise and speak against this bandwagon, because the people who run ridiculous motion moved by the Opposition. Qantas are people of integrity and they know Once again, members opposite are peddling that those loopholes were filled as a result of lines that are highly inaccurate. Perhaps they the representations that we made to Qantas are taking the approach that, if they repeat when we were in Government to ensure that them often enough, some people might start those new air routes to Queensland were to believe them. As the Minister said, they opened and that we had full access to the have ignored the fact that, day after day, Japanese market. Ministers stand in this place and point out what is happening in Queensland. Of course However, the story gets worse. Mr Greg one realises that they do not want to listen to Lund, a former diplomat to Japan and director that, and they do not want Queenslanders to of Japan Access Corporation, said— listen to that, because that makes their ". . . a growing number of sophisticated position look very grim. It will be a pleasure to Japanese tourists wanted distinctively set some of those facts straight tonight. Australian, non-beach experiences." I will start by considering the actions of How long will the Minister continue to project the Premier and the Treasurer in relation to the image of Queensland as a sun, sand and young people, to whom the Opposition surf destination? The reality is that our image referred in the motion. The Government and overseas has become much more its leaders have particularly high regard for and sophisticated and much more in demand than are concerned about young people. A thrust before. through all of our policies is to ensure that young people are taken into account in any Not only is our share of the Japanese measures that we take. In that regard, one market declining rapidly but also are growth need only to consider the progressive rates for other major markets. There was some measures from the Education Minister to growth in the New Zealand market over the improve our education system to ensure that past two years, but the expectations of that young people obtain a much better, more market have fallen away. That has been as a practical education so that when they are direct result of the non-action of this eligible to enter the work force they will be Government and the non-action of the better equipped to do so. Minister for Tourism. He has been content to sit back and play a non-role. In other words, If we consider the actions of the Minister within the industry he has become known as a for Training, we will see the stepping up of the simple figurehead. He has no knowledge of TAFE program and an increase in places. That is designed to help young people. The the portfolio. He is not hands-on with the Workplace Relations Bill was designed to Queensland Tourist and Travel Corporation. ensure better employment opportunities, If one needed an example of his absolute particularly in small business. Despite what the ignorance and lack of knowledge of his speaker who preceded me said, many of the portfolio responsibilities one should consider thrusts of the Minister for Small Business in what took place in this Parliament yesterday. improving and developing the position of small When he was asked a very simple question in business will help young people, because that relation to financial sponsorship of this year's is a sector in which young people can be Indy race, he could not answer it. Why? He employed. For members opposite to talk has sat back and let his board run the event about the Government not thinking about and handle the day-to-day running. All he young people is total hypocrisy. They are wants to do is swan around and enjoy the trying to cover up their own poor record of the event in two weeks. He has taken no personal previous six and a half years. 20 Mar 1997 Performance of Premier and Treasurer 747

The Labor assertion that the Premier and the remainder of the financial year. Yet our the Treasurer failed to stand up to the friends opposite ignore that. Commonwealth to win appropriate funding for Earlier this week, the Premier and Deputy State services has a very hollow ring. Of Premier said that the Cabinet Budget course, we are used to hearing hollow rhetoric Committee had met and identified $56m in from the other side of the House. As all capital funds which might not be spent this Queenslanders know, both the Premier and year. The committee now has instituted a the Treasurer have been forceful advocates crash maintenance program to ensure that the for minimising funding cuts to the State State delivers the $56m worth of jobs and imposed in 1996-97 as part of the cash into the economy in the final three Commonwealth's move to plug up the black months of the financial year. hole in the Federal Budget. By whom was that hole left? It was none other than former Prime Hon. T. McGRADY (Mount Isa) Minister Paul Keating. At the 1996 Premiers (6.41 p.m.): On this side of the Chamber there Conference, it was determined that all States is a great sense of pride in this State. It hurts and Territories would make fiscal contributions us to see what is happening to Queensland's to the Commonwealth of $1.2 billion over the economy, and it hurts me more to see what is next three years up to 1998-99. All the States happening to the mining industry. It hurts me determined that this contribution was the to see the 10-week freeze, which almost lesser of two evils, as the Commonwealth had brought this State to its knees, simply to allow originally proposed the extension of its the Premier to score some cheap political mileage. It hurts us when we talk to the wholesale sales tax to State Government business community and they tell us that this operations, which would have been more Government simply does not know what is detrimental both in the short and long term to happening. the State's finances, so we took the correct steps in that case. This Premier cannot hide from the fact that the mining industry has been less than Other States, including the Labor State of impressed by his Government's performance. New South Wales, were unable to avoid those The Premier cannot hide from the fact that cuts, which, I might add, were largely imposed business in general has not been impressed because of Paul Keating and his spendthrift by either his personal performance or the policies. The members opposite seem to have performance of his Government. The conveniently forgotten that. It does not take Premier's posing and posturing has created them long to forget. The irony of this motion is alarm for people in the mining sector because that Labor knew that, when it brought on this it has jeopardised the good relations that they motion, both the Premier and the Treasurer are trying to develop with the Aboriginal would be in Canberra at the Premiers communities around this State. With this Conference fighting tooth and nail for funding unnecessary freeze, this Premier has created for Queensland. his own unique model of sovereign risk What a move by the members opposite! whereby companies are being stopped from applying the law of the land. What a move by the Opposition Leader: to bring on such a motion against two people Sure, at the moment mining investment when he knew they would not be here! What and employment growth is happening, but it is does that say about our Opposition Leader? I not because of the actions or the policies of will leave the public to judge that. Equally this Government; it is happening because of baseless is the continuous misinformation decisions which were made many years ago campaign by the Labor Opposition about the by the former Government. The future freeze on capital works instituted by the investment in mining in the State of coalition. Labor keeps getting it wrong. In fact, Queensland is looking increasingly uncertain. just yesterday the Premier and the Deputy The latest statistics on mineral exploration Premier announced that they had taken show that expenditure in Queensland dropped further action to ensure that the 1996-97 by 36% in the last quarter when exploration in Capital Works Program would be far and away the rest of the country grew by 11%. In the biggest in the State's history, nudging $4 Western Australia, which is one of our major billion. In the September Budget, the coalition competitors and another mining State, announced this significant boost to the overall exploration grew by as much as 14%. Capital Works Program and that is reflected in The exploration of today becomes the a 24% increase in State capital expenditure in new mines of tomorrow. Without a strong the December 1996 quarter compared with a commitment to exploration, our mining year ago. Further strong growth is expected for industry will simply wither on the vine. We talk 748 Performance of Premier and Treasurer 20 Mar 1997 about leadership, but who do we have at the Mr CARROLL (Mansfield) (6.46 p.m.): helm at Queensland today? A Premier who for The impudent wording of the motion moved almost 12 months refused to talk to the by the Opposition can only earn it leadership of the mining industry in condemnation. Surely, the Opposition Queensland. We have a Minister who simply Leader's penciller can be a bit more civil in his does not understand the industry, and we choice of words. The form of the Opposition's have a director-general who is one of motion is offensive. Worse still, the contents yesterday's men. Members of the mining are untrue and offensive. Apart from the industry are saying that Queensland is a less Opposition's negative and depressive attractive place to invest in than it was a few approach to these issues, Queensland just years ago. They are saying that with their does not need that kind of wet blanket. In my chequebooks not because of any loss of view, the Opposition's approach to these prospectivity—there is no shortage of mineral matters, including the behaviour of the resources yet to be exploited—but because member for Bundamba who made offensive they cannot trust the policies of this personal remarks about the Minister for Government. They do not know which way to Tourism in this House, is not necessary. turn on any particular issue. The Government I would like to turn from the Opposition's threatened the livelihood of many small miners with its freeze on leases, which I mentioned situation, where the lights seem to be out, and look at the Government's positive actions and just a few minutes ago. There is no rhyme or record of quiet success since coming to reason to the Government's economic policy Government just over a year ago. Far from other than "growth is good". Miners want to disregarding the wellbeing of Queenslanders, know how the Government is going to facilitate particularly young people, the National/Liberal that growth. What systems and what coalition Government is working to achieve structures will it put in place to streamline the jobs and economic prosperity for its residents. investment decision process? The Leader of the Opposition claims that the A few moments ago the Leader of the Government lacks a blueprint for economic Opposition referred to Leading State. It was development. His deputy continually deflates only a few short years ago that we had mining business confidence and discourages interests coming to Queensland looking to optimism. They conveniently overlook that it invest. They made regular visits to the State was this Government that took the initiative to because they knew that Queensland was the form an entire stand-alone department to leading State. Just a few short weeks ago, we coordinate and oversee the economic had full-page advertisements in all the development and trade and investment newspapers in this State signed by the prospects of this State. Under its Minister, Treasurer. What was she saying in those Doug Slack, that department has been advertisements? She was taking credit for the successful in attracting major projects to work that the former Labor Government did. Queensland with a record number of more She talked about Korea Zinc in Townsville. than 100 projects on its books. Those projects That was the brainchild of the former Labor represent a capital investment of $14.5 billion Government. She talked about the with the potential to create 18,000 new jobs. Cannington mine, the Osborne mine and the Ernest Henry mine—all part of the I would like to list a couple of those Carpentaria/Mount Isa mineral province and all projects. Firstly, the $73m magnesium pilot planned and designed by the former Labor plant at Gladstone, which hopefully will lead to Government. The Government talks about the a $700m investment by the Ford Corporation Phosphate Hill project—$650m, and and Queensland Metals. That represents conceived by the Labor Government. The 1,000 jobs during the construction phase and Government talks about the pipeline to 400 jobs once the plant is operational. Brisbane and the pipeline to Mount Secondly, there is the $650m Western Mining Isa—again, all conceived by the Labor phosphate project, which should represent Government. about 250 more jobs for Queenslanders. Thirdly, there is the $40m new tablelands This is Labor's legacy to Queensland—a sugar mill. Fourthly, the $500m Stage 1 of the growing mining industry. Over the past 13 Korea Zinc refinery in Townsville. The list goes months, this Government has done nothing at on. all. If time permitted me, I could talk about the energy sector. However, let me say this: the If the Leader of the Opposition had been Minister is running around the State talking listening in this House, he would have heard about the $1.9—— discussion about the Access Economics report Time expired. for the December quarter, which revealed 20 Mar 1997 Performance of Premier and Treasurer 749 these points which I believe are worth noting: where its economic policies have impacted on Queensland leads the nation in the value of the lives of people in rural and regional development projects which are committed Queensland. and was second only to Western Australia in The first point concerns the lack of the total value of all projects. New projects commitment by the National Party were valued at $25.6 billion, which Government to provide adequate funding for represented a 10% increase over the previous the community health centre at Cunnamulla. year. On the other hand, New South Wales In 1994-95 the Goss Government purchased had an 11% decline and Victoria a modest 3% the site and arranged for its clearing for the increase only. new building, due for completion in 1996. Queensland led all other States in the Since then, with the advent of the National development of retail buildings, residential Party Government, the Health Minister has estates, and health and community services been unable to commit adequate funds for facilities. Queensland has 25% of the total the construction of this much-needed facility. number of national property projects. That Last year the Western Sun newspaper figure is just behind New South Wales which raised the issue with the Minister, who has, of course, a far bigger population. announced that the project would go ahead. In terms of tourism, in the year to March However, that was almost a year ago. 1996, almost 1.8 million international tourists Mr Horan: What project? visited Queensland, which was an increase of 10% on the previous year. All of those projects Mr PALASZCZUK: It is an article titled, mean more jobs for Queenslanders and "Dismay with change of direction for wealth and prosperity for this State. All of Community Health Building", dated 26 these projects have been achieved through February 1997. The community centre was the policies and initiatives of the coalition supposed to include the following services: Government. We want to give every family and child health care, aged care, health opportunity for optimistic and hardworking promotion, Aboriginal and Torres Strait managers with initiative to achieve for this Islander health care, alcohol and drug clinics, State. sexual health care, mental health care, youth health care and women's health care. In my electorate of Mansfield, the Because of this year-long delay, the Minister Moreton TAFE College has taken real initiative has denied the people of Cunnamulla jobs in in securing work in Indonesia. In west Irian painting, construction, timberwork and Jaya, for example, the college has secured a concreting. He has given them a year with contract to teach machinery maintenance and absolutely no facilities for the providers of technology. That is quite an impressive step those health services. forward. The college has a well-established record of achieving excellence in the fashion Honourable members, a project of this and hospitality industries, and it is doing the size would have given a shot in the arm to the same in the engineering field as well. Cunnamulla economy, with jobs created during the construction phase and in service Last year we experienced a record trade delivery. This lack of commitment by the year with more than $13.5 billion earned for Minister—— our State's exports, which is up $12.5 billion from last year. I have no doubt that this record Mr Horan: They're getting it wherever of excellence will continue under the they want it. Last year they wanted it in the National/Liberal Government. In terms of trade hospital; then they wanted it in the town. development, the Government has opened Mr PALASZCZUK: The Minister should new Queensland trade and investment offices listen. This morning he was well and truly done in Shanghai and Los Angeles, and a new over by members on this side of the House. office is planned to be opened in Jakarta this He should go to the hospital and check on the year. The Department of Economic cockroaches and stop worrying about what I Development and Trade has arranged and am going on about now. facilitated Queensland business participation The second issue concerns the contempt in world trade fairs. the National Party Government shows to the Mr PALASZCZUK (Inala) (6.51 p.m.): small-business community. Take the case of In rising to support the motion moved by the Steve Mitchell and Trevor McIntyre, the Leader of the Opposition, I intend to proprietors of Fawlty Tours 4WD and concentrate on three key areas where I Whitsunday 4WD Tours. Without their believe the Government has let down the knowledge, the Department of Natural people of rural and regional Queensland and Resources prepared a recreational concept 750 Grievances 20 Mar 1997 plan for Brandy Creek near Airlie Beach and Littleproud, McCauley, Malone, Perrett, Quinn, funded the project. This involved the Radke, Rowell, Santoro, Simpson, Slack, Stephan, construction of a car park, picnic facilities and Tanti, Veivers, Warwick, Watson, Wilson, Woolmer. walking tracks. However, the construction is to Tellers: Springborg, Carroll occur during the months of April, May and Pairs: Sheldon, De Lacy; Borbidge, Bird; June, which is the peak tourist season. McElligott, Mitchell; Stoneman, Smith Therefore, during this period the tour operators Resolved in the negative. will be deprived of their income. In a letter dated 19 March 1997, Mr Mitchell states— "The temporary closure of the road GRIEVANCES during 'construction for up to 8 weeks', Land Valuations during April, May and June (high peak Mr ROBERTS (Nudgee) (7.02 p.m.): I period) will put us both out of business. raise a matter of concern on behalf of my Our current permits won't be worth a constituents at Nudgee Beach. Recent cracker when our biggest selling point valuations by the Department of Natural 'restricted access' is then removed." Resources have resulted in an average 75% What has happened here? In the first instance increase in the unimproved value of their this Government, through the Department of properties. On the face of it, these increases Natural Resources, had no consultation with are unfair and deserve further investigation by the two proprietors and, secondly, showed no the department. In my view, there is a problem consideration for their income-generation by when the valuation system delivers such large organising and arranging the construction of increases in the space of one year, particularly this facility in the peak period. It is about time in small communities where the number of that the Minister for Natural Resources and his property sales is minimal. Areas which have departmental officers in north Queensland met infrequent sales are potentially disadvantaged with the tour operators and arrived at some by the valuation process. In this case, it amicable solution to the problem. appears that a few recent sales after a period of relative stability have given rise to Finally, many people in rural communities extraordinary increases. have contacted me seeking basic information about changes being proposed to home Valuers have a difficult job. Their task is nursing. Some people in the rural communities made more difficult by understaffing, a might be forced to sell their homes; others diminished capacity to conduct on-site whose spouses are already residing in nursing inspections to properly assess the particular homes have received letters telling them of circumstances of the area being examined, percentage increases to the board they are and by inflexible provisions in the Valuation of paying in line with percentage increases due in Land Act. There are only 107 properties at March for aged pensions. Federal members Nudgee Beach. It is a very stable community, from the areas are not helping at all, and with many of the residents being second and neither are their State members. The only third generation residents of the area. It is thing they get from their Federal members is a hard to justify a 75% increase in valuations hotline to Canberra. How can a bureaucrat in given the low turnover of properties and the Canberra associate with the problems unremarkable prices paid for them. Residents experienced by people in rural Queensland? should not have to pay a penalty because of That is impossible. the deficiencies in the valuation process. Time expired. There is something wrong with a system Question—That the motion be agreed that says that, after a proper evaluation to—put, and the House divided— appraisal in 1996, the value of one property at Nudgee Beach is $60,000, yet after that same AYES, 39—Ardill, Barton, Beattie, Bligh, Braddy, process in 1997 the value is set at $110,000. Bredhauer, Briskey, Campbell, D'Arcy, Dollin, Residents have a right to be angry and are Edmond, Elder, Foley, Fouras, Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, McGrady, entitled to a full explanation as to why this has Mackenroth, Milliner, Mulherin, Nunn, Nuttall, occurred. The system is obviously flawed. The Palaszczuk, Pearce, Purcell, Roberts, Robertson, Minister should consider introducing some Rose, Schwarten, Spence, Sullivan J. H., Welford, mechanism to protect residents from Wells. Tellers: Livingstone, Sullivan T. B. excessive increases which arise from factors NOES, 40—Baumann, Beanland, Connor, Cooper, beyond their control. I call on him to initiate an Cunningham, Davidson, Elliott, FitzGerald, Gamin, investigation into this matter to ensure that Gilmore, Goss J. N., Grice, Harper, Healy, Hegarty, small communities such as Nudgee Beach are Hobbs, Horan, Johnson, Laming, Lester, Lingard, not disadvantaged in the valuation process. 20 Mar 1997 Grievances 751

Yacht Rescue, Cyclone Justin communities, and in particular for isolated Mr MITCHELL (Charters Towers) schools. Geographically speaking, the Bajool (7.04 p.m.): Tonight, I rise to congratulate the and Marmor Schools are located respectively members of the Townsville-based Department 30 and 40 kilometres south of Rockhampton. of Emergency Services rescue helicopter who However, in terms of their proximity to successfully completed the rescue of two Gladstone, Marmor lies 65 kilometres and persons from a yacht more than 300 Bajool 75 kilometres north of Gladstone. kilometres out to sea during cyclonic weather The families of Bajool and Marmor and conditions. The helicopter and crew had just surrounding districts utilise Rockhampton as returned from Mount Isa, where it had been their base for services, which is a conducting disaster support work in response commonsense approach given their nearness to major flooding in the area, when a search to Rockhampton and the services available in and rescue task was assigned to the that city. The two schools are involved in helicopter at 4.35 p.m. on Sunday, 9 March. sporting events and other activities with small There is no doubt that the logistics of the schools in the Rockhampton district. And there rescue were staggering. Flying some 310 are never any problems with transport, kilometres into the teeth of a cyclone, with 60- because parents take advantage of knot winds—100 km/h—10 to 15 metre-plus interschool activities by using that time to seas and visibility of less than 100 metres to access services and shops while in find a small yacht in fading light with the Rockhampton. helicopter at the end of its range and running Parents have expressed their concerns to low on fuel. To undertake a mission of this me as follows: great distance, the helicopter had to be fitted parents will be less willing to transport with extended long-range fuel tanks. As the children to Gladstone for sporting and crew of the yacht had activated an emergency cultural events; position indicating radio beacon, the helicopter crew were greatly assisted in finding the all students from the two schools continue stricken vessel with the use of directional their secondary education in positioning equipment on the helicopter. Rockhampton—the parents want a relationship to develop; On locating the yacht, it was discovered that the people could not be winched directly students from the two schools will have to off the yacht, as it was pitching too much in travel further for sporting and cultural the dangerous seas and the positioning of the events; and masts would also have made it too all cluster activities and support personnel dangerous. The people on the yacht were are currently located in Rockhampton. required to lower a rubber dinghy over the side The new structure fails in this case to deliver of the yacht and move into it themselves. The the best outcomes for these schools, and I call helicopter then moved into a hover at mast on the Minister for Education and his director- height to ensure that the winch operation was general to put the interests of children and kept at a minimum. It was at this stage that rural families ahead of their egos and allow the the down-the-wire crewman was lowered into Bajool and Marmor State Schools to continue the turbulent ocean to reach the two yachties. their ties with Rockhampton by remaining in The crewman then made two trips up the wire the Rockhampton education district. The with the couple to ensure they made it safely Minister should give country people a fair go. into the helicopter. There is no question that He should stop the stupidity and leave these the whole crew are heroes, because without two schools alone to carry on as they have this rescue the chance of the couple surviving done in the past. in those conditions was remote. Time expired. Coalition Government Achievements Mr TANTI (Mundingburra) (7.08 p.m.): Bajool and Marmor State Schools Earlier, we heard from the Labor knockers Mr PEARCE (Fitzroy) (7.06 p.m.): The opposite. I wish to continue outlining the decision by the Education Minister and his achievements of the coalition Government. director-general to force the Bajool and We brought forward an increase in the payroll Marmor State Schools into the Gladstone tax threshold. We implemented the first phase district, one of the newly created education of a reduction in land tax. I cite the State gas districts, demonstrates the lack of pipeline sale to Pacific Gas for $162m. We understanding these two people have for rural entered into an agreement to build a $52m 752 Grievances 20 Mar 1997 water pipeline to supply the Ernest Henry mine Opposition spokesman—that no hospital will near Mount Isa. We moved to the three-year ever receive what it considers to be sufficient averaging of land values for land tax funds. But let us have a look at the facts of assessment, saving land tax payers an the commissioning of the Caboolture Hospital. estimated $13m per annum. Firstly, there was some slowness in We established the Office of Women's commissioning. The hospital was opened after Affairs and the Women's Council for Rural and more than one quarter of the first year had Regional Communities. We launched the expired. Secondly, anticipated occupancy was Office of Women's Affairs Internet web site not achieved earlier, and there was a reason and commissioned the Queensland Survey of for that. There was a difficulty in obtaining a Women. We commenced a review of fully staffed anaesthesia department. Government fees, charges, licences, Therefore, in the earliest days of the hospital registrations and regulations with a view to there was no surgery and there was no reducing the impost on business. We obstetrics. Thirdly, money above base abolished business registration fees at a cost allocation funding was spent to obtain of $9m per annum. We progressed the move specialist obstetric services from a private to accrual accounting by publishing parallel Sydney firm. Mr Speaker, no-one was turned accrual budget aggregate figures. We gave away from the hospital, and I can tell you that $4.2m over three years to the Queensland no-one was turned away from the hospital Audit Office to improve public sector auditing. because the Minister, as Opposition We participated in important national reviews, spokesman, chased every ambulance and he including the Wallis inquiry into the financial never mentioned it. and banking systems and on the future of the Funnily enough, in his speech in the Rural Adjustment Scheme. House this morning the Minister claimed that We redirected the activities of the Office there was only a 57% bed occupancy rate at of State Revenue to ensure that they are the Caboolture Hospital and complained that properly explained to the business community. we gave it only 75% of its base allocation. The penalties for non-compliance with principal Seventy-five per cent for a 57% occupancy place of residence stamp duty concessions would be pretty good if either of the Minister's were also reviewed. We addressed problems assertions were true. The Minister is the highlighted by the Citisecurities stamp duty person who lies about the Caboolture Hospital. case. This involved retrospective rulings When I made the announcement that bed involving stamp duty obligations. A range of numbers would be slashed, this is what the businesses will be eligible for reimbursement Minister's office said, "Absolute nonsense. Mr from the Government as a result. Sullivan really needs to check his facts." What happened? Bed numbers were slashed. The Government has legislated against two payroll tax avoidance schemes. We Time expired. introduced mortgage relief by lifting stamp duty exemption levels for first home buyers. We rewrote the Stamp Act in consultation with "Doggy-do" other States. We moved to global budgeting Ms WARWICK (Barron River) with selected departments—— (7.13 p.m.): I rise to inform the House of a very Time expired. innovative and worthwhile event which will take place in Kuranda, which is in my electorate, on Saturday, 19 April. I speak of the first annual Caboolture Hospital "doggy-do", an event organised by the Mr J. H. SULLIVAN (Caboolture) Kuranda Environment Association. This event (7.11 p.m.): In an extension of the bullyboy has been organised in support of native fauna tactics that have seen the Caboolture Hospital in the region and to draw attention to the staff threatened with the sack if they talk to damage that can be done by domestic me, the Health Minister made certain animals in our community. According to the assertions in question time this morning again flier put out by the association, our native seeking to silence my criticism of his bungling fauna is dying at an alarming rate, and much of his portfolio. I reject those assertions out of of that is caused by domestic animals. hand. He offered no evidence; there is no While understanding the many benefits of evidence, and his story bears no relation to owning a pet, including therapeutic and the facts. companionship needs, the right approach Firstly, let me say—and the Minister would needs to be put in place so that all can live understand this, having spent many a year as together without damage to native or domestic 20 Mar 1997 Grievances 753 animals. "Doggy-do" will be fun and response was not just evasive; it was frankly informative and will aim at giving pet owners intimidatory. In the letter of her senior policy and non-pet owners some understanding of adviser, these words appear— the damage caused to native fauna by "You mention in your letter that the unrestrained and uncared-for pets. It will help meeting on March 6 was attended by 35 irresponsible people become responsible. With individuals, including representatives from community awareness comes community peak arts service organisations. The progress. Minister has requested that you supply I applaud the initiative taken by the her with a list of these people so that she Kuranda Environment Association. Domestic may ask them as well to the briefing animals are great comforts—I dearly love my session on March 12." cat—but I am very mindful of the fact that I call on the Minister to answer the questions domestic animals, if unrestrained, can and do of those arts workers. I call on the Minister to cause great damage to our native fauna. We give a firm assurance that there will be no had a terrible experience in my electorate last recriminations against those arts workers, who year when two dogs—someone's pets— have exercised their democratic rights—— savaged and killed a cassowary. In total, four cassowaries—and they are an endangered Time expired. species—have been killed by roaming dogs in the past eight months. We are aware that Department of Families, Youth and unrestrained and roaming dogs are capable of Community Care causing severe stress and injury and even the death of native fauna, so this event will Mrs WILSON (Mulgrave) (7.17 p.m.): hopefully raise the community consciousness This Government, through the Department of in a fun and positive way. People involved in Families, Youth and Community Care, has a this event include pet owners—— wide variety of programs and initiatives to help address the problems of young Time expired. Queenslanders. Today, the Family Services Minister, Kevin Lingard, announced funding of Arts Queensland $315,000 for a bold new scheme of youth support coordinators. This major initiative will Hon. M. J. FOLEY (Yeronga) see 11 community organisations across the (7.15 p.m.): Arts Minister Joan Sheldon has State employ full-time workers to help young sent shock waves of concern through the arts people who are at risk of leaving home and community by her dismantling of Arts school prematurely. They will work closely with Queensland and her ruthless political sacking the youngsters to get them to stay at home of senior arts administrators Greg Andrews and remain with their families. This should be and Des Zagami. Arts workers have expressed good news to any caring parent. More money concern over the Government's attempts to has also been announced by the Minister dismantle Labor's commitment to community today for rural youth workers. Grants of arts and regional arts and return the arts to the $405,000 will go to 21 community big end of town. Regional arts workers have organisations to employ full-time and part-time expressed grave concern at this shift of power staff to work closely with young people, their to Brisbane-based statutory authorities, families and communities to provide support coming as it does after this Government's services and opportunities for training and funding cut to regional libraries, its scrapping employment. of the Indigenous Arts Festival and the The Youth Advisory Forums are Government's retreat from the Labor continuing successfully as we canvass the Government's level of commitment to the opinions and suggestions of young people to Regional Arts Development Fund. give us a clearer idea of how to best meet The arts industry in Brisbane had a their needs. Several schemes are under way meeting on 6 March 1997 and wrote to the to assist young offenders to comply with the Minister—and I table that correspondence— conditions of their bail or community service setting out a series of questions, in particular orders and to help show them responsible seeking details of Ian Oliver's report on the behaviour as well as offering the courts external review of Arts Queensland and the alternatives to remanding young people in report of the internal corporate services review. custody. The out-station concept is working The response of the Minister was very well in the area of indigenous youth justice. surprising. She did not answer the questions. These outstations provide community-based She invited them to a briefing but her instruction to guide young Aboriginal and 754 Grievances 20 Mar 1997

Torres Strait Islanders and help prevent their immersion is grossly over-represented—25 reoffending. times the number of deaths compared to their The department is meeting its percentage of the total population. In addition, commitment to youth. One recent example is more boys drown than girls, yet the Minister's the Inala Youth Service, which it funds. Its new guidelines instruct people to target girls sponsor ended its commitment to run this rather than boys. much-needed service in Brisbane's south Previously there was proportional funding, west. The department worked quickly and which meant that swimming clubs and other successfully to provide another sponsor to groups got at least some funding to help with enable the Inala Youth Service to continue. their activities. What could be more basic, Through a coordinated approach of early especially in our seaside nation, than teaching intervention and prevention programs, the kids how to swim or teaching them water Department of Families, Youth and safety? I urge the Minister to review what has Community Care—and this coalition occurred in this last round of funding for Government—is continuing its commitment to sporting groups throughout Queensland. The improving the lifestyle and choices of all criteria and the rushed changes have led to Queenslanders. some disastrous results. The Minister should Time expired. support all clubs which provide a service to kids and young adults in the community. They deserve a better and fairer range of funding Sports Funding next time. Mr T. B. SULLIVAN (Chermside) (7.19 p.m.): The recent changes to funding of Local Justice Initiative Program local sporting groups by the Minister for Sport, Mick Veivers, has resulted in a loss of funding Mr CARROLL (Mansfield) (7.21 p.m.): I to many deserving sporting groups. Some serve on the Department of Families policy sporting associations have received higher committees and want to mention tonight one than previously received funding while many of the department's successful programs. The others have received absolutely nothing. In my Local Justice Initiative Program forms an electorate, groups such as the Brisbane important part of the Queensland Netball Association, the Kedron/Wavell Hockey Government's response to the Club and the Wavell Heights State School recommendations of the Royal Commission Amateur Swimming Club have received into Aboriginal Deaths in Custody. This nothing. The change was also rushed through program assists Aboriginal and Torres Strait over Christmas, and this caused some Islander communities and organisations to problems. develop strategies within their communities for The new set of criteria said that they were dealing with justice issues. In addition to targeting specific groups with innovative reducing numbers of people who come into programs. When one club representative contact with the criminal justice system, it phoned an officer from the Minister's addresses underlying causes of offences department about the meaning of the criterion which also provides a mechanism for crime "social justice", he was told, "Oh, it's what you prevention. Recurrent funding of $600,000 per do for your community." Not being someone year has been allocated to that program. who fills out selection criteria often, this fellow The most recent projects approved by the did not know that he should have stated that Minister, Kev Lingard, include the Mura Kosker he was catering for boys and girls, people from Sorority grant of $33,400 to establish a different backgrounds and people from community rehabilitation centre on the inner different socioeconomic groups. This is just a islands of the Torres Strait, the Kowanyama classic bureaucratic example of stating the Justice Group grant of $17,970 to provide bleeding obvious. Where has he been for the ongoing coordination of local justice initiatives last 30 years as local swimming clubs and in that community, the Quandamooka Land other groups cater for our kids? They say they Council Aboriginal Corporation grant of want something new and innovative, but what $23,500 to establish a community justice is more fundamental than teaching water group on North Stradbroke Island and the safety and water competence skills to young Beemar Yumba Hostel Aboriginal Corporation Australians? grant of $46,000 for the Cherbourg Australian Bureau of Statistics figures community. show that in the 1 to 14-year-old age group These programs are expected to also the category of death by drowning or by result in a reduction in recidivism. On a recent 20 Mar 1997 Grievances 755 hectic tour of some Aboriginal and Torres rob their electorate of jobs and in return give Strait Islander communities, I was very them poorly cleaned schools. The caning does pleased to hear, along with the Minister, first- not stop there. The cruellest cut of all is the hand reports of the success of these programs cutting of the hours of the lollipop workers. and the optimism of the workers involved. This puts our children at risk; it puts money They have no doubt that the programs are before the lives and limbs of our children. The helping their communities. We also received Tiaro State School has what I consider to be very good reports of work by the Minister for one of the most dangerous crossings in my Public Works and Housing, Mr Connor, who, electorate. It crosses the Bruce Highway so like other members of this Government, has that those who use it have to contend with a attacked the serious problems in some huge volume of local traffic. Would honourable Aboriginal and Torres Strait Islander members believe that the supervision of this communities and is achieving solutions. crossing had been cut by 45%? Maryborough West has 20 minutes of lollipop time. Four other schools in Maryborough have had their School Cleaning: Pedestrian Crossings supervised crossing times cut. Worse still, I Mr DOLLIN (Maryborough) (7.23 p.m.): I understand that country schools with fewer quote from a letter from the Bauple P & C than 25 students will have no supervision on concerning cuts to its school's cleaning road crossings at all. budget. It reads— Time expired. "The Bauple State School P & C Association would like to express concern at, what we feel, is the unfair treatment of Melbourne-Darwin Rail Link school cleaners, particularly in smaller Mr SPRINGBORG (Warwick) schools. (7.25 p.m.): Last night in speaking in this Firstly we are advised that our House I mentioned the benefits to Australia school will be cleaned by contract and particularly Queensland of the national cleaners, which, we feel will not hold the trunk railway which is proposed to link same standards as we have experienced Melbourne to Darwin. Tonight I would like to in the past. Secondly our cleaner's hours outline again for the benefit of the House have been cut by half, ensuring that it is some other great advantages that this railway impossible to maintain that high standard. would have for Australia if we are fortunate to In short, the cleaner that we see it built. had, who incidentally often worked over The cost of this proposal is something and above the requirements of her along the lines of $10 billion. The proponents position, has been forced to resign. are suggesting that it actually be financed by Perhaps that is what your office intended, private investment, but they do seek some thus clearing the way for contract degree of support from Governments by way cleaners. of a commitment to assist in whatever way While contract cleaners may suit possible such as a feasibility study, even the work requirements in larger schools, though the proponents believe that that could we feel that we have lost the asset of the be funded by private enterprise. Certainly, they personal touch that our own cleaner need a degree of coordination across the gave. States and with the Commonwealth. The link itself would go through the centre of New Yours sincerely South Wales, hug the near inland eastern side Hon P & C Secretary" of Queensland, across the north-west and into I am sure that honourable members on both the Northern Territory and Darwin. I believe sides of the House will in their hearts agree that it would also have environmental that these are bad policies. They are caning advantages for the State of Queensland, the bush, an area that cannot afford it, an because in many cases it would keep some of area that has the highest unemployment the major shipping out of the Great Barrier figures in Australia—16.5% in Wide Bay and Reef. It would particularly use the deep water rising. In fact, the only growth industry in Wide port at Darwin as well as tap into such places Bay under this Government is unemployment. like the port of Brisbane and the port of Gladstone. What annoys me is that the National Party members of this Government are It has a great number of benefits over the prepared to sit back and allow this member of Adelaide-Darwin line because it is going the Liberal Party, the Minister for Education, through very productive parts of Queensland, 756 Grievances 20 Mar 1997

New South Wales, Victoria and the Northern Hospital, followed very shortly after by 30 Territory—areas where there is a great deal of maternity beds when the maternity wing potential for economic and regional moves to the Caboolture Hospital. This will expansion. That is another reason why this ensure that a further 20 or 30 jobs are lost, as Parliament should support it. well as the fact that over one-third of the beds at Redcliffe Hospital will be gone forever. Redcliffe Hospital The other difficulty at Redcliffe at the Mr HOLLIS (Redcliffe) (7.27 p.m.): I rise moment is the moving of the surgical ward tonight to speak of the crisis that is rapidly from Caboolture Hospital to a theatre system developing at the Redcliffe Hospital. That at Redcliffe which is already very much situation is developing because of the inability overtaxed. Even though there are six theatres of this Liberal/National Government to there—the Labor Government commissioned manage the health system. I particularly want another two theatres that have never been to speak tonight of the closure of the used—the staff have been working there with gynaecology department in Ward 8 at four theatres for the last 12 months. Redcliffe Hospital, which means the loss of 25 beds. A few weeks ago when I raised this matter in the media to tell the people of Labor Capital Works Expenditure Redcliffe that this was going to happen as well Mr HARPER (Mount Ommaney) as to tell them about some other closures, we (7.29 p.m.): I want to take a minute to expose received another press release from the some more of the Labor hypocrisy in the Health Department—not from the Minister things that members opposite have been incidentally—saying "Health Critics Answered". saying this week and in previous weeks. The That release refuted what we were saying and previous Government allegedly put up large also said that no permanent job losses would sums for capital works and, when that occur if anything happened at the Redcliffe achieved the political brownie points it was Hospital. looking for with its alleged generosity, it failed I have asked the Minister today and I will in some years by significant margins to meet ask him again: what does he mean by no the targets. Hundreds of millions of dollars in permanent job losses when many of the base funding was carried over and hundreds people in the health system, especially nurses, of millions was simply never spent. Labor's nurses aides and assistant nurses are either worst con happened in 1992-93, the second temporary or permanent casual? Are these year of its alleged $3 billion plus Capital Works the people who are going to lose their jobs yet Program, when it underspent over $411m, or not be part of the figures that the Minister 12.5%. In its first three capital works years in quotes? This is one of the difficulties, of which it was alleged that Labor would spend course, with all these cutbacks of this $3 billion, it actually underspent that amount Liberal/National Government to the health by almost $900m: $242m in 1991-92, the system. $411m I have already mentioned in 1992-93 and $277m in 1993-94. What a con act to The other prediction that I make here falsely increase their record of spending! tonight is that within the next two weeks another eight beds will close at the Redcliffe The House adjourned at 7.30 p.m.

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