PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

LEGISLATIVE ASSEMBLY

FIFTY-SEVENTH PARLIAMENT

FIRST SESSION

Tuesday, 10 December 2013 (Extract from book 17)

Internet: www.parliament.vic.gov.au/downloadhansard

By authority of the Victorian Government Printer

The Governor The Honourable ALEX CHERNOV, AC, QC The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC The ministry (from 22 April 2013)

Premier, Minister for Regional Cities and Minister for Racing ...... The Hon. D. V. Napthine, MP

Deputy Premier, Minister for State Development, and Minister for Regional and Rural Development ...... The Hon. P. J. Ryan, MP

Treasurer ...... The Hon. M. A. O’Brien, MP

Minister for Innovation, Services and Small Business, Minister for Tourism and Major Events, and Minister for Employment and Trade .. The Hon. Louise Asher, MP

Attorney-General, Minister for Finance and Minister for Industrial Relations ...... The Hon. R. W. Clark, MP

Minister for Health and Minister for Ageing ...... The Hon. D. M. Davis, MLC

Minister for Sport and Recreation, and Minister for Veterans’ Affairs .... The Hon. H. F. Delahunty, MP

Minister for Education ...... The Hon. M. F. Dixon, MP

Minister for Planning ...... The Hon. M. J. Guy, MLC

Minister for Higher Education and Skills, and Minister responsible for the Teaching Profession ...... The Hon. P. R. Hall, MLC

Minister for Ports, Minister for Major Projects and Minister for Manufacturing ...... The Hon. D. J. Hodgett, MP

Minister for Multicultural Affairs and Citizenship, and Minister for Energy and Resources ...... The Hon. N. Kotsiras, MP

Minister for Housing, and Minister for Children and Early Childhood Development ...... The Hon. W. A. Lovell, MLC

Minister for Public Transport and Minister for Roads ...... The Hon. T. W. Mulder, MP

Minister for Liquor and Gaming Regulation, Minister for Corrections and Minister for Crime Prevention ...... The Hon. E. J. O’Donohue, MLC

Minister for Local Government and Minister for Aboriginal Affairs ...... The Hon. E. J. Powell, MP

Assistant Treasurer, Minister for Technology and Minister responsible for the Aviation Industry ...... The Hon. G. K. Rich-Phillips, MLC

Minister for Environment and Climate Change, and Minister for Youth Affairs ...... The Hon. R. Smith, MP

Minister for the Arts, Minister for Women’s Affairs and Minister for Consumer Affairs ...... The Hon. H. Victoria, MP

Minister for Agriculture and Food Security, and Minister for Water ...... The Hon. P. L. Walsh, MP

Minister for Police and Emergency Services, and Minister for Bushfire Response ...... The Hon. K. A. Wells, MP

Minister for Mental Health, Minister for Community Services, and Minister for Disability Services and Reform ...... The Hon. M. L. N. Wooldridge, MP

Cabinet Secretary ...... Mr N. Wakeling, MP

Legislative Assembly committees

Privileges Committee — Ms Barker, Mr Clark, Ms Green, Mr Hodgett, Mr Morris, Mr Nardella, Mr O’Brien, Mr Pandazopoulos and Mr Walsh. Standing Orders Committee — The Speaker, Ms Allan, Ms Asher, Ms Barker, Mrs Fyffe, Mr Hodgett, Ms Kairouz and Mrs Powell.

Joint committees

Accountability and Oversight Committee — (Assembly): Ms Kanis, Mr McIntosh and Ms Neville. (Council): Mr O’Brien and Mr P. Davis. Dispute Resolution Committee — (Assembly): Ms Allan, Ms Asher, Mr Clark, Ms Hennessy, Mr Merlino, Mr O’Brien and Mr Walsh. (Council): Mr D. Davis, Mr Hall, Mr Lenders, Ms Lovell and Ms Pennicuik. Economic Development, Infrastructure and Outer Suburban/Interface Services Committee — (Assembly): Mr Burgess, Mrs Fyffe, Mr McGuire and Mr Shaw. (Council): Mrs Peulich. Education and Training Committee — (Assembly): Mr Brooks and Mr Crisp. (Council): Mr Elasmar and Mrs Kronberg. Electoral Matters Committee — (Assembly): Mr Northe. (Council): Mr Finn, Mrs Peulich, Mr Somyurek and Mr Tarlamis. Environment and Natural Resources Committee — (Assembly): Mr Bull, Ms Duncan, Mr Pandazopoulos and Ms Wreford. (Council): Mr Koch. Family and Community Development Committee — (Assembly): Ms Halfpenny, Mr McGuire and Mr Wakeling. (Council): Mrs Coote, Ms Crozier and Mr O’Brien. House Committee — (Assembly): The Speaker (ex officio), Ms Beattie, Mr Burgess, Ms Campbell, Mrs Fyffe, Ms Thomson and Mr Weller. (Council): The President (ex officio), Mr Drum, Mr Eideh, Mr Finn, Ms Hartland, and Mr P. Davis. Independent Broad-based Anti-corruption Commission Committee — (Assembly): Ms Hennessy, Mr McIntosh, Mr Newton-Brown and Mr Weller. (Council): Mr Viney. Law Reform, Drugs and Crime Prevention Committee — (Assembly): Mr Carroll, Mr McCurdy and Mr Southwick. (Council): Mr Ramsay and Mr Scheffer. Public Accounts and Estimates Committee — (Assembly): Mr Angus, Ms Hennessey, Mr Morris, Mr Pakula and Mr Scott. (Council): Mr O’Brien and Mr Ondarchie. Road Safety Committee — (Assembly): Mr Languiller, Mr Perera, Mr Tilley and Mr Thompson. (Council): Mr Elsbury. Rural and Regional Committee — (Assembly): Mr Howard, Mr Katos, Mr Trezise and Mr Weller. (Council): Mr Drum. Scrutiny of Acts and Regulations Committee — (Assembly): Ms Barker, Ms Campbell, Mr Gidley, Mr Nardella, Dr Sykes and Mr Watt. (Council): Mr Dalla-Riva.

Heads of parliamentary departments

Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Parliamentary Services — Secretary: Mr P. Lochert

MEMBERS OF THE LEGISLATIVE ASSEMBLY FIFTY-SEVENTH PARLIAMENT — FIRST SESSION Speaker: The Hon. K. M. SMITH Deputy Speaker: Mrs C. A. FYFFE Acting Speakers: Mr Angus, Ms Beattie, Mr Blackwood, Mr Burgess, Ms Campbell, Mr Gidley, Mr Languiller, Mr McCurdy, Mr McIntosh, Ms McLeish, Mr Morris, Mr Nardella, Mr Northe, Mr Pandazopoulos, Ms Ryall, Dr Sykes, Mr Thompson and Mr Weller. Leader of the Parliamentary Liberal Party and Premier: The Hon. D. V. NAPTHINE (from 6 March 2013) The Hon. E. N. BAILLIEU (to 6 March 2013) Deputy Leader of the Parliamentary Liberal Party: The Hon. LOUISE ASHER Leader of The Nationals and Deputy Premier: The Hon. P. J. RYAN Deputy Leader of The Nationals: The Hon. P. L. WALSH Leader of the Parliamentary Labor Party and Leader of the Opposition: The Hon. D. M. ANDREWS Deputy Leader of the Parliamentary Labor Party and Deputy Leader of the Opposition: The Hon. J. A. MERLINO

Member District Party Member District Party Allan, Ms Jacinta Marie Bendigo East ALP Languiller, Mr Telmo Ramon Derrimut ALP Andrews, Mr Daniel Michael Mulgrave ALP Lim, Mr Muy Hong Clayton ALP Angus, Mr Neil Andrew Warwick Forest Hill LP McCurdy, Mr Timothy Logan Murray Valley Nats Asher, Ms Louise Brighton LP McGuire, Mr Frank 6 Broadmeadows ALP Baillieu, Mr Edward Norman Hawthorn LP McIntosh, Mr Andrew John Kew LP Barker, Ms Ann Patricia Oakleigh ALP McLeish, Ms Lucinda Gaye Seymour LP Battin, Mr Bradley William Gembrook LP Madden, Mr Justin Mark Essendon ALP Bauer, Mrs Donna Jane Carrum LP Merlino, Mr James Anthony Monbulk ALP Beattie, Ms Elizabeth Jean Yuroke ALP Miller, Ms Elizabeth Eileen Bentleigh LP Blackwood, Mr Gary John Narracan LP Morris, Mr David Charles Mornington LP Brooks, Mr Colin William Bundoora ALP Mulder, Mr Terence Wynn Polwarth LP Brumby, Mr John Mansfield 1 Broadmeadows ALP Napthine, Dr Denis Vincent South-West Coast LP Bull, Mr Timothy Owen Gippsland East Nats Nardella, Mr Donato Antonio Melton ALP Burgess, Mr Neale Ronald Hastings LP Neville, Ms Lisa Mary Bellarine ALP Campbell, Ms Christine Mary Pascoe Vale ALP Newton-Brown, Mr Clement Arundel Prahran LP Carbines, Mr Anthony Richard Ivanhoe ALP Noonan, Mr Wade Mathew Williamstown ALP Carroll, Mr Benjamin Alan 2 Niddrie ALP Northe, Mr Russell John Morwell Nats Clark, Mr Robert William Box Hill LP O’Brien, Mr Michael Anthony Malvern LP Crisp, Mr Peter Laurence Mildura Nats Pakula, Mr Martin Philip 7 Lyndhurst ALP D’Ambrosio, Ms Liliana Mill Park ALP Pallas, Mr Timothy Hugh Tarneit ALP Delahunty, Mr Hugh Francis Lowan Nats Pandazopoulos, Mr John Dandenong ALP Dixon, Mr Martin Francis Nepean LP Perera, Mr Jude Cranbourne ALP Donnellan, Mr Luke Anthony Narre Warren North ALP Pike, Ms Bronwyn Jane 8 Melbourne ALP Duncan, Ms Joanne Therese Macedon ALP Powell, Mrs Elizabeth Jeanette Shepparton Nats Edwards, Ms Janice Maree Bendigo West ALP Richardson, Ms Fiona Catherine Alison Northcote ALP Eren, Mr John Hamdi Lara ALP Ryall, Ms Deanne Sharon Mitcham LP Foley, Mr Martin Peter Albert Park ALP Ryan, Mr Peter Julian Gippsland South Nats Fyffe, Mrs Christine Ann Evelyn LP Scott, Mr Robin David Preston ALP Garrett, Ms Jane Furneaux Brunswick ALP Shaw, Mr Geoffrey Page 9 Frankston Ind Gidley, Mr Michael Xavier Charles Mount Waverley LP Smith, Mr Kenneth Maurice Bass LP Graley, Ms Judith Ann Narre Warren South ALP Smith, Mr Ryan Warrandyte LP Green, Ms Danielle Louise Yan Yean ALP Southwick, Mr David James Caulfield LP Halfpenny, Ms Bronwyn Thomastown ALP Sykes, Dr William Everett Benalla Nats Helper, Mr Jochen Ripon ALP Thompson, Mr Murray Hamilton Ross Sandringham LP Hennessy, Ms Jill Altona ALP Thomson, Ms Marsha Rose Footscray ALP Herbert, Mr Steven Ralph Eltham ALP Tilley, Mr William John Benambra LP Hodgett, Mr David John Kilsyth LP Trezise, Mr Ian Douglas Geelong ALP Holding, Mr Timothy James 3 Lyndhurst ALP Victoria, Ms Heidi Bayswater LP Howard, Mr Geoffrey Kemp Ballarat East ALP Wakeling, Mr Nicholas Ferntree Gully LP Hulls, Mr Rob Justin 4 Niddrie ALP Walsh, Mr Peter Lindsay Swan Hill Nats Hutchins, Ms Natalie Maree Sykes Keilor ALP Watt, Mr Graham Travis Burwood LP Kairouz, Ms Marlene Kororoit ALP Weller, Mr Paul Rodney Nats Kanis, Ms Jennifer 5 Melbourne ALP Wells, Mr Kimberley Arthur Scoresby LP Katos, Mr Andrew South Barwon LP Wooldridge, Ms Mary Louise Newling Doncaster LP Knight, Ms Sharon Patricia Ballarat West ALP Wreford, Ms Lorraine Joan Mordialloc LP Kotsiras, Mr Nicholas Bulleen LP Wynne, Mr Richard William Richmond ALP

1 Resigned 21 December 2010 6 Elected 19 February 2011 2 Elected 24 March 2012 7 Elected 27 April 2013 3 Resigned 18 February 2013 8 Resigned 7 May 2012 4 Resigned 27 January 2012 9 LP until 6 March 2013 5 Elected 21 July 2012

CONTENTS

TUESDAY, 10 DECEMBER 2013 His Excellency Nelson Mandela, OM, AC, CC, OJ, GCStJ, QC, GCH, BR, RSO, NPK ...... 4443 DISTINGUISHED VISITORS ...... 4423 Whitehorse Business Group ...... 4443 CONDOLENCES Families cost of living ...... 4443 His Excellency Nelson Mandela, OM, AC, CC, Christmas felicitations ...... 4444, 4445 OJ, GCStJ, QC, GCH, BR, RSO, NPK ...... 4423 Dr David Warner ...... 4444 QUESTIONS WITHOUT NOTICE Fire Awareness Awards ...... 4445 Crown prosecutors character evidence 4430, 4431, 4436 Early childhood teachers skills assessment ...... 4445 Geelong region economy ...... 4430, 4431 North-eastern Victoria tourism ...... 4445 Regional and rural investment ...... 4432 Sunbury municipality ...... 4446 Suspended sentences ...... 4433 Churchill and Yinnar scout groups ...... 4446 Government economic management ...... 4434 Lions Club of Morwell 50th anniversary ...... 4446 Kananook Creek ...... 4434 Olympic Village Exodus Community ...... 4446 Automotive industry future ...... 4435 Banyule Housing Support Group ...... 4446 Water restrictions ...... 4436 Keep Christmas in Carrum ...... 4447 6th Melbourne scout group ...... 4447 SUSPENSION OF MEMBER Carlton Primary School awards ...... 4447 Member for Lara ...... 4430 Flat Out 25th anniversary...... 4447 SMALL BUSINESS COMMISSIONER AMENDMENT Kingston Residents Association ...... 4447 BILL 2013 Macedonian Orthodox community Kinglake Introduction and first reading...... 4437 monastery ...... 4448 DRUGS, POISONS AND CONTROLLED Mildura drug treatment agencies ...... 4448 SUBSTANCES (POPPY CULTIVATION AND Mildura pilot training ...... 4448 PROCESSING) AMENDMENT BILL 2013 Mildura scout hall ...... 4448 Introduction and first reading...... 4437 Fruit fly control ...... 4448 LEGAL PROFESSION UNIFORM LAW APPLICATION Werrimull tourist guide ...... 4448 BILL 2013 St Kilda public housing communal facility ...... 4448 Introduction and first reading...... 4437 Mornington Secondary College sports FENCES AMENDMENT BILL 2013 specialisation program ...... 4449 Introduction and first reading...... 4438 Aged-care facilities privatisation ...... 4449 JURY DIRECTIONS AMENDMENT BILL 2013 DRUGS, POISONS AND CONTROLLED Introduction and first reading...... 4438 SUBSTANCES AMENDMENT BILL 2013 CORRECTIONS LEGISLATION AMENDMENT BILL Second reading ...... 4449 2013 MINERAL RESOURCES (SUSTAINABLE Introduction and first reading...... 4438 DEVELOPMENT) AMENDMENT BILL 2013 CHILDREN, YOUTH AND FAMILIES AMENDMENT Second reading ...... 4458 (SECURITY MEASURES) BILL 2013 SUSTAINABLE FORESTS (TIMBER) AND WILDLIFE Introduction and first reading...... 4438 AMENDMENT BILL 2013 ASSISTED REPRODUCTIVE TREATMENT FURTHER Second reading ...... 4469 AMENDMENT BILL 2013 ADJOURNMENT Introduction and first reading...... 4438 East Werribee justice precinct ...... 4477 BUSINESS OF THE HOUSE Moorabbin Air Museum redevelopment ...... 4477 Notices of motion ...... 4439 Palace Theatre development ...... 4478 Program ...... 4441 Waverley RSL ministerial visit ...... 4478 PETITIONS School funding ...... 4479 Aged-care facilities privatisation ...... 4439 Echuca-Moama tourism events ...... 4480 Victoria Police bands ...... 4439 Bushfire fuel reduction ...... 4480 Health practitioner abortion referral ...... 4439 Moorabbin and Glen Eira State Emergency Preston Girls Secondary College ...... 4440 Service units...... 4481 Fountain Gate Secondary College future SCRUTINY OF ACTS AND REGULATIONS COMMITTEE problem solving team ...... 4481 Alert Digest No. 17 ...... 4440 AJAX Football Club ...... 4482 Responses ...... 4482 DOCUMENTS ...... 4440 ROYAL ASSENT ...... 4441 MEMBERS STATEMENTS West Gate distributor ...... 4442 Regional and rural tourism ...... 4442 Narre Warren Mechanics Institute Hall ...... 4443

CONDOLENCES

Tuesday, 10 December 2013 ASSEMBLY 4423

Tuesday, 10 December 2013 Nelson Mandela showed the world that he sought no reprisals against his opponents. He spoke about those The SPEAKER (Hon. Ken Smith) took the chair at years of imprisonment with a total lack of malice 2.04 p.m. and read the prayer. towards those who punished him so severely.

DISTINGUISHED VISITORS One of his greatest strengths was his ability to forgive and focus on making life better for all. There is no The SPEAKER — Order! Before commencing, I doubt he was sincere. He made what are described as would like to acknowledge in the gallery today significant gestures of reconciliation, but I would say Mr Raphael Geminder, the honorary Consul for the they were more than gestures; they were genuine Victorian Consulate of the Republic of South Africa; actions to promote reconciliation. Members will hear Mrs Mary Mahloko-Boardman, the chairperson of the many quotes of Nelson Mandela’s today; he certainly South African Australian Group; Dr Nakedi Keetse, the was a very quotable figure. One of the things he said deputy chairperson of the South African Australian was: Group; and Senator Dr Monica Xavier, the president of Frente Amplio, from Uruguay. We welcome you all to If there are dreams about a beautiful South Africa, there are also roads that lead to their goal. Two of these roads could be the Parliament. named goodness and forgiveness. Honourable members applauded. He also said:

CONDOLENCES If you want to make peace with your enemy, you have to work with your enemy. Then he becomes your partner. His Excellency Nelson Mandela, OM, AC, CC, He lived that principle and lived it to the full. OJ, GCStJ, QC, GCH, BR, RSO, NPK We will fondly remember his humanity, the warmth of Dr NAPTHINE (Premier) — By leave, I move: his smile, his open and welcoming expression, the way That this house expresses its sincere sorrow at the death of he always had his hands open, ready to welcome His Excellency Nelson Mandela, OM, AC, CC, OJ, GCStJ, people, ready to listen to people and ready to embrace QC, GCH, BR, RSO, NPK, and places on record its people. We will remember his magnificent tolerance acknowledgement of the valuable services rendered by him to and his enormous compassion. He was a man who lived the people of South Africa and for the causes of peace and the philosophy of Ubuntu, which roughly translates as justice internationally. human kindness. Mandela himself said with regard to I would like to acknowledge the Consul and the other this: representatives of the South African-Australian A traveller through a country would stop at a village and he community who are here with us today and to say that didn’t have to ask for food or for water. Once he stops, the this is an occasion that is sad but it is also an occasion people give him food, entertain him. This is one aspect of to reflect on the great life of Nelson Mandela. Ubuntu, but it will have various aspects. Ubuntu does not mean that people should not enrich themselves. The question There is no doubt that Nelson Mandela was a towering therefore is: are you going to do so in order to enable the and inspiring figure, not only in reconciliation but also community around you to be able to improve? in human justice, equality and peace. He also stood for Another definition of Ubuntu is: what is right and fair. Indeed I rank Nelson Mandela among some of the most significant humanitarians the I am what I am because of who we all are. world has seen in my lifetime — people such as Ghandi, Mother Teresa and Martin Luther King. It was certainly a philosophy that Mandela lived to the full. Nelson Mandela died recently, at the age of 95. He was a leader of and an inspiration for South Africa’s Nelson Mandela was born in 1918, one of 13 children, transformation from a racially segregated, apartheid and raised in a village in the Eastern Cape. The young society to one of democracy and freedom and a land of Mandela went to a Methodist school, where he was great opportunity and hope. He saved his beloved given the name Nelson. He was a diligent student and country from civil war when he managed that in 1939 went to the University of Fort Hare, then a transformation in a relatively peaceful way to become centre of burgeoning African nationalism. First as a South Africa’s first black President. After many years lawyer and then as an activist Mandela challenged the of struggle and frustration and 27 years of apartheid system and changed South Africa profoundly imprisonment for opposing the apartheid regime and forever. He was an icon of the fight for equality and

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4424 ASSEMBLY Tuesday, 10 December 2013

dignity in his home country and his people, and he The greatest tribute we can pay to Nelson Mandela is to fought for those issues right across the world. listen to his wisdom and practise his beliefs. He was, and still is, loved by millions of people even though he He not only risked his life for what he believed in but never met them. He is more of a benchmark for led a life that would inspire the world. Mandela spent integrity, compassion and courage, but he is very 27 years behind bars for essentially fighting for the reachable and very understandable because he is seen freedom and dignity of all black people in the country as one of us, who has walked among us, smiled among he loved. But he was always an optimist and said that us and enjoyed living among us. time in prison gave him time to think. Nearly three decades spent in prison at the prime of his life certainly Nelson Mandela said: affected him, his relationships and his family life, but the amazing thing about Mandela was that he came out Education is the most powerful weapon which you can use to change the world. of prison full of hope and forgiveness and with a positive vision for the future. He also maintained a In the 2011–12 budget our government committed great sense of humour, a great sense of compassion and $150 000 over three years to assist with leadership a great love for his fellow man. development in the Victorian African-Australian communities. The African leadership program has had After his release from prison in 1990 he took on the over 61 participants in two years, and the third year is huge task of delivering South Africa peacefully to about to commence. In honour of the leadership democracy and avoiding the calamity of a race war. displayed by Nelson Mandela and his recognition of the Those of us who can recall the bitter and very divided importance of real leadership, I am pleased to announce South Africa under apartheid and the enormous today that we will provide another $150 000 over the differences between whites and blacks know that it was next three years. I also suggest that we change the name to the amazement of everyone that he was able to of that program to the Nelson Mandela Ubuntu achieve such a relatively peaceful transition. leadership program, to assist South African Victorians Archbishop Desmond Tutu said: develop their leadership skills and make a positive If this man wasn’t there, the whole country would have gone contribution to our community and their communities. up in flames. Our sympathies go to the family of this great man, and On 10 May 1994 when Mr Mandela took the oath as our hearts go out to those mourning in South Africa and South Africa’s first freely elected President he declared: those of South African heritage in Victoria and Australia who absolutely and positively loved and Never, never and never again shall it be that this beautiful adored Nelson Mandela. On behalf of the government, land will again experience the oppression of one by another … I acknowledge the man who dedicated his life to the greater good of mankind, Nelson Mandela. His legacy On a visit to Melbourne in 2000 he said: will last forever.

We destroyed the white supremacy as the liberation Mr ANDREWS (Leader of the Opposition) — I movement, but we could not effect a peaceful transformation congratulate the Premier on his thoughtful remarks and without talking to our enemy, addressing their fears as a minority and the trauma of losing power. It was under those on the announcement he just made. circumstances that reconciliation took place in South Africa. On 6 June 1986 a popular South African magazine Those words of empathy and understanding are the printed a photograph of Nelson Mandela with the building blocks of peace in our time. We can never following comment: have a world without difference, but if we can feel empathy with our opponents as we disagree, the world Everyone knows his name and what he stands for. But almost no-one knows what Nelson Mandela looks like. will be a better place. He would soon become one of history’s most Nelson Mandela certainly lived as a champion of recognised faces. Eight years later he would assume the human rights, the human rights of each and every presidency of the republic, but in 1986 it was illegal to person in South Africa and each and every person photograph him in South Africa. It was illegal to depict across the world. His legacy of compassion, his likeness. It had been illegal for 22 years, ever since determination, optimism, faith and love for his people a trial found him guilty of sabotage and conspiracy, a will live on in the lives of this generation and future trial that generated a near unanimous vote of censure generations and will remind us that to hate and to from the United Nations General Assembly. discriminate has absolutely no purpose and no future.

CONDOLENCES

Tuesday, 10 December 2013 ASSEMBLY 4425

They caught Nelson Mandela, castigated him and made I hope when they sat with Mandela, in that instant, they an example of him. They broadcast widely his alleged realised and felt the pain of a thousand broken families, criminality, and then they eased him into almost a thousand lost graves and 40 million cries for freedom, non-existence everywhere south of the Okavango. They rolled into a single moment. I hope Mandela spoke it would not even share the same soil with him. They without mercy, but perhaps he did not. Perhaps he shackled Mandela on a sparse island quarry, once a really is better than that. Perhaps his capacity for grace naval garrison, later a leper colony and ultimately a and benevolence is truly beyond the reach of our prison. That was their response to the rages which tore human understanding. at the South African republic — that, and a sequence of measures which clinically subdued a population and Who is this man whose best years were not simply sabotaged its natural will — a sequence of measures wasted on a concrete island, but whose mind actually which translates in English to ‘the state of being apart’. sharpened out there? Who is this man who could recognise the virtue of our kind at the hands of our From the outset, of course, there was racial worst specimens, and who considered his prison classification and subclassification, the abolition of sentries as guards of honour? Who is this man who parliamentary representation by 1970, the removal of found the voice of justice intact and true on a quarry at citizenships and the forced settlements. By the 1980s the end of the earth, on an island where men — their there were many states of emergency, sham tear ducts sealed over from decades of fine dust — negotiations and the grotesque tricameral Parliament were physically unable to weep? with one chamber for whites, one for Indians and one for coloureds. As time passed it became clearer to the I hope the architects of that regime lived long enough to world that these were the erratic actions of a regime see a country’s greatest victim become its greatest slowly comprehending its profound illegitimacy. ambassador. I hope they lived to see the face of a nation freed from the censure of the world. I hope they lived to I mentioned earlier the South African news article from hear the roar of 50 000 Afrikaners at the Rugby World 1986, the first to publish a photo of Nelson Mandela’s Cup, shouting their president’s name in euphoria. They face in over two decades. Four years later, that same did not know it at the time, but when they slammed the face, that same thin and ageing frame, was seated with prison doors upon Mandela they built a leader. They his former captors in Pretoria. He was a free man, built, as the New York Times put it, an international negotiating with them, proposing the terms of their emblem of dignity. They built the movement that insolvency. They accepted. The authorities did that: the would emancipate, from their cold hands, a tortured show trials, the subclassification, the suppression and, majority. And they built the most admired figure of my ultimately, their surrender, all for one simple reason. It lifetime. is a reason that goes to the heart of that episode, that awful experiment of humankind. They did all that Now he is gone, and I have met not one person left because they were utterly terrified. They knew their untouched by his passing. On behalf of the Victorian fate; they knew their cruelty; they knew what they had Labor Party, I offer my condolences to those who knew cast with their hands; and they knew their time was Mandela, to those who held him close, his family, his coming. friends and his many colleagues both here and departed whose work we also recognise. I offer my condolences I have no doubt that when someone like Nelson to the people of South Africa who have lost their great Mandela, a man now free of chains and free of any father. spite, could face that crumbling regime with the unyielding confidence of a monarch, they knew their With indulgence, can I say I am proud to lead a party time was up. Only once in a century, perhaps, the earth and a movement that stood firmly against apartheid; a is able to summon someone who can do that — party that fought against it, that helped to compel the someone who, with a smile, can shake the foundations world; a party that offered its resources and its of decorated men, convinced for a lifetime of their own knowledge to the African National Congress in the free supremacy. Someone who, speaking to crowds at elections of 1994. I am thankful for the work of former soccer pitches, can stir a prevailing political order, once Prime Minister Bob Hawke and so many others, and I cast in stone, to the brink of collapse. Someone who am proud that this Parliament, under the premiership of can bear unspeakable torture and emerge from it Joan Kirner, welcomed this great man to Queen’s Hall. stronger. Someone spat back into a broken society after I am proud of that, and we all should be. I am thankful decades of isolation, still able to trust the innate that those small efforts on our part, modest in many decency of humanity. ways, helped to make ours a better world and to erase

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4426 ASSEMBLY Tuesday, 10 December 2013

from it the plague of apartheid so that our children were to join the African National Congress. He took up arms never old enough to witness it. in a cause about which he believed passionately.

I am thankful also that the world may learn from In 1952 Nelson Mandela was convicted of statutory Mandela’s story. The people of South Africa wrestled communism. Throughout the 1950s he took part in for freedom and they found it some 20 years ago. As anti-apartheid activity — all of this in pursuit of this this trademark of tyranny died the world’s eyes were basic principle. Together with Oliver Tambo, he upon it. But the world is rarely watching when tyranny conducted his legal practice, caring for those who were is born. That is the problem. Apartheid began quietly marked, simply for the colour of their skin, to be with the stamp of a parliamentary commission. A subject to all sorts of inappropriate forms of activities lifetime of struggle could have been avoided if it had all and laws. He did take up armed resistance in the firm ended before it began. I am thankful for that lesson, but belief of wanting to protect those important issues most of all I am thankful for Nelson Mandela. I cannot which were so fundamental to his primary principle. Of begin to list his virtues; I can only be thankful that a course we all know of the treason trial. We know that person of his capacity could exist. he was sentenced to a period of 27 years imprisonment. For some 18 years he spent his time on Robben Island I suggest, further to the announcement of the Premier, in a cell measuring 8 feet by 7 feet. Speaker, earlier that we as a state should perhaps partner with the City today I measured this parliamentary table at which I of Melbourne and honour this great man’s legacy with now stand, and it is approximately of the same a permanent monument, a public memorial. That I dimensions as the cell that was occupied by Nelson think is something worthy of consideration. It is the Mandela over those years. least we could do for a person who so affected the quality of our humanity and the pride we may take in it. In 1990 he was released by F. W. de Klerk. In 1994 he It is the least we could do for this monument of our was elected president of South Africa. This was a world, ‘the epicentre of our time’. seminal moment in the history of his nation, and not only his nation but of the world, because Nelson Mr RYAN (Minister for State Development) — I Mandela held in one hand the capacity to bring about join with the Premier and the Leader of the Opposition all sorts of retribution upon those who had persecuted in supporting this motion which marks the passing of him and his people over the years in the manner in Nelson Mandela, and in so doing I welcome the which the Premier and the Leader of the Opposition representatives from the communities of South Africa have said. On the other hand there was the capacity in to our chamber. We have indeed seen the passing of this man to realise, to observe and to live the fact of this greatness. As the Premier and the Leader of the basic principle which I have already recited. Opposition have observed, there are so many aspects Interestingly, in his book Long Walk to Freedom, which which go to mark the history and the contribution of I know many members of this place have read, he said: this extraordinary man. But principally it seems to me that his fundamental principle in life was outlined in the No-one is born hating another person because of the colour of course of one of the many speeches he made when he his skin, or his background, or his religion. People must learn to hate, and if they can learn to hate, they can be taught to said: love, for love comes more naturally to the human heart than its opposite. We, the people of South Africa, declare for all our country and the world to know: At that extraordinarily important moment in history that South Africa belongs to all who live in it, black and Nelson Mandela adhered to his basic principles. He white, and that no government can justly claim authority forgave those who persecuted him in pursuit of the unless it is based on the will of all the people … fundamental principle that all men are in fact equal and that it is so vitally important that the government of any It was around this fundamental principle that this man country should be elected by the will of its people. He lived his life. stayed with those principles when it could so easily Of course history was important to Nelson Mandela. As have been different. a young man he learnt much about the history of his There are many other quotations apart from those to forebears. He understood that they understood the which the Premier and the Leader of the Opposition importance of freedom and the frustrations which they have referred. The commentary of Archbishop Tutu, as had endured for many, many decades and indeed far reflected in articles in the Age yesterday, pays testament beyond in trying to achieve this all-important issue of to many aspects of this wonderful man. He was freedom and equality. He saw the European colonialists ultimately accorded something in the order of as benefactors, not oppressors, but he ultimately came

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Tuesday, 10 December 2013 ASSEMBLY 4427

1000 honours, including the Nobel Peace Prize. It is collective of churches, trade unions and the student therefore appropriate that on this occasion we reflect on movement in opposition to an apartheid South Africa. an extraordinary life so well lived by a man who stayed with the basic principle which guided him throughout Activists of that time tell of the brutal treatment they the whole of his life, and who affected millions of received at the hands of Victoria Police and the special people in a profoundly beneficial way. branch as they protested the Springbok rugby tour of this country, although their efforts remained Surely in the 20th and 21st centuries there has not been undiminished. The role of the Australian Council of and will not be a more influential person than Nelson Trade Unions at a national and international level and Mandela, even amongst those who might be said to be the maritime union in particular — my father’s his equals. Together with the Premier, the Leader of the union — was crucial in ensuring that international Opposition and members of this house I join in offering pressure on that oppressive regime was maintained. my condolences not only to the family of this great man Mr Mandela’s visit, so soon after his release, was but to the people of South Africa. We have indeed seen acknowledgement of that collective struggle. the passing of greatness. The decision by the Melbourne City Council to grant Mr WYNNE (Richmond) — I rise to make a Mr Mandela Freedom of the City was not free of contribution on the death of a man the likes of whom controversy; the decision was reached on a split vote, we are unlikely to see again in our lifetime. The with a number of conservative councillors arguing that weekend’s newspapers were a poignant reminder to us we were rewarding a terrorist, such was their level of that a truly great international leader has slipped from ignorance and prejudice. Mandela’s visit was one of the this life. We had been warned for weeks that largest public events ever held in this city. Tens of Mr Mandela’s health was precarious and that his time thousands flocked to the city to see him and, if lucky, with us was short. His passing was nonetheless hear him speak, or simply to be there. I remember accompanied by an avalanche of grief that this enduring trying to get a glimpse of him through the side door of a figure of nobility, grace and courage had left us. Recent jam-packed Melbourne town hall, where he addressed television images of Mr Mandela had been telling; they the trade union movement. The excitement and had shown him surrounded by family, his expression anticipation of his arrival in the hall was electric. Led distant and reflective. It was as if we had collectively by the trade union choir, his welcome was in the best drained the life forces from him. traditions of the labour movement. Mandela was amongst his own. What an unimaginable weight of expectation he carried, including the hopes of a nation and the broader I guess I must have looked a bit odd rattling around in international community for a fairer and more just mayoral regalia and chains, craning to get a look at this society, free of the appalling stain of apartheid. extraordinary spectacle. A more restrained but no less Mr Mandela showed us a different way, a more noble joyous event awaited in the council chamber above, way. He endured the suffering of imprisonment, during where as Lord Mayor I conducted the ceremony to which time he contracted tuberculosis, a condition award Mr Mandela our highest civic honour. He mixed which by his own admission he battled for the rest of freely with those present — federal ministers, guests his life. He united a deeply scarred and fractured nation and councillors — which was typical of his egalitarian and provided a moral compass for the international nature and common touch. In some private moments of community, and in return earnt the adulation of conversation Mr Mandela spoke to me about the huge millions. challenges facing his nation in becoming an integrated, just and democratic country. He understood that heavy Australia held a special place in the heart of burden and recognised that this could only be achieved Mr Mandela. One of his earliest visits after his release through the reconciliation of black and white South from prison was to Melbourne to receive the highest Africa. Far too soon he departed on the next leg of a civic honour our city can bestow — the Freedom of the crushing schedule, which was to be his lot for the next City. I was thrilled to meet him. Tall and slim at two decades in public life. 72 years of age, he had lost the magnificent physique of his earlier years due to the 27 years that he had spent in As we brace to mourn his passing, we should also prison. But he exuded an aura of authority, tempered by reflect on the crucial role that institutions such as trade true humility at the overwhelming welcome and unions, churches and the student movement in Victoria affection that greeted him here. His visit to Melbourne played in freeing Nelson Mandela. We should reflect followed a long history of struggle and defiance by a on the role of the people who stood up: Malcolm Fraser, from his earliest days in public life; the

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Reverend Dick Wooton and the World Council of extreme racism was normalised. There were two public Churches; and the Hawke government, for its economic transport systems: buses for white people and buses for sanctions which galvanised international pressure on black people. If you went to a public toilet, there were that brutal regime. All must be acknowledged. four facilities: white men’s, black men’s, white women’s and black women’s. This form of cruel It is all too easy for conservative commentators to segregation extended to simple things that were deeply single out a particular group for ridicule and scorn, but humiliating — for example, in one host family I lived history will judge well the efforts of so many — with Connie the maid had her own bowl to eat from organised labour, students and the churches — in the which was kept separate from the family crockery. I collective struggle for freedom for a great humanitarian lived a surreal life of barbecues by the pool in and his people. I have to say that meeting Mr Mandela manicured gardens while in townships such as Soweto was one of the highlights of my public life, a memory poverty and oppression seethed. It was a weird my wife and I will cherish. existence, living with lovely families in nice suburbs — people who, in essence, turned a blind eye to the Vale Nelson Rolihlahla Mandela. carnage around them.

Mr NEWTON-BROWN (Prahran) — Nelson It is important for us in this place to remember that the Mandela said upon his release in 1990, after 27 years in atrocity of apartheid occurred not that long ago. It prison, that he felt like he had climbed an enormous hill happened within living memory of everybody in this to find at the top that there were just more hills to chamber, and it happened just across the Indian Ocean. climb. His goal of ending apartheid in South Africa was It is a stark reminder that politics is not always about just the start of what he was to achieve as an icon of the common good or about advancing legislation for the peace and humility who touched people around the betterment of our community. Politics can be an evil globe. weapon of oppression and discrimination which can I lived for a year in Johannesburg in 1985 as a rise up at any time in any place, and we must be ever 17-year-old Rotary exchange student. At that time vigilant in stamping out racism as soon as it rears its Nelson Mandela was imprisoned on Robben Island. I ugly head. We have had our own threats to racial note there are many members of the South African harmony in Australia, but in general we in Australia, community here today as guests of the member for and particularly in Victoria, take pride in the great Mitcham, and she has asked me to share some of their melting pot of nations we have become. experiences of life under apartheid. No doubt many of The most amazing part of Nelson Mandela’s story is them were in South Africa when I visited that beautiful not that he was released from prison and became but fractured country so many years ago. They lived president. The most amazing part, and the reason his under an oppressive regime. Some of them were at the legacy will endure through the ages, is that he united Sharpeville protests and saw 69 of their brothers and the nation. He took on the leadership of South Africa sisters killed in a hail of bullets. with astounding dignity and grace. Unlike what Some of them experienced being set upon by dogs, tear happened in other countries such as Zimbabwe, Nelson gassed and shot at with rubber bullets while at Mandela stood up to members of his own community university, and some of them were beaten for being who wanted retaliation and instead offered conciliation female and daring to study law. Members of their and hope for a united country. He set up the Truth and families endured shootings, torture and detention Reconciliation Commission where there was no without trial, and some of their family and friends went punishment for those who told the truth, only missing, never to be seen again. Some of them were forgiveness. arrested for possessing images of Mandela and even for In Mandela’s words, the oppressed not only liberated playing freedom songs. Many of them secretly read and themselves, they liberated their oppressors. I know that passed around Mandela’s book No Easy Walk to those South Africans, black and white, who are here in Freedom to keep strong in the belief that one day Parliament today share the same spirit of humility and freedom would come to South Africa. forgiveness. They have learnt from Madiba that to While they lived under the apartheid regime, I lived a harbour bitterness and resentment is like drinking parallel existence in a white suburb where black people poison and hoping it will kill your enemies. My could not live unless they were servants. I was shielded experience in South Africa continues to impact on me from the overt violence that many of them experienced to this day. It makes me value the democracy and but the daily grind of oppression was so ubiquitous that equality we take for granted here in Australia. For a year I lived within the system of oppression that Nelson

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Mandela and so many other people fought to There has probably not been a more popular, admired overthrow. It was a snapshot in time but I have grown and universally respected person in the politics of our to appreciate that it was a front row seat in history. time than the South African Nelson Mandela — icon of the struggle against apartheid, former leader of the In the end it was a global effort. The white rulers of African National Congress (ANC), first black president South Africa could have chosen to hang on to control of South Africa and Nobel peace prize laureate. Pope through force. They could have chosen to keep Francis said of him recently: Mandela in jail until his death, but the weight of the world was against apartheid South Africa. Through Paying tribute to the steadfast commitment shown by Nelson sanctions, boycotts and other international pressures the Mandela in promoting the human dignity of all the nation’s citizens and in forging a new South Africa built on the firm apartheid regime eventually crumbled. The world foundations of non-violence, reconciliation and truth, I pray recognised the steps that President de Klerk took in that the late president’s example will inspire generations of ensuring his own demise and he was awarded, along South Africans to put justice and the common good at the with Mandela, the Nobel peace prize. As Mandela forefront of their political aspirations. stood shoulder to shoulder with de Klerk to receive the I became an activist in support of the freedom of peace prize he showed the world by this graceful action Nelson Mandela when I was a young student and trade the spirit of harmony, the spirit of forgiveness and the unionist in Uruguay. Later in life when I joined the spirit of peace that will endure through the ages as his Footscray Institute of Technology I became a member indelible legacy and message to humanity. of the Free Nelson Mandela Committee. I, along with Mr LANGUILLER (Derrimut) — I am honoured thousands of Australian trade unionists, joined with the to have been given the privilege of making a few world trade union and student movements, who always remarks and putting together a few reflections on the believed that Nelson Mandela was a freedom fighter life of Nelson Mandela and what he has meant to me and not a terrorist. personally and to the thousands of other trade unionists I have always felt very privileged to have joined the in Australia and around the world who always believed Victorian trade unions in establishing the choir that in the freedom of Nelson Mandela and in the struggles would welcome Nelson Mandela to this generous city against apartheid which he so resolutely embarked and sing for him the ANC national anthem, Nkosi upon for his entire life. It was a privilege for me to have Sikelel’ iAfrika. The choir was made up of very humble met with him twice, publicly and privately. He was unionists who, after the Mandela events, moved on to always an inspiration to me. their real jobs and got on with their real lives. I was a In his Rivonia trial speech Mandela said that a free bass, Speaker, as you would understand — a very basic society: bass. Perhaps in recognition that there was no future in singing, we moved on. But the honour, the commitment … is an ideal which I hope to live for and to achieve. But if and the privilege to have sung at the Melbourne town needs be, it is an ideal for which I am prepared to die. hall under the friendly and passionate auspices of the then Lord Mayor of Melbourne, Richard Wynne, now As another great South African, Desmond Tutu, said: the member for Richmond, was ours. Nelson Mandela embodied what he proclaimed. I had the privilege of being a part of a group of people I feel very blessed and privileged to have met and like the late John Halfpenny of the metal workers union spoken with Oliver Tambo and Desmond Tutu on and the Australian trade union movement and the numerous occasions and to have discussed issues of Reverend Dick Wooton of the Uniting Church who, interest — Christianity, social justice and indeed the life among thousands of others, campaigned for decades for of Nelson Mandela. the freedom of Nelson Mandela, the freedom fighter, and against the apartheid regime in South Africa. During the last few hours I have read the words of world leaders and media circles in a number of Nelson Mandela meant a lot to a lot of people, and a lot languages, and there is unanimity around the world, in to a lot of countries. But if I may say with respect, the five continents, confirming that Mandela was Speaker, he meant something very special to those universally respected and universally acclaimed. He peoples and countries that have had to emerge as new, was generous and magnanimous in victory after free and democratic nations post-apartheid, 27 long years in jail and after centuries of colonial and post-dictatorships and post-despotic regimes. It was racial divisions and oppressions. There was no nations and peoples like Uruguay, the country of my bitterness, no resentment in him. birth and youth, who successfully defeated a military dictatorship in the 1970s which incarcerated 1 in 50 of

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us, that Mandela inspired with his generosity of spirit Mr CLARK (Attorney-General) — The answer to and reconciliation. That is why the president of that question is no. These matters were conducted Uruguay today, President Mujica, who himself spent so entirely independently of my office, as is completely many years in jail and experienced inhumane treatment appropriate in the circumstances. and humiliation, said, ‘In paying tribute to Nelson Mandela we recognise the best there is in humankind’. Geelong region economy

Today I joined with the Parliament in generously Mr KATOS (South Barwon) — My question is to welcoming Senator Dr Monica Xavier, president of the Premier. Can the Premier advise the house how the Frente Amplio of Uruguay. Monica herself has endured Victorian coalition government is delivering jobs and some of these very difficult challenges. How many economic benefits for the families and businesses of the times did we hear in these countries and in so many greater Geelong region? languages, ‘If Comrade Madiba and the South Africans did it, so can we’, ‘If Comrade Madiba and the South Dr NAPTHINE (Premier) — I thank the member Africans can have a Truth and Reconciliation for South Barwon for his question and for his great Commission, so can we’, and, ‘If Comrade Madiba and interest in Geelong and the greater region of Barwon. the South Africans can build a nation based on Geelong has a strong and vibrant community, it has a magnanimity, generosity and love, so can we’. very proud history and it has an exceedingly bright future. I can advise the house that since the election of To the people of South Africa and members of the the coalition government in November 2010 there has South African community and to the distinguished been an increase in the number of jobs in the Barwon honorary Consul of South Africa and his family, we region by over 11 000 — 11 000 more people in jobs in respectfully pay tribute. A luta continua, Amandla the Barwon region under the coalition government; Awethu. more people, not less people.

Motion agreed to in silence, honourable members Honourable members interjecting. showing unanimous agreement by standing in their places. Dr NAPTHINE — Recently the government has taken further action to boost jobs in the Geelong region ADJOURNMENT and to further help diversify the local economy. On 1 December I announced that if the coalition is Dr NAPTHINE (Premier) — I move: re-elected — —

That, as a further mark of respect to the memory of the late The SPEAKER — Order! This is not a good way to His Excellency Nelson Mandela, OM, AC, CC, OJ, GCStJ, QC, GCH, BR, RSO, NPK, the house now adjourns until start question time. I am having trouble hearing the 4.00 p.m. today. answer coming from the Premier, and I am sure that other members in the chamber are also having some Motion agreed to. difficulty. I ask for some quiet. House adjourned 2.53 p.m. Dr NAPTHINE — As I said, on 1 December I announced that if the coalition — — The SPEAKER took the chair at 4.03 p.m. Honourable members interjecting. QUESTIONS WITHOUT NOTICE Questions interrupted. Crown prosecutors character evidence SUSPENSION OF MEMBER Mr ANDREWS (Leader of the Opposition) — My question is to the Attorney-General. I refer the Member for Lara Attorney-General to the decision of the chief Crown prosecutor, Mr Silbert, and the senior Crown The SPEAKER — Order! The member for Lara did prosecutor, Mr Elston, to provide a character reference not learn. He can leave the chamber for an hour and a to former magistrate Simon Cooper in Mr Cooper’s half. indecent assault trial, and I ask: did the Attorney-General have prior knowledge of either the Honourable member for Lara withdrew from chief Crown prosecutor’s intention or the senior Crown chamber. prosecutor’s intention to provide that character reference?

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QUESTIONS WITHOUT NOTICE Schoolgirls Regatta in Geelong, delivering $2 million a year of economic benefit. Geelong region economy Earlier this week I was in Geelong opening the Little Questions resumed. Creatures brewery and hospitality venue, which is another great investment in Geelong. That company has Dr NAPTHINE (Premier) — I announced that if confidence in Geelong. It is growing jobs in Geelong. the coalition is re-elected, it will relocate the head office This is a $60 million investment bringing 50 jobs in that of the Victorian WorkCover Authority to Geelong. This great brewery, which will supply Little Creatures will create 550 jobs for Geelong and put $50 million a products to the Geelong region, Melbourne and the year into the community of Geelong and region. This is eastern seaboard and provide 50 jobs in the brewery a huge boost to the economy. In the Geelong Advertiser and hospitality industry. This is about creating jobs and the newly elected mayor of Geelong, Cr Darryn Lyons, boosting the prospects of Geelong and its region. said: Crown prosecutors character evidence The Premier understands deeply our concerns about jobs and job sustainability. This is a great start. He’s seen the sweep of change in the region. Mr PAKULA (Lyndhurst) — My question is to the Attorney-General, and I refer to the minister’s previous Indeed, Elaine Carbines, a former member of the upper answer to the question asked by the Leader of the house who is well known to many people in this house, Opposition, and I ask: does the Attorney-General is quoted as having said: support the practice of senior prosecutors within the Office of Public Prosecutions (OPP) providing This would be a very welcome addition. character references for defendants in trials being And: prosecuted by the very same office?

It builds on the strength of Barwon Health and Deakin Mr CLARK (Attorney-General) — As the University, along with the TAC and NDIS. honourable member would be aware, or ought to be aware, in a criminal trial at a sentencing hearing it is It is this government that delivered the national open to any defendant to seek from people who have disability insurance scheme headquarters to Geelong, worked with him or her, who know him or her or have with 300-plus jobs. had any other contact with him or her the provision of information to the court in the form of character Of course they are not the only ones who welcome it. references to assist the court in passing sentence. That Richard Marles, the federal member for Corio, said on happens with any offender. It is a longstanding — — the ABC:

There’s no doubt that moving WorkCover to Geelong would Mr Pakula — On a point of order on relevance, be an enormous boost to the Geelong economy. Speaker, it was a very specific question. It was not about any defendant and any character reference; it was Richard Marles says it is good, the mayor says it is about character references being provided by good, Elaine Carbines and G21, the Geelong Region prosecutors within the OPP when the OPP is Alliance, say it is good, and I think the opposition prosecuting the trial. should come on board and welcome and support this decision. Ms Asher — On the point of order, Speaker, a point of order is not an opportunity for the member for Last week I was in Waurn Ponds to announce the Lyndhurst to rephrase or re-ask his question. A point of issuing of the registration and capability for the new order is to make some procedural point, and the point of $50 million Waurn Ponds community hospital, which order should therefore be ruled out of order. represents another significant investment in Geelong to improve health services, make health services more Mr Andrews — On the point of order, Speaker, accessible to the growing areas of Armstrong Creek, there was no attempt to rephrase the question because Grovedale and the Surf Coast and also to provide jobs there was no need to rephrase the question. The point of in the construction industry in the Geelong region. We order related to relevance, and the Attorney-General also announced during that visit $500 000, of which the ought to confine his answer in a relevant way to the government is contributing $250 000, for dredging and question that was asked. It is about references being upgrading the rowing course on the Barwon River, provided by those who are working in the office that is which will secure the future of the Head of the prosecuting the person for whom the reference is

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provided, so there is no need to rephrase it. The answer Mr CLARK — As I was saying, at every step in the is relevant and you ought to call him back to order. process all relevant parties took fully appropriate steps to ensure that the prosecution was conducted at arm’s The SPEAKER — Order! I do not uphold the point length from anybody who may have previously worked of order. I do so on the basis that the question referred with Mr Cooper. As I indicated in answer to the to the previous question that had been asked by the previous question, it is entirely a matter for the Leader of the Opposition, who did refer to who had individuals concerned to make their decisions as to given the letter of support. He did refer to the previous whether they provide character references in this question, so I do not uphold the point of order. matter, as indeed in any other matter.

Mr CLARK — As I was saying, this is a practice in Regional and rural investment sentencing that has been part of the criminal law for decades, if not for centuries. For an offender to have a Mr BULL (Gippsland East) — My question is to character reference presented and taken into account by the Minister for State Development. Can the minister the court is a longstanding practice within the criminal update the house on how the strong Victorian economy law. If honourable members opposite oppose that is facilitating major investment in regional Victoria, practice, they need to come out and say so. thereby creating jobs and economic opportunities for Victorian families and businesses? Mr Andrews — On a point of order, Speaker, the question did not invite the Attorney-General to run a Mr RYAN (Minister for State Development) — I commentary on what those opposite do or do not thank the member for his question. As the house support. The question very simply was: did the knows, our government has a very strong economic Attorney-General support these arrangements? management and open-for-business mantra, and it makes our state a great place for private industry to The SPEAKER — Order! It is not an opportunity invest in and create jobs. Only last week I had the great for the Leader of the Opposition to ask the question pleasure to be at Longford and to accompany Richard again. Points of order are not an opportunity to again Owen, the chair of ExxonMobil Australia, in turning ask the same question. The answer was relevant to the the first sod to mark the beginning of the construction question that was asked. of ExxonMobil’s $1 billion gas conditioning plant — $1 billion worth of investment going into Victoria. That Mr CLARK — That is the longstanding position of project will create 250 jobs during the course of the criminal law. In relation to this trial, as again I construction. It will see the work conclude by about the would hope the shadow Attorney-General would be end of 2016. It will secure the jobs of some aware, the Office of Public Prosecutions and the 1800 employees of Esso, as it is known, within the Director of Public Prosecutions went to considerable region and within the Gippsland area generally. The lengths to ensure that the trial and the prosecution of finished plant will be in addition to the $4.5 billion that trial were conducted at arm’s length from his which has already been invested by Exxon in the three office. In particular, the Director of Public Prosecutions gas fields — — made arrangements with the South Australian Director of Public Prosecutions for a prosecutor from South Honourable members interjecting. Australia to conduct the prosecution to ensure that the prosecution was conducted at arm’s length from the The SPEAKER — Order! I ask the house to come Victorian Director of Public Prosecutions. to some sort of order. If members want to have conversations with one another around the chamber, Furthermore, the County Court ensured that a judge they should go outside, not have them in here. Enough from New South Wales conducted the trial, again, to is enough. ensure that that was conducted at arm’s length — — Mr RYAN — It is obviously an orchestrated Ms Hennessy — On a point of order, Speaker, the endeavour on the part of the opposition to create question was: does the Attorney-General support the interruption. Be that as it may, the $4.5 billion practice of the chief Crown prosecutor giving character investment in the Kipper, Tuna and Turrum gas fields is evidence? If the answer is yes, he should provide that a magnificent initiative on behalf of that company. The answer and sit down. new plant will enable the development of further offshore facilities dedicated to the removal of those The SPEAKER — Order! I do not uphold the point elements of gas — namely, carbon dioxide and of order because the answer was relevant to the mercury — which have up until now made it more question that was asked.

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difficult for gas to be accessed in the first place and Mr Ryan — On a point of order, Speaker, the then used for the purposes of consumption. question clearly is out of order simply because as a matter of general course those issues are entirely in the As we know, natural gas is very important to us in hands of the court which is actually dealing with them. Victoria. This particular initiative is the largest Accordingly, whatever decisions the court may make domestic oil and gas development on Australia’s with regard to those matters rest there and are not the eastern seaboard. As a result of this initiative, there will subject of the question which is here and which should be enough gas produced, we are advised by Esso, to be devoted to government business. supply 1 million people, in a city of that order, for a period of 35 years. The project has already delivered Mr Pakula — On the point of order, Speaker, the 1300 construction jobs, and some $2.8 billion of the question went not to the decision of the court but to the $4.5 billion that has been expended on the minister’s claims about suspended sentences, and that is Kipper-Tuna-Turrum project has been spent in clearly a matter of government administration. Australia. The SPEAKER — Order! I do not uphold the point It goes to demonstrate once more that Victoria, under of order. this government, is well and truly open for business. We are continuing to encourage these forms of Mr CLARK (Attorney-General) — I thank the large-scale investment. Indeed, through the Office of honourable member for his question. This government State Development, we are focusing very clearly on is abolishing suspended sentences for all crimes in facilitating these forms of investment, on creating jobs Victoria. The previous government failed for 11 years and boosting productivity. In the 2012–13 financial to tackle this issue, and this government is taking the year, through the department, we facilitated over action that the Labor government failed to take. Under 160 projects valued at over $2.2 billion. These projects this government no offender sentenced in Victoria will are expected to create an additional 4700 jobs. be eligible for a suspended sentence.

That is only one of the projects happening recently. Mr Andrews interjected. Last Thursday I had the great pleasure to be in Wodonga with the member for Benambra where I was The SPEAKER — Order! The Leader of the able to announce a contribution of $2.1 million to a Opposition will not be warned again. $4.2 million investment which will see the development Mr CLARK — I would have thought that the of what is termed Manns Precinct in the northern part shadow Attorney-General, the member for Lyndhurst, of that city. That will create about another 400 jobs in would have actually read the legislation to which his Wodonga alone. question relates and would have followed the Other announcements have been made through the use legislation as it went through this Parliament. I would of our Regional Growth Fund, which have seen literally very much expect that he would know — if he does hundreds of jobs being created around the state. In not, he should be hanging his head in disgrace — that addition to that, just last Friday I was with the Minister each and every one of the pieces of legislation that we for Health when we had the great pleasure to open the have introduced to abolish suspended sentences has new $32 million Leongatha Hospital. This is yet applied to offending that occurs after the date of the another great investment that the government is making abolition. That is in accordance with longstanding with our local communities to ensure the future of practice when changes to statutory provisions are Victoria at large. introduced, and indeed it is compatible with longstanding principles in relation to retrospective Suspended sentences legislation.

Mr PAKULA (Lyndhurst) — My question is to the We on this side of the house are very proud of the Attorney-General. Can the Attorney-General explain reforms we have introduced to suspended sentences. how, following character references from the chief For too long under the previous Labor government’s Crown prosecutor, the senior Crown prosecutor and a soft-on-crime approach offenders could walk straight County Court judge, former magistrate Simon out of the court door, on paper subject to a jail term but Cooper received a fully suspended sentence when the in reality walking straight out and free. That is Attorney-General keeps telling Victorians that he has something that will no longer occur under our abolished suspended sentences? legislation. Any offender who offends in future, as a result of the abolition of suspended sentences that we

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4434 ASSEMBLY Tuesday, 10 December 2013

have legislated for will not be entitled to a suspended financial and debt metrics, and disciplined financial sentence. management. Because of this disciplined financial management we Government economic management have been able to have a record $6.1 billion Mrs FYFFE (Evelyn) — My question is to the infrastructure program. We have got 73 000 more Treasurer. Can the Treasurer advise the house of any Victorians in jobs than when Labor left office. There recent international assessments of the coalition are threats out there on the horizon. Moody’s sounded government’s management of Victoria’s economy, and this warning: how will this benefit Victorian families and businesses? A loosening in the government’s resolve to constrain expenditure growth … and the associated constraint in debt Mr O’BRIEN (Treasurer) — I thank the member accumulation could result in downward pressure on the for Evelyn for her question. Last Friday Moody’s rating. Investor Services released its most recent credit rating for the state of Victoria. After considering a number of What would put pressure on our AAA rating. How factors, including our economic fundamentals, our about more desalinomics from the people who think it financial performance and our debt profile, I am is great that Victorian water users pay $1.8 million a pleased to advise the house that Moody’s has awarded day every day for the next 27 years for a water plant we Victoria a AAA credit rating with a stable outlook. That have never ordered one drop of water from? How about is the highest possible rating. This follows last month’s job-killing sweetheart deals with the union movement announcement by Standard & Poor’s, also reaffirming such as unfunded new public holidays and abolishing Victoria’s AAA credit rating with a stable outlook. As a the construction code compliance unit? Worse still, result, this means Victoria is the only state or territory what about a $17 billion transport wish list that is in the country with a stable AAA rating from both unfunded, unaffordable and unbelievable? That would major credit rating agencies. trash our finances, it would destroy our AAA rating, it would put massive pressure on our state finances and it This is very welcome news for Victorians, not only would consign this state to another decade of because it is a real vote of confidence in the strength of incompetent Labor management. our economy but also because it has a very practical benefit as well. That practical benefit is worth Kananook Creek $170 million a year to Victorians. That is the difference Mr SHAW (Frankston) — My question is to the between the interest we would pay with our Minister for Water. Will the minister update the house AAA rating on Treasury bonds versus what we would on the development along Kananook Creek, which pay if we had a lower credit rating, such as includes a new upgrade of boating ramps, my Queensland’s. That is $170 million a year that we can $2.5 million campaign promise to de-silt the creek, the spend on infrastructure like hospitals, schools, public South East Water building, and the effects this will transport and roads. It is $170 million a year that we do have on Frankston? not need to take in taxes from Victorian families and businesses. Mr WALSH (Minister for Water) — I thank the member for Frankston for his question, which is around Here is what Moody’s had to say: the election commitment for the de-silting of Kananook The state’s financial performance weakened in 2008–09, Creek and the development of that particular area. It is when it moved into a deficit position (net borrowing result). my understanding that the de-silting part of that project has now been finished. Part of that project was also to Who was in government in 2008–09 when we went shift a sewerage pump that was adjacent to the creek into deficit on Moody’s measures? Of course it was the there. That pump has been moved. The creek has been Labor Party. Moody’s goes on to say: de-silted, as I understand it. What is more important for The government has implemented a budgetary redress that particular project is that South East Water is now program to narrow the deficit and stabilise the debt burden building its new head office adjacent to the creek as and its continued commitment to achieve these targets is well. A number of members of Parliament, including important to the state’s credit outlook. the member for Frankston, were with me when we What Moody’s found is that the coalition’s financial actually turned the first sod for that project. management is critical to the state’s position. It said: That project will revolutionise the Frankston CBD. Victoria’s AAA rating is well placed compared to most There will be 700 white-collar jobs moving into the Australian states and territories … reflecting their better centre of Frankston. In addition it is estimated that there

QUESTIONS WITHOUT NOTICE

Tuesday, 10 December 2013 ASSEMBLY 4435

will be another 400 jobs created in the service industries coalition’s submission to the Productivity Commission around that building coming into the Frankston CBD. is calling for funding from the commonwealth to fund The commitment which we gave in when in opposition the auto industry at current levels for the next 10 years. and which we have fulfilled in government is a great Our plan is a coordinated approach. It will give the project for the centre of Frankston and something that industry certainty, it will give the supply chain certainty will continue to give to the Frankston CBD and the and it will give all stakeholders certainty. community down there as well. Mr Pallas interjected. Automotive industry future The SPEAKER — Order! The member for Tarneit Ms MILLER (Bentleigh) — My question is to the will not be warned again. Minister for Manufacturing. Can the minister update the house on the Victorian coalition government’s Mr HODGETT — We should be at one on this strong support for the future of the Victorian issue. This is about Victorian jobs and Victorian automotive manufacturing industry? families, which are very important to our state and our economy. Of course our submission to the Productivity Mr HODGETT (Minister for Manufacturing) — I Commission is conditional; it would be irresponsible thank the honourable member for her question. The for us to ask for money to be handed over to the car coalition government believes that a strong automotive industry without conditions attached. We have two industry is very important for Australia and Victoria. conditions: the first is that over that 10-year period the We understand the importance of the industry to our auto industry does not come back time and again asking state — — for money, and the second is that we allow our supply chain access to the global supply chain. Our submission Honourable members interjecting. is considered, coordinated — —

The SPEAKER — Order! The member for Tarneit! Honourable members interjecting.

Mr HODGETT — I would have thought that the Mr HODGETT — I commend the opposition — — opposition would care about this industry and its importance to Victoria. The SPEAKER — Order! The minister should ignore the interjections. Ms Hennessy — On a point of order, Speaker, before the minister starts to verbal the opposition on its Mr HODGETT — I commend the opposition — position in respect of manufacturing perhaps he would this is an important industry on which we should be as like to be factual in respect of what the coalition one; we should put politics aside — because I note that government’s position is, before it destroys the today the opposition has announced a promise that all manufacturing sector in this — — Labor government agencies will buy and lease Australian-made cars. It is great that the opposition is The SPEAKER — Order! I do not uphold the point now on board with our policy. I congratulate the of order. opposition, because back in April we had already announced this and were doing it. The Premier Mr HODGETT — If time permits, I will get to the announced that the Victorian, South Australian and carbon tax and the fringe benefits tax, but I want to talk commonwealth governments were the only about the importance of the industry to Victoria and jurisdictions to have a policy favouring Australia. Australian-made vehicles — —

The auto industry has some 45 000 jobs in Australia, Honourable members interjecting. and 25 000 of those are in Victoria, the vast majority being in the supply chain and not just with the The SPEAKER — Order! It is very difficult when automotive manufacturers. I am told that Victoria is one the minister has got to start yelling out to try to be of 13 places in the world where a vehicle can be made heard. The behaviour today from the members of the from the concept and design stage right through to full opposition is appalling — again. Those in the gallery production. I think all of us know someone who either can see it, and they can understand where all the noise works in the automotive industry or is connected to the is coming from. I suggest that members be quiet and auto industry. That is why it is important, and as I said, listen to the answer. I would have thought that the opposition would be interested in this industry. That is why the Victorian

QUESTIONS WITHOUT NOTICE

4436 ASSEMBLY Tuesday, 10 December 2013

Mr HODGETT — It is terrific that we are at one in Mr WALSH (Minister for Water) — I thank the terms of a position to buy Australian-made vehicles for member for Prahran for his question and for his interest all government agencies, and we are glad that the in water availability for Melbourne families. As most opposition is on board with that. members of the house would be aware, the end of November is the end of the filling season for Our plan gives some certainty. There are many Melbourne’s water storages, and each year Melbourne companies which supply the automotive industry which Water forwards its water outlook to the Minister for are transitioning to other sectors — to automotive, to Water so the Minister for Water can make an aerospace and other important sectors. Futuris is one assessment about whether there need to be any changes that comes to mind, as well as Hella with its lighting to water restrictions applying in Melbourne. The water equipment. There was an example given in the Age last outlook from Melbourne Water told us that Saturday in an article about a Mr Robert Wilson in Melbourne’s water storages are 81 per cent full, which Moorabbin. He manufactures high-quality parts — is similar to the same time last year, and at a 16-year instrument lenses, brake parts and small mouldings. He high. More importantly, according to the Melbourne has transitioned his business over time to be another Water outlook the Thomson Reservoir is nearly 85 per successful story where he now markets and makes the cent fall, compared to last year when it was 76 per cent Mark Newson range of tableware. He is diversifying full. and preparing. If the federal government ceases to support the automotive industry, this type of Again, as most people in the house would know, the diversification will be at risk. Again I call on the Thomson storage makes up about two-thirds of opposition to put aside politics and be as one with us on Melbourne’s total water storages and is our drought this issue, to support our automotive manufacturing reserve. The Thomson storage is a large storage on a industry and stop being silent on the matter. relatively small catchment. When making the decision to build the Thomson Reservoir our forefathers The SPEAKER — Order! The minister’s time had designed it to fill over a number of years. It is our just run out. drought reserve, or a term deposit as a lot of people would have it, we can draw on in a drought year. We Ms Hennessy — On a point of order, Speaker, in should be grateful that our forefathers had the foresight light of the minister’s performance and in light of your to build the Thomson Reservoir. caution to opposition members in respect of their behaviour, we would also like to request that you It was announced this morning that Melbourne water uphold the standing orders in respect of the content of customers will stay on the permanent water savings all ministers’ answers. As jealous as the minister might rules, as they have been since the start of December last be of the opposition’s policy position — — year. The permanent water savings rules mean that people can use sprinklers to water their gardens The SPEAKER — Order! Next. between 6.00 p.m. and 10.00 a.m. on any day of the Crown prosecutors character evidence week they choose. They can also use a hand-held hose with a trigger nozzle at any time of the day. As we Mr PAKULA (Lyndhurst) — My question is to the know, people can no longer wash down their driveways Attorney-General. It is simple and without editorial. or hose down their paths as they used to in the past Will the Attorney-General ask the Director of Public unless it is a health issue. Otherwise they can do it once Prosecutions to end the practice of Crown prosecutors a year with a pressure washer. providing character evidence on behalf of defendants in It is interesting to look at the history of water use in serious criminal matters or not? Melbourne. If you go back to the 1990s, you realise that Mr CLARK (Attorney-General) — I have no Melburnians used in excess of 450 gigalitres of water intention of interfering with the constitutional per year. With the onset of the drought, people changed independence of the Director of Public Prosecutions. their water use and the projected water use for this year is only 374 gigalitres of water. Given the population Water restrictions growth that has occurred since the 1990s, we should give a lot of credit to the people of Melbourne for Mr NEWTON-BROWN (Prahran) — My question becoming more water conscious. is to the Minister for Water. Can the minister inform the house of the seasonal outlook for Melbourne’s water The government has a policy that we should utilise storages and what this will mean for Melbourne other sources of water for non-drinking purposes. For families the summer? example, 440 gigalitres of stormwater runs off the

SMALL BUSINESS COMMISSIONER AMENDMENT BILL 2013

Tuesday, 10 December 2013 ASSEMBLY 4437

streets and roofs of Melbourne into the bay and house, will give the small business commissioner more 443 gigalitres of wastewater is pumped out to sea. We powers to look at a broader range of commercial have a policy to make sure that water is better utilised disputes. It will ensure that small business disputes with for non-drinking purposes. If the previous government government will be subject to the jurisdiction of the had adopted policies like that, it would not have forced small business commissioner, it will allow the Melbourne water customers to now pay $1.8 million commissioner to use a broader range of dispute per day for a desalination plant that is not required and resolution services and it will make a range of other does not look like being required in the foreseeable important amendments to reflect the operation, after future. As I have said before, a young couple in 10 years, of this particular act. Melbourne buying their first home will have paid off their mortgage before they have finished paying for the Motion agreed to. previous government’s desalination plant. The previous government did not plan for Melbourne’s water future, Read first time. and it failed Victorians. DRUGS, POISONS AND CONTROLLED Ms Hennessy — On a point of order, Speaker, as SUBSTANCES (POPPY CULTIVATION this is going to be our last sitting for some time the AND PROCESSING) AMENDMENT opposition wishes to bring to your attention the fact that BILL 2013 there are over 535 unanswered questions on notice that have been provided to the government. We would be Introduction and first reading grateful if before the conclusion of this sitting week you would endeavour to make inquiries of those Mr WALSH (Minister for Agriculture and Food government ministers who have failed to answer those Security) introduced a bill for an act to amend the questions and report back to the house. Drugs, Poisons and Controlled Substances Act 1981 to provide for a licensing scheme for poppy Ms Asher — On the point of order, Speaker, there is cultivation and processing and for other purposes. no 30-day rule in the lower house as applies in the upper house. It is the same rule which applied under the Read first time. previous government, so I do not understand why the member for Altona has suddenly invented a standing LEGAL PROFESSION UNIFORM LAW order that does not exist. The government will make APPLICATION BILL 2013 every attempt to answer questions but there is no requirement on ministers to answer those questions. Introduction and first reading Mr CLARK (Attorney-General) — I move: SMALL BUSINESS COMMISSIONER AMENDMENT BILL 2013 That I have leave to bring in a bill for an act to apply the Legal Profession Uniform Law as a law of Victoria, to Introduction and first reading provide for certain local matters to complement that law, to repeal the Legal Profession Act 2004, to make transitional Ms ASHER (Minister for Innovation, Services and arrangements, to make consequential amendments to other acts and for other purposes. Small Business) — I move: Mr PAKULA (Lyndhurst) — I ask that the That I have leave to bring in a bill for an act to amend the Small Business Commissioner Act 2003 to amend the Attorney-General provide a brief explanation of the bill. functions and powers of the small business commissioner, to improve alternative dispute resolution services, to confer Mr CLARK (Attorney-General) — This is a bill to powers on the commissioner to publish information relating give effect to the uniform legal profession regulation to disputes and for other purposes. arrangements that were entered into last week between Victoria and New South Wales. Mr ANDREWS (Leader of the Opposition) — I prevail upon the minister to provide the house with a Motion agreed to. brief explanation of the bill. Read first time. Ms ASHER (Minister for Innovation, Services and Small Business) — The particular bill before the house, which celebrates the 10th anniversary of the introduction of the Small Business Commissioner Act 2003, an act that was supported by both sides of the

FENCES AMENDMENT BILL 2013

4438 ASSEMBLY Tuesday, 10 December 2013

FENCES AMENDMENT BILL 2013 1983 and the Serious Sex Offenders (Detention and Supervision) Act 2009 and for other purposes. Introduction and first reading Ms HENNESSY (Altona) — I ask the minister for a Mr CLARK (Attorney-General) — I move: brief explanation of the bill.

That I have leave to bring in a bill for an act to amend the Mr WELLS (Minister for Police and Emergency Fences Act 1968 to provide a procedure for the sharing of Services) — The bill will improve the operations of the costs between neighbours for dividing fences and a way the department of corrections deals with prisoner mechanism for the resolution of disputes about dividing fences, to make amendments about other matters in relation to interstate transfer and serious sex offenders. dividing fences, and to amend other acts and for other purposes. Motion agreed to.

Mr PAKULA (Lyndhurst) — I ask if the Read first time. Attorney-General could provide the house with a brief explanation. CHILDREN, YOUTH AND FAMILIES Mr CLARK (Attorney-General) — This bill makes AMENDMENT (SECURITY MEASURES) a range of amendments to the Fences Act 1968, as BILL 2013 indicated in the long title. Introduction and first reading Motion agreed to. Ms WOOLDRIDGE (Minister for Community Read first time. Services) — I move:

That I have leave to bring in a bill for an act to amend the JURY DIRECTIONS AMENDMENT Children, Youth and Families Act 2005 to provide for BILL 2013 security arrangements for secure welfare services, to prohibit certain actions in relation to children placed in an Introduction and first reading out-of-home care service, including a secure welfare service, or in the care of an out-of-home carer, to make amendments Mr CLARK (Attorney-General) — I move: in relation to the searches permitted in youth justice facilities and for other purposes. That I have leave to bring in a bill for an act to amend the Jury Directions Act 2013, the Evidence Act 2008 and the Ms GREEN (Yan Yean) — I ask the minister for a Crimes Act 1958 and for other purposes. brief explanation of the bill.

Mr PAKULA (Lyndhurst) — I ask the Ms WOOLDRIDGE (Minister for Community Attorney-General to provide an explanation of the Services) — As the long title suggests, this is about bill — a brief one but maybe not quite so brief. security and safety for young people in secure welfare, Mr CLARK (Attorney-General) — This bill gives out-of-home care and youth justice. effect to the second stage of the government’s jury directions reforms, incorporating a range of reforms on Motion agreed to. both the recommendations of the recent Weinberg Read first time. report and work that has been undertaken by the Department of Justice. ASSISTED REPRODUCTIVE TREATMENT Motion agreed to. FURTHER AMENDMENT BILL 2013

Read first time. Introduction and first reading

CORRECTIONS LEGISLATION Ms WOOLDRIDGE (Minister for Mental AMENDMENT BILL 2013 Health) — I move: That I have leave to bring in a bill for an act to amend the Introduction and first reading Assisted Reproductive Treatment Act 2008 and the Human Tissue Act 1982 and for other purposes. Mr WELLS (Minister for Police and Emergency Services) — I move: Ms GREEN (Yan Yean) — I request from the minister a brief explanation of the bill. That I have leave to bring in a bill for an act to amend the Corrections Act 1986, the Prisoners (Interstate Transfer) Act

BUSINESS OF THE HOUSE

Tuesday, 10 December 2013 ASSEMBLY 4439

Ms WOOLDRIDGE (Minister for Mental chief commissioner to disband the Victoria Police bands — Health) — This is actually a health bill that will provide Code One and Showband and ‘civilianise’ the pipe band. all donor-conceived people with access to information The petitioners therefore request that the Legislative about their donors where available, and in the case of Assembly of Victoria reverse this decision and that the identifying information, with the donor’s consent. In Victoria Police bands are resourced appropriately with the effect it extends the current law applying to 1988–97 recruitment of a drummer and sound technician. donor-conceived people to donor-conceived people By Mr ANDREWS (Mulgrave) (6313 signatures). conceived prior to 1988. Health practitioner abortion referral Motion agreed to. To the Legislative Assembly of Victoria: Read first time. The petition of the residents of Victoria draws the attention of the house to consider the case of Dr Mark Hobart who has BUSINESS OF THE HOUSE been subjected to a Star Chamber inquiry by the Medical Board of Victoria and AHPRA because he was unable to Notices of motion refer the patient to another registered health-care professional whom he knew would not have a conscientious objection to The SPEAKER — Order! Notices of motion 10 to aborting a 19-week-old, healthy baby because it was a girl. 19 will be removed from the notice paper unless The petitioners therefore request that the Legislative members wishing their notices to remain advise the Assembly of Victoria protect the doctors, nurses and allied Clerk in writing before 6.00 p.m. today. health professionals in Victoria, who care for mothers and their unborn children. No Victorian health professional should PETITIONS be forced to act against their conscience and refer a patient for an abortion, especially when abortions do not require referral. Following petitions presented to house: By Mr ANDREWS (Mulgrave) (6 signatures).

Aged-care facilities privatisation Aged-care facilities privatisation To the Legislative Assembly of Victoria: To the Legislative Assembly of Victoria: The petition of the following residents of Victoria, draws to the attention of the house that: The petition of the following residents of Victoria, draws to the attention of the house that: 1. the Napthine Liberal government is moving to privatise Victoria’s public sector residential aged-care facilities; 1. the Napthine Liberal government’s move to privatise public sector aged care in Victoria means that McLellan 2. despite an ageing population, the Baillieu-Napthine House in Jacana, Cyrill Jewel House in Keilor East and government has closed public sector aged-care facilities Boyne Russell House in Brunswick are at risk of in Ballarat, Castlemaine, Koroit, Kyneton, Melbourne privatisation or closure; and Williamstown and privatised one facility in Rosebud; 2. despite an ageing population, the Baillieu-Napthine government have closed public sector aged-care 3. the 2012–13 Victorian state budget update foreshadows facilities in Ballarat, Castlemaine, Koroit, Kyneton, cuts to public sector aged care of $25 million in 2014–15 Melbourne and Williamstown and privatised one facility and $50 million in $2015–16; in Rosebud;

4. Mr Napthine’s plans to privatise aged care would 3. the 2012–13 Victorian state budget update foreshadows significantly remove choices for Victorian families. cuts to public sector aged care of $25 million in 2014–15 and $50 million in 2015–16; The petitioners therefore request that the Legislative Assembly of Victoria urgently calls on the Napthine 4. Mr Napthine’s plans to privatise aged care would government to stop the privatisation or closure of these significantly remove choices for Victorian families. facilities. The petitioners therefore request that the Legislative By Mr ANDREWS (Mulgrave) (140 signatures). Assembly of Victoria urgently calls the Napthine government to stop the privatisation of McLellan House in Jacana, Cyrill Jewel House in Keilor East and Boyne Russell House in Victoria Police bands Brunswick. To the Legislative Assembly of Victoria: By Ms CAMPBELL (Pascoe Vale) (138 signatures). The petition of residents from Victoria draws to the attention of the house that a decision has been made by Victoria Police

SCRUTINY OF ACTS AND REGULATIONS COMMITTEE

4440 ASSEMBLY Tuesday, 10 December 2013

Preston Girls Secondary College DOCUMENTS

To the Legislative Assembly of Victoria: Tabled by Clerk:

The petition of certain residents of Preston electorate draws to Australian Children’s Education and Care Quality the attention of the house the Victorian government’s plans to Authority — Report 2012–13 close Preston Girls Secondary College. We note that: Interpretation of Legislation Act 1984 — Notices under 1. the Victorian government is selling the land formerly s 32(3)(a)(iii) in relation to: occupied by the Northern School for Autism in Preston, despite a plea from Preston North East Primary School Order varying the State Environment Protection Policy community, which wants the land for its growing school (Prevention and Management of Contamination of population; Land) (Gazette G48, 28 November 2013)

2. Preston Girls was Preston’s first state secondary school. Statutory Rule 133 (Gazette G49, 5 December 2013) The school was purpose built and its destruction, if sold and demolished, would be a sad loss to the Preston Parliamentary Committees Act 2003 — Government community. response to the Law Reform Committee’s Report on the Inquiry into Sexting The petitioners therefore request that the Legislative Assembly urge the Victorian state government not to sell the Planning and Environment Act 1987 — Notices of approval Preston Girls site, but should instead retain it for public of amendments to the following Planning Schemes: education. Banyule — C91 By Mr SCOTT (Preston) (785 signatures). Campaspe — C99

Tabled. East Gippsland — C100, C111 Ordered that petitions presented by honourable Hume — C156 member for Mulgrave be considered next day on Indigo — C52, C54 motion of Mr ANDREWS (Mulgrave). Macedon Ranges — C88, C94 Ordered that petition presented by honourable member for Pascoe Vale be considered next day on Maroondah — C90 motion of Ms CAMPBELL (Pascoe Vale). Maribyrnong — C95, C117 SCRUTINY OF ACTS AND REGULATIONS Mitchell — C87 COMMITTEE Moreland — C131 Alert Digest No. 17 Mornington Peninsula — C135 Part 2

Ms CAMPBELL (Pascoe Vale) presented Alert Mount Alexander — C63 Digest No. 17 of 2013 on: Nillumbik — C84 Local Government Amendment (Performance South Gippsland — C66, C68, C87 Reporting and Accountability) Bill 2013 Stonnington — C161, C163, C169 Transport (Compliance and Miscellaneous) Amendment (On-the-Spot Penalty Fares) Bill Strathbogie — C50, C65, C67 2013 Surf Coast — C74 Planning and Environment (Fees) Further Interim Regulations 2013 (SR No. 127/2013) Swan Hill — C46, C47 Subdivision (Fees) Further Interim Regulations Wodonga — C87, C102 2013 (SR No. 128/2013) Wyndham — C203 together with appendices. Statutory Rules under the following Acts:

Tabled. Bail Act 1977 — SR 141

Ordered to be printed. Children, Youth and Families Act 2005 — SRs 140, 145 Public Health and Wellbeing Act 2008 — SR 143

ROYAL ASSENT

Tuesday, 10 December 2013 ASSEMBLY 4441

Racing Act 1958 — SR 144 ROYAL ASSENT Victorian Civil and Administrative Tribunal Act 1998 — SR 142 Message read advising royal assent on 3 December to: Subordinate Legislation Act 1994: Crimes Amendment (Investigation Powers) Bill Documents under s 15 in relation to Statutory Rules 143, 144, 145 2013 Emergency Management Bill 2013 Documents under s 16B in relation to: Road Legislation Amendment Bill 2013. Family Violence Protection Act 2008: BUSINESS OF THE HOUSE Specification of postcode areas of residence of respondents for the making of counselling Program orders in relation to the Ballarat venue of the Family Violence Court Division of the Magistrates’ Court of Victoria Ms ASHER (Minister for Innovation, Services and Small Business) — I move: Specification of postcode areas of residence of respondents for the making of counselling That, under standing order 94(2), the orders of the day, orders in relation to the Frankston venue of government business, relating to the following bills be the Magistrates’ Court of Victoria considered and completed by 4.00 p.m. on Thursday, 12 November 2013: Specification of postcode areas of residence of respondents for the making of counselling Court Services Victoria Bill 2013 orders in relation to the Heidelberg venue of the Family Violence Court Division of the Drugs, Poisons and Controlled Substances Amendment Magistrates’ Court of Victoria Bill 2013

Specification of postcode areas of residence Electricity Safety Amendment (Bushfire Mitigation) Bill of respondents for the making of counselling 2013 orders in relation to the Moorabbin venue of the Magistrates’ Court of Victoria Energy Legislation Amendment (General) Bill 2013

Gambling Regulation Act 2003 — Notice under Gambling Regulation Amendment (Pre-commitment) s 3.6.5A Bill 2013

Magistrates’ Court Act 1989 — Specification of Local Government Amendment (Performance Reporting postcode areas for proper venue in relation to a and Accountability) Bill 2013 proceeding in respect of which the Family Mineral Resources (Sustainable Development) Violence Court Division has jurisdiction Amendment Bill 2013 Racing Act 1958 — Greyhound Racing Victoria — Public Administration Amendment (Public Sector Rule Amendments Improvement) Bill 2013 Wrongs Act 1958 — Notice under s 28LXA (Gazette G47, 21 Sustainable Forests (Timber) and Wildlife Amendment November 2013). Bill 2013. The following proclamations fixing operative dates There are nine bills on the program — and of course were tabled by the Clerk in accordance with an order of there was the condolence motion. I acknowledge that the house dated 8 February 2011: this is a larger business program than is usually Bail Amendment Act 2013 — Whole Act — 20 December presented to the Parliament, although I have seen a lot 2013 (Gazette S419, 26 November 2013) more bills in one business program under the previous Labor administration in the last sitting week of Children, Youth and Families Amendment Act 2013 — Parliament prior to Christmas. I remind the house that Whole Act — 1 December 2013 (Gazette S419, 26 November 2013) two sitting weeks ago, because the government did not achieve a government business program, only one bill Courts Legislation Amendment (Judicial Officers) Act was passed. If one puts it in the context of one 2013 — Part 1 and Part 4 — 1 January 2014 (Gazette S431, 3 December 2013) bill — —

Education and Training Reform Amendment (School An honourable member interjected. Attendance) Act 2013 — Whole Act — 1 January 2014 (Gazette S419, 26 November 2013). Ms ASHER — Nothing to do with it. In the context of that week it is probably not a bad program, but I

MEMBERS STATEMENTS

4442 ASSEMBLY Tuesday, 10 December 2013

acknowledge that nine bills is more than the MEMBERS STATEMENTS government would normally ask to be considered. West Gate distributor In terms of second-reading speeches, the member for Altona and I have had a discussion about the best way Mr NOONAN (Williamstown) — Building the to handle these, and we have come to a compromise — West Gate distributor is an important part of Labor’s I think that would be the correct term to describe it — comprehensive transport plan, Project 10 000. That is a that is, that there will be 1 hour of second-reading great number, as it means 10 000 jobs for Victorians, speeches after committee reports on Wednesday, that including 600 jobs to get 5000 trucks a day off the West the house will sit later on Thursday and that there will Gate Bridge. 1 be approximately 1 ⁄2 hours of second-reading speeches after 4.00 p.m. After those second-reading speeches we VicRoads estimates that more than 20 000 heavy will be proceeding by agreement to the adjournment vehicles use local roads in Melbourne’s inner west. debate. We thought that would be a bit fairer on With the port of Melbourne’s continual growth in members and allow greater opportunity to participate in container trade, it is reasonable to expect that the debate on the bills before the house. number of trucks traveling through narrow streets such as Francis Street, Somerville Road, Williamstown Road There will be three bills per day. That is how we will and Moore Street is likely to double over the next start it. Again, I am always happy to receive comments couple of decades unless a solution is delivered. from the opposition and indeed comments from government members as to what bills they might like to That solution is the West Gate distributor. It is a return to if certain bills are not the subject of debate — solution that has been welcomed with open arms by my or extensive debate, anyway. In the interests of local community. Consider the comments of the proceeding to debate, I shall conclude my comments Maribyrnong Truck Action Group’s president, there. I understand we will have one speaker from each Samantha McArthur, who recently told the side. Let us get on with the debate. That is the Maribyrnong and Hobsons Bay Weekly that Labor’s government business program. plan was ‘a policy focused on putting infrastructure into existing problem spots’. Ms HENNESSY (Altona) — In a rare act of bipartisanship in this house, I rise to indicate that the The community supports this project — in fact it is opposition does not oppose the government business almost impossible to find anyone who is opposed to program. It is perhaps a misconceived Christmas it — but there is one person opposed to this project. present. In sincerity, we are not opposing it because we That person is none other than Liberal upper house MP recognise the fact that the government has provided us Andrew Elsbury, a member for Western Metropolitan with a compromise in respect of the timing of Region in the Council. I say to Mr Elsbury: come and second-reading speeches. We still maintain our doorknock local residents in the inner west. Ask them in-principle opposition to important debating time what they think. Have the courage to tell them that your being utilised for second-reading speeches; however, in party is opposed to this project. He will not do that this case there are two important issues we base our because he knows that Labor’s plan to redirect trucks lack of opposition to the government business program away from residential streets has substantial community on. support.

The first issue is that we felt that it was right and proper Regional and rural tourism that Nelson Mandela be condoled and that we have a 1-hour adjournment in order to pay appropriate respect. Ms ASHER (Minister for Tourism and Major We felt that was a very important matter. Secondly, I Events) — Tourism is a major contributor to regional recognise that the government has provided us with a Victoria, generating $10.9 billion in economic activity compromise in respect of the timing of second-reading and employing almost 110 000 people. Regional speeches. Rather than provide some reflections on the Victoria has a greater reliance on tourism than heavy program we have this week, I recognise that this Melbourne does as a proportion of its economy. is important time in respect of debating time, the more Last week, along with the member for Gembrook, I was of which is used the more we make a contribution to pleased to release Victoria’s Regional Tourism Strategy this very debate. With those brief comments, we wish 2013–2016 at Puffing Billy’s Lakeside railway station to get on with the government business program. in Emerald. The government’s challenge is to ensure Motion agreed to. that more Victorians travel within the state, as well as

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encouraging interstate and international visitors to Clare Nichols, treasurer Judy Owen and general venture outside Melbourne. members Helen Tanner and Cecile Wheare. On behalf of the Narre Warren South community I would like to The strategy the government released sets out five key thank all those who have been involved with the areas to address this: marketing, digital excellence, mechanics institute over many years. The mechanics major events and business events, investment attraction institute — and especially the beautiful and magnificent and infrastructure support, and industry development. trees on the property — is worthy of our preservation and support well into the future. Our commitment is also reflected in a number of regional tourism funding initiatives, including His Excellency Nelson Mandela, OM, AC, CC, $13.2 million over four years in the 2012–13 budget, a OJ, GCStJ, QC, GCH, BR, RSO, NPK further $8 million over four years in the 2013–14 budget and $4.4 million specifically for Puffing Billy in Ms RYALL (Mitcham) — I was honoured today to the 2012–13 budget. The government is committed to host chair Mary Mahloko-Boardman, deputy chair ensuring that regional Victoria continues to share in the Dr Nakedi Keetse and members of the South African benefits of tourism growth across Victoria. It is a Australian Group for Nelson Mandela’s condolence $19 billion industry now. As I said, the challenge for motion. Marking the life of Madiba, who led South the government is to ensure that the benefits of tourism Africa to unity against the oppression and injustice of spread out of Melbourne and into regional Victoria. apartheid, was overwhelming and brought tears to the eyes of many present. Having celebrated Freedom Day Narre Warren Mechanics Institute Hall in Melbourne with members of this community, I know how grateful and indebted they are to this most amazing Ms GRALEY (Narre Warren South) — On Sunday, man, who brought them to a place of freedom. 24 November, the committee of Narre Warren Mechanics Institute Hall recognised the tireless Whitehorse Business Group dedication of former committee member Mrs Judith Allen. Mrs Allen contributed to the committee of Ms RYALL — I recently attended the Whitehorse management for over 30 years. Sadly she passed away Business Group’s awards gala dinner. Whitehorse in 2012. Mrs Allen’s contribution was recognised Business Group is a rapidly growing and vibrant group through a beautiful memorial garden. The ceremony of businesses from across the city of Whitehorse that was enjoyed by family and friends. hold regular forums to assist businesses to grow, to learn and to share information. This event is one of the I also had the honour of unveiling a plaque hallmarks of this successful business group. I commemorating the opening of the hall. Narre Warren congratulate all the award winners and finalists across Mechanics Institute was opened in November 1891 on all categories. With 15 years in business under my belt, land donated by a local farmer, Mr Sidney J. Webb, and I know and understand the challenges that business, and moneys raised through donations and collections — in particular small business, faces every day, every £384-15s. The state government gave a total of £490 in week and every year. The challenges are vast. The subsidies to the committee, and the local member of regulations that a business has to comply with before it Parliament, Mr John Keys, MLA, donated annually even opens the doors each day are quite significant. I £1-1s. commend all businesses involved in the Whitehorse The mechanics institute was very important for the Business Group, and I commend the committee on an local community and the local workforce. The institute outstanding service. helped workers with education and schooling to keep Families cost of living them up to date with the needs of the industrialised workplace. I am humbled to think that this organisation, Ms D’AMBROSIO (Mill Park) — I rise on behalf established over 100 years ago, shares features with our of the many Victorian families who are struggling to current Victorian certificate of applied learning and pay their energy bills to address this government’s alternative schooling pathways programs, which I failure to have a plan to tackle the cost of living. This heartily support. government won an election on the back of a promise to cut the cost of living, and all we have seen over the The mechanics institute has been exceptionally well led last three years is a worsening situation for families. since its establishment, and continues to be led by a Reports from the Essential Services Commission and terrific board of management, including president the Energy and Water Ombudsman Victoria show Russell Owen, vice-president Colin Smith, secretary significant increases in complaints by consumers

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against energy retailers, yet these have fallen on deaf summer around fire, drive carefully on our roads and ears. In the last year alone we have seen a 22 per cent act responsibly. If we all follow these simple rules, I increase in the number of complaints to the energy trust that this Christmas will be one to remember for the ombudsman and a 52 per cent increase in complaints right reasons. Do not drink and drive, do not text and about contract terms and transfers — clear and drive, concentrate on the road and make sure there are independent evidence that this government is now no empty seats at your family dinner. Merry Christmas choosing to ignore. to all in the Parliament and to those in the Gembrook electorate. Victorian families are facing higher than ever cost of living pressures, but this government has responded by Dr David Warner axing the homebuyers grants program, capping energy concessions, abolishing the premium standard feed-in Mr HERBERT (Eltham) — I rise to recognise the tariffs, scrapping the solar hot-water rebate and truly magnificent achievements of Dr David Warner as reneging on an election promise to retrofit existing he retires from 14 years service as principal of Eltham homes to 5-star energy efficiency ratings. We have just College and his lifetime commitment to educating our discovered that the government will also be cutting young people. David is a great education reformer and back the funding for in-the-field financial counselling innovator. He strives to recognise the achievements of services right across the state. Drivers licence renewal the Eltham College community and individual students, fees, vehicle registration, public transport fares and building their confidence and self-esteem to prepare working-with-children application fees are going up. them to be successful members of our 21st-century All we get from this government is increases in fees global economy and society. David has had an and charges for Victorian families and no cost — — immense and very positive impact on the school’s culture and facilities. He has overseen the development The SPEAKER — Order! The member’s time has of Eltham College as a model of education excellence. expired. In addition to providing extensive academic opportunities for students, in his time David has Christmas felicitations overseen the development of the state-of-the-art Swipers Gully hospitality training centre, the Mr BATTIN (Gembrook) — As the sitting of development of the college city school, great Parliament draws to a close for the year, I would first improvements to sporting facilities and much more. like to wish all the staff, security and protective services officers a wonderful Christmas. We appreciate the work David’s biography outlines his extensive career as an they do in this place and the level of expertise of the educator. He began as a teacher and principal in 1987 in clerks, who ensure that the Parliament runs smoothly. I senior colleges in Queensland. He has been a TAFE extend the Christmas cheer to all members of and community college director, directed a higher Parliament, including those opposite, and wish all a safe education college in the United Arab Emirates and return in 2014. established a labour market policy and research unit for the Queensland government. His books, Schooling for However, I would like to remind all members that we the Knowledge Era and Transforming Schools for the need to ensure that we get the message out in our 21st Century Knowledge Era — A Case Study, define communities, particularly those in high fire danger 21st century schooling and create a sense of urgency areas, that now is the time to prepare for the upcoming around the need for education that takes into fire season. Just yesterday there was a lot of rain across consideration young people and the world in which the Dandenongs. Whilst this will delay the start of the they live. He is an accomplished speaker and educator, season, there is nothing more certain than that we will has conducted workshops and given keynote addresses have fires in Victoria, as we do every year. The at prestigious international forums. I personally wish to message is simple: have a plan, leave early and live. thank David for the amount of time he has given to me I was pleased to see the Minister for Police and in sharing his ideas and helping me to understand the Emergency Services today announcing with Victoria education needs of people in Victoria. Police a task force of more than 200 police for crime The SPEAKER — Order! The member’s time has detection and prevention of arson. The increase in arson expired. attacks is a concern and will not be accepted. If people see anything suspicious, they should report this to the police, and they will act. I implore those in my community and in Victoria as a whole to take care this

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Fire Awareness Awards teaching practice placement days and age groups. The change was from 45 supervised teaching practice Mr WELLS (Minister for Bushfire Response) — It placement days to specifically 45 days to be spent with was an honour last week, along with the member for students between the ages of three and eight years, even Gembrook and the fire services commissioner, Craig though the student course is for preschool teaching of Lapsley, to take part in presenting the 2013 Fire children up to five years old. Awareness Awards. The Fire Awareness Awards are held annually to acknowledge excellence among The course providers dispute the notice given, but even individuals, groups and organisations whose projects if the AITSL did notify them in June, this time period reduce the incidence or impact of urban and rural fires would not have given them sufficient notice or in Victoria. The awards are a demonstration of transition period to revise their programs. I believe any Victorian coalition government support for local change of policy without sufficient notice and transition communities in better protecting themselves from period would be unlawful. This decision is bushfires and house fires. They highlight strong discriminatory, unethical and unprofessional. Unless it partnerships between Victoria’s fire services and their is revoked immediately these students will have to diverse community stakeholder groups. return home due to expiring visas, which brings into question Australia’s professional standards — — The annual awards are a joint initiative of the Country Fire Authority, the Metropolitan Fire Brigade and the The SPEAKER — Order! The member’s time has Department of Environment and Primary Industries and expired. have been running for almost 30 years. This year, awards were presented across 10 categories. There was North-eastern Victoria tourism also the RACV Insurance fire innovation grant of up to $10 000 and special incentive grants of $2000 funded Dr SYKES (Benalla) — I encourage people to by the Country Fire Authority, the Metropolitan Fire holiday in north-eastern Victoria this summer. They Brigade and the Department of Environment and should come and enjoy our fantastic lakes, rivers, high Primary Industries. Almost 100 incredible projects were country, accommodation and amazing natural beauty. submitted by community groups, fire brigades, Things to do include enjoying our local food, wine and municipalities, product designers and fire agencies beer and taking part in activities such as hiking, fishing, across the state. horseriding, bike riding, rafting, boating and adventure and ecotourism. Places like Woods Point, which I The calibre of entries shows how communities across visited last week, have their own unique charm. Woods Victoria are working together to save lives by reducing Point is in a beautiful forested valley. It has a great pub, the number and impact of fires. Every year, thousands a museum which houses many relics from the gold rush of firefighters and personnel, both paid and unpaid, era and a store which is open seven days a week. work to prepare for and fight fires. Victoria boasts more than 100 000 volunteers. The coalition government, Tourism Victoria, Tourism North East and other tourism bodies are working hard The SPEAKER — Order! The minister’s time has to promote and support tourism throughout the region, expired. including through the recent launch of a new tourism strategy. We are also supporting our local communities Early childhood teachers skills assessment and businesses through the $1 billion Regional Growth Fund. As we enjoy Christmas and the holiday period it Mr LIM (Clayton) — I rise to express my is important that we remind everyone to keep safe: to disappointment with the Australian Institute for get their fire plans in place, to look after frail and Teaching and School Leadership (AITSL), which on elderly neighbours on extreme heat days, to not leave 22 October this year retrospectively changed the criteria children and pets in hot cars, to be safe and vigilant for skills assessment for students completing their around water, and to practice safe boating and driving. graduate diploma in early childhood teaching. This North-eastern Victoria is a great place to visit, and I decision means that international students who have encourage all members to come along and enjoy it. qualified for this course are now not able to receive a skills assessment, effectively cutting these students off Christmas felicitations from seeking employment as preschool teachers in Australia. The AITSL has indicated that in June advice Dr SYKES — I also endorse the member for was given to the teaching bodies, RMIT and Monash Gembrook’s remarks in wishing everyone — the staff University, of a change in the number of supervised and all members — a joyous and safe Christmas.

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Sunbury municipality Victoria, Bob Taylor, who joined with me in congratulating 1st Churchill Scout Group leader Peta Ms BEATTIE (Yuroke) — I was staggered to read Whelan along with Jeff Kemp and their team of comments by one of the Sunbury-based Hume city volunteers for their amazing dedication and efforts. councillors in the Hume Leader regarding the issue of Sunbury out of Hume. The recently held vote on this On the same day I also joined with Mr Taylor in matter was based on the KPMG report, which clearly attending the 90-year celebrations of the Yinnar Scout articulated that Melbourne Airport remains part of the Group. Colin Richards and Leanne Millsom in municipality administered by Hume City Council. particular, along with their local leaders, did a fantastic job in recognising the history of the Yinnar Scout Cr Medcraft’s comments that including the airport in Group, and it was terrific to see many past members any newly formed Sunbury municipality ‘provide a attending along with current junior members. financial base to start Sunbury programs and improve facilities for residents’ goes to the very heart of the Lions Club of Morwell 50th anniversary viability of this proposal in the first place. Is Cr Medcraft conceding that a Sunbury municipality in Mr NORTHE — I was pleased to also attend the itself will not have a viable rate base to be Lions Club of Morwell 50th charter anniversary. The self-sustaining without residents being hit with club has given extraordinary community service over exorbitant rate rises? Perhaps the councillor has taken those 50 years, and its support of local organisations heed of the minister’s concession in the and charities through its fundraising efforts and Sunbury & Macedon Ranges Weekly on 6 August, in generous volunteerism is simply remarkable. During which she is reported to have stated: the evening, the resolute Max Williamson was honoured for 35 years service, Ken Dunn for 25 years, If Sunbury residents and a new council decide they don’t Colin McCowan for 10 years and current president Bill want to have the same level of services, then that is up to Robinson for 10 years. Well done again to all them to decide and the costs will change. associated with the Morwell Lions Club on such a great The idea that any current councillor should be entitled achievement. to cherry pick the city’s assets along with saying which areas of the municipality should be excluded and Olympic Village Exodus Community included in any new boundaries is preposterous. Mr CARBINES (Ivanhoe) — I rise to commend the Cr Medcraft’s statements smack of ignorance. Saying, courage and resilience of the Olympic Village Exodus ‘It would fit in well with the area because a large Community in Heidelberg West. Recently I attended number of people in Sunbury work at the airport’ is the launch of Stories of Hope, a collection of personal hardly a valid or justifiable — or even worthy — stories of hardship and resilience told by some of the rationale. There are 14 300 people working at residents of the Olympic Village. Reading through the Melbourne Airport, and 28 per cent of those reside in book, I found that each person who shared their story the city of Hume. The suggestion that one of this state’s was known to me through their contribution to and most significant employers — — participation in our local community. To quote from the The SPEAKER — Order! The member’s time has book: expired. Woven through these stories are issues of loss, abandonment, abuse, stigma, mental illness and addiction. Yet shining Churchill and Yinnar scout groups through each one is a sense of hope touched with faith and an awareness of the presence of grace. Mr NORTHE (Morwell) — Last Saturday I had the pleasure of representing the Minister for Youth Affairs I acknowledge and thank the irrepressible Brother in officially opening the redeveloped Churchill scout Harry Prout and Sister Sally Bradley, who have done so hall, which benefited from a $25 000 grant through the much for the Exodus Community in Heidelberg West. I $4 million Victorian government’s scouts and guides thank the Archbishop’s Office for Evangelisation for its facilities grants program, which has supported support of this project. The Catholic Church is at its approximately 76 projects across the state. The best locally when it walks the hard road of ordinary 1st Churchill Scout Group has done a remarkable job in people. transforming the hall into a modern and integrated facility that will assist scouts, rovers, venturers and cubs Banyule Housing Support Group in the local community. This sentiment was also Mr CARBINES — The Banyule Housing Support supported by the chief commissioner of Scouts Group was established in 1973 by the St Martin of

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Tours parish, Rosanna, soon after a woman knocked on 6th Melbourne scout group the door of the parish house seeking help with finding accommodation. Today it is a well-respected Ms KANIS (Melbourne) — On Saturday, community organisation serving homeless people and 7 December, an excited group of scouts and their people who are at risk of homelessness in the city of families gathered at the McCracken Street scout hall to Banyule and its surrounding environment. I was celebrate the reopening of the hall. The hall, which had pleased last month to attend the annual general meeting been in disrepair for a number of years, has a new floor, of the Banyule Housing Support Group, and I pay new paintwork and a new garden. The community of tribute to the president, Joseph Morris, JP, and the the 6th Melbourne Scout Group should be board for its leadership this year. congratulated for their hard work and dedication in securing the funds for the renovations and in Throughout 2012–13 the workers assisted 116 people undertaking much of the work themselves. It was in resolving their housing crises. Of these 116 people, evident from the activities on show that scouting is 66 per cent were housed or remained housed in private alive and well in Kensington. We had a sausage sizzle; rentals and 29 per cent were supported in transitional plant, craft and cake stalls; puppet shows; and musical properties. The workers also managed 2709 contacts. I performances. Congratulations to everyone involved on commend them for their work. finishing this stage of the renovation. Keep Christmas in Carrum Carlton Primary School awards

Mrs BAUER (Carrum) — On 1 December I had the Ms KANIS — On Monday, 3 December, I had the pleasure of initiating the Keep Christmas in Carrum pleasure of presenting two awards at Carlton Primary campaign. The campaign urges people to think locally School. I attended the whole school assembly and was when looking for gifts this Christmas. With very impressed by the students who ran the assembly 100 suggested ways to keep Christmas in the Carrum with such control, skill and poise. I was also impressed electorate, people are surprised to find that everything by the good behaviour of all the students during the they need and more is available right on their doorstep. assembly on what was a very hot and sticky day — Everyone wins. Not only do businesses benefit they were attentive and enthusiastic about proceedings. financially but consumers have the convenience of The two awards went to Jaeda and Salma. Jaeda and getting everything they need close to home while Salma were awarded for their hard work and supporting local enterprises and employment and perseverance. Both students had achieved their goals by generating local jobs at the same time. working hard and not giving up. Congratulations to all the students and staff on a great year. Whilst there are many places to pick up more traditional gifts, such as books and clothing, I am Flat Out 25th anniversary encouraging our community to think outside the square. For example, pre-buy a Christmas ham or turkey from Ms KANIS — I would also like to recognise Flat your local butcher for family or friends; check out the Out Inc. on 25 years of advocacy and support for local gift shops or order your shortbread from the women who have had contact with the criminal justice neighbourhood bakery; support local tradespeople and or prison systems in Victoria. Their work has supported arrange a gift of lawn mowing, car detailing, ironing or many women and their families and children. gutter or window cleaning; give a meal voucher; find a bargain at the local opportunity shop; or arrange a Kingston Residents Association music lesson or the opportunity to learn a new sport. Ms WREFORD (Mordialloc) — I applaud The Carrum electorate covers the area from Bonbeach grassroots involvement in our community. The to Bangholme and Seaford to Carrum Downs, and is Mordialloc electorate is fortunate to have many flush with fabulous shopping, wonderful eateries, residents actively making our community a better place. excellent tradespeople and a vast range of goods and However, it came as a surprise to organisers of the services. Prices are competitive and the service is great, recent Kingston Residents Association (KRA) annual so there is no need to go anywhere else. I encourage general meeting that I attended to see the list of people to visit my Facebook page for 100 great ways to pre-approved invitees. Mark Dreyfus, MP, was invited, keep Christmas in Carrum and on how to support our as were, according to the KRA minutes, ALP branch local businesses in this holiday season. election helpers. Of the 15 well-known local Labor identities who make up the KRA membership, three are Labor pre-selection hopefuls: Chris Ranson, Tim

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Richardson and Nick Eden, father of Kingston Labor drug ice is a problem in all communities, and the people councillor, David Eden. of Mildura are taking the problem very seriously. I was impressed with how all the agencies are working At the meeting, the treasurer’s report said Kingston together against a growing problem. Labor councillors have propped up this front with $2500 in ratepayer-funded councillor ward funds. This Mildura pilot training includes sums of ratepayers money funnelled into the group by Cr David Eden, who has not declared a Mr CRISP — The Fast Track Pilot Training conflict in supplying this group with funny money, partnership was officially launched last Friday by the despite the fact that his father is one of the faceless men Minister for Higher Education and Skills, Peter Hall. running this group. The Kingston Residents This is a partnership between Fast Track Pilot Training, Association is a closed shopfront for local Labor SuniTAFE and Mildura Airport. The addition of this campaign activities fuelled by Kingston ratepayers business will further enhance Mildura’s economy both money. The KRA is a desperate attempt by Labor’s from a training perspective and in terms of the flow-on faceless men in the south-east to try to cover up the business generated from housing and training the 11 years of neglect Labor inflicted on the Mordialloc students in Mildura. community while in government. Mildura scout hall Macedonian Orthodox community Kinglake monastery Mr CRISP — The 2nd Mildura scout troop lost its hall in a fire in 2004. After nine years of fundraising Ms HALFPENNY (Thomastown) — On Sunday, I and hard work the new hall was opened last Sunday. attended the Macedonian Orthodox community’s The government contribution of $50 000 was gratefully reopening of the St Kliment monastery in Kinglake. acknowledged at the opening as the contribution that Many residents of the Thomastown electorate are got the project over the line. Scouting and guiding are a members of the Macedonian Orthodox community. The great part of the life of my electorate, and I wish the bushland in Kinglake was purchased by the community movement and the 2nd Mildura troop every success in many years ago to serve as a meeting place and picnic making acquiring common-sense fun. destination where families could meet and celebrate, introducing a tradition brought from Macedonia Fruit fly control whereby members of a village would picnic together, Mr CRISP — I would like to acknowledge the particularly on special occasions such as village saint positive and pragmatic approach Sunraysia Citrus days. Further money was raised to build the St Kliment Growers is taking in the continued protection of the monastery, but the monastery and surrounding industry from the threat of fruit fly. Chairman Vince bushland were burnt down in the 2009 bushfires. Demaria and his board met with the minister and have However, like many others in the Victorian community, worked hard to pick up the pieces after the demise of the members of the Macedonian Orthodox community the Murray Valley Citrus Board. The Queensland fruit worked tirelessly to raise money, rebuild the monastery fly is a persistent and resilient pest, and strong industry and replant the burnt and fire-cleared land. support will be required to maintain the pest-free status This was a great occasion and further demonstrated the of the area, which is vital. hope, courage and resilience of Victorians in the face of the horrors of the bushfires of 2009. I would like to Werrimull tourist guide thank the host of the occasion, the president, Mr Con Mr CRISP — Congratulations to Cheryl Benson Christov, the president of the women’s committee, and the community of Werrimull for putting together an Mrs Fay Vasilevski, Mr Jason Kambrovski of the informative tourist guide for their small but vibrant Australian Macedonian Human Rights Committee and community. Mr Koste Kolevski of the Tanec dance group for inviting me to this great celebration and explaining the St Kilda public housing communal facility traditions to me. Mr FOLEY (Albert Park) — I was pleased recently Mildura drug treatment agencies to attend the Chanukah festival at the Office of Housing communal facilities at 150 Inkerman Street, St Kilda. Mr CRISP (Mildura) — I would like to thank all The event was organised with the assistance of the the presenters at the Law Reform, Drugs and Crime National Council of Jewish Women of Australia. It was Prevention Committee hearing in Mildura. Use of the well attended by the residents of the estate, mostly

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elderly Jewish community members from Eastern connectivity, improving academic standards, Europe. I was, however, shocked by the poor standard value-adding, strong student leadership and a robust of the facility the group was forced to endure as part of student voice. The plan is not about sport at an elite its event. It was unclean, dirty, cluttered and dangerous. level; it is about using sport as an opportunity to change The state of the facility suggested serious neglect over a the lives of students. It is about social engagement, number of years. interaction with the community and a healthy lifestyle. It is about using sport as a vehicle to break down Upon checking with the contracted operator of the barriers to inclusion, thereby fostering self-confidence facility, the Port Phillip Community Group, I was and improving learning and attainment levels. further disappointed to learn that as a result of cuts from the Napthine government to the community support and The school’s retention rate continues to rise, delivering facilities program there were no resources or capacity to long-term benefits for both students and the address the issues I encountered. In short it seems these community. I congratulate Sarah and her team for their elderly residents, at least one of whom is over 100 years great work so far, and I look forward to continuing to old, were required to clean and maintain the facility work with the school community as the project themselves or it would not be done. Given the extent develops and matures. and nature of the work and investment required, this is clearly beyond them and their resources. The SPEAKER — Order! The member for Pascoe Vale has 20 seconds. I call on the Minister for Housing to immediately carry out a full inspection of the facility in consultation with Aged-care facilities privatisation the National Council of Jewish Women of Australia and other regular users of it to immediately fund the Ms CAMPBELL (Pascoe Vale) — Lorraine Woods identified and agreed changes and to review the and I say shame on the Minister for Ageing for failing government’s harsh cuts to the broader facilities and to answer our correspondence of 17 July on concerns tenants facility program and ensure that suitable about the government’s decision to privatise aged-care resources are available to ensure that our public tenants facilities in Victoria. Workers are being kept in the dark are treated decently. about the government’s proposals when their employment security is now in question. Mornington Secondary College sports The SPEAKER — Order! The time for members specialisation program statements has now concluded. Mr MORRIS (Mornington) — Today I rise to advise the house of the excellent work being DRUGS, POISONS AND CONTROLLED undertaken by Mornington Secondary College, ably led SUBSTANCES AMENDMENT BILL 2013 by principal Sarah Burns. The college has become a leader in education on the peninsula, creating many Second reading exciting and innovative opportunities for students. Most Debate resumed from 16 October; motion of recently, with the assistance of a $100 000 grant Mr WELLS (Minister for Police and Emergency courtesy of the Minister for Education, the school has Services). embraced a program of sports specialisation as a vehicle to realise positive change in the school Ms GREEN (Yan Yean) — I take pleasure on environment and in the lives of young people. The behalf of the Labor opposition in leading the debate on fundamentals of a sustainable model of education have the Drugs, Poisons and Controlled Substances been developed, which is making a significant Amendment Bill 2013. The bill lists certain substances difference to students’ lives. This has established a as drugs of dependence and prohibits them in Victoria. strategic direction to deliver substantially improved The bill amends the Drugs, Poisons and Controlled outcomes. Substances Act 1981 to extend the meaning of a drug of dependence to include the analogues of certain drugs The model aims to create an environment where every and provide Victoria Police with the authority to have student, no matter what their background may be, has drug samples tested by external laboratories and enable an opportunity to make a real connection with a vibrant bongs to be forfeited and destroyed. I say at the outset school community and to take ownership of their that Labor will not be opposing the bill. educational outcomes. The fundamental starting point is a culture of inclusion, with the model focused on The background to measures such as this is that with a student wellbeing, community involvement, building constantly emerging drug market certain chemical

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compounds are used in the production of synthetic the supply to those facilities of substances to be tested, drugs. These drugs, which are also known as social profiled or analysed. In practice that is likely to include tonics or legal highs, are designed to mimic the effect of university laboratories. Victoria Police has requested illicit drugs. They are sold in retail outlets, primarily the power to have access to laboratories capable of high tobacconists and sex shops, and from online stores. level chemical structural determinations, which are Given that many of the substances are currently legal, often required for the examination of analogue-type their possession and use can be difficult to measure. substances. Reports from users and the medical profession indicate that some of these drugs are associated with increased In the amendments made to the act in 2012 it was made anxiety, psychosis, paranoia, depression, confusion, an offence to display a bong, bong component or bong memory loss, nausea, increased heart rate and elevated kit at a retail outlet or to sell such an item. Police were blood pressure. given the power to seize such items when serving infringement notices, and the amendments before the The Drugs, Poisons and Controlled Substances house in this bill provide that these items may now be Amendment Bill 2012 added five synthetic destroyed when the infringement notice is expiated. If substances — 4MMC, BZP, MDVP, 14BD and the infringement notice is withdrawn or cancelled, the GBL — to the table of drugs of dependence and seized items must be returned. Labor hopes this prohibited eight synthetic cannabinoids, in effect amendment will actually help reduce Victoria’s drug making these substances illicit drugs. The 2012 bill also culture and its rising rate of illegal drug offences. The banned the display and sale of bongs, bong components Victoria Police data and crime reporting show that the and bong kits. Producers of synthetic drugs continue to number of drug offences for drug cultivation, manufacture new products or change the chemical trafficking, possession and use recorded by Victoria compounds of the product to evade drug laws and Police during the 2012–13 year was 21 469, which is an import restrictions. increase of 14 per cent from the previous year and a rise of 41 per cent since this government came to power. In The bill before the house is the third attempt by the my own electorate there has been an increase of over government to respond to the emerging synthetic drugs 7 per cent in reported drug offences. market. The Labor opposition has supported the two previous bills introduced by the government. Labor has raised concerns about the lack of an Advancements in chemical technology capable of overarching response to this problem. The increase in producing synthetic drugs are causing legislative chaos drug offences is evidence of a failure of this around the world. This bill is an attempt to respond to government’s approach. Given the expanding class of the evolving nature of the synthetic drugs trade and drugs that are impacting on our community, we call on proposes to amend the definition of a drug of the government again to justify its cuts to the police dependence to include analogues of certain drugs. Drug force and the Department of Justice. Under the analogues are synthetic substances that have structural Napthine government front-line police resources have and chemical similarities to illicit drugs. The bill adds a been stretched due to the government’s cuts of more further 30 new substances to the list of drugs of than $100 million to Victoria Police, including the dependence, including synthetic cannabinoids and other stripping of 400 Victorian public service roles. The substances that are developed as a substitute for ecstasy government has always relied on Victoria Police and LSD. officers, forensics and intelligence agencies as well as the Australian Crime Commission for information on During the debate last year on the Drugs, Poisons and the spread of synthetic substances in the emerging Controlled Substances Amendment Bill 2012 the drugs market. One would question whether the removal opposition called on the government to facilitate of all these public sector positions means that police are long-term forensic research into this emerging drug spending more time on paperwork and administration market. Victoria Police currently has no authority to rather than — — supply substances to laboratories outside of its own forensic services department. This bill rectifies that and Ms Ryall — On a point of order, Deputy Speaker, allows Victoria Police to supply drugs of dependence, the member is straying well away from the bill. The poisons or controlled substances and precursor member well knows that front-line police services and chemicals used in illicit drug production to authorised the like have been boosted — — external testing facilities for synthetic testing and analysis. The bill provides that the Chief Commissioner The DEPUTY SPEAKER — Order! Raising a of Police will be able to declare facilities to be declared point of order is not an opportunity to enter into debate. testing facilities in Victoria or interstate, and authorise Latitude is given to the lead speakers on legislation.

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Ms GREEN — Thank you, Deputy Speaker, for alcohol agenda. In addition to applying tough penalties your ruling. Labor has also raised concerns about this to those who try to profit from the manufacture and sale government’s failure to have an overall strategy in of illegal drugs, we supported along the way people relation to illicit drug use and prevention. The who wanted to kick the habit. The Labor Party will parliamentary secretary to the shadow Minister for always be tough on drugs but it will not ignore Education, the member for Bundoora, on a number of vulnerable people who need help. When in office Labor occasions has raised his concerns on behalf of the invested more than $1 billion in drug and alcohol opposition about cuts to the number of drug education treatment, care and prevention. Any bill in this area that officers in schools. Under this government the abolition comes before this Parliament needs to be accompanied of dedicated drug education officers from the education by that sort of commitment to prevention. An approach system has been part of the $650 million cuts to that has only punitive measures will not work long education. It is a dereliction of the duty of the term. government to protect young people, to cut resources for prevention measures and education about the I want to refer to some of the commentary from those dangers of illicit substances, particularly in the context who have an interest in the sector. The opposition of synthetic drugs, which are the primary subject of the knows from discussions it has had with the Australian amendments in this bill. Drug Foundation (ADF) that the foundation is not opposed to the bill. It regards action on tackling Each time a new synthetic substance comes onto the harmful substances as a positive. However, it believes market as the production of the drugs evolves, they the government cannot put all its eggs in one basket. As pose more danger to our community, particularly to the opposition has been saying, the foundation says young people, but if the very officers who could make a there needs to be a multitude of devices to tackle difference and provide advice to young people about substance abuse. You cannot just ban certain drugs and the dangers of these substances have been taken away, expect to this to be the end of the matter. it is not good enough to simply be punitive and add more and more substances to the list. It is more The ADF believes there is a great deal of merit in important to provide education and overall support to looking at the New Zealand model of tackling synthetic our young people. substances, which requires that substances undergo laboratory testing before they go on sale and restricts I also note the government’s own budget papers show a where such products can be bought. I suppose that is in reduction in the output cost in the two previous contrast to the approach by this government, which is financial years. There has been a reduction of over just a knee-jerk approach each time. We are now 3 per cent in Department of Health funding for drug talking about Marley. Last year it was Kronic. What services and rehabilitation. The government’s output will it be next year? The New Zealand system says measures in budget paper 3, page 148, show that the there needs to be regulation and these substances need target for successful courses of treatment, measured by to be approved for sale first. That is something the episodes of care, at community-based drug treatment Australian Drug Foundation has recommended, and I services has dropped significantly to 5000. think it has merit.

The government is becoming more punitive and The Australian Drug Foundation also says there is a making more arrests. Drug use is certainly going up, need for ongoing programs to help people deal with but support from this government for rehabilitation has substance abuse. I return to the government’s own gone down significantly. If you are going to be tough budget papers, which show there has been a reduction on crime, you should be tough on the causes of crime in rehabilitation services. The Australian Drug too and work on what are the causes. It is just like the Foundation also shares the view that the biggest situation with health promotion and prevention, for problem in Australian society is actually the which the government has also cut funding. That then consumption of alcohol and that it causes more leads to worse health outcomes. The same dynamic is community problems than the synthetic drugs this bill occurring in regard to drug use and drug policy under is trying to tackle. this government. Further, the ADF is saying that new drugs are emerging Under Labor’s watch the focus of drug and alcohol as at a unprecedented rate as manufacturers of legal policy was always on prevention, particularly with high products use new chemicals to replace those that respect to young people. Assisting people to deal with are banned. There are two primary categories of their drug use and get their lives back on track was an product available in Australia: powders/pills and important part of the Brumby government’s drug and synthetic cannabis. Both are being marketed and sold

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on the internet as well as in Australian tobacconists and Controlled Substances Act 1981 falls within the adult stores. Like everyone, the foundation is concerned responsibility of the Minister for Health but that debate about this, but it offers some alternative solutions. on this bill and the previous amendment bill have both been led by the Minister for Police and Emergency The Eros Foundation has provided advice to the Services. I am not sure whether that is a complete opposition in response to a media release from the alteration of the government’s approach. Minister for Mental Health last weekend. The Eros Foundation says the government’s plan to ban the Labor does not oppose this bill because it will prohibit synthetic drug Marley is flawed because according to it harmful substances that mimic illicit drugs and shut the product that the police were concerned with does down sections of the synthetic drug industry. However, not contain the substances that the minister is planning with the number of drug offences in Victoria increasing to ban. I hope the Minister for Health will provide some so rapidly the government cannot think that this bill advice on this matter when this bill passes to the other alone will turn the figures around. As I said earlier, the house. I am not a pharmacist, but the Eros Foundation Victoria Police crime statistics expose the failures of is saying that Marley does not contain the substances this government, which has unravelled 10 years of that the minister proposes to ban — that is, crime prevention and reduction that occurred under N-[1-(aminocarbonyl)-2-methylpropyl]-1-pentylindazol Labor. This bill will not repair the damage, nor will it e-3-carboxamide, which is also known as rebuild the resources of Victoria Police, which has been AB-PINACA); stripped of $100 million, or the Department of Justice, N-[1-(aminocarbonyl)-2-methlypropyl]-1-[(4-fluorophe both of which are stretched to the limit. Labor calls on nyl) methyl]-indazole-3-carboxamide, which is also the government to either honour the promise to reduce known as AB-FUBINACA; and crime or apologise to Victorians for failing indazole-3-carboxamides, including those with any comprehensively. I commend the bill to the house. modification on the indazole or amide nitrogens, whether or not further modified on the indazole ring. I Mr SOUTHWICK (Caulfield) — I rise to speak in apologise to Hansard for what I have no doubt is my the debate on the Drugs, Poisons and Controlled appalling pronunciation. Substances Amendment Bill 2013. This is a very important bill which goes to the heart of ensuring that Ms Patten from the Eros Foundation also says Pfizer we do whatever we can to eradicate these emerging has a patent on the second substance, AB-FUBINACA, drugs that are appearing on our streets. Many of them and the New Zealand government has approved nine are being sold in retail premises as legal synthetic products that contain this substance. I think those are drugs. We have seen far too many instances of young just some of the problems that we have seen constantly people being caught by these drugs and deaths that have because of the government’s tardiness in its legislative resulted from their use, which in turn has meant that we program and not allowing bills to lay over for any as a government have had to act quickly to do what we length of time so that appropriate consultation can can to tackle this issue. occur. The member for Yan Yean mentioned that the It seems to me a media release of last weekend advising opposition will be supporting this important bill, but at the sector of what is occurring is not adequate. I have the same time stated that we as a government have not referred to the New Zealand Ministry of Health, been doing enough. This bill goes to the heart of following advice from the ADF, and it has quite a ensuring that we are doing a great deal. The member for detailed piece of information on its website on Yan Yean said that this is a particular issue in Victoria, psychoactive substances and frequently asked but two deaths — of a 15-year-old and a 17-year-old — questions. It is quite detailed, and I suggest to the in fact happened in New South Wales. In that state a minister that that might be something to look at in terms 17-year-old boy jumped off a balcony after using these of providing advice to the community, potential synthetic drugs. We as a government in Victoria are retailers and young people who might be impacted by reacting quickly to ensure that we have legislation to this. deal with this horrific problem.

In conclusion, the opposition does not oppose this bill. I refer to the Victorian Auditor-General’s report of However, we urge the government to take a much March 2011 entitled Managing Drug and Alcohol broader approach to drug policy in this state that Prevention and Treatment Services. This report looked actually deals with consumption, with prevention and at the period of time when the current opposition was in with treatment, rather than taking this piecemeal government and what it had done in terms of managing approach. It is worth noting that the Drugs, Poisons and drug and alcohol prevention treatment services. The

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member for Yan Yean talked about the terrific track The third part of the bill amends the act to ensure that record of the current opposition and stated that we have Victoria Police are able to seek external scientific done nothing since coming to government. However, testing of drug-related exhibits or samples. This is an this Auditor-General’s report cites the large number of issue because there are different police units that are to reports undertaken by the Labor government and states: do the testing, particularly the Australian Federal Police, but the current form of legislation does not The poor track record of acting on review findings has allow drug-related samples to be tested outside of the resulted in scepticism among service providers about the current suite of reform projects for the program. forensic services facility of Victoria Police. It is very important that police are able to have these samples The report talks about 31 internal reviews of the Labor tested properly and get the results back quickly, and the government that looked at managing drug and alcohol bill enables proper testing of drug samples to be prevention treatment services. However, Labor did undertaken in laboratories in other states. This level of nothing to implement the recommendations of those cooperation between Victoria Police and the Australian reviews. It is absolutely appalling that the member for Federal Police will ensure that we work together to Yan Yean should say that the former government had tackle the important issues of these drugs and make been good on this issue when it left the drug and sure that our young people are safe. alcohol problem in this state in absolute disrepair. We as a government are getting on and doing something by The fourth element of the bill deals with the ability of putting in some tough and important legislation to Victoria Police to destroy bongs or bong kits seized in ensure that we can tackle the problem. connection with infringement offences. This allows police to destroy these instruments so that they are not This government has issued a reference for the Law taking up storage space and are not used again. We are Reform, Drugs and Crime Prevention Committee on tackling this issue. the supply and use of methamphetamine, particularly of a drug known as ice. We are seeing an epidemic of ice This is a very comprehensive and important suite of use on our streets, and we are looking at tackling that amendments to the bill. There are far too many reports problem. The committee membership, consisting of the of young people being exposed to what are known as member for Niddrie, the member for Murray Valley, a party drugs. They are marketed as a safe alternative to member for Eastern Victoria Region in the Council, alcohol. It is alarming to see that these drugs are sold Johan Scheffer, a member for Western Victoria Region for $1.50 or $2.00 a dose. For a couple of dollars a in the Council, Simon Ramsay, who is also the chair, young person can experiment with hit-and-miss drugs and me — is looking at the problem of the supply and that are known to cause all sorts of mental health issues use of drugs in our state. We have been to Bendigo, and could end up like the 17-year-old boy in New Ballarat and Geelong, and we recently returned from South Wales who after taking these sorts of drugs Mildura, where we were told that 14-year-olds are jumped off a balcony because he thought he could fly. already being exposed to these sorts of drugs. Yes, It is horrific that any family should have to deal with there is a problem of drug use, but what we are doing as the tragic loss of a 17-year-old boy. This is really a government is tackling these problems and bringing important stuff that all members on both sides of the in this sort of legislation. house need to tackle. We need to work to ensure that we ban these sorts of substances. We cannot play This bill does a number of very important things. It games with this sort of stuff. We need to share amends the Drugs, Poisons and Controlled Substances intelligence and utilise the expertise that we have, Act 1981 to ban drug analogues and 30 new synthetic particularly of the various commercial labs that are substances or classes of substances of illicit drugs. We operating at the moment. We currently share are extending the net of substances that are coming out intelligence with other states and territories that are also and being marketed as legal drugs. We need to be on working to ban these substances. top of it because we have got people who are very cleverly and very deliberately going out there and The retailers in this game are pretty smart; they are very marketing to our young people. This bill captures those much ahead of the game. We need to get ahead of drug analogues in a broader sense and makes sure that them, and the only way we can do that is to ensure we we are getting them off the streets. We are protecting have the best intelligence and that police are equipped young people, which should be paramount to everyone with the appropriate powers to do their job. We need to in this Parliament, including the opposition members. utilise the resources that are available to us to get these At times like these we should not be playing party drugs tested as soon as possible so that we can get them politics; we should be seeing everybody working off the streets. together to tackle these hard problems.

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The Minister for Community Services has done a mostly for non-violent crimes such as drug possession. The terrific job in this area, particularly in the areas of bottom line is that it has been completely ineffective. The commission found that punitive approaches — rehabilitation, mental health and working with young people. We have produced a comprehensive suite of alone — reforms to support our young people in the community. I agree with the member for Yan Yean about one thing: are misguided and should be refocused to ensure public it is not just about enforcement; it is about prevention. safety. Our government is working on prevention and on early The report by the commission states: intervention, but most importantly our government is doing something about it which was neglected by the Drugs policies and strategies at all levels too often continue to be driven by ideological perspectives, or previous government. I commend bill to the house. political convenience, and pay too little attention to the complexities of the drug market, drug use and drug Mr McGUIRE (Broadmeadows) — Illicit drugs are addiction. the scourge of our society. Victoria needs a strategy that is not just superficially tough on drugs but is actually Instead the commission underlined the need for preventive strategies and to eschew: smart on drugs. Labor does not oppose this bill, because the bill tries to address the emergence of these synthetic … simplistic ‘just say no’ messages and ‘zero tolerance’ drugs. That is a dangerous evolution because people are policies in favour of educational efforts grounded in convinced they can safely take these drugs. The other credible information and prevention programs that focus on social skills and peer influence. proposition I want to raise is that we cannot simply have a punitive approach in the way we address these … issues; it needs to be matched with a greater educational … we have primarily been measuring our success in the approach and a greater preventive strategy. war on drugs by … the number of arrests, the amounts seized, or the harshness of punishments. These In his contribution the member for Caulfield said we indicators may tell us how tough we are being, but they should be above politics, but then he wanted to condone do not tell us how successful we are … what happened in the past. We should rise above this and look at what we need to do now and in the future. I That is the kicker; that is the line: ‘they do not tell us put this on the record because I raised this issue during how successful we are’. What I am reiterating is what I the debate on the 2011 amendment bill. The point I put on the Hansard record two years ago — that we made then is worth repeating today because it addresses cannot just keep going on in this piecemeal way; we the bigger picture on this issue. Two years ago I said: need a bigger, state-based strategy that addresses the issues of education and prevention. We have been The timing of this bill is particularly significant, as we are conducting the war on drugs for decades. Are we going now in the 40th year of the global war on drugs initiated by to get to a smarter proposition as to how we actually former US President Richard Nixon. Recent data released by the United Nations shows that in the decade from 1998 deal with this issue? I again call for a bigger picture, worldwide drug use has increased by an average of 23 per coordinated and integrated strategy that deals with these cent. issues. How many times will we continue to repeat the same pattern? That is Einstein’s definition of insanity. The cost, social impact and ineffectiveness of this approach has led former United States President and Nobel laureate Are we going to continue the same pattern, or are we Jimmy Carter to call for an end to the global war on drugs. going to be able to evolve beyond that and say, ‘Here is President Carter described the war on drugs as punitive and a bigger picture way of addressing the issues’. That counterproductive in a recent New York Times article titled said, the opposition will not oppose this bill, because it ‘Call off the global drug war’. seeks to address a real and present danger that we This call echoed the findings of the Global Commission on currently face in the community. Drug Policy that comprises the former presidents and prime ministers of five countries, a former secretary-general of the The Drugs, Poisons and Controlled Substances United Nations, human rights leaders and business and Amendment Bill 2013 includes certain substances as government leaders including Sir Richard Branson, former drugs of dependence and will prohibit them in Victoria. US Secretary of State George Shultz and economist and former chair of the Federal Reserve Paul Volcker. That is what the bill specifically does. It amends the Drugs, Poisons and Controlled Substances Act 1981 to The commission found that the war on drugs has cost the extend the meaning of ‘drug of dependence’ to include United States and nations around the world billions of dollars, the analogues of certain drugs, it provides Victoria led to a massive escalation of violence, led to an increase in the street value of drugs, created and centralised power in a Police with the authority to have drug samples tested by number of international criminal organisations, led to abuses external laboratories and it enables bongs to be forfeited of human rights and led to an explosion in prison populations, and destroyed.

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As I said, Labor will not be opposing this bill, because Labor hopes this amendment will help reduce we are all seeing an emerging drug market where Victoria’s drug culture and its rising rate of illegal drug certain chemical compounds are used in the production offences. According to the Victoria Police annual of synthetic drugs. These are also known as social media release on crime statistics, the number of drug tonics or legal highs, and they are designed to mimic cultivation, trafficking, possession and use offences the effects of legal drugs. This is the way the market, if recorded by police during 2012–13 was 21 469 — an you like, is evolving to get around the laws, as we keep increase of 14 per cent on the previous year and a rise trying to play catch-up. That is part of my argument — of 41 per cent since this administration came to power. that we have to get ahead of the game and look at what education we need to provide as well as what The point here is that this is a rising issue, and to deal preventive strategies we need to introduce. We need with it, as I have said, we need a punitive but also a this greater balance in the way we deal with things. preventive approach. I am not making a political point here; I am just putting on the table the fact that this is a Reports from users and physicians indicate that some of growing problem that has a ripple effect throughout the these drugs are associated with increased anxiety, community. The point I am making is that we need a psychosis, paranoia, depression, confusion, memory more balanced approach. I look forward to hearing loss, nausea, increased heart rate and elevated blood from the government, as this debate evolves, that there pressure. As the member for Caulfield said — and I will be greater education and prevention to match the agree — they are now being priced at a very low cost, punitive measures so that we will get a balanced and this makes it even more tempting for young people approach for the benefit of all Victorians. to try them and indulge in them. Where they are being processed and by whom opens up a whole other issue Mr CRISP (Mildura) — I rise to make a and debate. The implications and ramifications can be contribution in support of the Drugs, Poisons and fatal. For that reason, as I said, we do not oppose this Controlled Substances Amendment Bill 2013. The legislation. We understand the clear and present danger purpose of the bill is to extend the meaning of ‘drug of that needs to be addressed, but I am also saying that we dependence’ to include the analogues of certain drugs, need a bigger debate. to allow Victoria Police to provide drug-related exhibits and samples to authorised external laboratories in During the debate on the version of the bill that was Victoria or other states and territories, and to enable introduced in 2012 the opposition called on the cannabis water pipes, bong components and bong kits government to facilitate long-term forensic research to be forfeited to the Crown and destroyed by Victoria into the emerging drug market. I echo the call by the Police where an infringement notice has been issued to lead speaker for the opposition, the member for Yan a person for displaying, selling or commercially Yean, on this point. This is about trying to get ahead of supplying the seized item. responding reactively all the time. It is about trying to determine where these markets are, how they are In essence the bill is about extending the definition of emerging and where they are going, and it is about drug of dependence to include these drug analogues. It having the scientific research to back that up. includes 30 new synthetic substances or classes of synthetic substances in the list of drugs of dependence Currently Victoria Police has no authority to supply in schedule 11 of the primary act. It allows Victoria substances to laboratories outside its own forensic Police to provide drugs of dependence, poisons or services department. The bill allows Victoria Police to controlled substances or items used in illicit drug supply drugs of dependence, poisons or controlled production to external laboratories in Victoria or other substances and precursor chemicals used in illicit drug states for scientific testing and analysis, and it enables production to authorised external testing facilities for the disposal of bongs and other components. scientific testing and analysis. The bill also provides that the chief commissioner will be able to declare The bill is about the problems we are facing due to the facilities to be ‘declared testing facilities’ in Victoria or changing drug scene. The synthetic drug market is interstate and to authorise the supply to those facilities developing rapidly and changes all the time. The of substances to be tested, profiled or analysed. In immediate aim of these amendments is to deter the practice this is likely to include university laboratories. supply of chemical compounds that are not approved Victoria Police requested the power to have access to for safe human consumption, that may be harmful to laboratories capable of high-level chemical structural users and that have been identified by Victoria Police as determinations, which is often required for examination emerging in the party drug scene. At the same time the of analogue-type substances. Victorian government is working with other jurisdictions on a national approach to this issue.

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We need to be very mindful that illicit drugs are not issues, which takes time, the individual is at risk and so safe for human consumption. They induce unsafe are others. Once the emergency response is over there behaviour — and we heard about an example of that can be other consequences to deal with, which is an from the member for Caulfield — and they can also area in which myriad agencies are working. have long-term health repercussions. The United Nations Office on Drugs and Crime has reported that I saw the good work of these agencies when they these new psychoactive substances are appearing all the presented to the recent Law Reform, Drugs and Crime time — 73 appeared in 2012. We are concerned about Prevention Committee public hearings in Mildura how the chemistry of drugs can be changed to avoid the during its inquiry into the supply and use of ice. It gave law. me confidence that these agencies are working as best they can while being aware of the changing In the past this Parliament has acted on synthetic circumstances. cannabinoids, and in many respects this legislation mirrors the work we have done on cannabinoids. We Mr Weller interjected. are now acting on analogues of synthetic substances that have emerged since 2012. The bill uses the Mr CRISP — Yes, the member for Murray Valley mechanism of amending the definition of drug of is a member of that committee, and he was in Mildura, dependence to include these new analogues, and thus along with the rest of the committee. It was a full house, we need to have a definition of an analogue. Much and it was a pleasure to have them there working on work has been undertaken to define the meaning of an such a difficult task. The government is taking action, analogue in the act. as outlined in the document entitled Reducing the Alcohol and Drug Toll — Victoria’s Plan 2013–2017. These drugs are marketed in the party scene as This legislation is part of that plan. We need to list these substitutes for ecstasy. The list includes N-bombs, specific drugs in law in order to make them illegal. synthetic LSD and some other drugs I have never heard With those words, this is a necessary bill that addresses of but which are obviously attractive to some people, a difficult subject. I support the bill. particularly young people. As has been said before, these drugs can induce very dangerous behaviour. I am Mr SHAW (Frankston) — I rise to speak on the Drugs, Poisons and Controlled Substances Amendment sure there are plenty of other names for these drugs out there. Bill 2013. I note the contributions of the members for Yan Yean and Broadmeadows, who talked about I need to talk about the support agencies and other greater education being needed in this area. I tend to organisations which work in this area. In Mildura the agree with those statements. However, I remember that community is very aware of drug issues. Ice is the drug growing up as a kid in Frankston we did have drug that many people are focusing on at the moment, but education in primary school. I quite clearly remember unfortunately the other party drugs are also very much the book we were given, which was quite large. I was in available in my community. Our agencies in Mildura grade 5 or 6 at the time and drugs were talked about a are working together on prevention, detoxing and great deal then. I think it comes down to a matter of dealing with the consequences of these drugs and drug choice, because most of our class went on to higher use. The police are often the first to be involved, as well education but some of those students chose not to take as hospital staff and ambulance officers, along with a that advice and took drugs. They had the same whole lot of other agencies that work to deliver services education, heard the same speakers and had the same to keep not only the individual but also the community information as I did. They were raised by good parents. safe. They made that choice for themselves. Sometimes in life things come down to a choice. My local hospital regularly reports instances of aggressive behaviour that occurs in accident and I clearly remember when that choice became available emergency services when people who are having a trip for a couple of my friends. It was when we were a little that may be good for them but is not good for bit older, at 15, that they made a choice to move into everybody else are brought in. Unfortunately health areas I did not agree with. I went on to continue to play workers have to deal with this because they cannot turn sport, continue on to a higher education and continue to patients away. A number of unfortunate circumstances want to work. They chose another avenue. They did not can result. If people do not own up to what they have play football to any standard than just the junior level. taken, diagnosis can take a long time, and the effects of From what I hear now — and I have not seen them for some of these drugs can mimic other health issues. some time, although I still see their parents — they While health workers are trying to sort through these have not gone down a great track with their lives. No

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doubt some people cannot get through it okay. My Young Street. But I do not see it there. There are a particular friends were not into the hard stuff; they were whole lot of other facilities that people are attracted to more into the cannabis and marijuana and the bongs we throughout that area, whether that be Peninsula Youth are talking about here. I was never into it. I never and Family Services, which helps people in crisis for approved of it at all. housing; CityLife, a Christian organisation that gives out meals to the homeless almost daily; the needle While we are talking about this subject we need to refer exchange there; or the methadone clinics that are spread to this bill. The main purpose of the bill is to extend the throughout the central activities area of Frankston. meaning of the term ‘drug of dependence’ to include analogues of certain drugs and, on another point, to I note that Frankston City Council has sent one of its allow Victoria Police to provide drug-related exhibits highly salaried senior management staff members to and samples to authorised external laboratories in come out and say, ‘We think we should move all the Victoria and to other states or territories in Australia. methadone programs up to the hospital’ without really The main point I would like to talk about is clause 1(c), grasping the full impact of that, given that it is spread which allows for cannabis, water pipes, bong among private organisations such as chemists, which components and bong kits to be forfeited to the Crown are present throughout the central activities area. It and destroyed by Victoria Police where an infringement sounds good to put it all up in the hospital if it is a notice has been issued to a person displaying the goods, health issue; I can see that point totally. I can also see selling them or commercially supplying the seized the point of decentralising and spreading those items. The bill also includes designating certain methadone programs and methadone dispensing substances as drugs of dependence. services among the different chemists — and it is not just in Frankston that that happens. I remember talking in the debate on the Drugs, Poisons and Controlled Substances Amendment (Prohibition of I recognise that there have been complaints by Display and Sale of Cannabis Water Pipes) Bill 2011, businesses in the areas around parts of Wells Street and in which the government put forward amendments with Young Street. I can also see some of that in Ross Smith regard to the display of bongs and related items. I said Avenue and Thompson Street, opposite the station. I in my speech back then that at that time Frankston had see it a fair bit. One of the good things that has a number of shops that displayed bongs — tobacconists happened in that period of time is that there is extra and shops that sold related products. There was one policing. The presence of drugs and other illicit called Off Ya Tree, which was set up in Frankston. I substances has been a reality, but not so much since thought that was a ridiculous name, but the proprietors there has been an extra police presence. That is one thought it was quite clever. That was not a good thing thing that is being done. The members for Yan Yean for Frankston. I spoke clearly on this at that time. I am and Broadmeadows were talking about education. I pro-business, but I was very happy to say back then, as believe that is happening, but you also need the other I say now, that I was happy to see organisations that side of things: an increased police presence around were selling bongs and all that type of stuff through those hot-spot areas that have been highlighted by tobacconists or other businesses go out of business. police. You do not see it so much in your day-to-day You will not hear much of that from me — there are activities. The police obviously see it at different times, not many businesses I want to see go out of business — but walking around you do not see that type of stuff. but I was very happy about that at the time. I reiterate My belief is that you really have to search for it. that I would be very happy to see that sort of thing not shown in Frankston. Frankston station is also in a hot-spot area. Protective service officers were placed there in August 2012. That Frankston has an unfair image, in which drugs are has been a terrific initiative, and those officers have supposed to be something that are used quite a bit in the been working well at Frankston station, where many town. I have lived there since I was seven. I went to people did not feel safe. Law and order is no longer the primary school, high school and university there. I priority issue in the surveys I have out now. It was prior 1 worked there, ran a business there for 19 ⁄2 years and to the election and for the next couple of years, but now am now a member of Parliament representing the area. it is not coming up as the main issue in Frankston. A During the time I have been there I have not seen reason for that would be the extra 75 police that have anything to justify that reputation. I hear about some of been allocated there, the greatest increase in allocation it. My office is in the worst part of Frankston. It is on that has happened in Victoria. Young Street, which where Sam Newman does his interviews and where no doubt where some in the Frankston City Council said, ‘Yes, it is a good move to media have been doing interviews as well, in north take these drugs services and these needle exchanges

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and these methadone programs up to the hospital’, and I from the industry, community and other sectors for can see its point, but I can also see the point that these their valuable input. are private enterprises. If it is a government initiative to allow methadone to be available through certain The bill is meant to represent a further contribution in a chemists and those chemists choose to pick it up, I do process of reform and modernisation of the regulation not believe it is for council to say otherwise. It has of the state’s earth resources that seeks to balance the already approved that to happen; it has already needs of the community and the needs of the approved a chemist to be there. It has approved those environment whilst assisting a vibrant and sustainable services to be there, so I would not think that that would earth resources sector that underpins many jobs and the be necessarily fair. I support businesses in that regard. futures of many Victorians, particularly in regional Victoria. I quote from the second-reading speech: I was a little surprised when reading through the bill before us at the moment to learn that most people who The bill seeks to further the government’s commitment to maintaining an effective and robust regulatory framework for were supplying bongs and that sort of paraphernalia in the earth resources sector in Victoria. their shops were not previously required to destroy those. I must say, I thought those items were destroyed Sadly the bill fails on all the fronts that the government, beforehand. They are forfeited and destroyed not only the earth resources industry and the community have when it is ordered by a court but when an infringement set it. It has been introduced at a time when the notice has been issued. I must have missed that; I government has sought to paper over its gaping public thought that provision was contained in the bill that was policy cracks as it seeks to be all things to all people in passed in 2012. this area. As a consequence this approach, which is driven by political survival and opportunism, makes it In summary, this bill is important. I think members on nothing to anyone. It reflects this government’s position both sides of politics are saying that drugs are not of being a policy-free, opportunistic zone when it something we want in our communities as they have comes to the management of our earth resources. ongoing effects not just on the families of individuals who take drugs and not just on the image of a locality I will outline the position of the opposition on this bill but on the health services as well. In conclusion, I want in the following manner. First I will make a general to commend the bill to the house. statement of the opposition’s position on the bill, which in short is to not support the bill in its current form but Debate adjourned on motion of Mr WELLER to seek to deal with its shortcomings by sending it back (Rodney). to the government to do what it wrongly claims it is doing in the first instance — that is, reflecting a Debate adjourned until later this day. balanced approach to the management of different Sitting suspended 6.31 p.m. until 8.01 p.m. competing resources of our rural and regional landscapes. Working on the basis that the government MINERAL RESOURCES (SUSTAINABLE might well not agree with that, I will then turn to the amendment that has been circulated in my name. DEVELOPMENT) AMENDMENT BILL 2013 As part of that process, I propose moving a reasoned Second reading amendment to the second-reading motion that will also Debate resumed from 30 October; motion of become part of the opposition’s position on the bill. I Mr KOTSIRAS (Minister for Energy and move: Resources). That all the words after ‘That’ be omitted with the view of inserting in their place the words ‘this house refuses to read Opposition amendment circulated by Mr FOLEY this bill a second time until the government develops a single (Albert Park) under standing orders. statewide integrated strategic land use policy framework to better manage competing land uses in Victoria, as Mr FOLEY (Albert Park) — I rise on behalf of the recommended by the Economic Development and opposition to contribute to the debate on the important Infrastructure Committee’s report on the inquiry into greenfields mineral exploration and project development in issue of the regulation and management of this state’s Victoria, and which specifically includes a hierarchy of land earth resources, as reflected in the Mineral Resources uses to evaluate their relative values’. (Sustainable Development) Amendment Bill 2013. The opposition thanks the departmental officers for their In dealing with that reasoned amendment and the briefings on the bill. Its failings are not the result of amendment to clause 5 that has been circulated in my their professionalism. We thank stakeholder groups name, I will necessarily deal with the background to the

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issues surrounding the bill — the path of reform that the Against this significantly more diversified landscape of sector has long been promised by successive Victoria, the earth resources sector has a continuing and governments and the mess that this government has got important role. It is a sector that contributes to not only itself into over the management of one particular earth regional jobs but also head office jobs in Melbourne resource, that of non-conventional gas, or more and other cities, in the universities and in the research colloquially coal seam gas. In this regard the and development sectors. This industry is not just about contribution that the Economic Development and digging holes and taking non-renewable resources. As Infrastructure Committee (EDIC) of this Parliament the submissions to the aforementioned Economic made with its report on the management and Development and Infrastructure Committee inquiry development of greenfields mineral exploration and noted, the contribution of the sector to the Victorian project development will form a key part of this economy is substantial. But its important contribution is contribution. Finally, I will also deal briefly with the set against the fact that these resources — which the range of other measures in the bill, including some of industry quite legitimately and with the support of the non-controversial regulatory measures which the successive governments seeks to exploit in a opposition is prepared to support but which in the responsible manner — are finite, are held in common context of an overall flawed bill need significant by the Crown and are dependent on the industry’s change. social licence to operate — that is, that the industry forms a responsible part of the broad landscape and the If we have to be clear, let us be clear. The state industry of the state. opposition is a friend of the earth resources sector and recognises the important role the sector plays in Sadly, this industry has been failed by the government exploration and in the development and processing of in its recent dealings with it on the management of the our precious earth resources, which are owned by all different aspects of the industry’s operation. As we Victorians and play an important part in our diverse know, the industry has come to expect that the economic scene. This sector is a critical component in amendments to the Mineral Resources (Sustainable relation to the many regional jobs it underpins across Development) Act 1990 introduced into this Parliament our state, ranging across the mineral sands deposits in will provide a degree of investment certainty and the north and the west, the plentiful natural gas reserves community confidence in the operation of the earth in state and commonwealth waters off Gippsland and resources sector. the important but increasingly difficult to find and develop gold resources, in which exploration A goal of public policy in this area should be to develop technology poses many exciting prospects across general community support and a regulatory structure central Victoria. that is clear for all parties and easy to follow, a regulatory environment that provides certainty, thereby The earth resources sector has long been an important facilitating investment and community engagement. part of this state. Indeed it helped give rise to our These should be prerequisites for the government’s formation as a colony with the wealth, prosperity and approach to this sector. However, the government has development that gold delivered to Victorians in the done nothing of the sort in its handling of the sector. 19th century. But just as gold in them there hills is not Whilst we note that the bill makes only limited and the dominant sector it once was in our economic passing reference to the state’s coal seam gas reserves landscape, we now have a significantly more diverse as one of the many types of earth resources owned by rural and regional landscape in which the resources the people of Victoria, we also note that the sector has to operate. Now most of our state resources government’s approach to this issue highlights that it is are seen in the context of a large and fast-growing unclear, difficult to understand and if anything uneasy, urban and regional population. They are seen in the rather than approaching the issue in a transparent and context of an increasingly diversified economy; in the accountable manner. context of a rich and varied landscape of the state that has a range of uses from agricultural use to urban use If the government were to adopt the recommendations and also use for extractive industries, which are vital to of the Economic Development and Infrastructure the future of construction around the state; and in the Committee report, it would take the position the Labor context of environmental and natural ecosystems opposition has proposed in dealing with the coal seam management values, which also are important to the gas issue. Despite the former minister and now management of those productive and sustainable uses Treasurer’s ill-advised attacks on the Labor Party’s of the land. position on this issue when it was initially released, we now see that the new Minister for Energy and Resources and this Premier are being dragged towards

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the situation of The Nationals’ tail wagging the communities than simply focusing on one particular coalition dog. This approach both ignores and seeks to earth resource in isolation, which in this instance has deal with contrary aspects of the recently released Reith caused much controversy in the government’s ranks — report recommendations on the commercialisation of that is, coal seam gas. the resource. Whilst many members of The Nationals have led the charge against coal seam gas, we have seen Members of The Nationals will not admit to this contrary messages being sent by this government in its position publicly, as it would draw attention to their regulatory approach to this particular earth resource in fundamental conflict with their city-based, this state. economic-dry, Liberal coalition partners, who, as reflected in the Reith report, want to let the In this regard the messages the state government is commercialisation of our coal seam gas and delivering on the application of this sector are mixed. If non-conventional gas rip as an energy source both we could return to what the opposition’s position on the domestically and in the very near future for the offshore bill is, because of the government’s many failings and delivery of valuable export industries. in particular its failure to act on the key land use management recommendations of the Economic We call upon members of the government, or at least Development and Infrastructure Committee report, the those members of The Nationals who are driving the opposition has moved a reasoned amendment that has government’s policy position on the issue, to come with been circulated in my name. us on this issue. We call upon The Nationals not to be directed by their big city cousins on this but to The reasoned amendment seeks to send the bill back to recognise that they have effectively arrived at the the government until it does what it says it was going to long-stated Labor position on this issue — they just will do — that is, to develop a strategic land use policy not admit it — that there should be no development of framework to better manage competing land uses, coal seam gas until such time as a transparent, open and including those of the earth resources sector. It wide-ranging inquiry has been conducted to engage and specifically charges the government to come back with report back to the government and communities on the a process of engaging in consultation with communities many competing claims around landscape and industries to identify a hierarchy of different land management. In the context of this bill, the position of uses and different approaches to systems of land use to the Economic Development and Infrastructure evaluate the relative values in the sectors and the Committee’s report on greenfields industries and earth landscapes of which they are part. resources should be implemented in reality, not just in the mind of the minister. We will seek to make sure that all members of the government, especially those who support the let-it-rip Instead we have the opaque response to the Reith commercialisation of the coal seam gas industry’s report, a pretence that the EDIC recommendations are immediate development, come to support Labor’s being taken seriously, a pretence that the interests of the position of full engagement with communities and earth resources sector are being taken seriously, a industries in regional Victoria and to place a genuine pretence that the interests of other landscape and natural moratorium on coal seam gas until such time as this resource uses and values are being taken into process has been undertaken. We will seek to ensure account — that regional Victorians are aware of the way particularly regional members of the government Mr Kotsiras interjected. benches vote on this proposition in this house, a vote Mr FOLEY — when all in this place, particularly that many in the community and the industry will be watching with great interest. the Minister for Energy and Resources, who is at the table, know this is not the case. What we have is a This reasoned amendment is one that the government political fix by the government to get it over the next should support. It is clearly one that The Nationals election. should support because they have arrived at the position that agriculture in key parts of the state and the Mr Kotsiras interjected. groundwater resources around the state and the use to The ACTING SPEAKER (Mr Morris) — Order! which they might well be put are in a relative sense part The minister has had his turn. of a greater picture of competing values that need to be brought to aspects of the landscape. Included in this is a Mr FOLEY — In reality we have seen a paralysis more sustained use and consideration of the wider of policy, a pretence of dealing with the interests of contribution to economic and social benefits to communities and a positioning of the sector to try to

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assure the industry that after the next election — and reflects recommendation 6 of either the EDIC report or Lord save Victorians from such a fate — any future the context in which it was framed. The government’s Liberal-Nationals coalition government will move to a proposal on this clause is truly breathtaking. It is position to let the sector rip. The opposition’s stated Orwellian doublespeak of the Big Brother type of approach to this bill is to call it out for what it is: a which 1984 would be proud. It is as if Winston Smith failure. It should be withdrawn and the government were sitting in the Ministry of Truth, tucked away in the should start again. But we know the depths to which minister’s office, rewriting history and seeking to this government is in denial as to its hopelessness are expunge the truth from the historical record. such that it will use its numbers, supplemented by the de facto leader of the government on the floor, the Let us be clear about the impact of this clause so that honourable member for Frankston, to ram this bill our friends The Nationals know what they are voting through and to seek to vote down this reasoned for. When this clause comes into operation, they will amendment. I appeal to The Nationals to come with us have supported a system whereby the government will, on this. As foolish as the position might be, sadly, it the next time there is a dispute about competing land reflects the likely fate of this sensible reasoned use claims involving the earth resources sector, a clause amendment. that will enable this minister to come up with a statement about the jobs, the investment, the economic It is with this in mind that we have taken the prudent and social implications foregone in the exemption for step of foreshadowing a further amendment to clause 5 exploration or development of earth resources, consider of the bill, which has also been circulated in my name the subject of the application before him. at the start of this contribution, that in part seeks to amend section 7 of the principal act. This second The Minister for Agriculture and Food Security will not amendment deals with the powers and processes the be given any equivalent statement. The Minister for minister will be seeking to give himself in Water will not be given any equivalent statement about circumstances where land is to be exempt from mining the value of water resources. The Minister for Tourism or exploration. As set out in the explanatory and Major Events will not be given any competing memorandum attached to the bill, this clause gives the analysis of the values of tourism in the landscape. The minister powers when exempting any land from being Minister for Environment and Climate Change will not subject to a licence. According to the explanatory be given any competing assessment of ecological memorandum the minister: services or systems in that competing landscape. The Minister for Planning will not be given any … must take into account known or potential mineral values commentary on the contribution or the place of that (and the impact of these values in the affected area), as well as particular landscape in regional growth plans. Alone the the social and economic implications of the decision, prior to exempting land from being subject to a licence. Minister for Energy and Resources will be pointing, in splendid isolation, to the forgone benefits of the earth Our amendments seek to provide parliamentary resources the subject of this exemption. scrutiny and oversight of this power of which the minister seeks to make himself the self-appointed tsar. This madness will see less certainty for the earth This power runs the risk of entrenching, not resolving, resources sector. This foolish clause will entrench competing land use debates between different values conflict in regional communities. This is a and sectors. It will essentially mean that this minister too-smart-by-half approach by the Liberal-dominated must come up with a position on the investment, the coalition, and our friends The Nationals need to wake jobs and the potential economic benefits of not up to it. It is positioning by the Liberal Party and the proceeding with an exploration or development licence Peter Reiths of the coalition to establish a beachhead for a particular area when it comes to the energy whereby, post any re-election in 2014, they will attempt resources sector, subject to the application or to be in a let-it-rip position. But the game is up on this; consideration of the minister’s exemption. those committed to a sensible and pragmatic resolution of the management of our competing landscape uses The government has the gall to say that this reflects know that ensuring the value of known or potential recommendation 6 of the former Economic mineral resources is considered before the exemptions Development and Infrastructure Committee report. This for exploration or development are made is part of government’s repeated process of its delusional aspects setting up this sector for a deliberate fall. Even more of how it seeks to implement arrangements is best appalling is that there is no obligation for any report the reflected in this particular area. How on earth that minister might produce to be released. He might well statement got past parliamentary counsel and into the do it in secret and keep it within government. It might explanatory memorandum staggers me, for it in no way

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well never be released, or it might be. It is purely up to and recognise that clause 5 of the bill is most unhelpful the minister of the day. to the cause of any sector of the Victorian economy.

That is why the opposition will be seeking in the Dr Sykes — On a point of order, Acting Speaker, I second instance this amendment to the bill, which seeks believe the member is continuously reading rather than to bring parliamentary oversight and scrutiny to this just briefly referring to his notes. I ask that you direct minister’s free-ranging efforts under this clause. We him to speak to the Parliament, not read to the will be seeking to add to clause 5, which amends Parliament. section 7 of the principal act, provisions whereby for any land that is exempted from a licence the minister MR FOLEY — I am just referring to notes, Acting must publish in the Government Gazette a summary of Speaker. the reasons and account for his or her actions and that by resolution of either house the decision may be The ACTING SPEAKER (Mr Morris) — Order! disallowed wholly or in part. I do not uphold the point of order.

There are those on this side of the house who have Mr FOLEY — For the benefit of the member now paying significant attention to this matter, I refer to the argued that this clause reflects a devious ploy by the government to ensure that no land is ever exempted EDIC report which this government’s proposal seeks to from licence exploration or development by ensuring malign and misrepresent. The terms of reference of that one-sided, out-of-context reports on earth resource committee’s review are set out in its worthwhile report values and potential values to be foregone by of May 2012. As my friend the member for Williamstown rightly points out, it is a good report. An exemptions, will be produced. This is not an unreasonable conclusion on the evidence that is important aspect is mentioned on page 58 of the report, available. I ask honourable members to contemplate an which says: alternative scenario. In a relatively heavily populated Governments across Australia find it increasingly difficult to state with a growing population, like Victoria, where operate in an environment where clashes between human and the earth resources are relatively well mapped, where natural geography, competition for use and regulatory the varied, competing and at times actively competing, complexity exist without a community consensus around resolving these issues. As both the owner of natural resources landscape uses are all equally appreciated across our and promoter of their development, there is increasing diverse landscapes and where the proponents of pressure on governments to set land use policies managing different land uses are well organised, does the the different values and demands of a growing population and government really think it will get away with a a robust economy. one-sided, out-of-context story around the potential Later on that same page the committee goes on to say: value of earth resources without reference to other values, other uses and other economic opportunities? While the committee believes that government agencies were Of course it does not. What this minister and this acting in good faith and in accordance with the various government are in fact setting the earth resources sector legislative and regulatory systems in the public policy framework, it is of the view that an integrated up for is endless conflict, litigation, competing claims whole-of-government policy approach to resolve conflicting and relative benefits arguments so that the sector will demands on land and other natural resources does not exist. continue to operate in isolation. This, of course, the minister knows to be nonsense. Further on the same page, the report says:

To return to my 1984 analogy, under this minister it is This committee is of view that a strategic land use policy framework is the missing ingredient in Victoria’s land use as if we have always been at war with Eurasia, for the management system. The absence of a framework government will be locking in a conflict model of institutionalises competition between different land uses, landscape management and locking in competing particularly for the resources sector which, by its own claims with no mechanism to resolve or prioritise them. admission, sees itself as a competitor struggling for It will simply be pitting the earth resources sector as the community legitimacy in some areas of the Victorian community. It also contributes to the lack of certainty and villain in the piece, and that is a disgraceful position for regulatory protection that all land users seek to resolve, this minister to be adopting. particularly the resources sector.

Rather than certainty and clear public policy for all In that regard, on page 78 recommendation 6 of the concerned, we will have institutionalised conflict and report, which is the subject of this particular disputes. That is why the opposition is calling for the whole-of-government response that the minister claims government, should it reject the reasoned amendment this bill seeks to deal with, says: and refuse to start again, to at least come to its senses

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That the Victorian government develops a statewide management issues to be set up for a sucker punch like integrated, strategic land use policy framework to better this is a disgraceful misapprehension by the manage competing land uses in Victoria. This framework should be subject to periodic review giving consideration to government. economic, social and environmental factors. We urge government members to reflect deeply and In that process, out of time but eventually, the carefully on this particular clause, should it be subject government responded to the committee’s report. The to a vote in this place, particularly Nationals members government response which was duly tabled in this who are between a rock and a hard place in this. We place claims to adopt all of the propositions that the urge them to consider the long-term interests of those committee recommended. In that regard at pages 6 and whom they claim to represent and ponder why they are 7 the government specifically talks about its responses condemning them to endless conflict through this to recommendation 6, to which I have referred. In this position. respect it goes through a range of different bills and acts and at page 7 commits to: I will turn briefly to the range of the other provisions of the bill that are perhaps a bit less controversial. Clauses Undertake a resource assessment prior to exempting land in this area deal with how the minister might deal with from mining. vacated licences and how best to manage them and The government will seek to amend the MRSDA — limitations on ministerial considerations for time frames as to how different category applications would be dealt Mineral Resources (Sustainable Development) Act — with. These are all sensible tidying-up measures that are in line with the EDIC recommendations. to require the Minister for Energy and Resources to take into account mineral values before making a decision to exempt land from exploration or mining licences. There are other measures around easing administrative burdens around work plans, particularly for small There is no doubt that that is in fact what the minister is mines, without seeking to remove protections from doing, but for the minister to pretend for a minute that disruptive operations, blasting, vegetation and chemical this approach is delivering a comprehensive response to treatment. Clause 10 deals with rehabilitation bonds, the EDIC report, particularly on that recommendation, which were a particular bugbear for sections of the is far from an accurate assessment of reality. community and the industry, and that is in line with the recommendations of the committee. Clause 15 seeks to Whilst this bill seeks to do that, we say it fails the provide that work plans particularly of a low impact or following tests. It does not rank competing uses or small scale be dealt with in an administratively simpler provide a mechanism for community consensus to be area. developed around those competing uses for the one which might be the best use in the particular There are other provisions dealing with occupational circumstances of those communities. It provides no health and safety. There are new provisions dealing mechanism for community or other competing with definitions around how low-impact exploration industries’ relative claims to be tested or measured. It might operate in particular circumstances, and there are does not reflect the recommendations of EDIC, and to indeed other arrangements rightly dealing with how to suggest otherwise is an odd combination of delusional manage the potential conflict between the earth thinking and maliciousness. Sadly, it also builds resources sector and Aboriginal heritage matters and conflict into the system of resource management in this materials with which the earth resources sector may state in that community aspirations around the come into conflict. resources sector will be unable to be reconciled with the approach of industry, as we have seen only too In all these respects we urge the government to come accurately in the coal seam gas debates. with us and support the reasoned amendment, and failing that to support the amendment to clause 5. For the Liberal-Nationals coalition to reflect that it might well be in a position post-2014 to test this issue Mr ANGUS (Forest Hill) — I am pleased to rise shows the level of hypocrisy to which it has sunk on this evening to speak in support of the Mineral this matter. It is a process that will not allow the testing Resources (Sustainable Development) Amendment Bill of claims from communities and stakeholders. It will 2013. I just want to preface my comments by referring not allow any particular aspects to be dealt with. The to the amendment circulated and the reasoned government knows this, the sector fears it and amendment moved by the member for Albert Park. communities are getting ready for it. For the other When we look at the amendment to clause 5 we note it potential competing land uses and natural resource seeks to insert subsection (9) into section 7 of the

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principal act, and it proposes that the Parliament act as a clearly noted in the minister’s press release of 29 May, minister and in fact override the minister. What an and I want to touch on a couple of extracts from that. It extraordinary situation that would be. contains a lot of encouraging information for business in relation to cutting red tape and simplifying business Here we have the opposition tonight bringing forth operations in Victoria. I can say as an aside that that has these amendments, after having been in power for been one of the signature elements of the coalition 11 years and having done nothing in relation to these government since its election in November 2010. At the particular matters. The heavy lifting has been done, the forefront of every piece of legislation and all the work minister has worked very diligently on these matters we are doing in this place is the ability to encourage and we now have the opposition proposing to put small and large businesses to try to simplify the often through amendments at the last minute. That was quite heavily regulated regime in which they operate and an extraordinary contribution to the debate on these making a conscious effort to cut red tape. If we can go matters by the member for Albert Park. some way with this bill towards cutting the red tape that seems so easily to entangle many business operations I want to turn now to the purpose of the bill. Clause 1 here in Victoria, then so much the better. deals with fairly straightforward matters. The purpose of the legislation is to amend the Mineral Resources In that media release the minister referred to a range of (Sustainable Development) Act 1990 in four ways: to boosts that the resource industry will see as a result of insert a new definition of ‘low-impact exploration’; to the proposed plan, including the reinvigoration of the amend various licence provisions to provide consistent exploration and earth resources industry. It refers to: processes for different licences under the act; to amend the provisions relating to work plans to further manage … the creation of Minerals Development Victoria … to be a risk and the achievement of socially, environmentally single point of entry for investors dealing with the Victorian coalition government; and economically sound outcomes; and to make other minor and miscellaneous amendments. the launch of a major investment attraction program, internationally backed up by cutting-edge geoscience As we have heard, the Economic Development and information … Infrastructure Committee held an inquiry into That is something we on the coalition side value very greenfields mineral exploration and project highly. We have evidenced that very clearly over the development in Victoria, and the report was tabled in duration of the current government with the number of May 2012. That report made 25 recommendations, to overseas trips — trade missions and other which the government responded, and I will come back expeditions — that have been undertaken as a to that in just a moment. However, I think it is worth commitment to seeking investment from other places looking at the media release from the committee itself and expanding our trading partner arrangements. dated 22 May 2012, in which the chairman of the committee, the member for Hastings, is quoted as The media release goes on: saying: … the introduction of the annual international mining and … one of the key recommendations of the report is for the resources conference in Melbourne … Victorian government to adopt a ‘one‐stop‐shop’ approach to regulation of the exploration, mining and extractives It is great to have these sorts of opportunities in the industries … mineral exploration is critically important to world’s most livable city, Melbourne. It continues: Victoria, as without exploration, Victoria will be unable to reap the investment, employment and other benefits that … greater certainty for industry on approvals with the mining can bring to the community. Increased mineral introduction of statutory time lines; exploration leading to new mining projects will help Victoria’s economy diversify to create new, vibrant approvals processes streamlined to keep down costs while industries, particularly in regional Victoria. maintaining the same level of protection for the environment and communities; and That media release goes on to refer to the fact that the committee had received 60 written submissions and stronger stakeholder and community engagement to make evidence from 80 witnesses representing sure communities get the facts about activities in their 44 organisations, so a significant amount of work had locality, their rights and the regulatory process. been done in relation to that. They are just a brief few paragraphs that were outlined by the minister in response to the committee’s press The government responded, and there is a 17-page release around that time. It is interesting to note, as I document responding to all 25 recommendations from said, that the overarching theme of all that is the the committee. The intentions of the government are opportunity for those participating in this sector to be

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somewhat less encumbered by red tape and other bill provides the option for low-risk small mining regulations and matters that so easily entangle business operations to be undertaken under a code of practice these days. rather than a work plan. It removes from the act redundant references to the Aboriginal Heritage Act Turning to an overall summary of the bill, it 2006 and the Heritage Act 1995 to remove duplication implements legislative reforms to reduce administrative of legislative protection of Aboriginal and and regulatory burden on industry. There you have it in non-Aboriginal cultural heritage. These are further one sentence, and as I said before, that is clearly common-sense simplification provisions. reflected in many of the pieces of legislation that are coming through this Parliament. The bill enables the transfer of work plan approvals and other consents, including rehabilitation bonds, from one Touching on some of the details of the bill, we can see licence to another licence held by the same authority that it requires the Minister for Energy and Resources holder over the same area; and it gives priority to to take into account the value of known or potential applications for the inclusion of vacated prospecting mineral values as well as social and economic and small mining licence areas into surrounding implications prior to making a decision to exempt land exploration, retention or mining licences, to add from being subject to a licence and thereby precluding integrity to the surrounding licences. it from development. It requires that more information be brought to hand so that the minister can be in a more In conclusion, the bill is an important reform and an informed position. It provides for the issuing of a improvement in the area of mineral exploration. It is penalty to a licensee for failure to pay a further disappointing that opposition members will not be rehabilitation bond — in other words, an increase in the supporting the legislation and have put forward their bond amount. It inserts statutory time frames for the purported amendments and a reasoned amendment. It is department to process licence applications, work plans a shame. They had 11 years to amend the legislation in and work plan variation applications. It inserts a this area but they chose not to, and to hear them going legislative framework to redirect the regulatory focus of on in this hypocritical way tonight is extraordinary. On work plan requirements away from prescriptive that note, I commend the bill to the house. requirements and towards outcomes to better manage risk. That is probably a good summary of the coalition Mr Wynne — Well read! government right there: we are looking at outcomes for the pieces of legislation that come through this place, Honourable members interjecting. that this government has introduced. We are going to be Mr NOONAN (Williamstown) — Members will be getting workable outcomes that benefit not only those pleased to know that I will rely on a few notes, with a who are subject to the legislation but also the broader bit of encouragement of course from members of The community and in the end all Victorians. Nationals. I am pleased to make a contribution to the The bill ensures uniformity between mineral and debate on this bill. I will respond in part to the member extractive authority holders in applying to the Victorian for Forest Hill because it is important to get some of the facts on the table. Civil and Administrative Tribunal for review of certain decisions made by the department relating to work This bill continues an initiative commenced by the plans. It ensures uniformity between mineral and Labor government to review and update the regulatory extractive authority holders in applying for work plan framework for the earth resources sector — a fact that variations where an environment effects statement was overlooked by the Minister for Energy and process has been undertaken. It replaces the need for a Resources in his second-reading speech. It is worth formal grant of a work authority for holders of pointing out that the Labor government ordered a prospecting and mining licences with a checklist of complete review of the Mineral Resources (Sustainable requirements, such as exists for exploration and Development) Act 1990. The first stage of that review retention licences. These are further steps towards was completed in 2010 and led to the Mineral simplification. Resources Amendment (Sustainable Development) Act The bill redefines low-impact exploration in terms of its 2010. That act was preceded by a consultation process risks and impacts rather than in terms of the nature of conducted by the department and the development of the exploration activity, which will reduce the need for an issues paper, which was released for public comment. During that first phase of consultation under work plans where risks and impacts are low. This is common-sense legislation, and that is what this the previous government 180 people attended regional coalition government is continuing to introduce. The workshops and made submissions that were taken into

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account when framing the revised legislation and the other amendments. I am pleased to see that changes to the regulations. recommendation 18 from the committee’s report has been included in the bill. The committee recommended Of course there was a change of government in 2010. that the Victorian government establish statutory time This bill is the outcome of the stage 2 process, which frames under the principal act. Clause 8 of the bill was similar to what happened in stage 1. It is a bit requires responses within 90 or 120 days. In many disingenuous for the member for Forest Hill to make an respects that is the focus of this particular bill. It is off-the-cuff comment about no process being about tightening up the time frames for licences to be undertaken by the previous government. Two and a half granted and understanding that those time frames will years later we are debating further amendments to the help Victoria in terms of its global competitiveness — principal act. and believe me, our inquiry clearly understood that this is a globally competitive industry. I am pleased that the Minister for Energy and Resources, who is not in the house, paid tribute to the This brings me to one of the issues that the inquiry report of the Economic Development and grappled with, and that is the highly contentious area of Infrastructure’s inquiry into greenfields mineral competing land use. We heard from multiple exploration and project development in Victoria, which stakeholders about the sometimes poisonous was tabled on 22 May 2012, before he became the relationships that exist between land-holders, minister. I had the great pleasure of serving on the environmentalists and miners. All of them — one after committee. From time to time in this place we another — came to the inquiry and laid down what I acknowledge the valuable body of work done and consider to be valid reasons for the issue of competing valuable contributions made to policy by the land uses needing to be resolved. As an example: how parliamentary committees. I served on the committee does government determine whether prime agricultural with the member for Albert Park, who made a very land is more valuable to preserve when compared to the substantial contribution to the debate tonight; the potential value of mineral extraction? I could pose a member for Preston; the member for Hastings, who similar question about sensitive environment and land chaired the committee; and also Inga Peulich, a uses or even about our national parks in Victoria. These member for South Eastern Metropolitan in the other were very difficult questions for the committee to place. I want to acknowledge the contribution of those grapple with, and in the end the committee made a members to what I believe to be a very professional unanimous recommendation, recommendation 6 on report. I also want to pay tribute to the organisations page 78 of the report, which I urge members who make and individuals who came forward and made a contribution to this debate to read. The committee submissions to the inquiry. recommended:

The minister did not do this in his second-reading That the Victorian government develops a statewide speech, but it is worth pointing out the contribution the integrated, strategic land use policy framework to better earth resources sector makes to the Victorian economy. manage competing land uses in Victoria. This framework should be subject to periodic review giving consideration to On page 46 of its report the committee notes that in the economic, social and environmental factors. 2009–10 period the earth resources sector contributed $5.9 billion to the Victorian economy, which is around The government supported this recommendation, but 2 per cent of Victoria’s gross state product. According when you read the government response you see that it to the Victorian government submission, more than pulls together six different bodies of work in terms of 6200 people are employed directly in the earth its support. That is a difficult proposition; that is where resources sector and more than half of them are it becomes very contentious. employed in regional and rural Victoria. It is not an insignificant part of the Victorian economy, but you did I note that clause 5 has already been the subject of some not hear that from the minister. commentary in this debate, as it aims to provide that the minister, in their power in deciding whether to exempt I note that a number of the recommendations made in any land from being subject to a licence, must take into the committee’s report have been incorporated in this account known or potential mineral values as well as bill, and that is positive. In brief the bill inserts a new the social and economic implications of such a definition of low-impact exploration, brings licence decision. This is a specific condition which has been provisions for various activities into line so as to ensure added to the minister’s power — to exclude land from consistency of treatment, amends provisions for work licence areas. This is a significant power for the plans, provides for specific time frames for minister to hold. I am not sure how the minister can consideration of applications and makes a number of exercise that power with confidence without a

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comprehensive land use policy framework being provisions relating to work plans to further manage risk developed. and the achievement of socially, environmentally and economically sound outcomes, and makes other minor I think it would be reasonable to pose the question as to and miscellaneous amendments. whose interest would be best served if the Minister for Energy and Resources were asked to stand in There has been a lot said about this bill. It is a shame in judgement when competing against areas such as part that way back when it was introduced into agriculture and the environment. That is why Labor has Parliament the minister had to put out a statement to put proposed a very reasonable amendment to the bill that the facts on the table. The statement that the minister will make the basis of the minister’s decision public put out on 8 November with respect to this bill clarified and disallowable by either house of the Parliament. I some of the hysteria and misinformation that was being urge members to support the amendment, particularly speculated about in communities, particularly in some MPs who represent The Nationals, because this is really regional communities. In the statement on that date the a body of work that needs to be done to create a minister said that this bill simply ensures that the hierarchy around the best use of land. This is the sort of government is taking social, environmental and work that I hope will settle once and for all whether economic aspects of the act into play and is not actually prime agricultural land needs to be preserved over and diminishing the environment and not taking over land above mineral extraction or vice versa. It is a very uses. It makes it clear that under the legislation regard sensible approach to assist people living across needs to be given to a number of different acts. It is not Victoria — those who are interested in extracting just the mineral resources act that is in play here; when minerals, those who are interested in the talking about mining legislation you have to give regard environment — to understand once and for all how you to the Water Act 1989, the Planning and Environment value land. This is an issue not just for Victoria but Act 1987, the Environmental Effects Act 1978, the right across the country which has most recently reared environment act and the native vegetation framework its head through the debate on coal seam gas. et cetera. A whole range of acts need to be considered when talking about mining and extractive industries. The reasoned amendment moved by the member for Albert Park is a reasonable approach. It is in line with There seemed to be a lot of focus on coal seam gas the very clear recommendation that the Economic when the bill was initially introduced into Parliament. Development and Infrastructure Committee put within As the minister has clearly said, the bill relates to all the body of its report to help the government with a commodities and not just coal seam gas. Members on proposition that I believe could be supported by all the other side have suggested there is some threat to the sides of this chamber. Whether members on the farming sector, for example. That is simply not the government benches choose to support that is entirely case. In fact in regional areas industries such as farming up to them, but they should understand that when these and mining, and communities generally, have worked issues come up in their electorates, which they no doubt well together and relatively harmoniously over decades will — as all the power in this case rests with the and decades, and that will absolutely continue in the minister, and if the minister’s decisions are not open to future. Over the years we have seen great scrutiny, not subject to being published and not subject advancements in environmental protections and in the to disallowance — what will happen, in particular in protection of farming, and this government can stand on The Nationals heartland, is that they will have a its record of supporting the farming sector. Digressing backlash in relation to this. Having sat on that inquiry I slightly, one has only to look at the record with regard will bet my bottom dollar that those passionate farmers to the export of food and fibre, which is absolutely who want to preserve their agricultural land will come fantastic. forward, and come forward in force — and so they should. That is my contribution on this particular bill. The hypocrisy from those on the other side knows no bounds, I must say, particularly when they are talking Mr NORTHE (Morwell) — It gives me pleasure to about coal seam gas, and particularly in the rise this evening to speak on the Mineral Resources amendments moved by the member for Albert Park in (Sustainable Development) Amendment Bill 2013. his amendments. In one sense they are arguing that Before I get into some of the debate on the bill, I will there has not been any community consultation. One quickly explain what it does. It amends the Mineral has only to look back to when the Labor Party was in Resources (Sustainable Development) Act 1990 to government and we were talking about coal seam gas insert a new definition of low-impact exploration; exploration licences to see that it had allocated a amends various licence provisions to provide consistent significant amount of them without any regard for processes for different licences under the act; amends community consultation, which is in stark contrast to

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what the coalition government has done. The Minister economic development in our region. There is also the for Energy and Resources and indeed the Minister for mining sector. As all members in this house would well State Development have made it very clear. know, Latrobe Valley power generation relies on the mining sector. Around 85 per cent of Victoria’s I will go to some of the comments made by the member electricity needs are met through the four generators for Williamstown and the member for Albert Park. there: Loy Yang A, Loy Yang B, Hazelwood and They suggested that it is a case of industry at all costs, Yallourn. It has a significant economic footprint on the and that is simply not the case. I will quote the remarks municipality of Latrobe city, contributing about 20 per of the Minister for State Development in the grievance cent of gross domestic product and with around 20 per debate of 27 November. I preface those comments by cent of employees directly or indirectly employed in the saying that I live in Gippsland, which is obviously a mining industry. It is very important. large area that has a significant mining and extractive industry. In the grievance debate the Minister for State As other members have said, the report of the inquiry Development cited 10 guiding principles that the into greenfields mineral exploration and project government looked at with respect to changes with coal development by the former Economic Development seam gas. The minister went on to say: and Infrastructure Committee made a number of recommendations. Four of them were picked up in the The first point I wish to make is that this government is not government response to the inquiry and are being going to allow the development of any initiative in this state which would in any way threaten that which we have. We are adopted through the amendments in the bill before us. particularly conscious of the fact we have some of the most Recommendation 6 was that the government develop a magnificent prime agricultural land in the Australian nation. statewide integrated approach to better manage We are very well aware that last year there was $9.4 billion competing land uses in Victoria. I have probably said worth of food and fibre exports from Victoria, and it is the intention of the government, as enunciated by the Minister for enough about that in my contribution, but I do not Agriculture and Food Security, to double that level of food accept some of the contributions from members and fibre exports. opposite with respect to that issue.

We are very well aware of the livability and magnificence of Recommendation 15 was that the government review regional Victoria in particular. We are very well aware of the importance of our aquifers and our water resources at large. the current rehabilitation bond system in Victoria. This is an important part of the bill. We have seen great I have lived in Gippsland for 40 years; it is my home. progress over many years, particularly in the mining sector, in rehabilitation. It is important from the As it is mine: community perspective that when mines or quarries are My only intention is to ensure that we preserve and enhance rehabilitated regard is given not only aesthetically but the magnificence of that which we have and that we protect also environmentally to doing the right thing. Under the many attributes which go into making up who we are and clause 38 of the bill, where there might be a breach for what we are as a Victorian community. a late lodgement of a bond a penalty of 200 penalty I do not think anybody could use stronger language units will apply to a corporation or 40 penalty units in than that used by the Minister for State Development any other case. during that grievance debate. I absolutely do not take up Recommendation 18 talks about statutory time frames what the member for Albert Park or the member for under the act. That recommendation is picked up in Williamstown said in their contributions. It is clauses 17 and 33 of the bill. For a work plan approval absolutely hypocritical of them to stand in this place a statutory time frame of 28 days will apply in which a and talk about those things, particularly when on the department head may endorse a work plan or a record the Minister for Energy and Resources and the variation to an approved work plan. Clause 8 picks up Minister for State Development have made very clear the issue of licence approvals. A statutory time frame of what the government seeks to do. 120 days will apply for the grant of a mining and The earth resources sector, including the mining retention licence, and for an exploration or prospecting extractive industry, is vitally important, but what can be licence it will be 90 days. Recommendation 19 also forgotten in that is the quarries. We have some very goes to considering the regulatory focus of exploration, large quarries that operate in the Gippsland region. mining and extractive work plans and making sure that Matthews Quarries, L. V. Blue Metal in Yallourn we have a better and more efficient system in place, North, Holcim Australia in Tynong and Jeeralang, which the member for Forest Hill outlined in his Maryvale Sand & Trading Supplies and Latrobe Valley contribution. That recommendation is picked up in Sands provide a substantial amount of employment and clauses 16, 27, 9, 10 and 41 of the bill.

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In summary, this is another good piece of legislation Clause 4 includes a number of new definitions relating that the minister has brought to the house. Industries, to the amendments and additions to the SFTA. Clause 6 farming, communities and mining have always expands the purposes of the SFTA to provide for timber coexisted well in regional areas, and this bill will harvesting safety zones. These zones are similar to and enhance that. will replace the public safety zones that are presently declared under the SPLA. This clause provides for the Debate adjourned on motion of Mr KATOS (South zoning, notices and penalties. Timber harvesting sites Barwon). can be dangerous places and pose serious risks to human safety. These sites need to be strictly controlled Debate adjourned until later this day. workplaces, and the general public should not enter them. Numerous hazards exist, such as falling trees and SUSTAINABLE FORESTS (TIMBER) AND branches, earthworks, instability of machines during WILDLIFE AMENDMENT BILL 2013 tree felling et cetera.

Second reading There are numerous examples of danger that has been caused by unlawful protesters and by VicForests and Debate resumed from 31 October; motion of DEPI. Labor recognises that timber harvesting is Mr WALSH (Minister for Agriculture and Food extremely dangerous, and government has a Security). responsibility to ensure that we reduce the risk for Mr EREN (Lara) — I rise to speak on behalf of the harvesting operators. These new provisions will Victorian parliamentary Labor Party, the opposition, on minimise health and safety risks for all concerned, the Sustainable Forests (Timber) and Wildlife including workers and obviously those who Amendment Bill 2013. I will begin by giving a brief unintentionally hurt themselves during the course of description of the bill to the house. The bill seeks to their protestations or who unknowingly go into these amend the Sustainable Forests (Timber) Act 2004 areas when they do not recognise the dangers that exist (SFTA); the Wildlife Act 1975; and the Safety on within those areas. Public Land Act 2004 (SPLA). Timber harvesting safety zones are to include a coupe, The government has stated that there are two main any road within that coupe and any area of state forest purposes of the bill, which are to increase public safety within 150 metres of the boundary of that coupe. This and to reduce disruptions to lawful timber harvesting bill specifies notice and signage requirements for the and duck hunting activities by unlawful protest zones, and new sections of the bill provide additional activities. The minister has stated that forestry operators powers for an authorised person to direct a person to and duck hunters should be able to pursue their lawful leave and not re-enter a timber harvesting safety zone, commercial operations and recreational pursuits for an authorised person to direct a person operating a without disruption, intimidation or interference and vehicle in a timber harvesting safety zone to stop or without risks to their safety. manoeuvre the vehicle as directed, for an authorised person to direct a person in apparent control of a dog in The opposition supports the right of people to protest, a timber harvesting safety zone to remove the dog from and it has some issues with the bill. As such, we wish to the zone, to make it an offence to enter or remain in a refer the bill to a Legislative Council legislation timber harvesting safety zone and to make it an offence committee. This is so that the committee can hear to be in possession of a prohibited thing in a timber evidence from the Department of Justice on the harvesting safety zone. A ‘prohibited thing’ is defined increased penalties and from the Department of in clause 4 of the bill. Environment and Primary Industries (DEPI) in relation to what human and other resources have been used to The bill also makes it an offence to allow a dog to enter apply the existing law during the duck hunting season. timber harvesting safety zones. Owners should be responsible for making sure that their pets are kept safe We oppose clause 5 of the bill, which repeals the at all times. Dogs do not understand the danger that requirement for VicForests to provide a copy of a exists in those areas, so it is very important for the timber release plan to DEPI 30 days prior to its owners of those dogs to be responsible for them. This publication. This clause has been subtly inserted into bill aims to increase the penalty to 20 penalty units for this bill but relates more to previous tranches of failure to comply with any these directions. amendments, and we believe it should not stand as part of the act. Other than those concerns we do not oppose In relation to the timber industry, the 2010 Victorian the bill before the house. ALP platform states that Labor would ensure that

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workers in forests and forest product industries enjoy have something to lose in terms of their positions it is the same standards of occupational health and safety as certainly a deterrent for the illegal activities that may employees in other areas. We recognise that the rate of occur in those dangerous situations. workplace injury and fatality is disproportionately high for workers in the harvesting sector compared to the Clause 11 of the bill also amends sections of the SFTA state average, and we promote a range of uses of public relating to the return and forfeiture of items. The bill forests that include tourism, recreation and forest also amends section 90 of the SFTA, which relates to products. the recovery of a seized thing, to exclude prohibited things from the ambit of the provision in clause 12. It New sections of the bill also provide for the addition of amends section 91 of the SFTA in relation to the powers to make it an offence for a person to unlawfully forfeiture of a prohibited thing. Clauses 12(1), (2) and break down, damage or destroy a barrier or fence which (3) all relate to the forfeiture of a prohibited thing and has been erected to prohibit access to a timber the destruction or disposal of said prohibited thing, and harvesting safety zone and for a person to unlawfully clause 13 inserts new section 92A in the SFTA, which alter, obliterate, deface, remove or destroy a notice extends the time for bringing proceedings under displayed in accordance with the new sections. Both of section 45 of the SFTA from 12 months to 2 years. these offences carry with them a penalty of 60 penalty units, and that is fairly significant. It has to be in order Clause 14 inserts a range of new offences concerning for this law to work. People need to understand that timber harvesting zones and sets out the penalties that breaking these laws would obviously hurt them in the relate to them. Through the bill the government has hip pocket. We have seen in the past that when people made it quite clear that it intends to increase fines for are fined for whatever reason, that is usually a deterrent the offences. I would again like to point out to to their breaking the law. government members that when in opposition they were very much against some of the fines, including The bill also includes a new enforcement option called some of the traffic infringements and speeding fines. enforceable undertakings. These binding agreements How quickly they change their views about cash cows between the offender and DEPI are already in use by and so forth, as they were called back then, to justify an Environment Protection Authority Victoria and are an increase in the fines. On this particular instance I would effective tool to settle contraventions of the law and to like to know, after the offence has been detected and revert the harm caused to the environment and to the the fines have been issued — significant fines, might I community. The action in an enforceable undertaking say — exactly where this money will be going. It must deliver benefits to a business, industry sector or would be good if the minister could outline at some community that go beyond mere compliance with the point whether it is going towards consolidated revenue law. or whether it is going towards some other worthy cause. It could even be going towards the 5-kilometre Clause 8 substitutes section 88(1) of the SFTA to $8 billion tunnel that goes nowhere. We do not know broaden the scope of the seizure power to include that, but we certainly would like to know. instances where there is a reasonable belief that the item seized is about to be used in the commission of an Honourable members interjecting. offence. Clause 9 amends section 88(1)(b) of the SFTA so that the provision does not apply to an item that is a Mr EREN — Government members get all excited prohibited thing. when we mention this dud tunnel. That is why I wonder if the government sometimes makes these increases in The bill inserts new section 89A(1), which provides fines and revenue just to pay for some of the road that that section applies even if an infringement notice projects that it has going. If only it could put some of has been issued for an offence under section 77H, this money to good use and make sure that the which relates to the possession of a prohibited thing in a community gets best use and benefit out of any such timber harvesting safety zone or a thing reasonably money. It would be interesting to find out where this believed to be a prohibited thing that has been seized. money will go. The following new subsections — 89A(2), (3), (4) and (5) — all relate to an authorised officer’s requirement to New section 94G provides powers to an authorised inform the person from whom the thing is seized of officer or police officer to direct a person in respect of their rights about the return of the seized items. whom an exclusion order applies to leave the timber Ultimately this new section expands the power of DEPI harvesting safety zone or area of state forest to which authorised officers to seize items. Again, in the order applies. The provision specifies requirements circumstances such as those we know that when people for showing evidence of identity and official status

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before a direction of this provision is made and requires Department of Justice on the level of penalties and from that reasonable attempts be made to ensure that the DEPI on current practical and staffing arrangements. I person understands the direction. The measure also think that is very important to know. Prior to the last provides that the direction may be given orally or in election a lot of promises were made about public writing. servants — that they would not lose their jobs during this term of government. Three years down the track we New section 94(H)(1) makes it an offence with a see that close to 5000 public servants have been maximum penalty of 60 units for a person to refuse or retrenched or sacked. In respect of some of these fail to comply with a direction given under new changes, Labor seeks advice from the Department of section 94(G). New section 94H(2) provides that this is Justice on the level of penalties and from DEPI on the not an offence if the authorised officer or police officer current practical and staffing arrangements, including to did not comply with the requirement specified in new what extent DEPI staff will take the role of policing and section 94G(3), which is the requirement for showing potentially pursuing people who may break the law. evidence of identity and status. The Wildlife Act 1975 currently contains three Clause 15 amends section 97 of the SFTA to ensure purposes: to prevent unauthorised persons from that amendments being made to the SFTA by this bill entering or remaining in specified hunting areas for do not affect native title rights and interests except to periods of heightened hunting activity during the duck the extent that they are validly affected under the Native hunting season; to prohibit unauthorised persons from Title Act 1993 of the commonwealth. The bill also approaching within 10 metres of a hunter; and to amends the Wildlife Act 1975. prevent people from hindering, harassing, obstructing or interfering with people engaged in hunting or taking Duck hunting is an extremely popular recreational game. The government’s position is that the penalties activity in Victoria; however, it has also attracted a lot for failing to comply with these laws are too low and of outrage and protest since the early 1990s, as we all are failing to have any deterrent effect, failing to know, with anti-duck-hunting protesters entering achieve the desired public safety outcomes, failing to wetlands and physically clashing with duck hunters. reflect the seriousness of the offence and its possible Labor supports people’s right to protest, of course, and consequences, and failing to allow the courts to impose the government has indicated that it supports the right sentences that are proportionate to the harms. Through of people to protest against duck shooting. However, this bill the government intends to increase the fines for we recognise that this must be done in a manner that is these offences from 10, 10 and 20 penalty units safe for the people concerned. It is important to make respectively to 60 penalty units each. It is significantly sure that no-one, in pursuit of either their recreation or increasing the penalty units. Given that protesters their passion for animal rights, is injured in any way, repeatedly offend, these new penalty units will attempt shape or form. Governments are responsible for making to ensure that we are trying to reduce the risks to all sure that both hunters and protesters remain safe. It is involved. Once again we see the government raising incumbent upon us to make sure we have very strong more revenue, but I would like to know where it will laws to ensure that people can pursue not only their go. rightful and lawful recreational activities but also their rightful and lawful actions of protest over whatever The bill will also introduce additional instruments beliefs they may have. As I have indicated, we support aimed at those who repeatedly offend. It will introduce the right of people to protest against duck shooting. banning notices and exclusion orders in relation to There was a recent event in which a protester was designated hunting areas. The opposition supports the accidentally shot in the face — a tragic event that consolidation of regulations into one act and recognises should not have occurred in this day and age. People the importance of maintaining a safe working could be seriously hurt, or indeed a fatality could occur. environment for harvesting operators while managing We need to make sure that, at the end of the day, an individual’s right to protest. However, as already human life is supreme and humans are kept safe at all outlined, we will seek to refer this bill to a legislation times in relation to their pursuit of both their recreation committee of the Legislative Council. We oppose and their moral obligations to themselves in terms of clause 5 of the bill and believe section 39 should stand protesting against duck shooting. as part of the SFTA. Labor believes there are real, relevant issues for consideration. One is the This bill demonstrates that the current arrangements are establishment of timber harvesting safety zones in the not effective in doing this. That is why the bill is before timber legislation in place of the current provisions in the house. As I stated earlier, in respect of the changes the Safety on Public Land Act 2004. There is also the to the Wildlife Act Labor seeks advice from the provision of additional powers against protesters within

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timber harvesting safety zones, the substantial increases very comfortable in strongly supporting the to penalties associated with anti-duck-shooting Liberal-Nationals coalition government’s position on protesters and the introduction of banning notices and the sustainable use of our forestry resources. exclusion orders. Labor recognises that the safety of human life must be paramount in the management of an Putting into context the sustainable harvesting of our individual’s right to protest. forests for commercial use and for the benefit of many people, whether it be for building houses or As I have outlined, we are generally supportive of this constructing kitchen cupboards or furniture, the impact bill. We have been fairly sensible in our approach since of the wildfires that we have had go through our forests the government took over. Where we can assist the over the past decade is far, far greater than the claimed government by making common-sense changes, we put impact of our sustainable harvesting. In the past decade those forward, and of course it is up to those opposite to or so we have had four megafires. Two of them burnt in heed the warnings that we on this side give them. In excess of 1 million hectares: the Black Saturday fires several instances when the government has not listened burnt in excess of 500 000 hectares and the more recent to the opposition, embarrassingly it has had to bring Harrietville and Gippsland fires burnt tens of thousands legislation back to the house to fix some of the of hectares. Those fires caused serious damage to our problems associated with it. timber resource and to the habitat in which many of our native animals choose to make their home. It is clear As usual, we are here to help. We try to make sure that that when one adopts a balanced approach to the Victoria has the best laws in the country. We sustainable harvesting of our forests it is a very acknowledge the mandate the government has, and that responsible and appropriate strategy that has a good is why we have not opposed most bills. Where we see outcome for society and has minimal impact on our fit we obviously oppose some bills that come before the native habitat, particularly when it is compared with house, and we recommend amendments to perfect wildfires. some bills that come before the house. Similarly the Liberal-Nationals coalition government The opposition seeks to have the bill referred to a supports duck hunting by licensed, responsible hunters. parliamentary committee in order to hear evidence from This bill enables the legal harvesting of timber, and it the Department of Justice on whether the increased protects the legal harvesting of timber and the legal fines and offences proposed by the bill are in order and hunting of ducks. In doing so the bill seeks to ensure are commensurate with those in other legislation. We the safety of the harvesters, the hunters, members of the want to hear evidence also from the Department of public and in some cases the protesters and also those Environment and Primary Industries on what human who are involved in enforcing the legislation. I should and other resources have been allocated to apply the make it clear, as did the member for Lara, that in our existing law during the duck hunting season. democratic society we recognise the right of people to protest. However, that should not be at the risk of their Dr SYKES (Benalla) — I rise to contribute to the safety or the safety of duck hunters, forestry workers, debate on the Sustainable Forests (Timber) and Wildlife members of the public or people enforcing the law. Amendment Bill 2013. I commence by saying that I welcome the support of the opposition for this bill, Before I address aspects of the bill, I indicate the albeit that that support is slightly qualified. I also importance of the timber industry in my electorate. For commend the member for Lara, who in a balanced example, in Benalla we have a timber company called presentation reflected the bipartisan approach of this Ryan & McNulty Sawmillers. That company has been Parliament and the Christmas spirit as we all work around for generations, and the people in the company together for the betterment of the state and the nation. have made the transition from sawmillers through to now value-adding and producing many fine products I make it very clear that members of the used by many in our community. In doing so they have Liberal-Nationals coalition government support the made a very significant contribution to our local sustainable use of our resources — in this case, the economy and to the Victorian economy. Just last week I sustainable harvesting of our native and commercial had the pleasure of going to Ryan & McNulty, where I forests. It is my understanding that something less than was able to announce a $100 000 grant from our 1 per cent of our native forests are part of a sustainable Putting Locals First program to support a forestry harvesting and management plan and that $400 000 investment in the purchase of more much of the forest that some people refer to as machinery to continue with the value-adding process. old-growth forest is in fact regrowth forest following The outcome of that is six extra jobs at Ryan & the 1939 bushfires. As a practising conservationist, I am McNulty and a further 11 extra jobs in the supply chain.

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As I said, the timber industry is very important to the hunting of ducks is a legitimate and appropriate electorate of Benalla, and I know that the member for activity. We have put in place measures that will protect Seymour also has a very important timber industry in those activities, protect the safety of the harvesters and her electorate. the hunters and at the same time protect the safety of the general public, the protesters and the enforcers. I Mr Northe — And Gippsland! think it is a very well balanced bill and I wish it a speedy passage. Dr SYKES — As the member for Morwell has interjected, in Gippsland timber is also a very important Mr KATOS (South Barwon) — It gives me great industry. The member for Lara went through the key pleasure to rise this evening and make a contribution in aspects of the bill and covered them in a general sense. support of the Sustainable Forests (Timber) and The key thing in relation to timber harvesting is that the Wildlife Amendment Bill 2013. I stress at the outset bill provides for a 155-metre clear zone around a that this bill is about public safety and ensuring that harvesting coupe. The various measures that apply to protesters, who have a right to go about protesting if the 150-metre buffer zone are intended to protect the they feel strongly about something, do so in a safe harvesters and enable legitimate legal harvesting to manner that does not endanger themselves or, in the continue. As the member for Lara indicated, the bill case of this bill, those who are participating in the provides significant penalties for people who breach the timber industry or who are licensed duck shooters. law, particularly recidivists or professional protesters Those activities are lawful. We have a timber industry who deliberately go out to cause grief and to get here in Victoria, and obviously duck shooting is publicity and who often put at risk their own lives and permitted in season. Those are lawful activities so those the lives of harvesters. Tough penalties have been people deserve the right to go about their business, in introduced to protect the rights of legal harvesters in a the case of timber harvesting, or recreation, as far as sustainable business activity and particularly to deal duck hunting goes. People have the right to protest but with the recidivists, those who make a lifetime we have to ensure that that is done in a safe manner. profession of protesting with disregard for the law. What has been happening in relation to timber and Similarly, the amendments to the Wildlife Act 1975 ducks is that basically the fines, the penalties that are in aim to protect the legal legitimate hunting of ducks by place have not been acting as a strong enough deterrent people who have a licence and who have gone through to people behaving in an inappropriate manner when an educative process. They are protected to hunt the they are protesting. Timber workers and duck hunters appropriate species of ducks where they choose and to have rules to comply with, and so should protesters be do so in the most humane form possible. In my job as complying with the laws of the land. Parliamentary Secretary for Primary Industries I have had a lot to do with the Victorian members of Field and The sustainable forests section of the bill provides for Game Australia, the Sporting Shooters Association of timber harvesting safety zones, which are there to deter Australia and other groups. I am very impressed with unlawful protest activities that disrupt timber the professionalism of the members of those groups and harvesting. Basically a zone is declared, there is a the work they are doing to ensure that when hunting is 150-metre buffer around that zone and any roads that undertaken it is done in a responsible manner. That is go through the zone are also part of it. ‘Coupe’ is the very important because whilst it is important to put in term used for these areas in the logging industry. place legislation, there is a saying that you cannot Unfortunately there have been times when protesters legislate for cooperation. have used tactics that endanger not only themselves but also the lives of forestry workers. I am sure members of Therefore it is important that we take an educative the Construction, Forestry, Mining and Energy Union approach, which groups such as the Sporting Shooters would be supportive of these laws because members of Association of Australia and Field and Game Australia that union would certainly be endangered by some of are doing. We hope the same approach would be taken the activities of these protesters — putting steel spikes by people who choose to protest. I note that there are in trees, for example. something like 25 000 licensed duck hunters, and whilst there are a number of people who protest, a very Obviously forestry workers are doing their job. They small minority are hard-core protesters. are not doing anything illegal. They go to cut down a tree and a steel spike is there which could seriously In summary, this is a bill that recognises that the injure that worker, possibly even kill them. It is not sustainable harvesting of our forests is a legitimate and going to achieve anything if a person going about their appropriate activity and that the legal and professional day-to-day job is seriously injured or killed as a result

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of illegal activities by protesters. Protesters use other besides that of a fine. If someone is continually going to objects — for example, chains. They will chain a wetland and behaving in an unlawful manner, there is themselves to trees or other objects. They will also a mechanism to ban them from being there for bring quick-set mortar, dig a hole, put a pole in, 12 months. quick-set concrete it and chain themselves there in the middle of areas used by trucks. That is an activity that Those are the basic provisions of the bill in relation to protesters carry out. Using things like cement, mortar the timber industry. I might leave my remarks there as I and chains will be prohibited under this legislation. have colleagues who are very keen to speak on this bill. People will not be permitted to take those things into a I am very happy to commend the bill to the house. harvesting safety zone. Mr BLACKWOOD (Narracan) — It gives me The bill will also empower a court to exclude an pleasure to rise to speak on the Sustainable Forests offender from a timber harvesting safety zone for a (Timber) and Wildlife Amendment Bill 2013. As many period not longer than 12 months. If someone is in this house would know, my background for some engaging in that sort of activity there is a mechanism to 30 years was as a timber harvesting contractor. I am a prevent them from doing so. As far as duck hunting fourth generation member of my family in the industry, goes, as I said earlier, it is a lawful activity. You do so we go back a long way. The changes this bill have to pass a waterfowl identification test, which I introduces are long overdue because there have been a believe, Acting Speaker, is the expression you were number of difficult circumstances created by protester looking for earlier. There are species of ducks that are activity and risks to the safety of both protesters and lawful game. Chestnut teal, grey teal, black ducks, legitimate forest workers over a long period. I will pink-eared ducks, blue-winged shovelers, wood ducks touch on the bill to start with, and then I will go into and hardhead ducks are species it is lawful to hunt in more detail about my personal experiences. Victoria. You have to do the test to ensure that you know your species of ducks. There are prohibited The bill seeks to amend the Sustainable Forests species like the freckled duck, which is highly (Timber) Act 2004, the Wildlife Act 1975 and the endangered. There are also other waterfowl, and as a Safety on Public Land Act 2004. The reason we need to hunter you need to be able to differentiate between amend the Safety on Public Land Act 2004 is that although that legislation was put in place to try to create them out on the water. a safe place of work for timber workers, it has failed to Duck hunting is a dangerous activity. Hunters use do so, given the recidivist activity of many protesters 12-gauge shotguns with quite heavy loads for duck and the increasing risk that they have posed to shooting. Unfortunately the nature of the protesters is legitimate timber workers over the more recent period that they will sometimes put themselves in a position of time. The two key elements of this bill are about which can be in the line of fire. We do not want to see increasing public safety and reducing disruption to anyone injured doing that. People are out on swamps as lawful timber harvesting and duck hunting activities well and there are a lot of concealed areas. A shooter caused by unlawful protest activities. could be lining up and following a duck and then pull Forestry operators and duck hunters should be able to the trigger, and all of a sudden there is a protester standing right in the middle. The hunter’s eyes are not pursue their lawful commercial operations and focused on the protester; they are focused on the duck. recreational pursuits without disruption, intimidation, The last thing we want to see is people being injured. interference or risk to their safety. Also, authorised As I said, you also have to have a game licence, do a officers should be able to focus on their core role of ensuring compliance with game and forestry waterfowl identification test and have a firearms licence to be in those specified areas. I think there are some 227 regulations, including ensuring that the environmental of them around the state. What we are doing is and biodiversity standards are adhered to, rather than strengthening the penalty to up to 60 penalty units to being diverted to managing illegal protest activity. provide a strong deterrent and send that message. Having said that, the Victorian coalition government supports the right to protest that is legitimate and does There are also banning notices so that a person could be not put at risk the safety of the protesters themselves or banned from a designated area if they are committing anybody else in the vicinity. an unlawful activity during their protesting. An exclusion order can now be made by a court where a Timber harvesting sites are very dangerous places just by the nature of the activity that occurs there. It is an person can be banned for 12 months, which means that where there is recidivism and continued breaking of the activity that is inherently dangerous and has law as far as protesting goes, there is a mechanism unfortunately led to a number of serious accidents and

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even deaths over the many years that it has been taking for the protection of habitat for the Leadbeater’s place. When protesters come into that work possum before timber harvesting can occur. environment, they increase the risk of injury to forest workers as well as themselves. To minimise the health The activities that protesters undertake include and safety risks it is imperative that only those who are wandering onto coupes without the knowledge of the authorised to be in such places are there, but the timber harvesting operators, putting themselves and the provisions of this bill are also directed to the safety of operators at risk. A group called Friends of the Earth all, including, in this case, duck hunters, timber has even published documents on how to use a monkey harvesting operators, authorised officers, protesters and wrench on machines — that is, how to put iron filings authorised persons such as environmental auditors who into the sump of a machine and render it unserviceable, are in the vicinity. which virtually wrecks the machine. Protesters will vandalise forest equipment in many different ways. I pick up on the point that the provisions of the bill They engage in tree sitting where they hoist themselves extend to environmental auditors who are in the up to the top of a tree and attach wires from the tree-sit vicinity. Members might think that relates to the duck right around the area, making it very dangerous for hunting component of this bill, but it also relates to the timber harvesting to occur, especially if harvesting way that timber harvesting operations are regulated operators are not aware that tree-sitters are in the because they are subject to environmental audits during vicinity. Protesters have also been known to jump out the course of and at the completion of harvesting, so it onto forest roads in front of logging trucks that are is very important for those operations as well. The travelling at 60 to 80 kilometres an hour. Having current protester management framework has proved to stopped a truck, the protesters will then attempt to lock be limited in deterring both anti-duck hunting and onto it, to lock onto the bullbar with chains and fixtures. anti-timber harvesting protesters from disrupting those This means the truck cannot move as the protesters operations. This bill seeks to correct those issues, have to be cut away from it, and once again that holds amend anomalies and create a situation that allows up the activity of the truck operator. people to protest legally without putting themselves or timber harvesting workers at risk. But from what I can see all of this activity is pretty much based on misinformation. Protesters are claiming The bill includes provisions in regard to offences the Leadbeater’s possum is endangered, and there is no relating to timber harvesting safety zones, and that is doubt about that. But they are also claiming that we are really what this bill is about. It is about creating safety harvesting old-growth forests, which is a complete and zones where legitimate activity can be undertaken. The utter mistruth; in fact it is a lie. We are currently bill makes it an offence to enter or remain in a timber harvesting 1939 regrowth — that is, regrowth from the harvesting safety zone if you are not an authorised 1939 fires. Areas of old growth that are found within person. Removing or destroying a barrier or fence that coupes or around coupes are prohibited from being has been erected to prohibit or restrict access to a harvested, so they are protected in perpetuity. In fact timber harvesting safety zone is also an offence. many of the areas of 1939 regrowth that could be Allowing a dog to enter a timber harvesting safety zone harvested are set aside for a whole range of reasons — is an offence. Hindering, interfering or obstructing such as streamside buffer protection, other habitat and timber harvesting operations is an offence. Possessing a flora and fauna protection — which means they will prohibited thing in a timber harvesting safety zone is never be harvested and will develop into potential and also an offence. Further, the bill provides that it is an actual habitat for the Leadbeater’s possum in the future. offence to intentionally use a prohibited thing to hinder, There is a whole range of processes in place to make obstruct or interfere. sure that the Leadbeater’s possum will survive.

I want to touch on some of the ways in which those I guess the real issue is that we want these protesters to sorts of activities can occur. We have seen them most protest in a legitimate way — that is, to do it lawfully if recently in Toolangi State Forest. For the last couple of they have to do it near the area of operation, but more years there has been significant protest action around importantly, to bring their issues here to Parliament and the perception that the risks to the Leadbeater’s possum to the minister who sits in this chamber and to ask him in particular have increased. The risk that it will to address the issues they have. He has the power to become extinct has increased because of the massive effect changes that may need to be made. fires that have occurred, which were touched on earlier by the member for Benalla. But that view does not take I will conclude shortly; I know the member for into account the significant processes that are in place Seymour would like to make a contribution to the to identify areas of forest that may need to be retained debate. But I just want to commend the staff from the

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Department of Environment and Primary Industries and I will start with duck hunting, which is a very popular also the Department of Justice for the work they have recreational activity undertaken by people who live in done in putting this bill together. It is a great bill that the country as well as those who live in the city. Some will go a long way to making sure that timber 25 000 individuals have licences. We know there are harvesting operators and duck shooters can go about duck species that are protected from being hunted and their lawful activity in a safe manner. those that are not protected and are, I guess, what we call fair game. Ms McLEISH (Seymour) — I rise to make a contribution to the debate on the Sustainable Forests Over the years there have been huge clashes with (Timber) and Wildlife Amendment Bill 2013. It has anti-duck-hunting protesters and those who are been said by other speakers that this bill is primarily enjoying that recreational activity. Sometimes the about safety. It is primarily about increasing public protesters have got in the way of the hunting activity. safety. We are looking here at improving the safety of When you look at hunting, you realise that there is the protesters who are involved around these areas of some serious equipment that can cause quite a bit of duck hunting and timber harvesting but also protecting damage and harm to individuals. There is potential for the safety of those who are lawfully undertaking their serious accidents to happen. In fact in 2011 that did roles and going about their day-to-day work. happen and a protester was accidentally shot in the face.

As a government and as a society we now talk about We have penalties in place and provisions which have occupational health and safety. The government has a had minimal impact. Perhaps it can be argued that they responsibility to set out a framework so people can have been way too low. The laws that have been in undertake activities lawfully and enjoy recreational place have been flouted easily and repeatedly, typically activities such as duck hunting without fear of by only a small dedicated group. But this legislation disruption, intimidation or interference. I want to put on gives the courts the discretionary power to issue an record that the coalition government absolutely exclusion order for up to 12 months, and I think that supports individuals’ right to protest. I think we are should do something to quell some of the differences or lucky that we have those rights and have enjoyed them the potential for accidents for the hunters and protesters. since many of our forebears, including my father, went to war to fight for our freedoms. That would include Timber harvesting involves some pretty heavy-duty living in a society where we have the right to protest. machinery, and this is legitimate work for the operators of that machinery. They have the right to go to work However, when we have the right to protest, it is and carry out their tasks. I know there are people who important that it is done lawfully, safely and do not like that activity, but what is very important here responsibly. The key point here is that everybody has a is that the harvesting operators should be able to do right to protest. We are looking at unlawful protest their job without the fear of killing a protester. Some of activity. Also, everybody has the right to go to work the activities that have been undertaken by protesters and to be able to work safely in their job without have been dangerous. I have seen YouTube clips where disruption, regardless of what that role is. People have people have pranced through forests where they could the right to participate in duck hunting activities. It is a well be on the blind side of a harvesting operator, with legal recreational activity. In addition, we have the potential for machinery to hit that person and authorised officers who are involved in enforcement possibly cause a fatality. I can imagine the angst that activities here. They should be able to focus on their that would cause for all concerned, certainly the core role of ensuring compliance with the regulations protesters but also the equipment operators and their set out either within the game hunting sector or the families. I know fear of hurting someone causes a huge forestry industry. amount of stress for them.

Authorised officers can include a wide variety of The Knitting Nannas of Toolangi, for instance, might people; for example, those who work with the be a legitimate way of looking at protesting against Department of Environment and Primary Industries, the timber harvesting operations, but it is important that we park rangers and police officers. Also within that have strong regulations and legislation in place in this definition of authorised officers are the traditional area. The bill introduces timber harvesting safety zones custodians; it is interesting that they are picked up too. which are accessible by authorised people only. Time is taken away from these authorised officers’ Unauthorised access will be an offence. We are looking compliance activity when they — including the at maximum penalties of 20 penalty units or on-the-spot police — are diverted from their tasks to look at fines of 2 penalty units. Removing or destroying a managing illegal protest activity. barrier or a fence, restricting access to the site,

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obstructing harvesting operations and having what is a population that continues to grow at a high rate. This defined as a ‘prohibited thing’, such as a bolt cutter, precinct has the potential to provide this community cement mix or heavy steel and chain in your possession with a central, accessible and integrated court, police, during a protest will also be an offence. Again that Victoria Legal Aid and community justice centre. It attracts a penalty of 20 penalty units, which is over would be inexcusable for this not to be a high priority $2800, or on-the-spot penalties. as part of the new employment precinct.

There are certainly stronger penalties and even I note that the finalised precinct structure plan (PSP) for provision for a penalty of six months jail, if I am the employment precinct mentions the justice precinct correct. That is looking at putting a stop to the illegal only as part of a guideline, no. 39, which states: activities. People will be able to protest freely but not illegally and to do so in a responsible manner, and A new justice and cultural precinct, incorporating an integrated police station and law courts, should be developed timber workers will know that they can undertake their to the north-west of the heritage park, in the vicinity of the lawful means of work without fear of being involved in existing Werribee police station. a fatal accident. The introduction to the PSP provides that a ‘guideline’ I would like to commend the work that has been done means that discretion can be exercised and allows in the background on putting this bill together. The alternatives to be considered. It is the weaker alternative subject is quite complex and the bill deals with some to a ‘requirement’, which must be adhered to. areas that have been particularly challenging and high profile. I commend the bill to the house. The justice precinct has apparently been subsumed under the commercial hub. The listed planning Business interrupted under sessional orders. requirements put police and emergency services and law courts in place as part of the civic precinct, which ADJOURNMENT also includes in its list of appropriate uses galleries and museums, restaurants, cafes and bars, private East Werribee justice precinct kindergartens and car parks. None of this indicates to me that the dedicated justice precinct is a high priority The DEPUTY SPEAKER — Order! The question is: for this government. It is of the utmost importance that That the house now adjourns. a justice precinct be developed with the ability to cater for not only existing but also future growth needs in the Mr PALLAS (Tarneit) — The matter I wish to raise community. A crucial tenet of this is ensuring that there is for the Minister for Planning. The action I seek is for is adequate land acquisition for the future justice the minister to provide me with written advice precinct as land in the vicinity of the current Werribee concerning what action is being undertaken to ensure police station becomes available. It is my understanding adequate land acquisitions are made for a dedicated that government land to the south and east of the justice precinct in the East Werribee employment Werribee police station will soon be put on the market. precinct. The need for a justice precinct is well I ask that the minister confirm to what extent we can be recognised in the city of Wyndham. It was a confident that this government intends ensuring that fundamental part of the Werribee employment precinct this development will include this much-needed as originally proposed by the Labor government and dedicated justice precinct. has been supported by the local council. Our current infrastructure already presents significant difficulties Moorabbin Air Museum redevelopment for those in or seeking to access the justice system in Wyndham. The government has failed to address the Ms WREFORD (Mordialloc) — I wish to raise a needs of the community in respect of the provision of matter for the Minister for Tourism and Major Events. vital policing, legal and court facilities. The action I seek is for the minister to visit Moorabbin Airport to discuss with the board of the Moorabbin Air Werribee police station is overburdened and Museum a redevelopment idea for an Australian understaffed and lacks even the basics, such as enough national aviation museum. Tourism is a vitally desks and computers for local police officers. The local important part of our state’s economy. It employs Magistrates Court is badly in need of upgrading as it people, it entertains people and it does much more. becomes increasingly overcrowded and inadequate to There are opportunities for tourism across the whole the task of servicing the complex security requirements state, even in an area like the inland, industrial edge of of such a court. There is a single community legal Mentone. This part of Melbourne is home to service office for upwards of 200 000 residents, serving Moorabbin Airport, a thriving little hub of activity.

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Flights leave Moorabbin with cargo from local should consider, but not be limited to, the height of the businesses, there are joy flights, there is aviation Palace Theatre and the surrounding buildings. The training and there is even an air league squadron for proposed development is in the parliamentary precinct, younger flight enthusiasts. Among all the action there is and the impact of the development on the heritage value also the Moorabbin Air Museum operated by the of the precinct should be considered. Similarly, the Australian Aircraft Restoration Group (AARG). It was development is within Melbourne’s Chinatown established in 1962 and is home to nearly 50 aircraft precinct. Melbourne’s Chinatown is one of the world’s and 20 engines. There are all sorts of aircraft involved, oldest and most authentic Chinatown districts, and we from Australian planes to international ones, from must celebrate and conserve that part of Melbourne’s military planes to passenger planes. A few highlights heritage. It is a part of Melbourne’s heritage that adds to are a PBY Catalina flying boat, a CAC Wirraway and a the vitality, livability and attractiveness of our city. CAC Boomerang. It is quite a display. There is quite a state of Victoria theme to the collection, given that The second independent assessment I seek is in relation Victoria has a rich aviation history. to the impact that any closure of the Palace Theatre would have on the live music industry in Melbourne, The museum operates on a volunteer basis and any and opportunities for new bands to access appropriate takings go towards housing and fixing the displays. alternative venues in the city. There are few venues of However, to quote the group: this size left in Melbourne and the loss of the Palace Theatre could damage the local music industry. The AARG has assembled a world-class collection but is Melbourne’s live music scene is flourishing, but it is displaying it in a Third World facility. also precarious. Live music flourishes when there are a In the 1950s, and then again following the Pigott report number of appropriate venues. When there are too few of 1975, a national aviation museum was proposed but venues the industry loses its capacity to be viable and one has never been established. The Moorabbin Air sustainable. Museum is already most of the way towards being and is the logical starting point for the creation of an As a councillor at the City of Melbourne I was on the Australian national aviation museum. The first priority steering committee for Melbourne Music Week, an is to review the facilities. The old, cramped hangar does initiative that sought to encourage and grow not do the aircraft justice. It has the potential to be a Melbourne’s live music industry. We examined the fantastic highlight of Australian heritage tourism. It viability of and need for Melbourne Music Week should be attracting patronage from all over Australia through research into the economic and social benefits and all over the world, such is the quality of the aircraft of live music. The economic benefits pass to musicians it has on display. It is a shame that it is hidden away in and staff at venues who receive income but also include a dusty shed. secondary retailers who sell recorded music and instruments and provide education. The social benefits There is genuine potential for the Moorabbin Air include a reduction in antisocial behaviour and a Museum to become the Australian national aviation reduction in drinking at venues where live music is museum. As the board members have said to me, it performed. should be helping Tourism Victoria with one of its aims: converting overnight stays to two-night stays and It would be a shame to see Melbourne’s capacity for beyond. As a first step I invite the minister to come to entertainment restricted by the loss of the Palace see this for herself and be briefed by the museum board Theatre. I call on the minister to recognise the value of on the proposal. I look forward to a positive response. the theatre both from a heritage and cultural perspective and the role it has played in Melbourne since the 1860s. Palace Theatre development I ask the minister not to ignore these matters as he makes his decision and to take note of the need for Ms KANIS (Melbourne) — I wish to raise for the independent assessments around the two areas outlined attention of the Minister for Planning a matter in here tonight. relation to the proposed redevelopment of the Palace Theatre on Bourke Street. The action I seek is for the Waverley RSL ministerial visit minister to seek independent assessment of two areas before any decision on the planning application is Mr GIDLEY (Mount Waverley) — My made. The first independent assessment I seek is in adjournment matter tonight is for the attention of the relation to the heritage value of the Palace Theatre and Minister for Veterans’ Affairs. The action I seek is that the impact that the development would have on the the minister visit my electorate and meet with veterans surrounding streetscapes. The heritage assessment and members of the Waverley RSL to discuss the issues

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faced by local veterans and veterans organisations. One well as the many other issues facing local veterans and important local veterans organisation is the Waverley veterans organisations. sub-branch of the RSL. The sub-branch was formed on 9 September 1950 when 25 returned servicemen met at School funding the old Mechanics Institute hall, now Waverley hall, in Springvale Road, Black Flat. In 1960 its name was Mr BROOKS (Bundoora) — My adjournment item changed from Glen Waverley sub-branch to Waverley tonight is for attention of the Minister for Education. sub-branch in recognition of the then new Waverley The specific action I seek is for him to honour his municipality. Since that time the Waverley RSL has commitment to fund Victorian schools with the money grown and become an integral part of the Waverley that was committed by this government as part of the community. Better Schools agreement, or the Gonski funding as it is more commonly known, for the 2014 school year. It is The Waverley RSL supports the wellbeing and no secret that the government has been caught out betterment of RSL members as well as former and holding back the money that was originally committed serving members of the Australian Defence Force and to Victorian schools as part of the Better Schools their dependents through the provision of welfare and agreement. We all recall the Napthine government commemorative services, the maintenance of being dragged kicking and screaming to sign the Better high-quality facilities, the provision of hospitality for Schools agreement with the then Labor federal members and guests and, where appropriate, its government. That was an agreement that the Premier contribution to the needs of disadvantaged citizens in was happy to gloat would see Victoria commit an extra the city of Monash. It is therefore clear that the $5.4 billion over six years starting in the 2014 school sub-branch plays a crucial role in the community. This year. It was to be part of a $12.2 billion commitment in could not be illustrated more plainly than in the role the total, with $6.8 billion coming from the federal Waverley RSL plays in educating the young people of government. Putting aside the triple backflips we are the area about the horrors of war and the importance of seeing from the Abbott federal government on this remembering the sacrifices that our veterans made. issue and the appalling performance of the federal Initiatives such as the Norman A. Smith Memorial Minister for Education, Mr Pyne, we still think the Scholarship and the Anzac Day address are aimed at Victorian government should show a shred of decency involving the young people of the Waverley area. and provide the funding that it committed to Victorian schools in the 2014 school year. The members of the RSL are well placed to discuss matters of concern to veterans. The issues that local After the agreement was signed in August the Minister veterans have raised with me include concerns around for Education was only too keen to claim credit for the defence forces retirement and death benefits, the funding. He ran into this place and said: indexation of military superannuation pension … we delivered in spades for every single student in every payments compared with that of age and service single school in Victoria. pensions and why over $1 million was spent on consultants to tell us, among other things, why we But Victorian schools have not seen that funding. commemorate Anzac Day. Their concerns also include Victorian principals have got their budgets for next year the Australian War Memorial’s proposal to remove the but the money is not there. This government has ripped words ‘Known unto God’ from the tomb of the off every single student in every single school in Australian unknown soldier, as such words have Victoria. It is about time for this minister to ‘fess up, appeared on the tombstones of unidentified soldiers admit that he was trying to hold back that funding and from the commonwealth since World War I. There is apply it to Victorian schools in the manner in which he also the issue of the remains of local veterans remaining said he would. in place in perpetuity across the country. Many other issues were also raised with me. The other important aspect in relation to this funding is that it was in many cases going to replace national Veterans make up an important part of the Waverley partnership funding, which as members know was community. Veterans have made a significant targeted funding for a range of areas like literacy and sacrifice — for many the ultimate sacrifice — to defend numeracy as well as for students with disabilities. It our freedoms and our liberties, which in some cases we was targeted funding that supported schools to run take for granted today. I again invite the minister to particular programs — great programs. That funding is visit the Waverley RSL in my electorate and meet with lapsing this year to be replaced by the Better Schools veterans to discuss the issues I have raised tonight as funding next year. Unfortunately, as I said, this government has reneged on its commitment to

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Victorian schools to provide that funding next year, so well-known artists such as Tim Finn of Split Enz and this is in fact a cut in funding to many schools which Crowded House fame, Paul Dempsey from Something had been the beneficiaries of national partnership for Kate and former Cold Chisel band members Ian funding. The minister, who made much of the promise Moss and Don Walker. that no school would be worse off, should provide that funding to Victorian schools as he said he would do. I ask the Minister for Tourism and Major Events to consider supporting these important tourism events. Echuca-Moama tourism events Funding support will not only ensure that these events remain strong and successful but will strengthen local Mr WELLER (Rodney) — I address my question and state tourism and boost all associated economies in this evening to the Minister for Tourism and Major the process. Events, and it is in relation to two very important tourism events in Echuca-Moama. I specifically ask for Bushfire fuel reduction funds to support the 2014 Riverboats Music Festival and the 2014 Southern 80 Ski Race to ensure that both Mr HOWARD (Ballarat East) — I raise a matter events continue to prosper as major drawcards on the for the attention of the Minister for Environment and Echuca-Moama annual events calendar. There is little Climate Change, so I am pleased to see him in the doubt that these events are important ways to increase house tonight. It relates to the implementation of visits to regional Victoria and help boost local tourism. controlled fuel reduction burns. I ask the minister to take action to ensure that when the fuel reduction burns Tourism is worth $19.1 billion to Victoria, employing take place there are practices put in place to try to over 200 000 people, and supporting these events protect habitat trees, rather than ensuring their through targeted funding underpins the coalition destruction, and practices put in place that will provide government’s commitment to regional tourism. The greater protection for native fauna in those areas. Southern 80 event, owned and organised by the Moama Water Sports Club, is the biggest waterskiing event in I start by saying that of course I support the undertaking Australia. It is held on the Murray River in Echuca of controlled fuel reduction burns. They not only reduce during February — in peak tourism time. According to fuel loads in our forests but can prevent bushfires from the Shire of Campaspe figures, approximately 70 000 occurring at all in some cases. But where bushfires get spectators watched the 2013 event. Its study indicated under way, at least the intensity will not be as great and that last year’s event generated an economic impact on we can try to bring the fires under control before they the immediate region of more than $38 million. threaten surrounding housing and so on. Importantly, the study also indicated that 82 per cent of attendees were from outside the shire, representing an It has come to my attention that a practice has been increase of 11 per cent on the 2012 event, and that the undertaken recently where Department of Environment average length of stay for overnight visitors was and Primary Industries staff have adapted a policy of 2.8 nights. This is where funding for marketing an cutting down trees with hollows ahead of burns. event like the Southern 80 is very important, especially Apparently this is being done for occupational health aimed at areas outside Echuca-Moama. and safety reasons, but this practice is ensuring that we have fewer habitat trees in those areas. I am also Another important tourism event in Echuca-Moama is informed that the controlled burns are undertaken the recently revamped Riverboats Music Festival — where an exterior ring of fire is created and then formerly known as the Riverboats Jazz Food and Wine firebombing takes place within those areas. This Festival. This event has quickly become a popular and ensures that the native fauna in those areas has less permanent fixture on Victoria’s regional tourism opportunity to escape and is more likely to be caught calendar, which is no surprise given its unique riverside and incinerated in the burns. These policies are venue and the impressive list of premium Australian therefore threatening both our habitat trees and our musicians who have performed at it over the last two native animals. Clearly, in an electorate like mine, with years. forests such as the Wombat and the Enfield, the Brisbane Ranges National Park areas and forests The impressive names include former Men at Work around Creswick and other areas, it is of concern to frontman Colin Hay; Hunters and Collectors music many of the residents. People like Barbara Baird, who legend Mark Seymour; Pete Murray; James Reyne; and lives in the Brisbane Ranges near Meredith, have come many more. The 2014 festival will see the likes of The to share their concerns with me. Cat Empire, Dan Kelly’s Dream Band and Thelma Plum entertaining a younger demographic, as well as

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I have been pleased over recent years to be able to Metropolitan Fire Brigade and Country Fire Authority involve people like Kevin Tolhurst from the University was indispensable, and undoubtedly thousands of of Melbourne, who has significant expertise in this area. people owe their lives to these men and women who It was my understanding that staff of the Department of donate their time to help others. Sustainability and Environment, now the Department of Environment and Primary Industries, have been As the minister noted, in 2012–13, 325 000 volunteer working with Kevin Tolhurst to use his research to try hours were donated by SES members across the state, to ensure that their burns are more appropriate and to responding to 18 000 calls for help. The work that SES make best use of research. I am concerned that this is volunteers do is often dangerous and is not glamorous; not happening, and I want to see the minister take however, it is vital and life saving. The Moorabbin SES action to review controlled burn practices to ensure that branch has been involved in several operations in the they are better. electorate, including rescuing four people from their vehicles during flooding. The action I seek is for the Moorabbin and Glen Eira State Emergency Minister for Police and Emergency Services to come to Service units the Bentleigh electorate and meet with members of the Moorabbin and Glen Eira SES branches. Ms MILLER (Bentleigh) — I direct my request to the Minister for Police and Emergency Services to visit Fountain Gate Secondary College future the dedicated and hardworking Moorabbin and Glen problem solving team Eira State Emergency Service (SES) volunteers at their stations. As the minister is aware, Wednesday, Ms GRALEY (Narre Warren South) — My 13 November, was Wear Orange Wednesday, a day set adjournment matter is for the attention of the Minister aside each year for the Victorian community to say for Education and concerns the Future Problem Solving thank you to the thousands of SES volunteers who program team, EPIC, from Fountain Gate Secondary donate countless hours to assist their local communities College. The action I seek is that the minister commit to in times of disaster. It was great to see the SES providing financial assistance for the EPIC team to members in the Victorian Parliament on the day. travel to the United States to compete in the world championships. The Moorabbin and Glen Eira SES branches are the epitome of the Victorian SES. The staff and volunteers The Future Problem Solving program competition is of the stations have been serving the Bentleigh designed to push academically advanced students to electorate for over 30 years, providing vital assistance their limits in their thinking, creativity and people skills. in times of distress and assisting the local emergency The students involved choose a relevant issue in their services. community that they are passionate about and utilise their academic skills to solve it. The members of EPIC, In 2011, following a bout of severe flooding, the which stands for Encouraging Pride in Our Bentleigh electorate witnessed firsthand the important Community, chose to tackle what they perceived to be a work that the Moorabbin SES provides. Many streets lack of community spirit and pride within their local and homes were awash with water and many major community. They have been hard at work redesigning a roads were forced to close. The flooding was so severe local fountain symbol and surrounding gardens. that many local residents are still seeing the effects of the damage to this day. I am proud to have chaired The Narre Warren area is landmarked and represented several community meetings with residents and by the fountain structure originally designed by Robin Melbourne Water to find a viable solution to this Boyd in the 1960s. As part of the redevelopment the 100-year flood, and it is fantastic that a concept has students plan to have a stunning garden incorporating been designed and is due to be implemented. During some of the Aboriginal heritage and the multicultural this event the tireless efforts of the Moorabbin and Glen influences of the people who live there now. They have Eira SES branches played a crucial role in securing already received approval from the City of Casey and property, vehicles, pets and residents. The community are now working with council’s landscaping team on a is much richer for having the Moorabbin and Glen Eira suitable design. SES volunteers in the electorate. This outstanding team of young men and women Victoria as a state is no stranger to the SES. Black recently took their project to the Future Problem Saturday was a stark reminder of why these local Solving National Championships in Perth, and was groups are of such importance. The support they placed third. This outstanding result meant that they provided to the career and volunteer firefighters of the have now been invited to compete in the world

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4482 ASSEMBLY Tuesday, 10 December 2013 championships to be held in Iowa, USA. What an David Mandie pavilion, which is in desperate need of achievement! Congratulations to the team of Jessica an upgrade. The club is looking at making a range of Nikitina-Li, Liza Hernyak, Emily Hulme, Paul upgrades to this facility, including adding a gymnasium Pesamino, Rocky He and Vidul Malavde and their in order to use the facility for basketball and netball. coach, Jodie Doble. Of course none of this would have Most importantly, the club wants to be able to share the been possible without the stewardship of Vicki Walters, facility with the broader community. In order to principal of Fountain Gate Secondary College. upgrade this facility the club is going to need to raise Ms Walters has successfully fostered a learning about $600 000, and it has already started to work environment in which each and every one of her towards raising a $200 000 share from the community. students is given the opportunity to not only reach their However, the club will need a long-term lease if it is potential but exceed it. going to go to the community and secure this type of funding. It should also be noted that EPIC is the first team from a Victorian state school to be invited to the world The Minister for Sport and Recreation is in the chamber championships. There is no doubt that these students today and knows the great work that the AJAX deserve to undertake what is an opportunity of a Amateur Football Club does. It has been going for over lifetime. To do so, however, they will need to raise 50 years, having been formed in 1957. I had the $35 000 to cover the cost of their flights, opportunity to coach kids at the under-9 and under-10 accommodation and the other necessities of an overseas levels. We ended up with a premiership at one level, trip. This will be a difficult task, and they are hard at and I decided to retire from coaching at that point. work trying to get there. The club is looking to ensure that its future is secure, In the inquiry into the education of gifted and talented which requires an additional long-term lease. It is students, undertaken by the Education and Training hoping for a further 21-year lease at the expiry of its Committee, the chair, the member for Caulfield, said: current 21-year lease. A new long-term lease will give the club the opportunity to go to the community to raise The evidence presented to this inquiry paints a highly the funds to carry out its plans. It will also ensure that unsatisfactory picture of students whose significant potential to excel is often not even identified let alone nurtured. the club continues to provide for not only the Jewish community but also the broader community that lives He further added: around the area.

These neglected students represent our state’s future This is a great club; it is a community club and a visionaries and innovators. We owe it to our society as well as passionate club. People like Ian Fayman, who was to ourselves to give these students the most challenging and stimulating education possible. president for a number of years and has only just retired, are the sorts of people we need around our One of the key recommendations of the inquiry was to sporting facilities. They volunteer and put in the work provide greatly enhanced support for gifted students to make our clubs great. Put simply, it is difficult to and their families. I say to the minister: here is an raise funds from the community if you do not have opportunity. I have watched these young men and secure tenure. A new 21-year lease will ensure that the women grow and evolve as they have successfully built club’s tenure is secure and the funds can be raised. I ask this project from an idea into what will soon be the minister to talk to Parks Victoria and see what he something our community will cherish. I ask that the can do about granting an extension to the lease. minister commit to providing financial assistance for the Fountain Gate Secondary College EPIC team to Responses travel to the United States to compete in the world championships and do our state proud. Ms ASHER (Minister for Tourism and Major Events) — The member for Mordialloc has asked me to AJAX Football Club visit Moorabbin Airport in her electorate to discuss a redevelopment idea for the Australian National Mr SOUTHWICK (Caulfield) — I raise a matter Aviation Museum. She understands the importance of for the Minister for the Environment and Climate Victoria’s $19.1 billion tourism industry and has Change, who is in the house at the moment. The matter referred to it on multiple occasions in this house. The I raise is in regard to the AJAX amateur football club, member outlined to the house the extensive history of which is currently located at Albert Park. The club has this museum, which was established in 1962 and now occupied the facility for some time and is coming up to houses nearly 50 aircraft. I congratulate the member for the end of its 21-year lease. The club currently has the Mordialloc on her advocacy for a whole range of

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projects in her electorate and for her electorate itself. I we pass the baton on to the younger generation. A lot of also congratulate her on promoting this particular the history of our veterans needs to be passed to the tourist attraction. I will be delighted to visit her younger generation. The community does it very well electorate in the near future and discuss with the board at major ceremonial events and those types of things. its redevelopment idea for the museum. The member also spoke about matters the veterans would like discussed in relation to benefits and the The member for Rodney has requested funding for two remains of veterans, and he highlighted the significant events to be held in February 2014, the Southern 80 sacrifice our veterans have made. waterskiing event and the Riverboats Music Festival, both of which he has raised on multiple occasions in As you know, Deputy Speaker, right across the world this house. The member is a longstanding advocate for the commemoration of the Anzac centenary is coming local tourism opportunities and is also aware of the up. It will commence in 2014 and run to 2018. It will be economic impact that tourism generates in regional marked by millions of people in places of special Victoria. Members of this house will know, not because importance and in ways personally meaningful to a lot I expect them to read my press releases but from my of people. Here in Victoria the centenary provides an 90-second members statement this morning, that the opportunity for people to reflect on the commitment of government has recently introduced a regional tourism our nation and the contribution our local World War I policy. I am sure that the member for Rodney will find servicemen and women made to the First World War, much in that policy that is interesting to his electorate. the Great War. The coalition government, through Tourism Victoria’s I recently announced the membership of the Victorian event program, will provide $15 000 to assist the 2014 Anzac centenary committee. It will be chaired by the Southern 80 event and $27 500 to assist the Riverboats member for Hawthorn, and it also includes the member Music Festival. The funding will be used for a range of for Ballarat West. We have various programs that are television, radio and print advertising. assisting in that regard. One of those is the Restoring Tourism is a major contributor to Victoria’s regional Community War Memorials and Avenues of Honour economies. The document I released recently, our program. As we prepare for the centenary the strategy for regional tourism, has the latest research by maximum grant has been increased to $20 000, and Deloitte Access Economics showing tourism generates avenues of honour have been included. We have a $10.9 billion in economic activity in country Victoria veterans fund administered by the Victorian Veterans Council, with grants of up to $20 000 for alone and directly and indirectly employs almost commemorative events and education. 110 000 people. Specifically for the Murray region, the member will be interested to know tourism contributed We have many activities happening under the current $1.6 billion to the region’s economy and employed Anzac centenary initiative. One is the Shrine of 15 900 people in 2011–12, which is why the Remembrance travelling exhibition. We have government is delighted to support events such as those committed $200 000 to travel to 30 locations around outlined by the member for Rodney. Victoria during the centenary period. We have also committed $100 000 to the Anzac place-naming Mr DELAHUNTY (Minister for Veterans’ project, the Anzac Commemorative Naming Project, in Affairs) — I rise to respond to the matter raised with partnership with the Office of Geographic Names, to me tonight by the member for Mount Waverley, who support local communities — it could be the one the works very hard for his electorate and is very member for Mount Waverley spoke about — in having passionate about ensuring the health and wellbeing of a significant place, road et cetera named after a Victorians, particularly the residents of his electorate. significant World War I figure. He spoke about a few things tonight. One of the key things was that he invited me to visit some of the One other thing we are doing which is interesting, veterans in his community, particularly members of the probably more for members from country areas, is that Waverley RSL sub-branch. He spoke tonight about we have committed $68 000 to soldier settlement how important the sub-branch is to the Waverley records. This is through a partnership with the Public community and the crucial role it plays. It is an integral Record Office Victoria. We are digitising soldier part of the Waverley community, particularly in settlement records from the First World War. relation to the welfare of the veterans and also to the education of the younger people. Another thing I would encourage all members — not only the member for Mount Waverley and his Deputy Speaker, you know that as Minister for community — to look at is our website, which is Veterans’ Affairs I have a real passion for ensuring that www.anzaccentenary.vic.gov.au. It is a central resource

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for information about Victoria in World War I. It Education. I will ensure that those matters are passed particularly provides an opportunity for Victorians to on. upload their own stories and pictures. One of those is about the HMAT Orvieto event. The website presents a Finally, the member for Bentleigh raised a matter for lot of opportunity for Victorians to be involved. the Minister for Police and Emergency Services asking the minister to come out and meet members of her local The last thing I want to highlight is that we are State Emergency Service branch. I will ensure that that spending $45 million on the Galleries of Remembrance gets passed on to the minister. project down at the shrine. It is progressing very well. It will provide for exhibitions, an education centre, an The DEPUTY SPEAKER — Order! The house is auditorium and rolls of honour. Importantly, it will be a adjourned until tomorrow. great facility for people who attend the shrine, particularly during the centenary of Anzac. Again, I House adjourned 10.38 p.m. look forward to catching up with the member for Mount Waverley and the veterans in his electorate, particularly those at the Waverley RSL sub-branch.

Mr R. SMITH (Minister for Environment and Climate Change) — To respond to the member for Ballarat East, who raised matters regarding fuel reduction burning, the member has also provided me with some background information, and I will endeavour to address the issues he raised during his adjournment matter as well as the issues he has presented to me. I will ensure that I give him some very comprehensive feedback in relation to those issues, and I thank him for bringing those over to me. I appreciate it.

To the member for Caulfield, with regard to the lease for the AJAX Amateur Football Club, I note the member’s strong advocacy for youth and people getting out and about. What we want to see in this government is young people being more active more often.

Mr Delahunty — Hear, hear!

Mr R. SMITH — Indeed! Certainly I understand that the facilities currently do not cater for the needs of the football club. I understand that Parks Victoria has been in correspondence with the club, and I can tell the member for Caulfield that we have provided in-principle endorsement for the 21-year lease. We are in the middle of negotiations now to finalise the various aspects of the lease to make sure that we can accommodate the club. Certainly we are looking to put in place that 21-year lease, and we look forward to negotiations having mutual advantage for both the public and the club.

Having said that, I respond to other members who raised issues. The members for Tarneit and Melbourne raised issues for the Minister for Planning with regard to land acquisition in East Werribee and issues surrounding the Palace Theatre respectively.

The member for Bundoora and the member for Narre Warren South raised matters for the Minister for