PARLIAMENT OF VICTORIA
PARLIAMENTARY DEBATES (HANSARD)
LEGISLATIVE ASSEMBLY
FIFTY-SEVENTH PARLIAMENT
FIRST SESSION
Book 10 28, 29 and 30 June 2011
Internet: www.parliament.vic.gov.au/downloadhansard
By authority of the Victorian Government Printer
The Governor The Honourable ALEX CHERNOV, AO, QC
The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC
The ministry
Premier and Minister for the Arts...... The Hon. E. N. Baillieu, MP
Deputy Premier, Minister for Police and Emergency Services, Minister for Bushfire Response, and Minister for Regional and Rural Development...... The Hon. P. J. Ryan, MP
Treasurer...... The Hon. K. A. Wells, MP
Minister for Innovation, Services and Small Business, and Minister for Tourism and Major Events...... The Hon. Louise Asher, MP
Attorney-General and Minister for Finance...... The Hon. R. W. Clark, MP
Minister for Employment and Industrial Relations, and Minister for Manufacturing, Exports and Trade ...... The Hon. R. A. G. Dalla-Riva, MLC
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 Multicultural Affairs and Citizenship...... The Hon. N. Kotsiras, MP
Minister for Housing, and Minister for Children and Early Childhood Development...... The Hon. W. A. Lovell, MLC
Minister for Corrections, Minister for Crime Prevention and Minister responsible for the establishment of an anti-corruption commission . . . The Hon. A. J. McIntosh, MP
Minister for Public Transport and Minister for Roads...... The Hon. T. W. Mulder, MP
Minister for Ports, Minister for Major Projects, Minister for Regional Cities and Minister for Racing...... The Hon. D. V. Napthine, MP
Minister for Gaming, Minister for Consumer Affairs, and Minister for Energy and Resources...... The Hon. M. A. O’Brien, MP
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 Agriculture and Food Security, and Minister for Water...... The Hon. P. L. Walsh, MP
Minister for Mental Health, Minister for Women’s Affairs and Minister for Community Services...... The Hon. M. L. N. Wooldridge, MP
Cabinet Secretary...... Mr D. J. Hodgett, MP
Legislative Assembly committees
Privileges Committee — Ms Barker, Mr Clark, Ms Green, Mr McIntosh, Mr Morris, Dr Napthine, Mr Nardella, Mr Pandazopoulus and Mr Walsh.
Standing Orders Committee — The Speaker, Ms Allan, Ms Barker, Mr Brooks, Mrs Fyffe, Mr Hodgett, Mr McIntosh and Mrs Powell.
Joint committees
Dispute Resolution Committee — (Assembly): Ms Allan, Mr Clark, Ms Hennessy, Mr Holding, Mr McIntosh, Dr Napthine and Mr Walsh. (Council): Mr D. Davis, Mr Hall, Mr Lenders, Ms Lovell and Ms Pennicuik. Drugs and Crime Prevention Committee — (Assembly): Mr Battin and Mr McCurdy. (Council): Mr Leane, Mr Ramsay and Mr Scheffer. Economic Development and Infrastructure Committee — (Assembly): Mr Burgess, Mr Foley, Mr Noonan and Mr Shaw. (Council): Mrs Peulich. Education and Training Committee — (Assembly): Mr Crisp, Ms Miller and Mr Southwick. (Council): Mr Elasmar and Ms Tierney. Electoral Matters Committee — (Assembly): Ms Ryall and Mrs Victoria. (Council): Mr Finn, 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): Mrs Bauer, Ms Halfpenny, Mr McGuire and Mr Wakeling. (Council): Mrs Coote and Ms Crozier. House Committee — (Assembly): The Speaker (ex officio), Ms Beattie, Ms Campbell, Mrs Fyffe, Ms Graley, Mr Wakeling and Mr Weller. (Council): The President (ex officio), Mr Drum, Mr Eideh, Mr Finn, Ms Hartland, and Mr P. Davis. Law Reform Committee — (Assembly): Mr Carbines, Ms Garrett, Mr Newton-Brown and Mr Northe. (Council): Mrs Petrovich. Outer Suburban/Interface Services and Development Committee — (Assembly): Ms Graley, Ms Hutchins and Ms McLeish. (Council): Mrs Kronberg and Mr Ondarchie. Public Accounts and Estimates Committee — (Assembly): Mr Angus, Ms Hennessey, Mr Morris and Mr Scott. (Council): Mr P. Davis, Mr O’Brien and Mr Pakula. 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 Campbell, Mr Eren, Mr Gidley, Mr Nardella and Mr Watt. (Council): Mr O’Brien and Mr O’Donohue.
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: Ms Beattie, Mr Blackwood, Mr Burgess, Ms Campbell, Mr Eren, Mr Languiller, Mr Morris, Mr Nardella, Mr Northe, Mr Pandazopoulus, Dr Sykes, Mr Thompson, Mr Tilley, Mrs Victoria and Mr Weller. Leader of the Parliamentary Liberal Party and Premier: The Hon. E. N. BAILLIEU 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. R. J. HULLS
Member District Party Member District Party Allan, Ms Jacinta Marie Bendigo East ALP Lim, Mr Muy Hong Clayton ALP Andrews, Mr Daniel Michael Mulgrave ALP McCurdy, Mr Timothy Logan Murray Valley Nats Angus, Mr Neil Andrew Warwick Forest Hill LP McGuire, Mr Frank 2 Broadmeadows ALP Asher, Ms Louise Brighton LP McIntosh, Mr Andrew John Kew LP Baillieu, Mr Edward Norman Hawthorn LP McLeish, Ms Lucinda Gaye Seymour LP Barker, Ms Ann Patricia Oakleigh ALP Madden, Mr Justin Mark Essendon ALP Battin, Mr Bradley William Gembrook LP Merlino, Mr James Anthony Monbulk ALP Bauer, Mrs Donna Jane Carrum LP Miller, Ms Elizabeth Eileen Bentleigh LP Beattie, Ms Elizabeth Jean Yuroke ALP Morris, Mr David Charles Mornington LP Blackwood, Mr Gary John Narracan LP Mulder, Mr Terence Wynn Polwarth LP Brooks, Mr Colin William Bundoora ALP Napthine, Dr Denis Vincent South-West Coast LP Brumby, Mr John Mansfield 1 Broadmeadows ALP Nardella, Mr Donato Antonio Melton ALP Bull, Mr Timothy Owen Gippsland East Nats Neville, Ms Lisa Mary Bellarine ALP Burgess, Mr Neale Ronald Hastings LP Newton-Brown, Mr Clement Arundel Prahran LP Campbell, Ms Christine Mary Pascoe Vale ALP Noonan, Mr Wade Mathew Williamstown ALP Carbines, Mr Anthony Richard Ivanhoe 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 Pallas, Mr Timothy Hugh Tarneit ALP D’Ambrosio, Ms Liliana Mill Park ALP Pandazopoulos, Mr John Dandenong ALP Delahunty, Mr Hugh Francis Lowan Nats Perera, Mr Jude Cranbourne ALP Dixon, Mr Martin Francis Nepean LP Pike, Ms Bronwyn Jane Melbourne ALP Donnellan, Mr Luke Anthony Narre Warren North ALP Powell, Mrs Elizabeth Jeanette Shepparton Nats Duncan, Ms Joanne Therese Macedon ALP Richardson, Ms Fiona Catherine Alison Northcote ALP Edwards, Ms Janice Maree Bendigo West ALP Ryall, Ms Deanne Sharon Mitcham LP Eren, Mr John Hamdi Lara ALP Ryan, Mr Peter Julian Gippsland South Nats Foley, Mr Martin Peter Albert Park ALP Scott, Mr Robin David Preston ALP Fyffe, Mrs Christine Ann Evelyn LP Shaw, Mr Geoffrey Page Frankston LP Garrett, Ms Jane Furneaux Brunswick ALP Smith, Mr Kenneth Maurice Bass LP Gidley, Mr Michael Xavier Charles Mount Waverley LP Smith, Mr Ryan Warrandyte LP Graley, Ms Judith Ann Narre Warren South ALP Southwick, Mr David James Caulfield LP Green, Ms Danielle Louise Yan Yean ALP Sykes, Dr William Everett Benalla Nats Halfpenny, Ms Bronwyn Thomastown ALP Thompson, Mr Murray Hamilton Ross Sandringham LP Helper, Mr Jochen Ripon ALP Thomson, Ms Marsha Rose Footscray ALP Hennessy, Ms Jill Altona ALP Tilley, Mr William John Benambra LP Herbert, Mr Steven Ralph Eltham ALP Trezise, Mr Ian Douglas Geelong ALP Hodgett, Mr David John Kilsyth LP Victoria, Mrs Heidi Bayswater LP Holding, Mr Timothy James Lyndhurst ALP Wakeling, Mr Nicholas Ferntree Gully LP Howard, Mr Geoffrey Kemp Ballarat East ALP Walsh, Mr Peter Lindsay Swan Hill Nats Hulls, Mr Rob Justin Niddrie ALP Watt, Mr Graham Travis Burwood LP Hutchins, Ms Natalie Maree Sykes Keilor ALP Weller, Mr Paul Rodney Nats Kairouz, Ms Marlene Kororoit 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 Languiller, Mr Telmo Ramon Derrimut ALP
1 Resigned 21 December 2010 2 Elected 19 February 2011
CONTENTS
TUESDAY, 28 JUNE 2011 Yea: cittaslow town...... 2257 Flemington: neighbourhood renewal program ...... 2257 QUESTIONS WITHOUT NOTICE Bushfires: royal commission recommendations ...... 2258 Office of Public Prosecutions: review ...... 2241, 2242 Ambulance services: subscriptions ...... 2258 Government: achievements...... 2242 Breast cancer: football match ...... 2258 Water: concessions...... 2244 Edward and Elizabeth O’Toole...... 2259 Director of Public Prosecutions: resignation ...... 2244 Robert and Beverley Hoskins ...... 2259 Schools: literacy and numeracy...... 2244 Taralye oral language centre: open week...... 2259 Minister for Police and Emergency Services: Bishop Vincent Long Van Nguyen: ordination ...... 2259 adviser...... 2245 Refugee Week: art and craft exhibition...... 2259 Bushfires: government assistance...... 2245 Children: Take a Break program ...... 2259 DISTINGUISHED VISITOR...... 2246 Lalor Tennis Club: awards...... 2260 Northern Saints Football Club: function ...... 2260 JUSTICE LEGISLATION AMENDMENT Murray Valley electorate: community events ...... 2260 (PROTECTIVE SERVICES OFFICERS) BILL 2011 Joy and Greg Johnson ...... 2260 Introduction and first reading...... 2246 Cobram Estate: awards...... 2261 TRANSPORT LEGISLATION AMENDMENT (PUBLIC Living Longer Living Stronger: funding ...... 2261 TRANSPORT SAFETY) BILL 2011 Anglicare Victoria: awards ceremony ...... 2261 Introduction and first reading...... 2246 Schools: former government performance...... 2261 FARM DEBT MEDIATION BILL 2011 Taylors Lakes Primary School: achievements...... 2261 Introduction and first reading...... 2247 Rail: Mildura line ...... 2262 DRUGS, POISONS AND CONTROLLED Ross Lake ...... 2262 SUBSTANCES AMENDMENT (DRUGS OF RecLink Australia: football fundraiser...... 2262 DEPENDENCE) BILL 2011 Sacred Heart Mission: concert...... 2262 Introduction and first reading...... 2247 Country Fire Authority: Rowville brigade...... 2262 LOCAL GOVERNMENT AMENDMENT Ferntree Gully junior football club: dinner ...... 2262 (ELECTORAL MATTERS) BILL 2011 CONSUMER ACTS AMENDMENT BILL 2011 Introduction and first reading...... 2247 Second reading ...... 2263 ABORIGINAL HERITAGE AMENDMENT BILL 2011 ACCIDENT TOWING SERVICES AMENDMENT Introduction and first reading...... 2247 BILL 2011 Statement of compatibility...... 2247 Second reading ...... 2285 Second reading...... 2248 ADJOURNMENT Third reading...... 2250 Rail: Sydenham line...... 2303 PETITIONS Planning: sale of green wedge produce...... 2303 Olivia Newton-John Cancer and Wellness Floods: city of Casey ...... 2304 Centre: funding ...... 2251 Agriculture: Morwell electorate...... 2304 Children: Take a Break program ...... 2251 You Yangs Regional Park: closure...... 2305 Rail: North Shore station ...... 2251 Berwick: commemorative statue ...... 2305 Vietnam: communism...... 2251 Rail: Hallam station...... 2306 Alpine National Park: cattle grazing...... 2251 Housing: work and learning centres...... 2306 SCRUTINY OF ACTS AND REGULATIONS Housing: Heidelberg West ...... 2307 COMMITTEE Walhalla and mountain rivers region: Alert Digest No. 7...... 2252 ministerial visit ...... 2307 DOCUMENTS ...... 2252 Responses...... 2308 ROYAL ASSENT...... 2252 JOINT SITTING OF PARLIAMENT WEDNESDAY, 29 JUNE 2011 Victorian Health Promotion Foundation ...... 2253, 2285 BUSINESS OF THE HOUSE PETITIONS Program ...... 2253 Geelong High School: funding...... 2313 MEMBERS STATEMENTS Planning: Geelong development ...... 2313 Terry Tierney and Anthony Pisano...... 2256 Bayside P–12 College: facilities...... 2313 Stamp duty: first home buyers...... 2256 Schools: Doreen...... 2313 Public transport: western suburbs...... 2256 DOCUMENTS ...... 2314 Planning: Caulfield Village ...... 2256 MEMBERS STATEMENTS Jewish Community Council of Victoria: Torquay Froth and Bubble Literary Festival...... 2314 under-age drinking initiative ...... 2257 Croatian community: independence Roei Sadan...... 2257 celebrations...... 2314 Fr Bill Beagley ...... 2257 Banyule Homestead: future ...... 2314
CONTENTS
Former government: performance ...... 2314 Nurses and midwives: enterprise bargaining...... 2352 Circus Oz: Steampowered...... 2315 Office of Public Prosecutions: review...... 2354 National Gallery of Victoria: European art TRANSPORT LEGISLATION AMENDMENT (PUBLIC exhibition...... 2315 TRANSPORT SAFETY) BILL 2011 Golden Square Primary School: funding ...... 2315 Statement of compatibility...... 2372 Floods: government assistance...... 2315 Second reading...... 2372 Tourism: north-eastern Victoria...... 2315 JUSTICE LEGISLATION AMENDMENT Cranbourne: men’s shed...... 2316 (PROTECTIVE SERVICES OFFICERS) BILL 2011 John Holmes...... 2316 Statement of compatibility...... 2373 Special Olympics: Australian athletes...... 2316 Second reading...... 2376 Buses: Gembrook electorate...... 2316 FARM DEBT MEDIATION BILL 2011 Rythdale-Officer-Cardinia football and netball Statement of compatibility...... 2377 club: facilities...... 2316 Second reading...... 2378 Police: Emerald station...... 2316 Operation Newstart: Geelong...... 2316 DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT (DRUGS OF Crime: statistics...... 2317 DEPENDENCE) BILL 2011 Ballarat East electorate: government Statement of compatibility...... 2380 commitments...... 2317 Second reading...... 2380 Eagle Point Primary School: upgrade ...... 2317 LOCAL GOVERNMENT AMENDMENT Nowa Nowa men’s choir...... 2317 (ELECTORAL MATTERS) BILL 2011 Macy Hambrook...... 2318 Statement of compatibility...... 2381 Glenda Moulton...... 2318 Second reading...... 2382 Australian Turkish Business Council...... 2318 Australian Labor Party: replacement campaign...... 2318 CONSUMER ACTS AMENDMENT BILL 2011 Araluen Centre: housing proposal ...... 2319 Second reading...... 2383 Somerville Tyabb Rotary Club: JOINT SITTING OF PARLIAMENT 25th anniversary ...... 2319 Victorian Health Promotion Foundation ...... 2393, 2422 Literacy Villages: Frankston and Mornington PARLIAMENTARY SALARIES AND Peninsula...... 2319 SUPERANNUATION AMENDMENT BILL 2011 McClelland Gallery and Sculpture Park: Second reading...... 2393 40th anniversary ...... 2319 ADJOURNMENT Employment: government performance ...... 2319 Portarlington: safe harbour ...... 2413 Fairway Hostel: improvements...... 2320 Bentleigh Secondary College: ministerial visit...... 2414 Sandringham electorate: graffiti removal ...... 2320 Crime: Broadmeadows electorate...... 2414 Member for Mount Waverley: conduct...... 2320 Bees: sites...... 2415 University of the Third Age: city of Kingston...... 2320 Clayton electorate: landfill sites...... 2415 Mordialloc Beach Primary School: Korean Shire of Mornington Peninsula: RideSafe celebration...... 2321 strategy...... 2416 Greensborough College: rebuilding...... 2321 Bicycle infrastructure: funding...... 2416 MATTER OF PUBLIC IMPORTANCE Lake Eppalock: flood damage...... 2417 Government: achievements...... 2321 Upper Yarra Dam shed: heating...... 2417 PERSONAL EXPLANATION Ashwood College: funding...... 2418 Member for Mount Waverley...... 2341 Responses ...... 2418 SUSPENSION OF MEMBER Member for Mill Park ...... 2341 THURSDAY, 30 JUNE 2011 STATEMENTS ON REPORTS Public Accounts and Estimates Committee: NOTICES OF MOTION ...... 2423 budget estimates 2011–12 (part 1) ...... 2341, PETITIONS 2342, 2343 Community sector: wages...... 2423 BUSINESS OF THE HOUSE Victorian Arabic Social Services: funding ...... 2423 Sessional orders ...... 2344 Rail: Moonee Ponds station...... 2423 Orders of the day...... 2369 VICTORIAN CHILD DEATH REVIEW COMMITTEE TERRORISM (COMMUNITY PROTECTION) Report 2011...... 2424 AMENDMENT BILL 2011 NATIONAL BLOOD AUTHORITY Second reading...... 2347, 2355 Report 2009–10...... 2424 QUESTIONS WITHOUT NOTICE PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE Gaming: auction process ...... 2348, 2349, 2350, 2352, 2353, 2354 Budget estimates 2011–12 (part 2)...... 2424 Rail: protective services officers...... 2351 DOCUMENTS ...... 2425
CONTENTS
ROYAL ASSENT...... 2425 Third reading ...... 2480 LAW REFORM COMMITTEE ACCIDENT TOWING SERVICES AMENDMENT Reference...... 2425 BILL 2011 MEMBER FOR MOUNT WAVERLEY: CONDUCT ...... 2425 Second reading ...... 2480 Third reading ...... 2480 BUSINESS OF THE HOUSE Adjournment...... 2425 CONSUMER ACTS AMENDMENT BILL 2011 Second reading ...... 2480 MEMBERS STATEMENTS Third reading ...... 2480 Member for Mount Waverley: conduct ...... 2426, 2428 Bill Larkin...... 2426 ADJOURNMENT Ralph Willis and George Saliba ...... 2427 State Revenue Office: first home owner grant ...... 2480 Government: achievements...... 2427 Schools: languages other than English...... 2481 NAIDOC Week...... 2428 Skilling the West: funding...... 2481 Can We Go Home Now?: launch ...... 2428 Falls Creek Kangaroo Hoppet: funding ...... 2482 Country Fire Authority: Wonga Park station...... 2429 Industrial relations: government policy...... 2483 National Celtic Festival ...... 2429 Torquay: racist behaviour...... 2483 Timber industry: East Gippsland...... 2429 Hosken Reserve, Pascoe Vale: floodlighting ...... 2484 Victorian Arabic Social Services: funding .....2430, 2432 Kingston Heath Primary School: library...... 2484 Senator Judith Troeth...... 2430 Panch Health Service: funding...... 2485 Inn Their Shoes Sleepout...... 2430 Children: Take a Break program ...... 2485 Frankston Special Developmental School: Responses...... 2486 Making Music Being Well program ...... 2431 Frankston electorate: ministerial visit...... 2431 QUESTIONS ON NOTICE CarbonetiX: ResourceSmart school awards ...... 2431 McClelland Gallery and Sculpture Park: TUESDAY, 28 JUNE 2011 40th anniversary ...... 2431 Children: cyberbullying ...... 2431 26. Police and emergency services: Manufacturing: Danone-Murray Goulburn joint police — Sebastopol station...... 2489 venture...... 2432 27. Police and emergency services: Rail: north-eastern Victoria service ...... 2432 police — Ballarat North station...... 2490 Cost of living: government initiatives...... 2432 52. Police and emergency services: Clayton electorate: landfill sites...... 2433 protective services officers — David Prideaux ...... 2433 railway stations ...... 2490 DISTINGUISHED VISITORS...... 2433, 2458, 2459 56. Public transport: rail — Ballan station..... 2491 GOVERNOR’S SPEECH 57. Public transport: rail — Ballan passing Address-in-reply...... 2433, 2458, 2466, 2480 loop ...... 2492 QUESTIONS WITHOUT NOTICE 104(h). Community services: ministerial Gaming: auction process ...... 2459, 2462, 2463 visits — city of Ballarat...... 2492 Employment: growth...... 2459 104(x). Mental health: ministerial visits — city Government: fees and charges ...... 2460, 2461, 2462 of Ballarat...... 2492 Regional and rural Victoria: government 104(ap). Water: ministerial visits — city of initiatives ...... 2461 Ballarat...... 2493 Government: e-services procurement policy...... 2463 104(aq). Women’s affairs: ministerial visits — Waste management: government action...... 2464 city of Ballarat...... 2493 Government: procurement policy...... 2465 124(al). Housing: ministerial visits — shire of Greyhound racing: government support ...... 2465 Golden Plains...... 2493 125(al). Housing: ministerial visits — shire of SUSPENSION OF MEMBERS Moorabool...... 2494 Member for Eltham ...... 2461 126(al). Housing: ministerial visits — shire of Member for Altona...... 2462 Hepburn...... 2494 Member for Yan Yean ...... 2463 127(al). Housing: ministerial visits — shire of Member for Albert Park...... 2464 Macedon Ranges...... 2494 Member for Bendigo East...... 2465 130. Public transport: rail — Merinda Park PARLIAMENTARY SALARIES AND and Narre Warren stations ...... 2495 SUPERANNUATION AMENDMENT BILL 2011 148(a). Premier: women on boards, councils Second reading...... 2468 and committees...... 2495 Third reading...... 2479 148(c). Employment and industrial relations: TERRORISM (COMMUNITY PROTECTION) women on boards, councils and AMENDMENT BILL 2011 committees...... 2495 Second reading...... 2480
CONTENTS
148(e). Aboriginal affairs: women on boards, 125(t). Innovation, services and small councils and committees...... 2496 business: ministerial visits — shire 148(h). Community services: women on of Moorabool...... 2504 boards, councils and committees ...... 2496 125(an). Tourism and major events: ministerial 148(l). Education: women on boards, councils visits — shire of Moorabool...... 2504 and committees ...... 2496 126(t). Innovation, services and small 148(m). Higher education and skills: women on business: ministerial visits — shire boards, councils and committees ...... 2497 of Hepburn...... 2505 148(n). Teaching profession: women on 126(an). Tourism and major events: ministerial boards, councils and committees ...... 2497 visits — shire of Hepburn...... 2505 148(s). Technology: women on boards, 127(t). Innovation, services and small councils and committees...... 2497 business: ministerial visits — shire 148(t). Innovation, services and small of Macedon Ranges...... 2505 business: women on boards, 148(ae). Health: women on boards, councils councils and committees...... 2498 and committees...... 2505 148(u). Manufacturing, exports and trade: 264. Health: Bendigo Health — linear women on boards, councils and accelerator...... 2506 committees ...... 2498 148(v). Local government: women on boards, councils and committees...... 2498 MEMBERS INDEX ...... i 148(w). Major projects: women on boards, councils and committees...... 2499 148(x). Mental health: women on boards, councils and committees...... 2499 148(z). Children and early childhood development: women on boards, councils and committees...... 2499 148(ab). Aviation industry: women on boards, councils and committees...... 2500 148(ah). Regional and rural development: women on boards, councils and committees ...... 2500 148(ai). Regional cities: women on boards, councils and committees...... 2500 148(ak). Sport and recreation: women on boards, councils and committees ...... 2501 148(an). Tourism and major events: women on boards, councils and committees ...... 2501 148(ao). Veterans’ affairs: women on boards, councils and committees...... 2501 148(aq). Women’s affairs: women on boards, councils and committees...... 2502 148(ar). Youth affairs: women on boards, councils and committees...... 2502
THURSDAY, 30 JUNE 2011
104(t). Innovation, services and small business: ministerial visits — city of Ballarat ...... 2503 104(an). Tourism and major events: ministerial visits — city of Ballarat ...... 2503 124(t). Innovation, services and small business: ministerial visits — shire of Golden Plains ...... 2503 124(an). Tourism and major events: ministerial visits — shire of Golden Plains ...... 2504
QUESTIONS WITHOUT NOTICE
Tuesday, 28 June 2011 ASSEMBLY 2241
Tuesday, 28 June 2011 On Thursday, 13 May 2010, at 3.45 p.m., by appointment, I attended the office of a senior minister The SPEAKER (Hon. Ken Smith) took the chair at within the then Labor government. I conveyed the 2.05 p.m. and read the prayer. sentiments which had been outlined to me by Mr Payne. I did so without identifying Mr Payne by name. The minister was already aware of the concerns QUESTIONS WITHOUT NOTICE as I expressed them to him. The minister and I agreed that these were matters of great sensitivity. I undertook Office of Public Prosecutions: review to the minister that I would make no public comment about the matters that we were discussing and that I Mr ANDREWS (Leader of the Opposition) — My would not discuss that meeting with the minister with question is directed to the Premier. I refer the Premier anyone. Save for later that day confirming by phone to previous answers he has given in this place, and I call to Mr Payne that his concerns had been conveyed ask: can the Premier again confirm that no-one in his to the government, I have not spoken about that government has declared a perceived or actual conflict meeting until today. My purpose in meeting with the regarding the investigations and subsequent report of minister was to acquaint him with the matters conveyed Mr Frank Vincent in relation to the Office of Public to me by Mr Payne and to do so in a confidential Prosecutions? manner. Several days later I received a telephone call Mr BAILLIEU (Premier) — I thank the Leader of from the minister, who indicated to me that he was the Opposition for his question. The answer I have about to meet Mr Rapke. We had a brief discussion, given to this question on the previous occasion is and the call then concluded. entirely appropriate. Since May 2010 I have not met with or spoken to Office of Public Prosecutions: review Mr Payne. The matters about which he contacted me were reflected in the subsequent media coverage over Mr HODGETT (Kilsyth) — My question is to the the ensuing months relating to the office of the Director Deputy Premier as Minister for Police and Emergency of Public Prosecutions. I contributed absolutely nothing Services. Further to media reports today, can the to that media coverage. I played no part in either the Deputy Premier confirm whether he made any formulation or the practical implementation of the representations to Mr Frank Vincent, QC, in relation to coalition’s election policy giving rise to the review by Mr Vincent’s inquiry into the Office of Public former Justice Frank Vincent. At no time did I make Prosecutions? any declaration of conflict of interest to the Premier, the Attorney-General or otherwise; rather, I simply Mr RYAN (Minister for Police and Emergency exempted myself from relevant discussions concerning Services) — I thank the member for his very the Vincent review. I did so having regard to the appropriate question. It avails me the opportunity to undertaking that I had given the minister. deal with matters that have been raised in the media today in the course of responding to the position put to The Vincent review was conducted by former me by the member. Justice Frank Vincent in a completely appropriate manner in accordance with his terms of reference. I I can tell the house that almost 20 years ago I was made no contribution in any way whatsoever to that involved in a professional working association with review. My sole purpose in contacting the minister was Stephen Payne in a legal firm in Gippsland. In 1992, to convey the matters put to me by Mr Payne and to do after I was elected to Parliament, that association so in the interests of reporting those conflicts within the concluded. Over the intervening years leading up to office of the Director of Public Prosecutions, an office 2010 I have had infrequent and only intermittent for which I have enormous respect. contact with Mr Payne. During April 2010 Mr Payne, who was then employed by the Office of Public Office of Public Prosecutions: review Prosecutions, contacted me. We subsequently met. Mr Payne expressed to me a number of his concerns Ms HENNESSY (Altona) — My question is to the about matters relating to the conduct of the office of the Premier. Can the Premier confirm that the real reason Director of Public Prosecutions. He indicated to me that the government will not release the Vincent report into his concerns were shared by others in that office and the Office of Public Prosecutions is that it exposes that he had been asked to convey those matters to me conflicts of interest that have not been declared by with the intention that they, in turn, be conveyed to the senior members of the government? then government.
QUESTIONS WITHOUT NOTICE
2242 ASSEMBLY Tuesday, 28 June 2011
Mr BAILLIEU (Premier) — I thank the member The member asked particularly about stamp duty cuts for her question. I refer to the response the Deputy for first home buyers. We committed at the election to Premier has just given — and it is clear that the reduce first home buyer stamp duty by 50 per cent over member did not adjust her question as a consequence. I the first term of the government. We said at the time remind the house, as I did on the last occasion when we that from 1 July this year there would be a 20 per cent met, of the circumstances around the resignation of cut for eligible homebuyers, with progressive increases another member of the judiciary, former Chief to 30 per cent from 1 January 2013, 40 per cent from Magistrate Michael Adams, and of reports on 1 January 2014 and 50 per cent by September 2014. I 31 October 2000. In that case it was commentary from am very proud to say that on 1 July — that is, this the then Attorney-General: week — that 20 per cent cut will apply. I know the Treasurer is very proud of this and is keen to see this in The terms of Mr Adams’s resignation are confidential but place. recognise the seniority of his office. Ms Allan — On a point of order, Speaker, the Eligible first home buyers purchasing a home worth up Premier is starting to debate the matter and bring in to $600 000 will be eligible for a $13 000 benefit if they material that is not relevant to the question. The purchase a new home in metropolitan Melbourne and question was very clearly about the Vincent report on $19 500 if they purchase a new home in regional the Office of Public Prosecutions and had nothing to do Victoria. This is in addition to the $7000 available with these other matters, and we would hope the under the first home owner grant scheme for homes Premier would come back to answering the question he worth up to $750 000. Specifically in terms of the was asked. stamp duty cuts, on a median house price of $565 000, a 20 per cent cut from 1 July will mean nearly $5800 in The SPEAKER — Order! I request that the Premier savings and on a $400 000 home, a $3200 stamp duty come back to answering the question. saving. Young farmers aged under 35 who buy their first farmland property valued up to $300 000 will also Mr BAILLIEU — As the Attorney-General has be exempt from paying stamp duty. Young farmers will explained on a number of occasions, the report contains also be entitled to a concession for farmland properties sensitive matters, and it was the view of the valued between $300 000 and $400 000. government that it would be inappropriate to release that report. I make the point again, as has been made in Getting into the property market for a first home buyer the public arena and I believe in this house as well, that is a big step, and it is important that we attract as many that position has been supported by the Law Institute of young first home buyers as possible and indeed as Victoria. many young farmers as possible. Additional measures were taken at budget time to improve housing Government: achievements affordability for pensioners, concession card holders and self-funded retirees. These are important steps. Mrs BAUER (Carrum) — My question is to the They help people who need the assistance to get into Premier. Can the Premier outline to the house the the market. They help with housing affordability. These substantial additional benefits to the Victorian are steps which are appreciated. We made community of the government delivering on its election commitments to them in the election campaign, and commitments to help families with the cost of living, in indeed we will be meeting those commitments and particular the reduction in stamp duty for first home assisting first home buyers. We look forward to first buyers from 1 July? home buyers being able to engage in the market for the first time. In doing so, we acknowledge the Mr BAILLIEU (Premier) — I thank the member commitment this government made and the fact that we for her question and for her commitment to assisting have met our promises. first home buyers in particular. Friday is 1 July, and 1 July will be an important date because from 1 July a Office of Public Prosecutions: review number of initiatives of this government kick in. That will obviously include stamp duty cuts to assist first Ms HENNESSY (Altona) — My question is to the home buyers, young farmers, pensioners and Deputy Premier. I note the Deputy Premier’s failure to concession card holders, and self-funded retirees, declare his relationship with Mr Payne, and I ask: on helping them to purchase a home. Ambulance what basis did the Deputy Premier exempt himself membership subscription fees will be cut in half. A from decision making and did this include all cabinet number of other coalition initiatives kick in on 1 July, and cabinet committee deliberations? including free entry to the zoo.
QUESTIONS WITHOUT NOTICE
Tuesday, 28 June 2011 ASSEMBLY 2243
Mr Ryan — I did not hear the first part of the The SPEAKER — Order! The member for question. Can I ask the member to repeat it? Bendigo East is on a warning.
The SPEAKER — Order! Will the member repeat Mr RYAN — When you think through the logic, it the question? follows that there was never any reason for me to declare any conflict of interest in relation to Mr Payne, Ms HENNESSY — I am happy to repeat it, because there fundamentally was no conflict of interest. Speaker. I note the Deputy Premier’s failure to declare I had a professional working association with his relationship to Mr Payne, and I ask: on what basis Mr Payne. In relation to issues pertaining to the matters did the Deputy Premier exempt himself from decision raised by the member for Altona, she will know — and making relating to the Office of Public Prosecutions the Leader of the Opposition should know — that in and the Director of Public Prosecutions and did this government one never speaks of decisions taken by include all cabinet and cabinet-committee-related cabinet, nor of the processes around those decisions. deliberations? Ms Allan — On a point of order, Speaker, the Mr RYAN (Minister for Police and Emergency Deputy Premier has been dancing around this question Services) — I thank the member for Altona for her for some time now. The question was very clear: did he question. In answering this we need to make clear a exempt himself from the cabinet room, yes or no? It is a point that distinguishes this side of the house from that very simple answer for a simple question. side of the house, and it is the fact — — The SPEAKER — Order! Points of order are not a Mr Andrews — On a point of order, Speaker, I put time to repeat the question. it to you that the answer to this question is not an opportunity for the Deputy Premier to reflect on this Mr RYAN — Accordingly at all times I have side of the house. It is a requirement that he answer the conducted myself, as has the government, with question in accordance with the standing orders. The complete and utter propriety in relation to this whole question related to comments he had just made about issue. exempting himself from various decision-making processes. He needs to answer the question and not Mr Andrews — On a point of order, Speaker, in his reflect on the conduct of this side of the house. previous answer the Deputy Premier was happy to reflect upon exempting himself from deliberations of The SPEAKER — Order! I do not uphold the point the shadow cabinet. He now is unwilling to answer a of order. The Deputy Premier had only just commenced question about the deliberations of the cabinet. The his answer to the question. minister is obliged to answer the question: was he in the room or was he not? That is the question, and he ought Mr RYAN — The important thing is that when you to be able to answer it. give an undertaking, you stand by it. If you give an undertaking to another member of this house, you stick The SPEAKER — Order! The Deputy Premier is by it, just as I did for 20 years when practising law — if answering the question that was asked. It is up to the I gave undertakings, I stuck by them. Deputy Premier to answer the question in the way he deems fit, as long as the answer is relevant to the Mr Andrews — On a further point of order, question asked — and it was. Speaker, the question related to whether the Deputy Premier had exempted himself from the meetings of Mr RYAN — The review that was conducted by cabinet and cabinet committees. It did not relate to this former Justice Frank Vincent in the end resulted in a lecture on various matters that are not relevant to the dignified resignation by Mr Rapke, who will now question. The minister ought to answer the question and otherwise continue his career. In answer to the specific spare us the sermon. question that has been asked of me by the opposition, the answer is yes. The SPEAKER — Order! The answer was relevant to the question asked. Ms Allan — You did exempt yourself?
Mr RYAN — I made a commitment to the former Mr RYAN — I did, because that is the way I do minister, and I have stuck by it. I have faithfully stuck things, you dill! by it. Honourable members interjecting. Honourable members interjecting.
QUESTIONS WITHOUT NOTICE
2244 ASSEMBLY Tuesday, 28 June 2011
Water: concessions first time this coming financial year — a great result for low-income families. Unlike those opposite, the Ms MILLER (Bentleigh) — My question is to the Baillieu government understands that there are Minister for Community Services. What is the significant pressures on Victorian families. That is why government doing to help Victorian families, who are this $62.9 million is the biggest ever amount of funding facing the challenge of meeting rising costs, with their for water and sewerage concessions. That is a water bills? significant investment for these families.
Ms WOOLDRIDGE (Minister for Community What would we have seen if we had not made’ this Services) — I thank the honourable member for investment? What was in the budget was a 3.1 per cent Bentleigh for her question, for her job as a great increase. The difference between the Baillieu member for Bentleigh and for caring for people who government increase at 10.3 per cent and what we are suffering under cost of living pressures. The would have seen if the previous administration had Baillieu government is working very hard to ease the continued, 3.1 per cent, is a significant investment for pressure on Victorian families. A particular area of Victorian families. Unlike the previous government, we concern has been water bills. It was just last week that are getting things done, and unlike the previous the Minister for Water announced that prices are set to government we are delivering for Victorian families. rise significantly for metropolitan families. Customers Low-income Victorian families are better off as a result of Yarra Valley Water will see their prices rise by of the investments by the Baillieu government in water 15 per cent, and South East Water and City West Water and sewerage concessions. customers will be faced with rises of 14 per cent. In dollar terms, bills will rise between $94 and $118. Director of Public Prosecutions: resignation
The obvious question to ask is: why is this the case? Mr ANDREWS (Leader of the Opposition) — My Why are families being subject to such pressures? The question is to the Attorney-General. Can the answer is very clear: it is a legacy of the Labor Attorney-General rule out that neither he nor anyone on government. These price rises were locked in as part of his behalf conveyed to Mr Jeremy Rapke that if he did the five-year water plans under the previous not resign, the Attorney-General would publicly government. The bad news for Victorian families is that express no confidence in him? their cost of living pressures and water price increases will not end here, because Labor’s legacy will be Mr CLARK (Attorney-General) — The answer is ongoing. no.
Mr Nardella interjected. Schools: literacy and numeracy
The SPEAKER — Order! The member for Melton! Mr SOUTHWICK (Caulfield) — My question is to the Minister for Education. Can the minister inform the Ms WOOLDRIDGE — As a result of the Holding house of any recent decisions by the federal desalination tax, families are going to pay an additional government that will affect literacy and numeracy $400 every year for the next 27 years. That is nearly funding in Victorian schools? $2 million every single day for the next 27 years, as a result of the desalination fiasco — as you would well Mr DIXON (Minister for Education) — I thank the know, Speaker, as it is in your own electorate. The member for Caulfield for his question and for his Baillieu government is working very hard to ease these incredible commitment to education in his electorate. pressures. Victoria has been awarded $9.4 million in rewards funding out of a possible $31.3 million as part of the From the end of this week, from 1 July, we are National Partnership on Literacy and Numeracy increasing the concessions for water and sewerage at a program. Victoria set very high standards and targets cost of $62.9 million — that is $62.9 million going into under that national partnership because we aim to the pockets of Victorian low-income families. That will produce better outcomes for more schools, involving make a difference each and every day in terms of their more students and at more levels of education than the being able to tackle the pressures they are under. The other jurisdictions. concession cap will increase by 10.3 per cent, with the cap going from $245 to $270.20. That will provide bill But the higher aspirations obviously need to be relief for more than 700 000 households. That is about matched with good policy. What we have found is that 32 000 families who will access the concession for the literacy and numeracy initiatives under the former government were not enough to reach the goals it had
QUESTIONS WITHOUT NOTICE
Tuesday, 28 June 2011 ASSEMBLY 2245 set itself. Labor’s policies failed to improve literacy and returning to his ministerial office nor advising the numeracy standards in Victoria. The Auditor-General government on police matters, and I ask: why? bore this out in his 2009 report when he said that the previous government’s policies had ‘not resulted in a Mr RYAN (Minister for Police and Emergency marked improvement in average literacy and numeracy Services) — I thank the member for his question. achievement across age groups’. Mr Weston is presently on leave. He will return to duties with the government in a role that will be defined Mr Eren interjected. shortly.
The SPEAKER — Order! The member for Lara! Honourable members interjecting.
Mr DIXON — This year the federal Labor Mr Merlino — On a point of order, Speaker — — government found the same outcome, and it has allocated Victoria less than one-third of the available The SPEAKER — Order! The Minister for Police reward payment for literacy and numeracy and Emergency Services had concluded his answer. improvement. Honourable members interjecting. It is very important that we look behind the facts of this matter. Under the partnership agreement every The SPEAKER — Order! There is no point of jurisdiction negotiates and sets its own targets for order. The minister had concluded his answer. improving literacy and numeracy. What we have seen Bushfires: government assistance is that other jurisdictions were awarded all of their available reward payments. Do members know why Mr NORTHE (Morwell) — My question is to the that was the case? It was because they set themselves Minister for Bushfire Response. Can the minister very low targets. The COAG (Council of Australian advise the house on the coalition’s continued support Governments) reform council has recognised the for bushfire-affected communities and outline new inadequacy of this system and highlighted the assistance the government is delivering as part of the variability of the ambitions and the lack of transparency next stage of reconstruction and recovery? across the states and territories in the various frameworks they are using. Mr RYAN (Minister for Bushfire Response) — I thank the member for his question, and for the I have consequently contacted the federal Minister for wonderful assistance he extended to his communities School Education, Early Childhood and Youth, Peter during the terrible Gippsland and Black Saturday fires Garrett, and pointed out the inequity of this current and the great work that he continues to do on their approach. I have argued for a far more consistent behalf. The coalition government is continuing to stand calculation of performance that better reflects the by these bushfire-affected communities in the COAG reform council’s draft performance report and reconstruction and recovery process. that does not disadvantage aspirations. I said this to the minister for education in Canberra, because this is a Recently the Premier and I had the great pleasure of government that is moving on literacy and numeracy. It meeting with the community recovery committees at a is getting things done and delivering for Victorian special thankyou reception. The Leader of the families, and it is being penalised for it. Opposition was also present, as were other members of the parliamentary Labor Party. In conjunction with this My argument to the federal government has been flatly reception I was able to announce $750 000 for the refused, and I think this is just another example of the skills, training, engagement and practical support federal Labor government forcing the lowest common program, otherwise known as STEPS, which is a denominator approach onto education in Victoria and two-year grants program to boost leadership and rewarding a lack of ambition and mediocre outcomes. resilience over the medium and longer term in these Students and teachers at Victorian schools deserve a far bushfire-affected communities. better deal from the federal government in Canberra. STEPS will be administered by the Foundation for Minister for Police and Emergency Services: Rural and Regional Renewal (FRRR) on behalf of the adviser Victorian government. Not-for-profit community groups in the bushfire-affected areas will be able to Mr MERLINO (Monbulk) — My question is to the apply to STEPS for grants of between $100 and Minister for Police and Emergency Services. I refer the $30 000 for programs and activities that support minister to his comments that Mr Weston would not be
JUSTICE LEGISLATION AMENDMENT (PROTECTIVE SERVICES OFFICERS) BILL 2011
2246 ASSEMBLY Tuesday, 28 June 2011 leadership and capacity building across five key areas: DISTINGUISHED VISITOR community leadership programs, skills and training development, strengthening community networks and The SPEAKER — Order! I would like to communication, mentoring, and practical support to acknowledge the presence in the gallery of Ms Andrea improve capacity of community groups. In addition to McCall, a former member for Frankston. Welcome, the contribution by government, FRRR aims to source Andrea. It is nice to see you here. an additional $1 million from community donors for STEPS, of which $500 000, I might say, has already been sourced. JUSTICE LEGISLATION AMENDMENT (PROTECTIVE SERVICES OFFICERS) With the Victorian Bushfire Reconstruction and BILL 2011 Recovery Authority due to cease operations at the end of this month, arrangements are now in place to ensure Introduction and first reading that the government continues to be responsive to the needs of the fire-affected communities. I pause to Mr RYAN (Minister for Police and Emergency extend my congratulations to all those associated with Services) introduced a bill for an act to amend the the operations of VBRRA, and I do so on behalf of the Police Regulation Act 1958 in relation to protective Parliament at large. A new fire recovery unit will services officers and to amend the Bail Act 1977, the succeed VBRRA as from 1 July. It will be based in Control of Weapons Act 1990, the Crimes Act 1958, Regional Development Victoria and will ensure the Drugs, Poisons and Controlled Substances Act continuity. Experienced VBRRA staff will lead the new 1981, the Environment Protection Act 1970, the unit. Graffiti Prevention Act 2007, the Liquor Control Reform Act 1998, the Magistrates’ Court Act 1989, Community engagement coordinators will continue the Mental Health Act 1986, the Road Safety Act with the new fire recovery unit to provide a direct point 1986, the Summary Offences Act 1966 and the of contact for fire-affected communities and local Transport (Compliance and Miscellaneous) Act councils. The bushfire communities support program is 1983 and for other purposes. providing a dedicated helpline to those who are in need in communities such as Marysville, Flowerdale, Read first time. Kinglake, Whittlesea, Hurstbridge and those many other communities, 70-plus of them, that were impacted TRANSPORT LEGISLATION upon by the fires. Bushfire community support workers will provide information on the different services that AMENDMENT (PUBLIC TRANSPORT are available and link people into those services, events SAFETY) BILL 2011 and activities in their local community. The rebuilding Introduction and first reading advisory service will continue until the end of 2011, providing advice, information and support for those Mr MULDER (Minister for Public Transport) — I who are looking to rebuild. move:
I also announced last week that small businesses and That I have leave to bring in a bill for an act to amend the primary producers in the state’s bushfire-affected Transport Integration Act 2010, the Transport (Compliance communities will be able to access low-interest loans of and Miscellaneous) Act 1983, the Rail Safety Act 2006, the up to $500 000 under a newly expanded loan scheme. Bus Safety Act 2009 and the Bus Serices Act 1995 and for other purposes. The government will also make non-property-secured loans of up to $50 000 available to small businesses at a Ms RICHARDSON (Northcote) — Perhaps the concessional rate of 3.2 per cent for the first five years minister could give a brief explanation of the bill — to enable those businesses to get back on their feet. and perhaps a government briefing this time around.
As I said, we continue to work constructively with Mr MULDER (Minister for Public Transport) — communities. We intend to ensure that we are able to Briefings are available, and they should be taken when provide ongoing support for those communities. It offered. The bill seeks to improve the reporting of would help if the opposition were not scaremongering incidents involving authorised officers, addresses around issues such as recommendation 27 in the concerns raised by Bus Association Victoria into time bushfires royal commission’s report. frames for safety inspections and makes other technical amendments to assist the bus association. It also puts in
FARM DEBT MEDIATION BILL 2011
Tuesday, 28 June 2011 ASSEMBLY 2247 place reciprocal arrangements for rail safety regulators 2001, to consequentially amend the Local Government and makes other technical amendments. (Brimbank City Council) Act 2009 and for other purposes. Mr WYNNE (Richmond) — Could the minister Motion agreed to. give a brief explanation of the content of the bill? Read first time. Mrs POWELL (Minister for Local Government) — This is a bill to change the date of council elections. It FARM DEBT MEDIATION BILL 2011 will also allow the Melbourne City Council to have an electoral review. Introduction and first reading Motion agreed to. Mr WALSH (Minister for Agriculture and Food Security) introduced a bill for an act to provide for Read first time. the resolution of farm debt disputes by requiring a creditor to provide a farmer with the option to ABORIGINAL HERITAGE AMENDMENT mediate before taking possession of property or other enforcement action under a farm mortgage BILL 2011 and for other purposes. Introduction and first reading Read first time. Mrs POWELL (Minister for Aboriginal Affairs) introduced a bill for an act to amend the Aboriginal DRUGS, POISONS AND CONTROLLED Heritage Act 2006 and for other purposes. SUBSTANCES AMENDMENT (DRUGS OF Read first time. DEPENDENCE) BILL 2011 Statement of compatibility Introduction and first reading Mrs POWELL (Minister for Aboriginal Affairs) Ms WOOLDRIDGE (Minister for Mental Health) tabled following statement in accordance with introduced a bill for an act to amend the Drugs, Charter of Human Rights and Responsibilities Act Poisons and Controlled Substances Act 1981 to 2006: provide for the inclusion of substances as drugs of dependence and for other purposes. In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (charter act), I make this Read first time. statement of compatibility with respect to the Aboriginal Heritage Amendment Bill 2011.
Ms Green — Could I have an explanation of the bill In my opinion, the Aboriginal Heritage Amendment Bill from the minister? 2011, as introduced to the Legislative Assembly, is compatible with the human rights protected by the charter act. The SPEAKER — Order! I am sorry. The member I base my opinion on the reasons outlined in this statement. is a little bit late. Overview of bill
Ms Green — I did stand up. The bill will amend the Aboriginal Heritage Act 2006 (AH act) by inserting provisions to retrospectively authorise The SPEAKER — Order! I did not see the approvals of cultural heritage management plans given in member. good faith by employees, officers or directors of registered Aboriginal parties for the purposes of the AH act.
This amendment will ensure that statutory authorisations LOCAL GOVERNMENT AMENDMENT made in reliance on these decisions are not rendered invalid. (ELECTORAL MATTERS) BILL 2011 This will preserve the position of project proponents who have relied on these decisions in progressing projects and Introduction and first reading protect the state of Victoria from potential legal liability.
Mrs POWELL (Minister for Local Government) — I move:
That I have leave to bring in a bill for an act to amend the Local Government Act 1989 and the City of Melbourne Act
ABORIGINAL HERITAGE AMENDMENT BILL 2011
2248 ASSEMBLY Tuesday, 28 June 2011
Human rights issues projects that may impact on Aboriginal cultural heritage. 1. Human rights protected by the charter act that are relevant to the bill Relevant traditional owner organisations may be The bill is compatible with section 19 of the charter act in that approved as registered Aboriginal parties — or it upholds the rights of indigenous people to practise their RAPs — under part 10 of the act. One of the functions culture through decision making in relation to the of a RAP is to evaluate and approve or refuse to management and protection of Aboriginal cultural heritage. approve cultural heritage management plans that relate 2. Consideration of reasonable limitations — section 7(2) to the area for which the party is registered. Nine RAPs have been appointed to date for areas that in total The bill does not limit any rights. amount to 56 per cent of the state of Victoria. Conclusion The act does not provide authority for the department or The Aboriginal Heritage Amendment Bill 2011 is compatible the minister to monitor the performance of RAPs. with the Charter of Human Rights and Responsibilities Act 2006. Each RAP independently operates under their own Jeanette Powell, MP constitution, and they each have their own approval Minister for Aboriginal Affairs processes for authorising cultural heritage management plans. Second reading Importantly, when the previous government established Mrs POWELL (Minister for Aboriginal Affairs) — the RAPs as non-government organisations, they were By leave, I move: given the unusual role of exercising statutory authority.
That this bill be now read a second time. Both under the previous government and this This bill will amend the Aboriginal Heritage Act 2006 government, cultural heritage management plans have by inserting provisions to retrospectively deem that been registered under the belief that those individuals approvals of cultural heritage management plans given approving the plans were authorised to do so. The in good faith by employees, officers or directors of effect of the VCAT decision is to raise questions about registered Aboriginal parties are taken to have been the authorisation process. given by the registered Aboriginal party for the VCAT decision purposes of the act. On 26 May 2011 the Victorian Civil and The legislative and administrative regime established Administrative Tribunal found there was no approved by the act was introduced in 2006 by the former cultural heritage management plan in respect of the government and came into effect in May 2007. activity that was the subject of the proceeding before This amendment will ensure that statutory the tribunal. This was on the basis that the employee of authorisations made in reliance on these decisions are the relevant RAP who approved the plan in good faith not rendered invalid. This will preserve the position of did not have formal delegated authority from the board project proponents who have relied on these decisions to approve the cultural heritage management plan as in progressing projects, thereby removing the required under the organisation’s constitution. This unnecessary uncertainty created by legal questions employee was employed by the RAP to undertake this recently raised by the Victorian Civil and work on its behalf and believed she was authorised to Administrative Tribunal. There are a number of private do so. and public projects that are potentially affected. VCAT’s finding has implications for 43 plans approved Objectives of the Aboriginal Heritage Act 2006 by employees of this RAP and, by extension, may possibly impact on the decisions of at least two other One of the key objectives of the Aboriginal Heritage RAPs affecting a total of 67 plans altogether. Act 2006 is to accord appropriate status to Aboriginal Victorians with traditional or familial links with Impact on planning approvals Aboriginal cultural heritage in protecting that heritage. The potential invalidity of these cultural heritage Another objective is the protection or management of management plan approvals has significant Aboriginal cultural heritage through the preparation and implications for other planning approvals and statutory approval of cultural heritage management plans for authorisations.
ABORIGINAL HERITAGE AMENDMENT BILL 2011
Tuesday, 28 June 2011 ASSEMBLY 2249
When required under the act, for example, due to the Parliament to essentially deal with a decision that has likelihood of Aboriginal cultural heritage in a place, been made by the Victorian Civil and Administrative section 52 of the act prohibits any other Tribunal (VCAT), which has brought into doubt the decision-makers from granting a statutory authorisation question of the delegation that arises for registered unless a cultural heritage management plan has been Aboriginal parties (RAPs). In this particular instance it approved. was in fact the Yorta Yorta, but more generally the question has been raised of whether the delegation is The Victorian Government Solicitor’s Office (VGSO) sound in relation to a whole range of other decisions has advised that all statutory authorisations granted on that have been made by representative Aboriginal the basis of an invalid approval of a cultural heritage parties. management plan will also be invalid. This means that all statutory authorisations, including permits, issued in In commencing my contribution I thank the Minister relation to the 67 impacted plans may be invalid. I am for Aboriginal Affairs and her staff for the courtesy of advised that some 15 of these are currently in progress the briefings they provided to me. The spirit with which with another 18 due to commence in the near future. this debate will be conducted today suggests that from the point of view of both the government and the It is in the interests of the state of Victoria that the opposition we need to get this bill through the uncertainty in relation to the legality of these projects is Parliament and approved by the Governor as resolved as a matter of urgency. This is the case in expeditiously as possible. We will do all we can to relation to both private and public works projects that facilitate that. would need to be halted while the issue of the validity of approvals was resolved. As the Minister for Aboriginal Affairs indicated, we have nine RAPs in Victoria at the moment covering in VGSO has advised that retrospective legislative the order of 54 per cent of the state. I think it is an validation of the affected plans is the only mechanism important acknowledgement in a bipartisan way that we that will provide this certainty. of this Parliament believe that Aboriginal people ought to have a responsibility to speak in respect of land that While the proposed legislation will have retrospective they have both a physical and cultural connection to. It effect, the result is simply to maintain the position that was the ambition of our government — and I know the proponents are currently in and does not remove or Aboriginal Heritage Act 2006 is under review through a affect rights. parliamentary committee process at the moment, as is The proposed amendment will have the effect of required after five years of its operation — to fulfil the deeming that the person who has purported to make the important aspiration that in the future we have RAPs decision to approve the plan had the authority to do so. that cover the whole of the state. It will not affect any rights a party may have in relation As members of the house who take an interest in these to other defects that may have occurred in the matters would be aware, some of these issues are quite decision-making process. It is not intended that the hotly contested. The Aboriginal Heritage Council, proposed amendment will impact on any pending under successive leadership, has done a fantastic job in litigation. dealing with the complexity and overlapping claims The proposed amendment is designed to ensure that that attend many RAP applications. I acknowledge that project proponents are able to confidently proceed on the heritage council has in an assiduous way made a the basis of approvals that have been given in good deep commitment not only to listen to the aspirations of faith. Aboriginal communities but also while wrestling with some of the complexities of those overlapping claims I thank the opposition and the Greens for their support has had to make decisions that some who aspire to in allowing this bill to be dealt with as a matter of RAPs have found disappointing. Nonetheless it has urgency, and I invite their input into the review of the been a robust process that has stood the test of time act and the RAP inquiry. extremely well since the act came into effect in 2007.
I commend the bill to the house. The bill before us today, as the minister indicated, will insert a new provision that will have the effect of Mr WYNNE (Richmond) — This is a slightly odd retrospectively validating cultural heritage management situation we find ourselves in, in that this bill is being plans that were approved in good faith by registered brought on for debate but it is being brought on with a Aboriginal parties. I want to emphasise that point, sense of goodwill and bipartisanship across the because it is important. I have had the opportunity of
ABORIGINAL HERITAGE AMENDMENT BILL 2011
2250 ASSEMBLY Tuesday, 28 June 2011 reading the decision of Deputy President Mark Dwyer recall, the 30-day statutory period — or it might be a of VCAT, who addressed these questions. In his little bit longer — for applications to be made. decision Mr Dwyer said clearly that in relation to the Yorta Yorta matter it would appear that the cultural I acknowledge that the development of the Aboriginal heritage adviser did not have delegated authority to Heritage Act 2006 has been underpinned by approve the cultural heritage management plan extraordinary consultation. You will recall, Speaker, (CHMP) and that the CHMP had yet to be effectively that in the past I have acknowledged the important approved by the Yorta Yorta nations. He said that in contribution made to this by the Urban Development reaching this view, he made no adverse finding in Institute of Australia (UDIA). It is one of the key relation to the adviser. He said it appeared the adviser interest groups which, in many respects, could was acting in good faith but was under a potentially be most affected by the implementation of misapprehension about the extent of her authority the legislation. Tony De Domenico, UDIA executive director, has, more than most people, played a fantastic It is important for us to acknowledge that point, because leadership role in acknowledging that for some people in relation to the Yorta Yorta matter and in terms of a in the development community there were challenges in range of delegations of RAPs that may be in question, understanding how the act worked and how it would be in every single circumstance RAPs have acted properly implemented. On every occasion that I have heard and with integrity and have believed they have Mr De Domenico speak publicly he has been more than implemented their delegations in an appropriate fulsome in his support for the Aboriginal Heritage Act fashion. Whilst there is doubt there, we ought to have 2006 and indeed the Aboriginal Heritage Council as that doubt cleared up. The second-reading speech well. We look forward to the bipartisan parliamentary addresses some of those questions. This concerns a committee review of the heritage act that will be number of projects. I understand from the briefing I undertaken once the terms of reference are finalised. was provided with that 15 projects are currently under way, 3 of which are private and 12 of which are public During the time when I had the honour of being the works projects, including key water infrastructure Minister for Aboriginal Affairs, one of the most crucial projects. It is important we are able to bring certainty to things I learned was that absolutely fundamental to the the process. welfare of Aboriginal people in our community is an understanding of the crucial relationship between them As the second-reading speech states and as the and their land. If I learned one thing as Minister for government has advised me, the Victorian government Aboriginal Affairs, it was about that sacred relationship solicitor has said this was the only course of action that exists between Aboriginal people and their land. open to the government. We understand that. We do not This is what the Aboriginal Heritage Act 2006 is about. often undertake retrospective legislation; it is It is about saying that not only do we acknowledge that introduced on only very rare occasions. The relationship but we acknowledge it in a way that has a retrospective validation of these decisions creates legal framework around it and that respects the right of certainty for the project proponents, the RAPs and the Aboriginal people to speak for their land, particularly state of Victoria more generally. The bill does not apply where developments are going to occur on their land. to any other decision or action taken by RAPs and is limited to those approvals made in good faith. In that Aboriginal people will have the opportunity to interface context the opposition supports the bill. with government and the private sector on the development of culturally sensitive sites to ensure that Finally, it is important for us to acknowledge that the the rich cultural heritage that is still so much a part of Aboriginal Heritage Act 2006 has been in place since this great state of Victoria is not only maintained but 2007. Importantly the act has been tested at VCAT and enhanced and celebrated. I commend this bill to the it is clear it is sound and that the implementation of it in house and sincerely wish it a speedy passage. relation to this delegation is the matter we are seeking to clear up. The actions of all nine RAPs are Motion agreed to. retrospectively dealt with in the bill, so absolute certainty is brought to the process. For those for whom Read second time; by leave, proceeded to third RAPs are not available, the director of Aboriginal reading. Affairs Victoria, under the delegation of the minister, Third reading has responsibility for signing RAP applications where there is not a representative Aboriginal party in place. A Motion agreed to. very large number of applications are dealt with in, as I Read third time.
PETITIONS
Tuesday, 28 June 2011 ASSEMBLY 2251
PETITIONS In particular we note: 1. North Shore station is the first entry point to Geelong for Following petitions presented to house: domestic and international tourists travelling on the Overland train service from Adelaide. Olivia Newton-John Cancer and Wellness Centre: funding 2. V/Line commuters use North Shore station to travel to and from Melbourne. To the Legislative Assembly of Victoria: 3. Despite being cared for by a dedicated group of The petition of the people of Victoria draws the house’s volunteers, North Shore station is in desperate need of attention to the Baillieu government’s refusal to commit to an upgrade. funding for the final stage of the Olivia Newton-John Cancer and Wellness Centre at the Austin Hospital. The petitioners therefore request that the Legislative Assembly urge the Baillieu government to commit to the In particular, we note that, once completed, the Olivia $1.5 million upgrade of the North Shore station as a matter of Newton-John Cancer and Wellness Centre will be a urgency. world-class facility, providing the latest cancer treatment and care to patients. By Mr EREN (Lara) (693 signatures). The petitioners therefore request that the Legislative Vietnam: communism Assembly of Victoria urge the Baillieu government as a matter of urgency to provide funding to complete the Olivia To the Legislative Assembly of Victoria: Newton-John Cancer and Wellness Centre. The petition on the human rights abuses in Vietnam draws to By Mr BROOKS (Bundoora) (55 signatures). the attention of the house that, since the uprising of the North African and Middle East peoples demanding greater freedom Children: Take a Break program and democracy, the dictatorial communist government of Vietnam has blatantly increased its persecution of political To the Legislative Assembly of Victoria: dissidents and human rights campaigners in Vietnam.
The petition of the following residents of Victoria draws to The petitioners, the people of Australia and Australians of the attention of the house that funding for the Take a Break Vietnamese descent therefore respectfully request that the occasional child-care program, which is provided at more Legislative Assembly of Victoria: than 220 neighbourhood houses and community centres across Victoria, will cease after 31 December 2011. 1. Condemn recent escalation of summary arrests, illegal detentions, trials, sentencing and imprisonments by the The Take a Break occasional child-care program allows Vietnamese communist government of human right parents and guardians to participate in activities including campaigners. employment, study, recreational classes and voluntary community activities while their children socialise and 2. Demand an immediate and unconditional release of all interact with other children in an early learning environment. political prisoners and religious leaders from prison or from home detention. Full funding for the program was provided by the previous state Labor government but will not be continued by the 3. Express its support for the rights of Vietnamese people Baillieu government beyond December 2011. to demand political changes, freedom and democracy.
The cut to funding will mean that families across Victoria will 4. Call upon the Vietnamese government to accede to the be unable to access affordable, community-based occasional legitimate demand of the people of Vietnam for a child care to undertake tasks that benefit the family and allow multiparty, free and fair election. them to take a break. By Mr THOMPSON (Sandringham) The petitioners therefore request that the Legislative Assembly of Victoria urgently call on the Baillieu (362 signatures). government to reinstate funding for the Take a Break occasional child-care program. Alpine National Park: cattle grazing By Mr CARBINES (Ivanhoe) (40 signatures). To the Legislative Assembly of Victoria: The petition of the people of Victoria draws to the attention of Rail: North Shore station the house the Baillieu government’s refusal to answer questions about the return of cattle to the high country. To the Legislative Assembly of Victoria: 1. The Baillieu government ignored both scientific and The petition of certain citizens of the state of Victoria draws departmental procedures when authorising the ‘scientific to the attention of the house the Baillieu government’s failure study’ and calls to answer questions on the scientific to commit to a planned $1.5 million upgrade to North Shore justification for the ‘study’. railway station.
SCRUTINY OF ACTS AND REGULATIONS COMMITTEE
2252 ASSEMBLY Tuesday, 28 June 2011
2. The Baillieu government is refusing to provide details Melbourne City Link Twenty-Ninth Amending Deed regarding the arrangement with graziers taking part in the ‘study’. National Parks Act 1975 — Reports under s 17
3. Anecdotal evidence suggests this study has damaged the Planning and Environment Act 1987 — Notices of approval environment and threatened endangered species. of amendments to the following Planning Schemes:
The petitioners therefore request that the Legislative Banyule — C59 Assembly of Victoria urge the Baillieu government to Campaspe — C76 immediately provide answers and details on the issues listed above and rule out any further cattle grazing in our national Greater Dandenong — C134 parks. Hume — C152 By Ms GREEN (Yan Yean) (13 signatures). Mildura — C47 Tabled. Monash — C96
Ordered that petition presented by honourable Port Phillip — C62 member for Ivanhoe be considered next day on motion of Mr CARBINES (Ivanhoe). Stonnington — C112
Ordered that petition presented by honourable Warrnambool — C61 Part 2 member for Lara be considered next day on motion Wellington — C50 Part 1 of Mr EREN (Lara). Yarra Ranges — C80, C90 Part 3
Statutory Rules under the following Acts: SCRUTINY OF ACTS AND REGULATIONS COMMITTEE Corporations (Ancillary Provisions) Act 2001 — SR 34 Alert Digest No. 7 Dangerous Goods Act 1985 — SR 37 Magistrates’ Court Act 1989 — SR 36 Ms CAMPBELL (Pascoe Vale) presented Alert Digest No. 7 of 2011 on: Transfer of Land Act 1958 — SR 35 Subordinate Legislation Act 1994 — Documents under s 15 Environment Protection Amendment (Beverage in relation to Statutory Rules 34, 36, 37 Container Deposit and Recovery Scheme) Bill 2011 Victorian Electoral Commission — Report on the Justice Legislation Amendment (Infringement Broadmeadows District by-election held on 19 February 2011. Offences) Bill 2011 Sentencing Legislation Amendment (Abolition of The following proclamation fixing an operative date Home Detention) Bill 2011 was tabled by the Clerk in accordance with an order of the House dated 8 February 2011: together with appendices. Victoria Law Foundation Amendment Act 2011 — Whole Tabled. Act — 23 June 2011 (Gazette S193, 21 June 2011)
Ordered to be printed. ROYAL ASSENT
Message read advising royal assent on 21 June to: DOCUMENTS Appropriation (2011/2012) Bill 2011 (Presented to Tabled by Clerk: the Governor by the Speaker) Land Acquisition and Compensation Act 1986 — Certificate Appropriation (Parliament 2011/2012) Bill 2011 under s 7 (Presented to the Governor by the Speaker) Melbourne City Link Act 1995: Environment Protection Amendment (Landfill Levies) Bill 2011 City Link and Extension Projects Integration and Equal Opportunity Amendment Bill 2011 Facilitation Agreement Nineteenth Amending Deed Justice Legislation Amendment (Infringement Exhibition Street Extension Thirteenth Amending Deed Offences) Bill 2011
JOINT SITTING OF PARLIAMENT
Tuesday, 28 June 2011 ASSEMBLY 2253
State Taxation Acts Amendment Bill 2011 BUSINESS OF THE HOUSE Statute Law Revision Bill 2011. Program
JOINT SITTING OF PARLIAMENT Mr McINTOSH (Minister for Corrections) — I move: Victorian Health Promotion Foundation That, under standing order 94(2), the orders of the day, The SPEAKER — Order! I have received the government business, relating to the following items be considered and completed by 4.00 p.m. on Thursday, 30 June following communication from the Minister for Health: 2011:
The Victorian Health Promotion Foundation (VicHealth) is Accident Towing Services Amendment Bill 2011 established under section 16 of the Tobacco Act 1987 (the act) to promote good health and disease prevention in the Address-in-reply to the Governor’s speech community. Consumer Acts Amendment Bill 2011 Under section 21(1)(f) of the act, three (3) members of VicHealth are members of either the Legislative Assembly or Parliamentary Salaries and Superannuation Amendment the Legislative Council and elected by both houses jointly. Bill 2011
The previously elected members are: Terrorism (Community Protection) Amendment Bill 2011. Ms Kirstie Marshall, OAM, MLA In moving this motion I note that the house has Mr Richard Dalla-Riva, MLC resolved to have a joint sitting tomorrow evening at Mr Hugh Delahunty, MLA 6.15 to elect members of Parliament to the Victorian Health Promotion Foundation. I also note that there are On leaving parliamentary office, irrespective of whether MPs four bills to be completed by 4.00 p.m. on Thursday. are returned to Parliament, the positions are automatically vacated. Subsequently, VicHealth now requires the There is also the opportunity to complete the re-election of three new members. address-in-reply. I indicate to the house that the government’s intention is to deal today with the I would be grateful if you could place this matter on the Consumer Acts Amendment Bill 2011 and the agenda for a joint sitting of both houses. In order to maintain the membership of VicHealth at the optimum number I would Accident Towing Services Amendment Bill 2011 and appreciate if this matter could be resolved quickly. then on Wednesday — and I will move a motion about this later on — to deal with the notice of motion in I have forwarded a similar request to the President of the relation to amendments to sessional orders and also Legislative Council. with the Parliamentary Salaries and Superannuation Mr McINTOSH (Minister for Corrections) — By Amendment Bill 2011 and the Terrorism (Community leave, I move: Protection) Amendment Bill 2011.
That this house meets the Legislative Council for the purpose That should provide ample time on Thursday for all of sitting and voting together to elect three members of the members who want to make their contribution to the Parliament to the Victorian Health Promotion Foundation and address-in-reply to the Governor’s speech. I think the proposes that the time and place of such meeting be the Legislative Assembly chamber on Wednesday, 29 June 2011, amount of time will be quite adequate to deal with these at 6.15 p.m. various bills and to give an opportunity to all members to make contributions on them. Accordingly I am Motion agreed to. happy to support my own motion.
Ordered that message be sent to Council Ms ALLAN (Bendigo East) — In rising to support acquainting them with resolution. this motion I am pleased to make a contribution on the government business program. As the Leader of the House has just outlined, there is a range of bills and matters for our consideration this week.
In speaking on the government business program, I refer to the passage of the Aboriginal Heritage Amendment Bill 2011, which has just gone through the house. I acknowledge the work of the government and in particular the Minister for Aboriginal Affairs who
BUSINESS OF THE HOUSE
2254 ASSEMBLY Tuesday, 28 June 2011 has worked with the opposition and provided program this week. Our support is very much based on significant information to our shadow spokesperson in the fact that we have been given an indication that there this area to enable the passage of the bill through the will be plenty of opportunity to debate the Parliament. I hope it has a similarly easy passage Parliamentary Salaries and Superannuation through the upper house, with similar levels of Amendment Bill 2011. I hope that opportunity is cooperation. forthcoming during the course of the week and that the debate is not curtailed, as in the past debate on other I also make comment on the range of bills that are bills on which a commitment has been given on before us for the remainder of this week, which I note is speaking times has been curtailed. I hope that does not the last week before we have a bit of a break. As happen this week but that all members get the members of Parliament it is not a break from our opportunity to speak on that important bill. I look parliamentary duties, but it is a break from our forward to the debate on that bill and other pieces of day-to-day engagement in this chamber, which some of legislation before the house this week. us may be looking forward to more than others. Over the course of this final week there will be an Mr HODGETT (Kilsyth) — I rise to support the opportunity to debate a number of items. motion by the Leader of the House proposing the government business program for this sitting week, I make comment in passing on the Parliamentary being those five items listed on the program: the Salaries and Superannuation Amendment Bill 2011. It Accident Towing Services Amendment Bill 2011, the will be a challenging bill for this house to debate address-in-reply to the Governor’s speech, the because it goes to the right of members of Parliament to Consumer Acts Amendment Bill 2011, the speak freely, fulsomely and openly in this chamber on Parliamentary Salaries and Superannuation matters they are passionate about. The bill has sat on Amendment Bill 2011 and the Terrorism (Community the notice paper for quite some time — indeed, since it Protection) Amendment Bill 2011. Working was placed there by the government back in February, I cooperatively with the Opposition Whip, members will believe. It is a bill that members, at least on our side, have ample opportunity to make a contribution to feel very strongly about and I think every member on debate on the bills in the government business program. our side would like to have the opportunity to speak on this bill. I appreciate the conversations I have had with As has been stated, members have just dealt with the the Leader of the House about affording many Aboriginal Heritage Amendment Bill 2011. I am members the opportunity to speak on this bill. I hope pleased by the support of the opposition to facilitate the that every member who wants to speak on this bill has passage of this bill through both houses of Parliament the opportunity of doing so, given that it goes directly this week. The address-in-reply still sits on the notice to the role of each of us as individual members of paper, and this week will be the final opportunity for Parliament. members to make contributions to the motion to adopt the address-in-reply to the Governor’s speech. We will Putting aside party affiliations and other groupings that have enough time to allow speakers on both sides of the might exist in the chamber, this bill goes to how we as house to speak on that motion before it is voted on. individuals stand up in this chamber for the things we believe in, how we prosecute those matters in the The opposition has indicated that it has a number of chamber and how we are afforded the opportunities to speakers on several bills, including the Parliamentary do so. I hope that debate is accommodated during the Salaries and Superannuation Amendment Bill 2011 and course of the week. Whilst there are other matters in the the two bills we will be going to this afternoon: the program that are indeed important — and due Consumer Acts Amendment Bill 2011 and the opportunity will be given to debate those items over the Accident Towing Services Amendment Bill 2011. The course of the week — I look forward to a lengthy program will allow ample time for debate before the debate on the Parliamentary Salaries and 4 o’clock guillotine on Thursday. I look forward to Superannuation Amendment Bill 2011. I note that the working with the Opposition Whip to enable speakers Leader of the House has said we will be moving to to have the opportunity to make their contributions to debating that bill tomorrow. For the reasons I just the debate on those bills. I am pleased that the outlined I hope that during the course of tomorrow and opposition is supporting the government business Thursday all members will be given the opportunity to program this sitting week. speak on that bill. Ms KAIROUZ (Kororoit) — I am also pleased to Without further ado, I indicate to the house that the make a contribution on the government business opposition will be supporting the government business program. As was said before, the opposition will not be
BUSINESS OF THE HOUSE
Tuesday, 28 June 2011 ASSEMBLY 2255 opposing the program. As mentioned by the Leader of contributions to the debate on this bill, but I note that the House, the manager of opposition business and the they are not opposing it. Government Whip, a few bills are up for debate. Members on this side of the house have been afforded Also on the agenda are the Accident Towing Services the opportunity to speak in the debate on the Consumer Amendment Bill 2011 and the Consumer Acts Acts Amendment Bill 2011, which is to follow shortly, Amendment Bill 2011, which makes technical but and later this evening in the debate on the Accident important changes to quite serious issues in the Estate Towing Services Amendment Bill 2011. The Agents Act 1980 and the Owners Corporations Act Government Whip has indicated that he has at least 2006. The Terrorism (Community Protection) 10 speakers on each of the bills. We are pleased to offer Amendment Bill 2011 is one that we all wish we were at least the same number of speakers on each of the not debating, but unfortunately the world is not like that bills. any more. With those comments I am pleased to support the government business program, and I Another bill on which a long list of members would welcome the opposition’s support. like the opportunity to speak is of course the Parliamentary Salaries and Superannuation Ms BEATTIE (Yuroke) — I also rise to support the Amendment Bill 2011. This bill has been on the notice government business program. It seems that the love is paper for about three months now. Members on this spreading throughout the chamber today. However, side of the house have very strong views on this bill and there are some important bills to be debated this week would like on behalf of their communities to be given in what are to be the last sitting days before a long the opportunity to speak and put forward their views on break in the Parliament. We on this side of the house this bill and of course the other bills. are not used to having such a long break, because when we were in government we worked every month of the I look forward to the debate on the bills listed as orders year. We did not have the long break. However, I look of the day on the government business program. I look forward to seeing many members on the other side of forward to a lengthy debate, particularly on the the house going to catch their planes out of Melbourne Parliamentary Salaries and Superannuation Airport when they go on their long winter breaks. Amendment Bill 2011, and I hope the government will afford members on this side of the house the Moving on to the government business program, I also opportunity to express their views. look forward to speaking on the Parliamentary Salaries and Superannuation Amendment Bill 2011, because Mr CRISP (Mildura) — I rise to support the motion this bill is a fundamental attack on the rights of moved by the Leader of the House, and I welcome the members of Parliament. I think it is a fundamental right opposition’s support of this motion. I also thank the of every member of Parliament to be able to speak opposition for its help with the Aboriginal Heritage without fear or favour in this house. I also will be Amendment Bill 2011, as this allowed us to take care of speaking vigorously against this bill, just as I maintain some difficult housekeeping and to get some business my right to speak on behalf of my constituents. off the list as quickly as we could before it caused any difficulties. There are other important bills. While the Aboriginal Heritage Amendment Bill 2011 has already been I note that the manager of opposition business and the debated, another bill coming up is the Accident Towing member for Kororoit have spoken at some length about Services Amendment Bill 2011. More contributions the Parliamentary Salaries and Superannuation will be made on the address-in-reply to the Governor’s Amendment Bill 2011, but I tend to disagree with the speech. Also coming up is the Consumer Acts manager of opposition business about members not Amendment Bill 2011 and of course the Terrorism being able to speak openly on this bill. I also note that, (Community Protection) Amendment Bill 2011. These despite those strong objections to this bill, the are all important bills, and I look forward to speaking opposition still supports these measures. I think the on some of them. With those few words, I repeat that balance needed within the house is to be able to speak the opposition is not opposing the government business openly and yet not overstep the mark, and that is what program. this bill is about. You can be cautioned by the Speaker and you can be removed from the chamber by the Motion agreed to. Speaker, but being named is a serious matter. I think all of us agree that being named is a serious action. I look forward to some of the opposition members’
MEMBERS STATEMENTS
2256 ASSEMBLY Tuesday, 28 June 2011
MEMBERS STATEMENTS The Baillieu government is delivering the keys for the first home buyers who have been increasingly priced Terry Tierney and Anthony Pisano out of the home buyers market over recent years due to increasing property prices and cost of living pressures. Ms BEATTIE (Yuroke) — Today I would like to The coalition understands how long it takes to save up congratulate two constituents of mine from Yuroke: for your first home and that massive stamp duty taxes 18-year-old Terry Tierney of Craigieburn and Anthony are often the difference between the excitement of Pisano, also 18 years old, of Greenvale. Terry and making a successful bid and the disappointment of Anthony have established a group called Freedom — being locked out of the property market. Raise Awareness for Depression and Suicide Prevention. They set up the group because of their Public transport: western suburbs personal experiences with people going through difficult times. They wanted to provide an open forum Ms HENNESSY (Altona) — I rise today to bring to for difficult issues to be discussed, no matter how big or the attention of the house the challenges faced by how small. The actions of these two fine young men are commuters in the west. On this occasion the issue I commendable. wish to emphasise is the lack of available car parking at the Hoppers Crossing railway station. I have raised in Terry and Anthony have committed, if their Facebook this house on many occasions the unprecedented group reaches 10 000 members, to walk from growth occurring in the western suburbs. Recent Melbourne to Sydney to raise awareness of depression, Australian Bureau of Statistics figures again confirm drug addiction, self-harm and suicide prevention. I urge that the city of Wyndham is the fastest growing region all members of this place and members of the wider of Australia. Recently we have had timetable changes community to support Terry and Anthony’s effort by on the Altona loop, which has then had a downstream joining this Facebook group so that they can reach their impact as commuters have attempted to park at other target of 10 000 members. railway stations. Recently Wyndham City Council indicated its intention to implement new parking I look forward to hearing of the success of Terry and restrictions in associated streets. This has further Anthony in the future, and I once again congratulate compromised and complicated people’s ability to park. them on their openness and courage in relation to these The council is seeking to effectively balance some of issues, which are of great concern to the broader the challenges that arise because of contested space. community. The real issue is that development continues in the Stamp duty: first home buyers west, and as development continues all levels of government need to step up to their infrastructure Mr WELLS (Treasurer) — This statement responsibilities in respect of both key critical economic highlights a significant achievement and the reaching of infrastructure and some of the other smaller issues, such a milestone by the Baillieu coalition government — as car parking associated with railway stations. What I that is, the delivery and implementation of a key do not want to see is local set against local in respect of 2010 state election commitment to significantly cut where and how car parking should occur. This issue property stamp duty for eligible first home buyers from also demonstrates that we perhaps need to review the this Friday, 1 July. provision of buses in the city of Wyndham. The coalition went to the election with a commitment to Planning: Caulfield Village progressively cut stamp duty for first home buyers purchasing a home for up to $600 000 by 50 per cent, Mr SOUTHWICK (Caulfield) — This morning I with the first cut of 20 per cent to take effect for had the pleasure of joining the Minister for Planning, contracts settled from 1 July. This will increase to a cut the Honourable Matthew Guy, in my electorate to of 30 per cent from 1 January 2013, 40 per cent from announce the approval of a planning scheme 1 January 2014 and 50 per cent by September 2014. amendment that will allow for a $1 billion development This important election commitment to ease the cost of near the Caulfield Racecourse. As part of this living burden and improve housing affordability for development Caulfield residents will see an many young Victorians was a key feature of the improvement in the quality of open space facilities for coalition’s policy platform that resonated strongly the community. I am pleased this agreement between within the community during the election campaign and the Glen Eira City Council and the Melbourne Racing continues to do so. Club that I helped facilitate has led to such a wonderful result. Facilities for the community to enjoy will
MEMBERS STATEMENTS
Tuesday, 28 June 2011 ASSEMBLY 2257 include a picnic area by the lake, a large off-leash dog This is a major achievement and the highlight of Bill’s area, walking and jogging paths and a junior soccer ministry in the community, which is not limited to just pitch. I look forward to continuing to engage with the our parishioners but clearly extends to a much broader community on ways to utilise this fantastic facility. community. His is a tough gig. Just for something completely different, he has been a stand-up comic at Jewish Community Council of Victoria: the Melbourne International Comedy Festival. He under-age drinking initiative provided religious education at Pascoe Vale Primary School for around three years, and he was the area dean Mr SOUTHWICK — Being a proud parent and for three years. Well done, Bill! somebody who has worked on a number of youth issues, I am proud to be part of a coalition Yea: cittaslow town government that has introduced legislation banning adults from supplying alcohol to minors in private Ms McLEISH (Seymour) — We all know we are homes unless parental consent is given. The change time poor — we do not have or do not make enough hands back control to parents and opens up the time to sit down and enjoy the pleasures of life. Doing discussion between parents and their children on things that impact positively on our health and alcohol consumption. I am proud to be supporting a wellbeing are often put on the backburner in the ‘race’ local initiative run by Debbie Zauder and Rimma that seems to be the normal pattern of life for many of Sverdlin under the Jewish Community Council of us. Recently residents of Yea decided to act on this and Victoria¸ which looks to combat teen drinking. I took the concept to a different level by working hard to recently attended Leibler Yavneh College, where one have the town recognised as a cittaslow town. The term of these programs is running. This program is a good ‘cittaslow’ has Italian origins and can be translated as model that could be taken up by other schools and ‘slow city’. When you think of this definition in terms other community groups to reduce children’s of what it may mean for your lifestyle, you realise that consumption of alcohol. it really encourages you to take the time to appreciate family and friends and the environment. Roei Sadan Yea is the perfect community to be declared a cittaslow Mr SOUTHWICK — Roei Sadan will be here town. It has a beautiful natural environment, it is from Israel. He has been on a four-year journey friendly and locals are proud of the food and wine they trekking around the world on his bike. produce. The announcement was made in Yea recently in true cittaslow fashion. Members of the committee Fr Bill Beagley and the community took their time. They worked with each other and used local produce to prepare a Ms CAMPBELL (Pascoe Vale) — I wish to pay wonderful meal, of which I was pleased to partake. Of tribute to Fr Bill Beagley, parish priest at St Alban’s course, in line with the cittaslow concept, it was Anglican Church, Coburg West, since January 2003, consumed at a leisurely pace. Committee members and his wonderful family. Bill has been a tireless were joined by many local food producers and worker for his parishioners, the local community, the representatives of the Murrindindi Shire Council and wider Anglican fellowship and prisoners at Port Phillip the Yea Business and Tourism Committee. The prison. Some of the great work he has done to improve members of the small committee — Adele Anderson, people’s lives includes the following achievements. He Helen Jolly, Adam Dennis, Rebecca Bowles and transformed the foyer between the church and the hall Dianne Bartels — are to be congratulated on its to make it a more effective community centre. It is now achievement. Yea is the first town in Victoria and the used by a dance school, play groups and Weight third in Australia to have this title bestowed on it. Watchers among others. He developed a men’s group. With his wife, Leanne, and their three lovely daughters, Flemington: neighbourhood renewal program Rachel, Sarah and Tess, he ensured the annual St Albans Anzac Day service and breakfast was a very Ms PIKE (Melbourne) — Today I want to speak special spiritual occasion, as well as one of great about neighbourhood renewal. Neighbourhood renewal fellowship. He provided visitation and services to three is a terrific program which emanated from the then nursing homes. Office of Housing and commenced around 10 years ago. The purpose of the neighbourhood renewal Bill is a prison chaplain, with parish support, at Port program was to supplement the Office of Housing Phillip Prison. Following on from that, he has capital works that were taking place in certain areas, encouraged and developed support for babies in prison. particularly those of low socioeconomic status. The first
MEMBERS STATEMENTS
2258 ASSEMBLY Tuesday, 28 June 2011 of these programs commenced in Wendouree. At the the table in this year’s budget through its Safer same time as the Office of Housing was upgrading a lot Electricity Assets Fund to start improving the safety of of the housing in that area, additional funding was assets in country Victoria. provided to make sure that jobs could be created, that people had access to high-quality health and education Bentleigh residents, like all Victorians, are involved services, and that the aspirations of that community with their hearts, minds and actions. They have donated could be lifted. That has certainly been the outcome. and volunteered, and they have shed tears over the lives lost in the Victorian bushfires and deserve to know the I was delighted that Flemington was most recently truth about this important government action. chosen as a neighbourhood renewal site. I am very concerned that funding continues to flow for Ambulance services: subscriptions neighbourhood renewal, because these communities desperately need jobs and they desperately need an Ms MILLER — Bentleigh residents will be opportunity to improve the life chances for all the delighted to know that the coalition government is residents of those communities. I will continue to work acting to make ambulance cover more affordable for all to make sure that Flemington, in my community, Victorians. From 1 July, ambulance membership costs remains a neighbourhood renewal site so that people’s for families and singles will halve. That is a significant lives can improve. and much-needed decrease. I am proud to be part of a government that supports Bentleigh residents and Bushfires: royal commission recommendations all — —
Ms MILLER (Bentleigh) — I rise today to The ACTING SPEAKER (Mr Tilley) — Order! condemn the previous government for the The member’s time has expired. misinformation that was provided to Victorians on the true costs of implementing the royal commission’s Breast cancer: football match recommendations following Black Saturday. The Ms GRALEY (Narre Warren South) — I recently suggestion of a $20 billion figure is absolute nonsense had the pleasure of attending the inaugural breast and is completely inconsistent with information from cancer awareness footy match between the Hampton the royal commission. Members of the Labor Park junior and Fountain Gate girls football clubs. I was government, which showed blatant disrespect for the honoured to present the inaugural Breast Cancer truth, failed to implement the royal commission’s Awareness Cup to the victorious Fountain Gate Gators recommendations when they had the opportunity and following their comprehensive 40-point win, and a pink they are now attempting to instil fear into Victorians Breast Cancer Network Australia footy to the Hampton through the use of a media scare campaign. The royal Park team. commission stated that only those electrical assets in areas of the highest bushfire risk need to be replaced. The girls on both teams wore pink guernseys and These are not necessarily required to be underground. armbands — some even wore pink nail polish — and they held a collection for the Breast Cancer Network Ms D’Ambrosio — On a point of order, Acting Australia. It gave me so much joy to see young girls Speaker, I think the member is misleading the house. playing footy with such gusto for such a great cause. It That is not the recommendation 27 of the royal was a really heart-warming and uplifting day as well as commission. That is misleading the house, and I request being lots of fun in all that mud! that the member withdraw that comment. Football at all levels has become a fantastic forum in Mr Kotsiras — On the point of order, Acting which to raise awareness about breast cancer. The Speaker, there is no point of order. The member knows Hampton Park Junior Football Club team included that; she is only playing games. There is absolutely no Biannaka Hazelden, Caitlyn Verlow, Jasmine point of order. Chippendale, Jessica Walker, Kadijeh Maliki, Lauren The ACTING SPEAKER (Mr Tilley) — Order! I Contarino, Maddison Ross, Madeline Martin, am happy to rule on that. There is no point of order. Tamaleahia Price-Stokes, Tayla Beck, Brianna Kapetanovski, Dana Reedman, Jessica Pettit, Jessie Ms MILLER — The coalition government, a Beck, Katrina White, Leah Duffy, Maddison Taylor, government which fixes the problems and builds for the Sarah Bishop and Tameka Arnephy. future, has commissioned the Powerline Bushfire Safety Taskforce, and has already put $50 million on The Fountain Gate Junior Football Club was represented by Alison Jordan, Codie Freeman, Jayde
MEMBERS STATEMENTS
Tuesday, 28 June 2011 ASSEMBLY 2259
Manfield, Kayla Dingle, Kirsty Caldwell, Lucy the services it offers to Victorian families. I Smeaton, Rachael Maxfield, Tegan O’Meagher, congratulate all the team at Taralye on a very successful Charleen Rieck, Demi Dick, Jessica Bakker, Keah week. Brennan, Kirsty Macdonald, Madison Johnston, Skye O’Keefe, Tiffany Brodie, Chloe Nogher, Jamea Drake, Bishop Vincent Long Van Nguyen: ordination Jessica Quental, Kelly Michaels, Lauren Hojnacki, Paige Panczel and Tayla McEwan. Mr MERLINO (Monbulk) — I rise to congratulate Vincent Long Van Nguyen on his ordination as I congratulate both the Hampton Park Junior Football Australia’s first Asian Catholic bishop. On Thursday, Club and the Fountain Gate Junior Football Club along 23 June, I had the pleasure of joining the Leader of the with the umpires and the organisers on the entertaining Opposition and the Minister for Education at a very match and on their commitment. Go, girls! moving ceremony at St Patrick’s Cathedral. The ordination was conducted by Archbishop Denis Hart Edward and Elizabeth O’Toole along with Cardinal George Pell and the Apostolic Nuncio to Australia, Giuseppe Lazzarotto, before other Ms RYALL (Mitcham) — I take this opportunity to bishops, priests and a packed audience of congratulate Edward and Elizabeth O’Toole of predominately Vietnamese Australians. Blackburn North, who were awarded the Order of Australia medal in this year’s Queen’s Birthday The new bishop spoke beautifully about his journey to honours for service to the community of Whitehorse that special moment, including his experience as a through social welfare and service organisations, refugee fleeing war-torn Vietnam. For eight days the particularly for their voluntary work at the Box Hill then teenage Vincent was crammed onto a boat with RSL. Edward and Elizabeth started the Whitehorse Day 147 other people. Unlike so many others, he survived Club in the year 2000, and it is now the largest day club the perilous journey and after 16 months in a refugee in Victoria. The club organises day trips, holidays, camp found his way to Australia. His story is one of a guest speakers, musicians, games and luncheons to give triumph of the human spirit. When he mentioned his back to those who put their lives on the line in defence experience as a refugee and the ‘fair go’ spirit he of Australia’s borders. This is a most fitting honour, encountered in Australia there was rapturous applause, and I congratulate and thank Edward and Elizabeth for as there was when he said that the Vietnamese were the their service to the community. new Irish of the Catholic Church — and when he proudly proclaimed his allegiance to the Sydney Robert and Beverley Hoskins Swans!
Ms RYALL — I would like to congratulate Robert Vincent, a Franciscan, was ordained Titular Bishop of and Beverley Hoskins, who were also awarded an Tala and Auxiliary Bishop of Melbourne. He will be a Order of Australia medal for their service to the wonderful leader based in the culturally diverse western community of Blackburn in this year’s Queen’s suburbs. He has made members of our Vietnamese Birthday honours. This is a most suitable recognition of community extremely proud, and his story is one that their wonderful dedication to volunteering for many should be proclaimed loudly in the national debate on local community organisations, including the asylum seekers. Blackburn Football Club, the Whitehorse Day Club and Nunawading Rotary as well as 30 years with the Red Refugee Week: art and craft exhibition Cross. My warmest congratulations and best wishes to them both. Mr MERLINO — I congratulate the Shire of Yarra Ranges on its Freedom from Fear art and craft Taralye oral language centre: open week exhibition that was held as part of Refugee Week. Janet Wilson, a Montrose resident and community artist, has Ms RYALL — On 17 May I had the privilege of been working with individuals, families and refugee attending the closing ceremony of Taralye Week at the groups through the migrant information centre to assist Taralye oral language centre for hearing-impaired with the exhibition. Well done, Janet! children, where I spoke with staff, students and parents. Taralye is a not-for-profit organisation that supports Children: Take a Break program 0-to-6-year-olds who are hearing impaired and their families. Taralye Week was about showing the Mr WELLER (Rodney) — I wish to express my community the progress that is being made by disappointment at the Gillard government’s decision to hearing-impaired students and teaching the public about discontinue funding for the Take a Break occasional
MEMBERS STATEMENTS
2260 ASSEMBLY Tuesday, 28 June 2011 child-care program. Families right across my electorate committed and gives up much of his time to make sure are understandably upset by the move and deeply that things run smoothly and that the club maintains its concerned about their future child-care options. inclusive and supportive culture for the enjoyment of Without a doubt the cessation of the Take a Break all. service will have a detrimental impact on many country communities right across regional Victoria. Northern Saints Football Club: function
In recent weeks I have been contacted by parents from Ms HALFPENNY — On Saturday, 16 June, I had Kyabram, Nathalia, Tongala, Barmah and Merrigum the pleasure of speaking at a lunchtime event at the who are desperate for this important service to continue Northern Saints Football Club in Fawkner. While the in their communities. Without it many families have no footy was in full swing outside, lunch was available access to affordable child care. Federal government inside and a great variety of stalls were selling goods. funding for this program, originally funded on a 70 per The event was held to encourage the partners and cent commonwealth and 30 per cent state basis, was parents of players to become involved in the club and to discontinued in the May 2010 budget, which meant that acknowledge the contributions of the many volunteers services were due to cease on 30 June 2010. The then at both junior and senior levels. Victorian government continued funding the program until 30 June 2011 as a one-off commitment. There was a great feeling of community spirit on the day. Congratulations to the organisers and the many Upon its election the coalition government formally people who worked hard on the day, including the requested the Gillard government to reinstate the Take president, Peter Lohner, along with Paul, Bruno, a Break occasional care funding, but its request was Franca, Rosanna, Tiziana — — refused. The Victorian coalition government extended the transition arrangements until 31 December 2011, The ACTING SPEAKER (Mr Tilley) — Order! but the state cannot be expected to take over the federal The member’s time has expired. government’s funding responsibility. I congratulate the Murray Valley electorate: community events Baillieu-Ryan coalition government on committing to reinstate Victoria’s funding share if the federal Mr McCURDY (Murray Valley) — I would like to government honours its responsibility. It is now up to congratulate the Rotary Club of Yarrawonga Mulwala the Gillard government to come on board and reinstate on its hugely successful Sunday market. Held on the its funding. third Sunday of each month at the Yarrawonga Showgrounds, the market has over 100 stalls selling a Lalor Tennis Club: awards wide range of goods. Funds raised from the market Ms HALFPENNY (Thomastown) — On Sunday, assist and support local projects and include $60 000 26 June, I had the privilege of presenting awards to contributed in three instalments for the junior members of the Lalor Tennis Club who were Yarrawonga-Mulwala respite house. finalists and runners-up in the district tennis league’s On Saturday night I had the privilege of attending the autumn competition. I congratulate them all. Lions Club of Wangaratta changeover dinner at I also congratulate the club on winning the extremely D’Amico’s Licensed Restaurant. It was a great night, important City of Whittlesea reconciliation award for and what this club can achieve is inspiring. I its work in supporting indigenous kids in the area. The congratulate longtime member Ray Dunstan on being Lalor Tennis Club has been going strong for over honoured with the Melvin Jones award. One of the 50 years and has built up a current membership of over Lions major activities, the annual Wangaratta Swap 200 members representing more than 22 different Meet and Collectables Market, is a not-to-be-missed nationalities and cultures. It is a club that focuses not event with over 500 sites and 5000 patrons. only on tennis coaching and achievement but also on Joy and Greg Johnson inclusion and participation within its community. Mr McCURDY — Congratulations to dairy farmers I would like to make special mention of two individuals Joy and Greg Johnson of Oxley Flats, who are up for a who do so much for the club and the kids who belong national award for their dairy farm management. The to it. One of them is Ian Goolagong, a most dedicated Johnsons have again won the Westpac Dairy Business and caring coach who has earnt great respect from and of the Year award for the northern region, and will join developed a fantastic rapport with the kids he coaches. I regional award winners at the award finals. The also want to mention Dein Vindingi, who is so very Johnsons run 180 cows on their property and share
MEMBERS STATEMENTS
Tuesday, 28 June 2011 ASSEMBLY 2261 farm with Jody Boyd. They supply Murray Goulburn young people in foster care. It was also an opportunity Co-operative. to acknowledge and honour those selfless individuals and families who devote themselves to caring for Cobram Estate: awards children who, through no fault of their own, find themselves in difficult domestic circumstances. Newly Mr McCURDY — I would like to extend my accredited foster carers were recognised, as were carers congratulations to Cobram Estate, which took out two who had been providing loving care and safety for of the three top awards at the Los Angeles International children for 5, 10 and even 20 years. Other special Extra Virgin Olive Oil Competition. No other producer achievement awards were also presented. has won two Best of Show awards in the same year. Congratulations to all those foster carers who give of With olive groves at Cobram, Boundary Bend and themselves selflessly to assist these vulnerable Boort, Cobram Estate pitted seven olive oils against Victorians. I also congratulate Mr Paul McDonald, the more than 600 entries from 20 countries and walked CEO of Anglicare Victoria, together with his team, on away with the double. There is no doubt Australia and the great work they are doing. the Murray Valley are up there with the world’s best. Schools: former government performance Living Longer Living Stronger: funding Mr ANGUS — Recently I met with the principal of Ms DUNCAN (Macedon) — The Baillieu one of the schools in Forest Hill, and she was lamenting government is at it again: cutting funding to vulnerable the backlog of maintenance issues facing the school. In groups within our community. This time it is senior particular she mentioned the school’s leaking roof and Victorians who will pay the price, with the axing of the the fact that buckets had to be placed in the corridor to Living Longer Living Stronger strength and fitness catch the water during heavy rain. This issue reflects program for seniors. This popular and cost-effective the incompetence of the Labor government, which program is run by the Council for the Ageing and since neglected basic school maintenance work during its 2003 has improved the health and wellbeing of over term in government. After 11 long years of financial 17 000 Victorians. The Sunbury Aquatic Centre and the waste and mismanagement, it is great that Victorian Sunbury community health centre in the Macedon schools now have a government committed to attending electorate are 2 of 110 centres to have their programs to required maintenance work on an ongoing basis. axed. This decision adds to a previous failure of the This is clearly highlighted by the fact that in the recent state government in not providing new funding for the state budget the new coalition government allocated Go for Your Life initiative for seniors. These funding $100 million for the Maintenance Fund for Victorian cuts show a lack of understanding of and support for Schools. This is a responsible way to address Labor’s senior Victorians, denying them access to vital exercise negligence over the last 11 years. and physical fitness programs that can improve their health and quality of life. Taylors Lakes Primary School: achievements
Labor funded Living Longer Living Stronger because it Ms HUTCHINS (Keilor) — I rise to acknowledge a recognised the benefits of weight and fitness programs great school and a great principal in the electorate of for older people. This is another example of Take Away Keilor — they are respectively Taylors Lakes Primary Ted and his agenda to hit communities that can least School and its relatively new principal, Chris Sevior. afford it while treating the rest of us like mugs. The With a population of 580 students and 26 classes, it is a scrapping of the School Start bonus, the Take a Break thriving school with strong links to the local program, the Home Wise program and the Go for Your community. The school has a strong focus on literacy Life program, on top of cuts to internet access in and numeracy, as well as a demonstrated striving to kindergartens and to literacy teachers is further develop the whole child. It has innovative music, visual evidence of this mean-spirited government failing arts and physical education programs that aim to Victorian families. challenge and stimulate the kids. I witnessed these programs firsthand when I visited the school on Anglicare Victoria: awards ceremony 17 June. The students have the opportunity to participate in the school choir, and I witnessed the Mr ANGUS (Forest Hill) — Last Friday I had the school samba band performing in the main music room. great pleasure of attending the 2011 Anglicare Victoria eastern region graduation and awards ceremony. It was The school is currently undergoing a major a night to recognise the contribution made by foster redevelopment with funds secured through the federal carers and their commitment to improving the lives of government’s Building the Education Revolution
MEMBERS STATEMENTS
2262 ASSEMBLY Tuesday, 28 June 2011 program, which will deliver new facilities, such as six organisation delivering support to those experiencing prep classrooms, a new ICT lab, a large extension to the homelessness through programs based around sport, the school library, a large extension to the administration arts and health and fitness. It now delivers these block and additional meeting rooms. The new programs to communities right around Australia, building’s facilities are close to completion and will particularly communities involving indigenous expose the students to even better learning populations, refugees and young people. Well done to opportunities to assist their development. I hope the the organising committee, headed by Jason Evans, and Premier’s recent cuts to the education budget do not to the hundreds of volunteers. It should be noted that affect the great work of this school’s literacy coaches. the Espy Rock Dogs from south of the river turned around last year’s unbelievable defeat with a Rail: Mildura line comprehensive victory against the Megahertz from the wrong side of the river. Mr CRISP (Mildura) — Labor’s failed candidate at the last election has been busy promoting a fast train Sacred Heart Mission: concert service to Mildura. My question to the Leader of the Opposition is whether he will back his candidate and Mr FOLEY — Last night the Sacred Heart Mission make not just a promise but a commitment to a fast held its fourth annual Heart of St Kilda concert at the train service to Mildura, or is the failed Labor candidate Palais Theatre, where over 2000 people supported misleading the community? The Labor candidate St Kilda’s largest and best-known community cannot resist a swipe at the Kennett government, yet organisation that feeds, houses and keeps alive and conveniently ignores several broken promises to restore engaged and linked into their community literally the train during Labor’s 11 dark years of government. thousands of people every year. All the artists, the Labor swept under the carpet its own feasibility study, management and staff of the Palais, the master of an option which points out the high-cost issues of grade ceremonies, Brian Nankervis, the chief executive separation and track deviations. officer of the Sacred Heart Mission, Michael Perusco and the outgoing chair of the mission, His Honour Much is made by Labor of the socioeconomic benefit Judge Michael McInerney, should be acknowledged for of a fast train, ignoring the feasibility study finding that another fantastic fundraising effort on behalf of our the fast train rail service rates only two points higher on most disadvantaged citizens. the study’s social impact assessment than a daytime service. These issues were considered difficult enough Country Fire Authority: Rowville brigade to result in the Brumby government’s extension of V/Locity services to Maryborough being limited to a Mr WAKELING (Ferntree Gully) — Recently the maximum speed of 130 kilometres per hour. Will the member for Benambra, who is also the Parliamentary Leader of the Opposition back his candidate and Secretary for Police and Emergency Services, and I commit Labor to the $1 billion-plus needed to deliver were updated by Country Fire Authority management this project? regarding the coalition government’s commitment to identify a future site for the Rowville CFA. The CFA Ross Lake was able to advise that work is progressing well in identifying a prominent location that would meet the Mr CRISP — On another matter, congratulations to future needs of the brigade. Furthermore, as evidenced Ross Lake. Well done on your Queen’s Birthday by the enshrining of the volunteer charter into honour, a just recognition for your tireless work for the legislation, the volunteer members of the brigade have community of the Mildura region. been kept updated of current developments. A public announcement will be made after the purchase of RecLink Australia: football fundraiser suitable land has been finalised. Mr FOLEY (Albert Park) — The past few days Ferntree Gully junior football club: dinner have been big ones for community fundraising for two of the major groups in the Albert Park district. Mr WAKELING — I recently had the pleasure of the attending the Ferntree Gully junior football club’s On Sunday the annual community cup football match annual dinner. During the evening, John Evans and between the Espy Rock Dogs and the Megahertz was Gary Bass were both inducted as life members of the held at Elsternwick Park. It was attended by at least club. Both men have been great servants of the club and 15 000 people throughout the day and raised funds for I congratulate them on their recognition. RecLink Australia. RecLink has grown from a local
CONSUMER ACTS AMENDMENT BILL 2011
Tuesday, 28 June 2011 ASSEMBLY 2263
The ACTING SPEAKER (Mr Tilley) — Order! mentioned earlier, there will be no third party signing The time for making members statements has expired. off on the fairness of a transaction. The opposition contends that this may be interpreted as a watering down of consumer protections. Where it may be more CONSUMER ACTS AMENDMENT BILL acutely felt is, for example, in the case of older 2011 Victorians who may have lost their life companion through death and who may need to sell their home to Second reading move into a retirement village. They may not be in the best emotional state to deal with the business of selling Debate resumed from 2 June; motion of their property, their house. As a result, there may be a Mr O’BRIEN (Minister for Consumer Affairs). situation — and this is certainly not a significant issue Government amendments circulated by in the community — of a rogue real estate agent Mr O’BRIEN (Minister for Consumer Affairs) seeking to take advantage of the emotional state of a pursuant to standing orders. vendor and using it as an opportunity to gain some benefit that is not equitable for the vendor. As the Ms D’AMBROSIO (Mill Park) — I rise to speak provisions of the bill would work there would be no on the Consumer Acts Amendment Bill 2011. I wish to third party oversight in such a situation. Currently, state that the opposition will not be opposing the bill, oversight is provided to ensure that a vendor receives a but opposition members will be raising a number of fair market value for their property or business. The concerns for the attention of the minister and will be exemption can apply only if the agent has obtained a making a particular request. I hope that in his summing vendor’s acknowledgment and consent to the agent up the minister will be able to provide a response to obtaining a beneficial interest. The agent must act fairly these concerns. I note the amendments that have been and honestly and must not be paid a commission or tabled by the minister making what I am advised are other remuneration. perfunctory changes to the bill and I will comment on those towards the end of my contribution. As I understand it, the notion that a real estate agent should bear responsibility in such a transaction is This is an omnibus bill which amends a number of certainly the best course to take and no-one would acts — the Estate Agents Act 1980, the Owners argue with that. It is the responsibility of an estate Corporations Act 2006, the Fair Trading Act 1999, the agent, and they must be accountable for it. However, Conveyancers Act 2006 and the Consumer Affairs members know that sometimes it is not enough to Legislation Amendment (Reform) Act 2010 — and simply state something. That is why we have a strong repeals the Companies (Administration) Act 1981. consumer protection regime in Victoria across a whole With respect to the first act, the Estate Agents Act, range of transactions — because the best of intentions which deals specifically with conflict of interest sales, and the best of statements about where responsibility the bill removes third party oversight for consumers and integrity in behaviour in certain professions lie do where an estate agent purchases or attempts to purchase not always play out in reality on the ground. real estate or a business that they have been commissioned to sell. Officers from Consumer Affairs Victoria explained in their briefing that by removing the third-party oversight Until the introduction of this bill, responsibility for third role it would be absolutely clear that the responsibility party oversight lay with the director of Consumer for behaving honourably would lie solely with the Affairs Victoria (CAV) and more recently with lawyers estate agent. I would contend that if the motivation and conveyancers. As I understand it, the bill still were to achieve a clear signal of where the onus should requires estate agents to meet certain criteria for lie, then the government perhaps may have chosen to exemption from being able to enter into such consider the viability or otherwise of banning altogether transactions. A real estate agent must not purchase a the practice of real estate agents buying properties or property or business unless they meet the requirements businesses that they have been commissioned to sell. for exemption. That is a possibility. It could perhaps have been a worthy option to consider, but that does not appear to As the minister said in his second-reading speech and have been done in this case. confirmed through the briefing that was provided to the opposition by Consumer Affairs Victoria, the As it is proposed, a vendor can only have a transaction motivation here is that the onus should fall on the estate reviewed once it has occurred and then only through the agent alone to demonstrate that they have acted in the court. Advice from Consumer Affairs Victoria shows best interests of the vendor. As a result, and as I that over the past three years there have been
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2264 ASSEMBLY Tuesday, 28 June 2011
42 allegations of breaches of the act on the question of corporation disputes. What that does is seek to these kinds of purchases where, as I said, the real estate strengthen the position of lot owners in owners agent seeks to obtain a benefit from purchasing a corporations, and that is a worthwhile thing. This property or a business that they have been change means that a lot owner will be free to pursue a commissioned to sell. According to CAV, there have claim that could be categorised as a dispute of the been five court actions in the previous five years arising owners corporation. There are also new provisions to from allegations of improper behaviour or breaches of make the service of documents easier for the Victorian the act as it currently stands. Whilst it appears that Civil and Administrative Tribunal so that it can serve unfair practice among real estate agents on this question them on lot owners, particularly those overseas, in a is not rife — and I am certainly not here to contend that manner deemed appropriate. It was interesting to hear it is rife — nevertheless it is important for the VCAT’s observation in the briefings that it had not government to keep track of future allegations as they really had the legal ability to serve documents overseas, arise. To this effect, I ask the minister whether he and this amendment seeks to allow it to do that. would be prepared to have Consumer Affairs Victoria provide information in its annual report on allegations Changes to the Conveyancers Act 2006 come as a of breaches together with allegations that may be result of the fact that on 1 July 2013 the licensing of actioned through the courts and their outcomes as a conveyancers will be transferred to the national result of this bill passing through the Parliament. occupational licensing system, meaning that conveyancers will be able to work across all We need to ensure that consumers are protected. As the jurisdictions. This is part of a national harmonisation opposition remains concerned about the possibility of approach, which is a very sensible approach. Currently the watering down of these rights from unfair Victoria does not allow conveyancers to do legal work behaviour, I think it would be useful for the annual on the sale of businesses, but conveyancers in all other report to reflect incidents of allegations that arise and mainland states can. The bill proposes to allow also court actions that may be pursued by consumers Victorian conveyancers to do legal work on the sale of who feel aggrieved or believe they have been wronged. businesses. Victoria has a very proud record of I have had discussions with the Consumer Action Law promoting national harmonisation of laws, and we Centre on this matter. It too has concerns about the certainly understand the importance of reducing red effects of this amendment and believes there may be a tape and making it easier for good laws to be applied diminution of consumer protection. It believes it is equally across jurisdictions. This adds to the important to have third-party oversight where momentum that commenced under the previous exemptions apply. government.
The Real Estate Institute of Victoria has indicated to me There are a number of other changes that will be given that it strongly recommends to its members that they effect to by this bill, including a number of avoid the issue altogether in terms of the purchasing of amendments to a number of acts, some of which are properties or businesses that they have been minor or consequential in nature, and I will just touch commissioned to sell. That is a consistent policy that it on some of them. The government is seeking to defer has developed through its own experiences. The Real the default commencement dates for the Associations Estate Institute of Victoria is a very responsible Incorporation Amendment Act 2009 and the organisation and one that serves not just its members’ Associations Incorporation Amendment Act 2010 from interests, as it is charged to do, but also has a very good 1 December 2011 until 1 December 2012. I understand eye for the need to have good outcomes when it comes that this deferral is to provide more time for the to consumer protection. Associations Incorporation Act 1981 to be reviewed. I look forward to news from the government on this The bill seeks to amend a number of other acts, and I front. The previous government made some significant will talk about some of those. There are about four reforms in these areas, and we hope that what is to changes proposed to the Owners Corporations Act come will add value to those reforms. 2006. The bill looks at new rules for the management of owners corporations and their powers and functions to Another deferral to a commencement date is to the delegate as well as their power to make a rule Consumer Affairs Legislation Amendment (Reform) restricting the voting rights of people who have been Act 2010. According to the government this is to allow appointed to act as a proxy for a committee member the schedule of infringement offences in the Residential where they have not been elected or coopted to the Tenancies Act 1997 to be replaced by regulations and committee. The bill also seeks to clarify the rule in Foss for several other matters to be dealt with. I pause on the v. Harbottle, in that it does not apply to owners matter I have just talked about to note that according to
CONSUMER ACTS AMENDMENT BILL 2011
Tuesday, 28 June 2011 ASSEMBLY 2265 the briefing we received from Consumer Affairs allowing certain documents to be certified are Victoria there is a need to incorporate regulations for maintained. residential tenancies rather than to address the infringement offences in two separate lots. It makes Further amendments arising from the repeal of the sense to defer the date of the commencement of this Companies (Administration) Act 1981 include particular act, thus ensuring that the two processes of amendments to section 62 of the Health Services Act regulations for residential tenancies are brought 1988. Given that the position of the commissioner for together to create a smoother administrative process. corporate affairs will cease to exist, certain winding-up For uncollected goods, the federal register will be documents that are currently required to be lodged with established in October, if not at a later date. It appears the commissioner for corporate affairs will be required from the briefing that there is something of a guessing to be lodged with the Australian Securities and game about when the federal register will be settled, Investment Commission. and so the bill buys some time. It is a sensible way to move on. Similarly, some great strides have been made in consumer protection in Victoria. I take the opportunity With respect to uncollected goods, the Victorian to note that the national energy consumer framework Automobile Chamber of Commerce (VACC) made a provides some very strong protections for energy request of government to raise the threshold of the consumers. I know the Minister for Consumer Affairs value of motor vehicles as scrap vehicles. There has is charged with the important role of seeing that been a rise in the value of scrap vehicles and raising the framework through the Victorian Parliament at some threshold is a consequence of that reality in the stage. I understand that that will happen between now community. This part of the bill serves to acquit that and 2012. That is my understanding of how this request of the VACC. The amendment also allows the national framework for energy consumers will be disposal by private sale of high-value goods including implemented, through South Australia having already vehicles, provided notice is given and a reasonable passed its legislation. belief is held by the person selling the goods that the best price can be received from the private sale. In terms of negotiations, the framework was running very hot. Last year the then Minister for Energy and The Companies (Administration) Act 1981 is redundant Resources held out against the drive from other as a result of the take-up by the commonwealth of jurisdictions to set maximum standards across a range responsibility for trustee companies. I take the of key issues. Because Victoria had built up a strong, opportunity to reflect again that, led by Victoria, over robust series of laws protecting consumers on energy the past 10 years some great strides have been made in issues — as an example, wrongful disconnection of developing legislative harmony across jurisdictions. energy supply — the previous government, through the This provision is a continuation of the good solid work leadership of the then Minister for Energy and that has already been done to in some respects make Resources, held out and basically said that it would not seamless the laws that impact on all of us equally. let those good, solid, robust protections go, that they would be quarantined and it would stand by them and The new national consumer protection laws that uphold them. commenced on 1 January are another example of great strides having been made and I welcome them. Those What is important here is that the current Victorian laws were strengthened by the previous government’s government has the opportunity to see through the championing of consumer rights, and opposition commitment of the previous government. I welcome members are proud of that fact. I take the small any positive, clear guarantees from the minister that opportunity I have here to reflect on that fact. those better consumer protections will be maintained in legislation here in Victoria when the government This omnibus bill makes a number of other decides to bring to Parliament the national framework amendments. It removes from the Anglican Church of for energy customers. I look forward to that and hope Australia Constitution Act 1960 reference to the that those important conditions are maintained in our commissioner for corporate affairs. This is necessitated law. by the repeal of the Companies (Administration) Act 1981. The bill also affords the opportunity to give effect The bill addresses a wide variety of other provisions, to a request by the Anglican Church of Australia to many of which are perfunctory but nevertheless allowing as only an option that certain documents can important. I reiterate some of the concerns I raised be certified by the Primate. Other methods that exist for about changes to the Estate Agents Act 1980. I hope that the minister is in a position to say that there will be
CONSUMER ACTS AMENDMENT BILL 2011
2266 ASSEMBLY Tuesday, 28 June 2011 clear monitoring, through the annual report of responsibility for their actions — a new approach with Consumer Affairs Victoria, of future allegations of fair outcomes for vendors. breaches and court actions and outcomes because that will be advantageous and it will be useful for us to be The amendments to the Estate Agents Act 1980 are of reassured that consumer protections are not being particular importance to Carrum due to the watered down as a result of this measure. ever-increasing popularity of real estate in our area and the attraction of living in this beautiful electorate. There I have only just seen the house amendments moved by are currently 46 working licensed estate agents in the minister. I would have appreciated a bit more Carrum and over 2000 working licensed estate agents notice, but I accept and take in good faith from the statewide who will be affected by these changes. I have minister’s comments that these are very much spoken to real estate agents in my community, perfunctory changes that are of no consequence policy including Patterson Lakes Real Estate, Eview Real wise but are intended to tidy up a couple of points of Estate Partners in Chelsea and Mitchell Torre Real definition that need tidying up. I reiterate that the Estate in Patterson Lakes, about the proposed changes. opposition does not oppose the bill but has some They told me these changes will have far-reaching and concerns about it on which I hope the minister will wide-ranging effects on their businesses, sales, reflect in his summing up. communities, day-to-day lives and work. They are amendments that will remove the uncertainty that is Mrs BAUER (Carrum) — I rise to speak in support ever present and was present under the previous of the Consumer Acts Amendment Bill 2011. At the government. outset, It is pleasing to note that the opposition will be supporting this bill. I congratulate the Minister for These amendments will spell out simply and clearly Consumer Affairs on introducing a bill that will that if an estate agent is to obtain a beneficial interest in facilitate significant improvements to a number of a property sale, they cannot sell the property without existing acts involving our consumers. These direct written consent from the vendor and they must improvements are sensible and responsible and have not receive an agent’s fee. This is a major change to the already been well received by our community. existing legislation, which tries to protect the vendors but is complicated and hard to enforce. Currently This bill is another step by the Baillieu government vendors who wish to use an agent who will obtain a towards improving the consumer protection framework beneficial interest in the sale are required to get the in Victoria. The bill amends several consumer acts to consent of an accountant, a conveyancer or a legal improve their operation and makes several statute law practitioner. This is just another hurdle in an already revision amendments. We are fixing the confusion and complex transaction. some of the anomalies which existed under the former government and which that government created. This bill will remove that requirement and allow vendors and agents the flexibility to come to a mutually This bill amends the Estate Agents Act 1980, the acceptable arrangement and agreement without the Owners Corporations Act 2006, the Fair Trading Act need for third-party consent. It is important that the 1999, the Conveyancers Act 2006, the Consumer legislation be flexible enough to encompass many Affairs Legislation Amendment (Reform) Act 2010, the different scenarios and that it not be too onerous to Associations Incorporation Amendments Act 2009, the abide by. This particular amendment delivers on these Associations Incorporation Amendment Act 2010, the requirements. Selling a property is something most of Personal Property Securities (Statute Law Revision and us do only a handful of times throughout our lives. Implementation) Act 2010 and the Consumer Affairs Most vendors come to the table with little or no Legislation Amendment Act 2010. experience, yet they are selling their main asset, which is often their much-loved home. The clearer our There will be a wide variety of reforms and changes. legislation is, the simpler it is for all parties involved to The bill proposes amending provisions in the Estate follow it and the easier it is to enforce. Agents Act 1980 that deal with conflict-of-interest sales. This indicates this government’s commitment to Any contravention to this legislation will require a full improving the real estate regulation that currently refund of any commission paid. Agents found to be in exists. The Real Estate Institute of Victoria has already breach of this amendment to section 55 of the Estate thrown its support behind these proposed changes to the Agents Act 1980 will be subject to penalties of up to act. It is pleased that the coalition government is two years imprisonment and/or 240 penalty points on creating a system where agents will have to take their estate agents licence. We are sending a clear message that this act will be a significant deterrent to
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Tuesday, 28 June 2011 ASSEMBLY 2267 any agent who considers flouting the legislation. This Members opposite represent the owners of the means of amendment bill will mean much better protection for production and members on our side of the house vendors selling properties right across the state of represent those who work. Consumers play an Victoria. important role in our community, and one which goes beyond the production process. Over time consumer Having worked in real estate for a short time in the affairs law has developed. On this side of the house 1980s, I am well aware of the public’s general opinion there is a great tradition of acting on behalf of of real estate agents and the perception people consumers and protecting consumers against the sometimes have of real estate agents. They can interests of large business. This is a bill which the sometimes be seen in a negative light. opposition is not opposing, and I will examine various aspects of it in my contribution. Mr O’Brien interjected. Regarding the Estate Agents Act 1980 this bill makes Mrs BAUER — Thank you, Minister! That is right. changes relating to rules governing the purchase of real I believe the clearer the rules of engagement, the easier estate or businesses by estate agents when they are it will be for vendors and real estate agents to form being commissioned to sell that real estate or business. positive and successful partnerships in their efforts to This is an important issue and one that I intend to make sell their properties. Vendors, agents and buyers all the largest contribution on. There is a very clear need to feel protected when it comes to such a valuable principal agent problem. Real estate agents have a and often personal financial transaction. By amending certain reputation — perhaps because of a small the existing legislation we are setting clear rules, minority of bad apples that exist among that reducing confusion, fixing the problems and thereby profession — largely because of what is referred to in fostering the confidence of both vendors and economics as asymmetrical access to information. Real consumers. estate agents often have greater access to information The Real Estate Institute of Victoria has told us it does than the person who wishes to purchase or sell a not like the current act, and it has welcomed the property, and that leads to a situation in which the facilitation of improvements. The legal profession has opportunity exists for that agent to take advantage of also welcomed these proposed changes to remove the access to such information. In fact professions in which current uncertainties. Nobody likes the current there are large issues of asymmetrical access to legislation or the act. We are creating a system in which information often suffer because of the actions of agents must take responsibility for their actions. They persons who take advantage of that disparity of cannot pass on this responsibility to conveyancers and information access. Some of those professions have lawyers, and they must stay within their boundaries. developed reputations based on the actions of a minority of persons in those areas. In closing, I again commend the Minister for Consumer Affairs for a bill that will facilitate significant In this particular area there is a very clear principal improvements to a number of existing acts involving agent problem because if someone is selling a piece of consumers. I congratulate the government on sensible, real estate on behalf of someone else, but then intends common-sense and responsible improvements that have to purchase that real estate, there is clearly a conflict of already been well received in our community. I interest relating to their role. That is why these sorts of commend the bill to the house. transactions have been subject to regulation through previous pieces of legislation and are regulated through Mr SCOTT (Preston) — I rise to speak on the this bill. The fact that significant penalties for Consumer Acts Amendment Bill 2011, a bill to amend misconduct exist demonstrates the magnitude of the the Estate Agents Act 1980, the Owners Corporations issue of conflict of interest. I note that in this bill the Act 2006, the Fair Trading Act 1999, the Conveyancers stipulated penalty in new section 55(1) and (2), to be Act 2006 and the Consumer Affairs Legislation inserted by clause 4, is 240 penalty units or Amendment (Reform) Act 2010, to repeal the imprisonment for two years. Companies (Administration) Act 1981 and to make other minor and consequential amendments to several A penalty unit refers to a monetary unit which is acts and for other purposes. adjusted for inflation on a yearly basis; from memory a single penalty unit is currently valued at around $120 or Consumer affairs law is something which, as a member $130. These are serious matters because there is an of Parliament, I take a deep interest in for the simple issue that arises when such contracts are entered into. It reason that both major parties were founded to needs to be ensured that in cases where real estate represent different aspects of the production process. agents purchase a property they have been
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2268 ASSEMBLY Tuesday, 28 June 2011 commissioned to sell they act in the interests of the corporate and clarify the jurisdiction of courts and the consumer to whom, as has been noted, they have a Victorian Civil and Administrative Tribunal in relation fiduciary duty. Parliament needs to ensure that in such to matters under the Australian Consumer Law. circumstances the interests of consumers are protected. Amendments to the Conveyancers Act 2006 aim to remove the restriction on work involving the sale of As has been stated, until recently vendors and businesses. Amendments to the Consumer Affairs purchasers were required to have the consent of a third Legislation Amendment (Reform) Act 2010 relate to party for such a transaction; previously this was the the disposal of uncollected goods. This bill also aims to director of Consumer Affairs Victoria. That repeal the Companies (Administration) Act 1991. requirement was recently modified to be the consent of a legal practitioner, conveyancer or accountant. I note None of those changes are opposed by the opposition, that the shadow minister for consumer protection raised and I expect the bill to pass. I note there were house concern about the removal of that requirement for amendments circulated by the Minister for Consumer consent and about creating a process whereby there Affairs today which related to technical matters. An would have to be written acknowledgement in a form assurance was given by the minister, and I am sure he approved by the director stating that if the principal is would not mislead opposition members about house aware a person interested in obtaining a beneficial amendments. It is a very serious matter, and I am sure interest in the real estate or business and he or she he is acting honourably in relation to that matter. consents to that person obtaining that interest and acts fairly and honestly in relation to the transaction, he or Ms Asher — He always acts honourably. she is unable to obtain a commission for undertaking such a sale. Mr SCOTT — I note the Deputy Leader of the Liberal Party defending the honour of the minister; I There were concerns raised by the shadow minister that was not impugning it. this may be considered a watering down of regulation because there is no longer a third party involved in the An honourable member interjected. transaction and the transaction would be taking place Mr SCOTT — I am intrigued by the interjection, between the person purchasing the property — in this but it is disorderly to respond to interjections so I will case the estate agent — and the vendor. This is an issue not. This bill builds on a very large body of consumer that I hope the minister will respond to. I note the law which was enacted during the term of the previous suggestion that, where there are prosecutions, it could government and which led the way on the development be reported to the Parliament through the annual of national consumer law and strengthened the Fair reporting process. The shadow minister made that Trading Act 1999. In particular I touch upon the suggestion, and I think it is a sensible one which will regulation of consumer law relating to residential parks. provide an understanding for the Parliament and the There has been a longstanding issue in my electorate broader community of the nature of problems that exist, relating to the rights of tenants of residential parks. The the level of issues that have arisen and the success of previous government introduced an act to give greater the regulatory framework. That would be a useful rights to residential tenants who rent or own in those contribution, and I hope the minister takes up that circumstances. It is a combination of owning a suggestion because it would allow greater demountable unit on land that is leased. understanding of the nature of the problem. The previous government has a proud record of taking I also note the scale of the problem that has been steps to protect the interests of consumers in such a way referred to by the shadow minister. From memory there that does not destroy the benefits of the market. The have been five court actions relating to these sorts of important balancing act in all consumer law is to matters in the last five years. It would be interesting to protect the interests of consumers while not destroying see whether, with the introduction of the new act, the the benefits that accrue from competition and the ability magnitude of prosecutions increases or decreases and of consumers to purchase services on favourable terms whether there is a change. I think it would be useful within the market. There are particular areas, as I additional information for Parliament and the broader touched upon earlier, where there is asymmetrical community, and I hope it is taken up by the minister. information in the market and protection is required, This bill also outlines other changes. Amendments to and I hope that all members of this house realise that the Owners Corporations Act 2006 relate to delegation there are certain circumstances in which the state proxies and the services of notices. Amendments to the should step in and legislate to protect consumers. We Fair Trading Act 1999 relate to the conduct of bodies have moved on from the ancient Roman concept of
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Tuesday, 28 June 2011 ASSEMBLY 2269 caveat emptor being the only basis on which consumers legislation in this area, there is a need to amend relevant are protected. acts in Victoria. For example, section 6 of the commonwealth Secret Commissions Act 1905 prevents The opposition will not be opposing this bill, but I say an agent from secretly buying from or selling to himself again that it builds on a very proud tradition of or herself. However, there are a number of reasons that consumer affairs legislation. I note the contributions of the government is amending the Estate Agents Act members of the former government, such as the 1980 to address situations where an agent obtains a member for Footscray, the former member for Mitcham beneficial interest in a property they have been and the member for Mulgrave, in building that commissioned to sell. legislative program, which has ensured that consumers have greater protection than they did previously. As I The Secret Commissions Act 1905 is a commonwealth said, the opposition will not be opposing this bill. act, and as such Victoria would have to rely on the commonwealth to prosecute offences. This raises Ms RYALL (Mitcham) — I rise in support of the constitutional issues with respect to the prosecution of Consumer Acts Amendment Bill 2011. This bill is natural persons where the offence is committed solely about improving the operation of a range of consumer within Victoria. The commonwealth could rely on the acts and modernising the statute book in relation to corporations power and the interstate trade and consumer affairs. It is about strengthening our laws. commerce power to launch prosecutions, but neither Where we find laws that have fundamental flaws from captures natural persons. The commonwealth act does a consumer protection perspective, we need to act. This not spell out the fiduciary responsibilities of estate bill deals with a number of those issues. agents, and this bill is intended to reinforce those — so we certainly have specifics from the minister in this Section 55 of the Estate Agents Act 1980 was designed situation. to prevent agents or their representatives from gaining a beneficial interest in properties they are engaged to sell. The commonwealth legislation is limited to the agents The bill makes sure that delegations to owners themselves, while the relevant sections of the Estate corporation committees are clear and enables owners Agents Act 1980 are much broader and capture related corporations to restrict the voting rights of particular parties such as agents and/or their representatives and proxy holders of committee members. It also makes associates. Where we have had the opportunity to clear the standing to have disputes of owners strengthen consumer protection laws, we have done so. corporations heard by the Victorian Civil and In this instance we needed to reinforce the fiduciary Administrative Tribunal and gives greater flexibility for responsibilities of estate agents and their the service of documents under the Owners representatives. Penalties apply, including the Corporations Act 2006. The Conveyancers Act 2006 is possibility of two years imprisonment or penalty points amended, as is the Fair Trading Act 1999, to bring it in leading to a fine to the tune of $28 668. line with commonwealth legislation. It also repeals the Companies (Administration) Act 1981. It is unfortunate that we have some unscrupulous real estate agents who have used the existing flaws in the The bill also amends necessary legislation so that the law to avoid accountability and gain beneficial interests National Institute of Accountants is able to change its for themselves. Where there are flaws in legislation, name to the Institute of Public Accountants, to be unfortunately there are people who will seek to exploit known as the IPA. Lastly, in addition to changing them. With such a big investment — and many of us default commencement dates in several acts the bill have been through the process of purchasing a home — enables uncollected goods, including vehicles and we would like to be assured that when selling that asset high-value items, to be disposed of by private sale we are able to deal with people who must respect their where the receiver believes the best price can be fiduciary responsibilities and comply with relevant achieved through this method, and that is something I laws. certainly agree with. Under the existing law, prior to this bill being enacted, This bill is fundamentally about improving the real estate agents are able to not go to the director and protection of consumers in this state, which is declare their situation or circumstances. This bill something the Baillieu government is committed to. A removes the ability of the agent or their representative person’s home is often their biggest and most valuable to take matters into their own hands and act deceitfully. asset, and when selling it they need to have confidence There are severe implications if they are found to have that an agent or their representative is working in their done that. I congratulate the Minister for Consumer best interests. Whilst there is some commonwealth Affairs on his further strengthening of the consumer
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2270 ASSEMBLY Tuesday, 28 June 2011 protection framework, and I commend the bill to the its responsibilities seriously. If we are moving house. amendments to the Estate Agents Act 1980, we need to know that Consumer Affairs Victoria will be carefully Ms CAMPBELL (Pascoe Vale) — I rise to speak watching that consumers interests are protected. on the Consumer Acts Amendment Bill 2011 and to highlight, as other speakers have done, that the The member for Preston highlighted the great disparity opposition will not oppose it. It is an omnibus bill that of power in relationships when dealing with real estate. covers a range of legislation. Given that our shadow When you are a vendor and your house sits in the hands minister for consumer protection, the member for Mill of an estate agent your power is considerably Park, gave a very comprehensive overview and the diminished. Even people who are in the highest member for Preston took a particular interest in the professional echelons in this state become extremely Estate Agents Act 1980, I want to devote a fair portion nervous when they are selling a house — and rightly so. of my contribution to the amendments to the Owners People become extremely concerned that they might Corporations Act 2006 and the Conveyancers Act not be represented fairly. In the end, so much of in the 2006. real estate industry is based on honesty and integrity. I appeal to Consumer Affairs Victoria to pick up its Before moving to those acts, however, I want to monitoring regime when matters are brought to its reinforce the comments of both the shadow minister attention and request that people’s licences be and the member for Preston on how critically important withdrawn where appropriate, that considerable fines be it is that Consumer Affairs Victoria carefully monitor drawn up as appropriate and that vendors have a sense the effectiveness of the change that has occurred to the of fairness when they sell. Estate Agents Act 1980 in relation to a real estate agent ensuring that a vendor’s interest is maintained when It would be interesting, given that as members of they end up becoming the purchaser of a property. Parliament we all have communication budgets, if each Consumer Affairs Victoria has picked up that some of us in our electorate reports asked people if they had lawyers are a little reluctant to sign off on legal concerns about the sale of particular properties in order documents in relation to transactions for house to identify the concerns of our local communities. It purchases and to ensure that the estate agent has done might not be a bad idea. In my next electorate report I the right thing by the vendor. It is also aware and has might ask people whether they have concerns. I will highlighted previously that the director of consumer then raise it with the good folks over at Consumer affairs does not want to be overly burdened with Affairs Victoria, and I look forward to their being the administrative matters that are considered by some champions they are supposed to be for consumers in within the department to be slightly inappropriate for ensuring that the legislation is implemented. her to be responsible for. I want to mention briefly the amendments to the However, I want to highlight that no matter what Owners Corporations Act 2006. I think this is a legislation we pass we have to be primarily concerned welcome change. I am very pleased the bill clarifies with fairness for consumers. That is what the Estate that an owners corporation, managed by the lot owners, Agents Act 1980 is about, and that is what Consumer can by resolution at a general meeting delegate any Affairs Victoria was established to achieve. If lawyers power or function to the committee, the manager, a lot are concerned about their potential liability if owner, the chairperson, the secretary or an employee of documents are not signed appropriately, if Consumer the owners corporation. It is important that people who Affairs Victoria thinks there is a significant amount of are in those owners corporations know that if they wish, work that could be passed to someone else and if we they can transfer responsibility outside, but if they have have moved to the stage of having sign-off on the skills to ensure that the provisions of the Owners documents by the real estate industry, then we have to Corporations Act 2006 are maintained and honoured, monitor that very carefully. then they can do so in a different way from what has been done in the past. I can think of an example about which I wrote to the Minister for Consumer Affairs a month or so ago Finally, on the Conveyancers Act 2006, in my regarding a particular property that was advertised for a experience the conveyancing industry does a certain amount of money and sold for a sum sensational job. I think it is a good move that significantly above that. It seemed the reserve price was conveyancers have the opportunity to do the legal work not within the advertised price range. The on the sales of businesses. The reason I say that is correspondence I received did not give me any comfort because conveyancers have particular expertise in a whatsoever that Consumer Affairs Victoria had taken discrete number of legislative requirements, and they
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Tuesday, 28 June 2011 ASSEMBLY 2271 know them well. If a client, be they a purchaser or old procedure was based on the principle of honesty. It vendor, has just a conveyancer to deal with, rather than was managed so that if someone believed they had a a conveyancer and a lawyer, it makes life much conflict of interest, they went to the director of smoother. Dealing with the one person, particularly consumer affairs to get clarification on how to operate towards the end, when transactions need to occur, in such a situation. However, those who wished not to simplifies matters for consumers. be so honest or transparent were able to not ask the director and go ahead with what they were doing. Such With those brief comments, I wish the bill a speedy behaviour has caused some concern and is the basis for passage. I also implore Consumer Affairs Victoria to the amendment made by the bill, which will clarify ensure that the real estate industry is closely monitored matters and introduce a system that will tighten up the and that matters raised by aggrieved vendors or law governing estate agents in such situations. potential purchasers who have been aggrieved by a failure, as they see it, of the real estate act to be This bill also means that the law in Victoria will operate implemented are given the excellent attention that in a manner similar to the law in Queensland and New Consumer Affairs Victoria provides in most other South Wales. By providing clarification and moving cases. forward I hope we can avoid some of those embarrassing moments which I know are very rare in Mr CRISP (Mildura) — I rise to make a the real estate industry but which create a great deal of contribution to the debate on the Consumer Acts public attention. Amendment Bill 2011. The purposes of the bill are to amend the Estate Agents Act 1980 in relation to estate I refer next to part 3 which makes amendments to the agents purchasing real estate or businesses; to amend Owners Corporations Act 2006 which focus on proxies. the Owners Corporations Act 2006 in relation to This is always a difficult area, whether dealing with a delegations, proxies and services of notices; to amend real estate organisation or any other organisation. Part 3 the Fair Trading Act 1999 in relation to the conduct of clarifies delegations to owners corporation committees, officers, employees or agents of a body corporate and allows an owners corporation to restrict the voting to clarify the jurisdiction of the courts and the Victorian rights of certain holders of proxies of committee Civil and Administrative Tribunal (VCAT) in relation members and clarifies the standing of the Victorian to matters under the Australian Consumer Law Civil and Administrative Tribunal in owners (Victoria); to amend the Conveyancers Act 2006 to corporation disputes, including flexibility for the remove the restriction on work involving the sale of service of documents. It appears that increasingly businesses; to amend the Consumer Affairs Legislation problems with proxies are vexing for members of Amendment (Reform) Act 2010 in relation to the owners corporations. This bill provides clarification on disposal of uncollected goods; to amend the such matters. There is a lot of complex law involved in commencement arrangements in the Associations this, which I do not think we need to go into, because Incorporation Amendment Act 2009, the Associations far more interesting for the people in the Mildura Incorporation Amendment Act 2010, the Personal electorate are changes to the Conveyancers Act 2006. Property Securities (Statute Law Revision and Implementation) Act 2010 and the Consumer Affairs This bill amends the Conveyancers Act 2006 to Legislation Amendment (Reform) Act 2010; and to remove, from 1 July 2012, the restriction on repeal the Companies (Administration) Act 1981. This conveyancers undertaking legal work on the sale of bill represents another step by the government to businesses. This change is made because conveyancing improve Victoria’s consumer protection framework, will be transferred to the national occupational licensing and it amends the acts I have listed to do so. system. When this occurs, the cross-border issue, which is one of the great curses for those of us who live in the I want to acknowledge that prior to becoming a Mildura area, will come up. Currently conveyancers on member of Parliament, the member for Murray Valley one side of the border can work on business sales, but worked for some time as a real estate agent, so it will be those on the other side cannot do so. The bill removes interesting to listen when he makes his contribution. that anomaly. However, the bill places an onus on those Part 2 of this bill, which amends the Estate Agents Act who are going to be involved in the conveyancing of 1980, deals with the issue of conflict of interest. In businesses to have some training and to apply to a particular it deals with an agent obtaining a beneficial business licensing authority to have their qualifications interest in property that they have been commissioned recognised. As Victoria moves into alignment with the to sell. We live in a world of ever-increasing national system, that is an important consideration. complexity, and some of the changes made by the bill have come about because of those complexities. The
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The amendment of the Personal Property Securities settlements and property sales, and real estate agents (Statute Law Revision and Implementation) Act 2010 is obviously play an important role in making sure that also an interesting aspect of this bill. One of the more those sorts of transactions are proceeded with in awkward issues that must be dealt with in consumer accordance with the law and in a manner that law is what a business or person should do with accommodates the needs of people wanting to live in uncollected goods. That issue is complicated and a Victoria. headache for any person in a business that has uncollected goods. The change to the commencement The bill before the house is yet another reform that is date of the act will bring Victorian law into line with required, and at the outset I say that the opposition does federal law and so provide a clearer system for the not oppose it. However, I have some real concerns disposal of uncollected goods, particularly motor about what effects it will have on consumer protections vehicles, which can have a significant value. This value for vendors, and specifically how it will affect vendors can be maximised by private sale, rather than by some whose properties real estate agents want to purchase. other means of disposal, such as scrapping a vehicle. That is what I want to briefly focus on. I do not want to This is always a difficult issue. I am sure all of us have dwell too much on the bill before the house; some left something behind somewhere, then gone back for it eloquent contributions that were made previously to and discovered it is no longer there. For businesses, the mine made all the relevant points. I want to concentrate question is: how long do they hang onto something on vulnerable Victorians, particularly the elderly waiting for its rightful owner to turn up? population and the culturally and linguistically diverse (CALD) communities in Victoria, who need more The bill also amends a number of other acts. In protection than others, particularly those vulnerable particular, it amends some starting dates of acts to ones who have been stung before by various scams. I ensure alignment with some federal government refer particularly to property purchases or property changes, so that we are not caught in an embarrassing sales. situation where our state legislation sunsets before the commonwealth is ready to pick up responsibilities. A home is probably the biggest asset that a Victorian These changes give us room to manage the transfer of will have, either to purchase or sell, and accordingly it some of those responsibilities in the statute book. is important, particularly for those vulnerable Victorians, that people not be stung. That is where With those words, while this bill is a regular piece of governments come in and make good laws to ensure the work undertaken by Parliament it is an important that consumers are protected accordingly. These piece of this Parliament’s work, and I wish the bill a changes will mean that the responsibility will be with speedy passage. the real estate agent alone to demonstrate that they have acted fairly and in the best interest of the vendor Mr EREN (Lara) — I also would like to make a throughout the process. Unfortunately there will be no contribution to the debate on the Consumer Acts third party signing off as to the fairness of the sale, Amendment Bill 2011. This bill amends many acts, which is of huge concern to me. This lack of protection namely, the Estate Agents Act 1980, the Owners puts many vulnerable Victorians in particular at an even Corporations Act 2006, the Fair Trading Act 1999, the greater risk. Conveyancers Act 2006, the Consumer Affairs Legislation Amendment (Reform) Act 2010 and the My electorate is very diverse and has many needs. Companies (Administration) Act 1981. It also makes Proudly I have many migrant communities in my minor amendments to several other acts, namely, the electorate with large populations. We have a proud Associations Incorporation Amendment Act 2009, the history in Geelong, particularly in my electorate, with Associations Incorporation Amendment Act 2010, the our migrants. Many members would know of Pako Personal Property Securities (Statute Law Revision and Festa and how much of a success that is. Many migrant Implementation) Act 2010 and the Consumer Affairs communities attend that special day once a year. Legislation Amendment Act 2010. Thousands of people come and share the experiences of other migrant communities in Victoria. They have a Having said all that, I indicate that we all need to wonderful experience, in terms of both the acknowledge that Victoria’s population is growing. contributions made with the delicious foods that are on Victoria is a very attractive place to live, and our offer and the marvellous costumes the various population has grown steadily over the 11 years that the communities wear throughout the day. I am conscious previous government was in office. Along with that of making sure that the CALD and aged communities population growth, certain businesses are required to particularly are not somehow more vulnerable as a make all the transactions associated with property result of this legislation.
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I put the case strongly that certain safeguards should be Mrs FYFFE (Evelyn) — I am pleased to rise to in place to make sure that those particular consumers speak on the Consumer Acts Amendment Bill 2011. are protected. If one of these members of the The overall objective of the bill is to amend a range of community is selling their property, they have to take consumer acts and other legislation to improve their the real estate agent’s word that they would be getting a operation. The bill contains several measures to fair market value for their property; they would have no improve real estate regulation, a key component of the way of knowing if it was correct or if they were being government’s plan for consumer affairs, and continues taken advantage of. By and large there are wonderful a project to modernise and simplify the consumer real estate organisations and commercial businesses in affairs statute book. It redrafts section 55 of the Estate Victoria. But because such large amounts of money, in Agents Act 1980, which restricts estate agents and the order of many millions of dollars, are changing agents’ representatives from obtaining a beneficial hands in this industry, some safeguards need to be in interest in properties that they have been commissioned place for the unscrupulous real estate agents who would to sell. This will make the legislation similar to take advantage of vulnerable Victorians. equivalent Queensland and New South Wales legislation. We have a proud history. When in government we paved the way for consumer protection. The member The bill also clarifies delegations to owners corporation for Footscray, the former member for Mitcham and the committees, and allows owners corporations to restrict member for Mulgrave, who is now the Leader of the voting rights of certain proxyholders of committee Opposition, were all fantastic ministers. They were part members. The bill also makes amendments to new of a government that introduced tremendous legislation uncollected goods provisions to increase the value to make sure that consumers in Victoria are protected limits for motor vehicles and allow the disposal of against unscrupulous operators. high-value goods by private sale where the receiver of the goods is of the opinion that the best price could be We ensured we looked after all Victorians by leading obtained by private sale and notice has been given. the way in key policy development for national consumer law, reinforcing the Fair Trading Act 1999 to Previously those working in the real estate industry regulate telemarketing and introducing mandatory were permitted to have an interest in a property they conciliation and model contracts for the building were commissioned to sell. This system potentially industry. We modernised legislation and significantly meant that a vendor could receive a price below market reduced the red tape for business in Victoria, while also value. Under the old act any real estate agent was able ensuring that it was easier to register a business and do to appeal to the director of Consumer Affairs Victoria, business in Victoria. We also ensured that unsafe toys requesting permission to have an interest in any for children were identified and destroyed, and cracked property they were commissioned to sell. There are two down on dubious rooming house operators and crooked problems with this. Firstly, there is no definitive way to car dealerships. ensure that the agent is working in the best interests of their client; and secondly, many unscrupulous agents Having said all that, we want to be firmly on the record did not register their interests with the director. The bill as having a lot of concerns about, as I have stated, removes this allowance from the legislation, meaning particularly those vulnerable Victorians who may be that real estate agents are no longer able to take a exposed to a real estate agent who may not be telling commission from the sale of a property they obtain an the whole truth about the value of their property. I urge interest in, ensuring fairness for anyone who sells the government to make sure that mechanisms are in property in Victoria. place to protect particularly those aged Victorians and those Victorians with a migrant background. This amendment brings restrictions on real estate agents into line with those in other jurisdictions such as in As I said, although we are not opposing the bill before New Zealand, New South Wales and Queensland. the house, we want to put forward our concerns to Usually I am against the increase of regulations and make sure that as a result of this legislation those laws to make us what can sometimes be referred to as a vulnerable Victorians are not impacted on in an adverse nanny state, but when it comes to protecting the most way, and that safeguards are put in place to ensure they valuable asset of a person or a family it is important that are protected. As we proudly protected them during the we regulate to ensure, as much as possible, that they 11 years that we were in government, we expect this will not be ripped off by unscrupulous people. government to do the same for those vulnerable Victorians. The bill also makes amendments to provisions regarding owners corporations, making them akin to
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2274 ASSEMBLY Tuesday, 28 June 2011 trading corporations in relation to their management the sale of businesses. It also amends the Consumer and operation. Currently owners corporations are Affairs Legislation Amendment (Reform) Act 2010 in required to individually approve most things that their relation to the manner in which uncollected goods are committees do. The amendments will allow owners disposed of and seeks to repeal the Companies corporations to delegate functions to their committees, (Administration Act) 1981. The bill also deals with a leaving them free to operate and manage the wide variety of other minor technical and incidental cooperative. This is similar to trading corporations, amendments to a range of legislative instruments that which are free to operate without the requirement of the Minister for Consumer Affairs has responsibility constant approval from shareholders. However, certain for. It is one of those more obscure amendments that I powers will be enshrined in the legislation, meaning wish to bring to the attention of the house and that they will not be able to be delegated to the particularly to the minister’s attention under his committee, such as anything that requires an absolute or wide-ranging portfolio. unanimous resolution. The bill also restricts anyone with a conflict of interest from holding a proxy vote for Tucked away in the second-reading speech is reference a committee member. With those brief words I to a very small amendment to the Sex Work Act 1994 commend the bill to the house and wish it a speedy where, to quote the minister: passage. The bill provides for a 1 penalty unit infringement penalty for the offence of failing to produce an identification card. This Mr FOLEY (Albert Park) — It gives me great penalty was inadvertently omitted from previous amending pleasure to rise to make a few comments in regard to legislation. the Consumer Acts Amendment Bill 2011 and in doing so continue the clearly bipartisan support for this I draw attention to this amendment because of the legislation as well as support the amendment moved by nature of the electoral district of Albert Park. With the minister. The bill shows the breadth of activities of some 17 licensed brothels and a number of unlicensed the Minister for Consumer Affairs and the breadth of brothels operating in my electorate this is a perpetually the consumer affairs stable of legislative tools that are interesting and complex matter that my community brought to bear for the people of Victoria, as well as the deals with. The last series of amendments to this very wide range of responsibilities the Minister for legislation dealt with the manner in which appropriate Consumer Affairs has. As many of us have noted, and reputable persons would be obliged to provide through its omnibus provisions this bill amends a wide identification cards so as to ensure that a whole range of variety of acts, including the Estate Agents Act 1980, checks and balances on the system of employment in particularly in relation to estate agents purchasing real brothels were dealt with. The addition to the act of a estate or businesses; and the Owners Corporations Act provision for a 1 penalty point infringement is, of 2006 in relation to very important issues of delegations, course, necessary to ensure the smooth operation of that proxies and serving of notices. In my electorate, which legislation, but that same series of amendments also has one of the highest rates of rental accommodation in dealt with an issue whereby upon advice the Minister the state, a number of which properties are owned for Health was in a position to deal with the regulated interstate and internationally, that is quite an important process under which brothel workers would be subject issue in terms of the smooth operation of owners to medical checks. corporations. For reasons that date back to the Cain and Kirner The bill also deals with the Fair Trading Act 1999, governments and indeed to the Kennett government, particularly in relation to the governing of body under this legislation sex workers were subject to corporates. It clarifies the jurisdiction of the courts and monthly sexual health checks, conducted almost the Victorian Civil and Administrative Tribunal and, as exclusively at the University of Melbourne sexual the minister noted in the second-reading speech, makes health centre. Following many years of research the operation of that act consistent with equivalent Professor Christopher ‘Kit’ Fairley, who heads that provisions in the Competition and Consumer Act 2010, centre, was able to demonstrate on an evidence base under which the commonwealth seeks to promote that there was no more regulated group of workers in enforcement outcomes. The logical and nationally the state than brothel workers. He indicated that consistent operation of this very much national and monthly health checks were a misuse of state resources increasingly international sector of the market is an to achieve a public health outcome. The legislation, important goal that all sides of the house share. again through a very sensible amendment pursued by the Kennett government and related to advice that the The bill deals with the Conveyancers Act 2006 to Minister for Consumer Affairs was the responsible remove a form of restriction on the work involved in minister for the Sex Work Act 1994, dealt with this area
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Tuesday, 28 June 2011 ASSEMBLY 2275 to amend that monthly check arrangement, whereby it Having said that, it is a bit disappointing that the would be dealt with by the Minister for Health through minister’s only utterance in this area has focused on the a regulatory form. policing aspects of the legislation. I understand we are yet to see the instrument brought before the Parliament That amendment was duly passed by the last by which the minister, as the coordinating minister, will Parliament, and on the expert advice of Professor seek to transfer his responsibilities under the Sex Work Fairley and the University of Melbourne sexual health Act 1994 to a policing function. I urge the minister, centre clinic, the changing of monthly health checks of with the greatest respect, to seek the advice of the sex workers to a more infrequent arrangement was duly Department of Human Services and his own proposed by the Department of Health to its minister, department on what is the best practice model, both with wide industry and public health sector support, so within Australia and in other comparable jurisdictions, it came as something of a surprise to learn that the to ensure that there are good health outcomes, good Minister for Health has rejected that advice and the public outcomes and good outcomes for my community public health evidence before him and continues to in this area. institute the previous 1994 legislative arrangement for health checks to be conducted for workers in that sector Mr McCURDY (Murray Valley) — I have great on a monthly basis. It is interesting to note the position pleasure in rising to speak on the Consumer Acts of Professor Fairley, who I understand has written to Amendment Bill 2011, another bill that reduces red the Minister for Health seeking an explanation on this tape and allows Victorians to grow and prosper. This matter but has not yet received a reply. bill has many parts to it, beginning with amendments to section 55 the Estate Agents Act 1980 to assist with I call on the Minister for Consumer Affairs to consult property sales and conflict-of-interest laws. This bill with his ministerial colleague, the Minister for Health, amends the Owners Corporations Act 2006, and it does and to enquire as to how that public policy decision was so in four parts. It also makes some amendments to the arrived at or perhaps in this case how the view of his Fair Trading Act 1999 and deals with some department was overridden. There is no other conveyancing anomalies. mechanism via which these important issues, in particular those in relation to street sex work — Let me begin by congratulating the Minister for important at least in my electorate and in those areas I Consumer Affairs on the intelligent, forward-thinking share with the member for Prahran and to a small and user-friendly changes brought about by this bill. degree with the member for Caulfield — can be dealt After 11 years of spin and discreet, secret dealings, I am with. There is no mechanism at the moment via which proud to be part of a government that cuts through the these issues can be dealt with in an appropriate way by jargon and makes it easier for businesses to do business, this government. for communities to cooperate and for families to fulfil their needs. Again dating back to the Kennett government, the Sex Work Act 1994 provides for a Sex Work Ministerial The sale of real estate can be a frustrating, exhausting Advisory Committee to work across government and and, some say, character-building exercise. For most advise the minister on the operation of the act. people, it is something we only do once or twice in our However, some seven and a bit months into this life. To that end we need to ensure that it is as seamless government’s life, that commitment has not been met. a process as possible. As a non-practising real estate The committee’s advice has not been sought, and it agent, I understand the real estate sector and in continues to be without a chairperson. I had the particular section 55 of the Estate Agents Act 1980. We pleasure of chairing that committee in the Parliament need to ensure that the rules that govern land sales and under the former government, but following the transfers help, not hinder, the whole process. election it was inappropriate for a member of the opposition to continue in that role. At that time I urged The Estate Agents Act 1980 requires some changes — the Minister for Consumer Affairs, as the responsible for example, to section 55, by which vendors who are minister, to act in accordance with his legislative wanting to sell can be restricted in selling due to a obligations under the act to seek the advice of public conflict of interest involving the agent they are dealing health stakeholders, the police and those who work and with. The current act has been changed over time. operate in the industry in the interests of trying to Immediate family members of real estate agents, ensure that this legal — and we might not like it — but including their parents and relatives, could not nonetheless interesting sector of Victoria’s regulatory originally buy property without going to the director of environment operates properly, particularly in my Consumer Affairs Victoria and getting permission from electorate. both him or her and the vendor. That provision was a
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2276 ASSEMBLY Tuesday, 28 June 2011 bit of overkill — like using a sledgehammer to drive commission out of such a deal if they go ahead and home a drawing pin. turns out to be the purchaser.
Other changes were made over the years, and there was The bill makes four important changes to the Owners a mellowing of the legislation. Instead of the director of Corporations Act 2006. It introduces new rules of Consumer Affairs Victoria being required to sign off on management for an owners corporation and the power the deal, you would need the consent of a legal for such a group to be able to delegate its powers and practitioner, a conveyancer or an accountant — none of functions. In particular it allows for a group of lot whom are valuers. That practice, which required a third owners who might own the common property to be party, was nearly always a waste of time. If it was directed in how it is managed, which is in contrast to going to actually help people, having a third party trading corporations whose directors are generally free involved might be okay; however, I do not think that is to manage the companies without shareholder required. The current system will not completely interference. It also gives an owners corporation power alleviate the problem of agents who wish to be to restrict proxy votes, because sometimes proxy voters dishonest, but in line with current-day trends it is about are inappropriate; they may well have a conflict of putting the responsibility back onto the estate agent interest. We are looking out for the wellbeing of tenants rather than imposing rules and regulations that they and co-owners, and that is a fair outcome. The bill also need to adhere to. provides clarity regarding legal disputes. Finally, it includes provisions to assist the Victorian Civil and I want to give an example of how the Estate Agents Administrative Tribunal and co-owners to recover Act 1980 and these transactions impinge on vendors arrears that may very well be from overseas co-tenants. and purchasers. The presence of an underbidder is very important when you are selling real estate, whether you The final part of the bill that I would like to discuss are selling at auction — and we have all seen the relates to conveyancing and the sales of businesses. In auction shows on TV — or whether it is a private sale Victoria conveyancers can act on behalf of vendors or or to a lesser extent a public tender. Even a public purchases in for the sale of land, but expressly they are tender is more often than not just the beginning of the prohibited from undertaking legal work when it comes negotiating phase, not the end of it. In all these to the selling of a business. So far this has not been a situations the underbidder provides the market with the problem; it has been accepted practice. On 1 July 2013 urgency and the benchmark, and the process ensures the licensing of conveyancers will be transferred to the that competition is healthy. Any time you have national occupational licensing system, which will put legislation, rules or regulations that remove an some changes in place to allow conveyancers from underbidder, you are effectively handing the power to other states to work on sales of businesses within the purchaser. We all know that when we are Victoria. It would be ludicrous were Victorian negotiating, the minute one side has an upper hand it conveyancers not able to do this, and the bill will bring becomes a one-horse race and only the purchaser can us into line with other jurisdictions. win. The coalition government aims to be fair and These changes are about reducing some of those rules transparent in allowing for all to compete on this level so that an underbidder can be more proactive, whether playing field. The amendment to the Conveyancing Act that is a real estate agent, a member of his or her family 2006 allows for Victorian conveyancers to do so. Of or someone else in the community. Given section 55 of course checks and balances will be put in place. The the act, too often an agent or their family member can Business Licensing Authority will see that be the underbidder, and quite often that is the case in conveyancers have the appropriate qualifications, so I small rural communities, although it happens in all do not think there is any fear that there will be any communities. We do not want to take away that problems if conveyancers start to trade in businesses competition; we want to see a fair system for people rather than just working on property transactions. selling their properties. In conclusion, this government is reducing red tape and The exemption provided in the bill still requires making things fairer for Victorians; it is assisting those permission from a vendor before a sale can go ahead. who create jobs and provide services and those who are The responsibility now goes back to a real estate agent making a difference in our communities. The buying to act honestly and with integrity and they must and selling of real estate can be very complicated for continue to do so, because one of the key elements in those who do not do it very often — sometimes only this is that a real estate agent is not to obtain a once or twice in their life. We want to make it easier for people to live the dream and to own their own home or,
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Tuesday, 28 June 2011 ASSEMBLY 2277 more particularly in this case, to sell their home if they Act 1999 in relation to conduct regarding bodies want to upgrade to better premises. corporate and clarifies the jurisdiction of the courts and the Victorian Civil and Administrative Tribunal in We want to make it a more competitive market. relation to matters under Australian consumer law. It Whether you live in Yarrawonga, Tungamah, would be remiss of me not to note that when it comes to Numurkah or even in metropolitan Melbourne you consumer protection and consumer law, back in the want a competitive environment and you want to see 1970s and 1980s it was primarily the Labor Party and, that when your property is for sale you get the to a large extent at the time, the trade union movement opportunity to sell to a purchaser at the best possible that funded the first groups that aimed to protect price. Your opportunities and your ability to make these consumers. I recall that at that time it was quite family decisions is made easier by the Baillieu innovative to talk about protecting consumers. I think government. I believe that helping to make this market we have come a long way, and that is all for the good. more competitive outweighs the risks associated with a dishonest real estate agent. In any industry, if people are The bill also seeks to amend the Conveyancers Act going to be dishonest, they will find ways to get around 2006 to remove restrictions on conveyancing work the situation. This will just make it easier for people to involving the sale of businesses, to amend the sell their land and provide underbidders and more Consumer Affairs Legislation Amendment (Reform) competition. Act 2010 in relation to the disposal of uncollected goods and to repeal the Companies (Administration) Real estate agents are fiduciaries, and as such they are Act 1981. expected to act in the best interests of their principal. We have to juggle the associated risks, whether it is a In the few moments I have remaining I will refer to the conflict of interest on the one hand or a reduction in Owners Corporations Act 2006. The bill provides for competition on the other. Section 55 of the act has four changes to that act. There are new rules for the flaws in it. The director of Consumer Affairs Victoria, management of the owners corporation and the owners the lawyers, the conveyancers and the accountants are corporation’s power to delegate its powers and not valuers, and I really do not believe they are the right functions; power to make a rule restricting the voting people to sign off on these things. Opposition members rights of people who have been appointed to act as a have spoken about diminishing the power in the hands proxy for a committee member where they have not of real estate agents, and there are concerns. But I been elected or co-opted to the committee; clarification believe those concerns are outweighed by the reduction that a lot owner will be free to pursue a claim that could in competition that would go with it. With those words, be characterised as a dispute of the owners corporation; I commend the bill to the house. and new provisions to make the service of documents easier for the Victorian Civil and Administrative Mr LANGUILLER (Derrimut) — It gives me Tribunal, so it can serve them on lot owners in any pleasure to rise to record that the opposition will not be manner deemed appropriate, particularly those opposing the Consumer Acts Amendment Bill 2011, overseas. which seeks to amend the Estate Agents Act 1980 in relation to estate agents purchasing real estate or It is incumbent on opposition members to record how businesses, and I think that is an important amendment. proud we are of our track record and the good reforms Fundamentally I concur with the previous speaker, the that we put in place in relation to Consumer Act member for Murray Valley. I am aware that he made a amendments and to various protections whilst we were contribution from a position of knowledge given his in government. We led the way in policy development past activities in the sector. I believe that putting the for national consumer law. We have always understood onus on older people and senior citizens in the how important it was, and is, to harmonise and to community in particular to report any problems with a develop national consumer law. When in government sale or a purchase may well translate into a watering we strengthened the Fair Trading Act 1999 to regulate down of the protections that consumers should have. telemarketing, and we introduced mandatory Nevertheless I think in general terms this legislation is conciliation and model contracts for the building good. industry. It is very important that mandatory conciliation was introduced right throughout Victoria; The bill also seeks to amend the Owners Corporations we brought good reforms into the sector. Act 2006 in relation to delegations, proxies, and the service of notices. As members we see lots of situations We modernised legislation and significantly reduced in our electorates where rentals take place and where red tape for businesses in Victoria. I feel very proud of the act applies. The bill also amends the Fair Trading that fact because we on this side of the house do not see
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2278 ASSEMBLY Tuesday, 28 June 2011 a conflict between being pro-business — making sure When that happened, he had to get an agreement from that businesses can be very successful and that we grow the owner, get proof and feedback from potential the economy — whilst at the same time enabling the buyers, do research in the area and send all this off to economy to generate jobs to create a good quality of Consumer Affairs Victoria. He also had to send off a life for working mums and dads in Victoria. I am very sworn declaration that it was sold for a fair and proud of that, and it is very important to place that on reasonable price and that had to be done by a valuer. If record. Consumer Affairs Victoria was not happy with that, it would send it back and ask for more information. Once When in government we used information technology Consumer Affairs Victoria was happy and it was signed to make it easier to do business and register a business off, the buyer immediately had to put down a 10 per in Victoria. I am not quite sure how long it takes to cent deposit and there was no cooling-off period. I am register a business in Victoria, but I was reading a not sure about that, but that was what John Rault said document indicating that it takes between two and three off the top of his head. He looked at this bill and said, days. I think that compares exceptionally well with ‘We are pretty much doing all this stuff anyway, but registration across the world, so we are doing very well. instead of waiting for the director to sign off on it, it will be an agreement between myself and the vendor The former government was involved in identifying, and we will come to that agreement as long as the raiding and destroying unsafe toys for children, and vendor is no worse off’. who could not be supportive of that? We did that, and we did it well. We cracked down on dodgy rooming The good member for Murray Valley was saying before house operators, prosecuted dodgy car dealers and that accountants cannot do certain things that it is up to increased funding for financial counselling. the valuers to do. I agree with that, but as an accountant, I recognise that we have a fiduciary duty to With these remarks, the opposition does not oppose the our clients and we have to do the best for them. That Consumer Acts Amendment Bill 2011. I commend the responsibility is also held by real estate agents, lawyers bill and wish it a speedy passage. and the like. This bill really just puts the onus back onto Mr SHAW (Frankston) — I rise to talk about the the real estate agent, with the customer saying, ‘Hey, Consumer Acts Amendment Bill 2011. We on this side mate, I would like to buy your property. This is how of the house are members of the party for small much I am going to pay you. This is the fair market business. Many real estate agents are small business value’. As long as the vendor is no worse off, that is not owners, and I am glad that I can count the ones in a problem as far as that is concerned. The member for Frankston as supporters of mine and of our party. Pascoe Vale said, ‘What about the repercussions? What is going to happen if this person gets ripped off?’. The This bill is about what we can do for small business, laws are already there if somebody gets ripped off. That and one of the things we are doing is reducing red tape situation is not covered by this bill because there are and bureaucracy. The bill makes amendments to five already laws to address that. different acts: the Estate Agents Act 1980, the Fair Trading Act 1999, the Owners Corporations Act 2006, The bill also does not allow people who are employed the Conveyancers Act 2006 and the Consumer Affairs by the real estate agent’s firm, such as associates, to Legislation Amendment (Reform) Act 2010. The bill purchase property that the estate agent has been also repeals one act, the Companies (Administration) commissioned to sell. The meaning of the word Act 1981. There are also some minor changes made to ‘associate’ can be quite broad. I know that in the some other acts that I will talk about as well as accounting profession just about anybody you ever section 55 of the Estate Agents Act 1980 and the shook hands with is an associate. The term covers Conveyancers Act 2006. relatives and also an owner or director of a corporation or trustee company. As long as you have a written and Referring to the Estate Agents Act 1980, to dumb it signed consent from the vendor, everything looks like down a bit, if I may, I want to use an example of a business as usual, and real estate agents can go about client and supporter of mine whom I rang about an hour their business. Real estate agents are very proactive in ago — John Rault from Century 21 John Rault Real their communities. They work very long hours, seven Estate in Somerville. I rang him and said, ‘Mate, what days a week, with extended hours and house do you think about this new legislation that we are inspections. This is a pretty good outcome in cutting red introducing?’, and he said he likes it. He said that a tape and doing what we can as the party for small while ago when he worked for a business as a real business. We want to cut through that bureaucracy and estate agent, his brother bought a property from him. red tape.
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Tuesday, 28 June 2011 ASSEMBLY 2279
I would also like to talk about something that is closely have put 1600 extra police on, including 100 extra related to the real estate industry, which is transit police and 940 protective service officers. What conveyancing. As an accountant who was involved in a fantastic mandate! It shows the lack of ability of the filling out form 19 and preparing section 52 now opposition, which put something up as an offence statements — I will explain for the benefit of you guys but did not provide a penalty. That is fantastic over there who have never run a business — when you legislation! sell a business and someone purchases it — — I thank the house for the time I have been given to Ms Green — You can’t help yourself, can you, you speak on the bill, and I commend the bill to the house. slimeball? Mr LIM (Clayton) — I rise to speak on the Mr SHAW — I can’t help myself, Greenie. I can’t Consumer Acts Amendment Bill 2011. I say at the help myself at all. outset that Labor has a very proud record in relation to consumer protection. I could go through the long list of The ACTING SPEAKER (Mr Morris) — Order! our achievements, because we walk tall and proud The member for Frankston will address his remarks among other states in Australia. through the Chair, not across the chamber. This omnibus bill makes amendments to a number of Mr SHAW — Conveyancers will be able to do acts, including the Owners Corporations Act 2006, the work that was limited to members of the legal Fair Trading Act 1999, the Conveyancers Act 2006 and profession before. I know that I would prefer to pay a the Consumer Affairs Legislation Amendment conveyancer rather than a lawyer. We all know that (Reform) Act 2010, and it repeals the Companies lawyers seem to get their fingers into everything, and (Administration) Act 1981. However, the most especially something as basic as this. The accountants significant amendment relates to the conduct of real will do the sale of the business, which is very simple, estate agents, particularly in cases where they are to send it off to a conveyancer who will do all the legal obtain a beneficial interest in property for which they work, and it will all be done. Conveyancers in the rest are handling the sale. of Australia are able to do that. We are bringing Victoria into line with what is happening nationally and Clause 4 of the bill amends the Estate Agents Act 1980 saying that Victorian conveyancers are able to compete by substituting section 55 of the act and inserting a new with the interstate ones as well. That is very simple and section 55A. Specifically, clause 4 of the bill substitutes reasonable. the following into section 55:
The bill is quite dry, but what really excited me was “55 Restriction on agent purchasing property that when I went to the back of the bill I saw (1) An estate agent must not obtain a beneficial interest in accountants up there again. They have changed the any real estate or business that the estate agent has been National Institute of Accountants into the Institute of commissioned by any principal to sell. Public Accountants in about four different acts, so that got me pretty excited. Another one that did not get me Penalty: 240 penalty units or imprisonment for 2 years, or both. quite as excited was the Sex Workers Act 1994. The former government made it an offence for a licensee (2) An agent’s representative employed by an estate agent not to produce their licence, but guess what? It did not must not obtain a beneficial interest in any real estate or put a penalty on it. An offence with no penalty! I did business that the estate agent has been commissioned by any principal to sell. not get that, but then I thought, ‘I do get it, because it is that party over there’. There was no consequence for Penalty: 240 penalty units or imprisonment for 2 years, action, and that is why part of our election platform was or both. about being tougher on crime. We have passed The legislation states very clearly that an agent or their legislation on tougher hoon laws and there are more representative must not buy a property for which they police on the streets. I am grateful that there are are handling the sale. Serious penalties are attached for 35 extra police in Frankston, the highest number breaching this provision. It is a very strong statement allocated in the state. That is fantastic. indeed. However, somewhat surprisingly, given what We want to send that message through the courts. We would appear to be such a strong principle, the bill goes have a clear mandate to be tougher on crime. Whether on to insert into section 55(4) of the principal act that a that is dealing with hoons and kids carrying knives or breach does not occur if certain conditions are met, abolishing suspended sentences — whatever it is — we such as written acknowledgement and non-payment of commission. The very strong legislative prohibition
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2280 ASSEMBLY Tuesday, 28 June 2011 ends in a whimper by providing some fairly broad When things are easy to work with and understand and exemptions. when there is clarity it is simpler for everybody, and this extends to business processes as well. When those I am very concerned for members of my community processes are slick and seamless it is simpler and from non-English-speaking backgrounds, because such quicker for everybody concerned. At the end of the day legislation gives them no protection. There is such an this is another step in improving the consumer obvious conflict of interest in the situation of an estate protection framework in Victoria. This is about good agent purchasing a property for which he or she is governance and good government, and as such I am handling the sale that I wonder whether the conflict of pleased to speak on the bill, which will improve the interest can ever be satisfactorily overcome, no matter overall operation of consumer legislation. how honest the intentions of the agent are and no matter how well informed the vendor is in giving their As previous speakers have mentioned, this bill deals consent. It is very difficult for those who are not with a number of acts, including the Estate Agents Act familiar with the system to negotiate it when it is fair, 1980, the Owners Corporations Act 2006, the Fair let alone if they are dealing with people who are Trading Act 1999, the Conveyancers Act 2006 and the manipulating the system. Companies (Administration) Act 1981, which will be repealed through this process. The amendments relate In other areas the balance of power between the to operational elements and they make life easier for professional and the individual obtaining the service is everybody, which allows our time to be spent on the so heavily in favour of the professional that consent to real work rather than dealing with wasting time on certain things cannot be given, but in the case of the re-work or trying to understand, determine or clarify estate agent the focus is the property. For most people, issues that need interpreting. a home is the most significant asset or investment they will ever own. There can be a marked imbalance in the There are several elements in the bill that will improve relationship between the agent and the vendor — for real estate regulation, which fits with the overall aim of example, an elderly, infirm vendor who has lost his or the government to modify and simplify the consumer her spouse and is preparing to go into some form of affairs statute book. It is pleasing to note that during supported accommodation. That is a situation I have this process relevant stakeholders were invited to come across quite a few times. In such a situation the comment on clauses of the bill while it was being imbalance of power in the relationship is so strong that drafted. The engagement and commitment of I do not believe that conflict-of-interest issues can ever stakeholders are always important. I am proud to stand be overcome, and we need to seriously consider that by a government that willingly does this and invites type of circumstance. people to provide feedback and have input, because where there is feedback and input there is great buy in I do not believe the government has made the case for from stakeholders. People feel they have been engaged overriding conflict of interest, let alone eliminating that and have been heard; they understand. That is pretty conflict. I am not confident that there will not be important from my point of view. complaints and legal disputes arising out of new section 55 of the Estate Agents Act 1980. I hope the I will address some of the detail. Firstly, real estate minister will have a good look at this area and, if there regulation is always required. It is something that is is a need for amendment, that he will allow for that. talked about constantly, because consumers want to The opposition is not opposing the bill, but this is a ensure that they are given a fair go. Our government is serious concern that needs to be taken into account. looking after Mr, Mrs, Ms or Miss Joe or Jo Average. Our government is committed to improving real estate Ms McLEISH (Seymour) — I rise in support of the regulation. Both vendors and purchasers want a fair Consumer Acts Amendment Bill 2011, which will deal, and that is fair. They want to know when they are amend a range of consumer acts and other pieces of buying and selling that they are on a level playing field. legislation to improve their operation. Amendments that A conflict of interest may involve a real estate agent improve operational elements of bills are important as acquiring an interest in a property they are being they result in all types of savings, particularly around commissioned to sell. To date it has been easy to time, which translates into productivity in a workplace bypass requirements, and all they have had to do is gain and ultimately savings all round that can be converted the consent of the director of Consumer Affairs into dollar savings as well. I see these sorts of Victoria. A couple of measures had been trialled in amendments as good, common-sense improvements, terms of the regulations, but there was still confusion. but they also represent our government’s commitment Some people had felt they had been unfairly dealt with. to making things easier for everybody. Our government then came up with a much more
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Tuesday, 28 June 2011 ASSEMBLY 2281 creative solution: it found a different way of achieving Consumer Act 2010. It is good that there be some the fairness that is required. consistency between those acts.
This legislation prohibits an agent or an agent’s As the member for Frankston said, the Sex Work Act representative from obtaining that interest. There are 1994 is being amended because a penalty had been substantial penalties. I recall a number of years ago omitted. Someone could be found to be doing when I was involved in selling a property the agent something wrong, but no penalty would apply. The declaring to me that her brother was going to buy the minister in the second-reading speech was particularly property. It made me quite uncomfortable, and I kind when he referred to the provision being thought, ‘Why am I selling this property if the agent inadvertently omitted. That was a nice way of saying thinks this is such a good deal?’. Where there is a there had been a bit of a stuff up; there had not been a conflict of interest, it needs to be well managed and realisation that there needed to be some penalties in the controlled. act. The minister was particularly kind to the former government on that issue. I want to put a broader context around the issue of conveyancers and their involvement in the sale of To get back to why we are doing this, there have been businesses. For Victoria to move forward it is important some oversights by the previous government, but our that our businesses operate on an level playing field. government is committed to tidying up issues and Where there is not a level playing field and where making things a lot easier operationally for those doing unfairness is perceived, we need to think about how we the work at the coalface. We are providing clarity so we should respond. People get up in arms fairly quickly are not having to stop, interpret and think what things and say, ‘No, you have got to have a fair deal; everyone really mean or where the challenging areas are. should be given a fair go’. In instances in business Through this process we are looking out for consumer where people are not playing on a level playing field, protection, because at the end of the day we need to be they are at risk of losing business to those operating on a government that stands up for Mr, Mrs, Ms and Miss a playing field that is more advantageous. It is great to Joe Average, because they are really important in the be able to support local businesses where you can, but it bigger scheme of things. I am pleased to commend this is not always possible. One business operator may miss bill to the house. out on work because another person who is not far away is able to undertake work that the first business Mr NORTHE (Morwell) — It gives me great operator is restricted in doing due to different licensing pleasure to rise to speak on the Consumer Acts arrangements. This is the case for conveyancers in Amendment Bill 2011. This bill does a number of Victoria. important things. Firstly, it amends the Estate Agents Act 1980 in regard to the dealings of estate agents and The licensing of conveyancers will be transferred to a the purchase of real estate or businesses. This aspect of national system on 1 July 2013. Licensed conveyancers the bill is critically important. We have seen some will still be able to do the work they could undertake in changes over a period of time with respect to this their original jurisdiction. This is where the issue starts particular part of the bill. Section 55 of the Estate to be noted. In Victoria those licensed conveyancers are Agents Act 1980 has been redrafted. Other members able to work only on land sales and not on business have highlighted the importance of ensuring that the sales, which is not the case in other states. When this vendor, the agent and the agent’s representative fully changes, the playing field will be such that Victoria will understand the market value of a property. be unable to compete equally. This amendment bill will level the playing field so Victorian conveyancers can Prior to 1 January the decision as to who could sign off compete and work on business sales on the proviso they on such agreements was really at the discretion of the are suitably qualified. This change is endorsed by a director of Consumer Affairs Victoria. There were study undertaken by the Allen Consulting Group, obvious concerns about that and also — with due which found that the cost of restricting what respect to the director — whether that person conveyancers can work on outweighs the benefits. It is understood the real market values of properties across important that operationally this change will level the Victoria. We on this side of the house believe this playing field so that Victoria will have a competitive legislation will ensure that there are much better advantage in all situations, particularly concerning practices and scrutiny, along with surety for vendors border situations involving big towns like and the agents representing themselves. Albury-Wodonga, for instance. The amendments to the Fair Trading Act 1999 ensure consistent enforcement From 1 January a lawyer, conveyancer or accountant outcomes with the commonwealth Competition and could sign off on whether that agreement would be
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2282 ASSEMBLY Tuesday, 28 June 2011 determined between a vendor and an agent. This Owners corporations play an important role across legislation ensures that there will be a written Victoria. With this legislation we are in part making agreement between the agent and the vendor. This will sure that owners corporations are empowered a bit align Victorian practices with those in Queensland and more and that some balance is restored to their New South Wales. I highlight the importance of committees. We are also allowing them to have a ensuring that those in the argument about the sale of greater say in the structure of their committees and, if property or a business come to an amicable agreement. disputes arise, we want to ensure that lot owners are What the Victorian government has proposed through able to pursue a dispute through VCAT. In the past that the Minister for Consumer Affairs is a very sensible was probably something that lot owners were not able approach to achieving this. We want to ensure that our to do. Through these amendments we are aiming to consumer affairs regulations are adequate and strong. provide powers for lot owners to pursue any claims What we are proposing today through this legislation is specified within the legislation, thereby empowering an important aspect of that. them. That is outlined in the case of Foss v. Harbottle which the minister articulated in the second-reading The sale of property or a business is a major deal for speech. many people. I am sure people in this house have sold property or businesses. It is a massive step, and it is The bill also makes amendments to the Conveyancers imperative that the government has the right measures Act 2006. It removes from 1 July 2012 a restriction on in place to ensure that all the regulations surrounding conveyancers undertaking legal work on sales of the process are sound and appropriate and that the best businesses. In her contribution the member for deal is provided to the vendor. From a real estate Seymour spoke about the national accreditation system perspective we want to make sure that agents can also that will be available from 1 July 2013. We are aligning hold their heads high, knowing they have gone through ourselves with other states. At this stage Victoria and the right mechanisms to come to an agreement. Tasmania are the only states that do not allow conveyancers to undertake the legal work involved in In his contribution the member for Frankston the sale of businesses. It must be said that the bill mentioned the importance of small business, and I provides restrictions and for competencies that will agree it is important. We want to make sure that we need to be achieved by the conveyancers; it does not continue to generate support for business throughout make the change just willy-nilly. Victoria. The laws that we are speaking about today are an important part of that and of planning generally. I The amendments made by the bill also ensure that we have experienced the situation in my electorate of are productive and that businesses can be sold through Morwell where we have had a lack of supply of other vehicles. Far too often in this state we can do residential land for development. The new Minister for better in the cessation of businesses and so forth. There Planning has rezoned a significant portion of land in is a real opportunity through this aspect of the bill to our electorates. From that we will see land prices drop allow conveyancers to do that. Accredited significantly and more investors enter the market. In conveyancers doing this type of work will hopefully question time today members heard the Treasurer speak ensure that some businesses do not just close their about the first home buyer grants and how well doors. There may be opportunities through that, and we received they will be. The point I highlight is that over need to do all we possibly can to support businesses in time we will see significant growth with the purchase of our state. As we know, they are the hubs of many real estate across our communities. It is important that communities, particularly regional communities, and we have the right measures in place so that when agents we need to make sure we support them in the best ways act to acquire land, vendors will be confident in the we possibly can. laws and regulations governing the process. There is also a redraft of section 144 of the Fair Trading There are other aspects of this legislation, including Act 1999. That simply imputes liability to principals for amendments to the Owners Corporations Act 2006. The the actions of officers, employees and agents to bring bill clarifies delegations to owners corporations the act in line with the commonwealth Competition and committees. It also allows owners corporations to Consumer Act 2010. There are also amendments in this restrict the voting rights of certain holders of proxies of bill with regard to new uncollected goods provisions committee members. It clarifies the standing of the that will increase the value limits for motor vehicles to Victorian Civil and Administrative Tribunal to have allow for the disposal of those goods by private sale. owners corporation disputes heard by VCAT and Again, that aspect of the bill is about getting bang for provides more flexibility for VCAT for the service of buck. In closing, these are very important measures. I documents under the act. congratulate the minister and his staff for providing a
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Tuesday, 28 June 2011 ASSEMBLY 2283 very comprehensive overview of the important points appropriate savings and transitional provisions; and in this legislation that will make things better not only includes necessary amendments to legislation to reflect for consumers but also for owners corporations and the change in name of the National Institute of others, which will see the important parts of this Accountants to the Institute of Public Accountants. legislation. I refer first to section 55 of the Estate Agents Act 1980. Mr BATTIN (Gembrook) — It gives me pleasure We all know there are many good real estate agents out to speak on the Consumer Acts Amendment Bill 2011. there, but in the past we have heard of circumstances of Today we have heard plenty from this side of the ones who are willing to flout the law. We want to make chamber in relation to why we are amending these acts, sure we protect those who are purchasing or selling and it has much to do with providing better protection their property. It is important to note that under for consumers to ensure that they have confidence, previous legislation those who were looking to buy a especially when selling a property, which can be one of property and obtain a beneficial interest would have their largest investments. Consumers need confidence had to report that to a director. This bill deals with the in those who represent them when they are selling or people who would tend not to do that. If they were purchasing a house, which can be one of the most looking for a financial interest under illegal terms, they stressful times of someone’s life. It is also one of the would not report themselves prior to doing it. That largest investments most people make during their would not make sense. The bill also adds a penalty of lives, and we want to make sure they have confidence up to 240 penalty units or an imprisonment period of that the laws in place protect their rights when they are two years, both of which can apply. making decisions that affect an investment that could change the rest of their lives. There are some exemptions from this proposed section for an estate agent or an agent’s representative seeking The bill proposes that an agent or an agent’s to purchase a property they have been commissioned to representative be prohibited from obtaining a beneficial sell, and I will go through the conditions. The estate interest in a property they have been commissioned to agent or agent’s representative must get the vendor’s sell. As it stands the bill redrafts section 55 of the Estate written acknowledgement that the vendor is aware that Agents Act 1980, which restricts estate agents and the estate agent or agent’s representative is interested in agents’ representatives from obtaining beneficial obtaining the interest and consents to the estate agent or interests in properties they have been commissioned to agent’s representative obtaining that interest. The other sell. This aims to deliver fairer outcomes to vendors and conditions are that the estate agent or agent’s to operate in a manner similar to legislation in representative act ‘fairly and honestly in relation to the Queensland and New South Wales. The bill clarifies transaction’, that ‘no commission or other reward is delegations to owners corporation committees, allows payable’ with respect to the transaction and that the owners corporations to restrict the voting rights of vendor be left in ‘substantially as good a position’ as certain proxy holders of committee members, clarifies they would if the real estate or business were sold ‘at the standing to have owners corporations disputes heard fair market value’. by the Victorian Civil and Administrative Tribunal and provides for more flexible service of documents under I note the condition in relation to commission. the Owners Corporations Act 2006. Commission is something that many people bring up when selling properties, and the amendments ensure The bill amends the Conveyancers Act 2006 to remove that someone gaining a financial interest in these a restriction on conveyancers undertaking legal work on properties, whether an agent or what have you, does not sales of businesses from 1 July 2012; redrafts receive a commission so that it is a fair dealing going section 144 of the Fair Trading Act 1999 to impute through. This exemption will ensure that the onus is on liability to principals for actions of officers, employees the estate agent alone to demonstrate that they acted in and agents, which will bring it in line with the the best interests of the vendor. In doing so, the strict commonwealth Competition and Consumer Act 2010; duties owed by agents to their principals — in this case makes amendments to uncollected goods provisions to owed by the estate agents to the vendors for whom they increase value limits for motor vehicles; and allows for are acting — will be reinforced. the disposal of high-value goods by private sale where the receiver of the goods is of the opinion that the best The conveyancing provisions are the next part of the price can be obtained by private sale and notice has bill I will discuss. The aim of the bill is to remove an been given. The bill also removes default existing restriction on conveyancers undertaking work commencement dates in several acts; repeals the on the sale of a business, which is contained in Companies (Administration) Act 1981, with section 4 of the Conveyancers Act 2006. It has been
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2284 ASSEMBLY Tuesday, 28 June 2011 mentioned many times that our target is to have engaged to sell. The bill gives various examples where everyone on a level playing field and to give everyone an estate agent is considered to have obtained a the opportunity. It has been mentioned that we are one beneficial interest in the property. There are strict of the few states that does not allow this, and we want penalties for breaching this section, with a penalty of up to make sure that our conveyancers have the to 240 penalty units and/or two years imprisonment. opportunity to work on the entire transaction in the sale of a business and that we get a fair and open market. I There is an exemption to this. However, the real estate reinforce that I support the bill, and I commend it to the agent must be able to demonstrate that they have house. written acknowledgement by the vendor that they are aware that the real estate agent or their representative is Mr KATOS (South Barwon) — It gives me great interested in purchasing the property. This is a bit of pleasure to rise in support of the Consumer Acts common sense. If an agent is interested in purchasing Amendment Bill 2011. The purpose of this bill is to the property, there is a mechanism for them to do it in a amend a range of consumer acts and other various proper manner. The vendor must also consent to the legislation to improve its operation, and it contains agent or their representative obtaining a beneficial several measures designed to improve real estate interest in the property. There must be a written regulation. It also seeks to modernise and make simpler acknowledgement and there must be consent given for the consumer affairs statute book. this transaction to take place.
In my view the main purpose of the bill is to amend If this permission is given, the estate agent or their section 55 of the Estate Agents Act 1980. This section representative must act fairly in the transaction and a restricts agents and their representatives from obtaining fair market value must be paid. If the agent obtains a a beneficial interest in properties they have been beneficial interest, no commission or other reward is engaged to sell. Fundamentally, when an agent is payable with respect to that transaction. That is also a engaged they have a fiduciary duty to their principal to logical course of action. If there is an agreement act in a proper manner. If a purchase were to take place between the agent and their principal for the agent to through which the agent obtained a beneficial interest in purchase, obviously they have obtained a beneficial the property, it would clearly be a conflict of interest interest in the property and therefore no commission because the agent or representative would have a duty will be payable. This change to section 55 of the act to the principal. also brings Victoria into line with other jurisdictions and is part of a move towards a national licensing A similar situation arises in the fish market — I have system. some knowledge of it from previous dealings — in which fishermen sell their fish to the market and an The bill also makes changes to the provisions of the agent is engaged to sell the fish on their behalf and Owners Corporations Act 2006 which will clarify receive a commission for doing so. Obviously it would delegations to owners corporation committees. The not be a fair situation if they were able to pull the fish committee will have all powers and functions that can off the floor and not have them go through a proper be exercised by the owners corporation except for market process. It is a similar situation with real estate. matters requiring special or unanimous resolution, the If such a transaction takes place — that is, when a power of delegation and any matter reserved for a beneficial interest is to be obtained — vendors and general meeting. purchasers have until recently been required to obtain the consent of the director of Consumer Affairs The Conveyancers Act 2006 will also be amended by Victoria. However, less scrupulous agents simply did the bill to remove a restriction that presently exists not get the permission of the director and went ahead which prohibits conveyancers undertaking legal work anyway. on the sale of businesses. As previous speakers have mentioned, Victoria is the only jurisdiction where this In an attempt to correct the situation this was recently is not permitted. This is obviously common sense, and changed, so that if an agent sought to purchase a it is another move to bring Victoria into line with a beneficial interest in their client’s property, they would national system. It is much better to have uniform laws need to obtain the consent of a legal practitioner, an across the entire country. This amendment will come accountant or a conveyancer. Still all they had to do into force from 1 July 2012. was simply obtain the permission of a third party. The bill proposes that an estate agent or an estate agent’s Section 144 of the Fair Trading Act 1999 will also be representative will be prohibited from obtaining a amended so that a principal has liability for the actions beneficial interest in the property that they have been of officers, employees or agents. This is another
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Tuesday, 28 June 2011 ASSEMBLY 2285 measure that brings state legislation into line with attention of the Minister for Roads and I can say that I commonwealth legislation, which is once again a would like to thank the minister and his office for sensible outcome. The bill also makes a number of arranging a briefing for myself and my staff with the amendments to statute law, but I think the main crux of relevant officials from the Department of Transport and the proposed legislation is making it an offence for a VicRoads on the details of the bill. So thank you to the real estate agent to obtain a beneficial interest in a minister. property without consent. I commend the bill to the house. With the introduction of this bill, Parliament is being asked to consider the next iteration, if you like, of Sitting suspended 6.30 p.m. until 8.02 p.m. regulation of the Victorian towing industry. Members of the house would be aware that regulation of the Debate adjourned on motion of Mr HODGETT industry was first introduced back in 1983. Prior to (Kilsyth). that — and again, many members of the house may recall some of these issues — there was some concern, Debate adjourned until later this day. and in some instances there was widespread concern, about how some in the towing industry responded and JOINT SITTING OF PARLIAMENT provided their services to people in need. We have to remember that most people need the services of the Victorian Health Promotion Foundation towing industry often as a result of a motor vehicle accident, and that is obviously when people are Message received from Council acquainting probably more vulnerable in how they respond to the Assembly that they have agreed to joint sitting to services with which they are being provided. If they elect members to the Victorian Health Promotion have been injured, hurt or even shocked, it is a difficult Foundation. time for people. It was recognised broadly that the industry was affected by some poor practices and that, most importantly, people in that vulnerable situation ACCIDENT TOWING SERVICES that I have just described were more exposed to those AMENDMENT BILL 2011 poor practices.
Second reading As a result of the first and then subsequent stages of legislation, the delivery of towing industry services and Debate resumed from 5 May; motion of the fees that are charged have been regulated through Mr MULDER (Minister for Roads). legislation. As we know, the Minister for Roads has the responsibility for setting the fees for the accident Ms ALLAN (Bendigo East) — I am pleased to lead towing and storage industry, which is done following a the response from the Labor opposition on the Accident review of fees. The review is required to be undertaken Towing Services Amendment Bill 2011. For the benefit by the Essential Services Commission, a matter I will of the Minister for Roads — who I am delighted to see come back to shortly as it relates to the legislation is here in the house and hopefully will be here for the before the house. duration of the debate — I am pleased to advise him that the opposition will not be opposing this bill. The legislation enacted in 1983 also introduced the allocation scheme for the industry, which has become While the minister is in the chamber, I would like an important feature of the towing industry. The system to — — was designed to see a tow truck dispatched and arrive at Honourable members interjecting. the scene of an accident within 30 minutes. There has also been an effort to build fairness into the industry The ACTING SPEAKER (Ms Campbell) — and into the system of allocation of work in the Order! I am sure everyone has had a delightful dinner. industry. Over the past nearly 30 years this regulated If members would like to discuss what they have approach has appeared to have served the community enjoyed, they might like to go outside. Otherwise, will adequately, with many of the poor practices being members please take their nominated seats. We will largely a thing of the past, although from time to time, have the opportunity to hear the member for Bendigo as in most walks of life, there are exceptions. The East. legislation the house is being asked to consider today is the latest update in the regulation of the towing Ms ALLAN — I am pleased to have your industry. assistance, Acting Speaker, because I have the full
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I will go into a bit of background to the bill. The bill is while the bill is between this house and the other house. largely a response to the Essential Services I ask for an explanation as to how it will apply this Commission report and implements those indexation in the coming financial year, given that the recommendations in the report that require legislation. bill will not be passed in time for 1 July 2011, which is Earlier I referred to the requirement of the minister to the date required under the legislation. Perhaps it could instruct the ESC to undertake a review of fees before provide some advice on how those indexation fees will changes can be made to the fee regime. In September be provided for into the next financial year. 2009 the Minister for Roads and Ports in the former Labor government commissioned the ESC to do this The bill also requires the Essential Services work and to undertake a review of the system, and a Commission to review the regulated fees every four final report was provided to the minister in June last years, and that non-regulated fees — those being year. The first recommendation contained in the report outside of metropolitan Melbourne; previous legislation is that accident towing and storage charges should be has dealt with the industry within the metropolitan increased by 12.5 per cent. This recommendation was area — and complex salvage fees be ‘reasonable’. accepted by the previous government and was gazetted There are also other changes within the bill that will on 29 October 2010. improve services to the local community, but these services will in some ways increase the cost of accident The ACTING SPEAKER (Ms Campbell) — towing — for example, photographing salvage and Order! I am sure everyone has lots to talk to each other providing more detail in invoices about what towing about — their weekends, dinner and so on — but if services were provided. It should also be noted that a they want to continue with those conversations, I ask minor provision in the bill will reduce fees by a them to please leave the chamber. If members wish to productivity adjustment figure, as recommended by the be in the chamber, I ask for a little silence. essential services commissioner. This is a negligible adjustment. The opposition raises the issue that, in what Ms ALLAN — I was just indicating to the house is a highly regulated industry and sector, it is difficult to that the first recommendation from the Essential see where productivity gains can be made in an attempt Services Commission report has already been to reduce fees. One area where there may be some implemented; that is, the increase in charges by movement in this industry is wages. I express concern 12.5 per cent. A number of other recommendations are that the wages of those who work in the industry may in the ESC report. Not all of them are addressed in this be squeezed as a result of the savings being sought by bill — and I will come to that in a moment — but the the implementation of this amendment. majority of them are. To date the Liberal-Nationals government has not released a formal response to the I turn to some of the issues the Labor opposition would package of recommendations that were found in the like to raise on this bill. The first is the issue of Essential Services Commission report; perhaps the responding in whole to the report handed down by the government could take that on board and provide that to Essential Services Commission. Earlier I indicated that the industry. However, this bill implements the to date the government has not provided a formal recommendations in that report that require legislative response to the ESC package of recommendations. This amendment. has created some uncertainty in the sector around what the government intends to do with particularly The bill amends the Accident Towing Services Act recommendations 8 and 9, and whether it will accept 2007 and regulates the price of accident towing and those recommendations, implement those storage services in metropolitan Melbourne. The key recommendations or present a different view in its provisions in the bill are about the pricing of accident response to those recommendations. It is important that towing and related services. The bill contains a measure the government look to providing a fulsome report in to extend the minister’s power to determine what is a the future. basic salvage fee and notes that complex salvage jobs will not be regulated; definitions of ‘basic’ and The opposition would also urge the government to ‘complex’ salvage services are found within the bill. review whether there is a need to regulate the accident The bill also provides for annual indexation, from towing and storage fees in the Geelong area. Given its 1 July 2011, of all regulated fees — for example, for proximity to Melbourne and that it is a large regional accident towing, storage and basic salvage fees — centre in its own right, there is the capacity to introduce within metropolitan Melbourne. a regulated system within the Geelong area. I am not saying that it should or should not be introduced, but At this juncture I note that this is an area I would that is something that should be looked at by the appreciate some feedback on from the government government.
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The opposition also has concerns about how the number of issues for the industry. For example, no government consulted with relevant industry body in Victoria has the power to stop the transfer of stakeholders. Normal practice for most ministers and tow-truck licences. This, combined with the review of departments is to consult with the major the allocation areas that is in place, has the potential to stakeholders — people who would be interested in lead to profiteering through the buying of a lower value having their views well and truly heard on proposed licence in regional Victoria and then transferring that legislation before it hits the Parliament. Following the licence to an area that is still within the definition of introduction of this bill some weeks ago I took the regional Victoria but is much closer to the current opportunity to meet with representatives of the metropolitan Melbourne boundary. This causes those in Victorian Automotive Chamber of Commerce, a group the industry some concern and is another area that the that certainly has a strong interest in this area. The minister could look at addressing during the course of VACC has a high level of policy expertise, represents the review. over 150 licensed towing operators and has considerable experience and expertise when it comes to To conclude, as I said, the Victorian Labor opposition questions relating to the regulation of this industry. I will not be opposing the bill, but once again I urge the would like to thank those representatives for the time government and the minister to provide a complete they gave me and my staff in discussing this bill. response to the recommendations in the Essential Services Commission report. This would provide Disappointingly for the VACC representatives, when I clarity to the industry on how the government is going had met with them they had not had the opportunity to to respond to and whether it will implement all the ESC meet with the minister and the department to discuss recommendations and not just those that have required the details of the bill. That was a bit of a surprise, legislative change and the amendments before the because if you were in their shoes you would rightfully Parliament today. expect to have been briefed prior to the bill being introduced into Parliament. The VACC representatives I urge the minister also to follow up the issues that have raised with me some of their concerns about the bill. I been raised by the VACC, in particular the definition of make it clear that in raising their concerns they were not salvage. If the minister wanted to examine this matter seeking that the bill fail; in fact they were keen on some further and if, following consultation with the VACC elements of the bill, particularly the indexation of fees and other bodies, he concluded that this definition was for the towing industry. something he wanted to consider amending while the bill is between the houses, the opposition would I would like to touch briefly on some other issues that certainly be open to discussing with him a further were raised. Firstly — I have already mentioned this amendment to the bill and assistance if the amendment and I will not labour the point again — the VACC said was agreeable to the opposition. With those comments, that the industry was not consulted adequately prior to I reiterate that the opposition will not be opposing this the introduction of this bill. Secondly, in its view the bill and I commend the bill to the house. definition of salvage in the bill is unworkable. The definition is, I believe, a new one and the VACC Mr WELLER (Rodney) — It gives me great considers it will create some confusion within the pleasure to rise this evening to speak in the debate on industry. Again, this may be something the government the Accident Towing Services Amendment Bill 2011. can address while the bill is between the two houses. As mentioned by the member for Bendigo East, the bill Thirdly, other issues in the industry related to the trade is a result of the Essential Services Commission’s of tow-truck licences must be addressed. review of accident towing and storage fees, which was published in a report of June 2010. From the outset I I am pleased to hear that subsequent to my meeting note that the tow-truck industry is very important in the with the VACC the minister has met with that quick return to the safe operation of our roads after an organisation and further consultation is to occur on the accident. We also need to remember that people are at regulations and in particular the calculations of their most vulnerable when they have been involved in consumer price index increases as provided in the bill. an accident, so we need the least stress possible and as However, as I have noted, some outstanding issues smooth a transition as there can be when there has been remain. I urge the minister to consult with the VACC an accident. on issues around transfer of licences, allocation area boundaries, depot conditions and permits. The purpose of the bill is to amend the Accident Towing Services Act 2007 to implement certain Before I conclude, I note that the transfer of licences recommendations made by the Essential Services also needs to be examined. The bill does not fix a Commission in its 2010 report entitled Review of
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Accident Towing and Storage Fees and to make a (3) The Commission must conduct and complete a review number of other amendments to the Accident Towing and make a recommendation to the Minister under this section. Services Act 2007 to improve that act’s operation. It makes minor consequential amendments to the If they do not do it before then, they have to do it no Transport (Compliance and Miscellaneous) Act 1983 later than 30 June 2014. There will be a review, which relating to the investigatory functions of the Essential is the proper thing to do. We undertake reviews of all Services Commission and to the Essential Services the things we do to make sure they are working. This Commission Act 2001 relating to the function of the bill makes provision for that to happen from time to Essential Services Commission. time — it is specified to take place every four years — we have a review to make sure the bill is working When going through the bill and looking at some of the properly. clauses, the first one I looked at was the definitions clause. The member for Bendigo East raised a problem At page 17 of the bill, new section 212H is headed with this clause in that one of the definitions needed ‘Charges to be adjusted for CPI’. The bill clearly sets further clarification. I will read what the bill says. The out the following formula: A multiplied by B over C in term ‘basic salvage service’ has been introduced in this brackets minus D. If members have not read the bill, bill. Prior to this, legislation referred to ‘salvage’, not they may well ask, ‘What is ‘A’?’ The bill states: ‘basic salvage service’. The bill provides that the term means: “A” is the amount of the charge for the financial year immediately preceding the relevant year … (a) using one or more tow trucks that are not heavy tow trucks; and And perhaps if members remember ‘B’ is inside the bracket: (b) without using a mobile crane. “B” is the transportation group consumer price index for It provides also that: Melbourne published by the Australian Statistician in respect of the March quarter of the financial year heavy tow truck means a tow truck that is capable of towing a immediately preceding the relevant year … motor vehicle that has a gross vehicle mass of 4 tonnes or more. Mrs Victoria — Is there a ‘C’?
Paragraph (2) of the definitions clause provides: Mr WELLER — There is a ‘C’:
salvage, in the case of an accident damaged motor vehicle “C” is the transportation group consumer price index for that, as a result of the accident — Melbourne published by the Australian Statistician in respect of the March quarter of the financial year (a) is in a location that is not a road or a road related area; or immediately preceding the financial year preceding the relevant year … (b) is embedded in a building or in an object that is not a motor vehicle; or We get to there, then we have the minus ‘D’: (c) is overturned or on its side — “D” is the productivity adjustment figure specified in the means the moving of the motor vehicle to a place on a road or recommendation under section 212A most recently road related area or into an upright position or both so that it made by the Commission or, if the Commission has not may be towed by a tow truck without assistance. made a recommendation under section 212A that relates to the relevant year, “D” is 0·005. When you need to get something in to move a vehicle so that you can get it into a position where a tow truck Members of the opposition have problems with can move it, that is where you use the term ‘salvage’. It productivity gains, but I come from the farming is in the bill. I read the bill and understood that is what industry and have been in business a long time, and I it means. Hopefully that clarifies something for the understand that if you do not increase your member for Bendigo East. productivity, you go out of business. Let us take the dairy and grains industries of Victoria — — Going back to the bill, new section 212A of new divisions 2 to 4 which are inserted by clause 18 The ACTING SPEAKER (Ms Campbell) — provides in part: Order! This is very interesting and there have been lots of smiles on people’s faces, but I ask that the member (2) The Minister must consult with the Minister for Rodney go back to the Accident Towing Services administering the Essential Services Commission Act Amendment Bill 2011. 2001 before specifying a matter for review under subsection (1)(d).
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Mr WELLER — I was talking about productivity, Ms BEATTIE (Yuroke) — It gives me great and members of the opposition were saying that 0.005 pleasure to speak on the Accident Towing Services is too much to ask for. It is a very small amount to be Amendment Act 2011 and to follow such an erudite asking for as productivity gains, and if the Essential explanation of the bill by the member for Rodney. Services Commission establishes that productivity Indeed, it was such an erudite contribution that even gains have been greater, it can be a greater amount. members of The Nationals behind him were all struck Why should we not pass on those productivity gains to by his mathematical performance. However, I will get consumers? I would have thought members of both to the substance of the bill, and of course the opposition sides of the house would like to pass on productivity does not oppose the bill. I note, Acting Speaker, that gains to consumers, especially when they would be you brought the previous member back to the bill. I going to consumers who are stressed. think he talked about what it is to tow and then he talked about cow — I note the similarity in the spelling, Mr Herbert interjected. perhaps he got the two mixed up.
Mr WELLER — The member for Eltham interjects This bill has come about because in September 2009 and says it is a minus. If members look again at the the then Minister for Roads and Ports asked the formula, they will see that it is the sum of the whole Essential Services Commission to review accident lot — you have to take a holistic view. Further, new towing and storage fees in Victoria. The regulation of section 212I, under the heading ‘Offence to charge the industry has come a long way. unreasonable sum or sum different to charge determined under section 211’, states: I am sure everybody in this house will remember the old days when there were cowboys in the industry and (1) A person must not charge an amount for the provision of it was first in, best dressed to accidents. Sometimes an accident towing service, for the storage of an accident damaged motor vehicle or for the provision of salvage there were fights over who was going to tow vehicles, services unless — and accident victims were extremely traumatised by the carryings-on. My husband tells the story of when he (a) if a determination for the service has been made used to be on school holiday. His family lived near a under section 211, the charge is determined in accordance with that determination; or major intersection where there were many crashes. They used to sit by the window waiting for accidents to (b) if no determination for the service has been made happen so they could call their favourite tow-truck under section 211, the charge is a reasonable operator and receive what could loosely be called a charge for the provision of that service. kickback, but it was pocket money for the kids. It might And we are backing it up: if you do not comply, there is be an area that is known to the Acting Speaker, around a penalty of 30 penalty units. Further, new section the Pascoe Vale and Strathmore areas, where there are a 212I(2) deals with the factors a court must consider in lot of accidents. determining what is a reasonable charge for the The review came up with nine recommendations. The provision of an accident towing service but does not government has not responded to all the limit the factors it may consider. We have to remember recommendations, and that is a bit of a disappointment. that this bill also introduces a number of housekeeping We would like the bill to implement all of the amendments, including changes to simplify recommendations that require legislative amendment. terminology in the act and an amendment to ensure that The bill extends the minister’s power to determine only licensed tow-truck drivers are able to attend basic salvage fees, but complex salvage will not be accident scenes. You only want licensed drivers who regulated. It provides for annual indexation from 1 July behave properly and work swiftly to resolve a problem. this year of all regulated fees — accident towing, The member for Bendigo East had a crack at the storage and basic salvage fees — in metropolitan government, saying we had not responded to all the Melbourne. It requires the Essential Services recommendations. I say to the member for Bendigo Commission to review the regulated fees every four East, and indeed other members of the opposition, that years. The bill also requires that non-regulated fees — last October the former minister acted on only one that is, those outside metropolitan Melbourne — and recommendation, which was to increase the price by complex salvage fees be reasonable. I am not quite sure 12.5 per cent. The former government should have about that, because we all have a different view of what done the whole lot back then if opposition members are ‘reasonable’ is. saying that we should be doing the whole lot now. I want to touch on recommendation 4 in particular, because that recommendation notes that towing
ACCIDENT TOWING SERVICES AMENDMENT BILL 2011
2290 ASSEMBLY Tuesday, 28 June 2011 operators should be required to take a minimum of two of concern. When combined with the review of the photographs at salvage operations and that their invoice allocation area, this may lead to profiteering, which the should include a detailed description of the work opposition is very concerned about, through buying undertaken. I think that is a really good low-value licences in regional Victoria and then recommendation that should be taken up, because the transferring those licences to an area closer to the commission revealed that consumers and stakeholders current metropolitan area. The member for Bendigo had commented on the inconsistency and lack of East raised that issue. transparency in salvaging-related charging and invoicing in Victoria compared with what occurs in We understand that the towing industry is not a heavily New South Wales. unionised industry, but it does have some members and as a courtesy we have had discussions with the In New South Wales there are requirements for Transport Workers Union. It does not have a view on tow-truck operators to provide standard invoicing that the bill. describes the accident towing services performed along with a minimum of two photographs where salvage In closing, the opposition does not oppose the bill. activities exceeding 30 minutes are required. This However, we ask the minister to further consider the enables insurers to assess the validity of those salvage areas of concern that I have raised. charges. I would like to see that recommendation implemented at some stage. It is becoming quite Mr ANGUS (Forest Hill) — It is a pleasure to rise common for photographs to be produced when there is this evening in support of the Accident Towing a dispute over various things. Indeed people with Services Amendment Bill 2011. I want to start my mobile phones now can take photographs. contribution by looking at the purposes of the bill. In general terms, the purpose of the bill is to implement Some of the things with which the opposition is the recommendations of the Essential Services uncomfortable include the process around the bill. It Commission (ESC) in its report entitled Review of seems that the major stakeholders were not consulted, Accident Towing and Storage Fees, which was released and the Baillieu-Ryan government has released no in June 2010. It will also make a number of other formal response to the Essential Services Commission’s changes to improve the operation of the act. review. That has created uncertainty as to whether the recommendations that do not require legislative Clause 1 states: changes will be accepted. Should they be accepted, the The main purposes of this Act are — opposition would urge that a review of whether there is a need to regulate accident towing and storage fees in (a) to amend the Accident Towing Services Act 2007 in Geelong be conducted by the Essential Services order to — Commission. do a range of things including —
The minister has met with the Victorian Automobile (i) provide for offences relating to the operation of Chamber of Commerce (VACC), and that is a good tow trucks and the provision of services relating to thing. The opposition was concerned that that meeting the towing, storage and salvage of accident had not occurred. I understand further consultation will damaged motor vehicles; occur in relation to the regulations and the calculation (ii) clarify provisions relating to the suspension of tow of consumer price index increases. It is my truck driver accreditations; understanding that the VACC represents over 150 licensed towing operators and that it has (iii) regulate charges for salvage services — considerable experience and expertise. The government and we have heard from other members in relation to should take advantage of that experience and expertise that aspect. The bill will also: when it comes to industry regulation. (iv) ensure that charges for accident towing services, The member for Bendigo East raised some issues. We motor vehicle storage and salvage are reasonable; would like to see consultation with the VACC on the transfer of licences, the allocation of those area (v) enable the Essential Services Commission to review charges determined for towing and related boundaries and the depot conditions and permits. I just services; want to say a few words in relation to the transfer of licences. The number of licenses issued in the industry (vi) enable charges determined for towing and related is not fixed, and nobody in Victoria has the power to services to be adjusted for CPI — stop the transfer of tow-truck licenses. Those are areas
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Tuesday, 28 June 2011 ASSEMBLY 2291 and we heard a very eloquent dissertation from the said, the bill makes comprehensive changes and makes member for Rodney in relation to the calculation this area of the law far more robust. methodology used within the detailed paragraphs of the bill. The purposes clause concludes: The amendments made by the bill reflect and are consistent with the Baillieu government’s commitment (b) to make consequential and related amendments to the to a strong governance model and a strong state Essential Services Commission Act 2001 and the economy by not allowing these matters to languish but Transport (Compliance and Miscellaneous) Act 1983. to be dealt with in a timely and appropriate manner. The very detailed purposes of the bill are clearly The overall objective of the bill is to ensure that outlined in this clause. accident towing services are provided in a safe and timely manner. That is an important aspect from the I want to look at some of the other amendments that community’s perspective because, as other members will be generated as a result of the bill and highlight a have noted, anybody in the community who is in need couple of them in my contribution. Firstly, the bill of an accident towing service is vulnerable. creates a power for the Minister for Roads to determine the charges applicable for basic salvage operations The bill regulates the price of some accident towing performed by tow trucks. As other members have said, services in the Melbourne controlled area — that is, the the basic salvage operation is clearly defined in the bill. Melbourne metropolitan and Mornington Peninsula Secondly, there is a new requirement that any accident areas. The regulation of charges is very important. We towing services, storage or salvage charges which are all know the pressures that can be felt when a person is not determined by the Minister for Roads be in need of towing services and the stress that surrounds reasonable. that particular situation. I can well remember in my youth, in the days before stop signs and so on, living in Thirdly, there is a new requirement for the Essential my parents’ home, which was on a quite busy corner. Services Commission to undertake a review every There used to be motor vehicle accidents regularly on four years of the accident towing service charges, that corner, and it was not unusual for at least 12 tow storage of accident-damaged vehicle charges and basic trucks to arrive. The drivers would start menacing the salvage charges determined by the Minister for Roads. motor vehicle drivers with a view to obtaining business That is a very important matter which I will come back for themselves and their panelbeating businesses. It was to shortly. The fourth significant amendment is the an extremely stressful situation back in those very old provision for the annual adjustment by reference to the days. Thankfully that has improved, and this bill goes relevant component of the consumer price index of all even further to bring about necessary improvements in accident towing service charges, storage of this particular area of activity in the community. accident-damaged vehicle charges and basic salvage charges, which again will be determined by the The regular review of charges is another area that needs Minister for Roads. to be covered, as it is in the bill before the house. It was neglected by the previous government. I note that the The bill creates an express power to prescribe the way last price review was undertaken in October and that that salvage operations must be undertaken. It also the price has been effective from November 2010. Prior provides for the authorisation of the storage of towed to that there was a price review in 2003. We can see the vehicles in holding yards other than those specified in situation that arose with the languishing of those the authority to tow, provided that those yards are increases for some seven years. That caused a lot of approved for that purpose by VicRoads, and provides a angst within the community of operators dealing in this requirement for tow-truck operators to take all sector. reasonable steps to prevent loss of or damage to an accident-damaged vehicle stored by that operator. That matter is addressed once and for all through the introduction of the bill. We consider that this activity, Members can see that the bill has a comprehensive like others, needs to be conducted on a commercial range of purposes. Some further reasons for the basis and the charges need to keep up with the introduction of the bill include the enhancement of consumer price index. It is very important that we not consumer protection in the operation of the vehicle have delays of some seven years in price reviews as we towing and salvage industry. The bill addresses had under the previous regime. industry concerns by providing for the annual indexation of regulated accident towing charges and a The recommendations of the Essential Services four-yearly review of these charges by the ESC. As I Commission have been well received and have propelled the bill into this place. It is important that
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2292 ASSEMBLY Tuesday, 28 June 2011 they are adopted. I strongly support the bill and It is fantastic that we have such a tight regime now. As I commend it to the house. understand it from the briefings, in other jurisdictions in Australia — New South Wales and the Northern Mr LANGUILLER (Derrimut) — It gives me Territory — there are even tighter regulations and pleasure to rise tonight to speak in support of the regimes, and I welcome that. Accident Towing Services Amendment Bill 2011. The purposes of the bill are to amend the Accident Towing A key feature of regulation of the industry was the Services Act 2007 in order to provide for offences introduction in 1983 of the accident allocation scheme. relating to the operation of tow trucks and the provision I should put on record again the good work done at the of services relating to the towing, storage and salvage time by the Cain government and the then Minister of of accident-damaged motor vehicles; to clarify Transport, Steve Crabb. Under the scheme accidents provisions relating to the suspension of tow-truck driver occurring within a zone are allocated to licensees with accreditations; to regulate charges for salvage services; depots within that particular zone. The system is to ensure that charges for accident towing services, designed to ensure that a truck can be despatched to an motor vehicle storage and salvage are reasonable; to accident within 30 minutes. I think that is welcomed by enable the Essential Services Commission to review consumers and indeed by everybody. It is good charges determined for towing and related services; and practice. to enable charges determined for towing and related services to be adjusted in line with the consumer price It is important to place on record the good work index. conducted by the former Minister for Roads and Ports, the member for Tarneit, who asked the Essential It gives me pleasure to speak on the bill because while Services Commission to review accident towing and it was introduced by the Baillieu government it is pretty storage fees in Victoria. A very comprehensive review much based on the work that the previous Labor was conducted by the Essential Services Commission. I government did. It would be remiss of me not to will read from the introduction of the report, written by reminisce and remind the house that the first good work the chairperson, Dr Ron Ben-David, which contains the done in relation to the regulation of the tow-truck key recommendations. The first of those industry was, as members would remember, carried out recommendations is that: by the then Cain government and the then Minister of Transport, Steve Crabb. That was fundamental work in all regulated accident towing and storage fees should be increased by 12.5 per cent as soon as possible. relation to this industry. In terms of this recommendation, the base towing fee, Accident towing is the towing of accident-damaged which includes the fee for the first 8 kilometres vehicles by a tow truck from an accident scene, and the travelled by tow trucks, is currently $168.45. It is provision of such services is regulated in Victoria. The proposed that that fee be increased to $189.50, which is Accident Towing Services Act 2007 provides for the in effect an increase of $21.05. The second licensing by VicRoads of tow trucks, operators and recommendation is that: drivers performing accident towing and storage services. The act and the Accident Towing Services fees should be increased on 1 July each year starting 2011 to Regulations 2008 together provide the regulatory account for changes in the consumer price index … framework for a central accident allocation scheme for The member for Rodney provided us with a good and towing work within defined boundaries; a licensing well-articulated explanation for this. I must say he lost regime for tow-truck operators; accreditation me — but never mind, it sounded good. Productivity is requirements for operators, depot managers and drivers; exactly what this is about. I concur with the member on restrictions on conduct; and price regulation of certain that point, if anything. The third recommendation is services. that:
Some of us are old enough to remember how the salvage charges should be regulated and accident towing industry worked in the days prior to 1983 when operators should be required to provide documentary unfortunately it was plagued by poor practices and evidence of services performed. service delivery. At any accident the victims were regularly — and I think some of us would have The member on this side of the chamber who experienced this at that time — placed under pressure contributed before me referred to the importance of by the multiple tow-truck drivers attending the scene having photographs of incidents and accidents that take and competing for the work. They put pressure on the place. drivers at a very difficult time.
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The final key recommendation is that: Bill 2011. While I will not go into numerical and mathematical data like the member for Rodney did a the Victorian government should review the nature and form little earlier in the night, I can say this bill makes good of regulation to apply to accident towing and storage fees throughout Victoria, including whether there is a need to points. It is good to see members from both sides of the regulate accident towing and storage fees in Geelong. house supporting the bill. The opposition’s lead speaker on this bill, the shadow This bill implements the recommendations of the Minister for Roads, the member for Bendigo East, Essential Services Commission that are contained in its referred to this matter, put it to the government and review of accident towing and storage fees. It regulates requested that it be given consideration. accident towing in Victoria by providing that accident towing businesses and drivers must be licensed by It is important that I place on record that we VicRoads. This bill is aimed at ensuring that those fundamentally welcome this legislation. Why would we duties that are undertaken after accidents, including the not? We did most of the work. In 1983 another Labor clearing of debris, salvage towing and the storing of government, the Cain government, put these regulations vehicles, are done in a safe and timely manner, as they in place for the first time. Much of the work, including should be. the consultation, the review and the reference provided to the Essential Services Commission, was conducted The bill regulates the price of some accident towing by the previous Labor government. It appears to me services in the Melbourne-controlled area to ensure that that the current government does not quite get how motorists involved in accidents do not have to pay important it is to talk to people, to talk to the sector and excessive amounts if they have an accident and need to stakeholders and to hear their views. We do not their vehicle towed. This is a very important point for oppose the bill, but we think it is important that we say consumers in our society. It has become an issue when to the government, including the minister, that it is fees have had to be negotiated at the scene of an important for it to take this sector into account. accident because the scheme had no set mechanism to deal with rising costs. It can be a very traumatic time at The Baillieu government has released no formal the scene of an accident, as the member for Forest Hill, response to the Essential Services Commission’s who had a very serious accident, explained. This is a review, creating uncertainty as to whether the critical time, and people need to be looked after. recommendations that do not require legislative change — that is, recommendations 8 and 9 — will be The accident towing industry has not only borne accepted. I think that is important. I am confident the increased costs without price increases but has also minister will take the matters that have been raised by been hampered by a lack of certainty about when price the opposition into account and respond to them when increases should be determined. This bill provides that summing up the debate on the bill. Should the certainty. The absence of a formal adjustment process recommendations be accepted — and this was put on has meant that towing operators could be compromised the record simply and clearly by the lead speaker, the in their ability to recover increased costs. This in turn shadow Minister for Roads — the opposition would could have longer term implications for the wider urge a review to be conducted by the Essential Services community, because it could threaten the viability of Commission as to whether there is a need to regulate operators and therefore leave holes in service provision accident towing and storage fees in Geelong. within the community.
In summing up, I say that I am happy to have placed a The Essential Services Commission noted that, at the few comments on the record in relation to the Accident time of the review, accident towing and storage fees Towing Services Amendment Bill 2011. There are one had not increased since 2003. To address this problem or two truck drivers in my electorate in Sunshine and the bill introduces the requirement that these charges be St Albans! They all welcome this regulation. They are reasonable, which I think is fair. It also provides that if happy to work within this framework. This legislation an unreasonable charge is made, a court may require introduced by the coalition government responds well the operator to refund a portion of that charge. This will to work done by former Labor governments, which did keep operators honest and make sure they continue to most of the homework. I think it is good that we do the right thing by the community. This provision, proceed and continue to tighten up this industry. I which is consistent with the approach of the Essential commend the bill to the house. Services Commission, will provide protection to consumers. Consumers know they will be charged a Mr BULL (Gippsland East) — I rise to speak in fair and reasonable price, and this will be achieved support of the Accident Towing Services Amendment without the introduction of excessive regulation.
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2294 ASSEMBLY Tuesday, 28 June 2011
Another area dealt with by the bill is salvage services. the act and where that accreditation had not been Currently the act does not prevent tow-truck operators suspended or cancelled but renewal had inadvertently from charging for salvage services and does not been overlooked. regulate the charges that may be levied for those services. It also does not require documentation to This bill will also enable tow-truck operators to store justify the charges. This bill addresses those areas of accident-damaged vehicles in secure areas which have concern. been approved by VicRoads. This applies even if those areas have not been specified in the relevant Given the exclusive rights enjoyed by tow-truck authority-to-tow document but are within a short operators in the controlled area outlined earlier, there is distance of the place identified in the authority to tow. the potential that operators attending the scene of an This is a common-sense change that will benefit the accident could levy excessive salvage charges on industry. consumers and perhaps even levy salvage charges when they are not required. We know that most people in the The bill introduces a number of housekeeping towing industry are fair, honest and good people, but amendments, including changes to simplify there have been instances where this good reputation terminology in the act, which is pretty basic stuff. It has been tarnished. This is of importance as the affected introduces an amendment to ensure that only licensed parties would generally have a limited ability to tow-truck drivers are able to attend accident scenes for negotiate with tow-truck operators in the aftermath of the purpose of towing vehicles for commercial gain. an accident. Once again we are making a common-sense change.
In dealing with salvage services it is important to These are important changes to the legislative regime distinguish between complex and basic salvage. The governing accident towing. They provide for a fair member for Rodney gave a great explanation before, charging regime that balances the concerns of the but I might be able to do it in simpler terms. Complex industry against the concerns of the consumer in a salvage involves heavy or more difficult activities that manner that is sensible and achieves common-sense require specialised equipment, including heavy tow outcomes. I have discussed aspects of this bill with my trucks, cranes and so on. Basic salvage entails more local towing service operator in Bairnsdale, Brian common, run-of-the-mill salvage. This bill would Casey at G. P. Motors Pty Ltd. He has asked me a lot of ensure that basic salvage fees do not fall in real terms questions about the bill. over time. They, too, will be subject to the annual indexation and four-yearly Essential Services Ms Allan — Nice plug. Send him a cheerio. Commission reviews that will apply to regulated Mr BULL — We have been over a lot of the details accident towing and storage charges. of the bill, and he has advised, as the member for The bill provides further protection for consumers in Bendigo East would appreciate, that this is a the salvage area by including an express power to make common-sense bill and that he is very happy with all regulations in relation to the conduct of salvage the details in it. I commend the bill to the house. activities. This will enable regulations to be made Mr HERBERT (Eltham) — It is a pleasure to speak which will improve salvage operations, including the on this bill, which continues the good work that has implementation of the Essential Services Commission been done by previous Labor governments over a requirement that towing operators take at least two number of years. I do not intend to speak a lot on the photographs at the scene of salvage works. What this bill. The member for Rodney read much of the will achieve is greater transparency and consistency legislation into Hansard, so I will not need to go over within the industry, and it will go a long way to making that well-trodden ground. I will say that the bill builds sure the right thing is done. The changes to the salvage on the recommendations of the Essential Services regime provide a balance that protects consumers from Commission report and enacts legislative excessive salvage charges by operators while also recommendations made in that report. However, it enabling towing industry operators to levy reasonable needs to be said that there are other recommendations charges over time to make sure their business is a viable that the government simply has not acted on, which is a proposition. pity.
The bill also responds to industry concerns by reducing The towing industry is not the most glamorous subject the maximum penalty from 60 penalty units to that this Parliament has debated, but it is an industry of 30 penalty units for failure to renew accreditation under great importance as it relates to the safety of motorists the act where a person was previously accredited under on our roads. I do not think anybody in this house
ACCIDENT TOWING SERVICES AMENDMENT BILL 2011
Tuesday, 28 June 2011 ASSEMBLY 2295 wants to see the industry revert to a cowboy industry 3.3 per cent. That relates to the teaching profession in that is not properly regulated and does not provide good that teachers were offered 2.5 per cent, while under this value for money and quick and efficient services for legislation tow-truck drivers get 3.3 per cent. I am not motorists in distress. That point is highlighted by the saying that tow-truck drivers do not deserve it — they very simple fact that in 2009, according to VicRoads, are hardworking people — but so do teachers, police there were something like 13 500 accidents involving and nurses. It highlights the hypocrisy of the injuries or deaths on our roads. Whilst we have brought government that we have legislation giving tow-truck down the road toll a bit, there were 267 fatal crashes. drivers more than 3.3 per cent, according to the All of those accidents required quick and efficient formula, but hardworking teachers, nurses and police tow-truck services to protect road users from further get 2.5 per cent plus productivity. accidents as a result of cars and wreckage being strewn across the roads. These figures demonstrate the dangers The ACTING SPEAKER (Dr Sykes) — Order! of not having an efficient tow-truck service with The member has got his media release out of it; now he operators who know what to do when there are will come back to the bill. accidents and dangers on our roads. Mr HERBERT — I made that point because it is A few weeks ago there was an incident in the Burnley very relevant. There is injustice in how tow-truck Tunnel, which many people here will be aware of, drivers are remunerated under this bill compared to where three motorists were involved in a relatively other professionals in this state, who are being ripped minor accident. They were getting out to exchange off. details when along came a truck that collected one of the cars and threw it into the motorists. They flew There are a number of issues in the accident towing across the road, with one of them being wedged industry that are not addressed in this bill but, given the between a vehicle and a concrete barrier. It was lucky opportunity, could have been addressed by the that all three of them walked away with only cuts and government — issues such as the power to stop the bruises, but it highlights the need for the service that transfer of tow-truck licences. Currently profiteering is tow-truck operators often provide when they arrive at happening whereby people are buying low-value the scene of an accident in terms of sheltering those licences in regional Victoria and then transferring those involved in the accident from the ongoing flow of licences to areas close to the current metropolitan traffic, which without good and efficient services can Melbourne boundary. It is a profiteering situation that mean that an even worse accident may occur. should have been addressed, given the regulatory nature of this bill. The manager of opposition business I will not say a lot about the bill, but there are a few highlighted very well other deficiencies regarding this parallels with my shadow ministerial responsibilities in bill and the appalling stakeholder consultation that the teaching profession portfolio. The bill has a number occurred. of key factors, one of which is that it extends the minister’s power to determine basic salvage fees from No formal response to the ESC’s review was issued by time to time. Given the comments of Mr Hall, the the government, and in relation to consultation with Minister responsible for the Teaching Profession, that peak industry groups the minister had to be dragged he would, if he had his way, like to see teachers the kicking and screaming to a meeting with the Victorian highest paid in the state, I think teachers would like the Automobile Chamber of Commerce to hear its views minister to have the power to determine that and would on it even though — — like to not be at the mercy of Treasury and a Ms Campbell interjected. government administration that is backtracking on its commitments. That is the first similarity. Mr HERBERT — That was after the opposition raised it. It was a shameful situation. When it came to The bill regulates fees through the Essential Services this legislation the government had to be forced to Commission (ESC) every four years, and we heard the consult with the peak group that represents member for Rodney give the complex formula. 150 tow-truck operators. That is quite shameful and an Importantly, the bill provides for annual indexation indictment of the sorts of practices we see from the from 1 July 2011 of all regulated fees — that is, towing, government all too often. Whether it is consultation, storage and basic salvage fees — in metropolitan FOI requests or even answers in this place to simple Melbourne. Whilst there is a complex formula for that, questions about the integrity of government, we see a the reality is that the formula will result in a rise of lack of effort and a lack of willingness to engage in perhaps a little more than the consumer price index for conversation and debate. Having said that, I commend each year, which in the March quarter currently sits at
ACCIDENT TOWING SERVICES AMENDMENT BILL 2011
2296 ASSEMBLY Tuesday, 28 June 2011 the bill to the house. It has drawn on the previous Other amendments include the power to prescribe the regulatory reform by the Labor government and way in which salvage operations should be undertaken continues a system of reform in the tow-truck industry. and an authorisation for the storage of towed vehicles in holding yards other than those specified in the authority Mr WATT (Burwood) — It gives me pleasure to to tow, provided that those yards are approved by speak on the Accident Towing Services Amendment VicRoads for that purpose. Bill 2011. It is interesting that the previous speaker said he would not speak much on the bill. I agree that he did There is a requirement for tow-truck operators to take not — he spoke on quite a lot of things other than the all reasonable steps to prevent loss or damage to a bill — but I will get to the bill. As has been said by vehicle stored by that operator. I think everybody other speakers, the bill will amend the Accident Towing would agree that if you are going to tow somebody’s Services Act 2007 to implement certain car, you should actually be looking after it, even if it is recommendations made by the Essential Services already damaged. We do not want to be creating more Commission (ESC) in its review of accident towing and damage to vehicles. It is already a traumatic time for storage fees completed in June last year. The bill will people when they have had an accident. The bill will also make other changes to the act to improve its also make additional amendments to the act to enhance operation. its operation, including simplifying language and reducing the maximum penalty for driving a tow truck The act regulates accident towing in Victoria by or accompanying the driver of a tow truck where the providing that accident towing businesses and drivers person has failed to renew their accreditation. must be licensed by VicRoads. The act also regulates the price of some accident towing services in the Getting back to the review that the Essential Services controlled area of Melbourne. The purpose of these Commission is required to undertake, the commission regulations is to ensure that motorists do not pay may conduct the review in any manner that it deems excessive amounts to have their vehicles towed. We all appropriate, it may inform itself on any matter it sees fit know that after having an accident motorists have a and it may hold hearings, receive submissions or limited ability to negotiate towing services. It is quite a consult with any person it deems appropriate. When traumatic time when you have an accident. The last you have an accident, you do not have the ability to time I had an unfortunate accident it was quite a negotiate with a tow-truck driver as they arrive to traumatic experience. It is traumatic not just for collect your vehicle, and this particular bill will ensure yourself but also for passengers in the car, especially if that people are not charged excessive fees for that you have young kids. It is quite a traumatic time, and it service. I commend the bill to the house. is very difficult to negotiate with tow-truck drivers when they arrive. Ms CAMPBELL (Pascoe Vale) — In rising to speak on the Accident Towing Services Amendment The most significant amendment the bill will make to Bill 2011, I note the contribution made by the shadow the act is the creation of a power for the Minister for Minister for Roads, the member for Bendigo East, and Roads to determine the charges applicable for basic highlight that the opposition will not be opposing the salvage operations performed by tow-truck drivers. legislation. The purposes of the bill have been outlined Other amendments include a requirement that charges by previous speakers. The purposes of the legislation as not determined by the minister be reasonable. There is outlined in the bill are absolutely clear. Just to recap, also a requirement for the ESC to review charges ever so briefly, the bill provides for offences relating to determined by the minister no later than 30 June 2014 the operation of tow trucks and the provision of and subsequently every four years. There is a provision services relating to the towing, storage and salvage of for annual adjustment relative to the consumer price accident-damaged motor vehicles; it clarifies provisions index (CPI) to charges determined by the minister. As relating to the suspension of tow-truck driver the member for Rodney said, it is a fairly accreditations; it regulates the charges; it ensures that uncomplicated formula — A times B over C minus D. I those charges are reasonable; importantly, it enables the will not go into all that. If anybody wants to know, they Essential Services Commission (ESC) to review can check what the member for Rodney said. I will not charges determined for towing and related services; it go into the detail of that, suffice it to say it is relative to enables charges determined for towing and related CPI, taking out an adjustment for productivity. The services to be adjusted by the consumer price index; provision for the adjustment relative to CPI will be and it makes consequential and related amendments to determined by the minister on 1 July every year. the Essential Services Commission Act 2001 and the Transport (Compliance and Miscellaneous) Act 1983.
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It is in relation to the Essential Services Commission I want to finish by endorsing comments made by the that I would particularly like to address my comments shadow Minister for Roads, the member for Bendigo tonight. I refer the house to the recommendations and East, and the member for Eltham about the need for the findings in the ESC’s final report of June 2010 entitled government to finally provide a fulsome response to the Review of Accident Towing and Storage Fees, which as Essential Services Commission report of June 2010 yet has not had a comprehensive reply from the current entitled Review of Accident Towing and Storage government. People who are familiar with business — Fees — Final Report, so that the industry has some and there are many in this house — would be only too certainty, so that tow-truck drivers know in more detail well aware that good management is designed to ensure what their future should entail, and so that those who that an industry is efficient and operates effectively. are unfortunately involved in accidents also have When there is clarity, certainty and a long-term vision greater certainty. the industry can have confidence in its productivity and financial viability going forward and it is able to plan Before closing I want to compliment the Insurance for the future. It is also plain good manners when it Council of Australia on its comprehensive work in the comes to the government providing the Essential towing industry and its work with the previous Services Commission with an analysis of the government. The insurance council is now led by Rob recommendations and commentary on what it intends Whelan, who when he worked for one of the insurance to do with those recommendations. That has been sadly companies was absolutely invaluable in making sure absent. that the industry operated more efficiently and that those involved in accidents were adequately cared for at I contrast that with the fabulous ministers in the former such traumatic times. Brumby Labor government. Acting Speaker, I am sure you would be delighted to know that the previous Finally, I want to place on the record my appreciation minister, who instigated the Essential Services for the work of call centre staff in so many of the Commission report, had the opportunity to meet on a insurance companies, who provide those who are often number of occasions with the towing industry, the at the scene of an accident with very calm, thoughtful insurance industry and the Insurance Council of and thorough advice in relation to their insurance Australia and had the benefit of their knowledge. We policies. I had the opportunity to spend a day in one of learnt tonight from the shadow minister that the the call centres, and it was very heartening that Victorian Automobile Chamber of Commerce first had everybody answered the phone with the name of the the opportunity of discussing this particular piece of particular company and asked, ‘Are you all right?’ This legislation, the Accident Towing Services Amendment was in contrast to my childhood days listening to that Bill 2011, when she sat down with them. It was only two-way radio, because the last thing any tow-truck after the shadow minister spoke with the VACC that driver asked in those days was, ‘Are you all right?’. It the government bothered to give them the courtesy of was close to punch-up, if not literally punch-ups, the opportunity to speak on the legislation. The Brumby around the injured parties. Let us hope that we continue and Cain Labor governments were instrumental in the to improve the towing industry, that there is more work for the tow-truck industry. certainty and that the current government picks up at a faster rate the great work that was begun under Labor The member for Yuroke talked about her husband and governments. the tow-truck industry and how he managed to have his pocket money well and truly supplemented by being Mrs VICTORIA (Bayswater) — It is a great close to the phone at the intersection close to his home. pleasure to rise to speak on the Accident Towing I can only endorse those comments, because years ago Services Amendment Bill 2011. I think what is being my family ran a motor school from our home and we proposed in the house is very logical — and I am so had the towing industry on the two-way radio system. pleased that both sides agree this bill should go through The two-way radio system and the towing operator who unhindered. A little later I also will recount some of my shared that channel gave the children in our family a childhood memories, but the idea is that the Accident very interesting education in the towing industry. Towing Services Act 2007 needed to be amended. In 2010 the Essential Services Commission undertook a It is good to see as a result of positive legislation by the review called the Review of Accident Towing and Cain government, positive legislation under the Storage Fees. A number of findings within that report, Brumby and Bracks regimes and further enhancements which resulted from the review, are being brought in by the current Minister for Roads that towing services here by the Baillieu government. are being further regulated and being given appropriate fees for the work involved.
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We need to define some of the services being offered, say that she had been near a phone booth — a red because this bill deals with two particularly different phone in those days — and had put in her 20 cents and aspects of towing — that is, towing and salvage. The managed to call a tow truck to the scene of an accident towing services generally include things like accident — and they were the ones who got there first. cleaning up debris and salvage of the vehicle but also So she was handed a really nice little — — the towing and short-term storage of the vehicle. The idea behind this is that it all must be done in a safe and Mr Burgess — Twenty pounds. timely manner. In some regions this is being done by rogues — for want of a better word — who will take Mrs VICTORIA — It wasn’t £20; I’m not that old. advantage of people who are in a situation where they It was certainly $20. But what a great way to make are obviously very stressed and who, in some cases, are money. The only problem was that those who were first obviously going to lose their car, which is perhaps their on the scene were the ones who could hand out the $20, only way of getting to work or getting the kids to knowing full well that they could charge whatever they school and that sort of thing. Such people are wanted to charge. Many operators were quite vulnerable, and they basically just want the car towed to unscrupulous. The industry certainly needed regulation, a garage or towed to somewhere safe in order for it to and I think the changes made over the years have been get repaired as quickly as possible and get them back good — and what we are doing today is making them on the road. even better.
For some time now a minister has been able to set Returning to the review, I point out that the Essential parameters for those charges, and what we are doing in Services Commission report recommended mandatory this bill is saying that we will give some certainty to the annual indexation, but it also required the commission tow-truck drivers who have been doing the right thing. to have a look at least every four years at whether a gap For example, it was up to a ministerial council to be had accrued. Even with indexation, the commission had able to say when adjustments could be made to those to make sure that there was not some great anomaly or fees, and there was great uncertainty among those gap in the cost of providing the service and what was tow-truck drivers. And of course the cost of providing a able to be charged, and so a little bit reasonable to the service has increased incrementally each year, but this service providers. was not necessarily being reflected in the amount they There is a centralised allocation scheme which allocates could then gain as compensation for towing a vehicle. accident towing work on a roster basis. The system is The ministerial determinations where there, but they there obviously to stop the unscrupulous behaviour that were not necessarily keeping pace with rising costs. had happened in the past but also to ensure there is a The problem with that situation was that the timely arrival of a tow truck to an accident scene, mechanisms for looking at these determinations were requiring it to be there within 30 minutes. not automated. It happened basically whenever anyone thought of it, or when the minister said, ‘Okay, we I looked at the VicRoads website and at the towing haven’t done that for a while’, so it was open to allocation boundary. There is that which is regulated interpretation. As I say, the industry bore a lot of those and that which is outside, and the outside operators costs, and that was certainly unfair in an industry have been asked to provide the services in a reasonable which — I will not say operators are not making a good and rational way — again, not to rip people off. When I amount of money — is certainly not as competitive as it looked at the towing allocation boundary I saw that it has been in the past. was actually quite large. It covers the whole of metropolitan Melbourne. It goes right out to the west, I know some members have spoken about remembering almost as far as Avalon Airport, and out past Melton. It the bad old days, and I certainly remember a girl goes up towards Whittlesea, comes across Diamond coming into school some 30-plus years ago and holding Creek to the east and out past Gembrook. It goes down up a shiny new $20 note. Of course none of us got almost as far as Langwarrin and around to Cranbourne anything like that amount of pocket money in those and covers the whole of the Mornington Peninsula. So days. in many of the most highly populated parts of the state Mr Burgess — It was 1966. the services are controlled, and that is a good thing. The mechanism in the bill which requires that those who are Mrs VICTORIA — It was a matter of getting, you outside that controlled area need to be reasonable in know, $2 or $5 a week in pocket money, yet here she their fees and that those fees can be reviewed if they are had this $20 that she was very proud of. We said, ripping people off is a sensible provision for the ‘Where did you get the $20?’. She was very excited to consumer.
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There is a maximum fee that can be charged for towing, been addressed by the government, and one of them salvage and storage. If we look at some of the other relates directly to my electorate of Geelong. I will talk jurisdictions we see that New South Wales has the about that recommendation. maximum fee, but that it is the only jurisdiction to have that maximum fee. It is interesting that the need was felt Recommendation 8 of the Essential Services to bring that in there. The regulation says that a fee Commission report has not been addressed by the cannot be charged for the salvage of a light motor legislation. It relates to the regulation of accident vehicle involved in an accident that is still at the scene towing and storage in the greater Geelong area. In of the accident if the salvage is from a road or recommendation 8 the Essential Services Commission road-related area. It also states that the cleaning of glass said that the Victorian government should review the or debris from the accident scene cannot be charged for nature and form of regulation to apply to accident separately. That is ultimately incredibly important, towing storage fees throughout Victoria, including because if a car is banged up badly enough that it needs whether there is a need to regulate towing and storage to be towed, it is guaranteed that there will be some fees in Geelong. clean-up of the road as well, so it needs to be part and parcel. The Geelong region is the only region in Victoria where a self-management scheme operates. As I understand it, If we look at what is being done in the Northern and as the name suggests, under the scheme the Territory we see that the industry is regulated by the allocation of tow trucks to an accident is self-managed Consumer Affairs and Fair Trading Act 2011, and that by the industry in the Geelong area. But unlike in the there is a tow-truck operators code of practice. There controlled area that operates in Melbourne, the fees that are recommended fees for towing services at apply in Geelong are unregulated. In addressing this police-controlled accident sites. The possibility is there issue the Essential Services Commission noted that the for that to happen, but it has not been enacted because it allocation system was useful in Geelong, as the area has is felt that the industry up there is competitive enough a high level of traffic flow and a significant number of to keep everybody honest, if you like. tow-truck operators. But the parliamentary library research brief summarises the Essential Services In Queensland the Tow Truck Act 1973 looks after the Commission report as making the important point: management of and standards for the towing industry. It also has a regulated area, which includes Brisbane, However, as fees are unregulated and consumers are not able to choose their preferred provider, there is a lack of Cairns and Rockhampton, and there are maximum competition and consumer choice. charges for standard towing services in those areas. This observation is of great concern to me as the local In South Australia it is pretty good. It is believed that its member in that region. In noting the situation, the reviews should happen quite frequently, and they are Essential Services Commission went on to recommend mandated for every five years. People are looking for that a further review should be undertaken into whether consistency there. areas like Geelong should have price regulation. Obviously that is an important issue for areas like We are introducing some good safeguards for Geelong. As I said, this legislation obviously does not consumers but also, importantly, for tow-truck address this issue, except to say that it is unlawful to operators to ensure that their costs are being met and charge a price that is ‘unreasonable’, which is a pretty that they can be profitable businesses but without being broad type of statement. unscrupulous. What we are doing is fair on everybody. I certainly wish the bill a speedy passage through both Because the government has to date failed to make its houses. position clear on recommendation 8 in areas like Geelong, the industry itself is left in uncertainty, as are Mr TREZISE (Geelong) — I am also pleased to no doubt the consumers who require towing. The speak tonight in this debate on the Accident Towing government should ensure that recommendations such Services Amendment Bill 2011, and in doing so I note as recommendation 8, which I have referred to, are that the opposition is not opposing the bill. In fairness addressed with some degree of urgency. I call on the to other people who may want to speak, I will talk for a Minister for Roads to look at the situation of regulating short time and cut to the chase. As other members have fees as it relates to Geelong. With those few words, the noted, most of the recommendations of the Essential opposition does not oppose this bill. Services Commission have been picked up by the government and put into this legislation. However, Mr THOMPSON (Sandringham) — In there are a couple of recommendations that have not commenting on the Accident Towing Services
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Amendment Bill 2011, I can do so in a number of stacking and storage that has better utilised the space contexts. The first is in the context of road safety. In the available. A moderated level of wisdom and reason has last 40 years in Victoria we have seen a remarkable been incorporated into the storage of vehicles, and decline in the number of people killed on Victorian charges have to be reasonable. roads — from a high in the early 1970s era, approaching 1078 a year or thereabouts, to the toll last The next offence I want to focus on is one on page 20 year, when the number of people killed on Victorian of the bill — that is, new section 212J under division 4, roads was the lowest on record. Furthermore, there has which is inserted by clause 18 of the bill and states: also been a diminution in the number of accidents on 212J Offence to pay for obtaining work in respect of accident Victorian roads, which has led to a declining market. damaged motor vehicle Forty years ago the towing industry would have been largely unregulated. In the days of 6 o’clock closing, on A person must not, so as to obtain any work in respect a wet night there could be a multicar pile-up, and the of an accident damaged motor vehicle, offer to pay any consideration, other than any charges for the towing or race would be on for tow-truck drivers to travel from storage of the motor vehicle charged in accordance many different directions to try to secure the work. It with this Act. was a very robust arena. Again there is this notion of precluding a subindustry Australia’s most famous tow-truck driver in the last from being established whereby there would be other several decades would probably be Darryl Kerrigan of charges and people endeavouring to profit from an area the movie The Castle. He was the man who had the that does not relate to the immediate task required to be philosophy that successful fishing was 10 per cent undertaken. In this new section it is clearly noted that it brains, 95 per cent muscle, and the rest was just good will be an offence to pay for obtaining work by other luck. That may have been how the industry operated a parties in respect of accident-damaged motor vehicles. little bit as well. That is a pretty accurate quote. An element of that philosophy applied to truck operations The final offence I wish to comment on is the one as well — there was a lot of muscle as people outlined under new section 212K under division 4, endeavoured to work their way through the accident which is inserted by clause 18 of the bill, under the scene and gain consents and authorities to drive heading ‘Offence to pay for handing over work in vehicles away to be stored. Sometimes the yards might respect of accident damaged motor vehicle’. It goes on have been a long way away, so both the salvage costs to state expressly that: and the storage costs were high. A person must not, so as to hand over any work to another in respect of an accident damaged motor Members have commented on a range of provisions in vehicle, receive any consideration, other than any the bill before us today, but the ones I wish to focus on charges for the towing or storage of the motor vehicle initially are the offences provisions. New section 212I charged in accordance with this Act. under division 4, which is inserted by clause 18 of the bill, stipulates that it is an offence to charge an There is an attempt to regulate activities that have unreasonable sum or a sum different to the charge caused some angst, pain and hardship in the community determined under section 211. I am referring to page 19 in days gone by. of the bill. This section goes on further to note that: Overall, with the improvements in road safety laws in (1) A person must not charge an amount for the provision of Victoria — drink-driving laws, seatbelt laws and an accident towing service, for the storage of an accident random drug test laws — along with improvements in damaged motor vehicle or for the provision of salvage vehicle safety and road design and the use of air bags, services unless — there has been not only a decrease in the number of (a) if a determination for the service has been made people killed on Victorian roads but also a decrease in under section 211 … the number of people who have been injured. In addition, there has been a reduction in the volume of (b) if no determination for the service has been made repair work being undertaken, despite an increase in the under section 211, the charge is a reasonable charge for the provision of that service. number of vehicles on Victorian roads with the increase in population. People could often find themselves incurring an expensive cost for the storage of a vehicle that is The bill before the house is a good one. It will further disproportionate to the real cost to the person storing it. regulate and strengthen the operation of the industry. There has been a development in motor vehicle Noting that paragon of tow-truck drivers, Darryl wrecker yards in more recent years with multilevel Kerrigan, there is the element of fairness. The writers of
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Tuesday, 28 June 2011 ASSEMBLY 2301 the film The Castle had a view that Australian life had was to ensure not only fairness in the allocation of jobs been portrayed in a negative way, and they did not want but also that cars could be picked up within 30 minutes. there to be this bleak view of Australians. The I think that provided a fair and level playing field for all livelihood of the lead character in the film was that of a tow-truck operations. I looked at some of the Essential tow-truck driver as he provided for his family. His wife, Services Commission’s recommendations, one of Sal, was a great cook. There was a fairness that which was the proposition that salvage operations be pervaded the street just by the airport where he lived, properly charged — in other words, tow-truck operators and I trust that this legislation will bring about a similar would not be able to get there and say, ‘We did this level of fairness for the tow-truck industry in Victoria. much work, and we are going to charge $500 for pulling the car out of a ditch’. I understand that The ACTING SPEAKER (Dr Sykes) — Order! photographs are required to be taken so that insurance The member for Narre Warren North, who was slow companies and individuals involved in an accident are out of the box. not ripped off, which is definitely a move forward.
Mr DONNELLAN (Narre Warren North) — Yes, I have a concern about the regulation of the industry. If slow out of the box but always here and always you are going to regulate an industry, you need to make desirous of speaking. It is an honour today to speak on sure you do not diminish competition. Further, you the Accident Towing Services Amendment Bill 2011. need to make sure you provide a level playing field. In relation to this, there is the issue of boundaries and the The ACTING SPEAKER (Dr Sykes) — Order! It transfer of licences from regional areas to the city, had better be worth waiting for. which is probably an omission from the bill. Hopefully Mr DONNELLAN — We will just have to wait it will be dealt with at a later date if such behaviour and see, won’t we? results from the government not having covered the issue. People would be able to buy a tow-truck licence The key provisions in this bill relate to the cost of in a regional area quite cheaply relative to one in the accident towing and related services. The bill extends city — because as there are more cars in the city there the minister’s power to determine basic salvage fees. It are more accidents and probably a more profitable will not deal with complex salvage fees; they are a little tow-truck operation. It would be concerning if more difficult. The bill provides for annual indexation, tow-truck operators were able to buy licences cheaply from 1 July 2011, of all regulated fees — that is, in the regions and transfer them to start operations in accident towing, storage and basic salvage fees — in Melbourne. If that happened, the bill definitely would metropolitan Melbourne. It also requires the Essential not provide all people with a level playing field. Services Commission (ESC) to review the regulated fees every four years and requires non-regulated fees — I note the stories of other members that in the past that is, those outside metropolitan Melbourne — and people in the tow-truck industry were very aggressive complex salvage fees to be reasonable. in the way they pursued jobs. I do not think it is an urban myth. Because the competition was so intense The bill is the result of the ESC’s inquiry into the when I was a young man, which was a long time ago, industry. I note that at this stage the government has not probably 35 years ago, if you spotted an accident and made a formal response to the commission’s report. We rang a tow-truck business, they could afford to pay the would hope it would in the future, but at this stage I spotter 50 bucks. You would hope that that level of guess we will have to take the bill as its formal aggressiveness was not brought back into the industry. response. I note that as well as this lack of a formal My suspicion is that if people were able to purchase a response, the government also omitted to talk to the licence in a regional area and start operations in the VACC (Victorian Automobile Chamber of city, that would be the result and the industry would Commerce). It has now talked to that body, but I would potentially go back to the bad old days. That issue have thought that the industry body would be the first needs to be dealt with. If regulations are to be the government thought of, having dealt with it for introduced, they have to be consistent across the board. many years in relation to smash repairers and the like. I The government cannot diminish competition but must understand the VACC represents about 150 tow-truck ensure that everybody has an equal chance. Under this operators, and I would have thought that when the bill bill people may not have an equal chance. I encourage was being put together that would have been one of the the government to address that issue to ensure that at a bodies the government would have talked to. later date the issue is addressed. With that short contribution, I commend the bill to the house. Going back some time, in 1983 the accident allocation scheme was introduced for the tow-truck industry. This
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Ms McLEISH (Seymour) — I rise to speak in I want to talk also about the complexity of the industry support of the Accident Towing Services Amendment and the basic salvage operations. The fee for services Bill 2011, and I am pleased to be able to make a within a controlled area will be prescribed, and it is contribution to the debate. As members have heard expected that the charges outside those areas will be already, this bill amends the Accident Towing Services reasonable. These are not just for the towing services Act 2007. In particular it implements some of the but also for salvage services which are necessary in recommendations put forward by the Essential Services more complex incidents. The more complex salvage Commission in its two-volume report entitled Review of operations involve heavy and more difficult salvage Accident Towing and Storage Fees that was released in activities. More specialised equipment, including cranes the middle of last year. At the time it appeared that no and heavy tow trucks, might be needed. One can action was taken. imagine a situation where accidents are not cleared quickly and easily, and those operations would be more It is important to stop and recognise that towing costly than a basic salvage operation. It is important services need to be provided in a safe and timely that these operations are looked at in terms of the type manner. These services are a little bit more than just of work that tow-truck drivers are doing both within putting a car on the back of a tow truck. There is the and outside controlled areas so that the two line up. cleaning up of debris and salvage operations — and There is also annual indexation. sometimes those operations can be quite complex — as well as the actual towing and storage of the vehicles. A Finally, I want to mention some further protections for number of players are involved, including the tow-truck consumers in this area. The government is concerned driver and the person requiring the service. We need to about protecting insurers. A number of members have be aware that a person who has had an accident is in a spoken about the minister having the express power to very stressful situation and needs to be provided with a make regulations about the way salvage activities are service that will meet their needs and clear away their conducted. Also, towing operators are required to take car and any debris as quickly as possible. We also need at least two photographs and include them with an to remember that tow-truck drivers are operating in an invoice, which provides clarity around the complexity industry and need to make a living as well. This is very of an accident as well as the type of work that can be much about making sure that we are providing a fair expected to be undertaken by a tow-truck driver. That deal, that we are looking after consumers and at the should improve the transparency and consistency same time making sure that tow-truck drivers are involved with invoice practices. It will assist a person reasonably paid. who may have been in a distressed state at the time of an accident and who had then been required to call on a I refer to the comments made by the member for tow-truck driver without taking a lot of notice of what Eltham, who made quite a song and dance about wages happened because they were under stress. That is one paid to people under different awards. Perhaps he was avenue which will help to protect consumers. condemning the current government, but he failed to mention that since 2003 there have not been increases The other aspect is that tow-truck operators will now in some of the charges associated with this industry. have to take care with a person’s material possessions That has meant a significant fall in the charges in real that remain in a vehicle at the time of storage to make terms. The opposition may have thought they represent sure they are looked after and not taken, lost or tow-truck drivers, but they definitely let that group damaged in any way. down during the previous eight years. The SPEAKER — Order! The time appointed by The act regulates charges through ministerial sessional orders for me to interrupt business has now determinations, which is the basis of what I was just arrived. The member may continue her speech when referring to. Previously when ministers were required to the matter is next before the Chair. make determinations, they were done on such an ad hoc, infrequent basis that the industry was going Business interrupted pursuant to sessional orders. backwards. The Essential Services Commission recommended that the charges be reviewed every four years to realign these charges with the underlying costs of service provision. The Baillieu government has committed to an annual indexation of the charges, which is a good thing and will ensure that these guys will not be forgotten.
ADJOURNMENT
Tuesday, 28 June 2011 ASSEMBLY 2303
ADJOURNMENT This is an important project for Sunbury. The minister has previously given guarantees to the Public Transport The SPEAKER — Order! The question is: Users Association that a number of stations — in fact about 20 — will be upgraded, but we know when the That the house now adjourns. last budget was released there were no provisions for Rail: Sydenham line these upgrades or for the staffing that would follow. We know the $55 million that the previous government had Ms DUNCAN (Macedon) — The matter I wish to allocated is no longer to be seen. This money will be raise is for the attention of the Minister for Public used to support the government’s protective services Transport, and I am very pleased that the minister is in officers initiative, which we know is already over the chamber to hear it. The action I seek is for him to budget. I ask that the minister ensure that Sunbury does give an absolutely ironclad guarantee as a matter of not suffer the same fate as the other 20 stations and that urgency that when the Sydenham line is electrified and he guarantee this upgrade — — the station at Sunbury is upgraded to a premium station — and the other assurance I seek from the The SPEAKER — Order! The member’s time has minister is that the guarantee extend to the upgrade of expired! the station — it will also be staffed from the first to the last train. Planning: sale of green wedge produce
The electrification of the Sydenham line to Sunbury Mrs FYFFE (Evelyn) — My request for action is was originally proposed in 1969, but it did not proceed directed to the Minister for Planning. I ask the minister until the previous Labor government was in office and to review the planning schemes in the green wedge the results of the Eddington report on the east-west link zone to allow for value-added product. I wrote to the were released in 2008. That report determined that the minister on this topic recently. Victorian government needed to make crucial funding Under current legislation farmers and growers are investment decisions that would extend well into the permitted to sell their produce from the farm gate. In future. At that time the Labor government took the the Yarra Valley we have apples, cherries and initiative to do just that, as it understood that you need strawberries — to name just a few products — sold to invest in infrastructure if you want to improve the from where they are grown. Unfortunately with the capacity of our trains. The Eddington report contained a standards set by the supermarkets, large quantities of recommendation that the Victorian government should very good fruit that may have only a slight blemish are continue to make better use of the existing network to rejected. Farmers and growers are not allowed to increase capacity, including commencing work on the value-add to these — that is, turn them into jams, electrification of the network to Sunbury to boost sauces or pies and so on — and sell them from the farm services on the Sydenham line. gate.
While record patronage growth has been experienced The ban is appropriate in stopping industrial-scale across the metropolitan rail network, it has been operations from occurring in green wedge zones, yet it particularly strong on the Sydenham line. Electrifying also bans very small set-ups, which would add to the the line to Sunbury will allow provision for more tourist attractions in the area. This rejection of fruit by peak-hour metropolitan services for a growing local the supermarkets means a huge loss of profit for our community; it will carry an additional 3000 people. As hardworking growers. Growing the produce involves a part of the electrification project both Diggers Rest and lot of hard work and a lot of money spent on picking. If Sunbury stations and car parks are to be upgraded. produce is rejected for not being red enough or for Diggers Rest station will be refurbished and will having a spot, it has to be dumped, unless farmers and comply with the provisions of the Commonwealth growers are lucky enough to be able to participate in a Disability Discrimination Act 1992. It will include a farmers market. Unfortunately the opportunities are new park-and-ride facility which will provide an limited and it takes a lot of time to do that. If growers additional 550 car parking spaces. This will also benefit were allowed to sell value-added produce, farms and people in Sunbury, who see an increase in the number orchards would become much more profitable of car parking spaces at their station. The upgrade to businesses. The current practice is not only a terrible Sunbury station will include the refurbishment of the waste of food but also a severe economic inefficiency existing waiting rooms, the installation of security in producing food only to throw it away. cameras, improved station and platform lighting and, importantly, an increase in the number of station staff.
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The current legislation could also be said to be times in the past. Soon after the floods, Troy Rasiah of contradictory in that wineries can turn their grapes into Narre Warren contacted me to say it was the fourth wine and sell that value-added product at their gate. time in five months that Golf Links Road had been They can also purchase grapes from an adjacent flooded and left inaccessible. I received several other vineyard or a vineyard in the region, or even a vineyard concerns about that particular area, including from outside their region, turn them into wine and sell that residents who contacted me well before the summer from their property. Other growers are not allowed to floods. do that — for instance, you cannot juice your apple seconds and sell the juice from your property. The Golf Links Road and Narre Warren-Cranbourne Road potential benefits of allowing farmers to sell juices, in Narre Warren are in one of 11 problem areas that jams, pies and cakes from their farm gates would be Casey council has referred to Melbourne Water. The vast. In past years wine has turned the Yarra Valley into others are Rachel Drive, Cranbourne North; Shrives the premier tourist destination in Victoria. If we could Road and Centre Road, Narre Warren; Waverley Park find a way to allow the cherries, apples, pears, Drive and Huon Park Road, Cranbourne North; Valley strawberries and other produce to be value-added, just Fair Drive, Narre Warren; River Gum Creek Reserve, like grapes, the tourism industry in the valley and Hampton Park; Mary Street, Hampton Park; Paterson elsewhere in Victoria could undergo another boom, Drive, Lynbrook; Tinks Road and Josephine Avenue, creating wealth and jobs for the community. This Narre Warren; Homestead Road and Centre Road, applies not only to the Yarra Valley but also to other Berwick; and Rimfire Drive, Hallam. The council has areas where we have excellent growers of produce who requested that Melbourne Water provide plans to find it difficult to survive particularly in the markets improve drainage to prevent flooding at these locations. that are controlled by the major supermarkets. The community does not accept that this flooding was a Floods: city of Casey 1-in-100-year event, as certain areas in Casey flood regularly. I understand that Melbourne Water’s Ms GRALEY (Narre Warren South) — My investigation will conclude sometime in July. The adjournment matter is for the attention of the Minister residents of Casey expect the problems to be fixed. for Water, and it concerns the capacity of drains in the Given the anguish that so many of them have city of Casey to cope with heavy rainfall, like the experienced, I strongly believe they deserve a quick and rainfall we saw in the summer floods at the start of this comprehensive response. I ask that the Minister for year. The action I seek is that the minister ensure that Water ensure that all problem areas identified by Casey all problem areas identified by Casey City Council and council and in Melbourne Water’s investigation be in Melbourne Water’s investigation be addressed. addressed.
The city of Casey, but in particular the area covered by The SPEAKER — Order! The member’s time has my electorate, is still recovering following the summer expired. floods. At the time, roads and schools were closed and people left their homes. The effects of the floods are Agriculture: Morwell electorate still being felt, with homes in some areas still empty. People are still displaced, and some are still trying to Mr NORTHE (Morwell) — I seek an action from deal with insurance companies that are sometimes the Minister for Agriculture and Food Security. It is for unwilling to give flood victims a fair go. the minister to visit the Morwell electorate to discuss state government initiatives that will assist the Michele Halsall, a really good, solid worker in my area, agriculture sector in our region. has been assisting local residents since the floods hit, and she is now in the process of starting a support One might perceive that agriculture is not a major group for people still recovering. I say well done to player in the Morwell electorate, but it is. One may Michele. She reports that flood victims have sometimes have that perception when comparing it with the energy found the applications for financial assistance confusing and manufacturing industries in my electorate; and difficult to fill out, so there is obviously room for however, agriculture is certainly a major player as well. improvement on the part of government and the For evidence of that, one need only look at certain departments in this area. communities in the electorate such as Cowwarr in the Heyfield district, which has a very strong dairy sector, The level of flooding we saw in Casey was and Toongabbie, where there are a number of sheep unprecedented. However, residents of certain areas farms. Members of the Anton family, for example, are were telling me that their streets had flooded several prominent farmers in that region. In the Hazelwood
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Tuesday, 28 June 2011 ASSEMBLY 2305 district and in Traralgon South, the Black family is very doors to visitors, while the You Yangs, for some well known in the sheep industry. Communities such as reason, have been missing out. The closure has had a Callignee, Yinnar, Boolarra and Flynn are prominent in huge effect on many of my residents as well as visitors the dairy sector. to the area.
As we know, agriculture is an important asset in these Mountain bike riding is very popular in the You Yangs, rural communities. In fact if you took agriculture away and I have spoken to many avid cyclists who are very from these smaller communities, they would struggle. disappointed at the long delays and postponed events. Agriculture is a very strong sector in our community. If This is costing potentially thousands of dollars for the you look at the figures for the agriculture, forestry and townships of Lara and Little River which very much fishing sector in Latrobe city, you see that the output in depend on tourist dollars. The area has been called a the last financial year was somewhere in the vicinity of mecca for mountain bike riding, and many thousands of $177 million. It represents in excess of 600 jobs in the people visit the park. It is getting rave reviews all over agricultural sector in our state. If one looks at the land the internet. People are saying how wonderful that park in Latrobe city, one sees that approximately 30 per cent is for mountain bike riding. But it is not just the bike of it is used for agricultural purposes, and that gives riders; it is walkers, horseriders and rock climbers who some indication of the importance of the sector. also have had to go elsewhere because these frequent users have been unable to access the park, and the Whilst the state government and the minister have townships that are close by are losing valuable tourist introduced some significant initiatives that have been dollars. embraced by the farming communities, it must be said that there are many challenges, whether they be smart The government needs to act quickly to do what is meters, a carbon tax, conflict between coal reserves and needed to reopen the vitally important tourist attraction agricultural reserves, or land valuations. I know our which is the You Yangs. The Premier promised it community is strongly supportive of the notion of would be open by Easter, and unfortunately for the supporting young farmers to get into the industry and electorate of Lara, that was yet again a promise broken also of the farm debt mediation scheme, which was by this lazy Baillieu government. Again I ask the announced today and will certainly provide some Minister for Environment and Climate Change to encouragement to our farmers. I call on the minister to honour the commitment made by his Premier and take visit our region as a matter of urgency. whatever measures are necessary to reopen to the public the You Yangs Regional Park in my electorate You Yangs Regional Park: closure of Lara. Mr EREN (Lara) — I wish to raise an urgent matter Berwick: commemorative statue for the attention of the Minister for Environment and Climate Change. The action I seek from the minister is Mr BATTIN (Gembrook) — I call on the Minister that he immediately take whatever measures are for Multicultural Affairs and Citizenship to visit my necessary to reopen to the public the You Yangs electorate and provide funding for a statue in our main Regional Park in my electorate of Lara. street. I support the application to the Victorian Multicultural Commission by the Australian Hellenic Since February the park has been closed due to major Organisation in support of the Olympic Spirit, and I flood recovery works. Back then the Premier believe this application is an ideal candidate for the announced that funding would be provided to have the community grants program. I encourage the minister to You Yangs reopened. When announcing those funds he look favourably on the application to erect a statue of said that the works were urgent and would be Olympic great Spyridon Louis in High Street, Berwick, completed by Easter. That was almost three months as a symbol of the friendship between Australia and ago. It is well and good for the Premier to encourage all Greece. This application has been ongoing for many Victorians to ‘get behind the tourism operators this years, and I understand the City of Casey has been very Easter, and provide a much-needed economic boost to supportive of it for the many years it has been around. our flood-affected businesses’, but Easter is well and truly gone — it was many months ago in fact — and I would like to talk a bit about the two statues — the the You Yangs are still not open to the public. one of Edwin Flack that is currently in High Street and the new one we hope to see erected in the near future. At about the same time, the Grampians National Park Edwin Harold ‘Teddy’ Flack was born on 5 November and areas of Wilsons Promontory were also affected by 1873 and died on 10 January 1935. Born in London, floods but, as I understand it, they have reopened their Teddy relocated to Berwick at the age of 5. He was an
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2306 ASSEMBLY Tuesday, 28 June 2011 outstanding tennis player and athlete. Teddy was the electorate — and it is not a premium station. We first Australian Olympian and only representative from upgraded all other stations in the area during the period Australia in the 1896 Olympic Games. He competed in in office of the last government, including the Narre the 800 and 1500-metre events, winning both, which Warren and Berwick stations. I am very happy that we was a great effort after travelling from Australia and now have toilets at Berwick and Narre Warren stations, having only six days on land. He was extremely ill with following their upgrading to premium stations, and this seasickness and thought this may affect his results. will certainly help the current government with its Teddy also competed in the marathon, which I will talk protective services officer (PSO) piddle problem. I did about shortly. There is a bronze statue in High Street, not want our local police to have to run a service every Berwick, to commemorate a true sports champion from few hours to collect PSOs for a piddle. It would not be our local town. a good use of their time.
As I said, the proposed new statue would be of I know the Hallam station needs toilets, and I Olympic great, Mr Spyridon Louis, who ran the first encourage the minister to consider upgrading that Olympic marathon in the 1896 Athens Olympic station to a premium station so that the facilities will Games. He won the event against our local athlete, meet the public’s expectations and so that the PSOs, if Teddy Flack. The race had 13 Greek runners and they turn up to Hallam, will have a reasonably 4 runners from other countries. After the 32 kilometres comfortable time. I urge the minister to consider this. It the lead was taken by Teddy Flack. Teddy was not used would probably only cost a million dollars. The station to running these long distances and collapsed a few is heavily used. Many people park on the roads near the kilometres from the finish line. Mr Louis went on to Hallam station, and we do not want those people fined claim victory in the event. Mr Louis’s last public again, as they have been many times before. They need appearance was in 1936 to present an olive branch to car parking to be available, they need public toilets and Adolf Hitler as an offering of peace. I support this they need an upgraded station. I commend my application for the erection of a statue, and I call on the recommendation to the house. minister to fund it to ensure that we continue the ongoing friendship with Greece. Housing: work and learning centres Rail: Hallam station Mr NEWTON-BROWN (Prahran) — The matter I wish to raise is directed to the Minister for Housing and Mr DONNELLAN (Narre Warren North) — I raise Minister for Children and Early Childhood a matter for the Minister for Public Transport. The Development. The action I seek is that the minister action I seek is for the minister to provide an upgrade of meet with the board of representatives of the Inner the Hallam station to premium station standard, South Community Health Service to consider placing including the provision of toilets, staffing from first to one of the new work and learning centres in the Horace last train and improved car parking for residents. The Petty estate in Prahran. residents of the city of Casey want staff available from the beginning to the end of the daily train service for On 3 May this year the minister announced that the ticket sales, including concession cards and V/Line government would pilot work and learning centres on tickets, the answering of customer queries and the public housing sites as part of our commitment to help general running of the station, including bookings for young people get a job, to reduce their disadvantage bicycle locker hire. We also want a high standard of and to help make Victoria a fairer place to live. The passenger amenities such as open male, female and minister announced on 3 May that five of these work disabled toilets; closed-circuit TV cameras; bright and learning centres would be developed over four lighting; bicycle cages and lockers; and an enclosed years in partnership with the Brotherhood of waiting room at some stations. That is what the St Laurence. Each centre will operate for up to three residents of the city of Casey want and expect. years with over $4 million in funding to employ staff who will provide public housing tenants with career In recent years the previous government doubled the guidance and job search training. The idea is that parking at this station, costing some $2 million, but co-locating employment and training initiatives on more needs to be done. We also doubled the car social housing estates will facilitate successful parking at the Berwick station, and people are very outcomes. The estates in Prahran house high happy about that. I have also had requests for a bus concentrations of unemployed people and people with service from Endeavour Hills to Hallam station, which I low levels of education. Locating one of the work and have previously written to the minister about. The learning centres in Prahran will facilitate employment Hallam station is the only station servicing my
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Tuesday, 28 June 2011 ASSEMBLY 2307 and learning opportunities and help break that cycle of we would like to see is the Baillieu government’s plan disadvantage. to invest in and improve public housing stock in Heidelberg West and to respond to the needs of the Housing: Heidelberg West local community with regard to a number of vacant sites, such as those in Perth Street. Mr CARBINES (Ivanhoe) — I raise a matter for the attention of the Minister for Housing. The action I We encourage the minister to come and meet the seek is for the minister to attend a Heidelberg West hardworking committee. It has achieved great gains in Neighbourhood Renewal Steering Committee meeting the past, and I am sure it will achieve great gains in the at the committee IT hub in Heidelberg West. We meet future. We are very keen to have the minister meet monthly on Thursday afternoons from about 4.30 pm members of the committee so they can work with her until 6.30 p.m. Those meetings cover a range of issues, and with the government to continue to improve the and obviously the neighbourhood renewable steering lives and aspirations of people living in public housing committee includes residents of Heidelberg West, of in Heidelberg West. I look forward to a favourable which I am one, and representatives of a number of response from the minister in terms of reporting back to agencies such as Banyule City Council, Banyule the committee. Community Health Service and other community organisations. Walhalla and mountain rivers region: ministerial visit We have been working very hard on a range of initiatives in the Heidelberg West community, Mr BLACKWOOD (Narracan) — I raise a matter particularly concerning the renewal of housing stock for the attention of the Minister for Tourism and Major and concerns around the maintenance of and access to Events. The action I seek is that the minister visit the public housing. We have noticed that over the past Walhalla and mountain rivers region and meet with the couple of years we have been able to do work to rebuild Walhalla and Mountain Rivers Tourism Association. places like Malahang Reserve to make them appropriate for the local community to work there and The Walhalla and mountain rivers region is located on use the facilities. There has been a range of social the southern edge of the Victorian Alps. It is just over housing investment throughout Heidelberg West thanks 2 hours travel to the east of Melbourne or 30 minutes to the work of the previous Labor government, and the travel north of the Latrobe Valley. The region is home Rudd and Gillard Labor governments federally through to the towns of Erica, Rawson and Walhalla. The Building the Education Revolution. region also includes the localities of Moondarra, Coopers Creek and Aberfeldy and the ski resort at What we would like to put on the agenda for our Mount Baw Baw, which is Melbourne’s closest ski meeting with the minister is a range of issues, including resort. The region is blessed with natural beauty in Baw the recent GHD Consulting report into the condition of Baw National Park, Tyers Park and Moondarra State housing stock in Heidelberg West. That report is yet to Park, and state forest makes up nearly all of the area be released by the government — a report we would other than the towns. like to discuss with the minister and be briefed on. We would also like to have a discussion about a recent The Walhalla historic township is the jewel not only in Somali housing forum and some of the concerns that the crown of our local area but also in the crowns of were raised by the local community in relation to the Gippsland and Victoria. The mix of the township’s housing needs of the Somali community. We would beautiful location in a deep mountain valley, its like to ask the government what its plans are for gold-era heritage and the Walhalla goldfields railway investment in public housing, particularly around Perth gives Walhalla the wow factor that draws people from Street, just up the road from where I live, and a number all over the world to visit Australia’s valley of the gods. of other housing estates and vacant land in Heidelberg West. The northern region of the Office of Housing Mount Baw Baw alpine resort shares the does not have the required funds to invest in new jewel-in-the-crown status in our area with the Walhalla housing stock on these sites. There is nothing in the historic township. Combined, Walhalla and the resort budget for the office to be able to increase housing boost visitor numbers to the area, which has a stock in Heidelberg West. significant positive impact on all of the high-quality tourism attractions in the region. Mount Baw Baw We are seeing the wash-through of a number of alpine resort makes a significant contribution to the projects that have been funded by the commonwealth in regional economy. Studies show that the resort’s conjunction with the previous Labor government. What year-round operations provide a minimum of 94 jobs
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2308 ASSEMBLY Tuesday, 28 June 2011 and generate $7 million per year. Mount Baw Baw government tourism marketing and on visitation to alpine resort is acknowledged as one of the winter those regional areas. Similarly the Mount Baw Baw product leaders, and it is a significant member of alpine resort is a very important part of the Gippsland’s tourism community. Winter visitation to government’s ski tourism policy. The member made Mount Baw Baw has continued to increase over the reference to the resort’s popularity during the summer past 10 years; in fact it grew by 35 per cent between period. Something the government wishes to encourage 2009 and 2010. is that resorts are used in the off-season as well.
The summer market is also growing, particularly since I draw the member’s attention to some funding in the the opening of the South Face Road in 2007. The South recent budget for regional tourism. There is a $1 million Face Road has provided a vital link between Mount funding program directed specifically to regional Baw Baw and the Erica, Rawson and Walhalla tourism operators to improve skills and service townships. It has opened up a tourism loop that has standards. I am not saying it is necessarily needed in the boosted tourism visitation for many towns in the Baw member’s electorate, but it is a very important program Baw shire as well as Moe in the Latrobe municipality. to ensure that tourism businesses are competitive in a very tough market. A regional tourism campaign of All the members of the Walhalla and Mountain Rivers $1 million is funded in 2011–12 and 2012–13. The Tourism Association have worked extremely hard and member for Narracan has already achieved funding for taken significant risks to establish their high-quality the Old Gippstown heritage park, which is in his tourism businesses. A visit from the Minister for electorate. He has been a forceful advocate for tourism Tourism and Major Events would give them a huge and small business in his region. boost in morale and an opportunity to discuss the challenges they face and detail the successes they have As I said earlier, I would be delighted to visit the achieved. It would also provide another example of the member for Narracan’s electorate and meet with the commitment and support the Baillieu government is tourism operators there. I think it is important that determined to deliver to regional communities. members of Parliament advocate individual businesses that have invested and risked so much and have Responses provided the foundations of Victoria’s economy. I will be delighted to meet with members of the Walhalla and Ms ASHER (Minister for Tourism and Major Mountain Rivers Tourism Association. I acknowledge Events) — The member for Narracan raised a very the points that the member for Narracan has already important matter for my attention. He wishes me to made, and I look forward to that meeting and to my visit the Walhalla and mountain rivers region and meet visit as soon as it can be scheduled. with the Walhalla and Mountain Rivers Tourism Association. I have been to the member’s electorate on Mr WALSH (Minister for Agriculture and Food many occasions. He is a very strong exponent of the Security) — I will respond to the adjournment matter businesses within his electorate. He is well aware that raised for my attention by the member for Morwell. tourism contributes over $15 billion to the Victorian The member for Morwell asked me to visit his economy. The example he referred to was Mount Baw electorate and in particular to talk to farmers in that Baw’s economic contribution to his area of $7 million area. As he explained in his contribution, around 30 per per year and at least 94 jobs. cent of the land in his electorate is used for agriculture. Most people think of the Latrobe Valley as being home Over the whole of the state tourism creates to the power industry, but there is obviously a very 185 000 jobs. The member for Narracan has raised the important agricultural sector there as well. I have had importance of the sector with me on many occasions. I the pleasure in the past of going to Yinnar several times have had the pleasure of visiting his electorate on for United Dairyfarmers of Victoria dinners when Peter numerous occasions in the past. I would be delighted to Owen was president of the UDV a number of years accede to his request and meet with the Walhalla and ago, so I have been there several times. Mountain Rivers Tourism Association. Whilst I love my football club, I expect I will soon have a lot of spare An honourable member interjected. time on weekends, or if not, on weekdays! I will be delighted to make that visit. Mr WALSH — They were. It would be a pleasure to come down and visit with him again. I was there In reference to the township of Walhalla, I am aware of recently and we went to Australian Paper, which is also the significant investment in the tourism sector by small in the member for Morwell’s electorate. I had a very business people in Walhalla. They are reliant on good visit there. The industry employs around
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1100 people in his electorate and is a great contributor the city of Latrobe get a fair deal when it comes to to the primary industry sector there. council rates. It will be a pleasure to be there with the member for Morwell to meet with that group this We have had some positive discussions about the future Friday. supply of timber to Australian Paper in relation to its products, particularly Reflex paper. I must admit that I The member for Narre Warren South raised with me was bitterly disappointed recently when negotiations the capacity of drains in the Casey City Council area to that I was having with the Yarra Ranges council had to cope with future heavy rainfall events. As the member be terminated because the council decided that it did for Narre Warren South would know very well, the not want to use Reflex paper. Baillieu government is committed to increasing the use of stormwater and recycled water in the future. On Mr Wynne — Why was that? coming into government I appointed a ministerial advisory council to give me advice on how to make Mr WALSH — I do not know. Australian Paper is sure we utilise stormwater and the recycling of water produced under Australian forestry standard better in the future. The member for Narre Warren accreditation. I must admit I was very disappointed that South would also know that if you design the there was the opportunity to create additional jobs at the stormwater system well, there is the opportunity to have Yarra Ranges council but because of what it has areas that will store stormwater so private property is done — because it does not want to support the not flooded. industry it was trying to attract — we have had to call off those negotiations. Mr Wynne — Can you point to examples of that?
Australian Paper is one of the great businesses in the Mr WALSH — I can point to examples of that. member for Morwell’s electorate. It will be a pleasure There are some very good examples of that. There is to go down there. Being one of the younger people in the opportunity to design the flood system so it can act this house, the member for Morwell would well know with local storages, and those local storages can be used how important it is to attract young people into to harvest water for non-drinking purposes such as the agriculture. He was asking about what the Baillieu watering of sporting ovals and public spaces. I will talk government has done to help attract young people into with Melbourne Water about how the drains in the city agriculture. I reinforce to the house the assistance that of Casey can be investigated. the Baillieu government has given to young people entering agriculture, particularly when the Premier went Ms Graley interjected. up to Serpentine and announced a 50 per cent increase in assistance by the Rural Finance Corporation of Mr WALSH — I am getting a report in July; that Victoria for interest rate subsidies for first farm buyers. will be great. That is not in the notes that I have. It is I also highlight the announcement the Treasurer made something I take a great interest in. I think we need to about stamp duty assistance for first farm buyers and manage our waterways better. If we can reduce the the first farm buyers grant. There is money in the amount of water that goes into the streams in heavy rain budget next year for marketing co-ops — — events, we can deliver a good outcome for the streams as well. We are focused on how we can manage our Mr Wynne interjected. stormwater better.
Mr WALSH — I am answering the member for Mr KOTSIRAS (Minister for Multicultural Affairs Morwell about visiting and talking about farming. and Citizenship) — The member for Gembrook raised a matter with me regarding the possible installation of a The SPEAKER — Order! The minister should statue of Spyridon Louis in his electorate. I have also ignore interjections from the other side. been approached in support of the statue by the members for Mill Park and Dandenong North, and I Mr WALSH — The member for Morwell would be have received a letter of support from a member for well aware of the commitment the Baillieu government Northern Metropolitan Region in the Council, Jenny has made to the Victorian Young Farmers organisation Mikakos. I have been advised that Mike Tyler, CEO of to reinvigorate it and to get more community leaders the City of Casey, discussed with the former into our area. It will be a pleasure on Friday night to chairperson of the Victorian Multicultural Commission, meet with the Latrobe City Farm Ratepayers George Lekakis, on 26 July 2010 a proposal for a statue Association, a group that I have met with previously as to be installed in the median strip of High Street. the Victorian Farmers Federation president and a group Spyridon, as the member said, won the marathon in the that is very focused on making sure that the farmers in
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2310 ASSEMBLY Tuesday, 28 June 2011 first modern Olympics in 1896. The VMC also received The member rightly raised issues in relation to the a request from the Australian Hellenic Organisation in electrification project at Sunbury, and I recall very well Support of the Olympic Spirit and Ideal for a $25 000 prior to the last state election the member for Macedon grant to install a statue of Spyridon Louis next to the doing the progressive barn dance — three steps statue of Edwin Flack. forward, two steps back — in supporting V/Line but not electrification and then electrification but not I am advised that on 26 July 2010 the former chair of V/Line. She was trying to balance the various interests the VMC made an offer of $25 000 towards the project, in her electorate in terms of who she was and who she subject to the organisation raising the remainder of the was not supporting. Nevertheless, this government will funds, and I have received confirmation that the City of deliver the Sunbury electrification and the South Casey was in support of the installation of this statue. I Morang rail extension. have said before that I will honour all commitments made by the former government, provided that they Irrespective of the massive blow-out in relation to the were made in good faith. I am advised that the total cost regional rail link project, we will also deliver that of the project is $42 980. I am happy to visit the project for both metropolitan Melbourne and regional electorate and discuss the project with the local Victoria. That will have a significant impact on the member, other members and also the City of Casey, but Sydenham and Craigieburn lines. Additional services in the meantime I will seek advice from the VMC on will be provided as a result of these projects, and I trust the merits of the application and advise all members and hope that this time round there will also be a who have an interest in this of my decision. change to the train timetable as we roll out the additional services. I hope the opposition does not play Mr MULDER (Minister for Public Transport) — I politics with that — screaming, yelling, carping, respond to an issue raised by the member for Macedon whingeing and moaning about the additional services in relation to the Sunbury and Diggers Rest railway that will be provided and the changes to the timetable as stations. The member raised the issue of the status of a result. those stations and commitments by the former Labor government to upgrade those stations to premium I am prepared to have a look at those stations once status. The member would be well aware that prior to these additional projects, including the Sunbury the last state election this issue was debated extensively electrification, are up and running and to see whether or in the media. The then opposition went to the election not there are opportunities to make some improvements with a commitment to put Victoria Police protective to them. However, as I have said quite clearly, our services officers (PSOs) at each and every metropolitan commitment at this point in time is to improve safety and major regional station from 6 o’clock until the last across the metropolitan network and major regional train, seven days a week, and to provide the level of stations, particularly for people who want to travel at protection Victorians were looking for in their travel on night. Railway stations will become safe havens. the metropolitan network and also in major regional Anybody who goes to a metropolitan or major regional centres. The election was run and our policies were railway station at night will know they are in a very safe accepted by the Victorian community, and we intend to environment. go down that path and deliver those commitments. The member for Narre Warren North raised an issue The member would no doubt be aware, because I have with me in relation to the Hallam station which raised this matter in the Parliament on a number of highlighted the fact that over the last 11 years the occasions, that it is not just the travelling public but also station was neglected by the former Labor government. people who work in the rail environment, particularly The member raised issues including the upgrading of those who work at stations, who have been the subject car parking and toilet facilities at the station. I of abuse and assaults in the past. This policy is not just understand there is probably a degree of embarrassment about the travelling public but also about protecting for the member in that he stood up here within a matter people who work at stations, particularly at night. The of months of losing government and failed to recognise debate has been held, and we have been supported in that he had had many years as a local member to do our policy commitment. At this point in time there is something about it but failed to do so. Now he has not a commitment by our government to proceed with turned up in opposition and asked, ‘What about it?’. premium stations; our commitment is to provide a higher level of safety at railway stations throughout the Once again I point out to the member for Narre Warren network everywhere and anywhere you travel at night North the commitment made by the coalition prior to there will be a very strong Victoria Police protective the election that we will deliver for the people of services officer presence at particular stations. Hallam, including our policy of making railway stations
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Tuesday, 28 June 2011 ASSEMBLY 2311 in the metropolitan area of Melbourne safe havens for Pearson, he might understand that all the details he is people who use them at night. Yes, there are issues in after are in this article. relation to car parking and upgrades to car parks, and we will look at individual stations across the The SPEAKER — Order! The minister is not to use metropolitan area to see what improvements can be props and should put the article down. delivered. We will take those concerns on board. Mr R. SMITH — If he opens the paper, has a look I will seek information from the department in relation and reads this very good article, he might understand to Hallam station, particularly in relation to car parking what is going on in his electorate instead of coming in facilities, but I point out to the member that, if I were here and asking the government questions the answers the member for Narre Warren North, I would be going to which are clearly detailed in publications in his own out, selling the government’s commitment and policy to electorate. I am pleased to respond to the member in make railway stations safe havens and pointing out to that regard by saying that the park will be opened. We his community that as a result of the PSO policy that did not want — — will be delivered by the coalition government Hallam station will be viewed as one of the safest places to be. Mr Eren — When? One of the most important policy decisions across the Mr R. SMITH — In the next couple of weeks, if metropolitan area is that after 6 o’clock at night the the member would listen. Labor members still have not safest place to be will be a metropolitan railway station. learnt to listen, even after the last state election. The If he wants to win votes in his electorate and if he wants member still has not learnt to listen. He needs to listen. to curry favour with his constituents, he should go out there at 6 o’clock at night, talk to the PSOs once they Mr Eren interjected. are allocated to stations and promote the policy to his local community. Mr R. SMITH — We did not want to compromise people’s safety with asbestos. Dear, oh, dear! Mr R. SMITH (Minister for Environment and Climate Change) — I rise to respond to the member for Having responded to the member for Lara, I will pass Lara, who asked me to ensure that the You Yangs on to the Minister for Planning the issue raised by the Regional Park is opened. The You Yangs Regional member for Evelyn regarding reviewing planning in the Park was closed after the heavy rains we had in green wedges. January, which washed away some roads and tracks and also exposed extensive areas of asbestos in about I will also pass on the requests to the Minister for 90 locations throughout the park. The member clearly Housing from the members for Prahran and Ivanhoe. has an issue with the park taking a little longer to open From the member for Prahran the request was to meet than we originally thought. I am sure the member with the Inner South Community Health Service and would not want the government to compromise the from the member for Ivanhoe to meet with the safety of Victorians by allowing people into the park committee of management of Heidelberg West while asbestos is exposed. The government has already Neighbourhood Renewal. spent $1.5 million on restoring the tracks and paths that The SPEAKER — Order! The house stands were damaged after the rains. The work has involved adjourned until 9.30 tomorrow morning. the removal of about 80 tonnes of asbestos, and that took some time. With a little more grace than the House adjourned 10.50 p.m. member for Lara has shown, locals have pitched in and helped to repair those tracks and pathways, and I think that is quite outstanding.
I am advised that the You Yangs Regional Park will be opening in the next couple of weeks. In saying so, I wonder why the member for Lara is not taking a big interest in his area or reading his local publications. Just last Friday the Geelong Independent had a very-well-written article headlined ‘Lara’s You Yangs “about to reopen”‘. You would think that, if he had opened the paper — it came out on 24 June, just last week — and read this comprehensive article by Erin
2312 ASSEMBLY
PETITIONS
Wednesday, 29 June 2011 ASSEMBLY 2313
Wednesday, 29 June 2011 In particular, we note that this decision will result in: 1. a reduction in the planned building upgrade to the The SPEAKER (Hon. Ken Smith) took the chair at Paisley campus; 9.35 a.m. and read the prayer. 2. ageing buildings receiving a facelift, rather than being rebuilt. PETITIONS The petitioners therefore request that the Legislative Assembly urge the Baillieu government to reverse its plans to Following petitions presented to house: reduce the scope of Bayside college’s stage 2 building works at the Newport campus. Geelong High School: funding By Mr NOONAN (Williamstown) (223 signatures). To the Legislative Assembly of Victoria:
The petition of certain citizens of the state of Victoria draws Schools: Doreen to the attention of the house the need for significant upgrades To the Legislative Assembly of Victoria: of facilities at Geelong High School. The petition of certain citizens of the state of Victoria draws In particular, we note: to the attention of the house the rapid increase in families 1. the previous Labor government approved and funded a moving to Doreen and Mernda, suburbs of northern master plan for the school, which has been completed; metropolitan Melbourne. In particular, we note: 2. the need for Geelong High School to replace portable classrooms with permanent buildings; 1. there are now almost 1000 students enrolled at government primary schools in Mernda and Doreen, 3. Geelong families deserve the highest quality education with that figure set to increase in the years to come; facilities and the lack of funding by Mr Baillieu shows he does not understand the needs of the community; 2. there are no government secondary colleges in Mernda or Doreen; 4. no Geelong schools received funding in the 2011–12 Victorian state budget for building works. 3 land has been purchased by the previous Labor government for a secondary college to be built in The petitioners therefore request that the Legislative Cookes Road, Doreen. Assembly urge the Baillieu government to urgently fund the much-needed upgrade of the Geelong High School. The petitioners therefore request that the Legislative Assembly urge the Baillieu government to urgently fund the By Mr TREZISE (Geelong) (316 signatures). building of a secondary college in Doreen. Planning: Geelong development By Ms GREEN (Yan Yean) (5 signatures).
To the Legislative Assembly of Victoria: Tabled. The petition of concerned citizens draws to the attention of the house the City of Greater Geelong’s recent decision to Ordered that petition presented by honourable approve amendment C73, otherwise known as Caddys Road member for Lara be considered next day on motion subdivision, and the negative implications this will have on of Mr EREN (Lara). Serendip Sanctuary. Ordered that petition presented by honourable The petitioners therefore request that the Legislative Assembly of Victoria call in the City of Greater Geelong’s member for Geelong be considered next day on recent decision approving amendment C73 and overturn the motion of Mr TREZISE (Geelong). decision to build high-density housing on the parcel of land in question. Ordered that petition presented by honourable member for Williamstown be considered next day By Mr EREN (Lara) (1454 signatures). on motion of Mr NOONAN (Williamstown). Bayside P–12 College: facilities
To the Legislative Assembly of Victoria:
The petition of certain citizens of the state of Victoria draws to the attention of the house a decision by the Baillieu government to reduce the scope of Bayside college’s stage 2 building works at the Newport campus.
DOCUMENTS
2314 ASSEMBLY Wednesday, 29 June 2011
DOCUMENTS met with the then Leader of the Opposition, and within a matter of weeks the community had a commitment Tabled by Clerk: from us for land at the former Barton Street campus.
Auditor-General: The SPEAKER — Order! The member’s time has Allocation of Electronic Gaming Machine expired. Entitlements — Ordered to be printed Banyule Homestead: future Municipal Solid Waste Management — Ordered to be printed Mr CARBINES (Ivanhoe) — I rise to voice my Multicultural Victoria Act 2004 — Victorian Government support and the support of the residents of the Ivanhoe Reporting on Multicultural Affairs Report 2009–10 electorate for the Banyule Homestead at 60 Buckingham Drive, Heidelberg. There is a potential Subordinate Legislation Act 1994 — Documents under s 15 land grab and development that would ruin the integrity in relation to SR 35. of the site. The property is located on the eastern side of the road and is one of the most prominent sites as MEMBERS STATEMENTS viewed from the abutting parkland, known as Banyule Flats Reserve. The subject site is a 9101-square-metre Torquay Froth and Bubble Literary Festival parcel of land occupied by the Banyule Homestead which enjoys an A-grade status in the heritage citation Mr KATOS (South Barwon) — I recently had the and is listed on the Victorian Heritage Register. The pleasure of opening the Torquay Froth and Bubble main building was constructed in 1846, with more Literary Festival, which is now established as an annual recent additions made in the late 1990s. From 1977 event on the regional calendar and is receiving more until it was sold by the Kennett government in 1995 the interest from not only the local community but also homestead was used for National Gallery of Victoria literary lovers across the region. Torquay is the perfect exhibitions, mostly of the Heidelberg School of artists. I place to celebrate literature, and the festival brings remember attending many sessions there as a local together literature lovers of all ages from across the school student. region to delight in the works of some of Australia’s most acclaimed authors, poets, performers, illustrators We are now concerned that Heritage Victoria is and playwrights. I wish the festival committee considering planning applications and subdivision continued success and hope that the festival continues proposals for that site. There is talk that this is being to grow to become an iconic event for Torquay and the hidden away behind a smokescreen of funding some Surf Coast in the years to come. redevelopment and maintenance on the site, but really it is about destroying the integrity of this historic site, a Croatian community: independence land grab and trying to make some money. I am very celebrations supportive of Banyule City Council’s application to oppose these planning applications. I wish the council Mr KATOS — It was my absolute pleasure to well with that, and the local community will continue to represent the Minister for Multicultural Affairs and fight hard to protect the integrity of the Banyule Citizenship at the Croatian Statehood Day celebrations Homestead for the future. I expect and hope that in Corio over the weekend. It was fantastic to see so Heritage Victoria will reject these planning many members of Victoria’s Croatian community applications. celebrating the anniversary at the Croatian Community Centre of Geelong. The community centre has worked Former government: performance tirelessly to promote Croatian culture for almost a quarter of a century. It is a great example of community Mrs VICTORIA (Bayswater) — How arrogant and spirit, and it is host to other community groups for bitter the opposition is. A recent announcement about which it provides use of the facilities. an upcoming increase in the cost of water attracted a wave of criticism from those opposite — how The Croatian community in Geelong is facing an misguided! The opposition leader suggested that this ageing population. It began to lobby the previous Labor government should take responsibility for the decisions government in 2005 for land for an ethno-specific it makes. If only he and his colleagues had practised in aged-care facility. For five years there was inaction and government what they preach in opposition. Labor still dithering from the members for Geelong and Lara. In takes no responsibility for myki, smart meters or its June of last year a delegation led by Mr Joe Pavlovic decision to commit taxpayers money to the
MEMBERS STATEMENTS
Wednesday, 29 June 2011 ASSEMBLY 2315 horrendously expensive desalination plant, costing in itself an expensive exercise, and it will be even more Victorians nearly $2 million every day. While the difficult until the government puts its hand in its pocket Baillieu government is fixing Labor’s mess, the and gives the school extra money to run two campuses. opposition is sitting on the sidelines spinning its way The merger has been a very positive experience, but the into irrelevance — but this time without taxpayers school desperately needs to be on one campus so that it money to fund that spin. can consolidate its resources. Circus Oz: Steampowered The process needs to keep rolling, but it is stalled on the master plan. The school expected to be given some Mrs VICTORIA — Last week I proudly launched money after a phone call from the education department the latest production by Circus Oz, Steampowered. The some weeks ago advising that some money would be circus artists were as amazing as ever, but what I found forthcoming to proceed with planning. This was to have truly astonishing was the number of Labor members of been a drip-feed of funds, but nevertheless it would Parliament who were there, having gladly accepted have been something to keep the school going. their free tickets even after ridiculing the amount of However, several weeks down the track and near the money the Baillieu government invested in Circus Oz end of second term there is still no cheque in the mail. through the recent state budget to enable the establishment of a new home where this company can A member for Northern Victoria in the other place, continue to create dazzling displays of circus art for the Damian Drum, is very aware of this situation because world to enjoy. I hope they enjoyed the show and that the principal is in regular contact with him, yet he has they now realise how expensive it is to produce shows failed to convince the education minister of the urgency of this calibre. of this funding. He has failed the people of Golden Square, as has this dithering government. National Gallery of Victoria: European art exhibition Floods: government assistance
Mrs VICTORIA — I congratulate Gerard Vaughan Dr SYKES (Benalla) — North-eastern Victoria is a and everyone at the National Gallery of Victoria along great place to call home and a great place to visit. The with the Austrian lending institutions and many attractions of north-eastern Victoria include our WienTourismus on creating a genuine once only beautiful waterways, such as Lake Buffalo, Lake exhibition of some of the finest works of European art. William Hovell and the Goulburn Weir. To assemble so many Klimt, Schiele, Hoffmann and Loos pieces in one place has been a labour of love for Unfortunately the recent floods between September and many, and it can be seen only once. February caused significant damage to our waterways and infrastructure. Goulburn-Murray Water has Golden Square Primary School: funding undertaken a lot of clearing work and replaced no-boating buoys in Lake Buffalo and Lake William Ms EDWARDS (Bendigo West) — One of the Hovell to ensure safe use for recreational boating and most successful school mergers in the state is in fishing. Similarly, the Shire of Strathbogie, which is jeopardy because the Baillieu-Ryan government will responsible for sections of the Goulburn River and the not commit the money to allow planning for a new Goulburn Weir near Nagambie, has cleared many tree school to proceed. The Maple Street and Laurel Street trunks and other hazards to navigation. primary schools in Golden Square are operating as one school, but they must now operate from two campuses It would be extremely beneficial to both for longer because of the failings of this government to Goulburn-Murray Water and the Shire of Strathbogie to recognise the importance of continued funding for have some of their costs reimbursed. I am aware that planning processes. The community is shocked and the coalition government has made many types of dismayed at the government’s refusal to assist in any grants available to flood-affected communities, and one way. of these is specifically for waterway and infrastructure repairs. I will be asking the Minister for Ports for an To go to the next stage of planning requires some update on these particular grants this week. funding so that architects can continue to be employed. This amalgamation has been very successful because Tourism: north-eastern Victoria the school community has worked hard to make it happen. There was overwhelming support for the Dr SYKES — On the broader subject of merger in the community. Operating two campuses is north-eastern Victoria, I encourage all members of this house to come to north-eastern Victoria during the July
MEMBERS STATEMENTS
2316 ASSEMBLY Wednesday, 29 June 2011 break. We have fantastic snow resorts, including Mount home and the many athletes who will compete in the Buffalo and its splendid chalet. We have glorious river national titles in Melbourne in 2014. valleys and many wineries and restaurants. I urge members to come and visit north-eastern Victoria — it Buses: Gembrook electorate is a truly magnificent part of the state. Mr BATTIN — On another matter, it is pleasing to Cranbourne: men’s shed see that this government is delivering yet again to the residents of my electorate. In just under 48 hours, Mr PERERA (Cranbourne) — It was with great residents in the north of the Gembrook electorate will pleasure that I joined men’s shed coordinator Les Smith be able to use public transport without having to and others at the launch of the Botanic Gardens purchase two tickets. Local residents who for many Retirement Village men’s shed in Junction Village, years have been catching the 683 bus from Warburton near Cranbourne, last week. It was also a great pleasure to Chirnside Park will be able to do so with one to work with Les and his team in securing funding purchase of a zone 2 ticket. I know that many families under the previous Labor government for the look forward to this. In the words of one young construction of the men’s shed. I congratulate Les traveller, ‘I’ll be able to afford an extra sausage roll Smith and his team on their fine efforts in getting the every day’. men’s shed to where it is today. I wish Les and his team all the very best with their future endeavours. Rythdale-Officer-Cardinia football and netball club: facilities John Holmes Mr BATTIN — On another matter, another election Mr PERERA — It is my great pleasure to nominate commitment will be delivered with funding for the Frankston North resident John Holmes for the 2011 Rythdale-Officer-Cardinia football and netball club Victorian Senior of the Year Award. Mr Holmes is grounds. The committee looks forward to having the 71 years of age. He resides in the electorate of opportunity to build new change rooms and social Frankston North and has played an integral part in facilities to ensure that its members have the best making Frankston North an even better place to live. facilities to go with the new oval provided by the Cardinia council. For many years Mr Holmes has been very active in assisting and guiding many individuals around the Police: Emerald station Frankston North area, and he is always full of energy and enthusiasm. For many years Mr Holmes has also Mr BATTIN — On another matter, the coalition been making his way to Mahogany Rise Primary delivers again, with the progress under way for Emerald School in Frankston North, basically every Friday police station. For a decade the local community have afternoon, where he has put smiles on the faces of many called for a 24-hour police presence and the students by taking the opportunity to fix their bicycles. Baillieu-Ryan government will deliver. We are working He also collects parts from unused and donated bicycles closely with local residents, local police command and and puts them together so that children from the the local council to ensure the community feels safe Frankston North area can enjoy ownership of their own 24 hours a day, after a decade of rising crime. bicycles. It is all thanks to Mr Holmes. Mr Holmes was behind the decision to establish and drive a men’s shed Operation Newstart: Geelong for the Frankston North area. He started this exciting idea from scratch. Mr TREZISE (Geelong) — On Friday, 24 May I had the privilege of attending the inaugural graduation Special Olympics: Australian athletes of students who have completed Operation Newstart in Geelong. For the information of members, Operation Mr BATTIN (Gembrook) — I would like to Newstart is an early intervention program targeting congratulate the entire Special Olympics team who are 14 to 17-year-olds who are experiencing schooling currently in Athens competing for their country. Of the problems or are in conflict with the law. The program is more than 130 athletes from across the country there a joint initiative of Victoria Police, the Department of are more than 30 Victorians. It is great to see these Education and Early Childhood Development and Save athletes given the opportunity to compete at the highest the Children. level. This government was pleased to support the event, and we look forward to welcoming the athletes Operation Newstart is a great program that is designed to challenge each participant in a process of change through outdoor adventure activities, vocational
MEMBERS STATEMENTS
Wednesday, 29 June 2011 ASSEMBLY 2317 orientation visits and working sessions with parents or Ballarat East electorate: government carers and teachers. At Friday’s graduation the commitments following young people graduated: Jack Lanyon, Dylan Christensen, Ashley Phillips, Bailey England, Siahn Mr HOWARD (Ballarat East) — Residents of my Graham, Jamie Lee Morphett and Jo-Anne Stokes. electorate are concerned about a number of projects this government has committed to but where no action I take this opportunity to congratulate all these young appears to be happening. In regard to people and wish them well for the future. I would also Ballarat-Buninyong Road, the Baillieu government like to commend and congratulate Jill Rush, Warwick when in opposition committed $4.5 million to improve Knuckey and Leading Senior Constable Andy Brittain traffic flow there, and although Simon Ramsay, a for their active participation in Geelong’s first member for Western Victoria Region in the other place, Operation Newstart. To all I say: a job well done. I look has advised that the money is in the budget, he failed to forward to attending many more graduations of advise that less than a quarter of that funding, only Operation Newstart participants for years to come. $1.1 million, has been allocated for this project for the coming financial year. Crime: statistics I am also very disappointed to see that the $2 million to Mr MORRIS (Mornington) — The report of the upgrade the Whitehorse Road intersection, which I Ombudsman on the release of Victoria’s crime statistics fought to have allocated in the current Brumby budget, is but the latest in a long line of recommendations to the is yet to result in plans, let alone action. Likewise the government and Parliament, and it indicates that the $2 million, again allocated in the budget for this reporting of crime in this state did not meet the mark. financial year, for a new police station in Daylesford is As the deputy chair of the Drugs and Crime Prevention yet to be provided under this government. Committee in the 56th Parliament, I am well acquainted with the shortcomings of the system. In at least two Yes, planning for these projects involves complexities, inquiries, the first into high-volume offending and but constituents have a right to feel confident that recidivism by young people and the second into progress is being made. Residents in Mount Clear and assaults in public places, difficulties with statistics were Mount Helen, as well as awaiting action on the a significant impediment to the committee’s work. The Ballarat-Buninyong Road, are rightly concerned that Ombudsman has noted that as long ago as 2000 the the promised fire station for Mount Clear-Mount Helen, committee highlighted a number of concerns about an identified high-fire risk area, has not been funded in crime statistics. The committee followed that report the first Baillieu budget. While four new fire stations with another in 2002 that recommended a bureau of are to be built in the Deputy Premier’s Gippsland South crime statistics and research be established in Victoria. electorate, the people of Mount Clear-Mount Helen are The Bracks government failed to act. required to wait for a fire station. The residents of Ballarat East deserve better. There are at least two issues with the current practices in crime reporting. The first is that published crime Eagle Point Primary School: upgrade statistics are based on reported crimes and therefore are influenced by the proportion of actual offences reported Mr BULL (Gippsland East) — I recently joined the to police. The second is that operational priorities of Minister for Education at the official opening of the police have an impact. A high level of police activity in upgraded Eagle Point Primary School. Enrolment a specific area will deter crime and it is likely to numbers at the school have doubled over the past three increase the number of reports of offences. Conversely, years and the extension will provide much-needed an area with a low level of police activity might well space for future growth. I congratulate staff and have an apparently low crime rate, because many students as well as members of the local community offences go unrecorded. and builders who contributed to the successful project. Clearly credible crime statistics are an essential part of Nowa Nowa men’s choir any serious crime prevention strategy. I commend the Premier’s commitment to implement the Ombudsman’s Mr BULL — I had the pleasure of attending the recommendation — — Mitchell River Rotary Club’s changeover dinner where incoming president, Garry Dixon, presented a cheque The SPEAKER — Order! The member’s time has for $500 to the Nowa Nowa men’s choir, a singing expired. group with a wonderful history. James Haig, who was born in Scotland and is of Maori descent, is a trained
MEMBERS STATEMENTS
2318 ASSEMBLY Wednesday, 29 June 2011 opera singer and was behind the group’s formation Minister for Multicultural Affairs and Citizenship at the 14 years ago. Its members come from a variety of meeting. As my electorate of Broadmeadows has the backgrounds and are fairly relaxed about rehearsals at highest proportion of Turkish-Australian residents in group member Geoff Mahlook’s winery. They Victoria, I am committed to building and strengthening generously donate their performance fees to various ties by bringing all parties together to foster productive charities. Unfortunately, James’s health is not 100 per relationships. I would like to thank our hosts, president cent, but I congratulate the group on its efforts and wish of the ATBC, Huseyin Mustafa, and the mayor of James all the very best. Moreland City Council, Oscar Yildiz. Macy Hambrook Further acknowledging the importance of building these relationships was the attendance of the Governor, Mr BULL — East Gippsland gave cricket Cameron the Leader of the Opposition and federal and state White, and I am betting that one day Macy Hambrook Labor colleagues at a recent special open day of the may well do as well as Cameron for the AFL. Macy is King Street mosque in Broadmeadows. the teenager from Omeo who notched up 101 goals this season from just eight games, making him the first Australian Labor Party: replacement campaign player in Australia this season to achieve this milestone. Mr HODGETT (Kilsyth) — I note with interest the Glenda Moulton establishment of a new organisation to evolve out of Canberra — a group calling itself ‘Replacing the ALP’. Mr BULL — I would like to pay tribute to Glenda This group of people, once true believers with their Moulton, who recently turned 100. When World War II spokesperson an ALP party member until 2008, feel broke out Glenda joined the armed services, and after compelled to share their dismay at the Labor Party’s being posted to various locations around Australia decline. I quote from the group’s website: ended up in Papua New Guinea working as a theatre sister. A talented musician, trained in both cello and Replacing the ALP is campaigning to highlight the decline of piano, Glenda is also an avid bridge player and one of the ALP both as an organisation and as an idea. Bairnsdale Bridge Club’s inaugural members. A keen It has finally come to the point where the party’s own golfer also, Glenda and her husband were instrumental supporters are turning their back on this dysfunctional, in helping build the first golf course in Bairnsdale in the hypocritical and arrogant party and its disintegrating 1950s. organisation. Not only that, they are proactively fighting against it. In addition to issuing a statement that Australian Turkish Business Council the ‘ALP has reached the end of its effective life’, they, Mr McGUIRE (Broadmeadows) — Relations along with many other members of the community, between Turkey and Victoria have significant social, believe this once-strong party has become cultural and economic advantages, as demonstrated by dysfunctional and has lost the ability to refresh and the recent meeting of the Australian Turkish Business renew. Council (ATBC), which I attended. Turkey is The Labor Party has come to the point where it is geographically positioned at the intersection of key turning against itself. Campaigns such as this will international markets and has played a critical role become more and more common. As more groups like throughout Australia’s history. Our relationship this are formed and as more people become dissatisfied embodies the resilience and optimism of Australian life. with the Labor Party, its parliamentary members will Our soldiers fought against each other at Gallipoli remain deluded about its relevance. Not only does the almost 100 years ago, and while we mourn together in ALP have to cope with its shrinking membership and a the spirit of peace and the memory of thousands of lack of enlightenment and innovation of policy ideas, young lives tragically lost on both sides, we are also now it has to fight against those that were once its building a future together. own — what a sad and sorry state of affairs!
The Australian Turkish Business Council is becoming Last November the people of Victoria made a choice: increasingly significant for Victoria, and in actively they no longer wanted or trusted Labor, and it looks developing these relationships builds social, cultural like this will become more and more of a theme. Labor and economic opportunities, ensuring Victoria’s betrayed and neglected Victorian families with its position grows as a world-class place to live, work, visit record of incompetence, waste and broken promises and do business. This was reflected by the attendance over 11 years in office. Labor is dysfunctional and of the Turkish ambassador, the Premier and the cannot be trusted.
MEMBERS STATEMENTS
Wednesday, 29 June 2011 ASSEMBLY 2319
Araluen Centre: housing proposal Literacy Villages: Frankston and Mornington Peninsula Mr HERBERT (Eltham) — I rise to bring to the attention of the house an excellent proposal put forward Mr BURGESS — The Frankston-Mornington by Araluen Centre, a not-for-profit disability support Peninsula Literacy Villages Partnership, which is a and services organisation that operates in my electorate. partnership between the City of Frankston, Mornington Araluen’s chief executive officer, Ross Coverdale, Peninsula Shire Council, the Department of Education presented a visionary plan for a 70-home project on the and Early Childhood Development and the Catholic former Hurstbridge High School site to a parliamentary Education Office was launched in Mornington on committee in Eltham earlier this month. This fantastic 8 June this year. The project aims to ensure literacy redevelopment project would include approximately success for all children aged 0–18 years, through 30 homes for the elderly and disabled and is another whole-of-community engagement. Each village is shining example of the functional and innovative developing a literacy action plan for the children within approach Ross and the team at Araluen take to the its area, using local knowledge and experience. I provision of support and services for their clients. commend this project and the wonderful people behind it for taking positive and practical action to address Over the last few years Nillumbik Shire Council has what is a major issue for our youth and our community. had a few proposals for this site, but unfortunately proposals to acquire the land stalled due to the council’s McClelland Gallery and Sculpture Park: inability to pay the Valuer-General’s valuation and to 40th anniversary meet government asset disposal processes. However, Ross and the Araluen team, along with the council and Mr BURGESS — On Saturday, 18 June, I had the other local providers, have put together this practical, great pleasure of attending the McClelland Gallery and new proposal, which would make great use of this Sculpture Park 40th birthday celebration, the official valuable real estate and provide a broad range of opening of the Elisabeth Murdoch Walk and the support services to whose who really need it. I know announcement of the Frankston City People’s Choice they met late last year with the previous minister and Award. It was a privilege to attend this celebration in the proposal is supported by the member for Yan Yean. the presence of the Premier, Dame Elisabeth I urge the new coalition government to complete the Murdoch, AC, BDE, the mayor of Frankston City good work of the previous Labor government by Council, Kristopher Bolam, JP, parliamentary seriously investigating the feasibility of this proposal colleagues and many members of my community. I and by giving the green light to Araluen to expand its take this opportunity to congratulate the McClelland scope within Melbourne’s north-east. gallery on 40 years of providing a rich experience for the community through a mix of exhibitions, public Somerville Tyabb Rotary Club: programs, spectacular sculptures and its wonderful 25th anniversary gallery.
Mr BURGESS (Hastings) — On 17 June I attended The DEPUTY SPEAKER — Order! The a dinner to celebrate the 25th anniversary of the member’s time has expired. Somerville Tyabb Rotary Club. This organisation has made a phenomenal contribution to the local Employment: government performance community over the past 25 years, and it was a great honour to be able to celebrate this important milestone Mr HELPER (Ripon) — We recently saw a with these very special people. The dinner also paid government deliver a budget without any mention of a tribute to outgoing president, the Honourable Ron job strategy. Every day we see a Premier who appears Bowden, a former member for South Eastern Province, to choke on the word ‘jobs’ and who is not interested in and I congratulate him on his dedicated service. The any way whatsoever in delivering a job strategy for this Rotary club plays an important role in our community, state. We now have confirmation that this aversion to and its principle of ‘service above self’ is not just a responsible strategies for the creation of jobs even slogan, it is a way of life for its members. I congratulate extends to a brazen disregard for any threats to jobs as the Somerville Tyabb Rotary Club on its well. On 21 June on Ballarat ABC Radio, Andrew 25th anniversary. Koerner, the head winemaker of Blue Pyrenees Estate, acknowledged that the incompetence of the Minister for Environment and Climate Change is resulting in a level of smoke taint in the winery’s harvest.
MEMBERS STATEMENTS
2320 ASSEMBLY Wednesday, 29 June 2011
You know, Deputy Speaker, how incredibly important attention to the lack of investment this Liberal the wine industry is to jobs in your region. It is equally government has made in public transport. The reception important, and maybe even more important, in my from commuters has been very good, with one notable region because of the limited number of other industries exception. This morning two volunteers were verbally that exist. To have an incompetent minister who, by his attacked and bullied at one of the exits from Parliament presence here, is simply acting to remove the village station by none other than the member for Mount idiot from the community of Warrandyte — — Waverley. Observers noted that he deliberately targeted the young female volunteer. He demanded to know her The DEPUTY SPEAKER — Order! The name, contact details, place of employment and that she member’s time has expired. show any identification she had, and he did so saying that he was a member of Parliament and that she had to Fairway Hostel: improvements comply with his demands.
Mr THOMPSON (Sandringham) — I pay tribute to This is an outrageous abuse of his office and an the Rotary Club of Beaumaris, the Sandringham outrageous abuse of power, and it may even be College Beaumaris campus interact club and the unlawful. He did this standing a mere foot away from Fairway Hostel for their vision, initiative and good her, and all attempts by her to get him to step back and practical work in rejuvenating the upstairs outdoor area calm down were to no avail. Other volunteers also tried at the Fairway Hostel. Seventeen students from years 9 to get him to calm down and desist. He then starting and 10, who are involved in the Beaumaris interact filming her, following her around the station exit club, worked alongside the Beaumaris Rotary Club continuing his tirade and his intimidatory tactics. members on the project. The work included the Understandably, the young woman was left very cleaning and sanding back of outdoor furniture and distressed by the whole experience and was particularly planter boxes and then the painting and replanting of upset that it was a member of Parliament that had the boxes. The students enjoyed working with the treated her in this way. He only stopped when it was Beaumaris Rotarians and commented on their suggested that the police be called. satisfaction in seeing the outcome of their work. The project represents an important example of different This kind of behaviour is disgraceful, and it shows the sections of the community working together to achieve complete lack of regard the member for Mount a good result and build strong intergenerational bonds. Waverley has for the right of people to feel safe. His view of women is equally distressing. I call on the Sandringham electorate: graffiti removal member for Mount Waverley to apologise for this outrageous and thuggish behaviour, and given all the Mr THOMPSON — I would also like to honour circumstances I urge him to seek professional help. the work of Michael Schirrman, who over a long period has voluntarily been removing graffiti in the The DEPUTY SPEAKER — Order! The Sandringham and bayside districts either alone or with member’s time has expired. the assistance of other volunteers. He has worked happily alongside other volunteers such as Paul Miller University of the Third Age: city of Kingston and Darren de Klijn, who have freely given of their spare time for the purpose. They have worked on over Ms WREFORD (Mordialloc) — The member for 25 different sites, including both residential and public Carrum and I recently attended the Kingston University walls, car parks, railway crossings and Telstra of the Third Age as guest speakers at the social studies infrastructure. Over the past 18 months on a monthly class. The U3A is a fantastic organisation that shares basis a report has been submitted to VicRoads about the learning experiences with ageing Victorians. I graffiti damage to signal boxes, which has then enabled deliberately say ‘shares learning experiences’ because them to be repainted. the organisation is about sharing. It is not a rigid education model, but instead ageing Victorians with a The DEPUTY SPEAKER — Order! The thirst for learning come together to gain knowledge on member’s time has expired! particular topics. The member for Carrum and I spoke with the social studies group, partly on what it is like to Member for Mount Waverley: conduct be a new member of Parliament and partly on state issues — for example, how badly the opposition Ms RICHARDSON (Northcote) — Over the last handled projects like myki, the desalination plant, smart two days volunteers from my office have been handing meters, community safety and public transport during out DL-sized cards at city loop stations to draw its 11 wasteful years in office. It was good to show
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Wednesday, 29 June 2011 ASSEMBLY 2321 them that this new government is making great MATTER OF PUBLIC IMPORTANCE progress. Government: achievements Mordialloc Beach Primary School: Korean celebration The DEPUTY SPEAKER — Order! I have accepted a statement from the member for Scoresby Ms WREFORD — Last Friday I attended the proposing the following matter of public importance for Mordialloc Beach Primary School. The school put on a discussion: very spectacular dance and drum performance and a wonderful array of Korean food. The students are all That this house congratulates the Baillieu government for delivering on public commitments they made to the Victorian learning Korean, and this day added to their curriculum. people. I would like to congratulate the principal, Gillian Phillips, on the wonderful work she does with the Mr WELLS (Treasurer) — The matter of public school. importance (MPI) before the house is that this house congratulates the Baillieu government on delivering on Greensborough College: rebuilding public commitments it made to the Victorian people. It is very pleasing to be able to talk on this particular MPI. Mr BROOKS (Bundoora) — I rise to condemn the A lot of hard work was put into our election Baillieu government’s failure to match Labor’s commitments in the run-up to the 27 November commitment to rebuild Greensborough College. The election. A lot of time and effort was put into our needs of this school have been raised a number of times costings and assumptions. To get to the situation where in this place, but the government has consistently we had $5.2 billion worth of election commitments in ignored requests for the minister to visit the school and recurrent spending and were able to deliver on for the government to rebuild the ageing facilities. This $5.1 billion was quite an extraordinary effort, but we has led to the shameful situation where students are did it. Absolutely. We had a financial mess to deal with, bringing blankets to school to keep warm. If the and yet we have still been able to deliver on our minister had visited the school and talked to the election commitments. I will start with some of the community about its genuine concerns, this disgraceful points we had to deal with when we came into saga could have been avoided. government.
But we know why the minister and this government do The first issue was the GST, but that was not relevant to not care about this school. The minister let the cat out the previous government. There was $4.1 billion worth of the bag on the first sitting day of this Parliament. In of cuts to the GST. As most people would realise, for response to an adjournment matter raised on every $1 that a Victorian pays, we were receiving 21 December last year the Minister for Education said: 94 cents back. When the last formula was brought The member for Bundoora asked me to visit Greensborough down that was cut back by 4 cents to just 90 cents in the College, a school that wants a rebuild. My priority and this dollar. We took action and wrote to Wayne Swan and government’s priority is to fulfil our election commitments. Julia Gillard to say, ‘This is wrong; this is unfair. This We are not here to fulfil Labor’s election commitments; we means that Victoria is not getting a fair deal’. Guess will fulfil ours as a priority. We will then consult with all what the Prime Minister said? — ‘I agree’, and she communities and all local members about further needs in other areas in all electorates and all parts of Victoria. Our quoted the letter that we sent, saying she agreed that members and our candidates came up with fantastic projects there was something wrong with the formula. She then that are worthy, and I will fulfil those promises. We will then immediately organised a review — which included a look at all of the other schools. former Premier of this state, John Brumby — to fix the It is very clear that the Liberal Party’s promises are to formula. be funded ahead of any schools in need. Not only did we lose $2.5 billion, there was also Following comments that Greensborough College was $1.6 billion in shrinkage of GST revenue. In addition to being overlooked because it was in a Labor electorate, that, we had a $500 million rephasing of the the minister told Channel 9 news on 22 June, ‘It’s need, commonwealth’s contribution to regional rail. We have not political, ah, um — what the political allegiance or also had to deal with cost blow-outs, something that the who the member might be’. The Baillieu government is previous Labor government could not manage. Labor is not funding school upgrades based on need. To suggest never ever able to manage money competently, and that that that is the case is a lie. The Baillieu government is a disgraceful situation. For that reason, honourable should stop playing politics with our kids’ education. members can imagine the mess that we walked into in Treasury and when we found out what was going on.
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2322 ASSEMBLY Wednesday, 29 June 2011
Was the former Minister for Finance, WorkCover and The DEPUTY SPEAKER — Order! I ask the Transport Accident Commission spending too much members to lower the volume of interjections and to time on his dirt unit instead of looking after the please not interject in the manner in which they are finances? Was the former Treasurer, a member for interjecting. Southern Metropolitan Region, spending too much time helping the former minister for finance to run his Mr WELLS — Those opposite should hang their grubby dirt unit, or was he trying to sort out the heads in shame at the impost that water consumers and finances? Never was there an effort to resolve issues. power consumers have been left with by another financial mess created by the previous Labor Looking at the Melbourne Markets fiasco, what a government. It is a disgraceful situation, but the former financial mess we see! The previous government went minister for finance has not learnt. He is still out there, ahead and built a brand-new place out at Epping, but talking up the desalination plant. where were the rent agreements with the people at Footscray? There were zero contracts. Why would you Moving on to the situation of the lapsing programs, spend hundreds and millions of taxpayer dollars when we go through the budget and expenditure review without having a guaranteed revenue stream? Who committee process, we see those lapsing programs. We would do that? Only the former minister for finance thought the previous government had been able to put would do something as blatantly incompetent as that. aside the money for all the lapsing programs, but the There was a blank cheque for doing these sorts of funding for 65 park rangers was going to finish on incompetent things. The former government spent 30 June this year — that is, from tomorrow there was $100 million without any sort of revenue stream, and no funding for 65 park rangers in Parks Victoria. that was to the shame of the former minister for finance. He took his eye off the ball in dealing with the To make matters worse, there was also no funding from finances of this state, and instead focused on the dirt 30 June for officers of the Royal Society for the unit. Prevention of Cruelty to Animals. What a disgraceful situation. Would you not provide ongoing funding for Then we have the myki situation. Jeepers creepers, how them? I would have thought so. many times do we have to mention it? Hundreds and hundreds of millions of dollars of recurrent and capital To give one more example, there is a very important payments were made, and what did we end up with? project in the electorate of the member for Monbulk: Nothing. We end up with a financial mess — and it gets the upgrade of the Kokoda Track memorial walk, worse. It has taken this government to put myki back on known locally as the 1000 steps. The previous track. government had apparently put aside $1 million for the 1000 steps, but when we went to find where the money Honourable members interjecting. was, guess what? Doughnuts! There was not 1 cent put aside for that project! Mr WELLS — Those opposite had 11 years to try to get the ticketing system working. In just As a result this government has had to fix up the mess seven months we have been able to untangle the that was left behind. We heard so much from the problem and start getting it ready, and that is important. previous government about the pay rise for community sector workers. John Brumby, the former Premier, said Honourable members interjecting. it was going to cost $200 million. When we had a look into that issue we found that not one cent had been put The DEPUTY SPEAKER — Order! Members of aside. We were in a situation where we had to put aside the opposition will cease behaving like that. money to make sure that was done.
Mr WELLS — Let us go further. What about the Before we came into government we made election desalination plant? It costs almost $2 million a day, and commitments. We have done what we set out to do. As that does not pay for 1 litre of water being produced. of 1 July, this Friday, stamp duty cuts will take effect; it Who can we blame for that? The answer is the former will be a great effect. Does any member remember Minister for Finance, WorkCover and the Transport during the election campaign when the then minister for Accident Commission, the member for Lyndhurst. finance and the then Treasurer announced their stamp Then we have the smart meters. Those opposite said duty cut? What a bungle. What did they do? They did they were a government for the people, but they were not know the difference between payroll tax and stamp not. duty. They had no idea. What an absolute embarrassment. The then Treasurer talked about his Honourable members interjecting.
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Wednesday, 29 June 2011 ASSEMBLY 2323 payroll tax cuts and the then finance minister said, ‘I news. There will be full exemptions for properties thought we were here to announce stamp duty cuts’. valued at up to $330 000, and there will be a concession How confusing. Then they could not work out how available for properties valued from $330 000 to much it cost and how many people were going to be $750 000. That is great news for pensioners. affected by it. It was embarrassing, but it was great television. It was fantastic television. The then minister Despite the financial mess we inherited from the for finance was not able to tell the difference between previous government — that is, as I have said, cuts in payroll tax and stamp duty. GST, capital blow-outs in terms of HealthSMART, myki and the Melbourne Markets, the $2 million-a-day We were very careful about our stamp duty cuts. The desalination plant costs, smart meters and lapsing stamp duty cuts we will implement on 1 July are very programs where there was no funding put aside — the important. There is a stamp duty cut of 20 per cent from Baillieu government has delivered on its election 1 July 2011. This is a great move for people trying to commitments. In the run-up to the 27 November 2010 buy their first home. Then there will be a further cut of election we said we would deliver: in this budget we 10 per cent, which will make the cut 30 per cent, by have delivered, and from 1 July we will continue to 1 January 2013. But there is more good news to come: deliver. there will be another 10 per cent cut by 1 January 2014. The stamp duty cut will build up to 50 per cent by Mr ANDREWS (Leader of the Opposition) — That September 2014. was another long speech from the Treasurer where the word ‘jobs’ was not mentioned once. But I will come What does that actually mean? It means the cost of back to that in just a moment. Is it any wonder the stamp duty for a median priced house in Melbourne Treasurer has to come into this chamber and heap valued at $565 000, which is a principal place of praise on himself and give himself a pat on the back? residence, will be $28 970. With a 20 per cent stamp He is hardly having to elbow out leaders of the business duty cut, $23 163 would be paid; with a 30 per cent community, major employers or respected financial stamp duty cut, $20 279 would be paid; with a 40 per commentators. cent stamp duty cut, $17 382 would be paid; when a 50 per cent stamp duty cut comes in, $14 485 would be There is plenty of room for self-praise. There is no-one paid. The 50 per cent cut will save people $14 485 by in the queue to praise this Treasurer or the dithering and September 2014. That is great news for first home deceitful government that he is a member of. He is buyers coming into the market. Labor had 11 years to certainly not having to elbow out anybody in order to deal with that, but it did not assist first-time buyers. In be shamelessly promoting himself. The self-praise is no addition to that, we made sure the first home owner recommendation at all, and we have just seen an grant and bonuses still remain. This is great news for example of that. This Treasurer is so inept that he is first home buyers. barely capable of patting himself on the back. We had a 15-minute speech, the first 10 minutes of which was a But the good news continues: there is a stamp duty rambling rant about this side of the house. exemption for first farm buyers who are under 35 years of age. What a great initiative for country people. It This matter of public importance (MPI) is about gives a great incentive to enable the next generation of congratulating the Baillieu government. Apparently the farmers to stay on the farm. This is great news; it is proposer of this MPI — someone who, I am sure, fantastic. As of 1 July this will affect young farmers writes his own speeches because nobody else could pen who are under 35 years of age who buy their first farm such drivel — could not even speak to his own land — that is, property — valued at up to $300 000. self-congratulatory proposal. He could not even pat That is great news for them. That is absolutely fantastic himself on the back, and we all know that nobody else news, but it is not just farmers and first home buyers is queuing up to do that work. that are affected by good news. The good news continues. At the end of the day self-congratulation and self-praise are no recommendation and no commentary on this We are improving housing affordability for pensioners, government. We have seen a government on a concession card holders and self-funded retirees. That is seven-month victory lap; a government that has been all very good news. When parents who live in a large too concerned about coming in here, week after week, family home want to downsize, we assist them in being to try to convince us all that it is a great government we able to downsize. That is fantastic news. What will should be grateful for and should congratulate. Those happen as of 1 July is that the threshold will be opposite think we should congratulate them for increased from $440 000 to $750 000; that is very good dithering and for delivering so many broken promises.
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2324 ASSEMBLY Wednesday, 29 June 2011
They think we should be congratulating those who are there a long-term plan to invest in the critical not worthy of that congratulation in any way, shape or infrastructure that defines our quality of life for this form. doubling of debt? No, there is none of those things at all. It is important to note, even though the Treasurer barely spoke to it, that the MPI talks about public Let us look at public sector wages. Perhaps we should commitments. I note the Treasurer could not talk about congratulate the government on that performance! policies because we did not have any policies before the What a stellar performance that has been! Let us tell the election; we had uncosted and unfunded press releases teachers they can be the highest paid in Australia. Let attested to by an obscure accounting firm whose only us tell the police they can have 3 per cent plus who qualification for that important task was that its knows what on top of that. Who knows what the nurses members were lunch buddies of the Treasurer. There were told or what they will get? What we have seen in were no policies or plans; there were simply uncosted the last seven months is an absolute abrogation of and unfunded press releases. The Treasurer cannot even responsibility, dishonesty and duplicity — an refer to them as policies in his MPI, an MPI — I make absolutely disgraceful performance in relation to public the point again — he could barely be bothered to speak sector wages policy. We know that teachers were lied to. to. We know that Victoria Police members were lied to; there is no doubt about that. Forgive me if I cannot Apparently we are all to congratulate the Treasurer and quite come at congratulating the government for that. his colleagues. Let us have a look at what they ought to There has been record industrial disputation and there be congratulated for. I remember well one of the have been all sorts of challenges in relation to Victoria Treasurer’s rare media performances as shadow Police and its enterprise bargaining agreement. On its Treasurer. So rare were the public performances of he performance in this area the coalition is a shambles. who pretended to be Treasurer that I am sure they had The government is not worthy of congratulations — not to explain to him that the big, long black thing was the in the least. camera and that you have to look at the camera and there might be some make-up applied beforehand. I Much was made of the government’s performance in remember the comment being made that the way to the regions. Much was made of the $1 billion Regional control spiralling debt was to not add one dollar to it. Growth Fund, I remind the member for South-West Do members remember that? Those opposite said one Coast, which was said to be ‘a regional growth fund thing before coming to power and are now doing an like no other’. The government got that right! It has entirely different thing having arrived in office. only $500 million in it, so it is without doubt like no other. I do not think that is worthy of congratulations The statement from the coalition in opposition was that either. Let us look at service delivery. Thirty-six school the way to control debt was to not add one dollar to upgrades were promised. How much money was debt. Gee whiz! What did we see in the first budget? allocated? I will quote the Treasurer when he spoke The new government did not add one dollar — it more about ‘doughnuts’. That is how much money those than doubled debt to $23 billion. In opposition coalition 36 schools have received — not one dollar. members said that debt levels under Labor were unsustainable, that they were a blight on our future In the health system we can look at a litany of broken prosperity and that they ought not be added to by one promises that are no cause for congratulations. Look at dollar, but it is great shakes for them once they are in the comment about the Monash Children’s centre, government and they can more than double debt. which was a shameful deceit of families in Melbourne’s Perhaps we should congratulate the government and the south-east. ‘We’ll match that’ was the comment, and Treasurer on that! then the government provided $8.5 million, but $8.5 million does not build a $250 million children’s As if that rank hypocrisy was not bad enough, let us hospital for the south-east. I know that, Deputy have a look at what there is to show for this doubling of Speaker, and I think you do also. We all know that debt. Is there a pipeline of major infrastructure works? $8.5 million is not $250 million, and that too is no Is there a plan to ensure that we create jobs and keep cause for congratulations. It is not just the Monash Victorians in work? I do not think so. The word ‘jobs’ Children’s that is the subject of a broken promise, cannot pass the Treasurer’s lips. He cannot talk about though. The Royal Victorian Eye and Ear Hospital jobs, let alone secure jobs or lay down a clear plan to received not one dollar. The upgrade to the Geelong create jobs. He has no plan for employment Hospital and a second hospital for Geelong’s growing whatsoever. Is there a transformation of the services southern suburbs were absolutely short changed. that are so important to Victorians? I do not think so. Is
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Wednesday, 29 June 2011 ASSEMBLY 2325
Mr Katos interjected. Let us look at another series of commitments about being an open and accountable government. This Mr ANDREWS — I hear the member for South government is not open, it is not accountable but, make Barwon say, ‘It’s coming’. That is news to his no mistake, it is absolutely transparent. If this makes constituents. It may be coming according to the sense, the government is transparently secretive. FOI member for South Barwon, but the question is: when is applications are being ruled on by political staffers, and it coming? He should keep on grinning; that will do people who are the subject of requests are ruling them him the world of good in his local community. There is out. That is open and accountable government! Then no money for the Ballarat helipad. There is no money we get to the Parliament, and I know that 2 o’clock for the Castlemaine hospital. The list goes on and on. every day is not called answer time. I know it is called That too is no cause for congratulations at all. question time, but we have got to a new low. I reckon we could ask this Premier his name and date of birth Let us look at funding for community safety and and all we would get would be obfuscation and protective services officers (PSOs). That project is over slipperiness, and no doubt it would be my fault or the time and over budget and an unmitigated shambles. We fault of one of my colleagues. At the end of the day this now have a situation where government members government, when it comes to openness and cannot tell us where the new powers will operate. They accountability, is absolutely incapable of even will leave it to the courts to determine where these new pretending to be open and accountable. It cannot even powers of PSOs will be in effect. They do not manage that, and — whether it be absolute rank and understand their own policy. This is an absolute manifest interference in police command or all sorts of shambles — there will be no toilets, nowhere to have a unanswered questions in relation to the Office of Public meal break and nowhere to shelter from the rain at Prosecutions — there are many examples where this 50 per cent of metropolitan stations. A fraction of the government should be anything but congratulated in regional stations that were promised will actually be relation to the openness and accountability that it has so delivered. It is seven months on and there is not one spectacularly failed to deliver. PSO on one train station platform as promised by this government, and that is no reason to congratulate the Then we come to myki. When that 1½-page statement government either. We will all wait, but rest assured was released — after seven months work and who that none of us will hold our breath while we wait to see knows how much money — it reminded me of the those 940 PSOs out there, two up, at every station from Remington shavers commercial that said, ‘I liked it so 6.00 p.m. until the last train. That was the promise, and much that I bought the company’. It is so bad that the that is what must be delivered. The Treasurer was not government is keeping it. It is so fatally flawed that the too keen to talk about public commitments, but I am, government announced 1½ pages of what in the and that was one of them — a flagship commitment scheme of things are relatively minor changes with no that will need to be delivered in full. money attached and no description of how much it will cost. So fatally flawed is this system, according to those If we look at transport, the Governor’s speech said the opposite, that they are keeping it, and its faults and their government was going to completely transform and remedies can be summarised in a 1½-page document. rebuild the transport system. How might the government do that when it has provided what at best Mr Mulder interjected. could be described as modest boosts in the budget? There is no transformational funding package in this Mr ANDREWS — We will wait and see. What is year’s budget. the cost? We do not know. After seven months of work, seven months sitting on the Premier’s desk, we have a Mr Mulder interjected. 1½—-page statement. This government has done nothing to be congratulated for. The Treasurer could list Mr ANDREWS — The Minister for Public barely more than 5 minutes worth of things he might Transport laughs. He thinks it is funny to have given say the government should be congratulated for. The people an impression that the government would government has failed to deliver in so many areas that it rebuild and transform the system but to have then deserves condemnation not congratulations, which even provided barely an extra carriage, barely an extra bus government members seem incapable of heaping on and barely an extra tram. This is not transformation; it themselves. The Victorian community is right to be is absolute delusion from the Minister for Public disappointed in this deceitful and dithering government. Transport. In terms of lack of service delivery the list goes on and on. The DEPUTY SPEAKER — Order! The Minister for Public Transport.
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2326 ASSEMBLY Wednesday, 29 June 2011
Honourable members interjecting. it to the Speaker. I call the Minister for Public Transport. Reset the clock. The DEPUTY SPEAKER — Order! The minister has the call. Mr MULDER (Minister for Public Transport) — Is it any wonder that we have the Leader of the Ms Allan — On a point of order, Deputy Speaker, it Opposition trying to shut down debate on this issue? is a little difficult to understand how the Minister for Public Transport was given the call when he was not Ms Allan — On a point of order, Deputy Speaker, I even on his feet. The member for Lyndhurst was on his would appreciate an explanation to the house as to why feet awaiting the call, and I ask that he be granted it. the clock has been reset. At no stage was the clock stopped. At no stage was there an indication that the The DEPUTY SPEAKER — Order! The Minister clock would be reset, nor was it called for. I ask for an for Public Transport got up from his seat and came explanation. over. I agree that he sat down, but he had been given the call as he walked to the microphone. Honourable members interjecting.
Mr Andrews — On the point of order, Deputy Ms Allan — The clock was not stopped. I ask for an Speaker, with the greatest of respect to you, if a explanation to the house as to why the clock has been member is sitting in a seat, whether it is their allocated reset, which I would have thought was an extraordinary seat or another, how can they possibly seek the call or shift, given that the clock is clearly — — get the call? The minister was not on his feet. He was sitting down on the front bench where I think the Honourable members interjecting. Minister for Ports sits. He then loped across to the table. He did not seek the call by standing up either in that The DEPUTY SPEAKER — Order! I ask the seat or at the table. How could he possibly be given the house to calm down. call? Ms Allan — What processes and what rules are The DEPUTY SPEAKER — Order! I have heard being followed in this house that meant the clock sufficient. The level of interjection from opposition needed to be reset? This is extraordinary. benches was so loud that members probably did not The DEPUTY SPEAKER — Order! I have heard hear me say, as the minister got up, ‘The Minister for sufficient on the point of order. It is at the discretion of Public Transport’. Yes, the Minister for Public the Chair to reset or stop the clock. The reason I did so Transport did walk over and sit down again — I do not was that when the points of order were being taken and know why he did that — but I had given him the call. when there was disagreement with the ruling on the Mr Andrews — On a further point of order, Deputy first point of order from the Chair, the Minister for Speaker, again with the greatest of respect to you, it is Public Transport had not commenced speaking because not what I heard that is in question; it is what I saw. The I was taking points of order. I suggest that if the Minister for Public Transport did not get out of his seat member for Bendigo East disagrees with this, she to seek the call. No-one can be given the call simply should take it to the Speaker so that we can continue because a list of proposed government speakers has debate. been provided. That is not the way the call is properly Mr Andrews — On a further point of order, Deputy and appropriately allocated. I put it to you, Deputy Speaker, I am not for a moment challenging your Speaker, with the greatest of respect, that it is not what authority to make such a ruling, but I do not recall you was said but what we all saw, and the minister did not indicating verbally to members that the clock was going seek the call by rising in his place, therefore he cannot to be reset. be allocated it. The DEPUTY SPEAKER — Order! I did not. Ms Ryall — On the point of order, Deputy Speaker, I was watching and there was no-one from the Mr Andrews — Is it your position, Deputy Speaker, opposition on their feet either — — that you are able to stop the clock and reset the clock — — The DEPUTY SPEAKER — Order! That is not a point of order. We are wasting members’ time. I have Mr R. Smith — That point of order has been ruled ruled on the point of order. If members of the on. opposition disagree with my ruling, I suggest they take Mr Andrews — You are in the Chair, are you?
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The DEPUTY SPEAKER — Order! I am listening the election are the election commitments that we are carefully. going to deliver to the Victorian public.
Mr Andrews — Is it your position, Deputy Speaker, When you look at the commitments that were not that you can stop the clock and reset the clock without delivered by the former Labor government in my informing members of your decision? No-one was told portfolio area alone — promises that were made to that the clock was either stopped or reset. Victorians and promises that the former government walked away from — is it any wonder that its members The DEPUTY SPEAKER — Order! I have heard are now sitting on the other side of this chamber? sufficient. I will say, once again, that I had given the Returning rail services to South Gippsland through the minister the call, he was on his feet, he had not got to Leongatha passenger train service — not done! the microphone and points of order were being taken, Standardising the Victorian rail network — not done! so it seemed to me immensely unfair that the clock Introducing passenger rail to Mildura — not done! should have started before he had even had the chance to say one word. If members want to dispute this ruling, The Leader of the Opposition spoke earlier about the I suggest they take the matter to the Standing Orders deceit of the south-east. Talk about deceit — the Committee so that further rulings can be made, but I promise that tolls would not be used to construct new have made my ruling. I am now going to call the roads was the greatest act of deceit to the south-east you Minister for Public Transport, and I am not going to have ever seen, and it was by the former Labor take any more points of order on this matter at this government. Closing Essendon Airport — not done! moment. Building a rail link to Melbourne Airport — not done! A tram line to Knox city — did not happen! Extending Mr Noonan — On the point of order, Deputy metropolitan rail to Cranbourne East — walked away Speaker, I respectfully request that you seek the from it! Standardising the Portland–Mildura rail line as guidance of the Speaker, who I believe has placed on a priority — not done! Introducing a new smartcard record that the clock will be stopped at his discretion transport ticketing system by March 2007 — not during question time, not during debate. delivered!
The DEPUTY SPEAKER — Order! I will take the The election promises go on and on. The ticketing matter to the Speaker. system was finally introduced on Melbourne trains in December 2009 and buses and trams in 2010. It is not Mr Noonan — I think that would be worthwhile, operating on V/Line services. The promise of a because I think the recollection of members, at least SmartBus orbital route from Sandringham to those on this side, is that it is at the discretion of the Williamstown as detailed in Meeting Our Transport Speaker during question time as opposed to during the Challenges was deleted from the program in the normal course of debate. I call the Minister for Public Victorian transport plan. It goes on and on. These Transport. promises were made to the Victorian public and not Dr Napthine — On the point of order, Deputy delivered. In the end the Victorian public no longer Speaker, 4 minutes of the minister’s time has been trusted the Labor government of Victoria, and that is taken up by frivolous points of order raised to why it was turfed out. The opposition has to accept the deliberately stifle debate. I ask that the clock be set at fact that if a government makes promises and 10 minutes. commitments to the Victorian public, it has to be prepared to deliver — but that was simply and utterly The DEPUTY SPEAKER — Order! I have given not done! the call to the Minister for Public Transport. The Baillieu government is delivering on its election Mr MULDER — Is it any wonder that the commitments and promises to such a degree that when opposition wants to shut down debate on this particular the opposition went through the Public Accounts and issue? Is it any wonder that the opposition does not Estimates Committee process it gave a hopeless want this debate to go on? The Leader of the performance and could not lay a glove on us. With its Opposition knows very well that opposition members response to the budget it could not lay a glove on us, are completely and totally embarrassed by this because all of the commitments we made are going to situation. They know exactly why we are on this side of be delivered. The budget tells the story, and that is why the chamber and they are sitting on the other side of the we are travelling as we are out there. The community chamber. We are here because we are delivering on our finally has trust in the Victorian government. We said election commitments. The promises we made prior to we would start the recruitment and training of
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940 Victoria Police protective services officers by money not only for Melbourne but also for the country. November 2014. The opposition has continued to bag This is a great budget and a great outcome from the this election commitment made by the coalition. Baillieu government.
Well, have a look at today’s opinion poll: 81.43 per The DEPUTY SPEAKER — Order! The cent said yes, we are on the right pathway; 18.5 per cent member’s time has expired. said no — they are the Labor members. Mr HOLDING (Lyndhurst) — It was Shirley An honourable member interjected. MacLaine who once said:
Mr MULDER — Your vote on this issue is heading It’s useless to hold a person to anything he says while he is in the same way as Julia Gillard’s popularity, mate — it is love, drunk, or running for office. going backwards at 100 miles an hour. There is no I will not comment on intoxication or love, but as far as doubt that it is a very popular policy position. It is not running for office is concerned, Victorians have now just about providing protection on the railway network, had seven months to see how accurate Shirley it is also about providing protection to people who work MacLaine’s observation is. Shirley MacLaine knew a within the rail industry. It is supported; it is a great strutting, haughty peacock when she saw one, and she policy. The poll tells the story; the vote told the story. would certainly spot the hubris in today’s matter of That particular policy is going to be extremely well public importance — even if it is not grasping a Gucci received. We will be a state with a railway network that toothbrush. The danger of this matter of public from 6 o’clock until the last train at night, seven days a importance (MPI) in the name of the member for week, will be the safest place to be. Our railway Scoresby is that he may be lulling himself into a false network will be a very safe haven. There will not be sense of competence, because as Victorians we are increases in the incidence of violence and assaults or a entitled to ask, ‘Did Victorians get what they voted situation like that under the former government where for?’ What does this MPI say about the Baillieu the only way to deal with the problem was to fudge the government? figures. We all know what happened there: the former government fudged the figures of assaults around Firstly, the MPI is built on a lie — on deceit, pure and railway stations and tried to paint a picture that showed simple: the claim that the government is keeping its things were actually improving. promises is simply not true. Secondly, this MPI reasserts the government’s core proposition that if it We have introduced legislation to expand the functions does nothing else, it will at least keep its promises. That of Victoria Police protective services officers to protect is a profound dereliction of the duty of government, railway stations after dark and to enhance PSOs’ because if you look at the coalition’s promises prior to powers to make stations even safer. We have funded the last election — uncosted and dishevelled; deranged through the budget a huge capital spending program and garbled as they were — when you review the that totals $6 billion. We have committed $6 billion to totality of the commitments those opposite took to the infrastructure. We have provided $100 million extra for election you are struck by the lack of any cohesive and basic rail maintenance. We said all along that you have comprehensive plan to prepare Victorians for the to get back to the basics, that you have to fix the basics challenges that our community might face in the future. on the network: we are committed to that. Through the This proposition that a government is nothing more budget we have heavily invested in infrastructure and than a tick list of promises kept or pending is perhaps service expansions, including investments of the greatest broken promise of all. The promise that it $484 million over five years for new public transport breaks is the promise that we can tackle problems and rail freight infrastructure and operational beyond what could be predicted or forecast by those improvements, and $222 million for seven new trains, opposite in November last year. What the coalition is the first of 40 for Melbourne commuters, to be fitted telling Victorians is that their grab bag of populist, out and assembled in Ballarat. focus group-tested junk is the sum total of what Victorians can expect for the next four years. That is a great outcome for the people of regional Victoria — a great outcome for the people of Ballarat. If Ted Baillieu could not predict it in November 2010, We have begun planning for the new stations of then Victorians are not going to get it. Too bad the Southland and Grovedale. That is $64 million over four coalition did not promise a jobs plan or a health plan or years at the first stage, as part of a $379 million a plan to tackle climate change — heaven help program to improve or upgrade level crossings in Victorians should a major natural disaster Melbourne and the country. So we have provided this occur. Victorians can take comfort in knowing that a
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Baillieu-Ryan government is pursuing a Red Bull air debate, ‘How do you bring down debt?’, and he replied, race and arming PSOs (protective service officers) with ‘Well, the first step is not to allow it to go further’, was semiautomatic weapons to keep our hospital emergency this not a promise? departments safe. It must be a great comfort to Victorians to learn that the Treasurer keeps a tick list of Let us just reflect on that last one, because this MPI is promises behind his desk that he manically ticks off as in the name of the member for Scoresby, the Treasurer. press releases are dispatched. Not to worry that he According to the Premier, the first step in bringing cannot tell the difference between capital and recurrent down debt is ‘not to allow it to go further’. Let us apply spending. We should be unconcerned that not once, but the Shirley MacLaine test. We know he was not drunk. twice in the same day he could not find the surplus. It When he looked into Paul Austin’s eyes, was it love? matters not that he is such a weak link in the Or was he just running for office? Prior to the election, government that he has been hidden away in the in a document bearing the now-Orwellian title ‘The Treasury Place bubble because he cannot be trusted not Liberal-Nationals coalition plan for better financial to stuff up when he appears in public. We are supposed management’, the Liberal Party railed against the Labor to feel fine that this man — the certified practising government’s ‘predilection toward spending for today accountant — armed with a tick list can be trusted with and robbing tomorrow’. The proof of this, according to our $45 billion budget, even though he cannot be the member for Scoresby, was a massive debt spiral. trusted to do a 15-minute doorstop. Imagine what Paul Austin must be thinking today. Net Let us reflect on what we have heard from the debt is set to grow faster than was ever forecast under government in the last two contributions. Firstly, we Labor and is set to rise each and every year of the heard not a list of promises that the coalition has kept; forward estimates period. Net financial liabilities will not a list of the self-congratulations that you would be higher than they ever were under Labor and are set have expected from the MPI that is before the house, to rise each and every year. Net debt as a percentage of but an attack on the opposition for our performance GSP (gross state product) will be higher than was ever when we were in government. Then we heard from the forecast under Labor. Interest payments will be higher. Minister for Public Transport and Minister for The Premier said that the first step in bringing down Roads — again, not a list of promises kept, promises debt is not to allow it to go higher — and the Treasurer acquitted, as you would expect from the MPI that is wants this house to congratulate the Premier today before the house. Instead what we heard was a list of because he claims he has kept this promise! promises that the coalition claims the Labor Party did not keep while it was in office. Government members We all remember the promises that members of the cannot even speak to their own MPI — their own sense then opposition made prior to the election. They said of self-congratulation — that is before this chamber. taxes were at a record high. Heaven forbid that they However, let us put the government members to their might find that, once more, taxes are at a record high! own test: can they be congratulated for keeping the Those opposite said expenditure was too high and had promises they made before the last election? to fall. Now we find that expenditure is at a record high. They said debt was unsustainable and had to fall. They How can this house congratulate the Baillieu have brought down a budget that will double debt over government, as we are asked to do, ‘for delivering on the period of this government’s four-year term in office. public commitments made to the Victorian people’? They have stalled infrastructure projects, and they have When Victorian teachers were promised by the now misled public sector workers — community sector Premier that ‘we must immediately lift the pay of workers, teachers and police — on wage outcomes. teachers in our school system so they are not just equal with other states, but the highest paid in the nation’, This government has not kept its promises to the was this not a promise? When the now Premier Victorian people, and it has betrayed them — not only promised $165 million for a new Royal Victorian Eye by breaking its promises. Where is the Treasurer’s debt and Ear Hospital, was this not a promise? We now reduction strategy that he promised on multiple learn that the $2 million for the helipad at the Ballarat occasions? It has no doubt disappeared into one of the hospital was not a promise. Where are the protective government’s black holes, because we have seen services officers armed with semiautomatic weapons in nothing of the Treasurer’s much-vaunted debt reduction hospital emergency departments? Was this not a strategy that he promised prior to the government’s promise? When the Premier promised police members election to office. that they would receive wages that did not go But the biggest broken promise of all is the promise that backwards, was this not a promise? When the now Victoria can be a better place by responding to the Premier was asked by Paul Austin in the pre-election
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2330 ASSEMBLY Wednesday, 29 June 2011 challenges that our community faces. Where is the jobs This morning I was in Brunswick West making some plan? Where is the plan to tackle climate change? announcements about rebates for water-efficient Where is the plan to build vitally needed infrastructure appliances. The comment of a gentlemen there who has for our state? Where is the plan to make Victoria a a water-efficient house with tanks was, ‘The desal plant fairer place? Where are the plans that Victorians need cost the Labor Party the election because it was not to build the sort of lifestyle that we have come to expect needed’. The Labor Party broke its promise, and it is and that we need in the future? Where is the plan for going to cost Melbourne water customers a lot of our education system? Where is the plan for our money into the future. hospital system? These are the things that any decent, reasonable government would be providing. These are I look at the other great broken promise that the Baillieu the things that this government has not provided, government has actually fixed — that is, the because it is asleep at the wheel. The member for north–south pipeline. That broken promise was to never Brighton personified it — — take water from northern Victoria to southern Victoria. The Baillieu government has plugged that pipe. I notice The ACTING SPEAKER (Mrs Victoria) — the member for Benalla walking past me at the Order! The member’s time has expired. moment; this issue of making sure the pipe was plugged is something he has been very passionate Mr WALSH (Minister for Agriculture and Food about. The central region water strategy that the Labor Security) — It is a pleasure to rise to support the matter Party prepared in 2005–06 — its own water strategy — of public importance proposed by the member for said it would not take water from northern Victoria to Scoresby: southern Victoria.
That this house congratulates the Baillieu government for Mr Weller — They lied. delivering on public commitments they made to the Victorian people. Mr WALSH — As the member for Rodney says by One of the election commitments that the Baillieu way of interjection, it was a lie. They lied. We have government made was to lift the lid on Labor’s secrecy now plugged that pipe for the future. when it comes to water projects. It has revealed the true cost of the Wonthaggi desalination plant. If you look at One of the things that water strategy said was that the desalination plant, you will see that it will cost Melbourne had other options for water in the future — Melbourne water customers $654 million every year for and Melbourne does have other options for water in the the next 27 years. The opposition, when in government, future. If you look at what can be done in Melbourne, has condemned Melbourne water customers to paying you will see that every year something like 500 000 the Holding desalination tax for the next 27 years. The megalitres of stormwater runs off streets and roofs. If previous water minister in effect put a $400 annual fee we harvested some of that water for non-drinking on every household in Melbourne which they will be purposes, it would take the pressure off our storages. paying for the next 27 years. A new home buyer who Every year 300 000 megalitres of wastewater are goes out and buys a home this year will most likely pumped out to sea — again, a lost opportunity. have paid off their mortgage before they stop paying The Labor Party ignored these options when it was in the Holding desalination tax. government. It wanted to go for the big helicopter ad Let us look at what the Labor Party said about and the big announcement instead of dealing with the desalination in 2006. At that time the Labor Party said issues that really count. Looking at the issue of the desalination was a hoax, but seven months later it was north–south pipeline, if you go to the Yarra River building the largest desalination plant in the Southern storages at the moment, you will see that they are full. Hemisphere. It is going to cost every Melbourne water You cannot pump water from northern Victoria. The customer $400 per year, whether water is taken or not. Labor Party in government broke faith with Victoria The previous government did not just break that and broke the promises it made, and that is why its promise, it employed an advertising agency and hired a members are now sitting on the other side of the house. red helicopter so the then Premier could fly over the One of the things the Baillieu government is going to area and make a grand announcement about it. do, through a ministerial advisory council, is make sure Members of the previous government broke their it increases the opportunity to harvest stormwater for promise on something they said they would not do — non-drinking purposes and recycle water for on something they called a hoax — by turning around non-drinking purposes. and doing it.
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One of the other great projects of the Labor Party when from an urban or a non-metro urban water supply it was in government in 2002 was its promise to system. The rebates will be available to all Victorians; upgrade the eastern treatment plan. That was nearly there is no discrimination by the Baillieu government in 10 years ago and that project has not been finished yet. relation to these water projects. The Baillieu government will make sure it is finished, and recycled water from that plant will be used. If you Looking at some of the other water projects the Baillieu look at what goes out to sea at Gunnamatta, you can see government has already started, it has delivered as a that it is a blight on a modern society. I encourage any government on starting the planning to secure the water members of this house who have not been to supply for the Lindenow vegetable growers. I will be Gunnamatta to go there and see what will be changed down in that area with the member for Gippsland East when the Baillieu government makes sure the eastern for the first meeting of that group to look at water treatment plant is upgraded and that water which is supply security for the Lindenow Valley. The previous effectively raw sewage stops going out to sea. so-called Independent member for that area may have delivered the Labor Party government but he did not The other great promise broken by the previous deliver very much for his electorate. For the 11 years he government was made by the then Premier when he was the member for that electorate he did not do promised new water supplies in northern Victoria anything about trying to secure the water supply for the through water modernisation projects. He promised Lindenow Valley. there would be a massive amount of water out there if the system was modernised. One of the promises the It is a great pleasure this morning to support the Baillieu government made was to appoint an energy Treasurer’s matter of public importance, which and water ombudsman to investigate those projects, highlights how the Baillieu government is delivering on because the deals on those water projects were so secret the public commitments it made to the Victorian that a business plan was never drawn up. Nearly people. $3 billion was going to be spent in northern Victoria between the north–south pipeline and the food bowl 1 Honourable members interjecting. and food bowl 2 projects, and it was so secret that The ACTING SPEAKER (Mrs Victoria) — effectively a business case was never made. The Order! Before I call the member for Richmond, could I ombudsman will lift the lid on the secrecy of the Labor please ask for a little bit of hush in the chamber; it is Party about water projects. very difficult for me to hear.
A great project I had the opportunity of announcing this Mr WYNNE (Richmond) — I rise to make a morning is the provision of $40 million in rebates over contribution to debate on this matter of public the next four years for the purchase of water-efficient importance. I have listened quite intently to the debate appliances. This is more than double what the previous so far and it has been a most extraordinary contribution government spent on these initiatives. There are two by what could only be categorised as an opposition in additions to the list of appliances that qualify for exile. There was not one contribution from the rebates. The first is a $150 rebate for anyone who buys government side that addressed any of the so-called a water-efficient washing machine — one that has a policy contributions made by the government. It is 5-star water rating and a 4-star power rating. This is an almost as if government members are uncomfortable opportunity for people to take advantage of a great being on the government benches. policy initiated by the Baillieu government. They can upgrade their washing machine and save water. There Dr Sykes — Very comfy! is also a $1000 rebate for people who want to buy a water tank with a capacity of greater than 4000 litres. Mr WYNNE — They are very uncomfortable being Provided the tank is plumbed through the toilet and the on the government benches. The truth is that they did laundry they will get their $1000. As we all know, if not expect to win and they have fallen into government. you are going to put a tank on a house you need to The most interesting thing for me in reflecting back plumb it through the toilet and the laundry to get the over the last six months has been that the opposition has most efficient water savings from the potable water provided to the state — — system. Dr Sykes interjected. The really great thing about this policy from a country point of view is that these rebates are available to all Mr WYNNE — The member for Benalla — there Victorians. The Labor Party in government only made he is; the epitome of arrogance and hubris, which very the rebates available to people who had water delivered much infects the way this government seeks to operate.
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It is a sad thing. He is not a bad bloke, but dear, oh $1 billion; in fact it is a $500 million budget dear; he ought to focus on governing and not on commitment over four years. It is a ruse that has been arrogance. played out in regional Victoria. Local government has worked it out — do not worry about that — and it is all If we reflect back on the last six months, what comes to over this. Over the next three and a half years the mind is a government that is confused, a government coalition will see what local government will have to that did not expect to win and a government that has no say about this so-called $1 billion provided by the narrative. It has had nothing to say to the Victorian government to support regional Victoria. people over the last six months about how it wants to bring the community on with it. That is the most One of the most profound disappointments is that the profound sentiment I can bring to this debate today. government is walking away from any climate change There is no narrative, there is no sense of direction, and strategy. The Minister for Environment and Climate the government is failing to lead and bring the Change, who is at the table, knows that the coalition community with it. walked away from a courageous commitment made by our government to close 25 per cent of the Hazelwood It is to the great discredit of this government that after power station, which is the dirtiest power station in the six months we find ourselves in this position. You state. would have thought after the first flush of euphoric victory you would say, ‘We are going to settle down The government has committed to a 20 per cent now — — reduction in CO2 targets. How will the government achieve that if it does not close the dirtiest power station The ACTING SPEAKER (Mrs Victoria) — in the state? What is the Premier’s answer? The Order! Through the Chair, please. Minister for Environment and Climate Change gets up every morning and cannot believe he is a minister. He Mr WYNNE — You would have thought has been here 10 minutes and he cannot believe it: here government members would say ‘We are going to settle I am in the white car, away we go for the day. Let me down now and we are really going to bring this tell the minister that the environment movement thinks community along with us’. But all we have had over you are a joke — — the last six months is broken promise after broken promise. The community has worked this out and The ACTING SPEAKER (Mrs Victoria) — people are profoundly disappointed in this government Order! I ask the member on his feet to speak through because ultimately it stands for nothing. the Chair and to not attract interjections.
One of the most important things that sets the theme for Mr WYNNE — Sadly, the minister invites it, a government is its budget and this budget contains Acting Speaker. He is an absolute joke. The most absolutely nothing about one of the core or fundamental telling thing was that the Premier said, ‘Those values at the heart of this opposition — that is, jobs. In environmental targets were aspirational’. They were not the Treasurer’s 33-minute budget speech there was not aspirational targets when the coalition went to the one word about jobs, not one word about a vision for election. They had set very clear targets when they jobs and not one word about investment — not a word. went to the election. But what happened? After the What does that tell you about how this government election, the government said, ‘We had to recalibrate thinks our community should prosper? Should our and reconsider our position’. It has nothing to say about community prosper when people have opportunities for jobs, there is a doubling of debt and it has walked away work and training and the dignity that comes from from its environmental targets. employment? The budget was absolutely silent on the fundamental question of jobs. As I said, that is to the One of the most interesting things about the last six great discredit of this government. months is that we have heard nothing about fairness. Fairness is an interesting and new concept for the The government said that it would have a prudent, government. Fairness is about ensuring that everybody responsible budget but, as my colleague the shadow in the community gets a go, but the most vulnerable in Treasurer indicated in his contribution, debt is forecast our community have been completely left behind by to double to $23 billion. There are no jobs, there is no this government. I want to reflect for one moment on vision and there is a doubling of debt. the budget, which provided no new funding for the upgrade or acquisition of new public or social We know claims about the value of the government’s housing — not $1. Yes, there is $500 000 for planning much-vaunted regional development strategy, the of new foyer projects, and that is a good thing. We $1 billion Regional Growth Fund, are lies. It is not
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Wednesday, 29 June 2011 ASSEMBLY 2333 support those projects, but there is not $1 in this budget paper 3, which outlines the government’s response to a for the acquisition of new public and social housing. natural disaster.
The number of people on public housing waiting list In terms of problems for the opposition, I just want to has gone down to 37 000. That has not happened make a point about the contradictory approach that the compliments of this government but compliments of opposition is taking to election promises. On the one the former government, yet the government hand, the Leader of the Opposition has said from disingenuously seeks to claim some credit for it. It is a day one that the government must honour its election disgrace that the government seeks to claim some credit promises — and that is a reasonable perspective for a for a decrease in the public housing waiting list. If the Leader of the Opposition to take; it is a perfectly government does not invest in new public and social reasonable political view. The problem for the Leader housing and fairness is not part of its agenda, this of the Opposition is that there are other members of his waiting list will not go down. I ask people to reflect on party who have a contrary view. By way of example, the fact that on these bitterly cold nights people are the member for Lyndhurst just described election sleeping rough within this parliamentary precinct. promises as ‘junk’, yet the Leader of the Opposition has Shame on you! as his whole mantra that the Baillieu government must implement election promises. Indeed I also make the The ACTING SPEAKER (Mrs Victoria) — comment that there are members of the opposition who Order! The member’s time has expired. have called on the government not to honour certain election promises, such as, by way of example, two in Ms ASHER (Minister for Innovation, Services and my electorate. The opposition needs to work out its Small Business) — I wish to support the member for own mantra in terms of the election promises it wishes Scoresby in this matter of public importance, which us to commit to. congratulates the government for delivering on the public commitments it has made to the Victorian I refer all opposition members to page 13 of budget people. paper 3, which quantifies the way in which the government has implemented its election promises. In The first point I make is that it is absolutely our first budget we made promises in terms of revenue fundamental for a newly elected government to and output initiatives to implement $5.21 billion of implement election promises. I know it will come as a election commitments, and in the budget we delivered great shock to the Labor Party that there is a on $5.1 billion of those recurrent commitments. In government in office that actually wishes to honour the terms of our asset commitments, we made election commitments it made during the election campaign; it promises totalling $2.4 billion, and in this budget we wishes to reinstate trust with the people. But our have delivered on $1.1 billion. I think that is an mission, certainly in our first budget — and it will also extraordinary achievement in the implementation of be in our second budget in terms of capital election commitments. commitments — is to deliver on our election promises. We promised we would fix the problems and build for In case the opposition does not understand some of the the future. That is the narrative of the government, and promises we have implemented, I am happy to touch on that is what we are doing. a number of areas. We have funded the largest ever recruitment of front-line police in a single term of The second point I make is that the member for government in Victoria’s history, spending a massive Lyndhurst made a comment along the lines of, ‘Heaven $602 million to fund 1700 additional front-line police help us if a natural disaster occurs in addition to the by November 2014. We have started the recruitment government’s election promises’. He sought to and training of 940 Victoria Police protective services prosecute a case that the government was only going to officers. We have already introduced tougher sentences. focus on election commitments and would not have the We have abolished suspended sentences and we are capacity to deal with his example of a natural disaster. I abolishing home detention. We have made significant refer the member for Lyndhurst to pages 94 to 101 of attempts to reduce pressure on the cost of living. In our budget paper 3, where the government’s response to a first budget we have delivered massive stamp duty cuts natural disaster — the floods — is set out. Whilst the for first home buyers, pensioners and young farmers. member for Lyndhurst likes to lambast the Treasurer We have given relief to farmers, and we have given and regards it as a bit of daily sport, I find it completely relief to families in the form of a 50 per cent reduction and utterly disconcerting that the shadow Treasurer in ambulance membership fees. We have provided appears not to have read a significant slab of budget $445 million for eligible households to benefit from electricity concessions, and we have brought in — and
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2334 ASSEMBLY Wednesday, 29 June 2011 the minister touched on this yesterday — concessions I make the point again, and refer members of the to enable water and sewerage concessions to keep pace opposition to the honouring of election commitments in with increasing costs, and that will benefit my portfolio, as outlined at page 14 of budget paper 3. 815 000 Victorians. A raft of election commitments that we took to the last election have been implemented in the first budget. I In health, we have provided a record $13 billion in contrast this with what we saw in the 11 years of the 2011–12, including new programs to improve health Labor government. I remember, as would you, Acting service delivery and to cut waiting lists. In the budget Speaker, a no-tolls promise and I remember a we have included $448 million to provide 800 new no-desalination plant promise. I remember it being hospital beds. In education, we have created a new called a hoax, and Victorians were told they would not $100 million school maintenance fund and invested have one. I remember the commitment that water $208 million in school capital works. We have seen a would not be taken from north of the Great Dividing record investment in autistic schools. The member for Range to south of the Divide. Just off the top of my Richmond raised the issue of disadvantage in our head I remember those three commitments that were community. We have supported students with autism. made by the Labor Party in government. It is no We have boosted funding to Catholic schools, we have wonder that the Labor Party finds a proposal to talk funded the employment of 100 maths and science about honouring election commitments so offensive. specialists in primary schools, and the list goes on and The Labor Party openly lies in advance of elections; it on. has a long track record of lying to the public prior to elections. We put up a raft of election promises. We are In my area of business, which is integrally linked to delivering, and we are implementing our election jobs — and again the member for Richmond asked, promises. I know this is a different style of government, ‘Where are the jobs?’ — we have implemented a but it is a coalition government. number of significant commitments that will result in increased jobs. We have halved liquor license fees for Ms ALLAN (Bendigo East) — We have the Kath 10 000 small businesses. We have reversed Labor’s and Kim motion before the Parliament, the ‘Look at clearways laws, which damaged small business acutely. moi, look at moi’ motion from this shameful By way of example, in the city of Boroondara a study Liberal-Nationals government. It is quite remarkable. showed Labor’s impact on small business as being in Government members are asking us to ‘Look at moi’ the order of $500 000 to $700 000 in reduced sales and they are saying, ‘Aren’t we good, Kimmy, aren’t across the whole area. That local government study we good, Kath, for all the things that we’ve done over suggested that losses could range from $9000 to the past six months?’, when we know that the complete $13 000 a business. The City of Stonnington also opposite is true. undertook an analysis of Labor’s clearways policy in High Street, Armadale. That study looked at an I am pleased that the Minister for Tourism and Major approximate loss of $30 780 per annum per shop on Events is here in the chamber. Can I suggest a new High Street. event for her to put on the Victorian major events calendar. It is the international backslapping event. The government has made every attempt to rectify the During the course of the last six months of this damage that Labor caused to small business. We have Parliament, the government has provided the reformed Easter Sunday trading, which is something opportunity for three government matters of public the opposition opposed vigorously in this Parliament. importance to be put before the house. The first one We have allowed businesses to take advantage of the was: Easter Sunday holiday. That is another example of our looking at boosting jobs. We have restored an element That this house congratulates the Baillieu government for the of judgement for local councils in their deciding on many policy initiatives implemented in its first 100 days … regional public holidays. The previous government The second one was: received letters from schoolchildren indicating that its policies on public holidays were adversely impacting That this house congratulates the coalition government on its pastoral shows and jobs in regional areas. We have many achievements for the people of Victoria … launched a brand-new tourism campaign, which is And now we have the one today, which is phase 10 of the Jigsaw campaign. That was launched a self-congratulatory and heaps self-praise upon couple of weeks ago, and we are incredibly confident government members whilst they are dithering in so that that campaign will increase tourism jobs, which are many different areas, which means that the job they currently at 185 000 and, we hope, growing.
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Wednesday, 29 June 2011 ASSEMBLY 2335 were elected to do, the job they put their hands up for, Honourable members interjecting. is just not being done. Ms ALLAN — I suggest that rather than interjecting The area I want to focus on during most of my and trying to be smartypants, members opposite contribution today is the response to bushfire-affected actually read the report and see how they have communities. This is a serious area of public policy repeatedly failed to do what they said they would do. which takes up a lot of focus for those bushfire-affected The standard was set by members of this government communities. I am of course referring to the Black for themselves. They said they would implement each Saturday bushfires of 2009. and every one of the royal commission’s recommendations, and they have failed those Victorian If there is one area across this government where communities to which they made this promise, because, government members are not delivering on public to put it simply, they have not moved to implement commitments that they made to the Victorian people, it each and every one of the royal commission’s is in this area. Members of this government when in recommendations. opposition made much of travelling around the state during the two years after the bushfires of Black Let me share with the house those recommendations Saturday in 2009 and scaremongering and ramping up that government members have walked away from. A the debate around what the then Labor government was recommendation from the royal commission requests doing to support bushfire-affected communities. It is an that the Country Fire Authority have in place guidelines area in which government members led communities to to assess permit applications. Government members believe before the last election that they would deliver have walked away from that recommendation. There on each and every one of the recommendations in the was a recommendation around changing provisions in final report of the bushfires royal commission. They the Building Code of Australia to remove what are said this sight unseen — that is, even before the final known as ‘deemed to satisfy’ provisions. When you report was handed down. read the government’s response, it indicates clearly that government members have raised this matter with Government members when in opposition said that they Standards Australia, which has said that it is not going would implement all the recommendations of the to make this change, and the government has accepted bushfires royal commission. Government members that. It is there in black and white that government repeated it ad nauseam; they said it constantly. In members are not implementing this recommendation. saying it constantly, they also created doubt and raised Therefore they are not implementing each and every fear in local communities about what the then Labor one of the royal commission’s recommendations, and government was doing to support those communities. they are failing Victorians by their continued repetition that they are implementing these royal commission With the handing down in this Parliament of the recommendations. government’s own implementation plan we have seen that government members have failed to meet the There is a recommendation to ensure that a vendor’s standard they have set. They set the standard for how statement including current bushfire attack levels of governments should respond in this circumstance. They assessment is issued when homes are sold. Government said that they would implement each and every one of members are not implementing this recommendation the bushfires royal commission’s recommendations. either. We have repeated examples. When you go into They gave a solemn promise to each and every the detail of this document, it is absolutely clear that Victorian. Members will recall that all of us were very government members have walked away from what the deeply affected by the bushfires of Black Saturday. The royal commission has asked for. Premier was reported in the Australian Financial Review of 2 August 2010 as saying that he would The issue here is that if government members have implement all those recommendations ‘lock, stock and departed from what the royal commission has asked of barrel’. He said repeatedly that a coalition government them, then they should be open and honest and say would accept all the recommendations that were made why. Members of the previous government did this. by the royal commission. What we saw with the When we handed down our response to the bushfires handing down of the implementation report was that royal commission report we made absolutely clear the government members have not implemented each and areas where we agreed with the royal commission and every one of the recommendations as presented by the the areas we had a disagreement with. They were well royal commission. They have presented to this publicised and well articulated. We made no secret of Parliament a document that is slippery in its language. the fact that we had different views on the recommendations relating to the undergrounding of
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2336 ASSEMBLY Wednesday, 29 June 2011 powerlines and the acquisition of land. We had the The government has failed to have the courage to say courage of our convictions to be honest with the why it had a different view from that of the royal Victorian community and tell it that we had a different commission. That is all we are asking for — some view. honesty. Government members should tell us why they have a different view from the royal commission and In contrast, we have seen tabled in this place a why they are going down a different path to the one the shameful, slippery, backsliding document. It is only royal commission recommended, and then tell us why when you take the time to go through each of the that is not inconsistent with saying they are detailed recommendations, examine what the royal implementing each and every one of the bushfire royal commission has asked and examine the government’s commission recommendations. It is a blatant broken response, that you see that government members are promise, and the government has failed repeatedly walking away from a number of the bushfire-affected communities. recommendations made by the bushfires royal commission. If that is not breaking a promise, I do not Dr NAPTHINE (Minister for Ports) — I am proud know what is. There can be no argument that that is a to support the motion and I am extremely proud to be broken promise — a promise that was made solemnly part of the Baillieu coalition government that is and repeatedly to the Victorian community. It was an genuinely delivering on the public commitments made election commitment that was used to belt the previous to the Victorian people prior to the November 2010 government over the head for having a different view. state election. We had a different view, and we were strong and courageous enough to articulate that view and to say I am proud to be part of a government that has a track why we had a different view and to be judged by that record of listening — and it continues to listen — to the view. Victorian people, responding to them with genuine public commitments and then delivering on those Now we have a government that has been prepared to public commitments. This is occurring after 10 years of conceal from the Victorian community the fact that it lies and deceit and conning the Victorian people, where has walked away from its solemn pledge to implement spin was king under the previous Labor government. each and every one of the bushfire royal commission This is a new system of government in Victoria, and I recommendations. It has broken the election promise am proud to be part of it. that it made to the Victorian people, and for government members now to bring to this house a One has only to look at today’s Auditor-General’s matter of public importance urging that the house report to see that it is an absolute indictment of the congratulate the government for delivering on public previous Labor government. Every member of the commitments made to the Victorian people is previous Labor government, and particularly — — absolutely shameful and hypocritical and goes against the evidence that is before the Parliament, before the Ms Graley — Acting Speaker, I draw your attention people of Victoria, saying the complete opposite. to the state of the house.
This is a government that has walked away from Quorum formed. implementing each and every one of the bushfire royal Dr NAPTHINE — I am glad there is a quorum commission recommendations. I have mentioned three present to hear my criticism, based on the of them, but there are more. The commitment for the Auditor-General’s report, of the previous Labor non-compulsory land acquisition recommendation is government. Labor members should hang their heads in another one — the criteria are being written in such a shame because they cost the Victorian taxpayers at least way that this recommendation will never be $3 billion through their incompetence and implemented in full because there will be very few mismanagement. Former government ministers parcels of land that will meet the criteria set out by the Brumby, Hulls, Lenders, Holding and the current government. Leader of the Opposition are absolutely the There has also been much discussion of the reincarnation of Labor’s original guilty party. Through recommendations around the undergrounding of their monumental incompetence and mismanagement powerlines and the bundling of the SWER single wire they cost Victorians $3 billion. earth return lines. This again is a recommendation Only the Labor Party could stuff up the sale of poker showing, as you see when you read the words the machine licences when there is a market of willing government has put in its report, that it is walking away buyers out there for those licences. Only the Labor from what the royal commission wanted as well. Party could deliver a result that has put money into the
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Wednesday, 29 June 2011 ASSEMBLY 2337 pockets of the big poker machine operators and taken it services officers; we are abolishing suspended out of the pockets of ordinary Victorians. This has cost sentences; we are abolishing home detention, and we Victorians more than Cain and Kirner cost with respect are easing the cost of living pressures on Victorian to the Victorian Economic Development Corporation, families with year-round electricity concessions. Even the then State Bank of Victoria, and Tricontinental. In the opposition would have to say that that is good for his report the Auditor-General said: Victorian families. I want to hear the endorsement from the opposition. Is that not good for pensioners and The industry paid $980 million for the right to operate Victorian low-income families? I urge the opposition to EGMs over a 10-year period. come on and get on board — it is good for Victorian … families!
We valued the EGM entitlements in the range of $3.7 billion As well as that there are significant increases in water to $4.5 billion, with a midpoint of $4.1 billion. and sewerage concessions for eligible families and Labor Party members ought to come in here, hang their households and a 20 per cent cut in stamp duty for first heads in shame and apologise to the people of Victoria. home buyers, increasing to 50 per cent by September What is worse, the Auditor-General says: 2014 — another good policy that I would have thought the opposition would endorse. There was a lack of decision review points … DPC and DTF appropriately raised concerns on the merits of proceeding What about the 50 per cent cut in ambulance with the auction with their respective ministers. However, no subscriptions from 1 July? I will bet not one of the formal review was undertaken. opposition members will knock back their 50 per cent … cut. They will be the first in the queue to get their 50 per cent cut. What they should be doing is thanking Large venue operators, rather than the community, are the the Premier and the Minister for Health for delivering a beneficiaries of this windfall gain. 50 per cent cut in ambulance subscriptions while at the That shows the level of incompetence and same time delivering 340 additional ambulance officers mismanagement under Labor. right across the state — there will be more ambulance stations and ambulance officers and a cut in ambulance The members responsible — the Leader of the subscriptions. Opposition at one stage was the Minister for Gaming — should hang their heads in shame. Indeed, I Stamp duty relief for young farmers is really important suggest he should resign. The Deputy Leader of the for country Victoria. There is also free entry for Opposition, who was Deputy Premier at the time, children to visit our great zoos, including Melbourne should resign. The former Minister for Finance, Zoo, Healesville Sanctuary and Werribee Open Range WorkCover and the Transport Accident Commission at Zoo. What about country Victoria? There is the the time, the member for Lyndhurst, should resign. The $1 billion Regional Growth Fund. What a fantastic former Treasurer, John Lenders — a member for achievement. That is terrific — absolutely fantastic — Southern Metropolitan Region in the other place — for country Victoria. On top of that there is $9.4 million should also resign. This is the most disgraceful for advancing country towns, including Heywood in performance of any government in the history of my electorate. There is $890 000 over four years to help Victoria. Former government members should be Heywood achieve its potential, to reduce ashamed. They should apologise to the people of unemployment and to target indigenous unemployment. Victoria. They have cost Victorians at least $3 billion. There are similar programs valued at $810 000 to $890 000 for Alexandra, Benalla, Clunes, Colac, Lakes The Labor Party should never be elected to government Entrance, Mallee Track, Meeniyan and Robinvale. in this state again, and one needs to remember that, with These are great programs for country Victoria. We have respect to Labor Party members, it is built into their allocated $160 million for rural councils to fix rural DNA to lie and cheat to get into office. They are roads and bridges. There is $15 million for passing incompetent when they are in office; they simply lanes on the Princes Highway. There is also a great cannot manage projects or money. All they are initiative to build a new port at Hastings — an interested in is self-aggrandisement, spin and absolutely fantastic and significant project for this state. self-preservation. In the 45 seconds I have left let me briefly talk about By contrast, we are delivering on our public the $79.5 million for the racing industry that has come commitments: we are providing 1700 additional from unclaimed dividends and the return of state taxes front-line police and 940 Victoria Police protective from on-course wagering. This is great for racing. It
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2338 ASSEMBLY Wednesday, 29 June 2011 recognises that racing is not just a great sport but is also say if Ken Jones was offered a position as either the a significant contributor to the Victorian economy and chief commissioner or the head of an independent, employer of 70 000 people. Can members imagine how broadbased anticorruption commission. He could not much better Victoria would be if $3 billion had not say whether it was some grubby exercise to gather dirt been taken away because of the incompetence of the on the chief commissioner. All he could say was that previous government? Every Victorian should be the meeting was held in good faith. writing to the Labor MPs saying, ‘This is an absolute disgrace; you should resign’. The senior police adviser to the Minister for Police and Emergency Services, Tristan Weston, had his authority Mr MERLINO (Monbulk) — I rise to join the to work in secondary employment immediately revoked debate on this matter of public importance (MPI). by Victoria Police following an Office of Police When you have a self-indulgent motion like this before Integrity investigation. Mr Weston subsequently you, the first thing you do is you refer to original resigned from Victoria Police to avoid answering any promises and test the claim in the MPI. Last year there questions. The Premier says Tristan Weston has his full was a lot of rhetoric around accountability, openness confidence, yet the Deputy Premier has made it clear and transparency. The now Premier said in November that Mr Weston will not be returning to his office as an 2010: adviser and will not be advising the government on police matters. Why is this? The minister refuses to say There will be no hidden agenda, no spin, no secrecy. why. How can Mr Weston have the full confidence of Accountability and transparency will be the principles that underpin our government … the Premier while the Deputy Premier is refusing to work with him? If that is not an indication of whom I am happy to make that newspaper report available to Mr Weston’s true masters are, I do not know what is. the house. When did the Liberal Party or The Nationals This is a complicit Premier and ignorant minister. What give any indication that within seven months of coming role has Mr Weston played in this shameful episode? into government they would sack the Chief Why was he under investigation? Why did Victoria Commissioner of Police and force the Director of Police feel it necessary to immediately remove Public Prosecutions out of office? We have witnessed a authority for his secondary employment? disgraceful period in the history of the relationship between government and the independent office of the This government has been up to its neck in an Chief Commissioner of Police. You cannot be open, orchestrated campaign to undermine the independence accountable and transparent with the Victorian of the office of the police commissioner. This was a community if you cannot be open, accountable and black day in the history of Victoria. It is not just the transparent within your own government. That is what Labor opposition that says that. Former Liberal Premier we have seen. Jeff Kennett said:
The Minister for Police and Emergency Services said I believe a shocking precedent has been set and that a chief commissioner has been forced to resign because of an this of the former Chief Commissioner of Police: unrelenting campaign against him. Some will be celebrating for all the wrong reasons. I’ve not seen the like of the campaign that’s been run against him, never seen the like of it in my 18 years in politics and in And they did. On the day of the announcement of my similar time in private life … It is unremitting and it’s remorseless. Simon Overland’s forced resignation, all around this Parliament government members and government staff The minister was talking about his own government, were smiling. They had smiles on their faces. They his own colleagues and his own staff. Behind the back were proud of their cowardly and disgraceful of the Minister for Police and Emergency Services and behaviour. They were proud of the role that they played the then chief commissioner, the chief of staff to the in destroying the independence of police command. Premier and the Premier’s closest adviser, Michael They should hang their heads in shame. Kapel, met with Sir Ken Jones, the deputy governor of Victoria Police, at Sir Ken Jones’s home. The Minister John Silvester from the Age has this advice for the for Police and Emergency Services said this was Minister for Police and Emergency Services: inappropriate; the Premier on the other hand said the And mate, it might be time for you and Ted to call in meeting was held in good faith and was appropriate. your …troops for a coach’s address as it is clear people in However, the Premier could not say what was both your office and the Premier’s have no idea about police discussed. He could not say if the future of the then independence. Which is why they stuck their bibs in behind chief commissioner was discussed. He could not say the scenes and tried to become players in police politics. whether the police minister was informed. He could not
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Wednesday, 29 June 2011 ASSEMBLY 2339
It is an absolute disgrace. between the minister and Mr Payne is another reason why this report should be tabled. The process to select the next Chief Commissioner of Police is now under way, and it is under way with a Yesterday we saw another chapter in the shambles of significant and unfortunate legacy from this whole the government’s protective services officers (PSOs) sorry saga. Every candidate for the position of chief policy. If members go back to their promise, they will commissioner will know that if they fall foul of this see that government members said there would be government, it will stop at nothing and it will not PSOs at every single metropolitan station, but yesterday hesitate in getting in the gutter until they are gone. Toe we were informed that that will not be the case and that the line or you are out — that is the message from this PSOs will be moved. The policy, which I will also government to police command. table, says ‘protective services officers on every train station’, and that they will give ‘blanket coverage’. It We saw a glimpse of that yesterday at the press says also that ‘PSOs will be permanently stationed’ on conference with the acting chief commissioner and the every train station and that they ‘will be deployed Minister for Police and Emergency Services. The acting exclusively on train stations’. chief commissioner was asked whether he could work with Mr Weston if he was reinstated. Behind the acting That will not be so, according to comments made at chief commissioner’s back, Big Brother-like and yesterday’s press conference. When are members of overbearing, the minister intervened and said the this government going to fess up and say what they are question was ‘irrelevant’. Irrelevant to whom? The really going to do with PSOs? They have had seven journalist, Stephen McMahon from the Herald Sun, months to work on this policy and they could not even rightly persisted and asked the question and Ken Lay answer the question ‘What does working in the vicinity responded. of a train station mean?’. This is a shambles and it is over budget. Government members are not delivering Under this government, it is their way or the highway. where they said they would and they are not delivering The right of the media to ask any question it sees fit and when they said they would. the right of Victoria Police to answer questions independent of the Victorian government are out the Mr R. SMITH (Minister for Environment and window. Who does this minister think he is? This is not Climate Change) — It gives me great pleasure to a dictatorship where the only ‘relevant’ voice and follow the faux outrage of the member for Monbulk opinion are of those who drive around in big white cars. and speak on the matter of public importance proposed by the member for Scoresby, which states: This underhanded behaviour and secrecy continues around the removal of the Director of Public That this house congratulates the Baillieu government for Prosecutions, Jeremy Rapke. When pressed on his delivering on public commitments it made to the Victorian people. relationship with former Office of Public Prosecutions solicitor Stephen Payne, the Deputy Premier ran at The member for Lyndhurst opened by saying that the 100 miles an hour away from their friendship and said matter of public importance was built on a lie. I invite the ‘association’ concluded almost two decades ago and him to merely open the budget papers and look to see that he had only ‘infrequent contact’. ‘Friend? What the items that show, line after line, that policy friend? He’s not my friend’ is what the Deputy Premier commitments have been delivered on, because the said, but he was close enough to go in to bat for him, Baillieu government is one that takes action. That is for a mate. It is reported today in the Australian that the certainly in contrast to those opposite who, when in Minister for Police and Emergency Services government, routinely broke their promises, accompanied his ‘intermittent’ friend to a meeting with procrastinated and misled the Victorian community. the then Minister for Health to discuss the sacking of a health board of which Mr Payne was a member. It The Baillieu government has certainly delivered on its seems the Deputy Premier is the go-to man for commitments. We have heard speakers opposite talk Mr Payne. I hope Mr Payne is not offended by the about the Baillieu government not having delivered. As dismissive comments of someone he clearly thought I said, all anyone has to do is open the budget papers to was a mate. see that we have delivered on our commitments. We have heard speakers on this side continually list the The Premier and the Attorney-General are refusing to achievements of the Baillieu government. It shows that release the Vincent report. Why are the Premier and those opposite have continued not to listen. They did Attorney-General — this government — refusing to not listen for 11 years, and they are continuing not to release this report? This secrecy about the relationship listen to what is going on here.
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2340 ASSEMBLY Wednesday, 29 June 2011
I am proud to be part of the Baillieu government. I was to talk, they should go outside. That includes the proud to sit and listen to the Treasurer when he member for Williamstown, who is on a warning. delivered his speech on a budget that delivers $5.1 billion of $5.2 billion worth of commitments. I Mr R. SMITH — Another funding program that would say that that in itself is a mighty effort from a has been very well received in rural and regional government whose coffers were decimated by the Victoria is the $12 million to support Landcare federal Labor government and which was left carrying facilitators. Funding for these facilitators was cruelly the can by the former state Labor government’s cut by the federal Labor government, an action that did ineptitude in managing or properly funding its projects. not elicit any response from those opposite. I am very proud to have been able to deliver that funding to those Victorians would be appalled today by the very important Landcare groups. Auditor-General’s report into the allocation of electronic gaming machines, which shows between What I am most proud of is that the government has $3 billion and $4 billion lost by the ineptitude of the delivered not only on its election commitments but on former Labor government in a process that was begun even more than it promised. We have funded the by the now Leader of the Opposition, the former ongoing employment of 65 park rangers. Those Minister for Gaming. This process was started by a man opposite have talked about there being no jobs in the who says he will lead the opposition to victory but budget, but 65 park ranger positions are certainly jobs could not manage the process that was in place. that would otherwise not be there. We put $16 million Imagine what we could have done with that $4 billion towards better managing our public land and that was lost. In addition, we have been forced to deal $9.5 million towards the protection of our beaches. with the legacy of the Holding desalination tax, which exposes Victorians to paying almost $2 million each We made strong commitments, which we are delivering and every day for the next 27 years — an absolutely on, to implement the recommendations of the 2009 appalling legacy of the former government and a Victorian Bushfires Royal Commission, and through disgrace. the very hard work of Department of Sustainability and Environment and Parks Victoria officers we have been The opposition purports that we have not delivered on able to implement a comprehensive burning program. any of our promises. I would like to go through some of We said we would achieve burns of 200 000 hectares the pre-election commitments that were made in my by 30 June this year, and during some of the wettest portfolio areas. The budget shows that these have been autumn months we have delivered just a few hectares delivered in each and every case, and indeed they have shy of that. It is worth noting that as a result of the lack been supported by the Victorian community in each of commitment by the previous government in this and every case. The budget delivered $5 million area, with an average of around only 100 000 hectares towards a green accreditation program for small and per annum burnt over the last 10 years, there is still a medium-sized businesses so that these businesses can significant challenge for us, but it is one this show to the consumer their commitment to sustainable government will rise to. practices. We gave $20 million worth of grants to community groups so they could deliver some great In respect of climate change, the Victorian government environmental outcomes in their areas. I have spoken in is focused on finding practical ways to reduce this house before about the $700 rebates for emissions. The former government made many low-income households to supplement the purchase of promises in this area. We heard of a plan to close down gas heaters and the $100 rebates for those same a quarter of Hazelwood, but when we came to households to purchase more efficient whitegoods. government we saw that not one dollar had been allocated to this. We saw Labor ministers in hard hats Last week, just in time for the school holidays, I was spruiking their renewable energy programs, but the delighted to launch the free zoos for kids initiative. I Auditor-General showed us that these programs had encourage families to go to the zoos and take advantage been undermined by poor planning and were proven to of this policy. Kids will now get in free during school not be effective. We saw emissions reduction targets in holidays, on weekends and on public holidays. It is an place but found no regard had been given to potential absolutely fantastic outcome — — job losses, no regard to baseload substitution, no regard to ensuring that Victoria maintains its competitive Honourable members interjecting. advantage and no regard at all to the impact on Victorians’ household bills. Time and again the former The SPEAKER — Order! There is too much government failed to deliver. audible conversation in the chamber. If members want
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I am proud to be part of a government that is delivering. Honourable members interjecting. I am proud to be part of the Baillieu government. This government will deliver on what it says and keep the The SPEAKER — Order! faith of the Victorian people. This is the government Victorians deserve, and I am very proud that it respects Mr GIDLEY — Whilst I attempted to do this, these the integrity of the commitments it has made. people did everything they could to shield their appearance and conceal their identities. During my The SPEAKER — Order! The member’s time has conversation with these people I did not raise my voice expired, and the time allocated for debating the matter or behave in any inappropriate manner. While I remain of public importance has expired. concerned at the inappropriate distribution of material, I apologise for any offence that may have been taken.
PERSONAL EXPLANATION Honourable members interjecting. Member for Mount Waverley SUSPENSION OF MEMBER Mr GIDLEY (Mount Waverley) — I seek to make a personal explanation under standing order 123. This Member for Mill Park morning I travelled to Parliament via train from Glen Waverley. As a resident of Waverley and its local MP, I The SPEAKER — Order! Under standing use public transport regularly. My train arrived at order 124 I ask the honourable member for Mill Park to Parliament station at 8.55 this morning, and I proceeded vacate the chamber for 1 hour. Members are entitled to to leave the station complex. On exiting the station I make personal explanations and be heard in silence. received a brochure from an individual. I then sought Honourable member for Mill Park withdrew from advice from authorised officers at the station on the chamber. distribution of that information, because I do not believe it is appropriate for commuters to be approached in this manner by people distributing such STATEMENTS ON REPORTS information. The officers checked with station officials and advised me that it was inappropriate for the Public Accounts and Estimates Committee: information to be distributed in the station precinct. budget estimates 2011–12 (part 1) They also advised me that under Melbourne City Council regulations such distribution is unlawful Mr NORTHE (Morwell) — Today I wish to without an advertised permit. comment on the report of the Public Accounts and Estimates Committee (PAEC) on the 2011–12 budget Based on this advice I approached the people estimates, part 1. In particular I want to make — — distributing the information, at least one of whom was wearing a parliamentary pass. I asked for their names Honourable members interjecting. and where they were from. The female person indicated that she was not prepared to provide her name. The SPEAKER — Order! The member for However, she did confirm that she worked for the Monbulk will not be warned again today. member for Northcote. I asked the male person to Mr NORTHE — I will make comments about identify himself, but he also refused to do so. The male chapter 3 in relation to the portfolio of innovation, person claimed that they were both volunteers, upon services and small business. In particular, page 33 of which the female person changed her story and claimed the report gives an outline of the government’s agenda she was also a volunteer. The male person asked for my on supporting business in this state. It speaks about name, which I provided. After I identified myself as a industry assistance, regulation reform and the good member of Parliament, I again asked these people for work that the Victorian Competition and Efficiency their names, which they again declined to provide. Commission (VCEC) does in relation to As I was concerned by the fact that the information was manufacturing. These are all critical elements in being distributed and by the way in which commuters ensuring that this government supports business and were being approached by these people who had industry throughout the state of Victoria. refused to provide their names, I attempted to As members know, the VCEC is undertaking important photograph their faces. inquiries with respect to tourism, manufacturing and reducing the regulatory burden of red tape. The
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2342 ASSEMBLY Wednesday, 29 June 2011 government has made very clear its commitment to to supporting business and industry and at the same reduce red tape by 25 per cent over the ensuing period time making sure that we create jobs and employment of time. This is critical in many ways, particularly for in this state. I think the minister did a marvellous job in the small businesses that operate throughout Victoria. answering those questions through that report. Manufacturing is a very important sector in Victoria, employing around 310 000 people. Unfortunately under Public Accounts and Estimates Committee: the previous government what we saw over a period of budget estimates 2011–12 (part 1) time was a decline in manufacturing in the state of Victoria. In fact we have seen Victoria fall from Ms GRALEY (Narre Warren South) — It is a accounting for approximately 31 per cent of national pleasure to speak on the report of the Public Accounts manufacturing industry in 2002 to 27.5 per cent in and Estimates Committee (PAEC) on the 2011–12 2009. Over that time we have seen a 40 per cent budget estimates, part 1. I am going to focus my reduction in manufacturing jobs in Australia. It is remarks on the Department of Transport hearings. I critical to ensure that the VCEC and this government must say from the outset that the Minister for Public take action with regard to manufacturing, particularly Transport made a woefully inadequate contribution to for the Morwell electorate, because manufacturing is the hearing. I was almost hysterical this morning when such a critical industry in our region. I heard him say that it was the committee’s fault because of the questions it had asked him. Aside from With respect to reducing the regulatory burden, this the minister stating that our rail network is 300 years government is seeking to achieve a 25 per cent old, the transcripts reveal that he did everything reduction in red tape. This is mentioned throughout the humanly possible — other than run out of the room, but PAEC report, and the minister made reference to it in I gather he did that at the end as well — to avoid her commentary. This is a critical issue for all answering questions. He gave long and detailed businesses. When we have discussions with business answers to questions from government committee and industry representatives, all members of this house members — I think he had the answers in his pocket — would find a common theme coming back, which is but when opposition members asked him some very that if government could assist small businesses by reasonable and valid questions he did his best not to cutting the regulatory burden, it would make a massive answer them. In fact I do not think he answered a single difference to those operators. It would ensure that their question from the opposition. businesses could grow and prosper and that they could concentrate on other aspects of their operations, rather This form of secrecy and the minister’s absolute than being tied down by administrative costs. determination not to be open and transparent are consistent with my own dealings with him in relation to Other key initiatives and issues the Minister for Merinda Park railway station in my electorate. I note Innovation, Services and Small Business made that this issue was raised during the public hearing, so I reference to and that are presented in the PAEC report will briefly put it into context for the house. Last year included the Competitive Business Fund and making the former Brumby Labor government announced and sure that small businesses have the opportunity to funded 370 additional parking spaces at Merinda Park participate in that $3 million project. She also made station car park. This announcement was made in reference to the fact that this government has lifted the October and funded in the 2010–11 budget. Six weeks restrictions on Easter Sunday trading — and that has later, two days prior to the election, a four-page Liberal been very much welcomed by many communities, Party advertisement appeared in the Berwick News, particularly in regional Victoria. Amendments to the which said in part that there would be $600 000 for Public Holidays Act 1993 will allow regional shows 500 more car parks at Merinda Park and Narre Warren and events to be undertaken on those days, furthering a train stations. In the recent state budget the promised very important aspect of country life. The reduction in $600 000 was provided for Narre Warren and Merinda liquor licence fees for thousands of small businesses Park stations. has also been very much welcomed across Victoria. At the PAEC hearing on 10 May the minister was References are also made in the report to the farm debt asked how many extra car parking spaces each station mediation scheme, which has been a topic of would receive as a result of the $600 000 in funding. conversation in this house over recent days. It is a very Given that the 370 new spaces at Merinda Park were to important aspect of what this government is doing, as is be at a cost of $2.7 million, we are all interested to find the business support for bushfire and flood-affected out just how many extra spaces $600 000 will deliver. communities across Victoria. I think members can get The PAEC transcript indicates that the minister took the some sense of the government’s direction with respect question on notice. I also submitted questions on notice
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Wednesday, 29 June 2011 ASSEMBLY 2343 regarding this matter on 24 May, and I have not yet and Estimates Committee report on the 2011–12 budget received a response. The minister’s secrecy and estimates, part 1. I would like to go to the water determination not to answer questions flies in the face portfolio part at page 112, which goes through and talks of the Baillieu government’s promise of open and about the key matters raised at the hearings. They transparent government. Indeed it is apparent that the included the Ballarat integrated water management minister has something to hide. He needs to come clean feasibility study; the aims of the Leading the Way — quickly, because commuters are waiting to find out Liveable Victoria Fund and its relevance to the how many extra car parking spaces they are going to Melbourne CBD; the completion date of the eastern get. treatment plant, which is a focus for this government — we are more into water reuse and stormwater collection The minister also gave a most ridiculous answer to a than pumping water everywhere across Victoria; and question about premium stations that we are still water efficiency rebates, which the Minister for Water confused by. At one point he said they have been has announced today — that is, $40 million for more scrapped and at another point he has said they are under water-saving products such as washing machines in review. We all know the Brumby Labor government’s homes, plus money for rebates on water tanks, even for investment in the 2010–11 budget for upgrading people who are not connected to reticulated systems, 20 stations to premium status, including Hallam station which is a first for this state. When in opposition I in my electorate, has been scrapped by the Baillieu pleaded with previous ministers to allow farmers to government. In fact last night during the adjournment have that rebate, which they were not allowed to have debate the minister was on his feet saying just that. The because they were not connected to regional — — government believes it is enough to have two PSOs (protective services officers) with semiautomatic Mr Delahunty — And the country tour operators. weapons on the station rather than a station upgrade. But the PSOs will not provide the staffing at Hallam Mr WELLER — Yes, as the Minister for Sport and station from first to last train and the benefits of greater Recreation interjects, country operators and farmers — access to ticketing and timetabling services that go with people who were not connected to reticulated that. The government is doing nothing to help the systems — were denied those rebates. Where did they commuters of Hallam. The PSOs will also not provide go when they needed extra water? They went to the easier access to train stations for people with reticulated system in town, filled up their tanks and disabilities. brought the water to where they needed it. So it was a good move that the minister made today. Finally, during the hearing, the minister had nothing to say about Narre Warren-Cranbourne Road, because the Also raised at the hearings were increased forecast Baillieu government has decided not to upgrade it. The water savings and Target 155. I note that since we have Baillieu government’s first budget was woefully come to government money has not been spent on inadequate in many areas, particularly in respect of advertising Target 155, yet the people of Melbourne are roads in the city of Casey. Casey City Council put it like this government — they are just getting on with best in its recent Casey Leaders Bulletin when it said doing it, as we are getting on with doing it. Last week the state government had neglected the city of Casey in the average use per person was 133 litres, which is a its May 2011 state budget, with no mention of funding great achievement of which the people of Melbourne commitments for urgently needed main road upgrades. should be very proud. They are getting on with the job, I am sure that Casey City Council will be very just as this government is doing. disappointed to hear that we are still not getting a response about what the government plans to do about There was talk about funding to the Murray-Darling Narre Warren-Cranbourne Road. In finishing, I would Basin Authority. It is very important that the basin is like to say that the minister should answer a few more properly managed, and the Minister for Water and the questions about those things that he needs to deliver. government will have great input into the Murray-Darling Basin draft plan. If it is not a draft plan The ACTING SPEAKER (Mr Morris) — Order! that will suit Victoria, the minister will stand up for The member’s time has expired. Victoria. Public Accounts and Estimates Committee: Then we come to a presentation about the impacts of budget estimates 2011–12 (part 1) flooding and the job that the government has done in supporting communities and looking after problems in Mr WELLER (Rodney) — It gives me great flood-affected areas. The committee even discussed the pleasure to rise to speak today on the Public Accounts land buyback plan as well as the Goulburn-Murray
BUSINESS OF THE HOUSE
2344 ASSEMBLY Wednesday, 29 June 2011 irrigation district recovery, flood plain restoration and BUSINESS OF THE HOUSE the flood warning network, which should be implemented so that local knowledge can be used and Sessional orders people will know when the floods are coming. One of the things people told the Comrie review was that they Mr McINTOSH (Minister for Corrections) — I want information earlier so that they know when the move: floodwater is coming. That the following sessional order be inserted after sessional order 8 — Then there was discussion of the north-south pipeline, and Mr Pakula from the other place asked the Minister 9 Time limit of lead speakers for Water why water was not being pumped from the For the purposes of standing order 131, and subject to Hume Dam, which is 94 per cent full, to the Melbourne any agreement to the contrary, additional time provided storages, which are only 54 per cent full. What for the lead speaker of any other party does not apply Mr Pakula does not realise is that the pipeline runs to where such a party has advised the Speaker that it is in a Yea, which is some 200 kilometres short of the Hume coalition arrangement with another party. Dam as the crow flies, and it is probably 250 kilometres Having moved the motion standing in my name on the by road. It is 200 kilometres short as the crow flies from notice paper, I want to outline briefly what I think is a where the pipeline pumps. What that member for good example of both sides of the house working to Western Metropolitan Region also did not clarify is that deal with a circumstance that has arisen. Essentially the the north–south pipeline actually pumps to the change to sessional orders provides that where two Sugarloaf Reservoir. I had a look on Melbourne parties enter into a coalition agreement that has been Water’s website today, and do you know how full formally announced to the Speaker, then where Sugarloaf Reservoir is? It is 99.1 per cent full, and what standing order 131 makes provision for additional time Mr Pakula also does not realise is that we are coming for a third party, this is removed, excepting where — into the wettest months of the year, where we have the and it also precisely envisages this — there could be an greatest inflows. Here we have the Sugarloaf Reservoir agreement to the contrary. at 99.1 per cent full, and he wants the north–south pipeline to pump water to Sugarloaf to run down the Certainly in opposition, when after a number of years Yarra River. during which the former National Party and the Liberal Party had behaved as separate parties in the house, they Once again this government will be standing up for the ultimately — some two years ago — formed a coalition food producers in northern Victoria and for the agreement. That coalition agreement worked very communities and jobs in northern Victoria. We will not effectively and ultimately led to the election of the be pumping water from northern Victoria to a full Baillieu government, and of course that coalition Sugarloaf Reservoir to run down the Yarra as an agreement continues in government. environmental flow. We will be producing premium quality food for the people in Melbourne and for the As a government we speak with one voice in relation to people of the world. We will be providing jobs for the government business program. In opposition it was everyone in northern Victoria. We will not be letting a little bit looser, but essentially it worked very water be pumped down the north–south pipeline to run effectively. But particular circumstances and matters down the Yarra as an environmental flow, as Mr Pakula arise where individual parties have particular positions thinks we should. they want to adumbrate during the course of debate in the chamber. That occurred with the Baillieu Honourable members interjecting. government’s first budget. Under the standing orders, The ACTING SPEAKER (Mr Morris) — Order! the lead speaker from a third party is entitled to an hour. The member’s time has well and truly expired, and the That hour was never insisted upon, but by way of member for Macedon knows full well she should not be agreement between the parties the Leader of The interjecting at all, let alone from out of her seat. Nationals was provided with additional time over and above the time given to a normal speaker, which is 15 minutes, to expand his time to 30 minutes. The reality is that the Leader of The Nationals could have insisted on an hour, but he did not insist on an hour and limited his contribution to half an hour. That led to a chain of events and a referral of the issue by this chamber to the Standing Orders Committee.
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The committee met and discussed the issue. It took Nationals, who was entitled to up to one hour, had less advice from the clerks, who did a great deal of research by agreement. on the way other parliaments around the country and overseas deal with this matter. After consideration of The Standing Orders Committee met on a number of that wonderful research — and I speak on behalf of all occasions, and its report outlines the research that was members of that committee when I say we are pleased done on the definition of ‘any other party’. I point with the detail of the advice the clerks provided and particularly to recommendation 3 in the report, which certainly thank them for it — sense prevailed and the says: subject of this motion was agreed to by all parties who The committee noted that standing order 131 does not have members on the Standing Orders Committee. formally recognise coalition arrangements, even though it is What appears before us today is an indication of that the practice of the house and the Chair to do so. For the agreement, and accordingly one would expect that this benefit of the house and the flow of debate, the committee motion will be passed with the unanimous support of considers that an amendment to standing order 131 is warranted, to clarify that a minor party in coalition is not all parties. entitled to the lead speaker’s rights for ‘any other party’. The motion effectively suspends the operation of That was discussed at length and accepted at the standing order 131 insofar as it deals with third parties committee meeting. A set of words was determined. who have announced to the Speaker that they are in a That set of words was: coalition agreement. Essentially it provides that when there is a coalition, there will be only one lead speaker For the purposes of standing order 131 additional time from the coalition parties, subject to any agreement to provided for the lead speaker of any other party does not apply where such a party has advised the Speaker that it is in the contrary. It is important to note the provision that a coalition arrangement with another party. the parties can always provide for any amendments or procedural changes by way of agreement. Although By all accounts that suited the referral that was made to that is done regularly, this addition to sessional orders the Standing Orders Committee. As is the case with all provides expressly for that agreement to be made in these things, that suggested set of words needed to be certain circumstances. discussed and clarified in the various party rooms. We had a slight delay — and it is perfectly understandable All parties have discussed this matter based on the and appropriate that we did have a slight delay — due research of the clerks and have come to this consensus, to the absence of the Leader of The Nationals, and due which indicates that one would expect agreements to those unfortunate circumstances the time of the would be made regularly to deal with particular tabling of the report was changed. circumstances as they arise. As I said, we are pleased by the research that was done by the clerks, and I again At the last meeting that was organised to finalise the thank them for it. I thank all members of the Standing report and the recommendation to the chamber, I was Orders Committee for the way they have gone about surprised to see the addition of the further words ‘and this matter. It is a satisfactory outcome, and I commend subject to any agreement to the contrary’. I stated my the motion to the house. thoughts at the Standing Orders Committee meeting, and I intend to do so again today. As I said at the Ms BARKER (Oakleigh) — I wish to make a few meeting, the current wording of standing order 131 comments on the Standing Orders Committee report headed ‘Time limit of speeches’ is, ‘A member may and the suggested change to standing order 131. As the speak for the specified period in the following debates’. Leader of the House has outlined, the matter was It says ‘may speak’. It does not indicate that a member referred to the Standing Orders Committee to review has to speak for that period of time but that a member provisions regarding the time limits for lead speakers of ‘may speak’. As the Leader of the House has indicated, any party other than the lead speakers for the we all know that many of the matters that come before government or the opposition, as is outlined in standing the Legislative Assembly are already settled by order 131 headed ‘Time limit of speeches’. As I agreement. Discussion occurs between the whips, the understand it, this matter arose particularly in relation to Leader of the House and the manager of opposition the appropriation bill. The standing order currently business and a whole range of things are done by states: agreement. It should be done that way; that is the way in which the Westminster system operates all around Lead speaker in response from any other party, each …1 hour. the world — and doing things by agreement is certainly As the Leader of the House indicated, during the recent a mature and responsible way to operate a Parliament. debate on the appropriation bill the Leader of The
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At the meeting it was indicated that a reason for the or The Nationals, so one of the ministers could take the additional words may be that the Leader of The lead role. That right is not being questioned. What Nationals may wish to speak longer on a condolence needs to be clarified is what should be the practice motion. Currently in the standing orders there are no when the house is considering an appropriation bill and time limits on condolence motions, and these things are the lead speaker for The Nationals seeks leave to speak always done by agreement. I found it difficult to for a longer period, which is usually granted. The understand why the additional words ‘and subject to proposed sessional order states: any agreement to the contrary’ needed to be added to the preamble to the proposed new sessional order. I will For the purposes of standing order 131, and subject to any agreement to the contrary, additional time provided for the not take up too much time because I know there are a lead speaker of any other party does not apply where such a couple of other speakers to come and we need to get party has advised the Speaker that it is in a coalition onto other business. But as I indicated to the committee, arrangement with another party. I fail to understand why we went to a number of meetings and came up with a set of words about a The addition to the standing order is proposed because coalition arrangement being notified to the Speaker — of the acknowledgement that there can be an that is fine; I do not have an issue with that — but then agreement. A number of words that the member for had the words ‘and subject to any agreement to the Oakleigh considered superfluous are being inserted. It contrary’ added in, because that is what we do now took her some time to get to that. It includes an anyway. acknowledgement that there is an agreement. The motion clarifies an issue on which the standing orders If this suits the arrangements of the Liberals and The are silent. Nationals, that is fine, the preamble will stand. However, we are saying exactly the same thing the When we talk about significant speeches, such as those standing order says now — that a lead speaker ‘may on the appropriation bill, it is appropriate for the Leader use’ that time — but we are taking longer to say it. I am of The Nationals to have extra time. I do not know not opposing the report, but we went full circle and whether there has been an occasion when he has been added extra words that are not needed. told he cannot have extra time to speak, but including it in the standing orders makes it a surety. The Mrs POWELL (Minister for Local Government) — government is urging the adoption of this sessional I rise to support the motion put forward by the Leader order for the remainder of the 57th Parliament because of the House. I am a member of the Standing Orders it provides clarity and certainty. Committee, as are a number of speakers who have already spoken on this matter. The issue we were I thank the clerks for the research work they did. We clarifying relates to standing order 131, which is about asked them to check what other parliaments around the time limits of speeches, and confusion concerning Australia and overseas in the UK and the USA do. the rights of speakers for a third party in a coalition. They found no common theme as each jurisdiction has The confusion arises because the standing order is silent a different way of dealing with third parties or lead on the rights of a third party which is in a coalition with speakers. This motion is the form of words we came up the government or opposition party. While the member with and agreed on. I think members will find it will for Oakleigh raised some concerns during the stand us in good stead and I urge the house to agree to committee meetings, I was pleased to see that the the motion. recommendation was passed with a unanimous vote. Mr BROOKS (Bundoora) — I rise to speak in The motion clarifies what is now in practice and the support of the motion. As a member of the Standing report by the Standing Orders Committee states: Orders Committee, for the benefit of members in this place who did not have the ability to scrutinise and hear The committee noted that SO 131 does not formally the discussion around this motion to change standing recognise coalition arrangements, even though it is the order 131, I will talk a bit about the process and the practice of the house and the Chair to do so. For the benefit of reason members on this side of the house will not be the house and the flow of debate, the committee considers that an amendment to SO 131 is warranted, to clarify that a opposing the motion put forward by the government. minor party in coalition is not entitled to the lead speaker’s rights for ‘any other party’. As previous speakers have mentioned, standing order 131 deals with time limits for speakers. It Agreeing to the motion will ensure we understand that allocates times for lead speakers, both movers and lead there are speaker’s rights. In this coalition the lead speakers from the opposition and lead speakers speaker could be a member of either the Liberal Party responding on behalf of any other party. The reference
TERRORISM (COMMUNITY PROTECTION) AMENDMENT BILL 2011
Wednesday, 29 June 2011 ASSEMBLY 2347 given to the Standing Orders Committee on 5 May was matter. Committee members examined the definition of to review the standing orders regarding the time limits ‘any other party’. We also looked at the practices of for lead speakers of any other party other than the lead similar parliaments around the world. We have agreed speaker from the government or the opposition. In on this change to the sessional order. I too take the effect, for this Parliament and this house in this term, opportunity to thank the clerks for the effort they put in, we are effectively talking about The Nationals which particularly their research on the practices in other some time ago was not in coalition with the Liberal parliaments around the nation and around the world so Party so I suppose then that standing order was entirely that we could know what other parliaments do in these appropriate and applicable. The Leader of The circumstances. The matter was deferred briefly while Nationals, as ‘the leader speaker of any other party’, as all parties were consulted. The Nationals, the Liberal described in the standing orders, was entitled to have Party and, of course, the Labor Party have all been his or her say on important matters. Now that the consulted on this matter and have agreed on this change Liberal Party and The Nationals are in coalition — as to the sessional orders so I support the motion. they have been since 2008 — the application of standing order 131 is somewhat in question. Motion agreed to.
The Standing Orders Committee considered the practices of other parliaments in Australia and New TERRORISM (COMMUNITY Zealand, focusing predominantly on the definition of a PROTECTION) AMENDMENT BILL 2011 party. It considered that it was probably better to change the wording of the standing order than to take Second reading the approach of defining what a party was through the Debate resumed from 15 June; motion of standing orders. As I said, the impact of this motion Mr CLARK (Attorney-General). will be that there is a change to the practice relating to the lead speaker for The Nationals. As a member on Ms HENNESSY (Altona) — I rise to speak on the this side of the house I am not going to stand in the way Terrorism (Community Protection) Amendment Bill of any motion that reduces the time allowed by the 2011. On behalf of the opposition, I indicate that we standing orders for a member of The Nationals to will be supporting this bill. I do not intend to speak for speak. too long as it is a reasonably simple bill that has already been before the Legislative Council. Of course that The motion before us, as the member for Oakleigh has does not diminish the importance of the issues that the correctly pointed out, also contains the words ‘subject bill seeks to canvass and protect in legislation and that to any agreement to the contrary’ which seem to be have been in place for some time in the primary act, the superfluous to the intent of the motion put forward. Terrorism (Community Protection) Act 2003. The Most things in this house can be done by agreement in amended bill contains a standard review mechanism for any case, but having those words included seems to legislation that contains quite extraordinary police give some level of comfort to members of coalition powers. It is right and proper that extraordinary police parties, and I do not oppose their inclusion. I urge powers have proper checks and balances and that there members of the house to support the motion put be sensible review processes. forward by the government. We often see in respect of terrorism legislation a debate Mr HODGETT (Kilsyth) — I rise to make a brief between what is necessary to protect and support contribution on the motion moved by the Leader of the national security against the importance of challenging House: extraordinary police powers in that context, a matter That the following sessional order be inserted after sessional canvassed not only in this jurisdiction in the context of order 8 — the 2003 act, but also in the federal Parliament, the state legislatures and of course internationally. When one 9 Time limit of lead speakers reflects upon those debates, one realises the legislation For the purposes of standing order 131, and subject to was created in response to the September 11 attacks, any agreement to the contrary, additional time provided the Bali bombings and other tragic terrorist attacks that for the lead speaker of any other party does not apply have occurred since that time. It is quite a melancholy where such a party has advised the Speaker that it is in a coalition arrangement with another party. thought that when there are attacks on the freedom to be able to live in the absence of terrorist attacks, we The Standing Orders Committee, of which I am a have to give up other freedoms in the context of member, met on three occasions to deliberate on this people’s rights and civil liberties around police powers.
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Be that as it may be, this is a piece of legislation that the the focus of this scandal onto the department and away opposition supports. It is our view that such powers from the government of the day, because this ought be scrutinised and that there should be some newspaper article was all about how it really was not intelligent and considered review of those police the former government’s fault. It was all about the powers. I note that the cause of the extension this bill Department of Justice and the departmental officers. I provides for is the fact that there was some delay in the think that is absolutely appalling. appointment of the independent national security legislation monitor, Mr Bret Walker, SC, a person who I can certainly say that that article should not have been is held in high regard in the legal profession, which written. It was not appropriate. Speaking for myself and meant the review date in the 2003 primary legislation my office, I can say there was no such briefing. I think had to be adjusted. there would have been many people in different departments who would have obtained a pre-briefing. The primary legislation was enacted by this Parliament Obviously I am not in a position to personally in 2003 in an attempt to harmonise state legislation with guarantee all those matters, but I note that given the federal legislation. I am pleased that the state review of tenor of the article and the attempt to deflect blame for the legislation will interact with the federal review. I this appalling scandal — this financial incompetence also note that in the course of the debate in the other that has cost Victorians $3 billion — I suspect that the place a number of issues were raised regarding the member for Altona might do better by looking closer to provision of information requested by some members. home. The government was quite accommodating in giving undertakings about bringing that information back to Gaming: auction process those members, and that is a matter the opposition finds reasonably reassuring. In conclusion, the opposition Mr NEWTON-BROWN (Prahran) — My question supports this bill. I wish it a speedy passage through is to the Premier. Can the Premier advise the house on this chamber, and in light of the time and pressures the damning findings of the Auditor-General in his upon that, I conclude my contribution on the bill. report on the allocation of electronic gaming machine entitlements that was tabled this morning? Sitting suspended 12.59 p.m. until 2.03 p.m. Mr BAILLIEU (Premier) — I thank the member Business interrupted pursuant to standing orders. for his question. I am sorry to report that the Auditor-General has today brought down a report entitled Allocation of Electronic Gaming Machine QUESTIONS WITHOUT NOTICE Entitlements. It is a review of the process that was undertaken by the previous government — a process Gaming: auction process that has been a financial disaster for this state. The previous Labor government got this terribly wrong. It Ms HENNESSY (Altona) — My question is to the ignored repeated warnings about the flaws in the Minister for Gaming. Given that the government was process and the likely outcomes. Instead it proceeded pre-briefed on the contents of the Auditor-General’s against that advice, and as a consequence taxpayers report on the allocation of electronic gaming machine have lost $3 billion — that is, $3 billion has gone up in entitlements prior to it being tabled in the Parliament, smoke. can the minister guarantee that no member of his office or anyone in the Office of Gaming and Racing has The bottom line is that in his conclusion the contravened section 20A of the Audit Act 1994 or Auditor-General said: participated in a contempt of Parliament in the leaking of the Auditor-General’s report? … the project failed to achieve a satisfactory final outcome and there were serious shortcomings in the project Mr O’BRIEN (Minister for Gaming) — I thank the management. member for Altona for her question. I was very He went on further to say: concerned when I saw the report on the front page of the Age today, because certainly that sort of information The revenue obtained from the sale of the entitlements was should not be in the public domain until the around $3 billion less than the assessed fair market value of Auditor-General’s report has been tabled in the these assets. Parliament. In reading that article it was quite obvious That is $3 billion that has gone up in smoke, and that is to me that the person who had briefed the journalist was on top of the desalination debacle, the myki debacle, somebody who had a political interest in trying to put the north–south pipeline debacle, the smart meters
QUESTIONS WITHOUT NOTICE
Wednesday, 29 June 2011 ASSEMBLY 2349 debacle and the Melbourne Markets debacle. Members Mr Lenders, was on that review panel. The Deputy on the other side of the chamber have been responsible Leader of the Opposition was on that review committee for disaster after disaster. as well.
For that $3 billion, which has now gone, we could have If ever there were a cause for those on the other side of built a hospital in Bendigo, a hospital in Ballarat and a politics to look at the front bench and say, ‘They cannot hospital in Geelong — and we could have redone the stay there; we have to get something better’, this report Box Hill Hospital. We could have distributed nearly is it. To add to all the other financial debacles, there is $40 million to every council. $3 billion down the drain, and every Victorian has every right to say to the Leader of the Opposition, Mr Andrews interjected. ‘How did you let this happen?’ Three billion dollars has gone up in smoke. We could have had those hospitals. Mr BAILLIEU — It is so appropriate that the Leader of the Opposition should be interjecting — — Ms Allan — On a point of order, Speaker — and again it is a matter of debating the question — the The SPEAKER — Order! The Leader of the Premier has asked, ‘How did that happen?’. He could Opposition will desist. perhaps ask the Minister for Gaming, who was part of Mr BAILLIEU — The Leader of the Opposition the design of this scheme. was on the gambling review panel that set this up. The Mr BAILLIEU — On the point of order, Speaker, it gaming review committee, the licence review is obvious why the member seeks to interrupt and panel — — interject here to take a point of order and go beyond her Honourable members interjecting. entitlement on a point of order, because she was part of the cabinet that initiated this and was responsible for it. The SPEAKER — Order! Points of order will be heard in silence. Ms Allan interjected.
Ms Allan — On a point of order, Speaker, the The SPEAKER — Order! The member for Premier is starting to debate the matter. If he wants to Bendigo East is pushing it and is on a warning. I do not present the facts to the chamber, he should perhaps be uphold the point of order, but I remind the Premier that reminded that it was his government, it was his he is here answering the question. Minister for Gaming, who was the architect of this Mr BAILLIEU — The previous government model. ignored warnings from the Department of Treasury and The SPEAKER — Order! There is no point of Finance, the Department of Premier and Cabinet, the order. The answer was relevant to the question that was industry and even from the opposition. It was even the asked, and the Premier was giving some factual minister of the day who criticised the then opposition information. and said that the opposition had got it wrong when we said this was a financial disaster. We got it right, they Mr BAILLIEU — The Auditor-General has got it wrong, and Victorians are poorer for it. reported on the actions of the previous government, and a number of members of that gaming review committee The SPEAKER — Order! The Premier’s time has of cabinet remain on the front bench on the other side expired. of this house — — Gaming: auction process Mr Andrews interjected. Ms HENNESSY (Altona) — My question is to the The SPEAKER — Order! The Leader of the Premier. Given that the Minister for Gaming has Opposition is on a warning. alleged that a person with a political interest may have leaked the report, can the Premier guarantee that no Mr Hodgett interjected. member of his office or anyone on his behalf has contravened section 20A of the Audit Act 1994 or The SPEAKER — Order! The member for Kilsyth participated in a contempt of Parliament in the leaking is on a warning. of the Auditor-General’s report on the allocation of electronic gaming machine entitlements prior to this Mr BAILLIEU — The then Treasurer, now the report being tabled in the Parliament? Leader of the Opposition in the other place,
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Mr BAILLIEU (Premier) — I thank the member Mr BAILLIEU — Wouldn’t it be interesting if the for her question. I appreciate that the member’s interest member for Lara were concerned about the $3 billion, in this issue is about the leaking of this report, and I if he were concerned about how that money might have share that concern, but the greater concern here is that been better spent in Geelong? No, he is seeking to $3 billion has been lost. avoid any discussion of this report. He is seeking to have distractions at every opportunity. Mr Andrews interjected. Like all members of this house, I am concerned about The SPEAKER — Order! The Leader of the the leaking of this report. I have spoken to my Opposition! department head, who is raising this with the Auditor-General, and appropriate inquiries will be Mr BAILLIEU — Had that $3 billion been made. It is not parliamentary to leak these sorts of available — — reports; in fact, it would be a breach. I would expect Ms Hennessy — On a point of order, Speaker, the that all members of Parliament, and indeed all members Premier is clearly debating the question. The question of the government and anyone with access to the report, related to his knowledge of anyone in his office would behave appropriately. The bottom line here is potentially being involved in a breach of section 20A of that $3 billion that Victorian taxpayers should have had the Audit Act 1994 or a contempt of Parliament, and I went up in smoke because of this lot. would appreciate it if the Premier would answer the Gaming: auction process question. Ms RYALL (Mitcham) — My question is to the The SPEAKER — Order! I am sure the member Minister for Gaming. Can the minister outline to the would, but I do not uphold the point of order because house the governance flaws identified by the the answer was relevant to the question that was asked. Auditor-General in his report tabled today into the Mr BAILLIEU — Had we had that $3 billion I am allocation of electronic gaming machine entitlements sure Victorians would have spent it much better than by the former government? the previous government would have spent it, because Honourable members interjecting. its capacity to spend wisely and manage money is just appalling. When it comes to the issue of leaking — — The SPEAKER — Order! I will call the minister when I get some silence in the chamber. Ms Hennessy — On a point of order, Speaker, the Premier is clearly debating the question. He may wish Mr O’BRIEN (Minister for Gaming) — I thank the to try to cover up the fact that Victorians deserve to financially literate member for Mitcham for her know if he or anyone from his office was involved in question and note that on that basis she is a vast the leaking of the Auditor-General’s report. It is no improvement on her predecessor. surprise at all that he might debate the question, but we would appreciate an answer to the question that was This Auditor-General’s report is a horror story. It sets asked, not an avoidance and a rant. out in chilling detail Victorian Labor’s recklessness and inability to manage money. The former The SPEAKER — Order! I uphold the point of government had the responsibility of selling order. The Premier was debating the question. 27 500 lucrative 10-year gaming entitlements on behalf of the people of Victoria, who own them. Mr BAILLIEU — I actually just got to the issue of What were those licences worth? Here is what the the leaking of this report, and I share the member’s independent Auditor-General said: concerns about this. I can assure the member that I did not leak it, my office did not leak it — — We valued the EGM entitlements in the range of $3.7 billion to $4.5 billion, with a midpoint of $4.1 billion. Mr Eren interjected. Let us take the midpoint of $4.1 billion. What did the The SPEAKER — Order! The member for Lara is former government get for these lucrative licences? The on a warning. report says:
Mr Eren interjected. The sale proceeds from the allocation fell significantly short of the fair market value of the entitlements. The industry paid The SPEAKER — Order! The member for Lara is $980 million … on a second warning. …
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The revenue obtained from the sale of these entitlements was Rail: protective services officers around $3 billion less than the assessed fair market value of these assets. Mr MERLINO (Monbulk) — My question is to the That is not just incompetence, that is not just a scandal; Premier. How does the Premier reconcile the comments that is an economic crime against the people of Victoria of the Acting Chief Commissioner of Police yesterday committed by the Labor Party. Let us give this disaster regarding protective services officers (PSOs) that ‘time some context. It takes the Cain-Kirner government’s to time there may well be operational contingencies that economic scandals of Tricontinental, State Bank require us to move people from place to place’ with his Victoria and the Victorian Economic Development commitment that PSOs will be on every train station Corporation combined to get the same dollar figure as after 6.00 p.m. until the last train, permanently and Labor lost on this pokie licence sale. The former Labor exclusively? government was even worse than Cain and Kirner. Mr BAILLIEU (Premier) — I thank the member In her question the member for Mitcham asked about for his question, and I am sure he would like to have it governance flaws, so it raises the question of who was reported that he has been paying attention. Can I make responsible for this disaster. Page 81 of the report the observation that there is nothing new in the records that oversight rested with the gaming review comments that the acting chief commissioner has made. subcommittee of cabinet: Those comments have been made by senior police before, and we have accepted those comments. We This committee met on more than 60 occasions and had committed, and it has been our policy proposition, that responsibility for overseeing the review and allocation there would be 940 police — enough to put two on process and deciding the significant policy questions that arose during the review. The committee was extensively every station after dark — and we took that policy briefed by the department through the provision of over proposition to the people of Victoria at the election in 250 policy papers and reports. November last year. And do you know what? That proposition to put PSOs — Victoria Police protective Who was on this cabinet subcommittee? The then services officers — on every station in the metropolitan Minister for Gaming was a member, as one would area and the major regional stations after dark has been expect. Who was the Minister for Gaming who set up warmly embraced by the people of Victoria. We stand this disastrous process? It was none other than the now by that commitment, and we will be rolling it out. Leader of the Opposition. He was the man, and it was his plan. Then there was the Minister for Racing, who What irony, given that the opposition is now seeking to is now the Deputy Leader of the Opposition. Then of undermine this policy at every turn when it once course the Treasurer would have been a member. What advocated the policy itself but did nothing about it. We is that former Treasurer doing these days? He is Leader will implement it in conjunction with Victoria Police. of the Opposition in the upper house. Three-quarters of As the member knows, the legislation is before the Labor’s current leadership team were sitting around the house, and he will have an opportunity to contribute to cabinet table designing this disaster that cost Victorians the debate on that. I am sure the opposition will see the $3 billion. The member for Mill Park is another one of better of its ways and support that legislation and the financial geniuses who was on this committee. The support the rollout of Victoria Police protective services Labor Party gambled $3 billion of the money of officers on our stations to create places of safety, not Victorians on the pokies, and they came up lemon, places of fear. lemon, lemon! That was the way it was. Mr Merlino — On a point of order, Speaker, this is The Herald Sun noted in a headline on 16 May 2010 misleading the house. The question was regarding — ‘You lose again — pokies chiefs hit jackpot as licences and I am happy to make available the government’s sold cheap’. That headline is a damning indictment of policy — — the failure of the Labor Party. The report found that the Department of Premier and Cabinet and the Department The SPEAKER — Order! To allege that the of Treasury and Finance warned the ministers. The minister is misleading the house is not an appropriate ministers knew but they did nothing. They let this matter to raise as a point of order. If the member happen, and they cost Victorians $3 billion. They are believes the Premier has misled the house, he can take economic vandals, and they should be ashamed. action in another form. Mr Merlino — On a further point of order, Speaker, on the issue of debating the question, the government’s
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2352 ASSEMBLY Wednesday, 29 June 2011 policy, which I am happy to make available, says that What planet do you have to be on? How stupid do you PSOs will be permanently stationed on every station. have to be to stop an auction before people have finished bidding? It is unbelievable. You could just The SPEAKER — Order! A point of order is not a imagine the scene at the auction: time to add new issues to the question that was asked. The Premier has concluded his answer. Bidder: Can I please pay you more for a gaming licence? Gaming: auction process Labor: No. Bidder: But I really want to give you more money! Mr BURGESS (Hastings) — My question is to the Minister for Gaming. Can the minister outline to the Labor: No thanks. Mate, it’s better in your pocket than ours. house the failure in process identified by the The Auditor-General found that in the last five rounds Auditor-General in his report tabled today into the of bidding, revenue increased by $34 million. This was allocation of electronic gaming machine entitlements an auction where people still had money in their deep by the former government? pockets. What did Labor do? It ended the auction and Mr O’BRIEN (Minister for Gaming) — I thank the cut it short. member for Hastings for his question and for his We know Labor governments love redistributing interest in financial competence and in ensuring that wealth, but the Auditor-General found Labor took the there is sufficient revenue in this state to be able to community’s wealth and gave it straight to big pokie deliver the sorts of services and infrastructure we want operators. That is its idea of redistributing wealth. I will to see. The process for the design of this auction of quote this: gaming machine entitlements adopted by the former Labor government was utterly incompetent. Large venue operators, rather than the community, are the beneficiaries of this windfall gain. Firstly let me turn to the issue of the setting of the reserve price for the auction. The Auditor-General’s When Kerry Packer sold Channel 9 for a fortune and report says: bought it back for a song, he famously said, ‘You only get one Alan Bond in your lifetime’. Victoria’s The amount of the reserve was, therefore, critical in gambling industry must be saying exactly the same influencing the financial result of this particular auction. thing about the Leader of the Opposition and the Labor What did Labor do in setting a reserve price for the Party. They have lost $3 billion of community assets auction? The Auditor-General explains it. The report and community worth. They are a disgrace. says: The sheer incompetence of this is hard to fathom. Three The club entitlement reserve was based … on the least billion dollars sounds like a lot of money because it is; profitable gaming venue in the state. Shortly after the auction, it is equivalent to losing $537 for every man, woman this venue closed. and child in this state. The Auditor-General found this Labor Party team lost that amount. Having splashed What Labor did was like deciding to sell your own $3 billion of taxpayers money up against the wall, let us house and then setting the reserve price not on what never, ever hear from the other side of the house, ‘Why you think your house is worth but on the cheapest don’t you fund this service, why don’t you fund this house in the cheapest street in the cheapest suburb in infrastructure and why don’t you fund this?’. Because Victoria. That is what it did — it chose the worst the answer is, if the members on the other side of the performing machine in the worst performing club in the house were not such a pack of economic illiterates and state, which closed down shortly afterwards, and said, financial vandals, the money would be there to do it. ‘That is our reserve; that is the basis of our reserve price’. Nurses and midwives: enterprise bargaining
So what did the Auditor-General say? The report states: Ms GREEN (Yan Yean) — My question is to the The reserve was not representative of the return that could be Premier. Will the Premier guarantee there will be no expected from the 10-year period of the entitlements. change in the nurse-to-patient ratios as part of the nurses and midwives public sector enterprise And didn’t that show in the results! But it gets far bargaining agreement? worse, hard as that is to believe. The report states at page xiv: Mr BAILLIEU (Premier) — One of the principles of the negotiation of enterprise bargaining agreements The auction was closed while bids were still being placed. is that these matters are conducted on a confidential
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Wednesday, 29 June 2011 ASSEMBLY 2353 basis with appropriate parties. That is the approach we One can only think what we would have been able to have taken all the way through on this. We respected do if we had had this extra $3 billion. Speaker, the processes in all the enterprise bargaining understand me — I am not a greedy man. I would not arrangements — — have wanted it all for rural and regional Victoria. I would have liked a fair slice of it though. Can you, Mr Madden interjected. Speaker, think how wonderful it would have been? Instead of having a $1 billion Regional Growth Fund, The SPEAKER — Order! The member for of which we are enormously proud anyway, we could Essendon is on a warning. have had a $2 billion Regional Growth Fund or, had the Mr BAILLIEU — It is open to the parties to agree Premier permitted it, a $3 billion Regional Growth on matters they agree on. It is not my intention to — — Fund.
Mr Herbert interjected. This is an absolute travesty and a financial tragedy for rural and regional Victoria. You can think of specific The SPEAKER — Order! The member for Eltham! examples. From our Regional Growth Fund we have allocated $100 million for gas extensions. The Labor Mr BAILLIEU — It is not my intention to government completely abandoned the notion of having negotiate an enterprise bargaining agreement on the future gas extensions in Victoria. Now — — floor of the Parliament. I appreciate the member’s interest. No doubt these matters will proceed as they Ms Allan — On a point of order, Speaker, I have proceeded in the past. We will respect the views understand this is where the government is taking this of all parties. issue today, but I ask you to ask the minister to not debate the question and not mislead the house by Gaming: auction process making incorrect statements about Labor’s previous administration. Mr BULL (Gippsland East) — My question is to the Deputy Premier in his role as Minister for Regional The SPEAKER — Order! The minister’s answer is and Rural Development. Given that the relevant to the question that was asked. Auditor-General has found that the former Labor government has lost $3 billion in its incompetent Mr RYAN — As I was saying, in terms of the gas gaming licence auction, what is the real cost of this extension component of the Regional Growth Fund, we economic crime to the regions of the state? have $100 million to deal with this important initiative. How much better could we have done it? How much Mr RYAN (Minister for Regional and Rural further could we have extended the system if it were Development) — I thank the member for his question that we had another $100 million or $200 million and for the great work he does on behalf of his available for these natural gas extensions? electorate and communities. Labor cannot manage money, but even by its standards losing $3 billion on What about issues in relation to the Local Government this deal strikes a new level. For all Victorians there is Infrastructure Fund? We have allocated $100 million to an enormous cost to pay. As the Minister for Gaming this important purpose. We could have had another has just indicated, it represents $537 or thereabouts for $100 million or another $200 million dedicated towards every man, woman and child in the state. Many of those that. It means these issues are very important for people live in rural and regional Victoria. For those of families and businesses right through regional Victoria. us who live in those great parts of the state, this is a vast How much better would it have been for them had we cost. There are many instances where that can be had this extra $3 billion that would have been available exemplified when answering the question asked by the if the sale had been conducted properly? We have the member. Putting Locals First Fund within the Regional Growth Fund, another $100 million that we could have doubled The first example I would point to is that from 1 July, or tripled if we had the money that should have been which is only a couple of days from now, we will see realised through the sale of these entitlements in the coming into operation the Baillieu government’s great way that the opposition, as we then were, had intended. initiative for regional Victoria — that is, the Regional Growth Fund. It is a billion-dollar fund; there is Then there are all the strategic initiatives that could and $500 million for it in our first term and $500 million for should have been advanced through the regional parts it in the next term of the government. of the state; all our road systems. What about the rail system, which was so blatantly ignored by the Labor
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2354 ASSEMBLY Wednesday, 29 June 2011 government over 11 years? All these wonderful things Gaming: auction process could have been done. The regional rail link project, which the former government undercosted by Mr BLACKWOOD (Narracan) — My question is $900 million, could have been paid for if only we had to the Treasurer. Can the Treasurer advise the house on this money. Improvements to the health system, the the economic repercussions for the Victorian economy schools — all those other opportunities were lost of the findings of the Auditor-General regarding the because Labor simply cannot manage money. allocation of electronic gaming machine entitlements by the former government? Mr Hodgett interjected. Ms Beattie interjected. The SPEAKER — Order! This is the member for Kilsyth’s second warning. The SPEAKER — Order! The member for Yuroke! Office of Public Prosecutions: review Mr WELLS (Treasurer) — Another day, another financial mess left by the previous Brumby Mr ANDREWS (Leader of the Opposition) — My government — another mess that we have had to deal question is to the Premier. I refer the Premier to the with. But today we are dealing with the biggest admission yesterday by the Deputy Premier that he had financial bungle that could possibly have been left by exempted himself from cabinet considerations of the the previous Brumby government. As has already been Vincent report, and I refer the Premier to his comments mentioned, if you add together VEDC (Victorian in this place in May on the same issue: Economic Development Corporation), Tricontinental and the State Bank you still do not reach the magnitude To my knowledge I am unaware of any such declaration. of the bungle that has been uncovered by the I ask: who is telling the truth, the Premier or the Deputy Auditor-General. This, on top of regional rail, myki and Premier? Melbourne Markets — you name it — is part of a long list of projects which the previous government could Mr Ryan — On a point of order, Speaker, the never manage. It has already been spelt out: Labor Leader of the Opposition, either by design or by cannot manage money. accident, is misconstruing the answer that was given yesterday. I did say — — Some very disturbing points have been made by the Auditor-General in this report. The first one that I note Honourable members interjecting. is the revelation that in March 2009 the Department of Treasury and Finance actually estimated the level of The SPEAKER — Order! What is the Deputy super-profits to be $4.2 billion, which is very similar to Premier’s point of order? the Auditor-General’s valuation. The report goes on to say that the DTF communicated this figure of Mr Ryan — The point of order is that the facts $4.2 billion to the Treasurer in 2009. This is just one of which are being put before the house are not in accord the occasions on which the previous government with the answer that I gave yesterday. completely ignored the advice of the Department of Treasury and Finance. But it goes on and it gets worse. The SPEAKER — Order! I do not uphold the point of order. I would like to hear the answer from the The Department of Premier and Cabinet and the Premier. Department of Treasury and Finance appropriately raised concerns about the merits of proceeding with Mr BAILLIEU (Premier) — I point out to the their respective ministers; however, no formal review Leader of the Opposition that the answer I gave and the was undertaken. At page 31 the report states: date to which he referred, and indeed the answer which the Deputy Premier gave yesterday, are entirely DTF advised the government in March 2009 that reforming consistent. the approvals process to attract new market entrants was essential if the project was to meet its desired outcomes of Mr Andrews interjected. capturing supernormal profits …
The SPEAKER — Order! The Leader of the It goes on further. On page 32 the report states: Opposition has already been warned today. I do not DTF recommended to government that, if club were allocated want to warn him again. entitlements outside the auction process, the decision to auction the remaining entitlements should be reconsidered because this was likely to adversely affect the ability of the
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allocation to capture supernormal profits. No review was capable of safeguarding all Australians from the scourge of undertaken. terrorism. No review was undertaken. DTF raised concerns again He also spoke of the need to ensure that appropriate in January 2009 about the failure to release venue safeguards are put in place to maintain the balance revenue data: between security and individual rights and freedoms. Ruddock introduced two more bills that year to further DTF was concerned that the viability of the auction would be strengthen our ability to prevent terrorist attacks within compromised … Australia. Labor supported those bills, but the Greens The previous government consistently ignored the and the Democrats did not. In summary, the new laws advice of the Department of Premier and Cabinet and provided for things such as short-term detention and the Department of Treasury and Finance over and over interrogation powers, control orders to restrict again. As a result we have a situation where the individual freedoms and restrictions on expressing government has botched up and it has cost the certain opinions. Other states also enacted their own taxpayers of this state $3 billion. Today’s legislation. Auditor-General’s report, in stark terms, outlines the financial incompetence of the previous Brumby In 2005, when the Victorian government introduced government. new powers to police counter-terrorism, the Prime Minister at the time, John Howard, said:
I don’t look at these things in a competitive environment TERRORISM (COMMUNITY between the commonwealth and the states. The PROTECTION) AMENDMENT BILL 2011 commonwealth and the states should be working together on antiterrorism issues … Second reading By working together the states and the commonwealth Debate resumed. have been making Australia a place that is safer from terrorism than it would otherwise be. Mr NEWTON-BROWN (Prahran) — I rise to support the Terrorism (Community Protection) There are some particular issues that need to be taken Amendment Bill 2011, which amends the Terrorism into account when dealing with terrorism in Victoria. (Community Protection) Act 2003 to provide for a There are some particular sensitivities due to our review of that act. The review date will coincide with culturally diverse community. In 2007 Monash the review by the Council of Australian Governments University released a report entitled Counter-Terrorism (COAG) of national counter-terrorism legislation. Policing and Culturally Diverse Communities, and that While at first glance this bill relates to a seemingly report recognised that Victoria Police is in a very insignificant date change, it is much more than that. sensitive position. We have a long history of promoting Through this date change, which is designed to have social cohesion in our culturally diverse community, Victoria fall into step with the federal review and going back decades successive Victorian framework, this Parliament is recognising the fact that governments have positioned this state as a national and we have a responsibility at state level to keep our international leader in social cohesion. community safe from terrorism and that this responsibility is best fulfilled by working Members of Victoria Police have to walk the tightrope collaboratively with our federal counterparts. of community policing that keeps us safe but also builds on our uniquely harmonious multicultural Since the September 11 attacks and the Bali bombing, environment. Counter-terrorism efforts internationally Australians have accepted the need to become more have focused generally on groups that are ethnically, vigilant in our own country. Generally there has been religiously or culturally distinct, and often this approach bipartisan support for measures to keep us safe from requires a crude form of racial profiling. The danger is terrorism and a cooperative approach between the that minority groups can be politicised as a result of this federal and state governments. In 2004 the approach. Our harmonious culture could quickly Attorney-General, Philip Ruddock, introduced the unravel if cultural stereotypes and prejudices are Anti-terrorism Bill 2004 following a series of allowed to work their way into our community. In my international attacks, including the London bombings. view Victoria Police is handling this delicate balance in In introducing the bill Mr Ruddock noted: an exemplary manner.
Our counter-terrorism laws require review and, where As far as the history of terrorist attacks in Australia necessary, updating if we are to have a legal framework goes, other than the Bali bombing most Australians
TERRORISM (COMMUNITY PROTECTION) AMENDMENT BILL 2011
2356 ASSEMBLY Wednesday, 29 June 2011 would struggle to name terrorist attacks on Australians, In August 2006 Jihad Jack, otherwise known as Joseph particularly on Australian soil. I suppose there are some Thomas, was the first person to be issued with a control very early examples of violent attacks in Australia that order under the Australian Anti-Terrorism Act (No. 2) could be termed terrorist attacks. As early as 1868 we 2005. When David Hicks was returned to Australia in had the assassination attempt on the Duke of Edinburgh December 2007 he was placed under a control order, by an Irish nationalist who was later executed. In 1915 and that was one of the first under that legislation. in Broken Hill there was an attack on the Sultan of Closer to home, in Melbourne in 2008 five men were Turkey by Afghan supporters. What the Sultan of convicted of planning a terrorist attack. They planned to Turkey was doing in Broken Hill in 1915, I do not bomb the AFL Grand Final in 2005, the grand prix in know. Prior to the 1960s there were really no acts of 2006 and also Crown Casino, and they plotted to violence in Australia that could be deemed to be assassinate the Prime Minister. In 2009 four Melbourne terrorist in the modern political and strategic sense of men were charged with a plot to storm the Holsworthy the word. I suppose it was the 1960s when terrorism Barracks with automatic weapons. raised its head in a modern sense in Victoria. In 1965 there was an attempted political assassination of the It is clear that terrorism has had an impact on this state, Australian Labor Party leader, Arthur Calwell, over his although thankfully it has not been successful on a large Vietnam War stance. In 1968 there was an attack on the scale, but this record has not come about by accident. It US consulate in Melbourne, again over the Vietnam has not come about through luck. We have been War. vigilant in tracking and investigating potential terrorists. We have done so in a culturally sensitive manner, and It was not until the 1970s that we got serious about state and federal laws have worked in tandem to protect tackling terrorism in Australia, and we had a three-year Australians from terrorist attacks. inquiry into our intelligence services. In 1977 Justice Hope delivered his royal commission report on A national approach to security in the area of terrorism intelligence and security. Recommendations in that is in the best interests of Victorians. The danger is that report led to the Australian Security Intelligence if state and federal legislative reviews are not done in Organisation (ASIO) expanding its areas of operation to tandem, then this Parliament and other states’ include terrorism. More recent examples include the parliaments could inadvertently pre-empt, contradict or Hilton Hotel bombing back in February 1978. The otherwise threaten the COAG process. The nature of Hilton Hotel was hosting a Commonwealth Heads of terrorism is that there will be changing circumstances Government Meeting and a bomb exploded outside, and political landscapes, and the laws that protect us injuring 11 and killing three people — two garbage will necessarily have to be changed and amended as collectors and a policeman. That incident reinforced the required to deal with those changing circumstances. need to increase ASIO’s powers. In November 1986 in This bill will facilitate and further finetune state and South Yarra in my electorate the Turkish consulate was federal legislation in the most efficient manner to keep bombed. A car bomb was parked underneath the all Victorians safe. I commend the bill to the house. consulate, and the bomber himself was the only casualty in that incident. It was found that the Armenian Ms THOMSON (Footscray) — I rise to speak on terrorist group the Armenian Revolutionary Federation the Terrorism (Community Protection) Amendment was responsible. Bill 2011, which the opposition will of course be supporting. This is quite a simple bill which extends the The Bali bombing in October 2002 was perhaps the operation of the act so that a proper review can be worst example of a terrorist attack on Australians. At a conducted and completed by 30 June 2013. I was part nightclub in Kuta on the Indonesian island of Bali, of the Victorian cabinet when we considered the 202 people were killed, 88 of whom were Australians, Council of Australian Governments legislation and and a further 240 were injured. In 2003 in New South joint legislation the first time around. Whilst we all Wales an Australian architect, Faheem Khalid Lodhi, abhor terrorism, we must achieve a correct balance as was convicted in the New South Wales Supreme Court we go through this review. We have to get right the of plotting to bomb the national electricity grid. In 2004 balance between protecting our citizens from terrorism there was another bombing in Indonesia, this time of and making sure we enshrine the freedoms we enjoy so the Australian embassy. In that bombing there were that the very things that we want to protect remain in Indonesian but no Australian fatalities. In 2005 in place. It is not easy to get the balance right between on Sydney five men were jailed for terms ranging from 23 the one hand maintaining the right of the individual to to 28 years for conspiring to commit terrorist acts. freedoms such as freedom of expression and freedom of movement, and on the other hand protecting ourselves from potential terrorist acts. I know it is
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Wednesday, 29 June 2011 ASSEMBLY 2357 difficult. I know how long we as a government took to freedoms. As I said, freedom of speech, freedom of come to terms with the issues as they presented movement and freedom of association are the very themselves the first time around as the legislation was things which make this a fabulous place to live and developed between the commonwealth and the states. people around the world can be envious of. This is why That process brought about the current legislation. when we set about establishing legislation around terrorism we are mindful that we protect those very The former government put a sunset time on this things. legislation to ensure that we undertook a proper review that would enable us to ascertain how well the As this legislation is reviewed and consultation is legislation was working — that is, how well it was undertaken with various law-enforcement and protecting our citizens from potential acts of terrorism intelligence bodies, lawyers and human rights and how well it was enshrining our rights as individuals organisations, and as governments go about getting that living in a democratic nation. balance right, I hope and believe they will consider the precious state of our democracy and how lucky we are We in Australia are very lucky. We do not have to face to live in a country that has the freedoms we have. We life-threatening situations created by terrorism every do not live in an environment of day-to-day threats. We day. Yes, we have to be vigilant. Yes, there have been do not have to travel very far, such as to Indonesia, to instances of terrorism on our shores and of Australians learn that that is not the case everywhere. We know that being targeted overseas, but we are very lucky that we in India there can be a bombing at any time. In the live in a country that basically has not had to live with Middle East that is also a day-by-day proposition — the fear of terrorism every single day. That is certainly and in some cases an hour-by-hour proposition. The not true of other countries. It is why we can afford law-makers in those countries need to take a ruthless ourselves the necessary time to conduct the review approach to ensuring peace is maintained and that properly and take into account and consult widely on terrorism is dealt with swiftly. the balance between maintaining the rights of the individual and ensuring the protection of our citizens. I think we are getting the balance right. The fact that we As I said, it is not necessarily an easy thing to do. have seen people prosecuted and jailed also suggests we have got the balance right between freedoms for We must have checks and balances in this legislation. individuals and dealing with terrorism. I look forward The former government made sure that there are appeal to the review being conducted and to Parliament rights under the current legislation. I hope those appeal ensuring that we maintain the very delicate balance rights will remain in the new legislation when it finally between protecting our citizens from terrorism and comes to this house. I accept and acknowledge that we maintaining the freedoms we most cherish in this state have to allow both the commonwealth and state law and this country. authorities to hunt down potential terrorists and stop them before there is a terrorist act. That is crucially Mr SOUTHWICK (Caulfield) — I rise to speak in important. We do not have to wait and we should not support of the Terrorism (Community Protection) wait until there is an act of terrorism before the law Amendment Bill 2011. This is a very important bill for enforcement agencies are able to take action. We need a number of reasons which I intend to cover. When it to have in place monitoring of certain groups and we comes to terrorism there are no second chances. We must be able to monitor and intercept conversations, but need to ensure that we have a strong and safe country, we need to be able to justify what we do. We should not state and community in which we can walk down the be using the law as an excuse to intercept conversations street and know we are going to be protected. This or to observe and monitor people when there is no real government supports a system of national justification for that action. As I said, we need to get the counter-terrorism legislation because at the end of the balance right. day in the free world terrorists do not discriminate.
In preparing the original legislation, which was Whether the target be a state, federal or even negotiated between the commonwealth and Victoria, international target, the attacks we have seen around the the then government worked very hard to ensure that world have been attacks on the free world, and we also the legal authorities would have at least some evidence are a potential target. While in the past terrorism has to suggest a potential threat before we intercepted been an issue for governments, we need to look conversations or targeted individuals. We need to particularly at what has happened in the past decade. maintain that standard. If we do not, the terrorists win, Certainly the events of September 2001 are always because they will deprive us of the very things that we present in our minds, and the events that took place at most respect about living in this country — that is, our that time have changed the way in which our society
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2358 ASSEMBLY Wednesday, 29 June 2011 operates. I remind the house of the words of the now we lost one Australian and 11 were injured. In Bali, the Deputy Premier when he spoke on the condolence first holiday destination of many young Australians and motion a week after the tragedy of September 11, when families, we lost 88 Australians, while the threat he said: remains in New York city, where 10 died in what is known as the greatest city in the world. … these despicable acts have changed forever the way we will live our lives. They have wrought change in a way that I want to acknowledge the great efforts of many none of us would have chosen, but they occurred nevertheless. individual Australians who have worked to help those affected by terrorist attacks. I pay tribute to a relative of The Deputy Premier’s words then have proven to be mine, Dr Graeme Southwick, who was involved in the eerily accurate as it comes up to the 10th anniversary of Bali bombings in 2002. Graeme was on holiday at the the September 11 attacks. I am sure we can all time the bombs went off and immediately went to work remember where we were at the time of September 11. saving lives and providing any assistance he could. Just I was with my wife, who was expecting our first child, as many other Australians have done, he has been Tyler, who was born on 21 September, only a few days involved in providing assistance in times of need by later. We certainly were thinking that we were about to helping people who have been affected by terrorism. bring life into the world at the same time as many lives The Australian casualty in London shows me exactly were being taken from us. The times of uncertainty that how such attacks can occur so close to our followed that period were times of fear for many of us, communities. Sam Ly, who died in Tavistock Square, and at that time we had no idea about what was going was a former student and staff member of Monash to happen from that period on. Regrettably we have Caulfield — a major feature in my electorate. These changed the way we live compared with our lives prior global acts of terror can reach our communities in to September 2001; the threat remains in our minds and unimaginable ways and show how as parliamentarians is always there. If you look at the way we live our we must work with all states and the commonwealth to lives — if you look at our airports and even this prevent these attacks from happening on our shores. Parliament and other public buildings and see the security we go through — it is clear that we know that The threat of terror has been recognised by the federal security measures need to be in place to ensure that and Victorian governments, and by our police these sorts of attacks do not take place in Australia. command, with the establishment of the security intelligence group of Victoria Police, know as the SIG. This bill speaks to the first duty of government, which Efforts by the government have thus far been must always be to protect its citizens from outside successful. Over the last few years we have seen the attack and provide a safe society. The government SIG break up two of the most dangerous terrorist cell supports the federal government’s work to create threats in Australia in operations known as Pendennis uniform national legislation to ensure that no tragic and Neath. Pendennis investigated groups of men who attack can occur in Australia like those in New York, planned violent attacks on army bases and other sites, London, Bali, Madrid or any of the other cities hit by and the SIG also played a role in investigating a plot to the scourge of terrorism. Terrorists know no boundaries attack the 2005 AFL Grand Final. when it comes to their calculated attacks on countries and cities in the Free World. This bill amends the If we ever needed proof of how terrorism can shake the Terrorism (Community Protection) Act 2003, which core of a society, it is in the horror all Victorians feel at sets a date for the review of the act to coincide with a the idea of a cultural institution like the grand final Council of Australian Governments review of national being the target of a threat. It shows how the aim of efforts, and with the postponing of the release of that terrorism is to attack our very way of life. I recently COAG review it is necessary that the Victorian attended a briefing by a member of the SIG who legislation be amended accordingly. Again what may touched on the links between terrorist attacks on local seem a very small and minor change is very significant, institutions and also with domestic crime. I mention this because it brings both the state and federal systems into because the great work of our government in funding cohesion. 1600 new police officers and 100 new transit officers is all about prevention of such crime. This will help assist While it is easy to hope, as we do, that no attack ever the specialist antiterrorism initiatives Victoria Police is occurs on our soil, there is no doubt that terrorism has currently undertaking. touched this country in a number of ways. I mentioned some of the cities that have been hurt by terrorism Residents in my electorate of Caulfield have recently. In London, the first city in the Northern experienced recent incidents of crime which have been Hemisphere that many Australians visit for a gap year, coordinated, racially motivated and relevant to the
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Wednesday, 29 June 2011 ASSEMBLY 2359 campaign against terrorism and which also indicate that who was tragically killed in the London bombings, and we need to ensure that our streets are safe and that our even racial and religious intolerance in his community. suburbs are well and truly protected. To give you an It is something I am sure every member of this house example, there have been a number of anti-Semitic hate detests and wants to see stamped out. This legislation speeches painted on benches, posts and areas around and the principal act are probably at the heavier end of Caulfield Park. Meanwhile, last week in my electorate a the scale in terms of the issues they address, but this is group of religious Jews coming back from their one of the steps this Parliament has put in place in the synagogue was egged in a planned attack. I mention past to try to address some of these issues. that it was a planned attack because the perpetrators had balaclavas and had gone out and purchased eggs and The Terrorism (Community Protection) Act 2003, by had then targeted these individuals. Where do you draw its very nature, cuts across people’s rights and the line with these sorts of things? We need proper laws freedoms. The issuing of covert search warrants and and proper police investigations to be in place to ensure preventative detention orders necessarily means that that people in our community do not target attacks on people’s rights may be infringed. This government, others. along with the other members of the Council of Australian Governments, agreed that they are Unfortunately, schools, places of worship and appropriate protections to have in place for the times community events in my electorate all need to be we live in. However, when you take away people’s protected by volunteer trained security officers who rights through those measures, even when it is work closely with Victoria Police. I congratulate the warranted, it is appropriate that there be put in place, coalition on recognising the efforts of the community firstly, a sunset provision to ensure that they are not left security group through the Premier’s public in place and, secondly, an appropriate review acknowledgment of its work and a $40 000 grant being mechanism to ensure that the protections you have put approved as part of an election commitment. in place, the rights you have curtailed and the freedoms you have brought back are appropriate. For the reasons I have outlined, I am proud to speak in support of this legislation. The past decade has seen a It is important that we consider this carefully when we need for society to step up its efforts in combating extend the deadline for the review. I understand that the terror and working with all good governments to stop federal government announced recently — in fact, on these attacks on our way of life. Terrorism is a 21 April — that it had appointed Mr Bret Walker, SC, fundamental attack on society’s values. We must do as the independent national security legislation monitor. everything we can to stop it in its tracks, and by I think that process led to the delay in the review being coordinating our legislation with that of other states and completed. Now that that has occurred, it is important the commonwealth we can do just that. I commend the that this review be undertaken. I understand that this bill to the house. bill will push the review date out to June 2013.
Mr BROOKS (Bundoora) — It is a pleasure to be Back in 2006, when the review date was extended from able to join this debate. It is one of the rare occasions 2006 to 2011, the Scrutiny of Acts and Regulations during a debate when there is a large degree of Committee (SARC) reported back to the Parliament agreement across the house, and it is a pleasure to join through its Alert Digest No. 1 that: members from both sides of the house in support of this piece of legislation. The committee draws the attention of members to Parliament’s necessary and legitimate oversight responsibilities when considering the review of legislation As previous speakers have said, this bill is a very small that enables the exercise by the executive of significant bill in comparison to the principal act. It simply amends preventative detention and covert search warrant powers. the date by which the review that was specified in the principal act is to be completed. When considering a If a review of the operation of the … act is not intended to be tabled by 30 June 2006 and having in mind the nature of the review of such a significant piece of legislation, it is powers, existing and proposed in the act, the committee refers important that we carefully consider its impacts. for Parliament’s consideration the question whether such a delay subjects the exercise of legislative power to insufficient We have just heard from the member for Caulfield parliamentary scrutiny within the meaning of about the devastating impacts of terrorism, not just section 17(a)(vii) of the Parliamentary Committees Act 2003. around the world but also here in our own community. The committee draws attention to the provision. He gave examples such as the impacts on people who were affected by the Bali bombings, the gentleman SARC did its job and brought to the attention of from his electorate who worked at Monash University members back in 2006 the issue of parliamentary
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2360 ASSEMBLY Wednesday, 29 June 2011 oversight over the executive. It did not recommend any five-year-old son and bouncing a new baby boy on my stronger action; it simply brought that to our attention. knee. I can remember sitting there looking at the telly As we pass this bill — and I urge members to pass it — and reflecting on what sort of world I had brought my it is important for us as members of Parliament to children into, because it was clear that from that day on consider the significant rights that are curtailed in the the world was going to be changed forever. I can principal piece of legislation, an act that is so important remember my five-year old asking, after watching the in fighting terrorism, and to ensure that we monitor the planes flying into the towers, ‘Dad, is that real? Why review that will now be undertaken. It is due by 2013, would people do that to kill others?’. Unfortunately that and we must ensure that it takes place in the time frame is the very nature of terrorism. For something that that has been set down and, more broadly, that the happened in the United States it had big impacts on a legislation that governs terrorism and community faraway community such as mine in East Gippsland. I protection in Australia is appropriate. I commend the can remember going to work and seeing a lot of people bill to the house. in tears that morning.
Mr BULL (Gippsland East) — I rise in support of Since that date the fight against terrorism has continued the Terrorism (Community Protection) Amendment to this day, with the recent welcome news that the Bill 2011. The purpose of the bill is to extend the date mastermind behind those 9/11 attacks, Osama bin by which a review of the operation of the principal act Laden, was tracked down and eliminated. At that time must be completed and the date by which a copy of the Kofi Annan, the then secretary-general of the United review must be tabled in Parliament. The original state Nations, put it very well when he said that that act of review date was set so that the review would coincide terrorism was aimed at one nation but wounded an with the Council of Australian Governments review of entire world. That is a very apt description of what national counter-terrorism legislation. Under this happened that day. The good news is that out of that amendment the Victorian and COAG reviews will horror came a form of world unity to fight evil and again coincide, as was originally intended. combat terrorism. That is what prevails today, and that is what part of this legislation is certainly about. The COAG review was delayed by the commonwealth, and it is fitting that Victoria fall into line with this so No-one should ever question in any way the resolve of that these reviews can be completed concurrently as people around the world who fight terrorism. While there are potential implications for the Victorian review 9/11 hit home, for many Australians the impact of that may arise from whatever comes out of the COAG terrorism was felt more directly when the Bali review. The COAG review will consider key features bombings took place in October 2002, resulting in the of the Victorian act — it is quite relevant — that death of 202 people, 88 of them Australians. There was significant powers to be exercised in counter-terrorism a well-planned, evil incident in which a bomb was activities. Both the COAG review and the state review detonated in Paddy’s Bar in Kuta, Bali, killing a are of paramount importance to the protection of number of people and badly wounding a number of Victorians and Australians in relation to terrorism and others. As people were leaving that bar in a state of terrorist activities. shock, another bomb was detonated in the street with devastating results. It was an act of amazing cruelty for The unlawful violence and irreparable damage that which the three men who carried out the bombing were terrorism inflicts on society cannot be tolerated or held responsible and executed in 2008. In this state we accepted. As the member pointed out in his have continued the fight against terrorism and contribution, unfortunately terrorism has a very long subsequently people have been jailed for planning and history, but it certainly came to the forefront of the being involved with terrorist activities. world’s mind on 11 September 2001. I am sure all members of the house would remember exactly where Terrorism is an ongoing issue that we all must face and they were on 11 September 2001, when 19 terrorists both the Council of Australian Governments and hijacked four aircraft in the United States with Victorian reviews will address aspects of this threat. devastating outcomes, including the death of just under The COAG review will consider parts 2A and 3A, 3000 people. which are key parts of the Victorian act. Part 2A regulates preventative detention orders which allow for I can remember getting out of bed and wandering into the detention of a person for a maximum of 14 days the lounge room that morning. I thought I was watching without charge where necessary to prevent a terrorist some sort of movie special effect being replayed over act or preserve evidence of a terrorist act. These powers and over on television, until it unfortunately set in that include the power to demand identification, to stop and it was very real. I was sitting there with my search persons and vehicles, to direct persons to leave
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Wednesday, 29 June 2011 ASSEMBLY 2361 or remain in specified areas, and to seize items and support all of the powers around the world that are cordon off areas or key points. Police authorised to use working together to try to reduce the terrorist threat these powers may also use whatever force is deemed right around the world, but note that that is a very reasonable to be able to exercise them and achieve challenging task. these outcomes. It is fair to note also, however, that the bill before the As a society we must continue the fight against house does not relate to any direct actions to address terrorism and terrorists. The two reviews in Australia terrorism risks but instead relates to the timing of the will cover preventive mechanisms that are an integral Victorian review of the operation of the current act. As part of that fight. Because terrorism is a threat to all we know, the current Terrorism (Community states and all peoples and terrorists can strike any time Protection) Act 2003 was brought in after the and anywhere, as we have unfortunately seen, it is significant and horrific events which took place at the incumbent on any government of the day in any place time of the Bali bombings. As well as a number of in the world to have terrorism prevention strategies in Australians being killed there, many Indonesians and place. As members have heard, acts of terrorism are a people of other nationalities were killed in that terrible direct attack on the core values of society, including the event. We also recognise the events of September 11 in rule of law, the protection of civilians, mutual respect New York and in other places in the United States that between people of different faiths and cultures and other members have spoken about. Again we saw so peaceful resolution of conflict. Perhaps the most many communities around the world reflecting on the important aspect of those key points is the protection of change that has occurred in the world and being aware civilians because terrorists give no recognition to the of the threat of terrorism right around the world. We importance of that. need to do all we can to ensure that Victorians feel and can be safe and that anybody visiting our state can be Victoria and Australia must be at the forefront in the safe. fight against terrorism, first in proclaiming loud and clear that terrorism can never be accepted or justified In doing so, though, when we bring in legislation such for any cause and in any way whatsoever. Because both as this which strengthens police powers and restricts reviews will consider aspects of antiterrorism law, it citizens rights, we need to ensure that we review that makes sense that Victoria’s review proceed alongside legislation to see that we have the balance right. We the COAG review. This bill ensures that the Terrorism also need to review other aspects of the legislation to (Community Protection) Act 2003 will receive a see whether other appropriate changes should be thorough and considered review by those involved but effected. When this legislation was brought in, the it does not pre-empt what will be happening in the government advised that we needed to have a review of COAG review. It also does not contradict or otherwise the legislation to ensure that it is balanced and operating threaten the COAG review process or outcomes. The appropriately. At the same time, as other members have bill ensures that things will be done in tandem. also outlined, Australian state governments had agreed that a review of the legislative framework across the As the previous speaker, the member for Bundoora, country ought to be undertaken. pointed out prior to my contribution, this legislation is quite rightly supported by both sides of the house. In that regard, in April this year Mr Bret Walker, SC, There is a very good reason for that: it is very much a was appointed to the position of independent national common-sense measure and I commend the bill to the security legislation monitor. That position has only just house. been established and set up, so he will require time to undertake a full review of legislation enacted around Mr HOWARD (Ballarat East) — I am also pleased the country and provide advice on it. The COAG to add my contribution to the debate on the Terrorism (Council of Australian Governments) review is timed (Community Protection) Amendment Bill 2011 before for 30 June 2013. The legislation before the house the house. I note that in his second-reading speech on simply ensures that the Victorian review aligns with this bill the minister advised that the government has that date so the outcomes of those reviews can be declared itself committed to the fight against terrorism enacted at the same time. in this state. I would expect nothing less because in light of terrorism events that have occurred in other The review will evaluate two parts within our Victorian parts of the world it is vitally important that we take all legislation. Part 2A relates to preventive detention the action possible in this state to assure our residents orders which allow for the detention of a person that they can feel confident and safe in Victoria. We without charge for a maximum of 14 days. When the trust that can be so for the whole of Australia. We also previous government brought about that legislation we
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2362 ASSEMBLY Wednesday, 29 June 2011 reduced people’s rights so that they can be held without mention the word ‘terrorism’ that is the first date that charge for 14 days. There are a range of views about comes to mind. that and whether the 14 days is appropriate or should be reduced or extended, but by June 2013 we should be in I recall that at that time I was a police recruit at the a position to adjust that or determine whether it is Victoria Police Academy, Glen Waverley. The day appropriate. The other contentious part of the prior to the September 11 attacks we were doing a legislation concerns the issue of police powers in research project into terrorism, looking at terrorists part 3A. In the principal legislation in certain from around the world and how to identify them. The circumstances police have powers to demand evidence on that day was that terrorists do not always identification, stop and search persons and vehicles, look like terrorists; they can look like anybody in the direct persons to leave or remain at a specified area, street. It was a very big eye-opener for me. I had just seize items and cordon off areas, and police are moved into a new house with my wife and we got up authorised to use these special powers and use whatever and had a look at it. On September 11 the police force is reasonably necessary to exercise these powers. academy was closed, and every recruit sat around and They are pretty strong powers, and how they are watched TV. We could not believe what we were exercised needs to be reviewed to ascertain whether we seeing unfold in front of our eyes on the other side of need to vary the wording of the legislation or vary the the world. intent more significantly. What is important following on from September 11, I note that the legislation is clear that these powers for and what we have taken on over here, is that Victoria demanding identification relate to police. They do not should be proactive when it comes to protecting our relate to people in the street or to members of communities. After the Bali bombings of 2002, the SIG Parliament being able to demand identification from (security intelligence group) was formed within people or to get involved in situations. That is sensible. Victoria Police. Its members also work with the federal The police are properly trained to be in a position to police to ensure that information is passed around the demand identification from people and undertake country to protect everybody in our local communities. searches in appropriate circumstances. Anybody who is SIG played a key role in the investigation into the plot doing this needs to be properly trained. We do not want to attack the 2005 AFL Grand Final. Targeting our people in the street like myself or other members of sport is targeting the heart of Victoria. Football has Parliament simply going out there and getting been a relief during many circumstances, including themselves involved in situations where they do not times of war. It gives people an opportunity to get away have training and are not in a position to deal with from what is going on, to unwind, sit down and forget every eventuality. the terrors happening in the world. That was possible during the world wars and hopefully we can continue to I support the legislation before the house. Everybody in have that relief in the future without sport being a this house would agree that it is appropriate to review target. any terrorism legislation we put in place and that we should review it in line with other reviews taking place Attacks have also taken place in England, Spain, Bali, across the country as agreed under COAG. We have the USA and Australia. We understand this has been very fortunate in this state not to have any changed the way we live today. A perfect example of significant terrorism acts committed here, but we want the way our life has changed is encountered when you to keep it that way. It is appropriate that we remain go to the airport. Basically you used to walk in, hop on vigilant, that we watch what is happening around the a plane and off you would go. Now you have to go world and that we appropriately gauge our legislation to through two lots of security checks, and I believe they do all we can to continue to make our people feel safe are even looking at requiring photo identification to get and be safe. on a flight. Some people may say it takes a long time to get through, but safety comes first, and we want to Mr BATTIN (Gembrook) — I rise to support the ensure that everybody has an opportunity to hop on a Terrorism (Community Protection) Amendment plane and feel safe. Bill 2011. This bill is about more than just a change of date. It is about ensuring a review of policies to protect We also support the federal government’s work to our state and our country, about ensuring a balance of create uniform national legislation to ensure that no people’s rights and responsibilities and also about being attacks like those in New York, London, Bali and able to move freely through our state. We have seen the Madrid can occur in Australia. We want to ensure that worst of terrorism in our world. Nobody can go past as a government we work with our police officers in what happened on September 11, 2001. As soon as you Victoria to protect our residents as best we can and to
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Wednesday, 29 June 2011 ASSEMBLY 2363 ensure that we work with the federal government to The original extension of the review date was to allow change the date in the act to provide for the review of the Victorian review of the act to coincide with the its operation, which will protect Victorian people and proposed COAG review of uniform national their rights and freedoms. counter-terrorism legislation. These are all measures that unfortunately Australia, including Victoria and the I will not make a big contribution today, and I conclude other jurisdictions — like other nations — has had to by highlighting something that I think shows the take in order to respond directly and firmly to the Australian spirit in the face of adversity. On 12 October possibility of potential events of terrorism. I think it is 2002 a bomb was detonated near the Sari Club in Bali important to record that when it comes to this where 202 people were killed, including 88 Australians. legislation and when it comes to measures to fight There were hundreds of stories of everyday people terrorism, both sides of the house are united as one; becoming heroes on that day. They saved a friend or there should be no mistake about that. There is no room they saved a stranger; they walked down a street while for anything except a united position, other than in injured to help and protect as many as they could. There details and discussions around the margins, among all were also 240 other people who were injured, some of political parties in Australia in order to respond to this. whom were later to become heroes in their own countries. I can speak from a little bit of experience much before September 11, because as members would be aware, I One such man was the AFL football legend Jason grew up in a Spanish-speaking country, and for a long McCartney. At the time of the bombings Jason was at time in Spain we had to deal with ETA, which is the Paddy’s Bar with mates just near where the first bomb Basque terrorist organisation. In the Spanish-speaking was detonated. Jason suffered burns to more than world we have known of these events, which are 50 per cent of his body. As a burns victim I understand strongly condemned by the absolute majority on the left the physical pain that Jason went through on that day. and on the right of the political spectrum in the He broke the barrier of pain to assist those around him Spanish-speaking world, because it is simply wrong to who were injured. McCartney was told that he would do anything other than work within democratic not return to the AFL, but following a long institutions to uphold the rule of law. I say that very rehabilitation period and much pain and hard work, on strongly and very passionately. 6 June 2003 Jason returned to the field for one last game against Richmond. I attended that match just to There are issues that need to be placed on the record, watch Jason McCartney run out onto the ground at and members on both sides have spoken very well what is now Etihad Stadium. The win of the night was about those issues. It is important that we introduce and totally insignificant compared to the significance and continue to use measures that are designed to find out if the belief of many victims. It has proved that we will any terrorist events are in the process of being fight and that we will win the fight against terrorism. I organised. We must do that, but in doing so must be support the bill. cognisant that from time to time we may relinquish some of the very precious freedoms and rights that we Mr LANGUILLER (Derrimut) — I rise to support have upheld strongly for centuries. The challenge is to the Terrorism (Community Protection) Amendment take appropriate measures and to give the authorities Bill 2011. The purpose of the bill is to amend the the powers they require to deal with terrorism in Terrorism (Community Protection) Act 2003 to provide Australia, while always keeping in mind that the very for the review of the operation of that act to be things the terrorists are against are some of the things undertaken and completed by 30 June 2013. we should never relinquish. They include the rule of law, the freedoms of speech and of association and, of On 27 September 2005 the Council of Australian course, the very important principles of natural justice Governments, otherwise known as COAG, agreed to and procedural fairness. strengthen Australia’s counter-terrorism legislation. It was then the Labor government that introduced We have to have the checks and balances. We have to legislation for the purposes of working with the other be able to take the measures while on the other hand states and the commonwealth in response to events that ensuring that we continue to hold our nerve and uphold had taken place in other parts of the world. In the rule of law, natural justice, procedural fairness and accordance with the COAG agreement, the Terrorism the rights of individuals to appeal and to question (Community Protection) Act 2006 inserted part 2A, potential charges and so on. It is that balance that entitled ‘Preventative detention orders’, and part 3A, confirms that we remain a very strong society with a entitled ‘Special police powers’, into the Terrorism very strong government that will fight terrorism. The (Community Protection) Act 2003. checks and balances are important, as is not
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2364 ASSEMBLY Wednesday, 29 June 2011 relinquishing the rights that our predecessors fought for ought to recognise that, to my knowledge, Sri Lanka for centuries. happens to be the first state that has actually dealt with that situation. As I have said time and again throughout In relation to terrorism I adhere to a notion that was my engagement with the labour movement and politics quite often used by Nelson Mandela. He said that we since the age of 13, I support right causes, whether they need to oppose terrorism carried out by individuals — are for autonomy or rights to do with languages, and I certainly oppose those actions very strongly. I nationalities, minorities and so on. I am passionate also oppose those actions carried out by groups, and I about democracy and the rule of law. I am passionate also oppose terrorist actions carried out by states — and about playing the game within the rules, and I think we from time to time humanity has experienced that. Of in this nation have the best rules of this game. We are course the one that comes to mind immediately is the second to none in the world, and we should very most horrendous act of terrorism against the Jewish strongly and passionately uphold that ethic and never people in the Second World War. What a horrific be ashamed of saying so publicly. disaster that was, carried out by a state against a people. Rwanda comes to mind as well, where states committed I support this bill because I think we need to do atrocities. whatever it takes to defeat terrorists and prevent any potential events of terrorism in this nation. I have a very Members might be aware that I come from a part of the respectful word of caution for my colleagues in this world that experienced state terrorism. In Argentina chamber that we must always look out and make sure there are still 30 000 people who are missing. The state that we do not relinquish the very rights and freedoms took charge and 30 000 people disappeared. In my that the terrorists wish to defeat, like the rule of law, country of birth, Uruguay — and I will never forget freedom of association, freedom of the press, natural it — 69 friends of mine, friends with whom I went to justice and procedural fairness, all of which we ought to primary and secondary school, disappeared and are remain strongly proud of. dead. That was carried out by the state. One in every 50 of us born in Uruguay was put through Mr NORTHE (Morwell) — It gives me great imprisonment and torture, and people can read human pleasure to rise to support the Terrorism (Community rights reports from the United Nations, Amnesty Protection) Amendment Bill 2011. I am also pleased to International and so on. see the opposition supporting it, as we would expect because it is important legislation that impacts upon all We have to be very cognisant that there are states and of us. countries and events around the world that impact upon us, and we can draw lessons from all of them. Many This bill amends the Terrorism (Community examples come to mind, but particularly that of Protection) Act 2003 and essentially provides for the September 11. Like members on both sides of the review of the operation of that act to be undertaken and house I will never forget watching news reports of that completed by 30 June 2013. event. I was in Sydney at the time. I then found out that a great Australian and personal friend of mine by the The topic of terrorism is obviously a serious one. It has name of Dominguez, born in Uruguay like me, was on been interesting to listen to other members convey their the second aircraft. He was a Qantas worker, a good thoughts on terrorist activities which have happened worker highly commended by Qantas, and just around the world. This is one of those occasions on happened to be on that aircraft. How unfair that is. Of which we all recall where we were when these course we will not forget each and every other significant events occurred. We must denounce Australian and every other citizen of the world who terrorism. It is very difficult to fathom that people can perished on September 11. As members on both sides undertake activities of such an abhorrent and cowardly of the house have indicated, there were also the nature. What we need to do as governments is make bombings in Bali, and what a horrendous experience sure we are doing everything we can to stop this type of they were for the Victorians and Australians there. activity not only here in Victoria and in Australia but around the world. Unfortunately this is a worldwide I have a large constituency of people from a Sri Lankan issue. A number of conflicts and terrorist activities have background. Not much has been said about this, but I happened both here — and the member for Prahran am of the view, having looked into this issue very gave us a history lesson about that — and overseas, closely, that the government of Sri Lanka deserves particularly in more recent times. some recognition in relation to its absolute victory over the Liberation Tigers of Tamil Eelam in Sri Lanka. As I At this juncture it is important not to forget our troops said, not much is mentioned about that, but I think one who are serving both here and overseas. Obviously
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Wednesday, 29 June 2011 ASSEMBLY 2365 there is the activity within Afghanistan, and our in Victoria had planned an attack on the Holsworthy courageous servicemen and women are fighting a battle army barracks in Sydney. It is frightening to consider over there. Unfortunately we have seen a number of the ramifications if we had not acted on those terror Australian fatalities associated with that particular cells and taken a proactive approach to ensuring that we conflict, and we must remember them in the context of caught those people before they undertook such this legislation. abhorrent activities. The vigilance and security required around terrorist activities must be supported by all Other members have pointed out that September 11 levels of government, and that is what this legislation will forever be etched in their minds because of those does, among other things. All the events that members devastating and frightening scenes that came across our have described during this debate are tragic reminders television screens. Nearly 3000 people died during of the human devastation and the evil minds of some of those terrorist attacks, and some 10 Australians were the perpetrators. amongst them. The impacts on not only America but also across the world were profound and are still felt to Essentially this bill seeks to extend to 30 June 2013 the this day. When we think back and take into account the date by which the review of the Terrorism (Community number of fatalities and the number of people Protection) Act 2003 must be completed. As other permanently maimed and injured through that type of members have said, it is imperative that we have a activity, it is very difficult to fathom. national approach to counter-terrorism legislation and that we ensure that it is undertaken consistently. The Australia has also been touched by terrorist activities. Council of Australian Governments (COAG) There were obviously the London bombings in July committed to a review of the uniform national 2005. Again it is very difficult to understand what counter-terrorism legislation, and Victoria must occurred during that event. One Australian was killed therefore analyse its legislation to ensure that there is and many more were injured. There were 56 deaths in consistency between the two. total in central London; that is difficult to accept. As we know, despite Victoria and other jurisdictions Other members spoke about the 2002 Bali bombings, being ready to go, the COAG review was delayed at the and I guess that is when we really knew as a nation the national level. My understanding is that that was in part impacts of terrorism. Two hundred and two people due to the appointment in April this year of Mr Bret were killed, and countless others were permanently Walker, SC, as the independent national security maimed, scarred and injured for life, both physically legislation monitor. Mr Walker obviously has a strong and mentally. In his contribution the member for background in the legal area. He was admitted to the Gembrook gave a very good account of the vast evils New South Wales bar in 1979 and was appointed as that can occur in the world, but also on the other side of senior counsel in 1993, so obviously Mr Walker has the coin he spoke of the courageous nature of so many significant experience that will contribute to his people when they have to deal with such terrible handling of this very important position. situations. In Bali in 2002, 88 Australians died, including 22 Victorians. Relatives and friends of those My understanding is that the national security monitor who were injured or killed would still be feeling the was appointed under the federal Independent National effects of that very much today and will do so for the Security Legislation Monitor Act 2010, and the current rest of their lives; it was a terrible thing to witness. One federal government introduced the legislation creating should not forget that in Bali in October 2005 there was this position in response to recommendations made by another terrorist attack and that four Australian deaths the Parliamentary Joint Committee on Intelligence and were recorded at that time as well. Security as well as recommendations made by the independent Security Legislation Review Committee It is not just Victorians and Australians impacted by and the Clarke inquiry into the case of Dr Mohamed these attacks. The Balinese people, who are generally Haneef. We wish Mr Walker well in his role as the gentle in nature, were also affected, and it was a long independent national security legislation monitor. road to recovery for them as their tourism and business activity was severely impacted by those disgusting acts The time lines for the COAG review are not known; of violence. however, Victoria and the other jurisdictions seem ready to take this on. The member for Ballarat East In Victoria, the Age newspaper of 24 December last mentioned in his contribution that the Victorian review year reported an incident under the heading ‘Three will consider parts 2, 3 and 6 of the Terrorism guilty, two walk free over terror attack planned at (Community Protection) Act 2003. Part 2 deals with barracks’. In that instance some individuals who lived covert search warrants, part 3 deals with police powers
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2366 ASSEMBLY Wednesday, 29 June 2011 and part 6 contains the requirement that providers of be carried out in our country, in our state or in our essential services maintain risk management plans to suburb; being in Australia does not mean we are identify and mitigate the risk of terrorist attacks. The immune from terrorism. COAG review will look at parts 2A and 3A of the act as well. The state and federal governments in Australia have all declared themselves to be committed to the fight In conclusion, I am pleased to support this important against terrorism in this country and through our armed legislation. I am pleased that the opposition also forces abroad. There is no justification for any member supports it. I think we all understand that there needs to of any Parliament, state or federal, to use their be a collaborative approach to counter-terrorism in this respective Parliaments to support or endorse terrorist country. We always have to be vigilant and ensure that activities just because the supporters and sympathisers we have the right legislation, measures and security of those terrorist organisations support those around this in the future for the safeguarding of all parliamentarians in the Australian political process. Victorians and Australians. That is a selfish, hypocritical approach.
Mr PERERA (Cranbourne) — I rise to support the We were worried about attacks in Australia. That threat Terrorism (Community Protection) Amendment Bill is still imminent on our soil, even after the death of 2011. This bill amends the principal act to extend the Osama bin Laden. Similarly, the people of Sri Lanka date to 30 June 2013 by which a review of the operation underwent a daunting period of time during the past of that act must be completed and tabled in Parliament. three decades. Fathers who hugged their kids and wife This will potentially assist with a thorough, detailed and left home to go to work in the morning were not review of the Victorian act and not threaten the COAG sure of returning home without being a victim of a review process that will be occurring simultaneously. bomb blast in a public place or in their workplace. The majority of victims who suffered most and on a We have experienced bombings in Bali, London and continuous basis were those of Tamil ethnicity. other places. We have heard, seen and read about Australian victims, their suffering and their stories. We Politically motivated killings, arbitrary arrests, have seen the television footage of the September 11 harassment, abduction, detention, torture, extortion, attacks — a series of four coordinated suicide attacks intimidation, the use of children as child soldiers, by al-Qaeda on the United States on 11 September kidnappings and conscription are some of the many 2001. On that morning, 19 al-Qaeda terrorists hijacked fundamental rights violations of the LTTE. Under the four commercial passenger jet airliners. The hijackers LTTE the Tamil people, who had enjoyed democratic intentionally crashed two of the airliners into the Twin and human rights in those areas, had been deprived of Towers of the World Trade Centre in New York, many of their basic rights, and hardly a day would pass killing everyone on board and thousands of those without at least one person being killed in those areas. working in the buildings — many innocent people. The hijackers crashed a third airliner into the Pentagon, and The Sri Lankan foreign minister, who was of Tamil a fourth plane crashed into a field in rural Pennsylvania. ancestry, was brutally killed. The first political leader Nearly 3000 victims and the 19 hijackers died in the who was killed was the Tamil mayor of Jaffna, Alfred attacks — in vain. It could have been anybody from Duriappa. The LTTE was also smart enough and any part of the world who happened to be there. ruthless enough to kill former Indian Prime Minister Rajiv Gandhi and former Sri Lankan Prime Minister The latest bomb attack, as we have learnt, was today in Ranasinghe Premadasa. A number of Tamil leaders Kabul. The attack was on the Hotel Intercontinental, were killed during those three decades of violence. which is a popular place among foreigners. These random, purposeless terrorist attacks do not Osama bin Laden died at the hands of American special discriminate between soldiers and civilians. The forces who raided his hideout in Pakistan. The demise terrorist activities against democratically elected of this evil, fanatical mass murderer, who had the blood governments in any part of the world are equally of thousands on his hands and a desire to kill many vicious. Just because some terrorists operate in different others, was long awaited and truly welcomed. parts of the world and have different targets, there is no excuse to condemn one and support another. That is How many of us are concerned about how Osama bin hypocrisy. The al-Qaeda terrorists, the Liberation Laden was killed? Nobody cares except his followers. Tigers of Tamil Eelam (LTTE) in Sri Lanka or any On the contrary, it was cause for a celebration, because other terrorist group in any part of the world must be he masterminded the killing of many innocent people. condemned with the same vigour. Their activities could Velupillai Brapakarun and LTTE leaders died at the
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Wednesday, 29 June 2011 ASSEMBLY 2367 hands of Sri Lankan special forces who raided his soil in Australia. It does not matter. Terrorism kills hideout in the northern part of Sri Lanka. Not very people. Many people would be killed and many many people except a very small minority of his families would be displaced as a result of terrorist followers are concerned about how he died. On the activities. All terrorism should be condemned. contrary it was cause for a celebration also, because he Therefore I commend the bill to the house. masterminded the killing of many innocent people as well. Members should make no mistake about it: he is Ms MILLER (Bentleigh) — The coalition no different from Osama bin Laden. They are terrorists; government is committed to the fight against terrorism they would not have joined the peaceful democratic in the state of Victoria as well as throughout our process even it was presented to them. country and overseas. People in the Bentleigh electorate, like all people of Victoria, have been directly The Sri Lankan government negotiated to bring LTTE impacted upon by terrorism and terrorist acts such as into being involved in a political solution, but every the Bali bombings in 2002, the London bombings in attempt failed. In terms of the Sri Lankan situation, 2005 and the attack on the World Trade Centre in New some of the well-respected Tamil political party leaders York on September 11, 2001. had the opportunity to work with the mainstream political parties which supported and recognised that Our loved ones have been tragically taken from us, and the Tamil language should be a state language at the we have a responsibility to do whatever it takes to time when the Sri Lankan government was trying to ensure that such events do not occur again. This move to replace English with Sinhala as the state government supports the system of national uniform language. On 19 October 1955, Dr N. M. Perera, the counter-terrorism legislation — that is, legislation Leader of the Lanka Sama Samaja Party, commonly which is used to detect and prevent potential terrorist known as LSSP, moved a motion in Parliament to the attacks and to ensure that terrorists are prosecuted under effect of making Sinhalese and Tamil state languages of our criminal law. It is clear that when strong powers are the country. In his speech he said: given to police and governments we should subject all legislation to safeguards and review. … we must try to allay their suspicions, make them realise that we have nothing but goodwill for them and that we want This bill amends the Terrorism (Community to treat them as equals. Protection) Act 2003 to extend the date by which a The suffering of the Tamils until the LTTE was crushed review must be completed — it is extended to 30 June was due to the lack of foresight on the part of the 2013. It must be noted that the original date of 30 June so-called Tamil leaders. In terms of the official 2011 was intended to coincide with the COAG language issue, Dr N. M. Perera under the banner of (Council of Australian Governments) review. Although LSSP took a firm stand and advocated for parity the coalition government upheld its responsibility and between the Sinhala and Tamil languages when dealing was ready to start the review as of December 2010, this with the government. However, in the general election was unable to occur because the COAG review was in 1956 and in any election after that, the LSSP never delayed by the commonwealth until 30 June 2013. won seats in Tamil areas. No Tamil leader was willing It is my understanding that the delay was attributed to to work cooperatively with LSSP to find solutions to the commonwealth creating a new position — that is, the state language issue. There was no excuse the independent national security legislation monitor in whatsoever for resorting to violence to resolve those 2010. This monitor will provide an oversight of the issues. Members of Parliament in Australia should not uniform national counter-terrorism legislation, be hypocritical in ignorantly supporting the LTTE including aspects of Victorian legislation. It is vital that cause. It could become a mockery of this process. They both the COAG review and the Terrorism (Community should leave Sri Lanka alone to bring all ethnic groups Protection) Act 2003 review take place concurrently as together and build the nation. the COAG review will consider key features of the The nature of terrorist organisations is to terrorise. They Victorian act — that is, parts 2A and 3A. do not believe in a peaceful, political process. They can In 2006 these parts were included in the Terrorism emerge in any part of the world, including Australia. (Community Protection) Act 2003 as a result of a That is why we need carefully crafted legislation to COAG agreement to further strengthen Australia’s monitor, control and defeat any attempts to launch such counter-terrorism legislation. Part 2A regulates unsavoury terrorist activities and threaten the safety of preventative detention orders, which allow for the all Australians. It pays to condemn all terrorist activities detention of a person without charge for a maximum of without any bias, irrespective of whether they take 14 days where necessary to prevent a terrorist attack or place in Afghanistan, Iraq, London, the USA or on our
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2368 ASSEMBLY Wednesday, 29 June 2011 preserve evidence of a terrorist act. Part 3A describes is going to blow up — or even a plane, for that matter. I special police powers for use in certain circumstances think the Terrorism (Community Protection) such as to demand identification from a person, stop Amendment Bill 2011 is one that we should consider, and search a person and vehicles, direct persons to and we should review the Terrorism (Community leave or remain at a specified location, seize items and Protection) Act 2003 by 30 June 2013. I commend the cordon off areas. Police authorised with these special bill to the house. powers may also use whatever force is reasonably necessary to exercise these powers. Mr SCOTT (Preston) — I rise to speak on the Terrorism (Community Protection) Amendment Bill To reiterate: it is imperative to consider the COAG 2011. The opposition does not oppose this bill. I would recommendations and liaise with the independent firstly like to state that the protection of citizens from national security legislation monitor before any external or internal threats to their security is one of the proposed review of the Terrorism (Community fundamental roles of the state, and when I say that I Protection) Act 2003 takes place. The revised timetable mean in a general sense that coercive powers are given for the COAG review has not yet been set. Therefore it to state actors in order to protect the collective security is evident that to ensure that the Terrorism (Community of individuals. That is always an important process, and Protection) Act 2003 appropriately enables the the utilisation of terrorism in the modern context has detection and prevention of potential terrorist attacks posed a significant threat to the welfare and safety of the date of review must be postponed to 30 June 2013. members of our community.
Finally, the Baillieu government is very clear about its It has been touched on by previous speakers that this aim to protect all Victorians. One of our key policies bill ultimately relates to legislation that was generated was to employ 940 protective services officers in by Council of Australian Governments (COAG) addition to 100 transit police. This equates to a cost of processes in response to the Bali bombing and the approximately $212 million. The Victorian people this September 11 terrorist attacks. I am sure all members week have responded very favourably to this particular hope successful legislative action was taken to prevent policy, and it is disappointing that the opposition has terrorist attacks. The bill is a fairly simple one that not considered this to be a priority for all Victorians. extends the time line for a review of the original Globally and nationally there have been terrorist attacks legislation because of the commonwealth’s which have impacted on all Australians in one way or appointment of Mr Bret Walker, SC, to the position of another, whether it be directly through family and independent national security legislation monitor. This friends or indirectly through people they know of. It is did not occur until April of this year, and that prevented important that we take this seriously and ensure that the implementation of the original time line for the terrorist attacks like those that have occurred in the past federal review and therefore the state review of the act. are never repeated. It is a fairly simple machinery-of-government bill that relates to actions by the commonwealth government It makes sense that we postpone looking at this act and the time lines and constraints created by again until 30 June 2013. The step the Baillieu commonwealth action. government has taken in introducing PSOs and transit police is a very responsible one, and if we look at this at I am, however, slightly disappointed that the last a local level, we see that that sort of action could government speaker attempted to score a reasonably potentially transfer to a global level. All members of the cheap political point in this debate. I think all members house would agree that security is very important to all in this house take very seriously issues related to of us. It allows us to go about our daily lives safely, terrorism and the need to protect the community from appropriately and without having to look over our terrorist attacks. It is an important issue and one that has shoulders every day, week, month or year, wherever we not been the subject of partisan political debate so far. I go, whether we are shopping in our local shopping had hoped that that would continue, because there is a centres, dropping our children off at school or travelling need to protect individuals from non-state actors who interstate or overseas. wish to use violence to advance political means. I would hope that we live in a community where violent We are approaching the school holidays, and the action to achieve political means is foreign to our Parliament is about to take a winter break. It is culture and remains foreign to our culture. important that we can all go about our daily lives, take trips and spend time with those we choose to in a safe Sadly, legislative action has been required at both a environment. It is important that we do not have to federal and state level to ensure that our community has worry about whether a bomb is going to go off or a car the best protection that we feel we are able to provide.
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This bill is a sensible part of that process. However, For the 11½ years I have been in this chamber — and I part of ensuring that the most basic rights of the think you, Acting Speaker Languiller, have also been community are protected by the prevention of terrorist here for that long — the convention of the house has attacks involves commitment to a bipartisan approach been to deal with second-reading speeches after to those particular issues wherever possible. The Labor 4.00 p.m. on Thursdays. I recall a number of late Party does not oppose the bill, and I believe it will Thursday nights when we had a number of achieve speedy passage through both this and the other second-reading speeches to deal with and when those of house. us who are country members and have some distance to travel did not get away at 4 o’clock or 5 o’clock but at Ms CAMPBELL (Pascoe Vale) — I rise to speak 6 o’clock. However, that was our lot in life and what briefly in relation to the Terrorism (Community we understood to be the result of the practice of the Protection) Amendment Bill 2011. There are only a house of dealing with second-reading speeches couple of points I want to make. The purposes of the following the completion of government business bill have been clearly outlined. It is a very clear bill. I program items at 4.00 p.m. thought members of the house would be particularly interested in any adverse comments the Scrutiny of The time we have during the course of a sitting week Acts and Regulations Committee might have in relation for debate on items is precious. Our role as members of to this legislation and the Charter of Human Rights and Parliament is to consider and speak on legislation; that Responsibilities. The house can be assured that SARC is the role we are elected by our constituents to do. I am has looked at the bill and understands the reasons for it. not comfortable with this move by the government, and I make that comment and put it on the record. I wish the it is not the first time this year that the government has bill a speedy passage. moved to have second readings undertaken during the course of the day. I am happy from time to time, when Debate adjourned on motion of Mr HODGETT there are exceptional circumstances, as was the case (Kilsyth). with the Minister for Public Transport a couple of sitting weeks ago when he needed assistance to scoot Debate adjourned until later this day. away at around 4 o’clock on the Thursday — —
Mr Mulder — I think you are trying to trip me up. BUSINESS OF THE HOUSE Ms ALLAN — Not at all. I am on the minister’s Orders of the day side; he should know that by now. From time to time we are happy to accommodate exceptional Mr McINTOSH (Minister for Corrections) — I circumstances, because we understand they do arise. move: However, this is becoming a pattern that I am not keen That the consideration of government business, orders of the to see continue. The normal practice, as I have said, is day, nos. 2 to 8 inclusive, be postponed until later this day. for second-reading speeches to be undertaken after 4.00 p.m. on Thursdays, following the conclusion of the Ms ALLAN (Bendigo East) — I wish to speak on government business program and the passage of those the motion moved by the Leader of the House. I items on the notice paper. If we introduce a practice indicate to the house and to the Leader of the House where second-reading speeches are held during the time that the opposition does not support the postponement allotted to debate, it will mean we will not get to those of the items on the notice paper. The next item on the items on the government business program. There are a notice paper is significant and one that each and every number of important items, but most particularly I draw one of the 88 members of this house has a direct the attention of the house to the Parliamentary Salaries interest in. It is to do with the introduction of a fine for and Superannuation Amendment Bill 2011, which the naming of members of Parliament as a result of every member on this side of the house wishes to their conduct in this chamber. We will debate the merits express a view on. of the Parliamentary Salaries and Superannuation Amendment Bill 2011 when it is called on, and I seek Now we are seeing the time set down for the from the government that we do so immediately rather government business program being eaten into. One than dealing with second-reading speeches, which I can only presume it is because the government does not understand the government is seeking to do at this want the scrutiny and accountability that is applied by stage. the opposition to its actions. So be it; that is also a pattern we are seeing well and truly develop from this government, which ducks and weaves at every turn to
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2370 ASSEMBLY Wednesday, 29 June 2011 avoid accountability and scrutiny. Be that as it may, I proposed that that legislation be deferred for the do not support the postponement of the consideration purpose of simply second reading bills that could be by the house of the Parliamentary Salaries and second-read in the normal course of events under the Superannuation Amendment Bill 2011. It is the next standard procedures of this Parliament. In those item on the notice paper, and I believe the house should circumstances it is necessary that sufficient time be put turn immediately to debate it. aside to enable members to express a view about the legislation that is yet to come before us, rather than time Mr CRISP (Mildura) — I rise to support the motion being taken to worry about bills that are yet to be moved by the Leader of the House. What we are seeing second-read. is typical time wasting by the opposition. There is so much passion about wanting to get on with debate on As an opposition we think it is important that scrutiny the bill, but if we had got on with the business of the and accountability start first and foremost with the bills house, we would be halfway through the second that are on the notice paper. Those are the bills that we readings by now. The opposition has been offered until are charged with the responsibility of debating in this 10 o’clock tonight to debate the Parliamentary Salaries Parliament, having had the opportunity to be briefed on and Superannuation Amendment Bill 2011, which is the content and terms of that proposed legislation. We surely adequate time for that debate. The manager of should not simply change the order in which opposition business carrying on like this smacks of second-reading speeches are made in this Parliament by hypocrisy. By my memory, it is a convention that has having them delivered on a day that would not been broken several times in the past. Let us get on with normally be set aside for them. Unless there are the second readings of bills and prevent this time exceptional or compelling reasons why the normal wasting. form, course and processes of this chamber should be altered, there is a very good argument for saying that Mr PALLAS (Tarneit) — I rise to support the this should not be allowed to occur by happenstance. If opposition’s position on the motion to depart from the there is to be a change to how matters come before this notice paper as circulated. At the outset I make the chamber, there should be justification for the change to point that it is not appropriate for the house, other than the process. After all, the government puts together its when we think there are exceptional circumstances, to business program and it argues for what it needs to require a move away from debating the bills that are prosecute in this place to have the state of Victoria already on the notice paper. The position I am putting functioning effectively. That is what the business was supported by the previous speaker when he program is all about, and that is what we are here to indicated that it is a convention that is applied, although address. it is not applied each and every time. This convention is applied unless there are exceptional circumstances that Many members of this chamber, I for one, want to talk would otherwise warrant a moving away from it. about what is in the government’s business program and to debate in particular the implications of the There are people in this chamber, particularly on this Parliamentary Salaries and Superannuation side, who actually put some value on the opportunity to Amendment Bill 2011. It is critically important that we speak about bills that substantially impact upon the do not change the direction, focus and business of this effective functioning of the Parliament and upon the chamber simply for the lame convenience of the right of members to get up, speak their mind and government and without a clear and focused represent their constituencies, such as on the explanation for why those circumstances should Parliamentary Salaries and Superannuation change. There has been no explanation. The Amendment Bill 2011, which is yet to come on. That government is simply saying, ‘Let us get on with the bill is next on the notice paper, and we should turn our job of doing whatever we see as appropriate’. minds to it now. We should not be subjected to the time wasting those opposite encourage us to engage in by There are circumstances that would warrant a seeking to circumvent the ordinary course of business second-reading speech being brought forward early and of this place. We therefore take the view that if the we accept that. We do not accept the government government is of a mind to get on with the job of this saying, ‘Change the business program that we as a Parliament, then it should do it as is proposed on the government put forward because we think it would be a notice paper and do nothing more. good thing to do’. This is once again a demonstration that this government is not open to scrutiny and does Quite frankly a substantial piece of legislation is on the not believe in the business of accountability. The notice paper, and the gagging of members of government simply wants to ram through its agenda, Parliament is an implication of that bill. It is being however it sees fit.
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Mr HODGETT (Kilsyth) — I cannot believe the Parliament. We want to debate that bill and to have the stupidity of opposition members wanting to spend half opportunity to do that in this chamber. We are not an hour debating this motion when we could be moving confident that we will be afforded this opportunity. The through the second-reading speeches in under that time. reason we oppose the changes to the business program It is little wonder that they wasted the opportunity to get is our lack of confidence in how this government has $3 billion from poker machine licences. I can behaved in not honouring its commitments to the understand the opposition is embarrassed by the opposition on the length of time that will be given for Auditor-General’s report and will try anything to debates. We will continue to be sceptical until the deflect attention from that, but the hypocrisy is government starts honouring the commitments it gives unbelievable. In the 56th Parliament time after time the to the opposition, so that we can plan our debates opposition, then in government, fiddled with and accordingly and members can be afforded the interrupted the business program to suit its own opportunity to make the contributions they wish to commitments, needs, ministers’ commitments and make. media commitments and presented second-reading speeches during the time allocated for debate. If we are The ACTING SPEAKER (Mr Languiller) — able to get past this motion and through the Order! The Chair will not hear anything further on this second-reading speeches, there will be ample debating debate. We have had six contributions, including that of time left to scrutinise the remainder of the bills that the Leader of the House. As I understand it, it is now members on both sides of the house want to get on incumbent upon the Chair to put the question. with. I commend the motion and seek support for it. House divided on motion: Ms THOMSON (Footscray) — I rise to oppose the change to the business program. I do so because this Ayes, 44 government has form when it comes to making Angus, Mr Mulder, Mr Asher, Ms Napthine, Dr commitments on the debates that are to occur in this Baillieu, Mr Newton-Brown, Mr house. I hark back to the Equal Opportunity Battin, Mr Northe, Mr Amendment Bill 2011, where a guarantee was given Bauer, Mrs O’Brien, Mr that members on this side would be afforded every Blackwood, Mr Powell, Mrs opportunity to speak on the bill and it was denied us. Bull, Mr Ryall, Ms Burgess, Mr Ryan, Mr We did not get the opportunity we were expecting; Clark, Mr Shaw, Mr there were MPs who had done their research and were Crisp, Mr Smith, Mr R. prepared to come into this house to debate what was for Delahunty, Mr Southwick, Mr us an iconic piece of legislation who did not get the Dixon, Mr Sykes, Dr Fyffe, Mrs Thompson, Mr chance to do that. If members on this side stand up and Gidley, Mr Tilley, Mr oppose the government’s changes to the business Hodgett, Mr Victoria, Mrs program, which the government gets to set at the Katos, Mr Wakeling, Mr beginning of the parliamentary week, we do so in that Kotsiras, Mr Walsh, Mr light. McCurdy, Mr Watt, Mr McIntosh, Mr Weller, Mr McLeish, Ms Wells, Mr We understand that from time to time there will be Miller, Ms Wooldridge, Ms necessary changes to the government business program, Morris, Mr Wreford, Ms but that is not the case here. There is no urgency and no requirement to bring on the second-reading speeches Noes, 42 now. This is about government members ensuring that Allan, Ms Howard, Mr Andrews, Mr Hutchins, Ms we do not get to adequately debate the bills before the Barker, Ms Kairouz, Ms house that we wish to debate after work has been put in Beattie, Ms Knight, Ms by opposition members to make their contributions on Brooks, Mr Languiller, Mr important legislation. Campbell, Ms Lim, Mr Carbines, Mr McGuire, Mr We have heard from other members on this side of the D’Ambrosio, Ms Madden, Mr Donnellan, Mr Merlino, Mr house that there are many members who wish to speak Duncan, Ms Nardella, Mr on the Parliamentary Salaries and Superannuation Edwards, Ms Neville, Ms Amendment Bill 2011 and have a lot to contribute to Eren, Mr Noonan, Mr debate on that bill and the lack of respect this Foley, Mr Pallas, Mr Garrett, Ms Pandazopoulos, Mr government shows for this house, the way it operates Graley, Ms Perera, Mr and the separation between the executive and the Green, Ms Pike, Ms
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Halfpenny, Ms Richardson, Ms convictions for fraud and dishonesty offences that are Helper, Mr Scott, Mr over 10 years old for the purposes of the bus safety Hennessy, Ms Thomson, Ms accreditation scheme. Herbert, Mr Trezise, Mr Holding, Mr Wynne, Mr The bill introduces a dispute resolution mechanism where transport safety regulators have a difference of opinion where Motion agreed to. jurisdiction is shared, and that difference of opinion cannot otherwise be resolved, to avoid regulated bodies being caught in a stalemate between regulators.
TRANSPORT LEGISLATION The definition of a rail safety work infringement offence is AMENDMENT (PUBLIC TRANSPORT also amended by the bill so that the concentration of alcohol SAFETY) BILL 2011 in blood or breath is correctly stated and the offence is properly enforceable.
Statement of compatibility Human rights issues
Mr MULDER (Minister for Public Transport) The bill does not raise any human rights issues. tabled following statement in accordance with Charter of Human Rights and Responsibilities Act Conclusion 2006: I consider that the bill is compatible with the Charter of Human Rights and Responsibilities Act 2006 because it does In accordance with section 28 of the Charter of Human Rights not raise any human rights issues. and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the Transport The Hon. Terry Mulder, MP Legislation Amendment (Public Transport Safety) Bill 2011. Minister for Public Transport In my opinion, the Transport Legislation Amendment (Public Second reading Transport Safety) Bill 2011, as introduced to the Legislative Assembly, is compatible with the human rights protected by Mr MULDER (Minister for Public Transport) — I the charter act. I base my opinion on the reasons outlined in this statement. move:
Overview of the bill That this bill be now read a second time.
The main purposes of this bill are to promote public transport The main purposes of this bill are to promote public safety, to limit the regulatory burden on transport operators transport safety, to limit the regulatory burden on and to provide a means of resolving potential conflicts transport operators and to provide a means of resolving between decisions of rail and road safety regulators. potential conflicts between decisions of rail and road In the rail sector, the bill achieves its aims by — safety regulators.
aligning safety management requirements applying to These purposes are achieved by a range of practical rail operators with national provisions; measures. The bill recognises that to obtain the best clarifying the application of rail safety duties during regulatory and safety outcomes, legislation must take loading and unloading operations; and account of the practical realities involved in effective regulation. ensuring that Victoria can enter into reciprocal agreements with transport ministers of other states and territories so rail safety regulators can act cooperatively, The bill responds to the Victorian Ombudsman’s thereby reducing the regulatory burden on the rail December 2010 report (Investigation into the Issuing of industry. Infringement Notices to Public Transport Users and Related Matters) which noted significant In the bus sector, the bill reduces the regulatory burden by — underreporting of incidents involving authorised allowing registered operators of minibuses to continue to officers used on the rail, bus and tram networks. The use drivers with probationary driver licences where this changes made by the bill tighten government scrutiny is currently the case to avoid increasing the regulatory and oversight of passenger transport companies such as burden on operators who provide services for disabled people and other vulnerable people following Metro Trains Melbourne and Yarra Trams in their implementation of the Bus Safety Act 2009, which came management of authorised officers. into effect on 31 December 2010; and The bill supports the department’s ability to take action providing greater flexibility in scheduling compulsory against authorised officers involved in adverse incidents bus safety inspections; and by reducing reporting times from 14 days to 48 hours providing the director, transport safety with greater after an incident occurs. The Department of Transport flexibility in deciding to accredit persons holding will also be able to serve improvement notices
JUSTICE LEGISLATION AMENDMENT (PROTECTIVE SERVICES OFFICERS) BILL 2011
Wednesday, 29 June 2011 ASSEMBLY 2373 requiring passenger transport companies to take steps to JUSTICE LEGISLATION AMENDMENT improve their management performance. (PROTECTIVE SERVICES OFFICERS) BILL 2011 In the rail sector, the bill achieves its aims by — Statement of compatibility aligning safety management requirements applying to rail operators with national provisions; Mr RYAN (Minister for Police and Emergency Services) tabled following statement in accordance clarifying the application of rail safety duties during with Charter of Human Rights and Responsibilities loading and unloading operations; and Act:
ensuring that Victoria can enter into reciprocal In accordance with section 28 of the Charter of Human Rights agreements with transport ministers of other states and Responsibilities Act 2006 (charter act), I make this and territories so rail safety regulators can act statement of compatibility with respect to the Justice cooperatively, thereby reducing the regulatory Legislation Amendment (Protective Services Officers) Bill burden on the rail industry. 2011. In my opinion, the bill, as introduced to the Legislative In the bus sector, the bill reduces the regulatory burden Assembly, is compatible with the human rights protected by by — the charter act. I base my opinion on the reasons outlined in this statement. allowing registered operators of minibuses to continue to use drivers with probationary driver Overview of bill licences where this is currently the case to avoid The purpose of the bill is to provide protective services increasing the regulatory burden on operators who officers (PSOs) who are on duty at designated public places provide services for disabled people and other with appropriate powers in order for those officers to be effective in combating crime and antisocial behaviour vulnerable people following implementation of the occurring in those public places. The bill achieves this by Bus Safety Act 2009, which came into effect on amending the following acts to provide those officers with 31 December 2010; and certain powers:
providing greater flexibility in scheduling the Police Regulation Act 1958; compulsory bus safety inspections; and the Bail Act 1977;
providing the director, transport safety with greater the Control of Weapons Act 1990; flexibility in deciding to accredit persons holding the Crimes Act 1958; convictions for fraud and dishonesty offences that are over 10 years old for the purposes of the bus the Drugs, Poisons and Controlled Substances Act 1981; safety accreditation scheme. the Environment Protection Act 1970;
The bill introduces a dispute resolution mechanism the Graffiti Prevention Act 2007; where transport safety regulators have a difference of opinion where jurisdiction is shared, and that difference the Liquor Control Reform Act 1998; of opinion cannot otherwise be resolved, to avoid the Magistrates’ Court Act 1989; regulated bodies being caught in a stalemate between regulators. the Mental Health Act 1986;
The definition of a rail safety work infringement the Road Safety Act 1986; offence is also amended by the bill so that the the Summary Offences Act 1966; and concentration of alcohol in blood or breath is correctly stated and the offence is properly enforceable. the Transport (Compliance and Miscellaneous) Act 1983.
I commend the bill to the house. Human rights issues
Debate adjourned on motion of Ms RICHARDSON Liberty (Northcote). A number of provisions in the bill engage the right to liberty and security of person in section 21 of the charter act and, Debate adjourned until Wednesday, 13 July. most pertinently, the right not to be ‘arbitrarily’ arrested or detained (section 21(2)). The prohibition on ‘arbitrary’ interferences has been said to require that a lawful
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interference must be reasonable or proportionate in all the In addition to powers to arrest, the following clauses confer circumstances, and has also been said to incorporate elements on PSOs the power to apprehend, detain or move persons in of inappropriateness, injustice and lack of predictability. certain circumstances:
The following clauses confer on PSOs the power to arrest: Clause 10 inserts a new section 10AA(7) into the Control of Weapons Act 1990 to provide that a PSO Clause 6 amends section 24 of the Bail Act 1977 to may detain a person for so long as is reasonably provide that a PSO may arrest, without warrant, a person necessary to conduct a relevant search. There are various who has been released on bail for reasons including that procedural safeguards that apply for the purpose of there are reasonable grounds to believe that the person is conducting such searches. For those search powers to be likely to break, is breaking, or has already broken, effective, PSOs must be able to place necessary relevant bail conditions; or that any surety for the person restraints on the liberty of individuals to ensure that they wishes to be relieved of surety obligations for those receive cooperation for the duration of the search. The reasons; or that any surety is dead or that for any other power goes no further than is necessary to achieve that reason the security is no longer sufficient. This is in an purpose. existing power that applies to members of the police force, and is necessary to uphold justice by enforcing Clause 17 amends section 459 of the Crimes Act 1958 orders of the court. to provide that PSOs may apprehend a person, without warrant, if there are reasonable grounds to believe that Clause 30 amends section 126(5) of the Liquor Control the person has committed an indictable offence. This is Reform Act 1998 to provide that a PSO may arrest, an existing power that applies to members of the police without warrant, a minor who refuses to provide his or force and is in the interests of justice and community her name and address upon request. Such a request may safety. A PSO must, as soon as practicable after be made where a PSO has reason to believe that the apprehending the person, hand the person into the minor has consumed, is consuming or is about to custody of the police. consume liquor. This is an existing power that applies to members of the police force and is necessary to enforce Clause 20 inserts a new section 60BA into the Drugs, provisions designed to protect children from the harmful Poisons and Controlled Substances Act 1981 to provide effects of under-age liquor consumption. that PSOs may exercise police powers under division 2 of that act. This includes the power to apprehend and Clause 35 amends section 63(2) of the Magistrates’ detain a person if there are reasonable grounds to believe Court Act 1989 to provide that a warrant to arrest that the person is under 18 years of age, is inhaling or directed to a named member of the police force may be has recently inhaled a volatile substance, and there is a executed by a PSO. The power to execute a warrant is risk of immediate and serious harm to that person or important in the interests of justice. another person. The purpose of this power is to prevent harm to minors and others as a result of the use of Clause 50 inserts a new section 15 into the Summary volatile substances, and a PSO may only exercise the Offences Act 1996 to provide that a PSO may arrest a power in relation to a person who is at, or in the vicinity person found drunk or drunk and disorderly in a public of, a designated place. Persons must only be detained place. Such persons must then be lodged in safe custody. while there is a risk of harm. PSOs must attempt to This is an existing power that applies to members of the release detained persons into the care of a suitable police force and is for the purpose of protecting the person who can care for the person (for example, a safety of both the person themselves and others in the parent or guardian); if the PSO has been unable to community. release the person into the care of a suitable person, then they may continue to detain the person until the person Clause 58 amends section 219 of the Transport can be handed into the custody of police. (Compliance and Miscellaneous) Act 1983 to provide that a PSO may arrest, without warrant, a person if there Clause 38 amends section 10 of the Mental Health Act are reasonable grounds to believe that the person has 1986 to provide that a PSO may apprehend a person committed an offence against that act or relevant who appears to be mentally ill if there are reasonable regulations or the Graffiti Prevention Act 2007, and the grounds to believe that the person has recently attempted arrest is necessary to ensure the appearance of the person suicide or serious bodily harm to themselves or another before a court, to preserve public order, to prevent the person (or is likely to). A PSO must, as soon as continuation of the offence or a further offence, or for practicable after apprehending the person, hand the the safety or welfare of members of the public or of the person into the custody of the police or a mental health person. practitioner. This is an existing power that applies to members of the police force and is for the purpose of I consider that the powers to arrest persons for the reasons protecting the safety of both the person themselves and outlined above are not arbitrary. They are powers that others in the community. members of the police force currently have in order to achieve legitimate public purposes. In each case, a PSO is required to Clause 59 amends section 220 of the Transport hand an arrested person into the custody of a member of the (Compliance and Miscellaneous) Act 1983 to provide police force as soon as practicable after the person is arrested. that PSOs may remove a person and the person’s Accordingly, the provisions are compatible with section 21 of property from public transport vehicles and premises if the charter act. there are reasonable grounds to believe that the person is committing an offence under that act or regulations and is likely to be attended with danger or annoyance to the public or hindrance to the police or relevant officers.
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This is an existing power that applies to members of the person intends to provide a volatile substance or police force and is for the purpose of protecting the instrument to a young person (section 60F). These safety of the community. powers are subject to procedural safeguards (sections 60G and 60H). I consider that the powers to apprehend, detain and move persons for the reasons outlined above are not arbitrary. They Clause 25 gives PSOs powers under the Graffiti are powers that members of the police force currently have in Prevention Act 2001 to search persons, vehicles, order to achieve legitimate public purposes. Accordingly, the packages and things where a PSO has reasonable provisions are compatible with section 21 of the charter act. grounds for suspecting that a person has in his or her possession a prescribed graffiti implement. This can be Freedom of movement without warrant where the PSO suspects that relevant evidence is likely to be lost or destroyed if a search is A number of provisions empower PSOs to limit a person’s delayed until a search warrant is obtained and the person free movement, in a way that falls short of detention, is 14 years of age or more (section 13). These searches including: are subject to procedural safeguards generally (sections 13 and 15) and specific safeguards for persons Clause 41 gives PSOs powers under the Road Safety under 18 (section 14). Act 1986 to prevent driving by incapable persons. Having regard to the purpose and of the powers, the basis for Clause 48 gives PSOs powers under the Summary the exercise of the powers (reasonable grounds to suspect) Offences Act 1966 to direct that a person move on and the procedural safeguards, I consider that any interference where the PSO suspects on reasonable grounds that: a with privacy occasioned by these powers is neither unlawful person is breaching or likely to breach the peace; a nor arbitrary. Accordingly, the provisions are compatible with person is endangering or likely to endanger the safety of the right to privacy in section 8 of the charter act. another person; or the behaviour of a person is likely to cause injury or damage to property or is otherwise a risk Protective services officers are also given a number of powers to public safety. to obtain personal information, including:
Clause 59 gives PSOs powers under the Transport Clause 30 empowers PSOs to demand a person’s age, (Compliance and Miscellaneous) Act 1983 to remove name and address where a PSO has reason to believe offenders where the PSO believes on reasonable that a person who appears to be under the age of grounds that the person is committing an offence against 18 years has consumed, is consuming or is about to the act or the regulations; and that the commission of the consumer liquor in contravention of the Liquor Control offence is or is likely to be attended with: (i) danger or Reform Act 1998. PSOs are also empowered to seize a annoyance to the public; or (ii) hindrance to any member proof-of-age document if the PSO has a reasonable of the police force or any authorised officer or any belief the document is fake (clause 31). employee of, or person engaged by, a passenger transport company or bus company. Clause 57 empowers PSOs to require provision of names and addresses where the PSO believes on In each case I consider that the limit on the person’s reasonable grounds that the person has committed or is movement is reasonable and justified, as they are necessary to about to commit an offence against the Transport achieve the important purpose of the provisions (to prevent (Compliance and Miscellaneous) Act 1983 or the offences and to protect the public). Accordingly, I consider Graffiti Prevention Act 2007. the provisions are compatible with the right to free movement in section 12 of the charter act. I consider that any interference with privacy through the gathering of such information is neither unlawful nor Privacy arbitrary. Accordingly I consider that clauses 30, 31 and 57 are compatible with the right to privacy in section 8 of the Protective services officers are given a number of search charter act. powers, including: In addition, clause 42 gives PSOs powers under the Road Clause 10 gives PSOs powers under the Control of Safety Act 1986 to enter a motor vehicle, using reasonable Weapons Act 1990 to search persons, vehicles and force if necessary, to establish the identity of the driver or to things in a person’s possession or control where the PSO arrest a person, if the driver refuses to obey a lawful direction. has reasonable grounds for suspecting that the person The entering of the motor vehicle may involve an interference has a weapon. These powers are subject to procedural with privacy but it is neither unlawful nor arbitrary. safeguards as set out in proposed section 10AA(4) and Accordingly I consider that clause 42 is compatible with the searches must be conducted in the least invasive way as right to privacy in section 8 of the charter act. is practicable in the circumstances (section 10AA(6)). Property Clause 20 gives PSOs powers under division 2 of the Drugs, Poisons and Controlled Substances Act 1981, A number of provisions empower PSOs to seize property, which relate to the protection of the health and welfare either permanently or temporarily (e.g. clauses 9, 10, 20, 25, of persons under 18 years of age with respect to volatile 31, 32, 41). However, in each case any deprivation occurs in substances. This includes the power to search persons, accordance with the law and therefore there is no limit on the vehicles, packages or things for volatile substances right to property in section 20 of the charter act. where the PSO has reasonable grounds for suspecting: that a young person has and is inhaling, or intending to inhale, a volatile substance (section 60E); or that a
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Conclusion the Transport (Compliance and Miscellaneous) Act For the reasons given in this statement, I consider that the bill 1983. is compatible with the Charter of Human Rights and Responsibilities Act 2006. These powers have been selected carefully to ensure PSOs will have the necessary powers to support their Peter Ryan, MLA community safety role on the rail network. Unlike Minister for Police and Emergency Services police members, who may exercise their powers Second reading 24 hours a day, PSOs will only be able to exercise the powers they are being given while on duty at places Mr RYAN (Minister for Police and Emergency designated by regulation. Services) — I move: PSOs will be able to exercise these powers in respect of That this bill be now read a second time. incidents that occur at and in the vicinity of designated places, that is, places designated in the Police This government was elected with a mandate to Regulations 2003 as places where PSOs may be introduce protective services officers (PSOs) on the rail deployed. network to protect the community against violence and other antisocial behaviours which had made travel on The training that these PSOs will receive has also been the network, particularly at night, an unacceptable risk extended from 9 weeks to 12 weeks to include for many in the community. instruction in the exercise of these new powers. It should also be recognised that PSOs already receive the This government is committed to the deployment of same level of training in the use of tactical equipment 940 PSOs on the rail network by the end of its first term (firearms, oleoresin capsicum spray, batons and in office. PSOs will be deployed on stations from handcuffs) as police and are required to requalify in the 6.00 p.m. until last train 7 days a week, 365 days a year. use of that equipment every six months in the same way The purpose of the bill is to provide PSOs who are on that police members are required to do. duty at designated places with appropriate powers in The policy intention of this bill is to increase safety on order for those officers to be effective in combating the rail network addressing commuter concerns about crime and antisocial behaviour occurring in those travel on the network, particularly at night. public places. The bill achieves this by amending the following acts to provide those PSOs with certain The recruitment standards for PSOs will be as high as powers: for police officers. The PSOs recruited for this role will receive an appropriate level of training having regard to the Police Regulation Act 1958; the new powers they will be able to exercise. PSOs will the Bail Act 1977; also be subject to the same complaint and discipline system as applies to police officers and are subject to the Control of Weapons Act 1990; investigation by the Office of Police Integrity.
the Crimes Act 1958; The operation of the PSOs is purposely constrained to the execution of these new powers while on duty, at or the Drugs, Poisons and Controlled Substances Act in the vicinity of rail stations. The powers, and the area 1981; of operation for these powers, have been limited to ensure a proportionate response to the types of incidents the Environment Protection Act 1970; that have occurred on the network.
the Graffiti Prevention Act 2007; The power to arrest an offender who is wanted on a warrant issued by a court will extend to cover all PSOs the Liquor Control Reform Act 1998; while on duty, not just those PSOs on duty at railway the Magistrates’ Court Act 1989; stations.
the Mental Health Act 1986; The deployment of the PSOs will be determined on a priority basis, with the incidence of crime and public the Road Safety Act 1986; disorder a key factor in determining placement.
the Summary Offences Act 1966; and The bill will implement a key government commitment to enhance community safety and complements the
FARM DEBT MEDIATION BILL 2011
Wednesday, 29 June 2011 ASSEMBLY 2377 government’s other law and order initiatives; the extra parties to those proceedings. Moreover, the restriction on 1700 police (including 100 additional transit police). disclosure of information is limited, and does not extend to disclosure made with the consent of the relevant party or parties, disclosure necessary to ensure the administration or I commend the bill to the house. execution of the act, disclosure reasonably required for the purposes of facilitating mediation, or disclosure otherwise Debate adjourned on motion of Mr MERLINO required by law or made with other lawful excuse. (Monbulk). Clause 8 of the bill, which compels a creditor to give written Debate adjourned until Wednesday, 13 July. notice and provide certain specified information to a farmer before taking enforcement action, and clause 10(4) of the bill, which requires a creditor who agrees to mediation to notify the Department of Primary Industries, may also engage the FARM DEBT MEDIATION BILL 2011 right to freedom of expression. This is because the right to freedom of expression has been interpreted in some Statement of compatibility jurisdictions to include a right not to impart information. To the extent that these provisions impose a limitation on free Mr WALSH (Minister for Agriculture and Food expression, they also fall within the permissible limitation set Security) tabled following statement in accordance out in section 15(3) of the charter act. Requiring the information is an important aspect of the regulatory function with Charter of Human Rights and Responsibilities of the bill, and is reasonably necessary to allow the SBC to Act: allocate and provide mediation services.
In accordance with section 28 of the Charter of Human Rights Accordingly, the bill is compatible with the right to freedom and Responsibilities Act 2006 (charter act), I make this of expression in section 15 of the charter act. statement of compatibility with respect to the Farm Debt Mediation Bill 2011 (the bill). Property rights
In my opinion, the bill as introduced to the Legislative Section 20 of the charter act provides that a person must not Assembly is compatible with the human rights protected by be deprived of his or her property other than in accordance the charter act. I base my opinion on the reasons outlined in with law. this statement. Clause 8 of the bill requires a creditor to provide a farmer Overview of bill with a notice of availability of mediation prior to taking any enforcement action in respect of a farm mortgage. Clause 12 The main objective of the bill is to provide for the efficient of the bill prohibits a creditor from taking enforcement action and equitable resolution of farm debt disputes. The bill does in respect of a farm mortgage if the farmer has requested this by requiring a creditor to provide a farmer with the option mediation, unless an exemption certificate is in force. to mediate before taking possession of property or other Clause 14(2) of the bill states a creditor must not commence enforcement action under a farm mortgage, and by conferring enforcement action against a farmer if a prohibition certificate relevant functions on the small business commissioner (SBC). is in force.
Human rights issues Although not defined in the charter act, ‘property’ is a broad concept. To the extent that a mortgage is a form of property, The bill engages human rights to the extent that it impacts on these provisions may engage the right to property as they the ability of a creditor to take enforcement action and limit a creditor’s right to take enforcement action in respect of stipulates the manner in which certain notices are to be a farm mortgage. However, the provisions do not seek to provided and information is to be dealt with. ‘deprive’ a creditor of their property by extinguishing the legal rights of a creditor or substantially interfering with the Freedom of expression enjoyment of the property; rather, the relevant provisions merely temporarily limit the exercise of a right to property. Section 15(2) of the charter act provides that every person has Moreover, the right in section 20 of the charter act protects the right to freedom of expression, which includes the against deprivations of property that occur ‘other than in freedom to seek, receive and impart information. accordance with law’. This requires that powers authorising Section 15(3) of the charter act provides that the right to the deprivation of property in legislation are confined and freedom of expression may be subject to lawful restrictions structured rather than unclear, are accessible to the public and reasonably necessary to respect the rights and reputation of are formulated precisely. The provisions in the bill that limit a other persons, or for the protection of national security, public creditor’s ability to take enforcement action are clear, precise, order, public health or public morality. and limited in their operation.
Clause 27 of the bill prohibits persons from disclosing, or For these reasons, the bill is compatible with the right to attempting to disclose, information obtained in a mediation property in section 20 of the charter act. session or in connection with the administration or execution of the act, unless one of the specified exempt categories of Right to a fair hearing circumstances applies. To the extent that this clause engages the right to freedom of expression, it falls within the Section 24(1) of the charter act provides that a party to a civil permissible limitation set out in section 15(3) of the charter proceeding has the right to have the proceeding decided by a act. Restricting the disclosure of information obtained in competent, independent and impartial court or tribunal, mediation is reasonably necessary to protect the privacy of all following a fair and public hearing.
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The right to a fair hearing has been held to include an implied enforcement action over a farm debt, which is wholly right to access to courts. This right is engaged by the or partly secured by a farm mortgage, to provide a temporary prohibitions on a creditor taking enforcement action in clauses 8, 12 and 14(2) of the bill. However, to the farmer with the option to mediate before the creditor extent that these clauses engage the right to fair hearing, they may take enforcement action, for example to constitute a reasonable limitation on the right. The purpose of commence the process of foreclosure. the provisions is to provide temporary restrictions on access to judicial enforcement to facilitate the efficient and equitable Farmers offered mediation have no compulsion to take resolution of farm debt disputes. In my view, the provisions up the opportunity. serve a purpose that is sufficiently important to justify this proportionate and effective limit on the implied right to access the courts. The intention is to provide for the efficient and equitable resolution of farm debt disputes by preventing Accordingly, the bill is compatible with the right to a fair creditors from taking enforcement action on a farm debt hearing in section 24 of the charter act. without first exploring, in a neutral setting and in a Conclusion non-adversarial fashion, alternative terms and conditions which may provide a mutually beneficial For the reasons given in this statement, I consider that the bill solution to the problem. is compatible with the charter act.
Peter Walsh, MLA The bill only deals with farm debt. This is defined in Minister for Agriculture and Food Security the bill as debt incurred by a farmer for the purposes of the conduct of a farming operation that is secured Second reading wholly or partly by a farm mortgage.
Mr WALSH (Minister for Agriculture and Food Key features of the Victorian model in relation to the Security) — I move: availability of mediation are:
That this bill be now read a second time. (a) A creditor seeking to commence enforcement I am pleased to introduce the Farm Debt Mediation Bill action over a farm mortgage is required to give 2011 into the house. the farmer the option to mediate.
This bill delivers on an important coalition election (b) The farmer has 21 days to accept the offer to commitment to Victoria’s food and fibre producers. mediate; if not, enforcement action can proceed as normal. This bill will develop a framework for efficient and equitable resolution of farm debt disputes. (c) In the event that a creditor refuses to meet the obligation to initiate mediation, or refuses an It will provide a legislative basis to require financial invitation from a farmer who is in default to institutions and other creditors to undertake a mediation mediate, the scheme regulator can prohibit the process with farmers before enacting debt recovery creditor from taking recovery action for six processes. The need for this legislation has been months. highlighted by the impact of drought over the past decade, followed by recent floods across much of (d) A farmer does not have to be in default to northern Victoria. request mediation with their creditor concerning the farm debt but in this instance The introduction of this bill is timely because of the there is no obligation for the creditor to accept. expiry of exceptional circumstances drought assistance across northern, central and eastern Victoria, the loss of (e) Mediation continues until a mutual agreement which will have a significant impact on many farm is reached or the small business commissioner families who had been relying on assistance. is of the view that an agreement cannot be reached despite both parties mediating in good The government has made every effort to design and faith. implement this scheme as early as possible in recognition of these extenuating circumstances. The establishment of this farm debt mediation scheme will provide farmers with greater security knowing that The proposed Victorian model a creditor cannot suddenly foreclose on their property without an opportunity to discuss alternative solutions The bill will require a creditor, usually being a bank or with the assistance of an acceptable, neutral and other financial institution, that is seeking to commence impartial mediator.
FARM DEBT MEDIATION BILL 2011
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For many farm families, the farm is both business and The Office of the Small Business Commissioner is their home. The bill will reduce the fear felt by many considered well placed to manage the mediation farmers under financial distress of finding themselves services provided for in this proposed scheme. It suddenly without a farm, their home or a job. It will currently administers similar mediation initiatives under provide greater security to farmers through a the Retail Leases Act 2003 and the Owner Drivers and heightened level of confidence in dealing with their Forestry Contractors Act 2005, and maintains a panel of creditors and in being able to negotiate alternative mediators with acumen in commercial matters and a options to foreclosure. strong presence in regional and rural areas. Where possible the proposed scheme has been designed to Often in these situations, communication has broken keep consistency with the Office of the Small Business down and the two parties are no longer able to negotiate Commissioner’s existing prescribed roles and practices. in a constructive manner. This bill will facilitate a renewal of communication between the farmer and The bill will provide greater certainty to participants their creditor. about the costs of mediation by providing for a capped nominal fee for mediation services. The Victorian farm debt mediation process provides farmers with a government-supported forum that The bill adopts best practice with a focus at the enables them to receive a fair hearing before a creditor premediation stage on being fully prepared and to enter commences recovery action, or may even prevent this negotiations with a view to settling the matter at the action occurring. The bill will also provide a pathway mediation and to move forward. There is, however, for farmers to be assisted to negotiate in a professional provision for mediation to be adjourned should a party and sensitive manner to exit their farm with dignity and so wish, particularly if the matter is complex. In the be able to continue to live within their rural community NSW experience the provision of support through the with their heads held high. premediation dialogue phase often results in sorting out many of the problems expeditiously. This bill provides for a mediation process. It is not arbitration. Settlements will not be imposed on farmers Discussions with rural financial counsellors in NSW or financial institutions by a third party. The process suggest the scheme works well and is positive for both opens the way for mature negotiation whereby the the farmer and the creditors with evidence that in at farmer and the creditor can discuss the individual least 72 per cent of cases parties settled their disputes. circumstances and optimally agree on a mutually beneficial way forward. This proposed legislation will complement Victoria’s rural financial counselling services. These counsellors As the process is introduced in Victoria, it will be are expected to play an important role in this scheme by important parties not have unrealistic expectations, but assisting their clients to be well prepared for the process to enter mediation open to consider resolutions that and can act as advocates should the client wish. This respect the dignity and business aspirations of both obviously makes the process more affordable for parties. farmers in a difficult financial situation.
This scheme has been modelled on the New South The vast majority of farm debt is with the large Wales Farm Debt Mediation Act 1994. Revisions to the recognised banking institutions. The Australian model have been made which reflect Victorian Bankers Association has been supportive in the administrative structures and best practices in mediation development of the proposed Victorian scheme. The service delivery which have evolved over the 17 years ABA expressed a desire to have consistency across the since the NSW scheme was developed. nation which this bill is delivering.
A close alignment to the NSW model was adopted to The Victorian Farmers Federation is also supportive of support consistency across state boundaries and the proposal. minimise implementation costs to financial institutions that operate in both jurisdictions. Victorian farming families have been requesting this type of legislation for many years as a safety net to The administrative support for the legislation will be protect from being foreclosed on suddenly. I am proud provided by the Department of Primary Industries with to be part of a government that can deliver this the mediation services provided by the Office of the initiative. Small Business Commissioner. I commend the bill to the house.
DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT (DRUGS OF DEPENDENCE) BILL 2011
2380 ASSEMBLY Wednesday, 29 June 2011
Debate adjourned on motion of Mr MADDEN Second reading (Essendon). Ms WOOLDRIDGE (Minister for Mental Debate adjourned until Wednesday, 13 July. Health) — I move:
That this bill be now read a second time. DRUGS, POISONS AND CONTROLLED The Baillieu government is committed to protecting the SUBSTANCES AMENDMENT (DRUGS OF public safety of all Victorians. The emergence of DEPENDENCE) BILL 2011 synthetic substances similar to prohibited substances such as cannabis is a threat to public safety. Statement of compatibility Certain chemical compounds which have the same Ms WOOLDRIDGE (Minister for Mental Health) pharmacological effect as cannabis, but having different tabled following statement in accordance with chemical structures have become widely available. Charter of Human Rights and Responsibilities Act: There is concern that these compounds may have In accordance with section 28 of the Charter of Human Rights harmful effects that are similar to or greater than the and Responsibilities Act 2006 (charter act), I make this effects of tetrahydrocannabinol (THC), the constituent statement of compatibility with respect to the Drugs, Poisons element in cannabis. These substances are not presently and Controlled Substances Amendment (Drugs of caught by the extended definition of ‘drug of Dependence) Bill 2011. dependence’ in the act, because they are not forms of In my opinion, the Drugs, Poisons and Controlled Substances THC but, rather, are completely different substances. Amendment (Drugs of Dependence) Bill 2011, as introduced to the Legislative Assembly, is compatible with the human The processes for banning new drugs of dependence rights protected by the charter act. I base my opinion on the can be slow. Australia has a national regulatory reasons outlined in this statement. scheme, where the Victorian Drugs, Poisons and Overview of bill Controlled Substances Act reflects commonwealth legislation. When a substance is placed on a schedule The bill amends the definition of ‘drugs of dependence’ in the Drugs, Poisons and Controlled Substances Act 1981(the act) by the commonwealth, it is automatically on the to create a new regulation-making power to enable temporary Victorian schedule. Adding a substance to schedule 9 amendments to the definition of ‘drug of dependence’ to be bans the possession of the substance. States then amend made from time to time, where this is necessary for public their own legislation to deal with the sale and safety. The purpose of the regulation-making power is to allow the making of regulations to enable control of new trafficking of that substance. forms of illegal drugs of dependence that may appear on the market in Victoria for an interim period until legislation to This process allows for consistency around the ban them can be introduced into Parliament. For this reason commonwealth. regulations made under the new regulation-making power will be effective only for 12 months, and are to sunset Over the previous few months, the weaknesses of this automatically at the end of this period. approach have become apparent with the spreading use Human rights issues of synthetic cannabinoids such as ‘Kronic’ and ‘Spice’.
1. Human rights protected by the charter act that are Synthetic cannabinoids are among an increasing relevant to the bill number of substances that mimic the effects of currently illicit substances. These drugs can be The bill does not engage any human rights protected by the charter act. derivatives or substances similar in chemical structure or function to illegal drugs, or other compounds that Conclusion have similar effects. I consider that this bill is compatible with the Charter of Human Rights and Responsibilities Act 2006. Many of these substances have not yet been captured under the schedules to drug laws which govern whether Hon. Mary Wooldridge, MP drugs are legal or illegal to use or supply. Minister for Mental Health Synthetic cannabinoids comprise an expanding group of chemically unrelated structures, all of which are pharmacologically similar to the active principle in cannabis, delta-9-tetrahydrocannabinol. These substances are added to mixtures of dried herbs and then smoked in order to obtain a similar effect to
LOCAL GOVERNMENT AMENDMENT (ELECTORAL MATTERS) BILL 2011
Wednesday, 29 June 2011 ASSEMBLY 2381 cannabis. The ‘herbal smoking mixtures’ are sold under The regulations will automatically sunset after various brand names. 12 months. That will give time to work through the federal processes, and means that this Parliament will There have been reports of widespread usage of have an opportunity to consider any needed synthetic cannabinoids in some parts of Australia, in amendments to the primary legislation while allowing particular in Western Australia. Reports suggest that an ability to put in a place a temporary prohibition. these substances are becoming more widely available in Victoria. Consistent with other subordinate legislation, regulations made under this power may be disallowed Victoria will continue to work with the commonwealth, by the Parliament. the states and the territories to achieve uniform scheduling of drugs and poisons, including drugs of Acting Speaker, while the government will be using dependence. Victoria has been putting pressure on the this legislation to ban ‘Kronic’, this legislation also commonwealth to move quickly to ban synthetic provides the mechanism needed to ban the next cannabinoids. synthetic, lab-derived substance similar to cannabis, and the one after that, and the one after that one; or Existing Victorian legislation does not currently allow indeed a synthetic substance similar to any drug of for quick, autonomous action. That will change with dependence. this bill. This bill will provide a ‘future-proofing’ for regulating This bill introduces a regulation-making power into the synthetic drugs. As soon as a chemist develops a new act to enable Victoria to be able to take prompt, substance, the minister of the day will have the power autonomous action to ban emerging drugs. Recognising to ban it, albeit temporarily to allow time for the that the requirements of the Victorian Subordinate Parliament to consider whether a permanent ban is Legislation Act 1994 assume that substantive warranted. amendments creating significant criminal penalties will be contained in primary legislation, it is proposed that We live in an age where the internet, chemistry sets and the new regulation-making power will be an interim a bit of talent in a laboratory has created an impression power only, with regulations sunsetting after that drug-makers can stay ahead of the law. When the 12 months. Continuing proscription of the particular law is slow to respond, that impression is probably substances would need to be effected by a subsequent correct. bill to amend the act. Prevention measures to prevent the uptake of drug use This new regulation-making power would allow the are a priority for this government. This bill gives the government to move quickly to ban an emerging government the ability to move swiftly to ban new substance. Importantly, the regulation-making power drugs as they emerge, rather than constantly being one will not only allow the minister to ban substances such step behind. as those contained in ‘Kronic’ now, but other substances and derivatives as they emerge over time. I commend the bill to the house.
A concern with the existing processes is that as soon as Debate adjourned on motion of Mr MADDEN the machinations of banning a particular substance are (Essendon). completed, a tweak in a chemistry laboratory may make a new version legal, even though the effects are Debate adjourned until Wednesday, 13 July. fundamentally the same.
While this legislation is being introduced in response to LOCAL GOVERNMENT AMENDMENT synthetic cannabinoids, new synthetic drugs are likely (ELECTORAL MATTERS) BILL 2011 to keep being developed. The regulation-making power would allow the government of the day to keep up with Statement of compatibility the chemists who are manufacturing drugs in a lab for Mrs POWELL (Minister for Local Government) profit. tabled following statement in accordance with Regulation needs to move quickly, but it is incumbent Charter of Human Rights and Responsibilities Act: that significant criminal penalties associated with drugs In accordance with section 28 of the Charter of Human Rights of dependence only be put in place with appropriate and Responsibilities Act 2006 (charter act), I make this safeguards. statement of compatibility with respect to the Local Government Amendment (Electoral Matters) Bill 2011.
LOCAL GOVERNMENT AMENDMENT (ELECTORAL MATTERS) BILL 2011
2382 ASSEMBLY Wednesday, 29 June 2011
In my opinion, the Local Government Amendment (Electoral improvements to the electoral framework for councils Matters) Bill 2011, as introduced to the Legislative Assembly, in this state. is compatible with the human rights protected by the charter act. Firstly, it will improve the electoral schedule, by Overview of bill bringing forward municipal general elections by one month. The bill has two main purposes as follows:
1. to bring forward the date of local government general Secondly, the bill will make the City of Melbourne elections from the last Saturday in November to the subject to regular independent electoral representation fourth Saturday in October; and reviews in the same way as all other Victorian councils.
2. to make the City of Melbourne subject to regular Currently municipal general elections are set down for independent electoral representation reviews in the same the last Saturday in November in each four-year cycle. way as all other Victorian councils. This bill will move that forward to the fourth Saturday The change to election dates, which delivers on an election in October of each cycle. commitment and which responds to requests from the local government sector, will allow more time for new councillors The purpose of this change is to overcome problems to learn about their role and responsibilities before having to identified by the local government sector. address major decisions around the preparation of the council plan and the budget. These centred on the fact that the current schedule The City of Melbourne is the only council which has its leaves little time between the elections and the electoral structure set out in legislation (the City of Christmas/New Year holiday period. Melbourne Act 2001). Enabling regular reviews of that council will ensure that its electoral structure continues to This means there is insufficient opportunity for newly provide fair and equitable representation to the municipality’s voters. elected councillors to be inducted into their roles before the Christmas/New Year break. The bill also broadens the range of circumstances when an order in council may be made to set another election date for Furthermore, November elections allow little time for one or more councils, which avoids overlaps with school new councils to begin work on their four-year council holiday periods or state or commonwealth elections or other events or circumstances such as natural disasters, which may plans and annual budgets prior to interruption by the adversely impact on the conduct of the election in the future. holiday period. The bill further provides for consequential amendments to the This is inefficient and unnecessary. Local Government Act 1989 regarding the timing of other statutory processes which will be affected by the change of This government responded to the sector’s concerns by election date. making an election commitment to move elections to a Human rights issues more suitable date in each four-year cycle. This bill delivers on that commitment. The bill does not raise any human rights issues. This change will take effect from the next council Conclusion general elections in October 2012. I consider that the bill is compatible with the charter act because it does not limit any human right protected by the The bill also makes a number of consequential charter act. amendments to the timing of other statutory processes Jeanette Powell, MP which will be affected by the change of the election Minister for Local Government date, including lodgement of campaign donation returns, election of mayors and the setting of mayoral Second reading and councillor allowances.
Mrs POWELL (Minister for Local Government) — On the matter of the timing of council elections, the bill I move: broadens the range of circumstances which may adversely impact on the conduct of elections which That this bill be now read a second time. would enable an order in council to be made to change This government is committed to the maintenance of the election date for one or more councils. These democratic electoral arrangements for local government include school holidays, state and commonwealth in Victoria. This bill will make two important elections and natural disasters such as flooding and bushfires.
CONSUMER ACTS AMENDMENT BILL 2011
Wednesday, 29 June 2011 ASSEMBLY 2383
The bill also brings the City of Melbourne into the CONSUMER ACTS AMENDMENT BILL same framework of electoral representation reviews as 2011 all other Victorian councils. Until now, that council has not been subject to reviews, as its electoral Second reading arrangements have been specified by the City of Melbourne Act 2001. Debate resumed from 28 June; motion of Mr O’BRIEN (Minister for Consumer Affairs). The City of Melbourne Act 2001 recognises that, in many respects, Melbourne has specific characteristics Mr THOMPSON (Sandringham) — In dealing which distinguish it from other municipalities. with consumer legislation, issues arise which affect people across the state of Victoria in their day-to-day However, following representations and a formal lives. This bill is a significant bill as it deals with the request from Lord Mayor Robert Doyle on behalf of the sale of property, the purchase and sale of business and council, this government has decided that providing for with owners corporations, among other matters. regular electoral representation reviews of Melbourne Members of the legal profession, of whom there are a will be in the best interests of local democracy. number in the gallery today, have a very clear understanding of issues, not in cases where matters This is because there have been significant proceed smoothly but when disputation arises in the demographic changes in the City of Melbourne since range of transactions that take place. 2001 when the council’s electoral structure was last considered. New residential development in and around I would like to make some general and specific Melbourne’s central business district has expanded comments in relation to the bill before the house. In significantly over the past decade, as well as the relation to changes for estate agents, what will be incorporation of the Docklands and parts of Kensington facilitated by the bill is the ability of a person with an and North Melbourne into the city. interest in a property to proceed with a purchase without requiring wider approval, as had been the case In recognition of these major changes, the government under previous consumer regulation. Clause 4, which has agreed that regular reviews are required. substitutes a new section 55 into the act, provides:
Accordingly, this bill makes provision for the City of Restriction on agent purchasing property Melbourne to be included in the regular cycle of (1) An estate agent must not obtain a beneficial interest in electoral representation reviews of all councils by the any real estate or business that the estate agent has been Victorian Electoral Commission. commissioned by any principal to sell.
The position of Melbourne’s Lord Mayor and Deputy … Lord Mayor will not be included in these reviews. Any (2) An agent’s representative employed by an estate agent changes to Melbourne’s electoral structure must not obtain a beneficial interest in any real estate or recommended from a review would require an business that the estate agent has been commissioned by amendment to the City of Melbourne Act 2001 by any principal to sell. Parliament. The purposes of those provisions are clear cut and This government is committed to effective local obvious. Unfortunately Consumer Affairs Victoria democracy in Victoria, and this bill will make an could provide a number of examples of cases which important contribution to strengthening the municipal have been prosecuted at real estate agent disciplinary electoral framework. proceedings where there has been acquisition of an interest in a property by a person connected with an I commend the bill to the house. agent or by an agent where there gives rise the impression or appearance of a conflict of interest. In Debate adjourned on motion of Mr MADDEN proposed new section 55A(3) the legislation outlines a (Essendon). range of cases where a person might be construed as Debate adjourned until Wednesday, 13 July. obtaining a beneficial interest. No doubt members on the other side of the house will be across the provisions, so it is not necessary to go through them in detail at this point other than to draw attention to the fact that proposed subsection (4) states:
A person does not contravene subsection (1) or (2) if —
CONSUMER ACTS AMENDMENT BILL 2011
2384 ASSEMBLY Wednesday, 29 June 2011
(a) the person — The next matter I wish to comment on is in relation to owners corporations. It is said that a man’s home is his (i) before a contract for the sale of the real estate or business is entered into, obtains the castle. If your home is surrounded by a moat and a principal’s written acknowledgment in the drawbridge, then you are fairly immune from the form approved by the Director that the activities of other people, but if you live in a high-rise principal — body corporate development, there is much closer (A) is aware that the person is interested in interaction between you and your neighbours. During obtaining a beneficial interest in the real my time as a member of Parliament I have talked to estate or business; and many people who have been concerned about their inability to prosecute a dispute that may relate to (B) consents to the person obtaining the maintenance or the use of common property or issues interest; and such as people parking on common property, which is a (ii) acts fairly and honestly in relation to the matter that may not be important in passing or to transaction; and someone who is working and would otherwise not be aware of who was parking where during the working (b) no commission or other reward is payable in relation to the transaction; and day. However, for many retirees who spend their days cooped up in their strata unit or residence small matters (c) the principal is in substantially as good a position can become big matters. A neighbour wheeling his as the principal would be if the real estate or wheelie bin over common property where body business were sold at fair market value. corporate insurance might not have been paid or Having attended a number of auctions throughout someone parking a vehicle in a manner that blocks country Victoria, where the market might be more access for others can give rise to a disputation. It is finite, I am aware of circumstances where an agent may important that there be clear-cut avenues for redress. have an interest in proceeding with an investment in a I might say that over the last decade or so there has not property, and this bill amends a more stringent been swift action in this place in relation to owners recommendation that was translated into the law that corporation issues. There have not necessarily been operated previously. This act still provides equity, clear-cut methods of dispute resolution between fairness and transparency but fundamentally protection neighbours. I think it is important that there be a good, for the primary property owner and vendor who has the cost-effective mechanism so that disputes can be easily principal interest in the property. This is important resolved and outcomes wisely achieved. There are a consumer legislation that provides a pathway for an number of changes to owners corporations law under agent to have a declared interest but also seeks to arrive this bill, which deals with the management of owners at a clear-cut and beneficial outcome. corporations and the power to delegate; the audit of the It is regrettable that the disciplinary proceedings that accounts of owners corporations; proxies; the functions have been undertaken in Victoria in the past reflect a and powers of the committee; and the issue of absent lack of transparency and a lack of honesty amongst a owners. In addition there is the power to make rules very small subsection of the real estate community. about proxies; who may apply to the Victorian Civil There was a former member in this place who brought and Administrative Tribunal in relation to a dispute; great expertise to debates on real estate agents, and that and what orders VCAT can make. All these changes was the former member for Bellarine a number of years are the result of long-term problems that have arisen ago. In his prior working life — — within each of those categories of issues.
Mr Wells — A very good man. There is immense frustration experienced by people who have had to wrestle with significant issues with Mr THOMPSON — The member for Scoresby only a lay understanding of matters. In earlier debates notes that he was a very good man. I was referring to in this place there have been stories of some rogues Garry Spry, who, it might be added, is undertaking a who have operated as body corporate managers and masters degree in the area of indigenous matters at the have made it very difficult for tenants to achieve fair present time. Having left this arena, he has gone on to outcomes. Reference to comments made by the former make a wise contribution. He made a substantial member for Mordialloc and my own comments in contribution in this place in relation to matters previous debates in relation to rogue body corporate concerning the real estate industry, and this particular managers would give rise to an understanding of the provision is an important reform. magnitude of difficulties that some people are confronted with.
CONSUMER ACTS AMENDMENT BILL 2011
Wednesday, 29 June 2011 ASSEMBLY 2385
The final area I wish to comment on in relation to the that property for their own interests and as a result there bill before the house relates to changes to the is no third party signing off on the fairness of the sale. Conveyancers Act 2006. Clause 19 of the bill, which is headed ‘What is conveyancing work?’, inserts into I express some reservation and concerns about this area. section 4 of the Conveyancers Act 2006 the following I understand there are fewer examples of such sales definition: being undertaken than ever before, and that that is predominantly because real estate agents try to stay In this Act, conveyancing work also means legal work well clear of any potential conflicts. I understand that connected with the sale of a business, including the sale of the association is very keen to reinforce to real estate goodwill and stock-in-trade and the transfer of any business licence. agents the need to stay as clear of those sorts of potential conflicts as is practically possible, but I That is an expansion of the capability of conveyancers express some caution about these changes. It is a to undertake legal work in relation to the purchase and concern for elderly persons selling their properties if sale of a business. they are being asked to take the agent’s word on the fair price of their property. They might be trying to save a There are some outstanding legal minds in the chamber few dollars around the edges by not taking significant as we speak, including people who have worked at the legal advice. I express concern that if an agent is bar, and there are members of the other place who have engaged in this practice the onus is on that agent to a very high level of understanding of legal disputation. ensure that his or her actions are transparent. We know While I support the bill before the house, I do so with from some examples that have already been referred to some degree of caution, noting that the legal skill and that sometimes the great tragedy in these sorts of tales proficiency required for the purchase and sale of a is about what occurs well and truly after the event, business can be significant. Shopping centre leases can when it is too difficult to put things back as they once run to 50, 60 or 100 pages. The goodwill paid for in the were. transfer of those businesses can be significant. Unless somebody is well guided and well advised as to what The bill makes amendments also to the Owners their rights and entitlements might be, there can be Corporations Act 2006 and the Conveyancers Act adverse outcomes. I cite the example of a person who 2006. The rest of the bill is made up of predominantly bought a newsagency in Canberra a number of years minor or consequential amendments to a number of ago. He paid many hundreds of thousands of dollars — acts. in fact, his life savings. The only thing he did not do at the time was check that having bought the business Finally, I want to comment on the former Labor there was an assignable lease that gave him sufficient government’s record in consumer protection law. The tenure to have the benefit of the terms of the purchase former government led the way in policy development of the business. He lost his life savings as a result of the for a national consumer law. We strengthened the Fair non-assignment of the lease. I urge the conveyancers Trading Act 1999 to regulate telemarketing; we who might have this power to transact wisely. introduced mandatory conciliation and model contracts for the building industry, which is particularly Mr MADDEN (Essendon) — I rise to speak on the important because often a house is the most significant Consumer Acts Amendment Bill 2011. I appreciate that purchase an individual or family makes; we modernised this is a type of omnibus consumer affairs bill which we legislation in this area; and we significantly reduced red often see before the houses of this Parliament in relation tape for business in Victoria. to matters that need adjusting, finetuning and, on the odd occasion, some significant reform. In addition we used information technology to make it easier to do business and to register a business in Probably the most contentious elements of the bill are Victoria and we identified, raided sellers of and the amendments to the Estate Agents Act 1980, which destroyed unsafe toys for children, which is a story include the proposed new regime for estate agents. That often referred to by various consumer affairs ministers new regime is in relation to a commission to sell. A real and a way that you can tangibly prove that you are estate agent must not purchase a property or business involved in the consumer affairs and consumer for which they obtain a beneficial interest unless they protection space. We also prosecuted dodgy car dealers meet the requirements for an exemption. The and increased funding for financial counselling. exemptions provided by the bill mean that the onus will be on estate agents alone to demonstrate that they have Members on this side of the house are not opposing the acted in the best interests of a vendor, particularly if bill, but we express a degree of concern about the they are involved in some fashion in the purchase of amendments and the potential for difficulties arising
CONSUMER ACTS AMENDMENT BILL 2011
2386 ASSEMBLY Wednesday, 29 June 2011 from the adjustments to the Estate Agents Act 1980. As person was a bit jumpy when I was putting in place I said, I understand there are fewer examples of those mechanisms to protect myself. conflicts than there have ever been, but again I offer a word of caution. I certainly hope that, as a result of a Therefore I stick by my position: my word is my bond, slight increase in the number of incidents that may and I expect that of the person I deal with. It has now occur because of adjustments to the provisions relating reached the stage where, having a pretty busy life but to conflicts of interest, we do not see an undermining of still having a few bulls to sell, I do a bit of bull shipping the good reputation of so many hardworking real estate interstate. I am now in a situation where when I am agents in the business, who are out there on a regular going off to work I leave a message with the person, basis doing a fantastic job. With those words I complete saying, ‘The bull’s in the yard. If you like it, put it on a my contribution to the debate on the bill. As mentioned truck and take it and leave the cheque on the gatepost’. previously, the opposition does not oppose the bill. And do you know what? I have not been done over yet! It is good to know that the people I deal with still have Dr SYKES (Benalla) — I rise to contribute to the those basic values and integrity. debate on the Consumer Acts Amendment Bill 2011. I have noted the contributions by previous members. I Another matter I refer to is that the member for would like to take some time to put this legislation and Rodney, who was in the chair prior to you, Deputy the thought processes behind it into context, first of all Speaker, has some background in the buying and from a personal perspective of doing business and selling business. One of the fundamental principles for secondly from the broader perspective of a community an agent representing people is that they are responsible approach. to the person who pays the commission — that is, the vendor. If a person seeks to cheat the person paying the First of all, my principles for doing business relate to commission, that is just not consistent with the values the process being simple and cost effective and they we expect in country Victoria. rely very heavily on the integrity of both parties. While legislation can be put in place to protect each party, the Leading on, then, to the broader context of the bill, I see reality is that there is still a high dependence on the it as part of a process of improving the real estate integrity of both parties. I am proud to say that in my regulation, consistent with the Baillieu government’s business life relating to my livestock in particular I still plan to cut red tape, make it simpler and make it clear do my trading on the basis of a person’s word. If a cut to do business. The plan is also to make people person says they will buy the product — in my case, accountable for their actions. If they muck up, they bulls — and I say I will sell at a certain price, my word should be hit hard. Related to that is the notion of is my bond and the purchaser’s word is their bond. modernising things to reflect current times, particularly Similarly if you then have the opportunity to seal the where there is a need to recognise, from a national deal with a handshake, then that is a rock-solid perspective, various qualifications and expertise that commitment by both parties that the deal is done and people have. the product will be sold and paid for. More and more we need to move towards national Going back a number of years, I had an experience recognition and, in some cases, international where, having less confidence in fellow human beings recognition, because that is the way the world is. For a than I have today, I sought to put in some protections number of years veterinarians had to be registered in when I was selling some animals to another person. each state. That made no sense at all. That was one of Basically, I wanted money on the knocker for selling the many border anomalies the former member for the animals. The person buying baulked at the safety Murray Valley spent in the order of 34 years attempting measures I put in place and I wondered why he had to address. People living in border areas particularly done so, but it transpired that he had been a victim of an have the illogicality of needing to have qualifications arrangement by which a person had agreed to buy his and registrations applicable in two or more states. This property — I think he had paid a deposit — but the move in terms of this legislation is about simplification. purchaser did not continue with the full payment. When It moves towards national recognition. The other thing the case went to court the magistrate ruled that whilst about it is that this is an orderly process. It is about the person had agreed to buy the property he had not bringing change in an orderly manner; it is not a agreed to pay for the property and therefore the sale knee-jerk type of reaction as we have seen from the was null and void. I found that an interesting opposition. I do not think I am allowed to criticise the interpretation of legislation. It certainly failed the opposition, so I will refer to it as ‘the former common-sense test, but it highlighted to me why that government’. We saw today an example of where it could not manage money.
CONSUMER ACTS AMENDMENT BILL 2011
Wednesday, 29 June 2011 ASSEMBLY 2387
We are looking to have an orderly approach. There was most of the time. The penalty requirements in this an earlier contribution made by the present member for legislation should be used a minimal number of times. I Murray Valley, who comes to this Parliament with wish the bill a speedy passage. experience as a real estate agent. He recognises that the work that has been done is going to simplify things and Mr BURGESS (Hastings) — It is a pleasure to rise make the situation better. to speak on the Consumer Acts Amendment Bill 2011. As the previous speaker said, this is another step by the One of the key provisions of the bill is proposed Baillieu government to improve the consumer section 55A(1), which will make it an offence for an protection framework in Victoria. The framework that estate agent to obtain a beneficial interest in the sale of is required in any jurisdiction ebbs and flows depending any real estate or business that the estate agent has been upon the changes that take place in the market and to commissioned to sell. That is the principle of working consumerism. The approach that has been taken by the for the person who pays you. Baillieu government is in keeping with the government’s commitment to responsible and The thing about living in small country towns and transparent government and its views about the way it country communities is that people get to know each should treat the marketplace. other. Charlatans, cheats and crooks do not last in those towns. We have the sayings ‘What goes around comes The bill proposes amending the provisions in the Estate around’ and ‘It’s a long road that has no turns’. Very Agents Act 1980 to deal with conflicts of interest in often things get squared up in unexpected ways. This terms of sales. Section 55 of the Estate Agents Act legislation is going to strengthen the protection of our 1980 regulates the situation where an estate agent or people. agent’s representative acquires a beneficial interest in a property that the estate agent has been commissioned to The other important aspect of this legislation is the sell. The thing that needs to be focused on is that at any changes it will make to the Owners Corporations time legislation regulates the way a relationship Act 2006. We MPs from The Nationals have a vested happens, it is generally to protect a weaker party or one interest in terms of this legislation. We own property in party that does not have an equal relationship with the Melbourne, which is a second place of residence. We other when the parties are doing a transaction. In this are members of bodies corporate. As a person living case an agent and a seller are involved. In most away from the Melbourne area it is difficult to be circumstances the sale transaction takes place in an involved in the management process even though at orderly manner, everyone is up front in terms of the times you can have a vital interest in it. In the set of way that happens and every party knows what there is apartments where I have an apartment there are major to benefit from in terms of the transaction, and so issues such as whether pets should be allowed in business takes place. apartments and antisocial behaviour that affects tenants in some of the apartments because of the ownership What we are trying to legislate on is the protection of arrangements. It is difficult as a person living distant that relationship and the parties in that relationship from from the Melbourne area to be involved in the someone who is in a position of strength or, in this decision-making process and therefore at times to bring circumstance and generally, in a position of common sense to situations that often get blown out of knowledge — that is, the agent. The agent has proportion. Therefore the opportunity to provide a knowledge of the marketplace and therefore knows proxy, albeit that the proxy may have limited powers, what can be achieved in terms of a particular property. gives people such as my colleagues from The Nationals They have an advantage over the vendor in those and me an opportunity to have representation. We see a circumstances. This bill regulates that relationship to need for that, because we may not always be able to be the point where it prevents, as I said, the estate agent’s in the Melbourne area. representative from acquiring a beneficial interest in a property that they have been commissioned to sell. In conclusion, this is a piece of legislation which is consistent with the Baillieu-Ryan approach to Until recently vendors and purchasers were required to government, which is responsible, transparent and obtain the consent of the director of Consumer Affairs simple, that cuts out red tape, delivers common sense Victoria for such a transaction. While that procedure and holds people accountable for their actions. But we certainly seems appropriate as a form of third-party in country Victoria would like to retain the regulation, in practice, as has been mentioned before, old-fashioned values of a person’s word being their no agent who wishes to do something dishonest is bond and a handshake definitely sealing the deal: we about to go and get permission to do so. would like to think that that is the way things operate
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After that the procedure was changed so that estate new rules for the management of owners corporations agents had to obtain the consent of a legal practitioner, and their ability to delegate powers. The statement that conveyancer or accountant. The failing in that an owners corporation is to be managed by or under the circumstance is that we are still reliant upon a third direction of the lot owners is intended to emphasise that party to consent to a vendor’s decision to sell a lot owners own the common property as tenants in property. Again, there is very little chance that common and can collectively direct how it is managed somebody who was looking to act dishonestly would in accordance with the procedures set out in the act. go and obtain permission to do so. This contrasts with normal trading corporations because it pertains to a different relationship between the people This bill proposes to introduce a completely new in a corporation as a company and those who are approach that focuses on ensuring fair outcomes for shareholders. In particular, while an owners corporation vendors rather than regulating the procedures can choose to delegate powers to a committee, by surrounding the sale. In essence the bill proposes that default the committee will have all the powers and the an estate agent or agent’s representative will be functions that can be exercised by the owners prohibited from obtaining a beneficial interest in the corporation. property that they have been commissioned to sell. The legislation specifies a wide range of examples where The bill gives owners corporations a power to make a such a beneficial interest would exist. rule restricting the voting rights of people who have been appointed to act as a proxy for a committee The penalties for contravening this legislation are member where they have not been elected or coopted to significant and can include imprisonment for up to two the committee. In such cases the consent of the other years. This is legislation that has to operate in the real committee members is required before the proxy-holder world. It would be easy to legislate for such can vote, although under the act such consent clearly circumstances in a vacuum, but that is not what has should not and cannot be unreasonably withheld. That happened. Governments will be forever trying to is an important part of this legislation, because people finetune legislation to make sure it encourages may have a conflict of interest, and if the ability of the commerce but also protects the participants. In this case members of the committee to prevent that proxy-holder there is a relationship between the vendor and the agent from voting were removed, that would encourage that needs to be regulated. conflict of interest, which is something the legislation is clearly setting out to prevent. This provision will also The legislation also provides an exemption which will ensure that the two competing issues relating to allow vendors and estate agents to reach mutually committee membership — namely the right of lot beneficial arrangements regarding the sale of the owners to choose who serves on the committee and the property. The key elements of the exemption are that right of those elected representatives to make their the estate agent must obtain the vendor’s opinions known once elected if they are unable to acknowledgement and consent to the estate agent attend meetings — is balanced in a fair and proper obtaining a beneficial interest. The legislation defines manner. ‘beneficial interest’ broadly. The estate agent must also act fairly and honestly, must not be paid commission or The third area of the bill deals with a very old area of other remuneration and must obtain the interest at a fair law pertaining to the precedent set by the case of Foss market value. v. Harbottle, which basically states that when a wrong is done to a company, the company is the proper The exemption operates to change the onus. The onus is plaintiff to pursue any claim. That applies specifically switched to the estate agent so that the estate agent to the company we are talking about. However, lot alone will have to demonstrate that he or she has acted owners in the area we are addressing with this in the best interests of the vendor which, in fact, is why legislation have a direct proprietary interest, and that is we are regulating this provision in the first place. We something different from what happens with are regulating it because of the fiduciary relationship shareholders in companies. This legislation draws a that exists between the vendor and the estate agent; we very clear distinction about the rule in Foss v. Harbottle are putting the onus where the onus should be. In the and how that applies to a company and what happens to real world — in commerce — the estate agent is the a lot owner in the particular entity that we are one who has knowledge of the market and therefore is discussing. at an advantage compared to the vendor in those circumstances. In circumstances where there has been There are many other very worthy elements to this any sort of conflict the bill requires that there be a piece of legislation. Time does not allow me to go into refund of any commissions. The bill also introduces them in any great detail and, in fact, does not allow me
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Wednesday, 29 June 2011 ASSEMBLY 2389 to go into them at all. However, I have covered what I line with the commonwealth Competition and think are the most important elements — those relating Consumer Act 2010. It also seeks to make amendments to the company versus the lot owners of these to new uncollected goods provisions to increase the entities — and it is important that we concentrate on value limits for motor vehicles and allow for the those. I commend the bill to the house. disposal of high-value goods by private sale where the receiver of the goods is of the opinion that the best price Mr WAKELING (Ferntree Gully) — It gives me can be obtained by private sale and notice has been great pleasure to contribute to this important debate on given. the Consumer Acts Amendment Bill 2011. The bill seeks to amend a number of acts in the consumer affairs In a previous life, as an employee of the Victorian portfolio. I will come to those acts in a moment. My Automobile Chamber of Commerce, I dealt with many colleagues have been very keen and passionate in their traders of both new and used cars. We talked regularly contributions to the debate on this important piece of about their concerns regarding the operation of relevant legislation. fair trading laws. It is important that we have strong laws in place not only to protect consumers but, more The Consumer Acts Amendment Bill 2011 spells out a importantly, to protect those businesses that seek to number of amendments to the Estate Agents Act 1980. invest their money, buy real estate and set up a business Real estate agents fulfil an important role in the selling vehicles. Many reputable second-hand car Victorian community in regard to the management of dealers set up a business, become a licensed motor car the process of selling a property and also in regard to trader and set up a premises to sell their second-hand the protection of residents who are renting a property. It vehicles. Under that system consumers are protected by is imperative that we have legislation in place that law in that they are able to return the vehicle, if they protects both parties. As a member of Parliament I have wish, and are entitled to receipt of moneys. had many representations from both sides. Some renters feel they have been hard done by, not only by their However, many disreputable dealers would purchase a landlord but also by their real estate agent. I have also number of vehicles but not set up a business. They received many representations from real estate agents would not purchase or lease a site but would park their about the operation of relevant consumer law and the vehicles on the sides of roads throughout the state and necessary protections that are in place to protect not put a mobile phone number in the windows of those only them but also those people who are renting vehicles. That was the way in which they operated their properties over which they have control. That is why it business. People who then bought those vehicles did so is important that the Estate Agents Act 1980 be kept without the protection afforded to other consumers who relevant and be reviewed on an as necessary basis. In purchased vehicles from second-hand car dealerships. the previous Parliament we went through this process of review of legislation on a regular basis, and I know Putting aside issues relating to the protection of that those opposite were active participants in those consumers, second-hand car dealers effectively had to debates. The member for Williamstown was very keen pay for relevant licensing, pay for staff, pay for leases about the review of legislation in this area, and I am and pay the relevant on-costs associated with any pleased to see him in the house today to participate in business while being hamstrung by those other this process. businesses that were in effect flouting the system. During my time at the chamber of commerce many The bill before the house also seeks to make a number operations were run to highlight these concerns. I am of amendments to the Owners Corporations Act 2006. sure we have all seen cars for sale on the sides of roads. The bill removes a restriction on conveyancers Some of course are owned by householders who are undertaking legal work on the sale of businesses from selling their own cars, but there are those who are 1 July 2012. This has provoked some interest, and I unscrupulous and who do it as a business without have received representations from local constituents affording consumers the opportunity of appropriate who are involved in this area. They have raised protection. concerns about current operations in relation to this issue and have expressed their joy about the fact that The bill seeks to make changes to the Chattel Securities this government is moving towards implementing this Act 1987 and will amend the Consumer Affairs change. Legislation Amendment (Reform) Act 2010. It will also amend a range of other legislation. This bill will bring The bill redrafts section 144 of the Fair Trading Act consumer acts up to speed and up to date. The Minister 1999, which imputes liability to principals for the for Consumer Affairs has gone through a actions of officers, employees and agents to bring it in comprehensive process of community consultation
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2390 ASSEMBLY Wednesday, 29 June 2011 about this important piece of legislation. He, like this proxies and service of notices; and thirdly, to amend the government, realises that we need relevant legislation Fair Trading Act 1999 in a couple of areas — that is, in that meets the needs of consumers and also the needs of relation to conduct by officers, employees and agents of businesses. This side of the house stands up for a body corporate and also to clarify the jurisdiction of Victorian businesses, and we will ensure that we have a the courts and the Victorian Civil and Administrative fair balance. Yes, we need to protect consumers, but we Tribunal (VCAT) in relation to matters under the also need to ensure that we have a system in place that Australian Consumer Law (Victoria). protects the needs of Victorian businesses. The fourth main purpose of the bill is to amend the As the Treasurer, who is at the table, would well know, Conveyancers Act 2006 to remove a restriction on small business is the engine room of the Victorian work involving the sale of businesses. The fifth purpose economy. If we work hard, we will ensure that our state is to amend the Consumer Affairs Legislation grows. As he looks at me and agrees, he knows that we Amendment (Reform) Act 2010 in relation to the need to be a government that is working hard to ensure disposal of uncollected goods; and the sixth purpose is that we stand up for all Victorians, whether it be to amend the commencement arrangements in the through consumer legislation or the other legislative Associations Incorporation Amendment Act 2009, the amendments that are before this Parliament and that we Associations Incorporation Amendment Act 2010, the have seen over the first six months of this government. Personal Property Securities (Statute Law Revision and I commend the bill to the house and applaud the Implementation) Act 2010 and the Consumer Affairs Minister for Consumer Affairs for the work he has done Legislation Amendment (Reform) Act 2010. The last on this important piece of legislation. item in the purposes is to repeal the Companies (Administration) Act 1981. Mr ANGUS (Forest Hill) — It is a pleasure to rise this evening to speak on the Consumer Acts As I said, it is a comprehensive bill and it reflects the Amendment Bill 2011. I would like to start my attitude of the incoming Baillieu government. We are contribution by commenting in general terms on the the free enterprise side of the house, and we are fact that this is another bill that reflects the commitment encouraging small business. We are sorting out some of of the new Baillieu government to simplifying the these matters that needed attention. running of businesses and doing business in this great state of Victoria. This government is committed to Mr Hodgett — We are fixing the problems. improving consumer protection in the overall area of trading and various business activities. Mr ANGUS — My colleague from Kilsyth mentions that we are fixing the problems, and that is The overall objectives of this particular bill have been right. I will not digress into that area too much or I will outlined for us. The bill amends a range of consumer use all my time talking about that rather than this bill, acts and other legislation to improve their operation. As but we could talk all night about fixing the problems of I just said, that is how we on this side of the house like the previous regime in this state. I will turn my attention to approach things. We in the new Baillieu government to that somewhat in a few moments. want to improve the operation of small businesses, streamline business and encourage business, the engine On the other provisions of the bill, which I want to go room of the Victorian and indeed the Australian into in a bit more detail, the bill substitutes new economy. Simplifying these sort of matters, including sections 55 and 55A for the current section 55 of the cutting red tape, encourages people to go into business Estate Agents Act 1980. As members know, the current and encourages those who are already in business to section of the act restricts estate agents and their grow their business, employ more of their fellow representatives from obtaining a beneficial interest in Victorians and generate the funds and resources properties that they have been commissioned to sell. necessary to meet their needs as business operators. The amendments will deliver fairer outcomes to vendors and the new act will operate in a manner Turning to the bill, I refer first to part 1, which begins similar to those in other jurisdictions. A number of with the purposes of the bill. This is a comprehensive people on this side, particularly some of our learned bill, as other contributors to the debate have mentioned. members who have estate agent qualifications, talked The main purposes of the bill are: firstly, to amend the comprehensively about this section. They were able to Estate Agents Act 1980 in relation to estate agents talk about those provisions on a firsthand basis, so I will purchasing real estate or businesses, and I will come leave my comments at that. back to that a bit later; secondly, to amend the Owners Corporations Act 2006 in relation to delegations,
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The bill clarifies delegations by owners corporations, and to encouraging small business. What a contrast the allows owners corporations to restrict the voting rights new Baillieu government is to the previous financially of certain holders of proxies of committee members, incompetent and irresponsible Labor government! It is clarifies standing to have owners corporation disputes timely that I am speaking on this relatively simple piece heard by VCAT and provides more flexibility for of legislation, which deals with housekeeping, on the service of documents under the Owners Corporations very day that we have received the Victorian Act 2006. Again, those are common-sense and Auditor-General’s report in relation to the allocation of appropriate provisions. electronic gaming machine entitlements. What a condemnation of the previous regime this document is! The bill amends the Conveyancers Act 2006 to remove I would encourage anyone who has not read it to get a from 1 July 2012 the restriction on conveyancers copy of the report and read what an absolute debacle is undertaking legal work on sales of businesses. It also outlined in that document as was witnessed by all of us amends section 144 of the Fair Trading Act 1999, in this place and in Victoria. The $3 billion loss is a which imputes liability to principals for the actions of staggering amount, as other government members have officers, employees and agents, to bring it into line with outlined eloquently in the debate that took place earlier the Competition and Consumer Act 2010 of the and in question time today. To think about what we commonwealth. The bill makes amendments to new could have done and what the Victorian people could uncollected goods provisions to increase the value have done with that amount, a figure of such limits for motor vehicles and to allow for the disposal magnitude, is mind boggling. It is shameful to think of high-value goods by private sale where the receiver that the money was wasted in that manner. of the goods is of the opinion that the best price could be obtained by private sale and notice has been given. I support the bill and commend it to the house. Those amendments will bring improvements and they deal with this area comprehensively. Mr NEWTON-BROWN (Prahran) — It gives me great pleasure to rise in support of the Consumer Acts The bill defers default commencement dates in several Amendment Bill 2011. As my good friend the member acts. This is an administrative matter, but one that needs for Forest Hill has noted, this bill is indicative of the to be attended to nevertheless. As I mentioned before, action the Baillieu government is taking to put the state the bill repeals the Companies (Administration) Act back on track. We are tidying things up, we are 1981, with appropriate savings and transitional streamlining things for business and we are clamping provisions. Again, this is attending to the various down on dodgy operators in various areas, and this is consequential amendments that are required. indicative of the way the Baillieu government is going to run this state. Finally, the bill includes the necessary amendments to legislation to reflect the change of name of the National This bill amends a number of acts including the Estate Institute of Accountants to the Institute of Public Agents Act 1980, the Owners Corporations Act 2006, Accountants. Whilst this is a relatively small matter, it the Fair Trading Act 1999, the Conveyancers Act 2006, is nevertheless important to ensure that we are staying the Consumer Affairs Legislation Amendment on top of the changes that are taking place out there in (Reform) Act 2010, and various other acts. My the community. contribution will focus on the Estate Agents Act 1980.
On the overall thrust of this bill, we on this side of the Prahran real estate is something in which my local house consider it very important to have robust constituents have a lot of interest. There is an legislation governing residential and commercial extraordinarily high number of renters in Prahran. That matters of this type. It is very important for both those is not necessarily through choice, but it reflects the cost relying on the law and those seeking to comply with the of getting into housing in the area. Stonnington is law. Harking back to my own background in a public probably one of the most expensive areas in which to accounting practice, I know it is very important that all buy your first house, and many young people who live aspects of the law, both federal and state, are complied in Stonnington or Prahran would love to be in the with. Having these sorts of matters attended to and property market, but under the previous Labor improved goes some way to assisting practitioners and government they simply could not afford to get a the people who are relying on these particular laws. foothold in the market. The Treasurer recently announced cuts to stamp duty: a 20 per cent cut will be In conclusion, I reiterate that the Baillieu government is coming in next week, rising to 50 per cent in coming committed to business. We are committed to cutting red years. Cuts to stamp duty for first home buyers will tape. We are committed to simplification of legislation make a significant impact on the lives of young people
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2392 ASSEMBLY Wednesday, 29 June 2011 in my electorate of Prahran because they will be able to advantage of the situation we were in and came over enter the housing market as a result. one night and said, ‘Look, I’ve got a buyer for you. I don’t know exactly how much they’re going to offer, You have to love your local real estate agent. It is a bit but I need your best price. What is your lowest price, of a sport in Prahran, and I presume in the rest of the and I will try to sell this tonight? I need a signature on state, to have a stickybeak at weekend auctions and to the document and then I will drive out there, but I am have a look through houses that are open for inspection. not going to bother driving there unless I’ve got the The inevitable question people are asked by estate signature, unless I’ve got your absolute best price’. agents when they have their stickybeak is, ‘Can I have your name and phone number?’. This can be a trap for We agonised over how low we would go, and we went young players as by giving your name and phone as low as we could. We thought it was our last number you end up with a new friend. I certainly have opportunity, and we signed up to a price which was lots of friends in my electorate who are real estate exceptionally low and probably below market value agents and who phone me on a regular basis. They just to get that sale. Then came the clincher from the think that because I happen to have looked through an agent. As he walked out the door he said to me, ‘By the expensive house around the corner I am actually in the way, if I’m able to get more than that price, what about market for an expensive house around the corner. I get we split the difference 50-50?’. At that point it clicked: calls suggesting that we should catch up, and I say, he actually had a buyer at a higher price, but he had ‘Catch up? What, in relation to that 5 minutes we spoke trapped us into signing an agreement at a certain price six months ago in that house around the corner?’. You and was going to get the extra commission on top of the have to say that they are better politicians than price we had agreed to. politicians with their marketing and their contact with local constituents. That is something we all love about We said, ‘No, we are not going to accept that 50 per real estate agents. cent commission you are seeking’, and I think he ended up coming back with an offer that was about $10 000 However, some questionable practices have arisen in more than we had agreed to. This sort of behaviour is the industry which in the view of the Baillieu obviously an aberration in the industry, but in every government require tightening. That is what this industry there are people who push the boundaries. legislation does. When you contact a real estate agent to Certainly on this occasion it was unethical, if not sell your house, you will expect the overinflated quotes illegal. of, ‘Yes, this is what we think we’ll get for your house’. You sign up and then there is the inevitable talkdown in The Consumer Acts Amendment Bill 2011 will help the days prior to the auction. All of this is perfectly clean up the industry. It will address situations such as legitimate, but there are some less ethical practices the one I experienced in relation to the sale of my first which this legislation seeks to address. house. The proposed tightening will create a better environment for people who are in the real estate To speak from my own experience, I know there are industry and for those who are buying and selling in some rogue operators out there. Most real estate agents that industry. I commend the bill to the house. are ethical, honest and hardworking small business people, but I had one nasty experience when I bought The SPEAKER — Order! The time has arrived for my first house on the Frankston line. It was an this house to meet the Legislative Council in this impressively wide terrace — I think it was about chamber for the purpose of electing three members of 7 metres wide at the front — but the house was on a Parliament to the Victorian Health Promotion wedge-shaped block that narrowed to about 1 metre Foundation. The joint sitting will conclude at an wide at the back. I very quickly grew out of that first appropriate time for the dinner adjournment, so I house and engaged a local agent to sell it. The auction propose to resume the chair at 8.00 p.m. was botched for a number of reasons, probably in part due to my efforts, but in any case we did not sell at Sitting suspended 6.15 p.m. until 8.02 p.m. auction and then had to negotiate a sale subsequent to Debate adjourned on motion of Mr HODGETT auction. (Kilsyth).
Against all the advice of those who knew better, we had Debate adjourned until later this day. bought elsewhere, so we were under pressure — we had bought a house and we had to sell. We ended up having no bridging finance and were on the ropes, so we really had to make that sale. The agent perhaps took
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JOINT SITTING OF PARLIAMENT and the legislation was not even introduced into Parliament until 22 March. So much for this Victorian Health Promotion Foundation government setting a cracking pace on delivering the Premier’s no. 1 priority. The ACTING SPEAKER (Ms Beattie) — Order! I have to report that the house met today with the Let us look further at why this is such a weak and Legislative Council for the purpose of sitting and voting feeble piece of legislation. The article in the Herald Sun together to elect three members of the Parliament to the stated that this government would be introducing Victorian Health Promotion Foundation and that legislation to fine MPs who have been suspended from Mr Neil Angus, MP, Mr Tim Bull, MP, and the house. Once we saw the bill in its detail we saw that Ms Danielle Green, MP, were elected. its scope had been narrowed somewhat, and I am sure that comes as pleasant news to those MPs who have been subject to suspension from this house from time to PARLIAMENTARY SALARIES AND time. It has been confined to the naming of MPs only. SUPERANNUATION AMENDMENT BILL Looking back at the number of MPs who have been 2011 named in this and previous parliaments, since 2006 eight members have been named and subsequently Second reading suspended. I am advised by the parliamentary library that between 1999 and 2006 no members were named. Debate resumed from 24 March; motion of So we can see that this legislation will impact on only a Mr McINTOSH (Minister for Corrections). small number of MPs in a small number of ways, Ms ALLAN (Bendigo East) — What a delight it is although it is all being dressed up, trussed up and rolled to finally have the opportunity to debate the out the door by the Liberal-Nationals government as Parliamentary Salaries and Superannuation legislation that contains big changes and big reform. Amendment Bill 2011, and let me say at the absolute This bill also reminds us of the big things that the outset of my contribution there can be no doubt that the Liberal-Nationals coalition promised before the Labor opposition will be opposing this bill. This bill is election. It was going to reform Parliament and change nothing but a feeble stunt — let me repeat that for The the practices of this chamber. I am sure members of the Nationals — a feeble stunt by the government in a chamber all remember well the exchange in the leaders desperate attempt to be seen to be doing something. debate that was held on 5 November 2010 between the Let us go back to the origins of this bill. We all turned leaders of the two political parties. The now Premier up for the first day of Parliament this year back on was asked a question about accountability and what 8 February, and we were greeted with an article in the happens in a parliamentary question time. He was Herald Sun entitled ‘Unruly politicians to lose their directed down this — — pay’. Through that article we saw the Premier run up Honourable members interjecting. the flagpole his big idea for the parliamentary session, his big reform of the Parliament and the big issue that Ms ALLAN — I am more than happy to table this his party and his government were going to pursue over document, believe you me! He was asked this question the course of the coming parliamentary weeks. by none other than Ms Josephine Cafagna. She encouraged the Premier to go down this path; she It was such an important priority for the Premier that enticed him down this lane. The Premier’s response the information was given to the Herald Sun as a was to agree that Parliament needed to be reformed. He special little exclusive. That article stated, ‘Parliament said that question time had really become a farce and he this week will debate a motion’. Here we are 20 weeks made a commitment. He went on to say that any visitor later and we are finally getting around to debating and to our Parliament now would know that Dorothy Dixers considering the Premier’s no. 1 priority that he are really a waste of time. He was then asked whether articulated back on 8 February. Given this pace, it is no the standing orders of Parliament should be changed surprise that the government is dragging its heels on and he said that he believed the standing orders should infrastructure projects. We will be lucky to see major be changed. He believed back then that there should be infrastructure projects in the state before the year 2155 widespread reform of the Parliament. at the earliest, given how this government drags its feet on this issue. So much for it wanting to drive an agenda What have we seen since then? From the very first day to push change through the Parliament. It is only getting of this parliamentary session we have seen the around to debating this motion some 20 weeks later, government block every single attempt by the
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2394 ASSEMBLY Wednesday, 29 June 2011 opposition to change the standing orders. We were the Deputy Premier Tristan Weston in the recent prepared on the very first day of Parliament to assist the undermining of former chief commissioner Simon Premier to implement his priorities. We took him at his Overland. He went on to say: word; we thought he wanted to make change. We understood that that was what he was committed to do. But any observer with an ounce of political history will know governments only ever duck and weave when they know or Unfortunately for the Premier, his own team refused to suspect the ammunition is live. allow the changes that we are proposing even to be considered and debated. On 30 November last year the This is a government that knows the ammunition is Premier was quoted in the Age as saying about his live. It does not want to have questions answered in this government: chamber, and what it is attempting to do with this bill is to stifle the opposition’s opportunity to speak out There will be no hidden agenda, no spin, no secrecy. clearly, freely and quite passionately in defending the Accountability and transparency will be the principles that underpin our government … institutions that it believes should be defended. Well, goodness me! Let me read out four names that Let me go on. This also goes to the farce and the feeble demonstrate how this government has ducked and attempt that the government has made in introducing weaved at every turn: Simon Overland, Tristan Weston, this legislation. The Premier made some comments to Michael Kapel and Frank Vincent, in regard to his the Liberal Party state council meeting on 29 May, and report. These are four names that have been linked to I am sure the Deputy Leader of The Nationals was there circumstances that go to the heart of how this because The Nationals are Siamese twins with the government has tried to conceal its involvement and Liberal Party these days. They are one and the same. meddling and how it has undermined institutions in this We saw how the government tried desperately to spin state. We have seen how that has transpired. to its own faithful. The Liberal Party Premier tried to spin to his own party faithful that this was a Mr Walsh — On a point of order, Acting Speaker, government that was doing something. Let me read the the member on her feet has, I believe, brought boast of the Premier on 29 May: Justice Vincent’s reputation into ill repute. No-one could question the reputation of Justice Vincent, and it New standing orders in Parliament, and we’ve even introduced fines for members of Parliament who misbehave. is very disappointing that the member is doing that to someone with such a high reputation as Justice Vincent. Goodness me! I can just imagine how the jewellery rattled with excitement in that Liberal Party state Ms ALLAN — On the point of order, Acting council meeting and how the crowd must have Speaker, if the member had been listening, he would applauded their Premier for taking such strong action. It have heard that I was referring to a list of names in is just a shame that the Premier did not have the relation to which the government has attempted to courage to look his own party members in the eye and undermine individuals and those institutions they have say, ‘Woops — we have been dithering for quite a few been linked to. In regard to Justice Frank Vincent, I months. We haven’t actually got that one through the referred directly to the report that he provided to this Parliament yet. We will come back to you when we government. I think it is a strange move for the do’. He was too asleep at the wheel to even admit the minister. He is not the one who normally engages in truth to his own party members. this type of activity in this chamber; he usually plays things with a straighter bat. He obviously has the I do not want to dwell on this because time is limited, Liberal Party infection going through his veins, and he but I am sure others on our side will underscore how is now engaging in this sort of behaviour. this legislation attacks our ability as individual members of Parliament to stand up for those things we The ACTING SPEAKER (Ms Beattie) — Order! I believe in, without fear or favour. We know that from have heard enough on the point of order. There is no time to time that debate can get passionate in this point of order, but I will be listening carefully. chamber, and we know there are conventions that already exist in this house for how members, when they Ms ALLAN — I refer the Deputy Leader of The overstep the mark from time to time, are to be brought Nationals, who is sitting at the table, to comments made back into line. Those powers already exist in the office by John Ferguson in an article in the Australian of of the Speaker and in the hands of the floor itself for 25 June in which he talked about how the Premier ‘has how the house deals with members who behave ducked and weaved his way around repeated questions inappropriately. Perhaps the member for Mount on the issue’ — that is, the issue of the involvement of Waverley might want to reflect on that point over the his chief of staff, Michael Kapel, and former adviser to
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Wednesday, 29 June 2011 ASSEMBLY 2395 course of today. We do not need to go down this path, Speaker, and we respect the Speaker’s right in that particularly when it is nothing more than a stunt. I hope regard. The issue here is that if members of the the government does not shut down debate on this government were not wanting to compromise the office issue, because if it does, it is curtailing the right of of the Speaker, then perhaps they would have consulted every member of Parliament to stand up for what they with us before this bill came to the Parliament. This believe in. We will wait and see what is going to government is putting the Speaker in a very difficult happen. position by ramming this legislation through the Parliament without providing appropriate consultation I have already spoken on how this bill is flawed, and with the opposition or indeed with the Speaker. By no others will have the opportunity to raise this, but there means am I wanting to reflect on the Chair, but it does is no process in this bill for how the Speaker will put the Speaker in a very difficult position, particularly determine which charity is going to be in receipt of the given the Speaker’s tendency in the past to freely funds. If this bill is passed, I urge the Speaker, through express himself without fear or favour. you, Acting Speaker, to consider setting up a bipartisan process to guide the determination of which charity this An article in the Herald Sun of 8 February 2011 fund will be provided for. I hope the Speaker will take describes the Chair as ‘the poacher now turned that matter up, and I will also raise it directly with him. gamekeeper’. He is a man who has always stood up and spoken freely and clearly. The Speaker is a person who This legislation is also about parliamentary standards, respects that opportunity. I hope his colleagues continue which the Premier and the government have talked a lot to allow the practice of this house to go down that path, about. It is a damned shame that they do not practise particularly when the opportunity to name a member what they preach. In recent weeks we saw how one and reject them from the house is one that already minister missed a vote because she was in la-la land carries with it a significant consequence. Given that this and did not realise that the bells ringing at 4.00 p.m. on is a tight Parliament, with the government having a a Thursday afternoon meant she had to turn up to the majority of only one member, the naming of a member chamber to vote. Another minister was in the Land of becomes a significant and powerful tool in the hands of Nod, snoring her way merrily through the division bells the Speaker or Deputy Speaker, one that is used while the member for South-West Coast was banging judiciously and does not need additional attempts by on her door, urging her to come out and vote. the government to stifle the debates that go on in this chamber and compromise the office of the Speaker. We have also seen how this is a government that does not like the rules, so it goes about changing them. We With those words, I conclude by saying that if this saw the unprecedented and historic action whereby this government were fair dinkum about parliamentary government changed the votes of this chamber reform, it would go further and consult with the retrospectively because it did not like the outcome. It opposition and it would do it properly. I hope that changed the rules so it could change the outcome happens eventually during the course of this retrospectively. I have already referred to how question Parliament. time has become a farce. We have seen how the government has shut down debate on motions and bills. Ms MILLER (Bentleigh) — It is disappointing to It does not want any scrutiny and has so far repeatedly hear that the opposition will not be supporting this bill. refused to allow the opposition the opportunity of Given the behaviour in recent times of members of the having a consideration-in-detail stage on any bill. We Labor Party, particularly in question time, I have lost have also seen today the thuggish behaviour of the count of the number of times members on the other side member for Mount Waverley in standing over a young have been removed from the chamber during question woman exercising her democratic right. That is a direct time, not to mention other times during sitting weeks. It analogy for what this bill is about. This bill is about is no wonder that opposition members will not support thuggish behaviour by the government; it is standing this bill. They are happy to waste taxpayers money — over the opposition in return for allowing us to stand up Victorians’ money — but when it comes to their own for our democratic right to speak in this chamber freely pay packets the purse strings are closed. and without fear or favour. This bill forms part of the government’s intention to I want to conclude by saying that this bill will put restore the integrity of Parliament and rebuild public significant additional powers into the hands of the trust in government. Members of the Legislative Speaker. As we know, to date the practice in this house Assembly and the Legislative Council have been has been that many of the practices, particularly the elected by our communities to lead the state of Victoria naming of members, have been at the discretion of the and to provide leadership to all the constituents we
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2396 ASSEMBLY Wednesday, 29 June 2011 represent. It is not unreasonable therefore to expect a Funds collected from members of this place will be certain standard of behaviour from members of this placed into an Assembly Suspension Fines Fund. This Parliament. As the member for Bentleigh I am fund will be administered by the Speaker and he or she honoured to be representing such a wonderful must distribute the amount to one or more charitable community in Victoria. Members who act in such a institutions nominated by the Speaker each year. There way as to warrant suspension from the house have are reporting requirements for both the Speaker and the clearly committed an offence that requires a substantial President to ensure that funds are distributed punishment. appropriately. This is a great provision because it means that when members are fined under these This bill does not cast aspersions on or evaluate the provisions Victoria’s vital and selfless charitable sector behaviours of specific members; rather it sets a clear will benefit, and that will be a very good thing. standard. The bill will ensure that members act in a way Undoubtedly the ability to support those great that reflects our position as community leaders. I would institutions will provide comfort to those members who like members to consider, as I have a number of times, are affected. that after a visit to this Parliament or to the federal Parliament constituents have commented on the The bill will reinforce to members of this Parliament rowdiness of question time or the severity of some of the importance of good conduct. A respect for the the comments made. From time to time we may laugh it institution will demonstrate to the community our off as being part of the nature of Parliament, but it is ability to lead by example. now time we took measures to show our communities our ability to retain professionalism. Honourable members interjecting.
When members discuss the need for society to abide by The ACTING SPEAKER (Ms Beattie) — Order! the rules of civility and good manners, the same A little less noise in the chamber, please! members should literally be putting their money where their mouth is. This bill has a precedent in a highly Ms MILLER — The Victorian coalition esteemed Parliament of the United Kingdom. Since government will uphold the standards of conduct as a 1998 the standing orders of the House of Commons demonstration of fixing the problems and building the have included section 45A, which provides: future. The government intends to act responsibly, and its members will be held accountable for their conduct The salary of a member suspended from the service of the in the Parliament. The government is of the opinion that house shall be withheld for the duration of his suspension. to impose a fine on members who are named and suspended from the Legislative Assembly or the This has been accepted as part of parliamentary practice Legislative Council is completely justified. This will for more than a decade. This demonstrates — — enforce accountability for one’s behaviour when one is Honourable members interjecting. receiving a salary for such behaviour.
The ACTING SPEAKER (Ms Beattie) — Order! The government will uphold accountability by Could we have some silence in the chamber, please. supporting this bill, unlike the previous government which was not accountable at all, and we have seen Ms MILLER — This demonstrates that such a very good examples of that today. Paying members of provision is productive and should be implemented in Parliament to behave badly is considered by this the Victorian Parliament. I contend that if it is good government to be wasteful spending. However, it was enough for Westminster then it is good enough for evidently not considered to be such a waste by the Spring Street. This bill provides that if a member is previous government, which was continually wasteful suspended from the service of the Council or the with money, as evidenced by the fact that it ripped off Assembly after being named under the standing orders the Victorian people by wasting $3 billion. This was of the Council or the Assembly, a fine will be imposed shown in the Auditor-General’s report headed on the member. This is not punitive. It simply provides Allocation of Electronic Gaming Machine that if on a parliamentary sitting day a member is not Entitlements — — able to serve in this or the other house due to their behaviour, then they will not be paid the day’s salary. It Mr Brooks — On a point of order, Acting Speaker, is that simple. I think you can probably foreshadow what I am going to raise. The member is straying from the bill before the The question that must be asked is: where will the house. She is also reading from a document. I ask that if funds go? — and I particularly like this provision.
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Wednesday, 29 June 2011 ASSEMBLY 2397 she is reading from a document, she table it for the work. This is a government that wants to bludgeon benefit of the house. dissent in order to create a brave new world in which it and its acolytes are effectively the only ones allowed to The ACTING SPEAKER (Ms Beattie) — Order! voice their views. That is not democracy, and these are Is the member reading from a document or using notes? not the sorts of issues that this Parliament should be debating. Ms MILLER — I have some extensive notes that I am referring to. This bill, make no mistake, is an affront to democracy. It goes to the very heart of the concept of parliamentary The ACTING SPEAKER (Ms Beattie) — Order! I democracy. Here in this place some of us — those on thank the member. However, the member was straying this side of the chamber at least — actually take our from the bill, and I ask her to come back to it. responsibilities to our constituents seriously. We do not Ms MILLER — Certainly, Acting Speaker. In fact I fall for the threats and the intimidation of being told, ‘If have 3 billion reasons for referring to my copious notes you misbehave, through legislative fiat, you will be because — — docked for the time you are out of the chamber because we consider that your behaviour is unconscionable or The ACTING SPEAKER (Ms Beattie) — Order! inappropriate’. On the bill, please! I quote Charles Millhuff, who said: Ms MILLER — The previous government was not Many of life’s circumstances are created by three basic necessarily accountable, and over the last month or two choices: the disciplines you choose to keep; the people you we have seen several members of the opposition being choose to be with; and the laws that you choose to obey. removed from question time. We have also seen members removed from the house during other times of In many ways discipline is a demonstration of your the sitting day. It is more appropriate now than ever values. What we see here today is this government’s before that we introduce this bill, because clearly during values. It is about fining, it is about gagging and it is 11 long, dark years of Labor we did not see about essentially shutting down dissent. This legislation accountability; we saw waste and mismanagement. But is nothing more than a stunt. In fact we suspect it is we have an accountable government now, a responsible nothing more than a thought bubble from the Premier, and caring government that is going to do the right who might have given it to the Herald Sun in a thing by all Victorians. This is a bill for which we are desperate effort to kill a slow news day. That is the sort advocating. I hope the opposition sees the light so that of thing we expect from a government that promises we can fix the problems that have been created in the much but does very little. past, build a future, put Victoria back in a better position and lead it in the right direction. I do not know whether you had the opportunity, Acting Speaker, when we were talking about action as opposed Honourable members interjecting. to colour, to read the Age on Monday when we saw business sitting back bemoaning the very fact that The ACTING SPEAKER (Ms Beattie) — Order! I government members are effectively, in the words of remind members that we are in the parliamentary business, ‘sitting on their arses’. I do not know whether chamber and not at the MCG. business would be fined for using such language in this place, but that was a genuine, heartfelt expression of Mr PALLAS (Tarneit) — I want to thank the concern about a government that has lost its direction, member for Bentleigh for her contribution. She has its purpose and in many ways its fundamental values. demonstrated to us exactly why we deserve When you become so obsessed with how you deal with performance pay in this Parliament — for staying dissent and unconcerned with what you do in terms of awake when there is clearly an affront to democracy on progressing the general wellbeing of the community, display in this place. The affront to democracy is that the body politic, ultimately you are a government that is there is no attempt to engage in genuine debate; there is more intent on pulling lint out of your own navel than just a desire to lull the entire Parliament into the same proceeding and benefiting this community. coma that the government is in. There are very few examples that would justify the This bill is a piece of legislation that says so much introduction of this legislation. I want to quote just about this government. It says this is a government of briefly from the all-parliamentary Public Accounts and colour but no movement. This is a government that Estimates Committee’s report on strengthening would prefer to get the headline rather than do the hard government and parliamentary accountability in
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Victoria. Page 36 of that report refers to, effectively, the Mr PALLAS — Sorry! I hear that I might be practice of the naming in Parliament and suspending of boring. We will wait for the milk and cookies to come a member: in from another contribution from those on that side of the chamber. … who repeatedly transgresses standing orders or who refuses to acknowledge the Speaker’s rulings. This is Honourable members interjecting. demonstrated by the naming and suspending in the Assembly in September 2007 of a member for refusing to withdraw comments that the Speaker ruled had breached standing The ACTING SPEAKER (Ms Beattie) — Order! order 118 — the first time this had happened since sessional The member for Tarneit has the call. order 10 was adopted. Mr PALLAS — Those of us on this side who want Sessional order 10 was a process aimed at providing a to debate the facts might actually have an opportunity broader capacity for the powers available to the to do so. The report continues: Speaker. This compares with 12 instances in the eight years prior to We have to ask ourselves what the mischief is that this 1999, and a total of 38 instances of members being named legislation is seeking to address. We do not legislate since 1897. However, the incidence of members ordered to withdraw since 1999 is significantly larger … because we wake up one morning and say, ‘The Herald Sun has an empty front page. What are we going to The basic point is this: we have in place a process that do?’. What we do is legislate because there is a public means that naming was working. The procedures and good that requires addressing. This is where the Public disciplines of this place had been working. If you want Accounts and Estimates Committee report is so to see proof of how many instances it had been able to instructive. The report states further: address, you will see that the process had addressed it quite well. Data supplied by the Assembly’s procedure office demonstrates that the change in standing orders has reduced the number of members being named. There are some fundamental flaws in the way this legislation operates. Firstly, it is not retrospective. If we We actually already had a process in place that was are all going to be sinners, we might as well recognise massively addressing the way that parties had behaved. that there are some repeat offenders; there are It goes on to say: recidivists when it comes to naming. Very few of them are on this side of the house, with the greatest respect to The naming that occurred in September 2007 was the first the member for Albert Park, who recently has become instance in the eight years since the sessional orders were adopted. an offender but through no fault of his own in many cases, I think. Mr Wynne — How long? The point here is: should it be based purely on a day’s Mr PALLAS — The first time in eight years. The salary at base rate? I think not. Surely this should be report continues: based upon a member’s capacity to pay. I think if we are going to have offences, then the offences should This compares with 12 instances in the eight years prior to demonstrate the salaries of the incumbent and those 1999 … who are misbehaving. The offence is so much more As soon as this had been introduced, there was a profound when you are a member of the government naming-free period of eight years and 12 instances in and you offend. Heaven forbid that such an offence the eight years prior to that. There was a total of might occur. This is not a debate about this chamber 38 instances — — having an exchange of polite ideas over cucumber sandwiches; this is about being able to live in the Honourable members interjecting. crucible of a debate of ideas whereby as members of Parliament we get the opportunity to put our views The ACTING SPEAKER (Ms Beattie) — Order! vociferously in the interests of the communities that Could the member for Tarneit just hold on for a depend on us. We cannot, we should not and we must moment? Could we have a little less noise in the not circumscribe our rights to express ourselves. chamber? If members want to indulge in long conversations, they should leave the chamber. There are disciplines and there are processes in this chamber. There are no transparent reasons why the An honourable member — It’s boring. rules should change, but more importantly there are no transparent processes by which a Speaker would exercise the unbelievably wide powers of discretion
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Wednesday, 29 June 2011 ASSEMBLY 2399 that are in effect visited upon him. If democracy is to quiet day, thinking, ‘Here is someone who needs their prosper in a community such as ours, then we must 15 minutes of fame. Let’s give them their 15 minutes of stand up for it, we must aggressively speak for it and fame’. However, no longer will they get their sometimes, heaven forbid, we might be offensive. I 15 minutes of fame without a substantial cost. This will speak for the member for Benalla — it occurs on hit them in the nerve where they do not like to be hit, occasion, I know — but these things are important to and that is the hip pocket nerve. They will get stung, defend. That is what democracy is about. and they deserve to be. We all deserve that if we do not act responsibly in this Parliament. Mr McCURDY (Murray Valley) — I was so inspired by the last speaker that I nearly fell asleep. The Baillieu government is getting tough on hoon Opposition members have talked about pulling lint out drivers, drunks who misbehave and violence on public of each other’s navels and about cookies and milk, and transport, and now we are getting tough on members of I think they have forgotten what this bill is about. It is Parliament in this house who think they can misbehave. about accountability and responsibility. They are things I believe this is outstanding leadership from a members on the other side of the house do not want, government that is not about do as I say, but do as I do. which is why they start to talk about milk and cookies It is a government that says we are not above the law; and everything else. we are accountable, we will be responsible and we will be fined if we transgress. Talking about being accountable and responsible is something that is very dear to my heart. As an elected This leadership inspires me. We are not following other representative I believe it is a privilege and an honour states; it is something we are beginning on our own. to be a member of this chamber. It is a privilege to Victoria is the first state in Australia to adopt this tough represent my community, all the people in the stance, and those who act inappropriately within the electorate of Murray Valley and all Victorians. The parliamentary chamber will pay a severe price. I pause opportunity to be part of this government in delivering to congratulate the government for leading from the for all Victorians is something that we need to do well. front. We are not afraid to bring ourselves to account, It is a very fulfilling experience, but within our as also happens in the House of Commons in the communities we all need to be responsible. We are all United Kingdom. Currently the Speaker may order a told that we should not drink and drive, that we should member whose conduct is disorderly to withdraw from not break the law and that we should be civil to each the chamber for an hour and a half, although suspended other and not bully others. The halls of Parliament and, members can still attend divisions. more importantly, this chamber are places for great debate. The opportunity afforded to us is truly a gift, In more serious cases members can be named and a and I take the opportunity very seriously, as do many motion moved that a member be suspended from the members on this side. house for the remainder of the day. Members who are suspended through that process are not able to attend On the whole the behaviour in this chamber is very divisions while suspended. This demonstrates that it is a good, but once in a while, every now and again, serious offence, certainly for government members — somebody crosses the line. Sometimes, on very rare it probably does not matter if you are on the opposition occasions, it is someone on this side — that is, a side and you are not in the chamber for a division. As government member — who is absolutely passionate the elected representative of the people of Murray about their issues and stands proudly to support their Valley I am very passionate about representing them constituents. Sometimes, like the member for Benalla, and do not want to miss those opportunities. I would be who is very passionate about plugging the pipe and doing them a major disservice by not being permitted to other issues that are of paramount importance in his vote in a division. community, we make mistakes and we cross that line. Sometimes we deliver a set of words that is Members need to realise that there are consequences of unacceptable. On such occasions you will find that the not obeying the rules. It is not a badge of honour to be member is disappointed with their actions and thrown out of this place; it is not an opportunity that disappointed that they overstepped the mark because of you should aspire to. Members need to be respectful of the passion that drives them. the opportunity that is afforded them. The government is not afraid to expect Victorians to conform to its Sometimes it is a member of the opposition. Some standards, to expect an improvement in social individuals want to make a scene just to be noticed. behaviour and to expect people to be sensible in all They want to carry on and give such a performance that other parts of the community, so it is not too much to maybe somewhere some news editor might be having a ask members of Parliament to also show some respect
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2400 ASSEMBLY Wednesday, 29 June 2011 and to behave in an appropriate manner. Passionate attack the opposition. That is the intent of the bill. That debate is encouraged — there is nothing wrong with is what it is really all about. Those opposite know what that — but there is a line that you should not cross. it is all about — it is about attacking the opposition. Lively discussion is very exciting, but there is also a With regard to the member for Bentleigh, when the line, just as there is in workplaces, in sporting groups government wants to send in the big guns, it sends in and with respect to the community expectations we the member for Bentleigh. If you could be named for have of all others. We cannot afford to cross that line in being boring or making a boring contribution to this the community, and nor should we in here. debate, the member for Bentleigh would have been named during her contribution. Moving on to the detail, the bill provides that a member who is suspended will pay a fine equivalent to the basic What a farce this bill is! The member for Bendigo East salary of a member of Parliament for the period of the used the word ‘farce’ in her contribution on a number suspension. In the Legislative Assembly the fine will be of occasions, and that is what this bill is. This is the paid into a fund to be administered by the Speaker, and type of bill you get from a government that has no plan in the Legislative Council into a fund to be for Victoria. This is the type of bill you get from a administered by the President. In both cases the entire government that has no plan or vision for Victoria, a fund for each house must be distributed to charitable government which is led by a weak and lifeless organisations, and that is only fair. Accountability is Premier. This bill completely lacks substance. It will what this government is all about, and we have raised make no real difference to the functioning of this the bar in the community on accountability. We came Parliament, and it is designed to limit legitimate debate to government on the expectation that we will be and scrutiny of government. The purpose of this bill is accountable and make a difference to law and order and simply to introduce a penalty system for members who feeling safe in our communities. The saying, ‘Do as I are named in either the Assembly or the Council. This say and not as I do’ just does not cut it anymore. I am a new penalty will result in named members having a firm believer that standards need to be upheld, and we day’s pay forfeited from their salary. This day’s pay are prepared to show that leadership through our will then go to the Speaker or the President and will be elected members. distributed in its entirety at the Speaker’s or the President’s discretion to either a charitable organisation Like many of the changes implemented by the or other organisations nominated by the Presiding government, if you do the right thing and you do not do Officers. anything wrong in this place, you have absolutely nothing to worry about, so where is the problem? The As far as I can tell from reading through the bill, there approach in this bill is the same: you can feel proud to is really no governance structure to ensure that these be passionate about your community but you should funds are appropriately disbursed, although there are not cross the line. Members should represent the people requirements under clause 3 that the Speaker and the as we expect our children to represent us on their local President need to table a report to the Assembly and the sporting fields, netball courts or at the local tennis club. Council in terms of where that money goes. However, They should not engage in the ugly parent syndrome. it is not clear why organisations other than charitable Members should be responsible and act seriously — organisations would or should ever be considered for and not cross the line. The people of the Murray Valley the receipt of those appropriated funds. I am not electorate elected me to be their voice in state wishing to cast aspersions on the current Speaker or the Parliament, and I am particularly grateful for the President in this regard, but I think some basic opportunity to be their voice. They expect me — they governance arrangements would probably protect the do not ask — to represent them in a manner that is integrity of those officers. responsible, caring and accountable. Most of all they expect me to show some leadership. This bill ensures Let me get back to the substance of this bill. In the that those who cross the line will be brought to account. second-reading speech the Minister for Corrections I commend the bill to the house. states that the bill is a way to make members accountable for inappropriate conduct in Parliament. Mr NOONAN (Williamstown) — I join the debate Let me pose this question to the minister — and to the on the Parliamentary Salaries and Superannuation Premier and his government. If the Baillieu government Amendment Bill 2011. Of course we have just had the truly respected the need to protect the integrity of this member for Murray Valley make a most inspiring Parliament against inappropriate conduct, why did the contribution to the debate. It was very noble, but what Premier not demonstrate some leadership on this issue he did was let the cat out of the bag. Midway through when in opposition? The fact is that the Premier has no credibility on this issue, and he should be judged by his his contribution he said that this bill was intended to
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Wednesday, 29 June 2011 ASSEMBLY 2401 actions and not his words. He has been out there in the In his second-reading speech the minister tried to justify media talking up the need to create serious the bill by drawing upon the practice in the UK House consequences for those named in the Parliament, and of of Commons where since 1998 standing orders have course he has had his 6 o’clock news grab on this issue, provided that a suspended member shall be docked his but we all know that if the Premier when in opposition or her pay for the duration of their suspension. The had had just one ounce of leadership in that great frame member for Tarneit touched on this issue. The minister of his he would have disciplined the members for Bass, did not mention a report by the Public Accounts and South-West Coast, Warrandyte, Hastings and Polwarth Estimates Committee that was tabled in this Parliament during the last Parliament. Instead we had the member in 2008. I was a member of that committee in the last for Bass kicked out on at least 14 occasions. The Parliament. The report is entitled Report on member for South-West Coast was also suspended Strengthening Government and Parliamentary from the Parliament on 14 occasions. Accountability in Victoria — —
Honourable members interjecting. Mr Andrews — I have not read that.
The ACTING SPEAKER (Ms Beattie) — Order! I Mr NOONAN — You have not read that? am having difficulty hearing the member for Williamstown. Mr Andrews — No.
Mr Wynne interjected. Mr NOONAN — It is a very good report. But for those members who are in the chamber tonight who are The ACTING SPEAKER (Ms Beattie) — Order! less than familiar with that body of work, I refer to The member for Richmond! I am having difficulty chapter 4, which is worth having a look at. It examines hearing the member for Williamstown. issues associated with standards of parliamentary behaviour. To save all members the trouble of having to Mr NOONAN — I will repeat those numbers. The go back and reread that particular report, about seven or member for Bass was kicked out of the last Parliament eight pages in that chapter refer to parliamentary 14 times. The member for South-West Coast was behaviour. The chapter covers issues such as recent kicked out on 14 occasions. The member for changes to standing orders regarding the suspension of Warrandyte was kicked out eight times. members; the role in other jurisdictions of parliamentary standards commissioners; the Mr Wynne interjected. independence of Parliament; training members of Parliament in ethics and in relation to conflicts of Mr NOONAN — The member for Bass and the interest; registering members’ interests; and a code of member for South-West Coast were kicked out conduct. In all there were 26 submissions to the inquiry 14 times. Given the member for Richmond’s strong from a range of well-regarded individuals and interest in this matter, I point out that between them the organisations. members for Bass and South-West Coast accounted for almost 30 per cent of the number of suspensions in the In terms of members’ behaviour, I can inform members last Parliament. The member for Warrandyte was in the house that there was not one mention in this kicked out 8 times, the member for Hastings 7 times all-party report of the need to implement some type of and the member for Polwarth 5 times. I will not penalty system to improve the conduct of members. embarrass the member for Ferntree Gully, given that he The report concluded: embarrassed himself in his contribution on the Consumer Acts Amendment Bill 2011 earlier this … the committee considers that the ultimate responsibility evening. for members’ behaviour in Parliament lies with the members themselves — One can only assume that the Premier when he was the opposition leader in the last Parliament could not have not the Speaker and not other members who might have given two hoots about his own members acting a view about this particular bill, but the members who sit in the Parliament. inappropriately — he could not have cared less. In fact poor behaviour was rewarded by the former opposition Former federal senator Barney Cooney made a leader, now the Premier. Why else would you promote submission to the inquiry. He is absolutely a fine man. the member for Warrandyte? The member for He said: Warrandyte could not be promoted on merit alone — surely not; no-one could make that argument. One can There is little doubt that where debate is courteous its quality only conclude that this bill before the Parliament is improves. Debate can be rigorous and effective and at the nothing more than a cheap stunt to attract populist same time gracious. headlines.
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They are wise words from a wise friend. The declining confidence, particularly in the 11 years of Labor’s spin and waste, is about to be rectified by this In terms of the issue of a parliamentary standards bill. It is part of setting the standards, which the commissioner, the committee came to the conclusion coalition has been doing since coming to that such a position could undermine the independence government — setting the standards on the streets when of the Victorian Parliament. I come back to the central it comes to hoon driving and putting more police on the point: nothing in that report, which is barely two years roads, setting the standards on our train stations with old, including chapter 4 regarding parliamentary protective services officers and setting the standards in behaviour, comes anywhere close to a recommendation the home with legislation governing teenage drinking. to fine members for their behaviour or when they are There are so many frames in the bills we have named in the Legislative Assembly or the Legislative introduced into the Parliament since coming to Council. government with which we are setting the standards, and we are continuing to set standards in this chamber. I do not have time to address the other jurisdictions That is what this bill is all about — setting the standards across Australia. Other members may do that. Needless and ensuring that we deliver what is expected of us as to say some members on the other side of the house members of Parliament. may be quite proud we are doing this in Victoria. However, in terms of jurisdictions such as New South This is a workplace and we come here to work. In any Wales, Western Australia and Tasmania, nothing other workplace you would not expect to hear what is comes close to what is being proposed in this piece of said and see some of the behaviour that we see in this legislation. What are we to conclude from this? We can place at certain times. The standing orders are not being conclude simply that this is a political stunt. That is changed by the bill, but we are changing the penalty for why the Labor opposition will oppose this political not behaving. What we are saying is that if you do not stunt. We will not be party to any measures that are behave, you will be penalised. It is very simple: you purely designed to shut down debate and shut down will lose a day’s pay for bad behaviour. If you behave government security. I am proud to stand with my in the manner that one would expect, nothing changes, opposition members to oppose this very poor bill. but if you use parliamentary privilege and things get to a point where there is effectively no other alternative Mr SOUTHWICK (Caulfield) — I rise to support but for you to be thrown out, you will lose a day’s pay. the Parliamentary Salaries and Superannuation As it is very simple, I am sure the action could be Amendment Bill 2011. This bill is about ensuring good undertaken by members of either side of the house. It is behaviour in this house and good standards in this a fair bill; it is not directed at the opposition or the house and that we as members of Parliament act government. It is directed at each and every member of responsibly in this house. Parliament in order to lift the standards of behaviour. We operate in this fine building. This parliamentary What this coalition government is doing is lifting the building was built in 1856, and some 11 prime standards and delivering on our commitments. ministers have sat in this chamber. It is a great chamber I am sure that many people, including many members and house. When visitors come to this place to visit the of the opposition, have had visitors, including building, they are in absolute awe. When they sit in the schoolkids, come into the chamber. I will share with the gallery and watch the way we behave, that is where chamber a story about a 16-year-old schoolkid who, unfortunately in many instances it all goes downhill. while she was doing work experience with me this What we are doing with this bill is very clearly ensuring week, came into the chamber. Her first impressions that we set the standards so that we behave in the were not what she expected of a Parliament. I notice manner that all Victorians would expect of us. I see that in debate on this very important bill, in which we some members of the opposition taking absolutely no would expect some sort of respect, we hear the notice of this. It is very unfortunate to have to say that opposition leader shouting from across the table and not this is about how we behave, about leadership and giving the bill the due respect that one would expect for about what Victorians expect from their politicians. a bill of such importance. Unfortunately over many years, and particularly over The coalition parties are leading in setting the the last 11 years, we have had a spiralling downwards standards. Victoria will be the first jurisdiction to trend in behaviour in this chamber thanks to the former introduce a disincentive for inappropriate conduct in government. Parliament, and as Victorians we should all be proud to be leading the way on this matter. I am sure we will find other parliaments around Australia taking note of
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Wednesday, 29 June 2011 ASSEMBLY 2403 this very important initiative. The Parliamentary giving the money back to the community; we are not Salaries and Superannuation Amendment Bill 2011 taking it. We are actually putting the money back into imposes a fine on members of Parliament who are the community, and that is something I as part of the named and subsequently suspended from the coalition am happy about and proud of. Legislative Assembly or the Legislative Council. While we are the first Australian Parliament to propose such a The member for Bendigo East even thought this was a measure, we are also following in the footsteps of the good idea and wanted to be involved in the way the House of Commons of the Mother of Parliaments at money would be divided up. I am sure that we will Westminster, which is governed by its standing have a process in place so that the money is allocated to order 45A, which provides: the charities that deserve it. Hopefully there will not be a lot to give because the level of behaviour will The salary of a member suspended from the service of the improve with the introduction of this legislation. house shall be withheld for the duration of his suspension. However, people will be people and individuals will Although we are certainly setting the standards in behave accordingly, and if they do, there will be more Australia, we are following a precedent in the British money to divide up. We will do that appropriately. system. The loss of salary has been accepted as part of The presiding officers will oversee the way this money that Parliament for more than a decade. is distributed. This is a great piece of legislation; it is This bill removes a double standard in that it sets the setting standards and following what we are doing out standard of conduct that members should exhibit in on the streets. It follows up on the bills we have passed Parliament. At all times members should display since being in government and seeks to ensure that the behaviour that could be expected of parliamentarians way in which we conduct ourselves in this Parliament is and not students in a rowdy classroom. Anyone visiting appropriate and respectful on both sides of the house. It constituents and schools in my area would find kids will ensure that we behave in a manner that all behaving a lot better than some of us do here in Victorians expect of us. I commend the bill to the Parliament, and this would be the case in a lot of the house. electorates that members in this house represent. Some Mr DONNELLAN (Narre Warren North) — It is students who misbehave receive disciplinary action, an honour to speak on the Parliamentary Salaries and and the same level of disciplinary action should be Superannuation Amendment Bill 2011. If only this bill applied to members of this house. would improve standards. This bill is not a reform and We should take into consideration that since February is not revolutionary. It is a gag and is here to stifle of this year there have been 26 recorded suspensions, debate. Parliament was established to ensure that 15 of which exceeded an hour in duration. There were people could vigorously discuss and debate issues. At repeated suspensions of four members. We have not the end of the day this bill will severely limit a member started off the year all that well. Hopefully the threat of of Parliament’s capacity to represent the issues of their incurring a penalty will at least make people think electorate, to do it fearlessly and to ensure that they are about their behaviour before behaving in a manner that not penalised and do not lose money out of their own would warrant a penalty. family’s pocket.
New section 7B(1) of the bill provides that: This legislation is very much a gag that will see the people and parliamentarians being treated as the If a member is suspended from the service of the Council or Premier’s subjects. The patrician Premier believes all the Assembly after being named under the Standing Orders of his subjects should just accept his word. In his answers the Council or the Assembly, a fine is imposed on the at press conferences in relation to Michael Kapel’s member by virtue of this Act … meeting with Sir Ken Jones, the Premier told us, in a This fine will be calculated as 1/365th of a member’s patrician manner, that we should just accept that this base salary multiplied by the number of days the meeting was held in good faith. Democratically elected member is suspended. This is not an unfair punishment. members have no right to ask questions; their only right It simply says that on a parliamentary sitting day any is to be neutered by this ridiculous bill. It will not member not able to serve in this house due to his or her improve standards. It shows a bad attitude to say, ‘You behaviour will not receive that day’s salary. It is very just need to accept that our answers are honest and that simple: anyone not able to serve or work will not be at the end of the day we are always right’. paid. The question of where this money is to be distributed highlights one of the strengths of the I refer briefly to the great debate, the leaders’ debate, legislation, and I strongly support the fact that we are which occurred prior to the last election. The then
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Leader of the Opposition, Mr Baillieu, now the Mr DONNELLAN — This is genuinely about Premier, indicated that one of the great reforms that this accountability and transparency. It concerns me that do-lots government would undertake would be to one of the other great proposed reforms that is not remove Dorothy Dixers from question time. I included in the bill is the introduction of an FOI remember the Dorothy Dixer about Dorothy Dixers that commissioner. was asked during the debate by journalist Josephine Cafagna, now the Premier’s media adviser. Mr Baillieu I asked a question without notice on 5 April. In her just responded, ‘Question time is a joke; we will reply the minister started off by saying: remove them’. They have not been removed; they are I thank the honourable member for his question, but still here. You have to wonder why this great experience has taught me not to take any question from the reform — — member at face value. In fact, in one of the recent questions he asked me he accused me of failing to act to protect — — An honourable member interjected. The Speaker then intervened, which was quite a Mr DONNELLAN — I don’t know, but this great blessing, to ask the minister to return to the question. reform that was put up and that the Premier accepted The minister continued: was never followed up by the Age, the ABC or others. At the end of the day this great reform has been I do not take questions from the member for Narre Warren North on face value because it has been proven that his forgotten. questions are incorrect before they have even been asked. On that basis all his questions are questionable. I want to talk about one of the other great reforms that was supposedly coming our way — the freedom of What did we find out that evening? We heard a information commissioner. What has happened to that confession from the minister that my question was reform to date? Absolutely nothing has happened. I correct. We found that by ensuring that briefs did not have freedom of information requests before the come up to her, the minister could use the children Minister for Community Services. Guess who is poring overboard defence — that is, she could say, like over those requests? It is not the FOI officer in the Sergeant Schultz, ‘I know nothing’. Instead of department who is assessing them, but the minister’s answering the question honestly, the minister is trying political staffers. These people are making assessments to nobble the Freedom of Information Act 1982 — one of the FOI requests we made of the minister in an of the great reforms of former Premier John Cain. We attempt to get answers to our questions. We now have a do not have the reform of introducing an FOI political office neutering the FOI process. The same commissioner but the nobbling of the process. The minister also instructed the department not to provide minister went on to say that the memo had gone out briefs so that she could circumvent the FOI process to from her chief of staff and she was not reading all ensure that nothing came through. We have a minister category 1 briefs. Neil Mitchell was actually providing who is deliberately and utterly trying to — — the brief — the answer to the children overboard problem that we have seen. Mr Clark — On a point of order, Acting Speaker, I am having difficulty relating the honourable member’s The Parliamentary Salaries and Superannuation remarks to the bill. He is entitled to make some general Amendment Bill 2011 is not reform. In this house today opening remarks, but he is embarking on an entirely I will happily wager $50 that not one Liberal Party different issue to the subject matter of the bill before the member will ever end up paying a fine of a day’s pay house. for being named in the house. I am absolutely certain of that. I am happy to take up the bet — anyone can come Mr DONNELLAN — On the point of order, and see me afterwards — that there will not be one Speaker, this is a wide-ranging debate. It relates to Liberal Party member who will ever have to pay up. reform, parliamentary standards, governance and accountability. I would have thought that is directly in What do we have? We have a government that will not line with what I am commenting on. answer questions honestly in relation to the police commissioner, and we have political advisers being The ACTING SPEAKER (Mr Northe) — Order! sent on leave for no reason at all. We have the deputy I do not uphold the initial point of order at this point in leader’s relationship with people investigating Jeremy time; however, I direct the member for Narre Warren Rapke being questioned, but if we ask these question North to keep his remarks as close to the bill as he can. too vigorously, we will be named and thrown out. It has been a wide-ranging debate thus far. These are all legitimate issues for the opposition to fearlessly seek answers to. We have seen some of the
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Wednesday, 29 June 2011 ASSEMBLY 2405 bullying behaviour of the Liberals today. Do members Mr KATOS (South Barwon) — It gives me great remember how the Deputy Leader of the Opposition pleasure to rise this evening and speak in favour of the was not gracious when answering questions in relation Parliamentary Salaries and Superannuation to his potential conflicts of interest? We saw aggression Amendment Bill 2011. The government is of the firm towards the member for Bendigo East whereby she was belief that members of Parliament, as elected officials in effect called a dill. Supposedly we have no right to and representatives of the community, have a ask questions. We have to take on face value the responsibility to act in an appropriate manner, honesty and integrity of all these people and never ask particularly whilst in the Parliament. The community questions. that elects us to this place has high expectations that we will represent its interests and conduct ourselves in an What else do we have? Think about the independent, appropriate manner whilst in this place. This place is broadbased anticorruption commission (IBAC). What certainly not the World Wrestling Federation, with has happened to IBAC? We obviously forgot to ‘Macho Man’ Randy Savage in that corner and Hulk organise approval for phone taps, but what has Hogan over in this corner and all the shenanigans that happened to this great big reform? What we have is a go on there. Members in this place should be held stunt. This is not reform, it is not revolutionary and it accountable for their inappropriate conduct in the will not improve standards. This is a poor joke and a Parliament. ridiculous thing to bring before the house. We have a government that has just got in, and this is its big bit of In order to maintain the decorum of this house and keep legislation for reform. I would be ashamed to be a the standards of behaviour high, the government member of a government that brought this before the believes that a financial penalty should be imposed house. I would think I was back at kindergarten if my when a member is suspended from either house under government brought in this type of stuff. We may as the standing orders of each house. I have heard all sorts well have a naughty corner. I do not know why we do of nonsense coming from the other side of the house. not have a naughty corner, because there are lots of The standing orders have not changed. There is simply lovely corners of the house that we could use to put a penalty being imposed for breaching those standing members in. We could even provide a little strap to orders. This bill imposes a fine on members of whack them with on their way to the naughty corner, Parliament who are named and suspended from the because that is about the seriousness of this reform. Legislative Assembly or the Legislative Council. This is similar to the system that has been in place since Last of all, we have comments from the great Scrutiny 1998 in the United Kingdom’s House of Commons. of Acts and Regulations Committee. That committee, Under the standing orders of that parliament, a member including Edward O’Donohue, a member for Eastern who has been suspended from the house shall not be Victoria Region in the upper house, the member for paid their salary for the duration of their suspension. Mount Waverley, the member for Burwood, and David Only 12 members of the House of Commons have been O’Brien, a Nationals member for Western Victoria suspended since the loss of salary was introduced in Region in the upper house, made the following 1998, so clearly this measure has acted as a deterrent to observation in relation to this bill in Alert Digest No. 3 unruly behaviour in that Parliament. of 2011: The introduction of this scheme will be a first in any While the committee accepts that a house of the Parliament of jurisdiction in Australia. It will increase the Victoria is ‘a competent, independent and impartial … tribunal’ for the purposes of charter s. 24(1), it notes that there accountability of members of Parliament in their is no provision for a hearing in relation to the naming or respective houses and increase the capability of each suspension of a member. house to deal with serious cases of inappropriate behaviour. Members of both houses are afforded There is no ability to question the assessment made, parliamentary privilege and given ample opportunity to which to me suggests that this is definitely not about speak and express their views. If members act reform. Even the committee broadly referred to that appropriately and conduct themselves in an orderly point. This is about neutering the capacity of the manner, they have nothing to be concerned about. opposition to ask questions vigorously, aggressively and in a manner in which we have been elected to ask Honourable members interjecting. them. This is a very poor stunt. As I said before, there will not be one government member who will ever have The ACTING SPEAKER (Mr Northe) — Order! to pay a day’s pay, and I am very happy to offer a $50 Opposition members are interjecting out of their place bet to whomever on whether a government member and are therefore out of order. will ever lose a day’s pay.
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Mr KATOS — Clearly members opposite are The bill also establishes two fines funds. Clause 3 concerned by this legislation, as they have been acting establishes the Assembly Suspension Fines Fund, in a disorderly fashion and disrupting the business of which is administered by the Speaker, and the Council this house for months. Obviously those opposite are Suspension Fines Fund, which is administered by the now concerned that their hip pocket might be affected President. Any fine imposed will be paid into the by their disorderly conduct. In the Legislative relevant fund. At the end of each financial year the Assembly, standing order 125 provides that a member balance of each fines fund will be distributed to one or may be named by the Speaker or Deputy Speaker when more charitable organisations nominated by the they behave in a particular way. Such conduct would Speaker, in the case of the Legislative Assembly fund, include obstructing the business of the house, using and the President, in the case of the Legislative Council offensive words, refusing to withdraw or apologise and fund. The definition of a charitable institution in this disorderly conduct. case includes any charitable, religious, scientific or educational institution or a hospital or any institution At present if a member of the house is named and whose sole or principal purpose is to assist in the saving subsequently suspended, they are not subject to any of life or the prevention of damage to property. The financial penalty. The procedure enacted by this bill is charity must also be an institution that operates for the that if a member is suspended from the service of either purpose of profit for its individual members and which house, they will be fined — the Parliament will not does not make any distributions — whether of money, withhold sums of money from their pay. It is not the property or otherwise — to its members. intention of this bill to affect the calculation of salary entitlements of suspended members, such as their Ms Duncan interjected. superannuation. The ACTING SPEAKER (Mr Northe) — Order! Ms Duncan — Who wrote this for you? I have given the member for Macedon plenty of latitude. I ask her to refrain from interjecting while she Mr KATOS — Actually, I do my own writing, is out of her place. If she wants to interject, she should thank you. go back to her designated place.
If a member is named and suspended from the Mr KATOS — Perhaps the member for Macedon Legislative Assembly or the Legislative Council under should read the legislation. That is where this has come the relevant standing orders, that member is to be fined from — the actual legislation. I invite her to do so. an amount equivalent to their daily rate of basic salary for each day they are suspended. The basic salary for a The bill reinforces community expectations that high state member is defined as the annual allowance paid to standards of behaviour will be set in both houses of members of the commonwealth House of Parliament and that members will behave accordingly. Representatives, less $5733. When a member is named As I said earlier, the bill makes no changes to the and suspended from the service of the house for the standing orders. The rules have not changed in relation remainder of the day’s sitting, they will be fined one to the naming of members and the period for which day’s basic salary. If a suspension from the house is for they are suspended, as determined by the Speaker or the multiple days, the member will be fined an amount President. The rules have not changed, so nothing is equivalent to the number of days of their suspension. different. The only difference is that a fine will be imposed on a member for the duration of their There are a number of reasons for fining a member who suspension. With that, I commend the bill to the house. is suspended from the house rather than having a sum of money withheld from their salary. The imposition of Ms GARRETT (Brunswick) — I rise to make my a fine emphasises the point that this measure is to be contribution to the debate on the Parliamentary Salaries seen as a punishment to deter disorderly behaviour. A and Superannuation Amendment Bill 2011. There has suspended member will be expected to continue their been a lot of talk — a lot of hot air, if I may say so — work during the period of their suspension. For from those opposite about the merits of this bill. They example, they would still be expected to work in their claim that the provisions of the bill represent what a electorate office, so their salary should still be paid for responsible government would do. How misguided, full the work they are doing. However, a fine would be of spin and off the mark members of this government imposed according to the number of days for which the are. A responsible government governs, and this member has been suspended. government should govern, for all Victorians on the basis of a substantial policy agenda and vision for the state. A responsible government is not, unlike those
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Wednesday, 29 June 2011 ASSEMBLY 2407 opposite, consumed by cheap political stunts, and it one dollar it was telling the truth, for it was clearly certainly does not start misusing its power as soon as it determined to increase the state’s debt by $23 billion. gets it to squash democracy. When the government said prior to the election that it would deliver 940 protective services officers on train Mr Watt interjected. stations across Victoria, who knew this actually meant having its own backbenchers moonlight as special Ms GARRETT — I am glad the member for railway station enforcers, as renegades, saying, ‘I’m an Burwood is listening to my speech. MP; you must show me your ID’, while it jerked all I am sure many Victorians, if they were stirred from the over the place trying to unravel the bowl of spaghetti slumber-inducing tempo of this government, may be that this ill-thought-out policy has created? sorely tempted to stamp their feet, crack a tantrum and More than anything we now know that when the perhaps use some unparliamentary language. As this government promised to be open and transparent, it initial parliamentary session draws to a close and we actually meant quite the opposite. Touching on just one push ever closer to the first anniversary of the example, it actually meant that it was going to have its Baillieu-Ryan team — I use the word ‘team’ loosely, political staff — I repeat, its political staff — making because you would be hard pressed to find a more determinations on FOI applications. It is no wonder fractured and jittery group of individuals on a leaky Officeworks is reporting a sudden shortage of stock in boat — we are forced to ask: is this the best this its thick black — — government can serve up for debate, or not, as the case may be, in this house? Clearly it is. Mr Clark — On a point of order, Acting Speaker, you have allowed considerable latitude to the member It is worse than that, because this little gem of a in digressing from the bill. The normal practice of the democracy stifler was just about the first bill that the house is to allow a fair degree of latitude to lead government mooted it would introduce way back at the speakers but to expect the other speakers to relate their start of its term. It did so without the Speaker even remarks to the bill. The member for South Barwon being informed of the idea and without even a whiff of certainly did that in his contribution. The honourable legislation prepared. There was fanfare, trumpeting, the member for Brunswick is straying far and wide on a obligatory leaks and excitement in the conservative wide range of topics other than the bill, and I ask her to ranks at coming up with such a cute little stunt. It was address her remarks to the quite narrow and specific an enticing smokescreen behind which they could hide provisions of the bill before the house. their abject lack of a policy agenda. I am sure there were backslapping, laughs and comments such as Ms GARRETT — On the point of order, Acting ‘Imagine where we can plonk the fines of our political Speaker, I think I am being entirely relevant to the bill opponents’ among giggles in the corridors of power. before the house, because this bill is yet another Unfortunately this whole mess is not the slightest bit example of the fact that the only time — — funny. It is sad. It is sad for the standards of this house, sad for open and democratic debate and sad for the The ACTING SPEAKER (Mr Northe) — Order! people of Victoria. I will rule on the point of order. I do not uphold the Attorney-General’s point of order at this point in time. The fact that this government is focused on cheap stunts We have had some wide-ranging debate on the bill, rather than on the health, education and wellbeing of although I must make the comment that I was almost our community is distressing enough, but the fact that it going to interject to bring the member back to the bill has taken this government so long to bring this little before us. stunt to a stuttering legislative start fundamentally calls into question its competence and capacity to deliver on Ms GARRETT — The bill has been central to my any of the major and mounting issues facing the state. It entire contribution, because this is another example of is not as if we needed any more reminding of its lack of the fact that the only time this government seems to get capabilities, after its embarrassing performance during a bit of wind in its sails and a bit of colour in its the debate on its own matter of public importance this otherwise pallid cheeks is when its members are morning. It was embarrassing. Its attempts to backslap stuffing around with democratic rights and freedoms. itself were as clumsy and as hollow as its failure to Who can forget, by way of just one example, the time deliver on any of its election commitments. that a senior minister failed to answer the call of the pesky but oh-so-loud bell to attend the chamber and We all know that when the government said prior to the cast her vote at a crucial moment? Or the time another election that it would not increase the state’s debt by senior minister fell asleep on the job — fell asleep on
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2408 ASSEMBLY Wednesday, 29 June 2011 the job! But everyone on that side of the house was Tasmania there did exist in 2002 the capacity for the wide awake and positively fizzing when the standing presiding officer to impose a small fine of $40, but our orders were disgracefully suspended and the legislation friends in the south clearly cottoned on to the inherent that eroded the protections of the equal opportunity problems of this sort of a scheme and abolished it. Yet legislation was rammed through. Cheers erupted from here we are in Baillieu-Ryan Victoria in 2011 that side of the house when notice was received that the introducing the power to impose a fine — and it is a equal opportunity bill had been passed by the significant fine, I might add, of nearly $400 — and Legislative Council, and they looked positively alive. giving the Speaker the sole discretion to decide what to do. Mr Watt — On a point of order, Acting Speaker, clearly the member for Brunswick has strayed very far As a part of their core responsibilities, members of from the bill, and I would ask that you bring her back to Parliament should be able to vigorously stand up on the bill. behalf of their constituents. This representation often includes robust criticism and analysis of the decisions The ACTING SPEAKER (Mr Northe) — Order! of the government of the day, and that is how it should I do not uphold the point of order. be. To introduce a system that allows a Speaker, who is a member of the government of the day and not a Ms GARRETT — I am back — and once again, tenured judicial officer, to preside over the suspension this is a case in point. Members opposite are only and fining of an MP fundamentally undermines the animated when there is something before the house core responsibilities and rights and role of MPs. We about quashing the rights and freedoms of people — oppose this bill, and we call on the government to they are alive, they are chirpy! My goodness, they are remove its ever-thickening cloak of secrecy and get on conscious! There is nothing like it. Certainly based on with governing for all Victorians. today’s reactions of members opposite, senior ministers trying to pad out an hour talking about non-existent The ACTING SPEAKER (Mr Northe) — Order! achievements of a dithering government does not do it The member’s time has expired. for the team. Here we are again with this bill, which is designed to quash legitimate debate. It is a bill that Mr BATTIN (Gembrook) — I rise to support the gives wide-ranging and unchecked powers to the Parliamentary Salaries and Superannuation Speaker. Maybe the streamers will pop when this one Amendment Bill 2011, because we on this side of the passes, because far from adding to the standards or house believe that, as elected officials with public conduct of this house, this bill will undermine — and at responsibilities, members of Parliament should be held its heart it is designed to do so — the capacity of MPs accountable for their inappropriate conduct in to effectively speak their minds on behalf of their Parliament. constituents. I want to start off by saying that I am 100 per cent The bill gives the important office of Speaker the role supportive of democracy in Victoria. It is something of judge, jury and executioner. It allows the Speaker to that we work in, and not once has it been mentioned in say ‘I name you, I kick you out and now I fine you a this bill that we want to change the standing orders to whack of cash, which will be sent wherever I choose’. try to smother or stop debate. If those opposite are How do you use your power when you have it? Do you reading that into it, then I will give them an explanation respect the solemnity of that power? Or do you rub of the bill, which maybe they should have read first. your hands in glee and seek to exploit it unfairly? This The bill states that: is the latter — this bill is the latter — and it is a one-way ticket on the arrogance express. It is of The purpose of the Bill is to amend the Parliamentary Salaries and Superannuation Act 1968 to provide for a fine to be particular concern that this bill gives the Speaker or imposed on a member who is suspended after being named. President the sole discretion to determine where the fines imposed will be directed. This could include a They will be named in exactly the same circumstances party political organisation or a charity not registered in as those provided for in the standing orders. We are not this state. This is not good enough. changing the standing orders at all. It also states that the bill: When we look around at what happens in other jurisdictions in our neighbourhood or in our country, inserts section 7B to 7D into the Parliamentary Salaries and we see that no other jurisdiction has chosen to go down Superannuation Act 1968. These sections provide that … this path, or where a jurisdiction has been down that path previously it has since abolished such a scheme. In
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… If a member is suspended from the service of the (4) persistently and wilfully refusing to conform to any Legislative Council or the Legislative Assembly after being standing order, rule or practice of the house; or named under the Standing Orders — (5) persistently and wilfully disregarding the authority that is, the current standing orders — of the Chair; or
of the Legislative Council or the Legislative Assembly, a fine (6) refusing to immediately follow an order to is imposed on the member. withdraw under SO 124. The amount of the fine is to be determined by multiplying the I reiterate: if you breach any of those standing orders, daily rate of the basic salary of the member by the number of you should not be paid for the day. If you get named by days in the sitting period during which the member is suspended from the service of the Legislative Council or the breaching any of those, I do not understand why you Legislative Assembly. would want to be here. You are here to represent people in your electorate. We want robust debate, we want The Clerk of the Council or the Clerk of the Assembly must debate that gets out there and we want to stand up for notify the member in writing of the amount of the fine. Although the fine is deducted from a member’s salary, it is what we believe in and what our electorate believes in. explicitly provided that the fine does not constitute a I believe we have that opportunity under the current reduction in salary. standing orders.
Sections 7C and 7D: Separate Fines Funds are to be As I said, it is an absolute privilege to represent my established for the Legislative Assembly … and Legislative Council … into which fines of members are to be paid. The community, and I know that people in my electorate Speaker of the Legislative Assembly and the President of the would expect me to be in Parliament as often as I can. Legislative Council administer the Fines Fund for their They do not expect me to stand here and disrespect the House. Chair, and they do not expect me to stand here and yell The Speaker must distribute the amount standing to the credit out, swear and use offensive or abusive language whilst of the Assembly Suspension Fines Fund as at 30 June each in Parliament. year to one or more charitable institutions nominated by the Speaker in each year, and table a report specifying the amount An honourable member interjected. distributed and the name of the charitable institution or charitable institutions to which the amount was distributed. Mr BATTIN — That is exactly right, and they The President must do the same in respect of the Council should not. They expect us, as community leaders, to Suspension Fines Fund. stand up respectfully, contribute to wide-ranging debate I reiterate — and I have read the whole lot — that not on many different issues and ensure that we deliver for once does it say that we are changing the standing our communities. Should we breach that expectation, I orders or trying to stifle debate, as those opposite would honestly believe we should be fined — and that try to make people believe. Not once does the bill includes members of the government, not just members mention that we will be stopping debate on these things of the opposition. It includes any member of the house. at any time. All the bill does is put in place an Should you step over that line and breach the trust that appropriate penalty for members misbehaving in was put in you by the people who voted you in, you Parliament, making them responsible for their actions. should be fined, and that fine should reflect the time you could not represent your community. I believe I should be held responsible for my actions. I was elected to represent my electorate in Gembrook, It is just like in sports. In local sports every week we and I am proud to stand here and do that. Should I see a player or occasionally a parent step over the line. misbehave in Parliament — that is, if I use offensive Those kids and parents are suspended from the sport language or anything else — I can be named under the they love if they misbehave or breach a rule. In the standing orders, which state: AFL if a player breaches any of the rules, not only are they suspended but they do not get the match payments 125 Naming a member for the matches they miss out on. I believe that any A member may be named by the Speaker or the Deputy member of Parliament should have exactly the same Speaker for: rules apply to them. Those opposite tell us that nowhere in other jurisdictions in the country has this ever been (1) persistently and wilfully obstructing the business of done and that because no-one in the country does it, the house; or then we should not do it. (2) being guilty of disorderly conduct; or I turn around and say that maybe Victoria should return (3) using offensive words, and refusing to withdraw or to where it was between 1992 and 1999, when we were apologise; or the leading state. Back then we were the state that took
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2410 ASSEMBLY Wednesday, 29 June 2011 the lead and brought in policies not because other states regime that is interested in fiddling with symptoms did or did not do so but because we believed it was the because it is inadequate at confronting causes. This bill right thing to do on behalf of Victorians. Since 1998 the is symbolic of this government’s modus operandi. It is standing orders of the United Kingdom House of not interested in constructive and substantive measures. Commons have provided that a member suspended The Baillieu government’s signature interest is from the house should not be paid a salary for the superficially populist responses to problems that duration of their suspension. This is the Parliament that deserve an enlightened approach. we base a lot of our rules and standing orders on, and obviously this standing order is one that began in the What makes this initiative galling is that it comes from Westminster system. I want to put my support behind a government that has shredded 160 years of precedent this, because as a member of and a leader in my in this house simply to cover up a political community I want to ensure that I stand up for my embarrassment — a government that rammed through community and deliver on what I committed to. What I amendments that overturned three decades of am going to deliver on is standing up and representing bipartisanship on equal opportunities and made them my community. exclusive, not inclusive. It is a response from a seven-month-old government that is already arrogant, I have heard many members opposite talk about that refuses to answer questions and that suspends members on this side reading their speeches or having standing orders and then gags debate. Now it turns up speeches written for them. I will tell you now that I with another stunt and wants to blame the opposition write all my speeches. for becoming frustrated with its contemptuous strategy. This is the response of a government contemptuous of Mr Nardella interjected. Parliament and the community — a government whose communications strategy is to deflect, deny, suppress, Mr BATTIN — Here comes a comment! Of course run away and then rewrite. you could not write yours, so who else would write them? It would be some bureaucrat that writes them. The opposition will oppose this bill. Labor believes Who else would want to admit to writing my speeches! parliamentarians should conduct themselves in a Thank you very much for that, Mr Nardella. manner that befits this place, their constituents and themselves. The reason Labor opposes this bill is that it I had an issue with my education. I went through the will not fix the problems. It does not build the future. It state education system at a very difficult time — during has no preventive strategy; it is just another punitive the Cain and Kirner governments when education was tactic. This government offers no vision, no jobs and no an absolute farce. It made it a bit more difficult. At that plan to lead Victoria, but we have more guns, more time I had to leave school early and go out and work prisons and now fines for parliamentarians. hard to make sure we could get through the recession. That is why I am here. I am here to represent my This regime is the refuge of narrowers and punishers. It community, and I will ensure that I will be in is the triumph of the superficial over substance. The Parliament each and every day that I get the Minister for Corrections has not addressed the causes of opportunity. I support the bill and commend it to the disorderly behaviour: the processes and practices in this house. place that allow a government to avoid scrutiny and accountability. That is the heart of the problem. Tactics Mr McGUIRE (Broadmeadows) — This bill is a designed to obstruct and impede this house from classic example of how democracy is broken. It operating as a healthy and democratic parliamentary demonstrates how the executive wields power over the system are being used. The coalition had a choice Parliament. Put simply, it is a stunt born of spin by the between a regressive, punitive approach and Premier’s office. It is another diversion from the introducing reforms in the public interest to improve policy-free Baillieu regime. All this regime had was an transparency and accountability in the manner that a election campaign strategy, and there are still no vision, 21st century democracy demands. no jobs and no plan to lead Victoria. Instead, the Parliamentary Salaries and Superannuation A constructive approach was the least the coalition was Amendment Bill 2011 is the latest in a spate of required to deliver after the debacle for democracy superficial responses to serious issues. known as the Equal Opportunity Amendment Bill 2011. Undermining history and precedent, the The point of this bill is to fine a parliamentarian who is government suspended standing orders, gagged debate named or suspended by the Speaker or President. It is and rammed its retrograde amendments through this typical of the approach of the coalition government, a house. These were not the actions of an open and
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Wednesday, 29 June 2011 ASSEMBLY 2411 accountable government, something the coalition had Instituting fines is not holding parliamentarians to a promised Victorian voters. They were the actions of a higher standard; it is holding them to a lower one. It regressive regime intent on suspending custom, practice demeans the role of this house and its members. It is a and precedent to override a political embarrassment. further way of entrenching a system whereby a That is all it was ever about. government can avoid proper scrutiny and review. Members rarely express frustration because they are The coalition’s conduct established a pattern of uncouth. Their frustration boils over because the behaviour that restricts rights, and this continues in the government hides behind sessional orders, suspends bill before the house. This bill seeks only to establish a standing orders, gags debates and steadfastly refuses to punitive threat to elected members of Parliament. It answer questions of state significance. The government expressly seeks to further restrict the ability of members knows this, the opposition knows this, the media knows to voice disagreement and concern over the this and large sections of the public know this. government’s lack of transparency and accountability. Nevertheless, the Victorian coalition has taken a What makes the coalition’s behaviour worse is that on regressive approach because this is a regime that is the first day of this parliamentary session the leader of punitive, not preventive; interested in stunts, not opposition business suggested a series of amendments substance; and one that addresses symptoms, not to standing orders — in good faith — to ensure that this causes. The opposition in good faith has offered house functions in a manner befitting Victorians. She amendments that would achieve the intended results suggested that question time be reformed to remove without the devaluing and demeaning measures the Dorothy Dixers and adopt practices such as those in the government has proposed. Apart from these Legislative Council. She also suggested changes to the amendments, a former Liberal Prime Minister and a sessional orders and the parliamentary committee former Liberal leader of the federal opposition have system. The dirty little secret here is that all members both proposed measures to refine the institutions of our know that the processes and practices of this house democracy. should be amended and improved. The point of difference is that the coalition is not interested in The Minister for Corrections stated in the adopting measures that would improve scrutiny and second-reading speech in this place on 24 March this accountability or in fact any measure that would uphold year: its election promises to be a transparent and honest government. … no other jurisdiction in Australia adopts this practice. Therefore, Victoria will lead the way … The call for such reforms is not Labor’s alone. It has The flaw in the minister’s logic is that he assumes this bipartisan support. Former Liberal Prime Minister is an effective and just approach. No other jurisdiction Malcolm Fraser and the previous leader of the federal in Australia adopts this practice, not because they have coalition, Malcolm Turnbull, have outlined not thought of it but because it is a bad approach. The amendments to parliamentary standing orders that I Victorian coalition has an opportunity to take a positive support. At a recent debate event hosted by the Wheeler step to elevate the standard of debate in this house, now Centre entitled ‘Is Australian democracy broken?’ both and in the future. I fear this government is incapable of the former Prime Minister and former federal coalition taking and unwilling to take a positive, creative stand to leader lamented how quickly debate in our address a problem. To do so would turn the tide on a parliamentary institutions can descend into farce. government that is building a painstaking record for Mr Turnbull suggested changes to question time that populism and expediency — no vision, no jobs, no would allow for a more forensic approach to plan. This legislation is another example of the failure questioning, allowing follow-up questions — a practice of the coalition — no competence, no conviction, no common to upper houses of Parliament — and time inspiration. allocated to specific portfolios. This bill is another sham. Every time this house votes, If the Baillieu-Ryan coalition government had any the Liberal Party Whip boasts the number of interest in seriously addressing issues and refining ‘individual’ yeses. However, Australians have just democracy in Victoria, as a pioneer in progressive witnessed how much of a sham that is after seeing the democratic ideals it would adopt proposals such as show-and-tell of the federal coalition leader, Tony those proposed by the leader of opposition business in Abbott, over his vote for the Liberal Party presidency. It this place, by former Prime Minister Malcolm Fraser is time for coalition members to end the shams and and by former federal opposition leader Malcolm stand up for themselves, for their electors and for the Turnbull. These are proposals I endorse because they finest traditions of democracy. Here is the coalition’s are in the public interest.
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2412 ASSEMBLY Wednesday, 29 June 2011 rolled gold chance to vote as individuals. I invite writing of the amount determined to be deducted, and coalition MPs to stand up and be counted as that is an appropriate course of action and a very fair parliamentarians and vote down this sham. Otherwise, thing. It talks about the fine imposed under this they will from now on define themselves as narrowers provision being deducted from the salary of the and punishers, wedded to stunts and gesture politics. member, but not constituting a reduction in the salary of Shape without form, shade without colour, gesture the member or affecting other salaries and so on in without motion — these are the defining features of the relation to that particular member. In relation to that Hollow Men. aspect of the bill, there is a clear component: the imposition of the fine. Mr ANGUS (Forest Hill) — It is a pleasure to rise this evening to speak in support of the Parliamentary The second component of the bill inserts other new Salaries and Superannuation Amendment Bill 2011. sections to make the legislation effective. New Having heard a number of contributions to the debate, section 7C, headed ‘Assembly Suspension Fines Fund’, especially from members opposite, you would think is again very straightforward. It states: there had been some sort of extraordinary proposal, but in reality this is a very simple bill. To start off with we (1) There is established an Assembly Suspension Fines Fund. can ask, ‘What is the purpose of this bill?’. In the explanatory memorandum at clause 1 the very simple The fines are to be paid across into that fines fund, and, purpose of the bill is outlined for all to see. It reads: as other members have eloquently spoken about, it is administered by the Speaker. At 30 June each year The purpose of the bill is to amend the Parliamentary Salaries and Superannuation Act 1968 to provide for a fine to be those funds will be passed on to one or more charitable imposed on a member who is suspended after being named. institutions as nominated by the Speaker. Again holding everybody accountable is very simple. As soon as the This is what you would call a very straightforward bill, Speaker has made that distribution under new particularly by comparison with some of the measures section 7C(4), he has to table a report in this place to considered in this place; yet we have heard give an account of where those funds have gone. We contributions from those opposite speaking as if there will all be able to see which charities have benefited were a dramatic change in relation to a whole range of from the inappropriate behaviour of members in this things when clearly that is not the case at all. It is a very place. simple encouragement for all of us who have the honour of representing our various constituents and It is important to consider this bill in those simple electorates to behave in an appropriate manner within terms. Members on this side have talked about other this place. jurisdictions and the fact that the process to be introduced is not included in legislation in any other Turning to some of the more detailed components of jurisdiction, but as the member for Gembrook so this bill, in particular in relation to the insertion of new eloquently put it a few minutes ago, we are used to sections, I point out that new section 7B details the being leaders here in Victoria rather than followers. imposition of the fine. It talks about a range of matters, This is an opportunity for us on this side to once again including: be leaders in Australia through the legislative program. (1) If a member is suspended from the service … a fine is We are proud to be leaders with this bill, leaders in a imposed on the member by virtue of this Act calculated number of other areas of the legislative program and in accordance with subsection (2). indeed leaders in the responsible behaviour and management of this Parliament. If we look abroad, we (2) The amount of the fine is to be calculated by multiplying see that in the UK under the standing orders of the the daily rate of the basic salary of the member by the number of days in the sitting period during which the House of Commons a similar fining provision has been member is suspended from the service of the — in operation since 1998 in relation to members who have been suspended. house. So far it is very straightforward. New section 7B(3) talks about the calculation of the daily This bill is clearly another example of terrific rate by dividing the basic salary by 365. So far, so leadership by the Baillieu government, which is good — we are talking about some pretty simple committed to integrity and good behaviour in the components in this bill. The proposed new section community and in the Parliament. refers to rounding up to the nearest whole day for the sitting period. It talks about some administrative Business interrupted pursuant to sessional orders. matters, with the Clerk having to notify the member in
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ADJOURNMENT yet to receive a response, and I ask that you draw that to the minister’s attention. The SPEAKER — Order! The question is: The SPEAKER — Order! I will write to the That the house now adjourns. minister in regard to that matter as well. Mr Brooks — On a point of order, Speaker, I want Portarlington: safe harbour to draw your attention to sessional orders, which require that ministers respond to matters raised on the Ms NEVILLE (Bellarine) — The matter I raise is adjournment within 30 days of a matter being raised. for the Minister for Environment and Climate Change, On 26 May, I raised the very serious matter of safety and the action I seek is for the minister to commit to along the bike path on Greensborough Highway in my progressing the development of the Portarlington safe electorate. I have yet to receive a response from the harbour project and to ensure that this project continues Minister for Roads in relation to that matter, and I ask to move forward. The project is managed and overseen you to write to him to ask that he address that important by Parks Victoria, and the work on the redevelopment matter. has been led by it.
The SPEAKER — Order! I will write to the An honourable member interjected. minister in regard to that matter. Ms NEVILLE — Do not worry; the Minister for Mr Languiller — On a point of order, Speaker, I Public Transport will have that discussion and mention draw your attention to sessional orders adopted by this you. The redevelopment and expansion of the chamber requiring ministers to provide a response to Portarlington safe harbour is a priority project for the adjournment matters within 30 days. On 5 May I raised City of Greater Geelong and G21, and it is an important an important matter in this place for the Minister for project for the Portarlington community and also for the Police and Emergency Services requesting that the aquaculture industry. Victoria Police multicultural advisory unit be implemented with community consultation. As I have Over a period of time the local community worked with not yet received a response from the minister, I ask that the previous government and the aquaculture industry you write to him and seek an explanation for this delay to develop a plan for the redevelopment. As a result a and a response to my adjournment matter. well-supported plan was approved by the local community and was launched two years ago by the then The SPEAKER — Order! I will write to the Minister for Environment and Climate Change. This minister in regard to that matter. redevelopment included improving the main street of Portarlington and its link to the harbour area as well as Ms Edwards — On a point of order, Speaker, I extensive expansion and improvement of the current draw your attention to sessional orders adopted by this pier and harbour area. This will cater for recreational chamber requiring ministers to provide a response to boaters, the fishing and mussel industry and a adjournment matters within 30 days. On 25 May I commuter-based ferry, and it will potentially create raised an important matter in this place for the Minister new jobs for the local residents. for Education calling on him to commit immediately to fully funding a new Castlemaine secondary college. As After the plan was signed off and approved by the local I have not yet received a response from the minister, I community, the then Brumby government provided ask that you write to him and seek an explanation for funding for the streetscape and the rotunda area to bring this delay and a response to my adjournment matter. the town closer to the harbour and foreshore area, and it upgraded the pier area. All that work has now been The SPEAKER — Order! I will write to the completed. In addition Parks Victoria was coordinating minister in regard to that matter. further studies, including of environmental and cultural Ms Garrett — On a point of order, Speaker, I draw heritage works that were required before any proposal your attention to sessional orders requiring ministers to of this nature could move forward. Despite the loud provide responses within 30 days of adjournment noises made by the then opposition, including the matters being raised. On 26 May I raised an important current Minister for Transport and the local Liberal matter on the adjournment for the attention of the candidate, that this was an important project, since the Minister for Consumer Affairs regarding a residential election there has been no action and no progress — development at 108 Union Street, Brunswick. I have there has been zero. It has dropped off the agenda completely. In fact I recall that the Liberal candidate
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2414 ASSEMBLY Wednesday, 29 June 2011 organised a public meeting with the now Minister for Bentleigh Secondary College has also demonstrated a Public Transport, who said, ‘I will try to get this in the focus for spreading the message of sustainability to Liberal Party policy’. But of course there was no such other schools and organisations throughout Victoria. thing as a Liberal Party policy, only media releases. So Mr Thomas’s green team of students deliver their again there was nothing, nothing, nothing for the message at conferences and host tours and workshops. community of Portarlington. These driven young people also organise plantings and working bees. Bentleigh youth are passionate about the Lots of promises were made before the election, but environment and conserving our vital resources. there has been silence since — except when the former Education practices such as these enhance the ability of Liberal candidate was reported in the Echo newspaper, Victorians, and more specifically Bentleigh residents, to as he was on 17 February, saying, ‘I’m going to be on improve their sustainability practices. The coalition the ferry group committee’, because of course the ferry government supports the education of young people in is part of this proposal. He sits on the ferry committee, important sustainability and conservation practices. but there have been no meetings with the Minister for This ensures long-term environmental stability for all Public Transport, no meetings with the Minister for Victorians. I would like to congratulate Bentleigh Environment and Climate Change and no meetings Secondary College on its significant and inspiring with the Minister for Ports. There has been no progress achievement. Mr Thomas was awarded a Public at all on this important project. I call on the minister to Service Medal in the Queen’s Birthday honours list for come out and inform the community about what is his exceptional contribution as a leader in sustainability happening. education.
Bentleigh Secondary College: ministerial visit I request that the minister accompany me to acknowledge the efforts of Bentleigh Secondary Ms MILLER (Bentleigh) — I raise a matter for the College and commend its hard work in the areas of attention of the Minister for Environment and Climate environment and sustainability. In addition I commend Change. The action I seek is for the minister to visit the Bill Thomas, who has been teaching at the college for Bentleigh electorate and accompany me to meet with 26 years. members of Bentleigh Secondary College. The college was recently awarded a United Nations Association of Crime: Broadmeadows electorate Australia Excellence in Sustainable Water Management Award. This proactive school in the Bentleigh Mr McGUIRE (Broadmeadows) — The matter I electorate triumphed over other entrants in the raise is for the Deputy Premier in his capacity as the competition, such as Coca-Cola’s $1.2 million Great Minister for Police and Emergency Services. The action Barrier Reef project. This award is particularly I seek is for the minister to provide a mechanism by important given that five years ago the school was one which I, as the member for Broadmeadows, can be of South East Water’s highest spending clients, using briefed on the actions being taken by Victoria Police 14 million litres of potable water a year. officers to ensure the safety and security of the people of my electorate in the wake of the recent drive-by Under the guidance of Bill Thomas, the school’s shootings. As a local member of Parliament I am manager of sustainable practice, Bentleigh Secondary gravely concerned for the safety of residents and the College fixed its leaking pipes and installed water causes and effects that have led to this escalating tanks, waterless urinals and water meters. Most violence. After the fifth shooting episode in nine days, I significantly, the school developed a wetlands and a would like the people of Broadmeadows to be 2000-square metre native Australian forest. Bentleigh reassured that Victoria Police officers are taking every residents will soon be able to stand in this forest and be possible measure to bring about a peaceful resolution as unaware that they are in the middle of suburbia. In soon as possible. addition, the wetlands and forest will soon serve as an outdoor classroom for the college. A meditation centre According to media reports, this cycle of violence has will also be built between the two habitats. The college so far been contained to two rival families. In itself this was able to reduce its water usage by 93 per cent, behaviour is unacceptable and puts the public at risk. which was a significant decrease of 972 000 litres The fear is that innocent bystanders and members of the between 2009 to 2010. This remarkable and community could become victims in this increasing commendable effort saved the school $30 000 in water cycle of violence. It is understood that these incidents and sewerage charges. are the manifestation of a wider range of dangerous behaviour, drugs, kidnapping and extortion. This has now escalated to shootings on the street, and it cannot
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Wednesday, 29 June 2011 ASSEMBLY 2415 be tolerated. These are concerns constituents have replenished after the almond pollination. Avocadoes raised with me. also need pollination services.
It is imperative that this violence is stopped and that Apiarists need to understand the bush very well. They people can once again be assured of their safety. I know need to know where it has rained, where it has not, police in Broadmeadows have had a long-established what effect that will have on flowering and what access and productive relationship with the community, and I they have to those areas where there is a heavy honey am seeking their advice and assistance in allaying the flow. It has been recognised for some time that sites fears of residents. It is also important that these acts of have been lost, and the previous government had violence do not stigmatise a proud community. The undertaken to investigate 200 sites put forward by the people of Broadmeadows have worked hard, forging a Victorian Apiarists Association. I understand that only reputation for the area as an economic engine room, a small number of these sites were reopened by the driving and underwriting prosperity in this state. previous government. Victoria has about Broadmeadows is the capital of Melbourne’s north. 200 commercial apiarists, with 70 000 to 80 000 hives. This title has been hard earnt, in spite of a lack of vital Many apiarists are based in or use the Mallee and most social infrastructure that has been denied to the families would be involved in almond pollination. The almond of this area for half a century. orchards are young and the trees are growing rapidly, so each year more and more hives are required for The social infrastructure needed to develop this pollination. community was built by Labor during the past decade of the Bracks and Brumby governments, providing the There are several quarantine problems faced by the landmark Hume Global Learning Centre and the industry, particularly when hives are moved from the $60 million ‘light on the hill’ project to regenerate coastal areas in the north of Australia. These lost sites schools. These initiatives have been internationally are also vital to allow Victorian hives to be in the best acclaimed in promoting leadership, excellence, equity of health to allow pollination and minimise the influx of and lifelong learning. They promote social inclusion, high-risk hives from those great distances away. The collaboration, creativity and unity. These are the ideals apiary industry needs the minister to find and license that can help heal communities from past injustices and these additional sites and cut the red tape that is build brighter futures. strangling the industry. I urge the: think beyond yourselves, and know that your Clayton electorate: landfill sites violence will solve nothing. Violence only begets violence. We must do our utmost to contribute Mr LIM (Clayton) — The matter I raise is for the constructively to our communities. attention of the Minister for Environment and Climate. It concerns the constant odours emanating from landfill Bees: sites sites in Clayton South, Clarinda and Dingley. The action I seek is that the minister direct the EPA Mr CRISP (Mildura) — I raise a matter for the (Environment Protection Authority) to revoke the Minister for Environment and Climate Change. The licences of landfill site operators that have failed to action I seek is the restoration of access to bee sites. comply with the Environment Protection Act 1970. The Victorian Apiarists Association has long maintained that up to 400 sites were lost when In October 2010 the EPA issued a penalty infringement responsibility for bee sites was transferred from the notice to Transpacific Industries at Victory Road and a Department of Sustainability and Environment to Parks pollution abatement notice to a company named Victoria. Sites are important for apiarists because enviromix. In November 2010 Din San nursery was conditions in the bush vary. Not every site can be used also issued with a penalty infringement notice. By regularly, and due to the drought, parts of the Mallee January of this year odours were emanating from the have not flowered for many years. landfill site 24 hours a days, 7 days a week. The sickening smell was travelling as far as Parkdale Beach In order to maintain hives in health, apiarists have had in the south and Princes Highway in the north and to travel great distances. The bee industry is needed to could be smelt at the entrance to the Monash Medical secure the state’s agriculture industry and to boost Centre. This has become a major health issue, not just regional jobs. In my electorate hives are required to for my constituents in the Clayton electorate but also pollinate the vast almond orchards, and thousands of for residents in neighbouring areas. hives are required each year. As I understand it, almonds do not yield honey, so the hives need to be
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In February of this year I wrote to the minister alerting not friends at the start, you are certainly friends at the him to the problem. On 24 February the EPA acted — finish! If you are not, you do not finish together. sort of. It issued enviromix with both a penalty infringement notice and a pollution abatement notice. To get back to the matter at hand, the Mornington The Transpacific Industries sites at Fraser Road and Peninsula Shire Council has a very strong commitment Victory Road were issued with notices of to the use of bikes, not only for transport but also as a contravention, and Din San nursery had its licence healthy form of recreation. The action I am seeking revoked. from the minister is that he visit the Mornington Peninsula, meet with the council and provide advice Unfortunately the sickening odours continued. Since and assistance on the implementation of its RideSafe February there have been hundreds of complaints from strategy and particularly the development of cycling as residents via telephone, letter and fax directly to the a healthy alternative. EPA, and three community meetings have been held. Between April and June my office received over I know the minister and indeed the government place a 140 EPA odour reporting sheets, which were faxed to high priority on increasing participation in sport and the EPA for recording and action. The comments from recreation, and a key priority within that area of residents on these odour reporting sheets are a sad government is cycling and walking trails. The indictment of a government that has been slow to Mornington Peninsula Shire Council has an excellent acknowledge the right of residents to quality of life. strategy in place. It is aiming to provide an integrated Common complaint comments are ‘Made me sick’, and safe area for both visitors and residents to use ‘Gave me a headache’, ‘Hard to breathe’, ‘Cannot open bicycles as a means of transport and to participate in windows or doors or turn my air conditioning on’ and recreational activities not only in their immediate ‘Cannot go outside to hang clothes, do gardening, sit or neighbourhoods but right across the shire. The council invite friends to my home’. The odours reported were provides a range of on-road and off-road facilities. described as chemical smells, rotten eggs, sulphurous, There are links with Peninsula Link and areas outside gas-like, rubbish, rancid, putrid, foul, decaying, vomit, the municipality as well. manure and sewage. As is the case with many of these things, there are a Last week the EPA finally issued pollution abatement number of different authorities involved in funding and notices to the Clayton South regional landfill and being responsible for the areas involved. VicRoads is Transpacific Industries sites at Fraser Road and Deals obviously involved, the council has become involved, Road, and it has been reported that the minister paid a the Department of Sustainability and Environment is visit to one of the operators, Transpacific Industries. In involved due to the use of foreshore areas and the response Transpacific Industries has now offered a Department of Transport is involved due to the use of duplication of the new EPA 24-hour hotline. This is just former rail corridors and so on. The shire takes the lead a stalling tactic. These sickening odours continue. The role to facilitate and sometimes provide the planning evidence is clear. Now is the time to act. I entreat the and design background. It does an excellent job, but in minister to do his job. I also invite the minister to attend order to really cut through and implement the strategy a public meeting on 20 July to experience the residents’ to get the facilities up and running, it would appreciate outrage firsthand. some advice and support from the minister. I would welcome the opportunity to have him come down to Shire of Mornington Peninsula: RideSafe have a chat with the council to see how we can progress strategy this whole strategy.
Mr MORRIS (Mornington) — I am very pleased to Bicycle infrastructure: funding raise an issue this evening for my friend and colleague the Minister for Sport and Recreation. Ms GARRETT (Brunswick) — I am pleased to follow the member for Mornington on the matter I wish An honourable member — Friend? to raise, which is for the attention of the Minister for Public Transport. The action I seek from the minister is Mr Delahunty — We walked together on the that he make a clear commitment in relation to funding Kokoda Track. for bike infrastructure.
Mr MORRIS — It is approaching three years since Data from the 2006 census ranks the electorate of we completed walking the Kokoda Track. If you are Brunswick as having the highest proportion of people whose sole method of travel to work is by bicycle, with
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Wednesday, 29 June 2011 ASSEMBLY 2417 this proportion being 6.5 per cent. As a point of will also, as a matter of both fairness and safety, be reference, the median percentage by electorate is less looking to increase bike infrastructure funding to levels than 1 per cent. One need only see the level of bike use that reflect the growing numbers of bike users. in the mornings and evenings to know the situation in my electorate attests the accuracy of the data. When Lake Eppalock: flood damage you take into consideration recreational bike use and children riding their bikes to school the numbers exceed Mr WELLER (Rodney) — I raise a matter for the the data. Minister for Ports, and I note that the minister is in the chamber. It is in relation to funding to help local The overall bike use in my electorate is a further communities repair waterways infrastructure that has demonstration of my community’s commitment to been damaged by floods. The action I request is that the environment and sustainability. Needless to say, my minister commit specific funds to works at Lake constituents are very passionate about bike Eppalock to repair damage caused by flooding at the infrastructure, in terms of not only enjoyment but also end of last year and the beginning of this year. safety. Not surprisingly, our area also has a very active bicycle users group, the Moreland BUG, which was Lake Eppalock, Victoria’s fourth largest reservoir, is formed in 2006 through the merger of other bicycle located on the Campaspe River on the border of my user groups. electorate, and it impounds water for irrigators along the Campaspe River downstream of the lake. The lake This advocacy group, which is a not-for-profit is a very popular recreational area for fishing, organisation, has many very worthy objectives, swimming and boating enthusiasts, a large number of including the promotion of greater and safer commuter whom are drawn from the townships of Heathcote and and recreational cycling in the city of Moreland; Redesdale in my electorate. Heathcote is the closest working with local and state government authorities major town to Lake Eppalock, and it therefore benefits regarding on-road and off-road bicycle facilities in the significantly from the tourism spin-offs that the city of Moreland; the promotion of affordable and reservoir creates. Accommodation providers, accessible membership and activities; and the supermarkets, bakeries, cafes, restaurants, service promotion of the pursuit of cycling generally. stations and other small businesses all benefit when the lake is full of water and buzzing with tourist activity. Members of this group, along with many people in the local community, have been passionate advocates for Goulburn-Murray Water is designated under the the building of better bike infrastructure. As a result of Marine Act 1988 as the waterway manager for Lake this, we now have the Upfield bike path, bike lane Eppalock, and its assets were damaged in the flooding markings on Sydney Road and other main roads, events of September and November 2010 and January bike-friendly traffic signals and many hoops. Whilst 2011. Heavy rain and surface flows from the these are great, there is much more to do, and some of surrounding land led to the failure of the Moorabbee the future projects that are under active consideration boat ramp car park. Whilst Lake Eppalock has since by the BUG and the local council include a West been reopened for recreational and boating operations, Brunswick bike shimmy, a report for which has been the car park has been closed to the public and repairs completed; permanent bike treatments on Sydney are required before the area can be used again. ‘No Road; and a Craigieburn railway line bike path from boating’ buoys also sustained damage during the Pascoe Vale to Broadmeadows. floods, and replacement buoys are required.
Of great concern to my community are the persistent The action I seek of the Minister for Ports is that he rumours that cuts will be made to the funding for bike provide an update on the works needed at Lake infrastructure within VicRoads and other areas of Eppalock due to the flooding so that the lake and its government. These rumours have been made all the facilities are able to cater adequately for the people more virulent with the recent budget’s flagging of using it for boating and recreational activities. $2.2 billion in ‘departmental savings’, with still no clear explanation of how these savings will be manifested. Upper Yarra Dam shed: heating
The action I seek of the Minister for Public Transport is Ms D’AMBROSIO (Mill Park) — I raise a matter that he provide specific assurance that, in delivering his for the Minister for Environment and Climate Change, department’s share of the $2.2 billion in ‘department and the action I seek is that the minister arrange to have savings’, not only will funding for bike infrastructure new log heaters installed in the Upper Yarra Dam shed. from VicRoads and his department not be cut but he
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2418 ASSEMBLY Wednesday, 29 June 2011
This issue was raised with me by Whittlesea Maltese visit my electorate and meet with the parents and Senior Citizens Club. In April its president, Mr Alfred teachers of Ashwood College to discuss the Baillieu Fabri, booked with the ranger a visit by his club in government’s commitment of $10.5 million to rebuild June. Mr Fabri was informed by the ranger that the old the school. Ashwood College has suffered heaters were in the process of being replaced and that it tremendously from neglect under 11 long, dark years of was hoped the shed would have heating installed by the hard Labor. Not once in the previous 11 years was time of his club’s visit. A bus full of club members Ashwood College mentioned in the state budget, but we arrived at the shed, but unfortunately there was no have rectified that situation this year. heating. This was a concern for Alfred, and he was keen to ensure that the minister was aware of this and to As can be seen on page 27 of budget paper 3, we have see if the minister could intervene to have those heaters committed to rebuilding the school to ensure that our installed fairly quickly. kids have access to a great learning environment. This funding will provide for great new facilities for the Mr Fabri and his club members love their visits to the future, much-needed amenities, improved classrooms Upper Yarra Dam. They often visit it, as do many and better education facilities to be developed for the senior citizens clubs from all around Victoria. It would whole school community. As a parent I want my be very much appreciated if the minister could attend to children to have the best education possible. Our this matter so that visitors, especially senior citizens, are school, Ashwood College, is more than simply able to better enjoy their visits to this lovely site in buildings; it is a community hub in which we all feel a greater comfort, especially during the winter period, sense of ownership. with the availability of adequate heating in the shed. Last year the school experienced an arson attack that Alfred Fabri is a remarkable fellow. He was very devastated a large part of its infrastructure and placed a specific when he raised this matter with me, saying, great burden on the parents, teachers and, most ‘You must raise this with the minister next time you are importantly, students of the Ashwood community. It in the Parliament’. I am doing as he has asked me to do, was noted that the interest of the previous government and I want to take the opportunity to share with the was only sparked by the election campaign some six house the terrific work that is undertaken by the months after the fire. No work was done on the school Maltese Senior Citizens Club of Whittlesea and in the aftermath of the fire until we came into certainly by Alfred Fabri himself. government, and it is great to note that much of that work is now being done and will soon be completed. I The club is unique to the city of Whittlesea. There is thank the minister for ensuring that that was done as only one Maltese senior citizens club in the community, quickly as it possibly could have been. Like me, I know but it is a large club with 300-plus members, and it has the minister wants the best possible education for our been going now for about 20 years. I have known Fred children. for more than a decade, and he is a remarkable man. He is a formidable man in a lot of ways; he is very dogged As I said, I invite the minister to come to speak to the on issues, but they are all about the community and not parents and teachers of students at Ashwood College to about him. I want to pay tribute to him because he is a discuss with them the plans for the rebuilding of the champion and an advocate for the local community. He school. I know the minister is interested in education. I has achieved a great deal in terms of his advocacy, and would like to see him at the school. I am certainly hoping the minister will be able to add to the achievements of Fred Fabri by offering his Responses assistance in dealing with this particular matter. Mr MULDER (Minister for Public Transport) — I wish to also note that Fred has not had a very easy The member for Brunswick has raised an issue for my life. He has raised a family as a single dad with kids attention in relation to the provision of funding for from a very young age, but his commitment goes well bicycle infrastructure. I am sure, as the member would and truly beyond the family to the community. I pay be aware, that in relation to any major road projects my respects to him. VicRoads now takes bicycle infrastructure into consideration. I have met with Bicycle Victoria over Ashwood College: funding recent months; it had discussions with the coalition in relation to some of our funding commitments to bicycle Mr WATT (Burwood) — My adjournment matter infrastructure. One of those commitments that has is for the attention of the Minister for Education, who is captured the imagination of cyclists is the Yarra punt in the chamber. The action I seek is that the minister that runs on weekends. We have committed to funding
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Wednesday, 29 June 2011 ASSEMBLY 2419 the Yarra punt and running that service seven days a However, I understand people in his communities are week for cyclists. We are currently in negotiations with worried about current events. Therefore they seek some the operator of Yarra punt. For people who want to sort of reassurance with regard to what is being done to make the trip from Scienceworks to the Yarra River accommodate very obvious needs. that is going to be a great piece of bicycle infrastructure and a great tourist attraction for Melbourne. I can tell the member for Broadmeadows that I have regular contact with police command in regard to these We have had discussions with Bicycle Victoria in events. I am advised by the police that very substantial relation to the regional rail link project and its resources are being dedicated towards the resolution of requirement that we take into consideration the future these absolutely unacceptable forms of conduct by the provision of a bicycle pathway along the regional rail people who are responsible for the events to which the link project. I note the former Labor government gave member refers. I will speak to the police further in some form of commitment that it would consider a relation to the issues the member has raised. I am sure bicycle path along the line of the regional rail link they will be comfortable and pleased to be able to offer project, but as we now know, that project was almost the reassurance which the member seeks to the extent $1 billion underfunded. There was no money for trains, that the police feel is appropriate. there was no money for a grade separation at Anderson Road and there was not enough money for signalling. It I reiterate: this is a matter for the police. We, as a did not take into consideration the cost of land. That government, do not, will not and will never become project had blown out by $1 billion. When you add to directly involved in issues involving a police that the $3 billion that we discovered today has gone operational matter, although to the extent that I am able down the drain — — to assist in assuaging the concerns of people in the member’s electorate, I will do that. Dr Napthine — How much? Dr NAPTHINE (Minister for Ports) — I thank the Mr MULDER — It is $3 billion, and $4 billion in honourable member for Rodney for raising this total. I just wonder how many kilometres of bicycle important issue during the adjournment debate tonight. track could have been purchased with that money. I do In the latter part of 2010 and in the early part of 2011 not know whether you could put a bicycle track around large areas of Victoria were devastated by floods. The Australia with $4 billion, but you could have gone a effects of these floods are still being felt by many hell of a long way with $4 billion worth of bicycle track communities across the north and north-west of the infrastructure. I will take into consideration the request state. To assist in the flood recovery process I from the member. I will have my department look at announced as the Minister for Ports that special funding that request, and I will respond. opportunities would be made available to help local communities and waterway managers to repair Mr RYAN (Minister for Police and Emergency waterway infrastructure and make these waterways safe Services) — The member for Broadmeadows has for recreational boating again. These grants were to be raised some issues regarding some very serious events provided to waterway managers in flood-affected areas that have transpired within his electorate over the to aid the restoration of navigation aids and safety course of recent days. These take the form of a number signage around rivers and lakes. The grants were in of shootings and random attacks upon different people addition to a range of flood assistance measures within the community. There are instances where life announced previously by the Baillieu coalition and property have been threatened. In the case of the government. threatening of property, there has been substantial damage. Not surprisingly the communities within the The government recognises the importance of member’s electorate are very concerned about these recreational boating in these communities. Many of the events. Equally, and not surprisingly, they are anxious communities rely on tourism for economic activity and to ensure that all appropriate steps have been taken by jobs in the area. If we can help these communities by police to accommodate the problems which are now restoring the waterways to enable safe recreational occurring within the member’s electorate. boating as quickly as possible, it will enable them to get back on their economic feet and to create jobs and As the member would know, these are operational opportunities around those waterways. issues. It would be completely inappropriate for a minister of the Crown to be directly involved in what The member for Rodney specifically requested that I might be needed by way of police resourcing to deal advise in terms of actions I have taken to assist the with the issues to which the member has referred. repairing of the damage caused by flooding at Lake
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Eppalock. As the member said, Lake Eppalock is a very will be announcing further grants in the next few days popular boating and recreational waterway for people in these very important areas of flood-affected Victoria. living in and near the electorate of the member for Rodney. It is vital to the economy of the township of Mr DELAHUNTY (Minister for Sport and Heathcote particularly. I am pleased that Recreation) — I thank the member for Mornington for Goulburn-Murray Water is the designated waterway his active role in this Parliament representing the great manager of Lake Eppalock. It is concerned about the community of Mornington. I know he works hard for failure of the boat ramp car park at Moorabbee Lodge his electorate, but I also know he does a great deal of Caravan Park. This car park has been closed for repairs work in his role as Parliamentary Secretary for Local since the floods affected the area earlier this year. I can Government. Tonight he has invited me to visit the advise the honourable member for Rodney that Mornington Peninsula to meet with the members of the Goulburn-Murray Water has been allocated $10 000 Mornington Peninsula Shire Council and the mayor, from the special funding that has been made available Graham Pittock, to discuss the shire’s RideSafe to fund repairs to the Moorabbee boat ramp car park. It strategy. The member for Mornington has given me a has also been allocated another $1960 to replace four copy of the program’s executive summary, which gives no-boating buoys at Lake Eppalock. a good outline of the strategy the council is trying to implement. I understand the member for Benalla also has in interest in seeing repairs undertaken in flood-affected areas and In the short time I have been Minister for Sport and waterways in his area, particularly at Lake Buffalo, Recreation I have observed across all portfolios the Lake William Hovell and of course on the Goulburn development of good partnerships with local River between Hughes Creek and the Goulburn Weir, governments right across Victoria. As was discussed including Lake Nagambie. I am pleased to advise the tonight by the Minister for Public Transport, bike paths honourable member for Benalla that Goulburn-Murray often extend across a lot of government land, whether it Water will receive funding of $31 560 to clean up flood be overseen by the transport portfolio, by the road or debris and replace buoys at Lake Buffalo and $980 to rail agencies, by the Department of Sustainability and replace buoys at Lake William Hovell. The Shire of Environment, by Parks Victoria or by local Strathbogie will receive $8200 to reimburse costs governments themselves. It is important that we all incurred in the removal of hazards from the Goulburn work together to implement a bike path strategy. River. Regional bike trail networks have been an outstanding success in rural and regional Victoria and have The honourable member for Bendigo West will be generated significant tourism and job opportunities over pleased to know that Goulburn-Murray Water will many years. I have to say, however, that over the last receive $4900 to replace buoys at Cairn Curran 11 years the previous government failed to deliver an Reservoir that were lost in the floods. It will also effective, integrated and coordinated bike network. receive $3920 to replace lost buoys at Lake That is why, as part of the coalition’s 2010 policy Laanecoorie. platform, we committed to extending the regional bike trail networks to get more people active and to support Ms Allan — What about the girls? tourism and job opportunities right across Victoria, including in the member’s electorate of Mornington. Dr NAPTHINE — It is only the boys that get lost, like the member for Lyndhurst. The honourable We made that commitment, and it has been announced member for Swan Hill will be pleased to be advised in the budget that we will be completing the that the Shire of Ganawarra will be granted $12 500 to construction of the Carrum to Warburton shared repair buoys and flood erosion damage at the boat ramp bike-walking trail, which will focus on the missing at Lake Meran. 7.1 kilometres of trail between Bayswater North and Mount Evelyn. We have also committed to linking Box These grants are really important to the restoration of Hill and Ringwood through the new shared-use eastern those waterways, navigational aids and safe boating rail trail. This 9.9-kilometre link will encourage more signage so that we can get those waterways operating Melburnians to take up cycling to work, to school or for again for safe recreational boating. We can say to local leisure. The coalition government is committed to people and visitors, ‘Come up and visit these areas; getting more people more active more often, and they are open for boating and tourism’. People can then increasing bike trail networks will go a long way spend their money in the local community and create towards achieving this. The Mornington Peninsula local jobs. I am pleased to announce these grants, and I shire’s RideSafe strategy links into what we want to do as a government.
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Wednesday, 29 June 2011 ASSEMBLY 2421
It is interesting to note that across Victoria there is a The member for Bentleigh raised a matter for the boom in cycling. I was pleased to launch the first ever attention of the Minister for Environment and Climate Gran Fondo cycling event organised by the Amy Gillett Change, and the action the member requested was for Foundation, which takes place along the Great Ocean the minister to visit Bentleigh and meet with school Road. We provided a $50 000 funding boost for this community members at Bentleigh Secondary College. I event from the Victorian government’s Significant will pass that matter on to the minister for his direct Sporting Events program. This race will cater for response. cyclists of all ages and abilities. It will give them the chance to test their mettle on this 120-kilometre circuit The member for Mildura raised a matter for the featuring the iconic Great Ocean Road, Surf Coast and attention of the Minister for Environment and Climate Colac Otway region, which is where the Minister for Change, and the action the member sought was the Public Transport, the member for Polwarth, is from. I reinstatement of access to lost beehive sites. I will pass am sure he has ridden along many of these roads in his that matter on to the minister for his direct response. time. He spoke about Bicycle Victoria, and we are developing stronger partnerships with Bicycle Victoria, The member for Clayton raised a matter for the Cycling Australia and organisations like the Amy attention of the Minister for Environment and Climate Gillett Foundation. We can work together to allow Change, and the action he sought was for the minister cycling to become a big part of our daily life by to attend on 10 July a public meeting organised by the providing a safe alternative form of transport. Environment Protection Authority. I will pass that matter on to the minister for his direct response. I accept the invitation from the member for Mornington. I am looking forward to the opportunity of Finally, the member for Mill Park raised a matter for visiting his area and meeting with the Mornington the Minister for Environment and Climate Change, and Peninsula Shire Council to discuss the ways in which the action the member sought was for the minister to we can work together to provide for the implementation provide funding for the installation of heaters at the of the Mornington Peninsula RideSafe strategy. Upper Yarra Dam shed. I will pass that on to the minister for his direct response. Mr DIXON (Minister for Education) — The member for Burwood asked me to visit his electorate House adjourned 10.48 p.m. and more specifically to visit Ashwood College and talk to the community there, both parents and teachers, regarding the $10.5 million grant we will be providing to upgrade the school. For some time now the member has been a staunch advocate for the school, and as a good local member of Parliament and a good community member he also takes a keen interest in the school. On numerous occasions he has pointed out to me the real needs of the school and the great work that has been done by the staff. They deserve an up-to-date and modern teaching environment so they can apply the teaching and learning they do so well, which can be only further enhanced by having facilities to match that teaching and learning. I am very keen to go out there. As I said, the member has been a great advocate for the school. I look forward to making a mutually convenient time.
Mr KOTSIRAS (Minister for Multicultural Affairs and Citizenship) — The member for Bellarine raised a matter for the attention of the Minister for Environment and Climate Change, and the action the member sought was for the minister to commit to funding for and progress on the Portarlington safe harbour project. I will pass that on to the minister for his direct response.
JOINT SITTING OF PARLIAMENT
2422 ASSEMBLY Wednesday, 29 June 2011
Wednesday, 29 June 2011
JOINT SITTING OF PARLIAMENT Victorian Health Promotion Foundation
Honourable members of both houses met in Assembly chamber at 6.17 p.m.
The CHAIR — I welcome members to a joint sitting of the Legislative Council and the Legislative Assembly. We will proceed with the election of three members of the Parliament to the Victorian Health Promotion Foundation. Under joint standing order 19(2), the Chair of joint sittings alternates. On this occasion it is the President, which explains why I am here.
I now take pleasure in inviting proposals from members with regard to the three members to be elected to the Victorian Health Promotion Foundation.
Mr BAILLIEU (Premier) — Thank you, Chair. May I not only welcome you to this chamber but also propose:
That Mr Neil Angus, Mr Tim Bull and Ms Danielle Green be elected to the Victorian Health Promotion Foundation. I understand they are willing to accept the nomination and the appointment, if chosen.
The CHAIR — Is there a seconder for the proposal?
Mr ANDREWS (Leader of the Opposition) — I have pleasure in seconding the proposal.
The CHAIR — There being no further proposals, and as there are only three members proposed for the three positions available, I declare that Mr Neil Angus, Mr Tim Bull and Ms Danielle Green are elected to the Victorian Health Promotion Foundation. I now declare the joint sitting closed.
Proceedings terminated 6.19 p.m.
NOTICES OF MOTION
Thursday, 30 June 2011 ASSEMBLY 2423
Thursday, 30 June 2011 continue. Now is also the time for proper funding of the community sector.
The SPEAKER (Hon. Ken Smith) took the chair at Your petitioners therefore request that the Victorian 9.34 a.m. and read the prayer. government support the community sector by committing to properly funding the pay increase that will result from the ASU’s equal remuneration case. NOTICES OF MOTION By Ms HENNESSY (Altona) (8 signatures), Notices of motion given. Ms KNIGHT (Ballarat West) (16 signatures), Ms NEVILLE (Bellarine) (15 signatures), Honourable members interjecting. Ms ALLAN (Bendigo East) (15 signatures), Ms EDWARDS (Bendigo West) (7 signatures), The SPEAKER — Order! Before I call the next Ms GARRETT (Brunswick) (10 signatures), member to deliver a notice of motion I ask the house to Ms HUTCHINS (Keilor) (12 signatures), come to some order. I can only say that I am pleased we Ms KAIROUZ (Kororoit) (710 signatures), have reduced the notices of motion to five from each Mr EREN (Lara) (3 signatures), side, but it is a little bit out of control. Let us come to Ms DUNCAN (Macedon) (6 signatures), some order and get on with the business of the house. I Ms GRALEY (Narre Warren South) know there is a break coming up, but let us just make (15 signatures), sure that most of us remain in the chamber while the Ms BARKER (Oakleigh) (10 signatures), house is sitting. Mr PALLAS (Tarneit) (8 signatures), Ms HALFPENNY (Thomastown) (7 signatures), Further notices of motion given. Mr NOONAN (Williamstown) (3 signatures) and Honourable members interjecting. Ms BEATTIE (Yuroke) (18 signatures).
The SPEAKER — Order! The member for Victorian Arabic Social Services: funding Essendon is on his first warning. To the Legislative Assembly of Victoria:
The petition of residents of Melbourne’s north and west PETITIONS draws to the attention of the house their concern at the recent decision by the Baillieu government to cut funding to Following petitions presented to house: Victorian Arabic Social Services for Arabic family intake and referral service.
Community sector: wages The petitioners therefore request that the Legislative Assembly of Victoria reinstate the funding for Victorian To the Legislative Assembly of Victoria: Arabic Social Services. The petition of these residents of the state of Victoria draws to By Mr McGUIRE (Broadmeadows) the attention of the house the current and serious workforce crisis in the ‘not for profit’ community sector. (441 signatures).
The community sector offers support to those most vulnerable Rail: Moonee Ponds station in our community and provides services that are central in addressing disadvantage. The sector is an essential part of our To the Legislative Assembly of Victoria: community ‘safety net’, working to reduce the worst effects of poverty, social exclusion, violence and inequality. To The petition of certain citizens of the state of Victoria who ensure that our community is able to access adequate and travel on the Craigieburn train line draws to the attention of appropriate services, the community sector must be able to the house the Baillieu government’s plan to abandon the recruit and retain a skilled, dedicated and stable workforce. proposed upgrade to premium status of Moonee Ponds The sector is increasingly unable to do this, as the wages and station. conditions of these workers fall further and further behind other sectors. For example, full-time qualified community In particular we note that premium stations are necessary to workers earn on average $15 000 less than the average wage provide: in Australia. 1. improved safety for commuters; In 2010 the Australian Services Union will be running an equal remuneration case in the Fair Work Australia Tribunal 2. more timely information about delays and cancellations; to increase the rates of pay for community sector workers to that of comparable workers. For too long the work in this 3. better customer service. sector has been undervalued and unrecognised — this cannot The petitioners therefore request that the Legislative Assembly urges the Baillieu government to reverse its
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2424 ASSEMBLY Thursday, 30 June 2011
decision to abandon the premium station upgrades and take Ordered that petition presented by honourable urgent steps to immediately begin the process of upgrading member for Williamstown be considered next day Moonee Ponds station. on motion of Mr NOONAN (Williamstown). By Mr MADDEN (Essendon) (245 signatures). Ordered that petition presented by honourable Tabled. member for Thomastown be considered next day on motion of Ms HALFPENNY (Thomastown). Ordered that petition presented by honourable member for Essendon be considered next day on Ordered that petition presented by honourable motion of Mr MADDEN (Essendon). member for Keilor be considered next day on motion of Ms HUTCHINS (Keilor). Ordered that petition presented by honourable member for Altona be considered next day on Ordered that petition presented by honourable motion of Ms HENNESSY (Altona). member for Bellarine be considered next day on motion of Ms NEVILLE (Bellarine). Ordered that petition presented by honourable member for Ballarat West be considered next day Ordered that petition presented by honourable on motion of Ms KNIGHT (Ballarat West). member for Lara be considered next day on motion of Mr EREN (Lara). Ordered that petition presented by honourable member for Yuroke be considered next day on Ordered that petition presented by honourable motion of Ms BEATTIE (Yuroke). member for Bendigo East be considered next day on motion of Ms ALLAN (Bendigo East). Ordered that petition presented by honourable member for Tarneit be considered next day on motion of Mr PALLAS (Tarneit). VICTORIAN CHILD DEATH REVIEW COMMITTEE Ordered that petition presented by honourable member for Kororoit be considered next day on Report 2011 motion of Ms KAIROUZ (Kororoit). Ms WOOLDRIDGE (Minister for Community Ordered that petition presented by honourable Services), by leave, presented report. member for Oakleigh be considered next day on motion of Ms BARKER (Oakleigh). Tabled.
Ordered that petition presented by honourable member for Brunswick be considered next day on NATIONAL BLOOD AUTHORITY motion of Ms GARRETT (Brunswick). Report 2009–10 Ordered that petition presented by honourable member for Narre Warren South be considered Dr NAPTHINE (Minister for Ports), by leave, next day on motion of Ms GRALEY (Narre Warren presented report. South). Tabled. Ordered that petition presented by honourable member for Macedon be considered next day on motion of Ms DUNCAN (Macedon). PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE Ordered that petition presented by honourable member for Bendigo West be considered next day Budget estimates 2011–12 (part 2) on motion of Ms EDWARDS (Bendigo West). Mr ANGUS (Forest Hill) presented report. Ordered that petition presented by honourable member for Broadmeadows be considered next day Tabled. on motion of Mr McGUIRE (Broadmeadows). Ordered to be printed.
DOCUMENTS
Thursday, 30 June 2011 ASSEMBLY 2425
DOCUMENTS Ms RICHARDSON — I ask that this motion be incorporated in the notice paper. This is a very Tabled by Clerk: important issue that needs to be debated by the house as soon as possible. Members of Parliament (Register of Interests) Act 1978 — Summary of Variations notified between 5 April 2011 and 29 June 2011 — Ordered to be printed The SPEAKER — Order! A verbal notice cannot be accepted. The member will have to put it in a written Police Integrity, Office of — Review of the investigative form at a later stage, if she wishes to do that. process following a death associated with police contact — Ordered to be printed BUSINESS OF THE HOUSE ROYAL ASSENT Adjournment Message read advising royal assent on 29 June to: Mr McINTOSH (Minister for Corrections) — I Aboriginal Heritage Amendment Bill 2011 move: Planning and Environment Amendment (Growth That the house, at its rising, adjourns until a day and hour to Areas Infrastructure Contribution) Bill 2011 be fixed by the Speaker, which time of meeting shall be Road Safety Amendment (Hoon Driving and notified in writing to each member of the house. Other Matters) Bill 2011. There is a particular reason I have moved this motion. It is the government’s intention to communicate that LAW REFORM COMMITTEE 16 August will be the next sitting day, and it will request that you, Speaker, notify all members of that. In Reference normal circumstances the house would adjourn until 16 August by way of motion that would be put to the Mr McINTOSH (Minister for Corrections) — By house, and if it were agreed to, that would be the fixed leave, I move: date for the next sitting of the house.
That the resolution of the house of 10 February 2011 I have moved this motion because of the Bushfires providing that the Law Reform Committee be required to Royal Commission Implementation Monitor Act 2011. present its report, on access to and interaction with the justice system by people with an intellectual disability and their The monitor is due to report by 31 July, and that can families and carers, to the Parliament no later than 30 March only be done then if we are between sessions. If the 2012 be amended by inserting after paragraph (b) — house were to adjourn until 16 August, then the session would effectively be continuing. Accordingly I move ‘(c) consideration as to whether the findings of the inquiry have broader application to people with a disability other this motion to facilitate the presentation of that report than an intellectual disability, for example those with an on 31 July, which will be out of session. As I indicated, acquired brain injury or neurological condition leading it is the government’s intention to request that you, to cognitive disability.’. Speaker, notify all members that the next sitting day will be 16 August. Motion agreed to. In saying that I note we are going to sit for a total of 51 days this year, which is a slight increase, but it is an MEMBER FOR MOUNT WAVERLEY: increase on the number of days we sat in the last CONDUCT Parliament — —
Ms RICHARDSON (Northcote) — I desire to Ms Beattie — There was an election! move, by leave: Mr McINTOSH — Let me just explain. Yes, That this house condemns the member for Mount Waverley for his deliberate and wilful misrepresentation of the events at certainly there was an election but there were also some Parliament station and subsequent personal explanation to the three years when there was not an election. We will still house on Wednesday, 29 June, which has been contradicted be sitting for more days than we did in the last in media reports by witnesses to the event. Parliament. We will be sitting for a total of 51 days this year, and that is our intention to enable proper debate Leave refused. and indeed for the government to be held to account. It means the Parliament will be able to transact its important business in those days. It is important to note
MEMBERS STATEMENTS
2426 ASSEMBLY Thursday, 30 June 2011 that it is the government’s intention for the Parliament MEMBERS STATEMENTS to sit for a longer period than it did under the previous government, and it is a matter of pride that we are doing Member for Mount Waverley: conduct exactly that. While there is a six-week gap between today and the resumption on 16 August — — Ms RICHARDSON (Northcote) — As we all know, being a member of Parliament is a very great Mr Eren interjected. privilege, but with that privilege comes great responsibility. Yesterday I listened to the member for Mr McINTOSH — The member for Lara says Mount Waverley give his account of the events that ‘lazy’. occurred outside Parliament station. I concluded that here was a man who has clearly forgotten his The SPEAKER — Order! The minister should responsibility, not just as an MP but also as a member ignore interjections. of the community. Responsible members of our Mr O’Brien interjected. community do not intimidate and harass young women.
The SPEAKER — Order! The Minister for Gaming Honourable members interjecting. should not get involved. The SPEAKER — Order! The member for Mr McINTOSH — The reality is that we will have Frankston! The member for Forest Hill! a six-week adjournment. In setting that timetable we Ms RICHARDSON — They do not lie or claim took the advice of a number of people in the employ of that rules or by-laws have been broken when clearly the Parliament, and it was felt that there was a need for they have not been, and they do not use that flawed a change from previous practices when there was only a excuse as a rationale for their behaviour. They do not short break. It will enable many members to do their act as vigilantes. What they do instead is admit error business in relation to their constituency work, and it and apologise unreservedly, hoping to undo some of the will enable parliamentary committees to undertake their harm they have done. The community rightly expects important work, whether it involves interstate travel or nothing less from us as MPs. Acting in this way is travel around the state. That will also be facilitated. It particularly important when dealing with the will also give members an opportunity to take a short harassment and intimidation of a young woman, break, and no doubt many will avail themselves of that because it falls to each and every one of us to speak out during the course of the school holidays or otherwise. and voice our concerns about this type of behaviour. It is important to note also that the request was made, as Why? Because all too often it goes unchecked and I understand it, because when we have a shorter break, unspoken of. as we have had in previous years, that does not enable When I was eight years old, my mum, brothers and I necessary maintenance work to be undertaken in the ended up in a refuge for women escaping domestic Parliament. I understand that the lighting in the violence. I am not at all suggesting that this incident Legislative Council chamber has to be looked at and yesterday equates to what my family went through, and developed and improved, and that will take a not simply because my father was ultimately contrite. substantial length of time. The longer break will enable For far too long many of us have not had Katherine’s that important work to take place. It also gives the staff courage and have not spoken out when things like this of the Parliament the opportunity to have a pause to have happened. I hope that in speaking out about this catch up with the important work that they do. incident, we have fulfilled our responsibility both to Accordingly, the government is intending to bring the Katherine and the broader community. It is clearly time house back on 16 August, subject to the Speaker’s that the member for Mount Waverley fulfilled his agreement in that matter, but more importantly, this responsibility by apologising unreservedly for his adjournment without a fixed date will facilitate the actions. presentation of the bushfire implementation monitor’s Bill Larkin report by 31 July. Ms WOOLDRIDGE (Minister for Mental Motion agreed to. Health) — I am delighted that the much-loved and respected community leader Bill Larkin is to be made a freeman of the city of Manningham. Bill will receive the award in recognition of his longstanding dedication
MEMBERS STATEMENTS
Thursday, 30 June 2011 ASSEMBLY 2427 to our community totalling more than 45 years. The public life, it is pleasing to read that he regards the freeman of the city is the highest form of recognition creation of the historic accord between trade unions and that council can bestow upon an individual, and it is the Labor government in the 1980s as one of his given for their high service of public duty, for greatest moments. Since leaving public office Ralph outstanding community contribution or for exceptional has maintained a very active role in the community and activity. It is a very fitting tribute to a man who fulfils continues to chair both Western Health and LeadWest all those criteria. Bill began his local government Ltd. service in 1965 and has served on the councils of both the City of Doncaster and Templestowe and the City of George Saliba of Altona North also received an Order Manningham, taking on the mayoral role three times. of Australia medal for service to the Maltese His contribution to local government in the community as both a founding member of the Newport municipality is the longest in the past 50 years. Maltese Association and the longest serving vice-president of the Maltese Community Council of Over the past four decades Manningham has undergone Victoria. George has devoted his entire life to substantial development, presenting numerous community service. challenges to our city leaders, and Bill’s experience has proven time and again to be invaluable. Bill has worked I thank both Ralph and George for their most valuable tirelessly to promote our city while at the same time and lasting contributions to our community and our supporting and defending the interests of residents and great nation. enabling them to enjoy the lifestyle that attracts so many families to live in our municipality. Government: achievements
Bill’s enviable record of service also involves the Mr DELAHUNTY (Minister for Sport and Manningham Centre, Manningham Promoting Recreation) — This Friday the Victorian coalition Character, the Manningham Recreation Association, government will deliver on a number of election the Doncaster Hill Advisory Committee, the senior commitments that will assist Victorian families. Many citizens reference group and the Pines Learning of these are of particular interest to my electorate of Activity Committee. Bill’s service to our community Lowan. and to council has been previously recognised with a It is no secret that the younger generation of Victorians Medal of the Order of Australia, a Centenary Medal are finding it hard to afford to buy their own homes, but and a Rotary Paul Harris fellowship. the coalition government is helping to deliver the keys On behalf of the people of Manningham, I would like for first home buyers by reducing stamp duty by 20 per to thank Bill and his wife Helen for their outstanding cent for eligible home buyers. It will progressively contribution to the Manningham community. increase this cut to 30 per cent by January 2013, 40 per cent by January 2014 and 50 per cent by September Ralph Willis and George Saliba 2014. Farmers aged under 35 who are buying their first property valued at up to $300 000 will be exempt from Mr NOONAN (Williamstown) — I rise to paying stamp duty. Pensioners and concession card congratulate two outstanding constituents of the holders will see the stamp duty concession threshold Williamstown electorate, the Honourable Ralph Willis increase from $440 000 to $750 000 for contracts and George Saliba, who were among just entered into from tomorrow. 376 Australians to be recognised in this year’s Queen’s Birthday honours list. Ambulance membership fees will be more affordable for families and singles, with annual membership fees Ralph Willis, a lifelong resident of Melbourne’s west, cut by 50 per cent. We are assisting households to cut was appointed an Officer of the Order of Australia for their utility bills and benefit the environment with his distinguished service to the Parliament of Australia, rebates for energy-efficient appliances. Up to $1000 is particularly in the areas of economic development and now available to assist with the installation of rainwater industrial relations, to the superannuation industry and tanks not just in urban areas but wherever people live in to the community. As many in this place would know, Victoria. There is no doubt that as of tomorrow Ralph Willis represented the seat of Gellibrand in the Victorians will be better off under a coalition federal Parliament for 26 years. For 13 of those years, government. he was a cabinet minister in the Hawke and Keating governments, holding various portfolios, including that of Treasurer. Whilst he achieved much during his
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2428 ASSEMBLY Thursday, 30 June 2011
Member for Mount Waverley: conduct of attending quite a few of these events, including the flag-raising ceremony as the official opening, an elders Ms HENNESSY (Altona) — What is it about lunch, an elders breakfast and the NAIDOC march, coalition members and their inability to take finishing at Federation Square. I will be hosting a responsibility for their behaviour and say sorry? The NAIDOC reception in Queen’s Hall, Parliament House, coalition has incredible form on this issue. We watched next Wednesday. I will attend a whole-of-government as we heard John Howard’s weasel words and his celebration hosted by the commonwealth government inability to say sorry to indigenous Australians. We saw at the Fitzroy town hall as well as the much-anticipated the member for Frankston and his inability to say sorry and very well attended NAIDOC ball. to the gay community of Victoria for his attempt to criminalise their behaviour. We saw a member for Many events will be held right across Victoria, and I Western Metropolitan Region in the Council and his urge members to support their indigenous communities inability to say sorry to indigenous Australians for his and attend the NAIDOC Week celebrations in their crass and insulting words. And yesterday we saw the own electorates. most abysmal performance by the member for Mount Waverley in relation to his bullying and his Member for Mount Waverley: conduct intimidatory behaviour towards a young woman exercising her democratic rights. Ms THOMSON (Footscray) — I begin my members statement by completing the members Mr O’Brien — Speaker — — statement made by the member for Northcote. I know firsthand, as does the member of the Northcote, that The SPEAKER — Order! I do not accept points of Katherine Munt has dealt with a number of challenging order during members statements. experiences in her working life. It is not easy being an electorate officer in Footscray, but she has never been Ms HENNESSY — This makes an absolute scared like that before. She was clearly shaken and very mockery of the government’s asserted commitment to upset by the actions of the member from Mount end the spin, to stand up against bullying, to support Waverley. The member for Mount Waverley thought people and to be open and accountable. One can only he had got away with it, but fortunately members of the wonder what would have happened had a senior press also witnessed the incident and stood by Victorian journalist not been a witness. The member for Katherine’s account. Mount Waverley came into this place and attempted to blame the victim. The Premier should take him aside When we enter this place we are intent on telling the and explain to him that his behaviour was disgraceful. truth. The member for Mount Waverley not only did not tell the truth outside this house but did not tell the NAIDOC Week truth inside this house. We have seen this government repeatedly bullying and intimidating the Chief Mrs POWELL (Minister for Aboriginal Affairs) — Commissioner of Police, we have seen this government I advise the house that the 2011 NAIDOC Week will intimidating the Director of Public Prosecutions, we commence on 3 July and run until 10 July. The national have seen a member for Western Metropolitan Region NAIDOC theme is ‘Change — the next step is ours’, in the other house intimidate local journalists in order to and the Victorian theme is ‘William Cooper — equal ensure that they got a biased story written in favour of rights, still a fight’. Through Aboriginal Affairs the government. We have seen the member for Mount Victoria, the Baillieu government has provided over Waverley intimidate a young woman and failing to $49 000 to the NAIDOC committee to enable it to properly apologise to her. organise and coordinate events around the state. These events help indigenous Victorians to celebrate and This is not just about Katherine Munt. Katherine was practise their unique culture. Many of these events are actually scared all day yesterday — — shared with indigenous and non-indigenous people to help promote reconciliation, understanding and respect. The SPEAKER — Order! The member’s time has expired. I congratulate the NAIDOC committee on its hard work, particularly Mr Phillip Cooper and Helena Can We Go Home Now?: launch Gonbale, the co-chairs; Mr Jason Kanoa, the treasurer; and Margaret Clarke, the secretary. This is a big week Mrs FYFFE (Evelyn) — Last week I was delighted on the calendar of our indigenous Victorians, and as the to be invited to speak in Healesville at the launch of the Minister for Aboriginal Affairs I will have the honour beautiful book Can We Go Home Now?. It is a moving story about the Wilson family and takes place during
MEMBERS STATEMENTS
Thursday, 30 June 2011 ASSEMBLY 2429 the aftermath of Black Saturday. The book is community businesses and the former Labor state beautifully illustrated by Christine Cafarella-Pearce, government. and is extremely well written. The simplicity of the language and the use of Kirk as a narrator alongside his Congratulations go particularly to the festival director, mum gives it an eloquence that many will identify with. Una McAlinden, and her dedicated executive My sincere congratulations go to Kate, Kirk and the committee, the general committee and the support team rest of the Wilson family. whose members worked throughout the year to plan and bring together the performers and the programs. Country Fire Authority: Wonga Park station Congratulations go also to the wonderful volunteers for their hard work and commitment to the smooth running Mrs FYFFE — On Sunday, 19 June, I was proud to of the festival. Many of the volunteers are local represent the Minister for Police and Emergency residents who have really embraced this festival. Services at the Wonga Park Country Fire Authority (CFA) station to be part of the celebrations and hand This year Una will travel to France for the biggest over the keys to the big fill truck. The money for this Celtic festival, where she hopes to raise the profile of vehicle, which cost approximately $150 000, was raised the Portarlington festival and make more international in the community. The Warrandyte Bendigo Bank connections to bring people to Australia next year. The donated $30 000 and Phil Munday of Phil Munday’s 2011 festival has been another very successful event. Panel Works drove the local fundraising. The truck was We look forward to the festival next year. designed by brigade members. Its capabilities are Congratulations to everyone who has been involved, amazing: it can fill four firefighting trucks at once and particularly the volunteers. is also able to refill water bomber helicopters and refuel other trucks. Timber industry: East Gippsland
Since its formation in January 1939, the Wonga Park Mr BLACKWOOD (Narracan) — I take this CFA has had a long and proud history of protecting the opportunity today to highlight another example of the local community. Congratulations go to Baillieu government delivering on its commitment to Captain Kingsley Allen, his members and the whole support country Victorian communities. The former community for the work they do in protecting Wonga Brumby government increased the area of national Park and for having made a tremendous contribution to parks in East Gippsland by 45 000 hectares. This firefighting over the years, especially on Black decision effectively removed 45 000 hectares of state Saturday and the weeks that followed, when I saw their forest land from the resource base of the timber trucks and volunteers working tirelessly alongside industry and reduced the sustainable yield in East thousands of others who gave so much. Gippsland by about 40 per cent. National Celtic Festival A well-publicised promise made by the Brumby government was that there would be no net job losses Ms NEVILLE (Bellarine) — Over the Queen’s as a result of this action. Once again the Brumby Birthday weekend, the National Celtic Festival was government failed to deliver on a promise to protect the again held in Portarlington. This has become a premier economy of East Gippsland and not allow job losses to event on the Bellarine Peninsula, attracting performers further decimate the viability of towns and communities and audiences from across Australia and overseas. It is in Gippsland. The Baillieu government has been left Australia’s largest and most diverse celebration of with the job of fixing the problems caused by another Celtic music and culture. Although organisers are still failure of the former Brumby government. tallying up the numbers, the early signs are that this was yet another bumper year. As a direct result of the increase in the land area of national parks at the expense of state forest land set The vision of the festival is to promote and celebrate aside for timber production, and if no action were taken Celtic culture through a vibrant and progressive festival at least six East Gippsland-based contracting businesses that features dance, music, literature and other arts. At would have no work beyond 30 June this year. As of the heart of the festival is a community which brings tomorrow, six timber families, most of them third or people together to showcase the best of Celtic fourth generation workers in the industry, would have traditions. The festival relies on sponsors, some of no income. They would have machinery and equipment whom have been supportive from the beginning, repayments to meet and redundant equipment that including the City of Greater Geelong, Bellarine would be very difficult to sell. The Baillieu government will not allow this to happen and has put in place
MEMBERS STATEMENTS
2430 ASSEMBLY Thursday, 30 June 2011 arrangements that will provide some work for these Troeth to the federal Parliament. She was elected to the contractors beyond 1 July. Senate in 1993. Prior to that she was a teacher in rural Victoria, a farmer, a member of numerous community Thanks to the cooperation of the Treasurer and the boards and a mother of five. She was the Parliamentary Minister for Agriculture and Food Security and their Secretary for Primary Industries and Energy from 1997 respective departments and VicForests and the hard to 1998 and also Parliamentary Secretary for work of the member for East Gippsland, the impact of Agriculture, Fisheries and Forestry from 1998 to 2004. the blatant disregard for these families by the former She was the first woman to hold an executive position Brumby government has been addressed by a in the agriculture portfolio. Judith has always worked government that genuinely cares and delivers and will hard to ensure that issues affecting city dwellers and continue to do so for all Victorians. residents of rural and regional Victoria are thoroughly addressed. She worked especially hard to advance the Victorian Arabic Social Services: funding status of women in rural and regional areas. She announced her decision to stand down ahead of the Mr McGUIRE (Broadmeadows) — Last night I 2010 federal election, after 18 years of service to hosted in Parliament House a board meeting of Victoria. Victorian Arabic Social Services (VASS), in another attempt to overturn the coalition’s axing of funding for Judith brought a compassionate view to the federal this charitable, non-political, non-religious organisation Parliament, reflecting the reasonable outlook of that delivers vital needs-based services to families in Victorians. She was instrumental in removing women Melbourne’s north. In good faith, I issued an invitation and children from immigration detention in 2005. She to the Minister for Community Services to join the has been a strong advocate for women in general, board meeting to ensure that these matters are resolved including supporting parliamentary quotas for female as an issue of urgency. She declined the invitation. This members, and is well known for her tireless work as a government has cut $150 000 of funding to VASS member of parliamentary committees. Judith was without the minister ever having met the leaders of the committed to working with a diverse range of people to organisation or providing an answer as to why the maintain the Liberal Party’s position as a party with coalition has reneged on Labor’s commitment. broad appeal to Victorians. She demonstrated great personal integrity in her ability to work as part of a There could be no more important time than right now strong, unified team while holding differing views on to keep family and community connections open, to some matters. keep people feeling valued as part of the community and to discourage their becoming isolated and turning Judith Troeth has been a dedicated member of the to crime gangs for a sense of empowerment and Liberal Party for 34 years, and she will be sorely belonging. Those opposite state they will take a missed by the Victorian Liberal Party. broadbased approach to crime and social issues, but are they paying attention to the daily headlines about Inn Their Shoes Sleepout shootings in Broadmeadows? Are they paying attention to the need for a whole-of-government approach Ms KNIGHT (Ballarat West) — I had the pleasure involving police and the criminal justice system in of participating in the Inn Their Shoes Sleepout on resolving violence, along with the need to utilise Friday 24 June. About 80 grade 5 and 6 students, along community service organisations, such as VASS, to with a number of volunteers, all slept at the Ballarat resolve social and community issues before they Mining Exchange alongside community and business escalate to violence? leaders in order to raise funds and awareness of BreezeWay. The need for jobs — a word I am hoping to hear pass the lips of the Treasurer — and support for families BreezeWay is a program of UnitingCare Ballarat. Each from community service organisations such as VASS is day its volunteers feed up to 70 people, most of whom an issue I am still hoping to resolve. Would the are homeless or at risk of homelessness. UnitingCare Minister for Community Services finally take the provides each person with a nutritious meal in a warm, necessary action and help fix these problems? cafe-like environment. The dedicated volunteers in this program also provide a takeaway meal of sandwiches Senator Judith Troeth and fruit. The executive officer of UnitingCare, Cliff Barclay, its welfare manager, Maree Drennan, and Mr NEWTON-BROWN (Prahran) — I recognise BreezeWay’s coordinator, Barb Cole, along with the the outstanding long-term service of Senator Judith
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Thursday, 30 June 2011 ASSEMBLY 2431
50 or so volunteers, are to be congratulated on the School, which begs the question: what did the former service they provide to the people of Ballarat. member actually do? Also to be congratulated on organising the Inn Their CarbonetiX: ResourceSmart school awards Shoes event are Bree Milgate, Anna Law and Ash Edwards, three event management students from the Mr SHAW — Bruce Rowse from CarbonetiX, a University of Ballarat. They did a magnificent job of small business in Frankston, met with me regarding the pulling the entire event together, including getting the ResourceSmart program, which promotes energy sponsors on board. They raised almost $8000 for efficiency in schools. He is exceptionally pleased that BreezeWay and generated a lot of media about this we have supported this program and that funding for it essential program. is continuing. As a result of the continuation of the program, the CarbonetiX business in Frankston will I thank all the sponsors and say well done to all the kids benefit, and it has recently advertised for additional who participated and the parents who volunteered their staff members. time to help supervise. They were all fantastic company, as were my fellow bunkmates: Cliff Barclay; McClelland Gallery and Sculpture Park: Andrew Eales from the Courier; Mayor Craig Fletcher; 40th anniversary Anthony Schinck, the CEO of the City of Ballarat; and John Fitzgibbon from 3BA and Power FM. Mr SHAW — Two weeks ago the McClelland Gallery and Sculpture Park held it 40th birthday Frankston Special Developmental School: celebration, which was attended by a host of guests, Making Music Being Well program including the Premier — —
Mr SHAW (Frankston) — Last month Frankston The SPEAKER — Order! The member’s time has Special Developmental School held its Making Music, expired. Being Well initiative, which was coordinated by the Australian Music Therapy Association and Music: Play Children: cyberbullying for Life. Making Music Being Well took place in Ms HUTCHINS (Keilor) — I rise to discuss a hundreds of community settings across Australia. matter of great importance in my electorate and no Students played djembes, which are African drums, and doubt many other members’ electorates, and that is the sang a number of songs. Special tribute goes to Judy issue of cyberbullying. Unfortunately in the last week and Jill for their long and dedicated service to in the area of Brimbank six Facebook gossip sites have Frankston Special Developmental School. Some of the been set up which now have almost 2400 members. ways in which music contributes to assisting these kids The sites are run anonymously and are used to post include improving attention, communication and gossip, and students and teachers have been publicly speech, facilitating emotional expression and improving named on them. Many of the comments on the sites social skills. have included graphic allegations of sexual activity, Frankston electorate: ministerial visit insults and racist slurs. I rise today to condemn the sites and to congratulate the schools, Facebook and the local Mr SHAW — Last week the Minister for Education Star newspaper on taking action to have these sites shut visited the Frankston electorate, met for breakfast with down. school principals and assistant principals at John Paul College, and then toured Frankston High School, A child psychologist from Keilor, Melissa Juzva, has Mount Erin College and McClelland College to discuss come out publicly to discuss the impacts of the government’s plans for education and hear their cyberbullying on victims and to again call for these issues. It is fantastic to have for the first time this sorts of sites to be shut down. The impacts on students decade not only a Treasurer who is an accountant but named on these sites and on those who are the victims also an education minister who was a school principal. of cyberbullying can lead to depression amongst teenage kids, to children dropping out of school, to a The principal of Frankston High School, John Albiston, decline in their academic results and, in the worst and sent me an email after the visit stating that they were most serious cases, to suicide, as we have seen in recent most impressed by the minister as a person who press reports. exhibits the values of empathy and integrity. He also stated that it was the first time he had been assisted by a local member to have a minister visit Frankston High
MEMBERS STATEMENTS
2432 ASSEMBLY Thursday, 30 June 2011
Manufacturing: Danone-Murray Goulburn VASS has been seeking a meeting with the state joint venture government about this issue, in particular with the Minister for Community Services. We heard that VASS Mr TILLEY (Benambra) — Last Friday, 24 June, was in the building last night and the minister failed to the Deputy Premier and Minister for Regional and attend the meeting. Despite repeated attempts at Rural Development officially opened the newly meetings, the letters of support from myself and my MP expanded Danone-Murray Goulburn manufacturing colleagues, and the outstanding record of this plant in Tangambalanga. This $40 million expansion is organisation, and this service in particular, the funding part of a joint venture between Danone and Murray has not been renewed. At its heart funding for a service Goulburn and is a coup for local producers and the like this is about not letting anyone fall through the economy, bringing 50 additional jobs to the Kiewa cracks. As was reported in last week’s Hume Leader, a Valley. This new facility is the first major initiative great example of the work of this particular referral since the joint venture. service is that VASS is able to assist parents with newborn babies connect with the relevant support Danone is a Fortune 500 company and one of the most networks and systems, benefits and services to ensure successful healthy food companies in the world, with that they have all the help they need. I call on the sales in excess of $21 billion in 2009. Most government to reconsider its decision to abandon importantly, Murray Goulburn is Australia’s biggest funding for this intake and referral service, and I dairy processor and exporter of dairy foods. I welcome congratulate the manager and board of VASS on their this joint venture and congratulate the businesses on extraordinary work and energy. their role in feeding a very hungry world. I thank the locals for their tour through the plant and their Cost of living: government initiatives hardworking efforts. Mr NORTHE (Morwell) — The coalition Rail: north-eastern Victoria service government is continuing to deliver on its commitments to reduce cost of living expenses for Victorian families. Mr TILLEY — The good news keeps coming. Last For example, an extension to year-round electricity Saturday I was joined by the Minister for Public concessions for Victorians who hold pensioner Transport in welcoming the return of the V/Line concession cards, health-care cards or veterans affairs passenger rail service for north-eastern Victoria. I was gold cards will assist approximately joined by my colleagues from Seymour, Benalla and 815 000 Victorians. From 1 July 2011 first home Murray Valley to see that, while Labor took away the buyers who purchase a new home will have their stamp rail service more than two years ago, we have returned duty cut by 20 per cent, and this will assist in it. invigorating the housing market and improving housing affordability. By September 2014 this will increase to a The DEPUTY SPEAKER — Order! The 50 per cent reduction in stamp duty, while the existing member’s time has expired. first home owner grant will also be retained. Victorian Arabic Social Services: funding Ambulance subscription fees will be reduced by half on 1 July, which will see ambulance membership costs Ms GARRETT (Brunswick) — I rise to join my drop from $150 to $75 a year for families and $75 to colleagues from Thomastown and Broadmeadows in $37.50 a year for singles. expressing my deep concern about the failure of the There will be free entry for children at three of Baillieu government and its Minister for Community Victoria’s outstanding zoos in Healesville, Werribee Services to renew $150 000 in funding for the Victorian and Melbourne, and this will be welcomed by an Arabic Social Services intake and referral service. estimated 266 000 children and their families. Rebates VASS is a very important service provider with specialist expertise and knowledge in working with on water-efficient products for all Victorians Arabic-speaking-background communities and households will also commence from 1 July, including those on non-reticulated systems. Other measures such advocating on their behalf. Accordingly, VASS plays a as the Victorian gas heater rebate will assist Victorian key role for the people of my electorate, given the large concession card holders. These and many other Arabic-speaking communities that live in Brunswick. This service has been very important in my area in initiatives by the coalition government are practical particular. measures that stand in stark contrast to the previous Labor government, which gave Victorians myki, smart meters, HealthSMART, the Wonthaggi desalination
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Thursday, 30 June 2011 ASSEMBLY 2433 plant and $3 billion of lost revenue through its bungled expressed profoundly by other members of Corrections pokie fire sale. Victoria. Mr Prideaux was a fine leader and a capable administrator. I extend my deepest sympathies to his Clayton electorate: landfill sites family and to his many friends and colleagues throughout Corrections Victoria at this difficult time. Mr LIM (Clayton) — I raise the extreme concern of the community in the electorate of Clayton in relation to the continuing intolerable, disgusting and DISTINGUISHED VISITOR health-hazardous odour problem unnecessarily suffered by our community. I raised this as an adjournment The DEPUTY SPEAKER — Order! I welcome to matter last night, and I raise it again this morning to the gallery a former member for Mordialloc, Ms Janice stress the extreme seriousness of the community’s Munt. concern. I wish to draw the attention of the house to the fact that the horrible smell coming out of those offensive landfill sites has adversely affected the GOVERNOR’S SPEECH community, and so much so that some people feel compelled to sell their homes and move out of the area. Address-in-reply
Community members believe this government has Debate resumed from 7 April; motion of failed to take the correct action to safeguard their Mr GIDLEY (Mount Waverley) for adoption of health, quality of life and right to live in a hazard-free address-in-reply. environment. Community members know the Mr HERBERT (Eltham) — It is a pleasure, for the Environment Protection Authority, the government and third time now, to rise in response to a Governor’s the landfill operator could do the right thing, because speech. In doing so, I would like to add my they know what their responsibilities are, but the congratulations to those expressed earlier in the year to landfill operator has been allowed to not do the right all the new and re-elected members of this Parliament. thing, take the community for granted and treat Being elected as a member of Parliament is both an members of the community like people in Third World honour and a tremendous privilege not to be taken countries who have to live near rubbish dumps. This is lightly. On the other side of the ledger, sadly but not right, and I ask the Minister for Environment and inevitably each election brings about the loss of Climate Change to take serious action on behalf of the members, whether through retirement or defeat, and I community. The community is outraged, and I invite should like to place on the record my best wishes to the the minister to attend a public meeting on 20 July to former and my heartfelt commiserations to those in the witness the outrage of the community firsthand. This latter group, who have not rejoined us in situation should not be allowed to continue, and I 57th Parliament. I will miss the friendship and challenge the minister to attend the meeting. companionship of many hardworking members of David Prideaux Parliament who tirelessly toiled for their constituents. It is also unfortunate that it is often the hardest working, Mr McINTOSH (Minister for Corrections) — I highest achieving local members in marginal wish to express my profound sadness at the electorates who lose their seats as a result of statewide disappearance of David Prideaux, the general manager swings. Unfortunately when the flood comes down the of Barwon prison, who was lost and is now believed to political river even the strongest swimmers get washed have perished in the high country near Mount Stirling away. This is a fact of which many on the other side earlier this month. Mr Prideaux was a highly regarded could well take heed. and respected member of the community of Corrections Victoria. He joined the prison service in 1986. He I notice the member for Frankston is in the chamber. He progressed to the position of general manager of often uses the privileges extended to members in this Loddon Prison, and for a time Ararat prison, prior to chamber to undertake what I think are inappropriate taking on the demanding position of general manager at personal attacks on the achievements of the former Barwon prison. I had the opportunity of visiting member for his seat. That is something I have never Barwon prison and meeting with Mr Prideaux, and I done and something many on this side would never do. can attest to the high regard in which he was held by It would be more in keeping with the dignity of this Corrections Victoria and indeed by me. Throughout all place to show some respect to former hardworking my contact with the prison service since taking over as members of Parliament. minister in November last year that regard has been Honourable members interjecting.
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2434 ASSEMBLY Thursday, 30 June 2011
The DEPUTY SPEAKER — Order! I remind the forefront, in world terms, in the spheres of member for Eltham that he is speaking on the biotechnology and biomedicine. address-in-reply debate and ask him to come back to it. Labor achieved this through hard work, by working Mr HERBERT — I am indeed, and despite the with universities and researchers and by working in a government’s agenda, all of us in this chamber have collaborative manner with industry. Yet what do we see positions that we should not abuse by using the now? At this important conference at which there are privileges of this house to slag off people who are not 220 Australian business representatives and where there here. is money to be made, work to be gained and business to be brought to the state, we see a couple of junior I would also like to acknowledge the enormous faith departmental officials. Not even a senior departmental placed in me by the people of the Eltham electorate. At official was sent to this conference, and everybody is my 2001 preselection nobody thought Labor would talking about it. In New South Wales and Queensland hold the Eltham electorate for three terms, and it is a people are clapping their hands with joy that they are great honour — one that I will strive to live up to — taking over the reins of what was a premium position that they have re-elected me. I thank the Labor for Victoria in Australia. members and community members in my campaign team as well as my office staff for the enormous effort I think we need to look at the facts of what is happening and massive workload that they took on for myself and here: why are we fumbling? When in opposition the for Labor. It was a humbling experience, and I thank members of the now government promised to be them greatly. They are a tremendously dedicated and accountable and to end the spin. Do members decent group of people whom I can thankfully call my remember this? The government was going to ‘fix the friends. problems and build the future’. We have seen nothing in relation to this slogan since this government was At almost seven months this has been one of the longest voted in. ‘Fix the problems and build the future’ — debates of an address-in-reply to a Governor’s speech well, if this were a building site, it would have been that I have seen in this Parliament — at least since I tools down for the seven months it has been here. have been here. Over the seven months that we have been in opposition after having lost the election, I There has been absolutely no vision, no work and no believe that we have done what every opposition should building of Victoria whatsoever — in fact it has gone do — that is, keep the government of the day backwards. The housing market has slumped because accountable for its actions. In doing so we have been of the government’s unrelenting undermining of the kept busy. Almost every other day a new government Victorian economy, and construction has slumped backflip or broken promise has been revealed, an because of the lack of investment in infrastructure. important decision has been deferred to an inquiry, an Unemployment is on the rise because it has no investigation or a review — I think we are up to about commitment to jobs policy, and educational 160 or more now — has been announced, another achievements are plummeting because it is dragging dodgy deal has been uncovered or another $480 million out of the education budget. It is a inappropriate conversation involving government disgrace. This state is going backwards rapidly, yet ministers has been revealed. In seven short months the members opposite sit there — — government has shown that, true to its identity and in confirmation of what many of us have believed all Mr Newton-Brown interjected. along, it is a coalition whose members were never ready to take the reins of power and a government that Mr HERBERT — They sit there, including the is rapidly undermining Victoria’s security and member for Prahran, gloating — — prosperity. The DEPUTY SPEAKER — Order! I advise the I take this opportunity to make the point that this week member for Prahran that the member for Eltham does there is an incredibly important biotechnology not need assistance. conference under way in Washington which involves Mr HERBERT — He is gloating while this 220 Australian firms and government representatives, government is driving down opportunities in this state, including very senior representatives from other states. and he thinks that is in the interests of his electorate. I They are all out there trying to get the business that was do not think so. What about the promised openness and built up in Victoria over 10 years of Labor government, accountability? What about the promise to end the during which we placed Victoria at the absolute spin? ‘Open and accountable’ — what have we seen in relation to that promise in the seven months since those
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Thursday, 30 June 2011 ASSEMBLY 2435 members opposite have been in government? The gain. It is a disgrace. We also have the disgrace of what coalition promised an independent, broadbased happened with the former Director of Public anticorruption commission by 1 July. What do you see? Prosecutions, and we are still not getting answers about It is not here, it is not done and it is nowhere near in the full extent of conversations that took place in that sight. There are no plans whatsoever for it — that is, if regard. We have seen the Premier appoint Hazelwood it ever even happens. power station’s former principal adviser for public policy and regulatory affairs as the government’s top The coalition promised to introduce a code of conduct energy and resources adviser. What has happened to the for MPs — a code of conduct of which many on the target of a 20 per cent cut in emissions by 2020? Before other side should take heed — and it promised to bar the election members opposite were committed to it and ministers from fundraising until the code was in place. said they were going to reach it, but now it is an It promised to introduce a freedom of information aspirational goal. What an absolute disgrace. commissioner as part of FOI reforms, and it promised to establish a health services performance website by I refer to the 2009 Victorian Bushfires Royal this month. What have we seen? There is no code of Commission. We all remember that torrid and tragic conduct. It is not too hard — even the coalition’s hero time for Victoria when the bushfires raged. The then John Howard introduced a code of conduct in a federal Labor government established a royal commission, it act. Government members could copy his if they got the recommendations, it looked at them and it made wanted to. There is no code of conduct whatsoever. a decision. There are empty promises, and we still see ministers going to fundraisers left, right and centre. Honourable members interjecting.
There is no time frame for the appointment of an FOI Mr HERBERT — But so did the former opposition commissioner, and as we have heard in this place, make a decision. Members opposite said they would including just this week, there is a rapidly increasing implement every single one of the recommendations, number of refusals to release even the most basic and they still say they will. But all we hear is slipping information in relation to the probity of this and sliding on the issue of every powerline being put government’s actions. This is the most basic type of underground. They are slipping and sliding on all the information that every Victorian has a right to have, but major recommendations. Let us wait to see when that instead this government is closed down, locked up and happens. Is it going to happen in 2025? That is the other blanked out. The black texta is out, and the refusals are thing members opposite do: when it comes to policies becoming more common. If you put in an FOI request, they use a whole range of languages. They say, ‘Oh, in before the government members even look at it they 2025 we will implement that’, knowing full well they say, ‘No, no — we’re not going to tell the Victorian never will. public anything’. What about the health services website? It is nowhere to be seen. It was another bit of Planning is another matter. It is highly contentious. If empty rhetoric and spin from a government that you ask anyone in the community what they think, you promised to end the spin. are told there seem to be more private backroom chats about planning in this state than at any other time in our We come to the debacle at the highest level of history. Former planning minister Maclellan is in there ministerial integrity in terms of respecting the important advising the Minister for Planning about how to do offices of this state and allowing them the deals with developers. independence to do their job. We have gone through a torrid time in terms of a closing down of openness, a Honourable members interjecting. closing down of accountability and a closing down of The DEPUTY SPEAKER — Order! Government the integrity and probity that we expect from our members will come to order. institutions. Mr HERBERT — The green wedges in my area We have seen interference demonstrated in the are under threat right now. There was not a mention of disgraceful debacle of what happened with Simon it before the election when those opposite were wailing, Overland, the former Chief Commissioner of Police, groaning and moaning about planning decisions. Now where the man had the blowtorch put on him by the they are in office, anything goes and more green wedge most senior members of this government. He was a land has been opened up for development. It is an good, hardworking and honest cop who was a absolute debacle. What happened to, ‘We’re only going champion of accountability and transparency, and he to have development on major railway stations’? was cut down by this government for base political Remember that promise? That was the central point of
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2436 ASSEMBLY Thursday, 30 June 2011 the planning policy the government went to the election In respect of higher education, before the election there on; now it is out the door. What happened to was certainly no mention of scrapping the Melbourne 2030? It is out the door. There is now no apprenticeship completion bonus. That is an important planning oversight, unless sometime in the far distant tool; important money — — future the government gets a new agenda. The DEPUTY SPEAKER — Order! The What about grocery prices? Members opposite said member’s time has expired. they were going to help the battler by keeping grocery prices down, by keeping electricity prices down, by Mr O’BRIEN (Minister for Gaming) — It is a keeping public transport prices down and by keeping pleasure to rise to speak on the motion for adoption of water costs down. What are we seeing? Not prices the address-in-reply to the Governor’s speech. At the going down, down, down but instead going up, up, outset I congratulate the Acting Speaker and the up — with no action by the government to try to do Speaker on their election to those very important something about that situation. positions in this house in the 57th Parliament. I also extend my thanks to the people of Malvern who saw fit When it comes to something I am passionate about, to send me back here for another four years. It was very education, the picture is even more dreary. I know this good of them. When I was preselected my predecessor is not the fault of the Minister for Education, who is a in the seat, Robert Doyle, rose in this place and said of former principal, and it is not the fault of the Minister me the same thing that Jeff Kennett said of him, which for Higher Education and Skills, who is a former was, ‘Not even you could lose that seat’. I actually teacher. They are part of a cabinet that has taken a disagree. I think any member can lose their seat, decision to slash $481 million from the schools budget. because if you take the people in your electorate for They are part of a cabinet that as taken the decision to granted, they will understand that and will vote slash the schools capital bill. I notice that the member accordingly. I am very grateful to the people of for Bundoora is here. Students at Greensborough Malvern for sending me back here. I note that I College have to take blankets to school to keep warm received a reasonable increase in the margin; I hope because not a cent is coming from the government. The that is a reflection of the view of the people of Malvern school is in desperate need of being rebuilt. It was on a that I have worked very hard for them over the last four regional priority list for some time, but that went out the years, and I certainly commit to doing so again over the door because of the decision cabinet made to do capital next four years. planning in schools on the whiteboard principle and to say, ‘These are our commitments, and our marginal While I am discussing the election I would like to thank seats are the only ones who will get funding’. Forget it the officials of the Victorian Electoral Commission in if there are schools in Labor areas in the north or the Malvern, who were outstanding and professional as west that are falling down and where kids need always. I also thank the other candidates. There were opportunities. No, the whiteboard is out in the cabinet candidates from Labor, the Greens, and Family First. It room. Ministers write the schools on the board, have a was a spirited contest but one that was conducted in whip-around and say, ‘What is the school you want to good spirit, as I think all political contests should be fund for most political gain?’. Need does not matter. It conducted. I would like to thank all those people who is a disgrace. participated. It was an important election for the people of Malvern. In many ways they were at a crossroads. Mr O’Brien interjected. There were a number of policies which the former government either had implemented or was threatening Mr HERBERT — I hear the minister opposite to implement which would have caused some saying the government is keeping its commitments. significant damage in my community. The election of That is fine, but there is still no articulated policy in the Baillieu government allowed us to put an end to terms of capital forward planning for education. No those policies. school has a clue whether it is going to get rebuilt, what it has to do or whether it has a chance of the school The most obvious of those relates to clearways. The being fixed up. They have not been given a clue. The Brumby Labor government’s clearway extension policy truth is that the government has not done it because it was having a massively detrimental impact not just on has not assigned the money in the forward estimates to the local traders of my community but also on the build the schools and to keep its commitment to match residents. It was a terrible policy. It was hurting not just Labor’s promise that every school in the state would be local traders, who found that many people would refuse rebuilt or modernised. This is another commitment out to shop in those strip shopping areas if they could not the door, down the drain, washed down the river. get parking, but also local residents, because people
GOVERNOR’S SPEECH
Thursday, 30 June 2011 ASSEMBLY 2437 who wanted to park near the strip shops would instead a double-storey portable classroom put into Armadale park on residential side streets. This was a policy which Primary School. There was a terrible situation where hurt local residents and hurt local traders. the kids at Armadale Primary School had to have split lunchtimes; they could not have all the kids in the Mr Newton-Brown — It was a disaster. playground at the same time because the area was so small. The coalition made a clear commitment prior to Mr O’BRIEN — As the member for Prahran points the election and I was delighted to be able to go out to out, because he was as affected by this as I was, this the Armadale Primary School with the Minister for was an absolute disaster. It cost small businesses tens of Education and see not just the faces of the kids but also millions of dollars. and for what? Where was the great the faces of the teachers and the parents, who are just benefit? Where was the great improvement in public delighted that we have delivered on this commitment. transport times as a result of this policy? The former That portable classroom will be in place by the end of Labor government also implemented this policy in the the year and will make such a difference, not just to the city of Moreland. I understand that one of the surveys education but to the quality of life of the students at reported at the time in the Age newspaper found that the Armadale Primary School. I congratulate the Minister average time saved on a tram journey in Sydney Road, for Education on addressing that problem. Brunswick, as a result of the clearway extension was 14 seconds. We had a government which would The government has provided $2.5 million for planning happily put small business out of business, costing works for the removal of the Burke Road, Glen Iris, people jobs and inconveniencing residents, for the sake level crossing. This is something the shadow Minister of a 14-second time saving. Fourteen seconds is not for Public Transport has been condemning. He has been even enough time to get home, turn on your TV and see saying ‘This is terrible, this is inappropriate, what a bad one of those stupid Labor Party advertisements telling priority’. I was fascinated to see that just a couple of you how it would improve the public transport system. weeks ago the Age newspaper carried an article about Labor would put people out of work, shut down this specific crossing which reported that members of businesses, cost tens of millions of dollars in trade and the Rail, Train and Bus Union (RTBU) had been put people at risk by increasing parking and traffic complaining about the crossing. They were saying it movements in residential side streets to save was unsafe, saying that there had been so many 14 seconds. derailments where the tram tracks cross train lines and how it needed to be fixed. So you have a state The member for Brunswick, when she was mayor of opposition — and in opposition it usually goes back to the City of Yarra, opposed that rotten policy. She had its narrow little union base — that is even out of touch the courage of her convictions at the time and opposed with its narrow little union base. The RTBU thinks the that rotten policy because it was a dud. I acknowledge opposition gets it wrong and that the shadow minister her for that. I especially acknowledge the work of does not understand what she is talking about — and Cr Tim Smith, who was then mayor of the City of the RTBU would be absolutely right. The opposition Stonnington. He stood up to bullying and intimidation does not get it, and that explains why it is now in by the former government and the former Minister for opposition. Roads and Ports and the former Minister for Public Transport; he stood up for his community. As a result The people of Malvern will also get more police, which the coalition was elected and one of the first things it will be terrific for the hardworking officers of Malvern did in office was to get rid of that rotten clearways police station who do a terrific job, and they will also policy. be getting Victoria Police protective services officers (PSOs) on the train stations in the evening. As the Mr Herbert interjected. member for Malvern I represent an area which includes Mr O’BRIEN — I hear the interjection by the Malvern station where a severe bashing took place not member for Eltham and I wonder what the former that long ago. A man exited a Frankston line train at member for Prahran thinks about that clearways policy. Malvern station and was set upon by a group of thugs Given there are 45 seats on this side of the house and who were on the train. He was bashed senseless on the 43 seats on the other side I am wondering how clever platform. This happened at night. That sort of thing we that clearways policy is looking now. can confidently assume would not be happening if you had Victoria Police protective services officers on those There are some other good outcomes from the election platforms. The people of Malvern look forward to for the people of Malvern. I have mentioned this seeing that policy being implemented. Once those previously but we have finally got some money to have PSOs are out there on the system, at the train stations making Victoria safe, let us see where the opposition is
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2438 ASSEMBLY Thursday, 30 June 2011 then. Let us see whether it is going to take those PSOs five weeks worth of papers for you to look through and off the stations. Let us see if opposition members have sign’. If you multiply that by three portfolios, that was the courage of their convictions and scrap the policy. 15 weeks worth of paperwork — and no staff. They Let us see if they do it. I think they will not; I think they said, ‘Good luck, go to it!’. It was a baptism of fire, but will not have the guts. I think this is just political I would like to think that we have come through. The posturing and when it comes to the crunch they will go good thing was that we had enunciated clear policies; weak at the knees and say, ‘Actually, we will keep the we had a road map and an agenda — and we have spent PSOs’. It remains to be seen and if I am proven wrong I the last seven months implementing that agenda. will be delighted because I would be very happy to go to the next election saying that the Victorian In relation to energy, we said we were going to try to government will keep PSOs at the train stations and reduce pressures on the cost of living. One thing we did keep people safe but the Labor Party will not. very early on was extend the 17.5 per cent energy concession year round. This is a massively important I would like to thank my campaign team in Malvern; it thing for people on low incomes, because energy bills is a tough and thankless job. We all have our own are rising. People on both sides of politics acknowledge campaign teams and they all work extremely hard. I that is happening, and that they will continue to rise. If had a terrific team led by Greg Hannan — I will not we get a carbon tax in one form or another, the rise in mention everyone. Greg was a terrific person to work the cost of energy is likely to continue at a great pace. with. He understands the local area and he had a great The fact that the state government was prepared to step team around him. I congratulate and thank him and all up to the plate and extend the energy concession, not of his team for all the work they did for me and for the just for 6 months but 12 months, is a significant and Liberal Party in the area. I would also like to thank my practical thing this government has already done to try electorate office staff, led by Alexander Seccombe and to help those who are most vulnerable in our Sujay Capoor. They are very hardworking and diligent community deal with the cost of living. and they did a terrific job. I also thank my family. The families of politicians put up with a lot, either with Last week I was pleased to announce that the having to attend the things we drag them along to, or government had decided to double the Victorian energy during the times we are not home. They have to cope efficiency target scheme. From 2012 we will cut with a lot because of the career we have chosen, and I greenhouse gas emissions from 2.7 million tonnes per think every politician appreciates what the family goes year to 5.4 million tonnes per year for three years. We through. I certainly do and I place on record my will also extend the scheme to business and introduce absolute love and thanks to my family as well. new products such as stand-by power controllers, which can be subsidised under this scheme to try to keep As a member of a new government I would like to energy prices low. These are the sorts of practical congratulate all new members on both sides of the environmental and energy efficiency policies this house. It is an important responsibility being a member government implements. They stand in stark contrast to of Parliament, and the fact that we have so many new some of the mickey mouse schemes that the former members on both sides of the house is good. It is government engaged in, which actually drove up the always good to have fresh blood. As the member for cost of energy bills and did not help the environment. Eltham mentioned, there are always some hard luck The mickey mouse nature of those schemes was stories on both sides and I acknowledge those too. I identified by the Auditor-General in his report earlier congratulate the Premier and the Deputy Premier on a this year. We will not go down that same path. We are very disciplined campaign, not just over the four or five interested in practical outcomes that help families with weeks of the election but throughout the previous years. their bills and help the environment, not mickey mouse It led to this terrific outcome for the coalition which schemes that add to costs and deliver nothing for the saw it securing government. I also congratulate the environment. That is the Labor way; it is not our way. opposition leadership. Opposition is a very important role — the better the opposition the better the I refer to another stark contrast with the previous government. I congratulate the member for Mulgrave government. When the former government tried to on his elevation to Leader of the Opposition. cuddle up to the Greens it said it would close down 25 per cent of Hazelwood power station by 2014. This It was a big thrill to be appointed a minister. On day would have cost hundreds of millions of dollars, not $1 one in the office you are congratulated by the of which was funded for in the then government’s departmental secretary or, in my case, secretaries. They budget. It was an unfunded promise. It had no plan in said, ‘Minister, it’s great to have you on board. Look place to replace the regional jobs that would have been we’ve had five weeks of caretaker mode so we’ve got lost and no plan to deal with the price rises that would
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Thursday, 30 June 2011 ASSEMBLY 2439 have resulted. Because the former government had no It is an emblem for that diminishing Australian value, a plan in place to replace that baseload power with fair go for all. Victorian baseload power, we would not have seen Hazelwood closed and replaced with wind or solar Politically it is our noble obligation to help build power because those energy forms are intermittent, not cohesive communities. During the Bracks and Brumby baseload. We would have seen Victorian brown coal era, Labor delivered the infrastructure that had been electricity replaced with New South Wales black coal denied the community for decades, but the muscle jobs electricity. Victorian Labor’s regional jobs plan was a in Broadmeadows that helped to underwrite Victoria’s plan for jobs in the Hunter Valley of New South Wales prosperity are disappearing, largely due to at the expense of jobs in the Latrobe Valley in Victoria! globalisation. Unemployment is three times the national No wonder the Gippsland Trades and Labour Council average. Broadmeadows remains one of the most said its members were pleased by the coalition’s disadvantaged areas in Australia and has reached a announcement that we had decided not to pursue defining point for the values of Victoria. We must look Labor’s reckless policy. forward with a long-term vision to honour the labour and courage of its people. The response required is In the remaining 15 seconds there are many other things beyond regret, the news and election cycles. What we I could talk about in my portfolios, but time will beat do next is critical in defining the future of the capital of me on this occasion. It is a pleasure to be back here for Melbourne’s north, one of the economic engine rooms four years and a pleasure to be on this side of the of Victoria. It is not simply the right thing to do to Speaker’s chair. I look forward to working with my invest in Broadmeadows, it is the smart thing to do. colleagues to deliver good government for the next four years. Education and jobs are crucial. This is why I have campaigned relentlessly for the coalition to complete Mr McGUIRE (Broadmeadows) — On behalf of Labor’s vision and relocate the Melbourne wholesale the original Australians and their sons and daughters fruit, vegetable and flower markets to Epping. This is a who cared for our commonwealth, the families who had project of state significance and the biggest job-creation the imagination to dream of a better future and the project for Melbourne’s north. and I am delighted to see courage to cross the world to call Australia home, and that the Treasurer is at the table. I hope he will address everyone privileged to be born in one of the world’s this issue. It will deliver a range of rich opportunities most livable cities, I rise to address my hopes and for increasing Victoria’s growth, providing an aspirations for Victoria’s 57th Parliament. estimated 10 000 jobs through the market’s relocation Broadmeadows is my heartland. It is important because and complementary businesses. That is the equivalent it symbolises hope. During the Dreamtime it was of four Ford motor companies being introduced into the bountiful. When an adolescent nation went to war, region. training was provided at the Broadmeadows camp for the diggers whose valour shaped an Australian identity It would also reduce the cost of living, which is vital for amid the folly of Gallipoli’s fatal shore. In Melbourne’s Victorian families. The Baillieu government’s failure to eye, it is a relatively new suburb. In the 1950s the then commit to this project has had a negative impact. I have housing commission acquired 5000 acres of land on been told that multimillion-dollar investments have which to build a model city and Broadmeadows has been put on hold because the government has been grappling with the problems ever since, as repeatedly failed to meet its own deadlines for Andrew Lemon noted in his aptly titled announcing its decision on the project’s future, but I am Broadmeadows — A Forgotten History. still optimistic that this deal will eventually be closed. The arguments for the relocation are imperative; they But this proud community is forging a new identity and were run and won years ago, and by any objective future from the attributes that largely determine where analysis they are compelling. They need to be recapped everyone ends up in life: attitude, education and here because of their significance to Victoria, opportunity. Broadmeadows has evolved into virtually particularly in light of the Treasurer’s comments in the United Nations in one neighbourhood. In recent talking down the project in recent days. I am glad to see times parents from 140 countries have crossed the the Treasurer in the chamber, and I hope he can see that world with children in their arms and hopes in their this is a bigger picture project that is worth fulfilling. hearts, searching for a better life, as my family did before them. Only the accents, not the aspirations, have The wholesalers, retailers and growers who use the changed. Broadmeadows is now the iconic flashpoint markets and lease space there made it clear years ago for crucial challenges confronting Australia, including that they backed the Epping site as their preferred multiculturalism and the demise of local manufacturing. location for a new market, which is important because
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2440 ASSEMBLY Thursday, 30 June 2011 it is a growth area. They said that if they had to move, project would tailor emerging education technology to then moving north was their preferred proposition. develop lifelong learning, undertake training and create Eighty per cent of the produce comes from the north, smarter jobs for those from disadvantaged which means that produce from rural areas in backgrounds. It would be coordinated across the three Victoria — the Goulburn Valley, Albury-Wodonga, tiers of government and link universities, TAFE Mildura and central Victoria — and interstate will be colleges and the community with local employers, catered for in a contemporary, purpose-built site with unions and industry groups. ample room for expansion, which is important for this critical industry. Hume City Council, Victoria University, RMIT University and Kangan Institute are already committed It will also avoid costly traffic congestion and its to this project to address cultural, generational and detrimental impact on productivity and quality of life systemic disadvantage. A multiversity would raise for tens of thousands of Melburnians. The relocation aspirations in an area that has one of the lowest will stop market traffic driving through inner city participation rates in tertiary education. Just as streets and suburbs, thereby reducing haulage costs. It is significantly, it would train local people for local jobs, also predicted to reduce the cost of fruit and vegetables and that is really important. It would do that by offering to Victorian families, which is an issue of vital courses from a range of universities and TAFEs and by importance being discussed at dinner tables most nights providing a coordinated pathway to employment. I look of the week. This is one of the most crucial cost of forward to providing updates on this educational living issues confronting Victoria. evolution. A multiversity would build on Labor’s $60 million investment in schools regeneration, which I The relocation will also allow for an extension of the am glad to see the coalition is committed to complete. port of Melbourne, creating significant benefits for trade and growth for the Victorian economy. I know the Under Labor’s schools regeneration plan for Treasurer will fully understand the significance of this. Broadmeadows, 17 schools agreed to merge into 9, a This is about building the macro part of the economy as process that involved intense and, as I am sure well as taking care of the industries that help make us a members can imagine, often heated debate among local prosperous city. I am still optimistic that the families. Before this about 1000 students were leaving government will see the bigger picture on this. I know it the area each year to seek education elsewhere. That is a complicated deal that has to be organised and exodus has ceased. There are now state-of-the-art resolved, but I am still hoping the government will see facilities in many schools and the results are following, that on balance it is a project which is worth its value both academically and creatively. and which will deliver for Victoria for decades into the future. Meadows Primary School is a classic symbol of this change. The school is in the street where my family Business craves certainty. Melbourne’s north, grew up, so I have witnessed its development from the particularly Broadmeadows, craves jobs. One of the days when it was known as Broadmeadows East issues surrounding the complexity of closing the deal Primary School and resembled a bunker from the for the markets is that during the 2006 election Second World War. Now it is a landmark building. The campaign the now Premier said that the wholesale school has forged a creative relationship with the markets would not have to be relocated if he became Melbourne Symphony Orchestra, where students not Premier. My great hope is that this will not stand in the only learn from musicians of international standing but way and that it can be resolved over time in the interests also have the inspiring opportunity to perform on stage of building Victoria’s future. This is now a matter of with them. Driving away from the recent opening of urgency. these facilities, the sounds of classical music reverberated through the neighbouring streets during Another critical issue is that in Broadmeadows and in the children’s playtime — a magnificent tribute to all other areas that get left behind we need to build social the partners involved. infrastructure. We need to give people not just buildings but also inspiration and aspiration. I have Today, 30 June, is the deadline for the coalition to been working with the community in Broadmeadows commit $11 million as part of its share of delivering a for some time to try to develop Australia’s first vital health project worth $50 million for Melbourne’s multiversity as another ‘light on the hill’ project for north. This is an outstanding opportunity to build the Broadmeadows. We are working collaboratively to future all day, every day. In this case the need to deliver deliver innovation and the next evolution in the use of the academic and research precinct to enable medical, technology to help connect the disconnected. The nursing and allied health professionals to be trained at
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Thursday, 30 June 2011 ASSEMBLY 2441 the Northern Hospital is not only known and has wrongly claimed that VASS does not care for a understood, but it has been detailed in the coalition’s broad range of families; in fact VASS has been praised metropolitan health plan. Under the shadow of its first for its diversity. It is a needs-based charity that provides budget, the Minister for Health slipped his plan out in a mainstream and targeted assistance, and that is the classic tactic to avoid critical scrutiny, and he has been critical point. ducking scrutiny since. There are other issues I want to address that go to the Here are the disclosures that count. The outer fabric of Victoria and what has made Melbourne in north-west is expected to experience the highest particular one of the world’s most livable cities. percentage population growth of all planning areas in Victoria. That growth will be almost 50 per cent during I am in a unique position in this Parliament, being the the next decade, These are the revelations the Baillieu most recently elected MP, but I also have a memory of government wanted to cover up, because they define and connection to this place and all its premiers dating the life-and-death need for this project. What makes the back more than three decades. One of the most critical government’s decision worse is that its failure to things we have to address as the 57th Parliament of commit to this project means the deal may collapse and Victoria is to make sure that we do not repeat the the opportunity may be squandered. The mistakes of the past. These are about the values that we commonwealth government’s $14 million commitment want to uphold, the projects that we want to pursue and expires today. The Baillieu government knew that in our priorities. advance, which makes its decision irresponsible. The coalition’s biggest promise to win the election was that One of the things that has really disturbed me in the it was going to ‘fix the problems and build the future’. little more than 100 days I have spent in this place is In this case the coalition is the problem. what is going on with the growth areas infrastructure contribution proposition, which I have described as Budgets reflect priorities. The coalition’s decision to effectively establishing a favour bank between the fund the shotgun education program that it boasts will Baillieu government and developers. This opens the help hunters improve their practical shotgun skills door to potential corruption and, in my view, is ahead of this life-saving education project is folly. This dangerous for democracy. I support a process between project needs to be readdressed, and money needs to be government and developers to deliver infrastructure, found to deliver this project of vital health need for all but it needs to have an independent evaluation process the northern metropolitan region and in particular for to determine the value. It also needs to be transparent so my electorate of Broadmeadows. that the value proposition can be compared and contrasted in the best interests of the public, in fairness Another issue that falls under the category of building to developers and for the probity of government. cohesive communities is the Baillieu government’s Developers want certainty, not secret deals. This decision to axe Labor’s $150 000 funding to a process is open to abuse as to how the contributions of needs-based charity in Melbourne’s north that provides developers are valued, and I think it needs to be mainstream and targeted assistance to help families addressed. from 40 ethnic groups settle into Australia. This was a cruel decision made in ignorance, and that is the fact of Mr WELLS (Treasurer) — I would like to start by the matter. I do not like to put it as bluntly as that, but thanking the good people of the electorate of Scoresby that is really what has occurred here. For six months the for having put their faith in me and re-electing me Minister for Community Services has refused requests again. I serve the people of Scoresby with great honour, to even meet the Victorian Arabic Social Services; she and it is a great area to represent. simply cut its funding. In the spirit of cooperation and bipartisanship, last night I invited the minister to attend I would just like to make a couple of points at the very a meeting of the VASS board here in the Parliament to start. In 1999 when Steve Bracks won government, try to address the issue. The minister refused that Labor made five key promises to the people of the outer invitation, but I am still hoping we can build a bridge east to win their hearts and minds. The first thing, and and show how important it is to achieve something in one of the key planks, was that it was going to extend this community. the tramline all the way through to Knox City. That was a key plank, a core promise. Labor provided that funding because it understood that this charity is inclusive and cares for disadvantaged The second thing was that it was going to put money Australian-born and migrant families throughout the aside for a Rowville rail feasibility study to look at community, based on need. The Baillieu government extending the rail line from Huntingdale station right
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2442 ASSEMBLY Thursday, 30 June 2011 through to Rowville. The third thing was that it was it was only a feasibility study. Who am I talking about? going to provide a 24-hour police station in Rowville. None other than the shadow Minister for Public The fourth thing was that Waverley Park would be Transport, the member for Northcote. I guess that maintained for AFL footy. That is what Labor said. The exemplifies that the ALP lied to the outer east while we member for Dandenong led the charge. We all marched are actually delivering. There were constant mistruths. on Parliament House, and he was there at the front of As the last election showed, there was a huge swing in the queue to make sure that Waverley Park was the outer east. We committed to the Rowville rail maintained for AFL footy. The fifth thing, and it may feasibility study. have escaped the hearts and minds of most people, was that there would be no tolls on the Scoresby freeway. Mr Wakeling interjected. Even more embarrassing was that when Ian Henderson from the ABC asked Steve Bracks in a debate to repeat Mr WELLS — I just paid you a compliment! his answer to the question, ‘Will there be tolls on the I remember with great interest what the former Premier Scoresby freeway?’, Bracks said, ‘No, there will be no said when he was asked whether there would be any tolls on the Scoresby freeway’. Guess what happened narrowing of Stud Road with the building of the on 14 April the following year? All of a sudden the Scoresby freeway. He gave a rock-solid commitment government came out and said there would be tolls. that there would be no narrowing of that road. Guess There is one thing that can be learnt in the outer east what happened? The former government put bus lanes about the Labor Party — never, ever trust it. Every on the busy, three-lane Stud Road, which is jam-packed single one of its five key planks and core promises in the entire time. That lot over there in the former 1999 was broken. Not one of them was delivered. The Brumby government came out and said, ‘We will help tramline to Knox City did not happen. Labor refused to you. We will actually take a lane away and make it just commit one cent to the Rowville feasibility study, an exclusive bus lane’. Instead of there being three which was going to cost about $2 million. We did get a lanes for congested traffic, all of a sudden it became police station in Rowville which is open for about 8 to two lanes and it became an absolute nightmare. 10 hours a day; the rest of the time it is shut. Waverley The member for Ferntree Gully would recall the Park is now the home of the Hawthorn Football Club. expression of outrage in the local newspapers, as people We are all paying tolls on the Scoresby freeway. The felt shafted once again by the Brumby government, outer east will remember with disgust and disbelief that firstly, regarding the commitment made by the then Labor came out in 1999, made promises and then broke Premier that there would be no tolls on the Scoresby every single one of them. Labor cannot be trusted. freeway, and secondly, regarding the narrowing of Stud One of the key promises Labor made has now been Road by putting in a bus lane, thus forcing people on to fixed by the Baillieu government. I pay great credit to the tollway. The buses that were running up and down the member for Ferntree Gully, who worked very hard Stud Road were empty during the off-peak periods, and with myself and the then shadow Minister for Public the cars were just jammed in. It made absolutely no Transport, Terry Mulder. We have now been able to sense. The member for Ferntree Gully and I officially announce that the Rowville rail feasibility campaigned very strongly to make sure that we got rid study will go ahead. There has been a budget allocation of that bus lane on Stud Road between Ferntree Gully and the community consultation has actually started. and Kelletts roads, and we were able to deliver that on This is another example of the fact that when we make time, before 31 March. That is absolutely great news. a promise and a commitment, we actually deliver on We have also committed to a boost to revegetation it — every single time. That happened on 17 February, along Dandenong Creek. We have a good, strong and we are very proud of that. The feedback we have environmental policy to be able to boost the had from the people of Rowville and Wheelers Hill is revegetation along Dandenong Creek, and that is that they now see that the Baillieu government keeps its primarily in Jells Park. That is another great project that word and work is going on. we are working on.
I was dismayed when I read that the shadow minister One of the other mistruths put out by the previous for whingeing, whining and carping was criticising the government was in relation to a 24-hour police station announcement about the Rowville feasibility study, in Rowville. We have committed to making sure that it saying it is only a feasibility study. That is what we is a 24-hour police station, and we are delivering on it. promised, and we are actually delivering on that We have said we will be putting on an extra promise. But the shadow minister for whingeing, 1700 police and expect that the Chief Commissioner of whining and carping came out and criticised us and said
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Police will be making sure that there is a proper always relied on Lisa to get on and make us all laugh. I allocation of officers to Rowville police station. We are thank those at the mobile polling booths, Felicia and also boosting police numbers at Glen Waverley police Tom, who did an outstanding job. I thank the office station, which is good news. manager, Marg Briggs, who has been with me since 1991. I especially thank my two parliamentary We will also stop the ridiculous and illogical painting colleagues, the member for Bayswater and the member of bus lanes on Wellington Road. Is it not ironic? You for Ferntree Gully. Not only are they great mates, but I have a single lane of traffic so you get out there and could not possibly get two better people to work with as campaign to get it duplicated, and everyone says, MPs representing neighbouring electorates. Sometimes ‘Thank goodness that you have duplicated it’. Then you we have our differences, but then we have a laugh and spend more taxpayers money on a third lane after more get on with it. The amount that we have been able to and more campaigning. Then this mob opposite, when achieve between us has just been absolutely in government, came along and took away one of the outstanding. lanes and made it a bus lane. One has to ask, ‘Why have we spent all that taxpayers money to go from a I give very special thanks to my family, Judy, Sam, single lane to two lanes, and even to a third lane, when Tom and Tahnee, who were absolutely amazing in very the Labor government just wants to take the third lane difficult circumstances — and I say very, very difficult away and give it to buses?’. It just did not make any circumstances. No matter how much the ALP dirt unit sense. threw at my family, we held firm. We could not believe just how grubby and disgusting the ALP was; the fact As I said, former Premier Bracks made a number of that it could stoop so low in attacking my family, and commitments with regard to motor vehicle lanes, especially one of my kids, was beyond belief. We know including on Stud Road, and the previous government how desperate some people can become, but I would continued to break them over and over again. I know never, ever attack a family member of another the member for Ferntree Gully and the member for opponent; I would just feel sick in the stomach. It just Benambra met with the local police at Rowville police does not sit well with me. My family will never forget station, who I know will be very pleased to get these or forgive those members of Parliament who were once extra police. Rowville and Lysterfield are growing very ministers of the Crown who oversaw that ALP dirt unit. quickly, so it is very good for local residents. We will never forget that. I think we are a pretty forgiving family, but the things that were said went I would just like to thank my campaign team, which over the line. was ably led by David Apelt, Clive Ward, Lois Hutchins, Ev Duke, Gary Underwood and the My last and my biggest thanks go to Glenn Corey and committee. They all worked very hard. I thank also the Chris Costello, two amazing people who have been branch presidents of the branches in my electorate in with me for the last 15 years. They were just amazing the outer east, Glenda, Tom, Ev and David, and the during the whole local campaign and Treasury hardworking branch members — people on whom campaign together. Chris worked seven days a week for members on all sides of politics rely so heavily. The months and months running the local campaign without amount of work that the branch members did was just any assistance from me. She dealt with the volunteers, outstanding. I thank Lois, who did an amazing job with the constituents, the head office of the Liberal Party, the the prepolling and an outstanding job organising campaign team and the media. She did an amazing job everything. It seems that more and more people want to coordinating everything. To Chris I say: I am truly prepoll, and the size of those prepolls these days is just indebted to you. I must also thank Alan, her husband, amazing. I thank Kimmy, Rob, Lois and Baby for for being so incredibly supportive during those difficult organising the catering on election night. I thank Ron times. I say thanks to Glenn, who pulled together all of Teisler for organising the photos, the stakes, the polling the Treasury policies and oversaw the election costings. and the polling booth equipment — anything we asked What a massive job! Whether it was midnight with of him, he just got on and made sure that the work was shadow ministers arguing the point or the early done. I thank Ev, Arthur, Geoff and Gary for making morning meetings, the time that Glenn put in was just sure that the funds were available. I thank my best an extraordinary effort. He is a brilliant intellect. We mate, Dan Quagliani, for driving us around on election knew our costings were accurate; in fact we knew our day; he is just always good fun. costings were dead on, and of course this has been confirmed by Treasury. So I say a very special thanks I thank the volunteers in the office, Lorna, Glenda, to Glenn and Chris. Corey and Lisa, who also kept us very much entertained; when we were feeling a bit down we
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I am very proud to be a member of the Baillieu being the fantastic reality it is today. I am pleased to see government. We are committed to honest, decent and that the tennis courts at the back of the centre have now transparent government, and I think it is time that been completed. Light towers and other works Victoria was able to see that in a government. associated with the aquatics centre have also now been completed. The whole recreational centre is fantastic Mr HOWARD (Ballarat East) — I did not actually and is there for the people of Kyneton. There is also the think I would be able to make an address-in-reply to the ARC recreation centre project in Daylesford. I hope it Governor’s speech in this Parliament. I thought the will continue to be a great facility for young people. A opportunity had been missed and that we had not been broad range of people across Daylesford are able to accorded the opportunity. But here we are, one day come to the centre at the secondary college to play short of July, and I finally get that chance. I am very basketball and a range of other sports. pleased about that. I note in replying to the Governor’s speech that in fact we have had a change of Governor The facilities at the Wallace Recreation Reserve have since that speech was made. I congratulate the new also been improved and the soccer centre at Morshead Governor and also the former Governor, David Park in Ballarat has been upgraded. That is of great de Kretser, on the great job he did, along with his wife value to the people across my electorate, as are the Jan, in their time in office. I wish them well in the upgrades to so many netball courts, bowling greens, future. tennis courts and other sporting facilities. As well as those improvements there was also the provision of Now that I have the opportunity to respond to the water tanks and other drought-proofing measures at the Governor’s speech and talk about the issues associated Dunnstown reserve and many other recreation reserves. with the election and since the election, I want to say of They were things that the people of Ballarat East course I am very honoured to have been elected for a clearly appreciated. I was pleased to work in fourth term by the people of Ballarat East. Despite the conjunction with many of the people who had voting swing that went against the former Labor aspirations for those projects. It is very satisfying to see government, it was clearly pleasing for me to find that that those people recognised that at the election. They the swing was smaller in my electorate. It showed that supported me in my re-election. the majority of voters were appreciative of the efforts made by me and by the former Labor government to The people of Creswick were excited to see the support their communities. I believe the election result reintroduction of passenger train services to their town. showed that the people of Ballarat East appreciated the The station facilities were rebuilt so the people of very broad range of infrastructure projects and the Creswick can now catch trains from Creswick through overall support provided in a whole range of funding to Ballarat and to Melbourne and other parts of the areas to support people across the electorate. state, as well as to Maryborough. That adds to the significantly upgraded bus services provided in These infrastructure projects included new police Creswick for travel to Ballarat. Additional bus services stations at Kyneton and Buninyong, which have now were provided to the people of other rural communities, recently come into use. Other projects have included including Mount Egerton, Gordon, Hepburn Springs hospital upgrades. There has been a significant upgrade and Daylesford. Bus services now run to train stations at Trentham hospital, which has just recently been such as Ballan to enable people to connect to the rail opened, and a number of upgrades have occurred at system and travel to Melbourne or Ballarat. There are Ballarat Health Services and at schools in numerous also bus services from Melbourne to Ballarat. People towns across my electorate, including Daylesford, across my electorate recognised that there were so Trentham, Hepburn Springs, Creswick, Gordon, Ballan many things that were of value to them and their and Meredith. Napoleons gained a new school in the communities. They were very pleased to see those term of the Labor government, as well as Ballarat and things happen. Buninyong. So many schools had their facilities either rebuilt or upgraded significantly during our term of We have seen the regional rail upgrade. There have government. been major upgrades to services between Ballarat and Melbourne and between Bendigo and Melbourne. That Sporting facilities, including the Kyneton aquatic has been of benefit to my constituents in Malmsbury centre, which is a great feature, were supported by and and Kyneton in particular. Both of those services meant funded by our government for the people of the the upgrade of tracks and new carriages. Terrific Kyneton region. I was pleased to be part of the process V/Locity carriages came onto the lines. There was a of seeing an enthusiastic community group who significant increase in the number of services. People in supported the project taking it from being a dream to towns across many parts of my electorate are now using
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Thursday, 30 June 2011 ASSEMBLY 2445 trains much more than they ever did before. The Mr HOWARD — Members on the other side of the services are terrific and comfortable, and they enable house seem to think it is a great thing to justify it and people to get in and out of Melbourne or Ballarat or the say, ‘We as a state government cannot continue to many other places along those lines. The people of my provide funding for these services, and we will just be electorate benefit from that. There were great pulling it back’. I hope they are not really thinking that achievements over the time of the previous but think it is important to do all they possibly can to government, particularly in terms of public transport. support those occasional child-care services both in those rural communities and elsewhere and not just say, There are also new and improved fire stations. Over ‘We are pulling back. Bad luck! We have supported it recent years we have had a number of very severe fire for a bit longer than the Brumby government did. We events — Black Saturday was the major one. Towns in are giving you an extra six months support’. Then those the Daylesford area and around Mount Clear and members will say, ‘It is sad, but we will just throw it Mount Helen in my electorate were not affected by back and blame the federal government’ and then those Black Saturday, but they were affected by fires around communities will lose out. I cannot believe I am that time during the summer. Firefighters in the hearing people on the other side of the house who seem Country Fire Authority (CFA) in my area worked so to be trying to justify that. That is one reason why well to support firefighting locally and more broadly members of my electorate are starting to be very across the state. They have appreciated the support disappointed in this new government. from new fire stations at a number of centres, including Newlyn and Napoleons in the Ballarat East electorate. I want to talk about men’s sheds. Much funding was Fire tankers were supported through the community provided to build new men’s sheds and upgrade safety emergency support program, and CFA units existing men’s sheds. I am pleased to be going to were able to obtain upgraded equipment. The funding Daylesford in a couple of weeks to open the new men’s the units were able to raise went so much further. They shed there. Men’s sheds are great facilities that provide were able to get new firefighting facilities much sooner men in our communities with a place to go to and than they had ever envisaged. support each other during the day. Men’s sheds offer many health and social benefits. I am a great supporter It has been great to work with so many neighbourhood of the men’s shed movement, and I trust that we will houses. Those involved in neighbourhood houses were see it continue to grow in the years to come. pleased to receive funding support for upgrades to facilities. This happened most recently at Kyneton The result of the election clearly showed that the neighbourhood house, but many of the other majority of voters in Ballarat East wanted to see me neighbourhood houses, including the neighbourhood re-elected, and they also wanted to see the Brumby houses at Meredith and Ballan, gained significant Labor government re-elected. They got the first leg of upgrades. The more I think about neighbourhood that double in, and so I was elected, but sadly people in houses, the more I can visualise those terrific upgrades. other parts of the state did not see things the same way The people were really appreciative of the support that and there has been a change of government. came via our government. Support for child-care services was provided by the neighbourhood houses, As everyone in this house knows, nobody is elected on particularly through the Take a Break service. Last year only their own merits and work. Members rely upon they were delighted when the former Brumby many people to support them through election government agreed to take on the support for that campaigns, and I want to recognise the many people service and see that it continued. There is a significant who supported me. I want to thank my wife, Di, and concern about what is going to happen at the end of the other family members who were right behind me year when the funding stops. That has been proposed through the campaign. I want to thank my electorate by the Baillieu government. That will be a — — staff, Brett, Julieanne and Marg, who did a great job in supporting me in many ways through the last term and Mr Battin interjected. through the election campaign. My campaign director, Jeff Rootes, did a great job. It is great to have the Mr HOWARD — That will be a significant support of people like Jeff who bring in many disappointment to the people of Meredith, Kyneton and volunteers to do what is necessary for a campaign to other towns where that service has been greatly run smoothly. I acknowledge many other people, Labor appreciated. friends and supporters, who supported my campaign. I also want to acknowledge the support of John Brumby Honourable members interjecting. and other ministers in the former government who regularly came up to Ballarat and other parts of my
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2446 ASSEMBLY Thursday, 30 June 2011 electorate, offering their support to me ahead of and In regard to health services, I will certainly be working during the campaign. I thank them because, without with the member for Ballarat West so that the helipad that overall support, I could not have done it. intended for Ballarat hospital is built as proposed by both parties. The people of Ballarat expect that to Further on the election, as I said, people in other parts happen, and we will be working to see it happen. There of the state viewed things differently from the people of are so many things to be done — — Ballarat East, and we have seen a change of government. That is a disappointment for me on a The ACTING SPEAKER (Mr Weller) — Order! personal level and I have seen many terrific, The member’s time has expired. hardworking colleagues and ministers — John Brumby in particular — unable to continue to work in their seats Dr NAPTHINE (Minister for Ports) — I start by and with their plans for the future. I am very acknowledging and thanking the outgoing Governor, disappointed about that. David de Kretser. I thank him for his service to Victoria and particularly his service to regional and rural Dr Napthine — He could have continued as the Victoria, where he has been a regular visitor and where member for Broadmeadows. He resigned. his work in the community has been well appreciated. I want to place on record my thanks and the thanks of the Mr HOWARD — Here are some silly comments community for his service. that there is no point in responding to. If John Brumby had remained as Premier he would have led this state I also welcome the incoming governor, Alex Chernov. I very well, and that is clearly the view of the people of believe he has already made a significant contribution Ballarat East. and is making his name well known around Victoria. I am sure he will serve our community well. However, now that I am part of the opposition I am no less enthusiastic or committed in my resolve to I also thank my hardworking electorate office staff who represent the people of my electorate and to serve the continue to fight hard for the South-West Coast people of Victoria by holding the new Baillieu electorate and help me to represent the community in government to account. I am also encouraged by the all its needs. I acknowledge my electorate committee, many new members who have been elected to the particularly the many volunteers who made the Labor team who add talent and enthusiasm to this difference in the lead-up to the 2010 state election and parliamentary Labor team. I am looking forward to on election day. They experienced difficult weather working with them over the next four years on the task conditions and other challenging circumstances while ahead. handing out how-to-vote cards, but ultimately their efforts saw the people of South-West Coast re-elect me I trust it is already clear to the residents of the Ballarat to this house with a significantly increased majority. East electorate that I will continue to be out there working with them across the electorate, to support I have been re-elected to this house a number of times, them and projects they want undertaken. I want to work but each time I am sworn in I recognise that it is a to ensure that the government’s commitments to the significant privilege and honour to be elected to the electorate are honoured — hopefully in a timely Legislative Assembly of Victoria; it comes with manner — even though those promises are more significant responsibilities in terms of representing and limited than those made by the former Labor fighting hard for my electorate and also upholding the government. traditions of the parliamentary democracy which have been developed over many decades here in Victoria. I I want to keep working to help the government to see hope I can continue to do that. the value of, for example, supporting upgrades to Daylesford Secondary College and Kyneton Secondary In my address-in-reply contribution I want to College under the Kyneton education plan. The concentrate on some of the work in my role as Minister education plans are important priorities, and it was great for Racing. I want to highlight some of the issues we to see so many schools rebuilt under Labor. These were took to the 2010 election that were significantly the next projects to be undertaken. Sadly, at the delivered through recent state government action. One moment they are not identified for support by the new in particular is the $79.5 million of additional funding government. However, I will continue to work, as I over four years to grow and develop racing in this state. know those communities will, to ensure that the As members would be aware, racing is not only a government recognises that those projects ought to be terrifically exciting sport and a great activity for people brought onto its priority list and supported. of all ages involving magnificent thoroughbreds,
GOVERNOR’S SPEECH
Thursday, 30 June 2011 ASSEMBLY 2447 standardbreds and greyhounds; it is also a major Breeders Incentive Scheme and Vicbred — on how we industry of about $2.5 billion employing 70 000 people can maximise the money to get better value in breeding. across Victoria, many in regional and rural Victoria. One of the reasons we are doing that is that much of the The Baillieu government and I as Minister for Racing thoroughbred industry, for example, is in the Seymour see racing not just as a sport but as an important part of and Strathbogie areas in central Victoria. It is a great the Victorian economy and therefore believe that, if we employer providing job opportunities in those areas, invest in growing and developing racing, we will create and there has been significant investment there, with economic growth, economic opportunities and new job opportunities for jobs growth. Unfortunately, though, opportunities, particularly in regional and rural while Victoria used to be no. 1, or at least equal no. 1, Victoria. We believe our investment of $79.5 million in terms of thoroughbred horse breeding, in recent years over the next four years, working in conjunction with we have dropped back in the pack. Indeed each year the racing codes and stakeholders, will deliver 4000 brood mares based in Victoria and owned by significant dividends to Victoria as a whole. Victorians go over the Murray River to be served by stallions in New South Wales or Queensland. If we can The $79.5 million we are providing to racing is coming retain a number of those brood mares in Victoria by from two sources. The first source is unclaimed having a better and stronger breeding industry, we will dividends. Strange as it may seem, a number of people create jobs and opportunities in this state. I believe the who win at the races, betting through the TAB or the benefits will be substantial. Similarly the standardbred totalisator, forget to collect their winnings, throw away industry, which is very much centred around the their winning tickets or for some other reason do not Goulburn Valley, and the greyhound breeding industry collect their winnings. This money belongs to the also provide job opportunities. punters and to the racing industry. Under the Labor government that money went into consolidated revenue We will provide $4 million over four years for Racing if it was not collected within six months. I argued Analytical Services Ltd, which is very professional, strongly within the shadow cabinet, and I have been highly skilled scientifically and involved in drug testing able to continue the argument in the cabinet, that that within the racing industry. Members would understand money rightfully belongs to racing. About $14 million that the racing industry relies on its share of the to $16 million a year of unclaimed dividends is the first wagering and betting throughput for a significant funding stream, and 100 per cent of that will go back to portion of its income and that wagering and betting rely racing under the Baillieu government. on integrity in racing. People need to believe they will get a fair run for their money. They need to know that The second source of funding is state taxes on oncourse the races are honest, fair and true. The three codes totalisator bets. When somebody goes oncourse and has across the Victorian racing industry have a worldwide a bet on the tote, a tax on that goes to the state reputation for the highest integrity. They have very government. I have argued that it would be great if we high-quality stewards and very good rules of racing, but could allocate that segment of tax to the racing industry the issue of drugs is one that needs to be continually to help boost oncourse patronage and get more people addressed in all forms of racing. We recognise that we involved in racing, particularly outside the Spring need to invest in continual research and testing to make Racing Carnival and other major events. That is where sure that our drug-testing facilities in Victoria are the money is coming from for these initiatives. second to none. We want to be the best in the world in drug testing to guarantee that our racing is of the With the unclaimed dividends we will provide highest integrity. That is a very important issue we are $30 million over the next four years for improvement in investing in. facilities, whether they be facilities for patrons, training facilities or racetrack facilities. We believe we will get We will invest $1 million over four years in Living very good value for that. We are working with the three Legends, which is a hidden gem in Victoria. Living racing codes, which will match that funding dollar for Legends is based at Woodlands Historic Park in the dollar, so our $30 million will deliver $60 million worth Tullamarine and Bulla area. It is the site of a of growth in facilities and infrastructure for racing. We 19th-century homestead, which is in itself-worth will allocate $10 million for breeding schemes. We are visiting. It is a magnificent homestead. Indeed I am working with the various components of the breeding advised that when Burke and Wills went north on their industry in the three codes — particularly with those expedition they spent their first night at the Woodlands involved in the Victorian Owners and Breeders homestead. It is on 700 hectares of grassy woodland, Incentive Scheme, the Greyhound Owners and which has magnificent native flora and fauna, with pathways through it and kangaroos. For anybody it is
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2448 ASSEMBLY Thursday, 30 June 2011 worth a visit for the homestead, the woodlands, the meeting for the Latrobe Valley, and it has been pathways and the picnic spots. On top of that, delivered for Caulfield Cup day. We promised Woodlands Historic Park is home to many of our Hamilton would get a race meeting on the day before retired champions of the turf, such as Apache Cat, the Melbourne Cup, and it has been delivered. Might and Power, Rogan Josh and Better Loosen Up. People can get up close and personal and pat the horses, We promised Bendigo we would arrange for the say hello and thank them for winning on their behalf, if distance of the Bendigo Cup to be increased to they backed them during their lifetime. It is a great way 2400 metres to make it an important qualifier for the for young people to see the thoroughbred in a different Melbourne Cup, and that has been delivered as well. light, as a great animal in itself. Living Legends is a We have also delivered a $4 million redevelopment of terrific site that has about 40 000 visitors a year, but I the Bendigo greyhound track, which is under way. We believe that could be doubled or tripled. It is a great have provided $3.5 million to relocate the Nyah district tourist attraction and a great way to introduce people to harness racing track to Swan Hill. That is a project that racing. It is only 22 kilometres from the CBD, and we has been sitting around for five or six years; we have are pleased to invest in it. It is the first time any been in government for seven months, we have government in Victoria has invested in Living Legends, announced the funding and it is under way. There is and I think it is a great investment. $2 million additional funding for lighting at the Cranbourne thoroughbred track. When the Labor We are investing $1 million in the greyhound adoption government left office it said it had funded the project, program (GAP). We are also the first Victorian but there was a $2 million black hole. Half the lights government to invest in the GAP. Traditionally it has would not be there — it would be a black hole! — but been funded through the greyhound industry itself, we provided the additional money. We have provided without government funding. Since this great program $385 000 for a new entrance for the Ballarat harness started in 1996 over 4000 retired greyhounds have been racing complex; $320 000 for improved lighting at rehoused as household pets. The organisation has a Lords Raceway in Bendigo; funding to fix flood magnificent headquarters in Seymour, and I have damage at Benalla, Kyneton and Moe racetracks; visited the area with the local member. She is an funding for new starting stalls for Ballarat; funding for enthusiastic supporter of the GAP. She is an absolutely a master plan for the Geelong racetrack; and funding fantastic local advocate for her electorate and does a for new equipment for Ballarat, Cranbourne, Mildura, terrific job. The greyhounds are retired or not quite fast Terang, Shepparton and Tabcorp Park harness racing enough, and when they go to the GAP they are tracks. temperament tested, desexed, wormed, microchipped, vaccinated, trained and made ready to become We are delivering for racing. As I said, we have set household pets. Greyhounds are fantastic pets. They are aside state taxes for on-course bets and we are putting great, loving and fundamentally lazy animals. People that up to the clubs and saying, ‘Here is your chance. If think that because they are racing animals they need a you have a really good idea to attract more patrons to lot of exercise. They need a walk each day, but they your track, put your hand up, and we can provide the sleep 23 to 23.5 hours a day. They are fantastic and funding to assist you to attract more patrons to what loving animals, and we want to assist the GAP to would traditionally be a meeting that attracts a increase its adoption rate and boost the animal welfare moderate attendance’. aspects of the greyhound industry. These are great things we are doing for racing. But We are providing $200 000 for picnic racing, which is a imagine what we could do for racing, for the great introduction to racing for many people. Many South-West Coast electorate and for Victoria, if the families that would not traditionally go to the races go former Labor government had not blown $3 billion on to the picnic races at Healesville, Yea, Alexandra, its stuff-up of the sale of electronic gaming machine Balnarring, Hinnomunjie or Tambo Valley. It is a great licences. That was the most disgraceful example of way to be introduced to racing. We want to encourage mismanagement, costing Victorians $3 billion, during people to go to the races. my 20 years in politics.
We are already delivering in terms of racing. In the Ms DUNCAN (Macedon) — It gives me great lead-up to the election we promised an additional race pleasure to speak as part of the address-in-reply in this meeting for Towong, and it has been delivered from first session of Parliament. It is no longer the start of the 31 December. We promised an additional race meeting session, but this is my first opportunity to speak as part for Avoca, and it has been delivered for the first of the address-in-reply. Saturday in December. We promised an additional race
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Thursday, 30 June 2011 ASSEMBLY 2449
I would like to make a few comments about the None other than The Nationals, the amount of money member for South-West Coast, who is now the minister members of which were getting in their campaigning responsible for ports, major projects, regional cities and for Clubs Victoria was unknown to us at the time but racing. We have had a change in government. Some has been revealed in the papers this morning. There is will say that is a good thing, and others will say it is not no acknowledgement from this government of the role a good thing. But it is a shame that the member for that its members played in any of that. South-West Coast does not care as much about Victorian families as he cares about racehorses and As I said, I wish the minister cared as much about greyhounds. It is not that I do not also love racehorses Victorian families as he cares about greyhounds and and greyhounds — I actually owned an ex-racehorse — racehorses. Even if he cared a little bit about ports and but the minister did not even mention some of his other regional cities it would show us that we have a areas of responsibility. balanced minister; instead we heard just his views on animals, not that we do not love animals. One of his portfolios which I would have liked him to have said at least something about is regional cities. He I am very pleased to be in Parliament for my fourth cares nought about that, and we are seeing that reflected term representing the now seat of Macedon having in the changes that this government is making. The previously represented the seat of Gisborne, It is an government has diluted what is now called the Regional honour to be re-elected for a fourth term, to be in this Growth Fund. Under the previous government the place and to do all I can to make sure that my Regional Infrastructure Development Fund did not fund constituents get the best deal they can from any state as much as this new fund is expected to, nor was it government, whether I am part of that state government spread as thinly as this new fund is going to be. or whether, as in my fourth term, I find myself in opposition. It is incredibly important to me that I The last comments by the minister illustrated very well continue to advocate on their behalf, and that is what I the fact that members of this new government — and intend to do. I also intend to hold this government this was when they were in opposition as well — never accountable for its election promises, not just to my let the facts stand in the way of a good line. They often own electorate but across the state. I will indulge accused us in government of being good spin doctors. I myself and the house for a few minutes, if I may, to talk have never seen the likes of the spin that this new about some of the achievements of which I am quite government is capable of running out. We saw it a few proud. These are my achievements and those of the moments ago when the minister suggested there is a previous government for the electorate of Gisborne and $3 billion shortfall in state government coffers as a Macedon. result of the previous government’s policy on gaming regulation. I would like to point out some things to the One of the first things I was very pleased that we were minister, who was clearly not involved in the secret able to do back in 1999, 2000 and 2001 — it occupied meeting in Sale between the now Deputy Premier and probably the first couple of years of my term — was in the then gaming minister. The way this Deputy Premier relation to the Wombat State Forest. It is easy to forget operates is possibly news for many of these government these things, but going back to 1997, 1998 and 1999 it ministers. We know he has had numerous secret was clear that the forest had been overlogged and was meetings — in opposition, when he was clearly having continuing to be overlogged, but there had not been any them and keeping them from his shadow cabinet great auditing of that forest to know to what extent that colleagues, and also in government. We have seen that was happening. I am very proud that as a government members of this new government are very capable of we were prepared to do that background work and to do having secret meetings and keeping them from each it across all our forests. People may remember that the other. The Liberals have been keeping things from policy at the time was Our Forests, Our Future, under Nationals ministers and vice versa. It must be a really which we looked at all the state forests in Victoria to happy time in their cabinet meetings with the amount of establish the sustainability of the logging practices that division that is clearly present. were then going on. When we looked we found that the Wombat State Forest was being massively Government members refuse to acknowledge — they overlogged — much more than we thought and even just run out a mantra — the role they have played on a more than some of the local conservation groups whole range of issues. I remind them of who had the thought. I was very proud that we were able to retire numbers in the upper house when all of the frameworks many of those logging licences. In fact there is almost and legislation that set this gaming process in play was no logging going on at all in the forest. We instigated a created. Who supported it? Who did we have to community management model which is still doing negotiate with in order to get the framework set up? some work there, but most importantly, I believe, we
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2450 ASSEMBLY Thursday, 30 June 2011 saved the Wombat Sate Forest from being dramatically was the upgrading of track — in my case the Bendigo overlogged. I would say that that was one of our line, which was virtually close to collapsing. Trains greatest achievements. were travelling at about a third of the speed at which they should have been able to travel because the track The other achievement for Macedon was the extension was in such poor condition. None of this was of gas to seven of the towns across the electorate. It was acknowledged by the government, which just bagged an enormous achievement to get that many towns the project at every opportunity. Along with that project connected to gas. That gas rollout continues, and as we had a lot of station upgrades. The facilities have new housing development occurs that gas system will been dramatically improved. When I look back over the continue to grow, as it does around Melbourne. 11 years, I see the changes along that corridor are just amazing. This is not to mention new bus services in and In relation to schools in the electorate of Macedon, around Sunbury; there has been a dramatic expansion virtually every school has had an upgrade. The three of those bus services, as well as of bus services in the major secondary colleges in the seat of Macedon have Macedon Ranges. Meanwhile in Gisborne the GisBus all had significant upgrades, as have the primary is the most fabulous service. It is a pioneering service, a schools. This was not just state funding; in recent years cross between a taxi and a bus. It is just a minibus, but we have seen massive federal funding as part of that. it provides a fabulous service and provides public Again I am always at a loss to know why members of transport around parts of Gisborne that have never the government, then opposition members, continue to previously had public transport. bag those projects, as do federal opposition members. At the same time they rock up to all the openings and We have done many other things over the last 11 years, take as much credit as they can. However, of all the including sport and recreation facility upgrades, and projects we have seen in Macedon, these have been spreading the use of recycled water right across the most welcomed, and they are such a bonus for these electorate. These are all fabulous legacies that I am very schools, many of which would never have been able to proud to have been part of. have constructed the halls they have now given the size of their schools. They would just never have got that I should also say that I am very grateful to people in the sort of investment in those schools, and that is a great electorate of Macedon for re-electing me for a fourth legacy that will be here for many years to come. term. I want to acknowledge the fabulous work done by my office staff. Christine in particular has been with me In relation to health in the Macedon electorate, the from day one. It is a hard gig being an electorate Sunbury Day Hospital was opened at the start of this officer, so to have someone stick with you for 11½, year. Again it was very sad to see the new health nearly 12, years is impressive. I have not even been minister being able to cut the ribbon when he had done married that long; I have not known my husband as zero towards the hospital. It was also very long, and often do not spend as much time with him as disappointing that there was absolutely no I do with Christine. Gail is fairly new to our office, but acknowledgement from the minister that the hospital she is also doing a fabulous job. Over the years I have had been funded, built, planned and everything else been privileged to have some fantastic people, under the previous government. I guess it is the nature including Kate, Shara — I had better not start naming of the beast, but as I have said on earlier occasions, them — all those people who have worked with me and when I was first elected I was at pains to acknowledge who have contributed. Then there are our branch the contributions of the previous member for Gisborne members; the true believers of our party — they just get to many of the projects that I opened in the first year or out there and do hand-outs or whatever it is that we ask so after I was elected. Sadly this government does not them to do, and they are fabulous supports, both do the same thing. We rebuilt the Sunbury Community physical and emotional supports, to us all, I am sure. Health Centre and we rebuilt the Kyneton hospital. That is now out of my electorate, but it is still there as a great I should acknowledge and congratulate the Speaker and legacy. We know that if we had not done so, the the Deputy Speaker on the positions they have been Kyneton hospital would have been closed. If we had granted by their parties, and also the ministers who not won the 1999 election, I have absolutely no doubt have been given portfolio responsibilities. I think we that that hospital would no longer exist. are already seeing that it is a lot easier to say in opposition that you are going to fix problems and that Similarly with the rail upgrade, this was much maligned you are going to do this and do that than it is to do it by members of the present government and, incredibly, when you get into government. That is when the reality by members of The Nationals. They are very critical of sets in and you find that longstanding problems are spending money on rails, trains and signalling. There longstanding problems because they are difficult to fix.
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Thursday, 30 June 2011 ASSEMBLY 2451
I can already see some of new ministers struggling as The ACTING SPEAKER (Mr Morris) — Order! they try to grapple with those issues that confront all The member’s time has expired. governments and always will. As much as members opposite like to simplify it, there are often very Mr NORTHE (Morwell) — It gives me great complex problems and there is no simple fix for them. I pleasure to rise to contribute to the debate on the must say that members of this government have given adoption of the address-in-reply. Firstly, I congratulate that impression. I think they are treating Victorians like the Speaker and Deputy Speaker on their appointments. mugs when they try to oversimplify all sorts of things, As the Minister for Ports has said, it is important to as they are with the gaming issue, for example. recognise the service that Professor David de Kretser, the former Governor, has given Victoria thus far, and I Sadly, they are not an evidence-based government. We also wish his successor well. are seeing that with some of the statements being made by the water minister — for example, about Next I want to speak about section 1 of the Governor’s stormwater. That is again just treating people like mugs. speech headed ‘A growing economy’. As an aspect of There is no way that stormwater can replace a that, this government recognises the importance of job desalination plant. You will never get the volumes of creation and skills training for young Victorians and water needed. Government members say, ‘We’ll hang it they will be a priority. Business investment will also be all on the desalination plant’ and, ‘You said in 2006 strengthened to secure the jobs that Victorian families you wouldn’t build it; what happened then?’. I will tell rely upon. you what happened then: the drought got a whole lot worse. Whatever inflows there had been in the previous From a local perspective, we have seen the eight or so years basically dried up in that time. establishment of the Latrobe Valley Advantage Fund, Members opposite when in opposition did not give and I give credit to the former government for credit for the sorts of changes that occurred. committing $25 million to this important fund. Prior to the 2010 election this government committed another Smart meters is a classic example. They stand there and $5 million for an industry and employment road map. bag smart meters. I think it was in 2007 that they were This is a key initiative for the Morwell electorate, the urging us to roll out smart meters. Now they say, ‘Oh, Latrobe Valley and wider Gippsland region. The skills yes, but you bungled it’. I ask: oh, really? How would component of the Latrobe Valley Advantage Fund is we have done that, and how would you have done that significant. It will give many local people an differently? There is of course no response to those opportunity to diversify their skills and acquire new questions that are being asked. skills. That is particularly important in a region where industry is expected to evolve and shift, and where I will talk briefly about the commitments this historically jobs have been in the energy industry. I will government has made to the electorate of Macedon. We speak about that a bit more. are waiting for closed-circuit television cameras for Sunbury, and we are waiting to see what model will be We have also established what is called the Latrobe developed for the Sunbury out of Hume proposal. I Valley working group which is chaired by Damian suspect the government will confront the same issues Drum, a member for Northern Victoria Region in the that we confronted on that matter. It will be interesting Council, in his capacity as Parliamentary Secretary for to hear what the Minister for Local Government has to Regional Development, and includes me and my say about that. We are still waiting for the outdoor colleague the member for Narracan. The working group sports stadium for Gisborne. We look forward to that essentially serves two purposes. It has $10 million hopefully being delivered. Unfortunately at this stage available to it, which is earmarked to identify strategic the government is not committing to the stage 4 land that might be available to be made infrastructure redevelopment of Gisborne Secondary College. I am and investment ready. With that we seek first to ensure also concerned about the Sunbury rail electrification that outside investors or investors in the region will project. As part of that project we were to see an have an opportunity to create new developments in our upgrade to premium status for Sunbury station and a region; and second and just as critically important to staffing of it from first to last train. As part of the identify local businesses which have the opportunity electrification of the rail service, Sunbury people were and capacity to expand and grow. The theme behind also to continue to have access to off-peak V/Line this is to create jobs. The work of the group is evolving services as well as metro services. I will be holding this quickly and it is an important part of the initiative we government accountable. have introduced.
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2452 ASSEMBLY Thursday, 30 June 2011
It is important to have the working group in place communities. The Minister for Water has announced because we know that the energy industry is vitally initiatives for water-efficient products and rebates for important to not only the Latrobe Valley but also Victorian households — for all Victorians, including Victoria as a whole. If the federal government’s those on non-reticulated water supply systems. That proposal to introduce a carbon tax was accepted by the was a bane of the lives of and cause of consternation for federal Parliament, there would be significant impacts many people in rural communities, and that is a great on our community — that is acknowledged by all initiative. There is also the Victorian gas heater rebate, political parties in all sectors — so it is absolutely again for Victorian concession card holders, to assist critical to have this working group established and people with cost of living expenses. Further, from a ready to go to tackle some of those challenges. family perspective and with school holidays upon us, children will have free entry into three Victorian zoos: In terms of creating jobs, it is important to ensure that the Healesville Sanctuary and the Werribee and we have a competent planning minister who knows his Melbourne zoos. All those initiatives will go a long stuff. We have, and that is sometimes forgotten. Since way towards ensuring that we ease the burden the new government was elected in 2010 the planning somewhat for Victorian families. minister has recognised that there is a shortage of residential land available in our community. We have From a business perspective it is important to note the seen a massive spike in land prices, purely and simply work undertaken by VCEC (Victorian Competition and because of the shortage of land available in our region, Efficiency Commission) in regard to its inquiries into and as a result housing affordability and the building tourism, manufacturing and reducing the regulatory and trade industry associated around that have been burden on businesses. We all know that businesses are somewhat compromised. struggling with red tape, and the Treasurer has announced that this government wants to see a Over the two years prior to the 2010 election a number reduction in red tape of 25 per cent. The good work of tradespeople who came to my office expressed undertaken by VCEC will help the government to concern about the shortage of available residential land. achieve that goal eventually. We must provide Subsequently a number of tradespeople have had to businesses with the capacity to grow and expand, and shift locations, either to other regions of Victoria or one of the challenges at the moment is the amount of interstate. After being elected the planning minister red tape they confront. This is a very important very promptly rezoned a significant area of land in our initiative that has been announced by the government, region for residential development. That has instilled a and I am sure that businesses across the whole of great new confidence in our region. When I talk about Victoria will very much welcome the reduction in red creating jobs, I am not referring to jobs under just one tape when we achieve that goal. particular portfolio; they can be under a number of portfolios. I commend the Minister for Planning for The Regional Growth Fund (RGF) has been very well acting so urgently on these matters. received across all regional communities. This $1 billion fund is already starting to deliver projects Further on a growing economy, it is imperative that we across our state, and in the Morwell electorate a number manage cost of living impacts not only on individuals of projects that the government committed to prior to but also on businesses. I refer to some of the initiatives the 2010 election have been subsequently funded in the already introduced by this government. In fact, 2011–12 budget. Many communities in the Morwell tomorrow will be a great day for Victorians — an even electorate have embraced the fund and are supportive of better day than today — because tomorrow some of it. those initiatives will come into force. We have already heard the government announce an all-year-round One of the projects funded from the RGF is the electricity concession for Victorians who hold completion of the Gippsland Plains rail trail, a project pensioner concession cards, health-care cards or worth $800 000 that has been on the books for 10 to veterans gold cards. We have also heard the Treasurer 12 years. It has taken this government to finally come announce stamp duty cuts for first home buyers of and put the money on the table and help those 20 per cent from 1 July, which will ultimately, by communities complete this rail trail. This will provide September 2014, increase to 50 per cent. This is on top an enormous benefit not only for smaller communities of the first home owner grants which have been along the trail but for our region as a whole. We think retained. there are massive tourism opportunities in people coming to our region and using that trail once it is Ambulance subscription fees have been halved. That is complete. a great initiative which has been well supported by our
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Thursday, 30 June 2011 ASSEMBLY 2453
There is also the much-anticipated bike path between member for Narracan and I understand the importance Traralgon and Morwell. The Latrobe Valley is unique. of the work that this association does, so a funding We have four major towns in quite close proximity to commitment of $120 000 over four years has been very each other and around those towns we have a number much welcomed. We have a minister who is keen to of small communities, so linking those towns with bike speak with people on the front line. We have been paths will provide not only a benefit to the local pleased to have the minister come down and speak with community but also tourism opportunities for the child protection workers in our community about some region. of their challenges, and what has been very well noted is the support from this government for the national The upgrade of the Traralgon tennis court complex is disability insurance scheme. vitally important. Each year it hosts an international youth championship prior to the Australian Open In terms of education I am very pleased to see Tennis Championships, and the courts need to be 150 primary welfare officers being introduced by our upgraded to Plexicushion to match the court surface at government. This is particularly important for schools the Australian Open. The government’s commitment of with students from lower socioeconomic backgrounds, $400 000 to this project will enable us to host our major and I believe these primary welfare officers will do an tennis event, which will provide an enormous economic amazing job. benefit to our local community over that two-week period. There are a plethora of other projects that have There are many other things I could talk about, but been funded across not only the larger communities but while contributing to the address-in-reply debate I want also the smaller communities in the Morwell electorate. to mention the enormous support that this government The $1 billion Regional Growth Fund has certainly has committed to with respect to flood and bushfire done great things for regional Victoria recovery. This work is ongoing, and the Deputy Premier in particular has his hands on the wheel in In the budget the government committed to reinstating making sure that people are not forgotten when those another vital service that unfortunately the previous types of tragedies happen. government did not commit to, and that is the NightRider bus service. That is important because, as I In conclusion, I know a lot of members say it is a mentioned earlier, in the Morwell electorate we have a privilege and an honour to be re-elected, and it certainly number of towns that are in close proximity to each is. I congratulate members who have been re-elected. I other. It is particularly important that people visiting the am absolutely humbled at the general community entertainment precinct of Traralgon have the support I have received. I believe that the reason I was opportunity to get back to their neighbouring re-elected was in part because we work hard and our communities, and the NightRider bus will provide that policies have resonated across the community. I am service. continually amazed at how many good people we have in our community. The great pleasure in doing this job The budget provides funding for 940 protective services is that you meet some wonderful people along the way officers across the state, and Traralgon will be the home who become lifelong friends, and I just love what I do. base for some of them. One hundred additional police officers will join the transit safety division of Victoria I particularly want to thank The Nationals members and Police, and this is important from more than just a supporters in the Morwell electorate, who have been Gippsland perspective. Some people might say there is fantastic in supporting me. I acknowledge my not too much trouble at the Traralgon railway station, colleagues for all the help, support and assistance they but many Gippsland commuters use not only the have given me, in particular a member for Eastern V/Line service across Gippsland but also the whole Victoria Region in the upper house, Peter Hall, who has metropolitan network and other regional lines. been a magnificent mentor and who has supported me over many years. Finally, I thank my family — my In the area of community safety the government made a wife, Jenny, and my children, Tim, Matt and Thomas. commitment to provide 1700 new front-line police. We Their love, support and understanding is very much have committed to the police station at Churchill, an appreciated. I look forward to being part of the area with a population of around 5000 people. That government over this term of Parliament. police station will be upgraded to operate on a 24/7 basis, which was a very welcome announcement. Mr McINTOSH (Minister for Corrections) — I propose an amendment to the address-in-reply. I move: In health and community services we have committed funding for the Gippsland Carers Association. The Omit all the words after ‘and’ and insert ‘our thanks for the speech given by the former Governor to the Parliament.’.
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In moving the amendment I am just indicating that On teacher pay, we have seen an outrageous backflip there is a new Governor in Victoria. The previous from the Premier when he reneged on his personal Governor addressed the Legislative Council and many commitment to the teachers who voted for him. They of us had the opportunity of hearing him. All this were duped into thinking that this new Liberal amendment does is clarify that we have a new government would for once do something for them. Governor. From the ‘highest paid in the nation’ to an offer of less than the consumer price index in only 100 days! Ms KAIROUZ (Kororoit) — First of all I would like to congratulate the Speaker and the Deputy This government has overseen and indeed meddled in Speaker on their appointments. I congratulate the the highest echelons of Victoria Police command. The Premier and his cabinet, and I hope they will deliver on unprecedented interference by the Premier’s office the many promises they made to the Victorian people. I culminated in the forced resignation of Chief would like to congratulate the Leader of the Opposition Commissioner of Police Simon Overland. This crisis in and his shadow cabinet as well, and the members on policing is not a promising start for a new government, this side of the chamber who have worked extremely one clearly struggling with the responsibilities given to hard for their communities and who have been it by the people of Victoria. This government is at war returned. I would also like to congratulate and welcome with the Police Association Victoria. Despite law and the new members in this place, particularly as I am order, police numbers and resourcing being a key part someone who entered this Parliament only three years of the Liberal-Nationals coalition government’s ago. election pitch, instead it is now offering the hardworking members of Victoria Police an insulting I would also like to take this opportunity to thank the below-inflation pay rise that will effectively see police electors of Kororoit who have once again placed their pay go backwards. This proposal will ensure that faith in me to be their representative in the Victoria Police officers are the lowest paid in Australia, 57th Parliament. It is an honour to represent the which is an absolute disgrace. communities of Caroline Springs, Kings Park, Deer Park, St Albans, Albanvale, Burnside and Burnside The government’s policy of putting protective services Heights. I will make it my mission to advocate for the officers (PSOs) on trains policy has been an proper provision of services for my electorate and to unmitigated policy disaster, with cost blow-outs to the hold this government to account for the numerous tune of $50 million. Only 93 of the 235 promised PSOs promises it made to the western suburbs whilst in will actually be out on the network within the first year. opposition. I would like to thank my 150 or so The Age reported the powers this government intends to campaign volunteers, including ALP members in the hand these PSOs, powers currently held only by Kororoit electorate and my family and friends for their members of Victoria Police. With officers only having tireless work in assisting me throughout the campaign. received 12 weeks training, opposed to the 33 weeks of Without their help I would not be here today. I would training a Victoria Police recruit will receive, the Police also like to thank my staff Chris Kelly: Kirsten Psaila, Association has grave concerns that this will lead to the Tony Peng and Michael De Bruyn. I thank them very establishment of a ‘second tier police force’. To grant a much for their hard work and their commitment to me PSO the same powers of a Victoria Police member with and to the people of Kororoit. only a third of the training is mind boggling. Further, Victorian Council of Social Services chief executive This government promised to cut the cost of living, Cath Smith stated: provide more police, invest in health, improve public transport and make our public servants — police, Unless PSOs, who will be armed with semiautomatic nurses and teachers — the highest paid in the nation. firearms, capsicum sprays and batons, are provided with extensive and specific training about how to appropriately Specifically in my electorate the Premier promised to engage with these groups there is the potential for tragic fund the grade separation of the St Albans level outcomes. crossing as far back as 2008, and, as recently as 17 November 2010, the now Minister for Public I agree with her. This policy has all the hallmarks of Transport promised in a radio interview to do the same classic Baillieu government spin: a cheap headline, thing. This is a commitment the Brumby Labor without much real thought or planning as to how to government made to the people of Kororoit at the last implement what was a half-baked idea, with the election. The Liberal-Nationals coalition government potential result of Victorians being left with a botched promised to fund and build the Caroline Springs train policy which is in complete disarray. station, a project funded and begun by Labor in the last term, which was due to be completed next year.
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How could Victorians forget the first bill passed by the Clearly the government does not care about Baillieu government this year, one which stripped away infrastructure investment in Melbourne’s west. This the rights of workers to spend the holy day of Easter project was promised and fully funded by the Brumby Sunday with family and friends? The hypocrisy of the government and included in its forward estimates. Yet Premier’s first statement to the Parliament — the it now lies dormant, with the metaphorical road to Victorian families statement — was laid out for all to nowhere as a memorial for the thousands of commuters see. How could a government which only weeks earlier in the west. Just recently I presented a petition of had promised to put ‘families at the centre of our 1033 signatures to the Parliament calling for the decision making’ then go and legislate one of the most construction of the station, and I receive yet more antifamily pieces of legislation this Parliament has seen signatures each day. The voice of the community of in recent times? Can the Liberal-Nationals coalition Caroline Springs deserves to be heard. The dumping of government look the Victorian people in the eye and this station sends a clear message from the government say that it really cares and puts the interests of Victorian to the people of Caroline Springs that they do not families first, when it took away protection for these deserve a new train station. workers and forced them to work on Easter Sunday? This government has not legislated for any protections The St Albans level crossing is possibly the biggest or even compensated workers beyond the normal single issue in my electorate. It has received no money Sunday rate with public holiday penalty loadings. On and no funding in the recent budget. The crossing has the one hand the government proclaims the importance consistently been regarded as one of the state’s most of families and cutting the cost of living for Victorian dangerous; it is no. 4 on the government priority list, households, but on the other hand it rips the heart out of and yet it has been passed over for funding for the Victorian workers, and it does not legislate for one reopening of a gate in Brighton, which is a crossing additional cent in compensation! ranked no. 223 on the same list. The prioritisation of the opening of a gate with funding to the tune of about Before I turn to specific projects in my electorate, I $2 million, which is more than the funding given to 7 of would like to read to the Assembly a quote by the then the top 10 most dangerous crossings in metropolitan Opposition Leader, and now Premier, during the Melbourne, is an absolute disgrace. The fact that this Kororoit by-election campaign in 2008. He said: government is also considering a grade separation for the crossing at Brighton shows complete disregard for Voters in Kororoit can be assured that if the coalition wins Melbourne’s west. It shows this government’s government, the neglect will end for western suburbs residents who have been deprived of basic public transport determination to reward its own electorates and to services … pork-barrel its own marginal seats at the expense of more deserving communities that happen to reside in These words have not stood the test of time. They are Melbourne’s west. as hollow as the men and women who run this government. They promised everything and anything Finally, I would like to grieve for this state which, and they have delivered nothing! under the watch of an incompetent Treasurer and a dithering Premier, in May this year saw the largest It is important to reflect upon the quote as I turn now to single rise in the unemployment rate over two years. my electorate, where two Baillieu government This spike represents 15 000 jobs disappearing from the big-ticket public transport promises for the people of Victorian economy. When in office Labor understood Kororoit have been broken. The first is the Caroline the role that governments can play in promoting job Springs station, which appears to have been put on hold creation through infrastructure investment and the indefinitely by the Liberal government. Caroline maintenance of a strong economy to encourage Springs is a booming growth area in metropolitan business investment. It stands in stark contrast to this Melbourne with 23 000 residents, and it is expected to government, which whilst being elected to fix the grow to over 25 000 within the decade. There clearly problems and build the future has done nothing. It is exists a need and a demand for the station’s paralysed and confused, and Victoria is suffering the construction. However, the plot thickens as this project consequences. I look forward to representing the people was promised by the now Premier at the same of Kororoit, and I look forward to holding this by-election in 2008. Should we really be surprised by government to account on their behalf. another broken promise? It seems that the station resides in the wrong postcode, or perhaps it sits on the Mrs VICTORIA (Bayswater) — I am so humbled wrong side of the Yarra? and proud to have been elected to represent the people of the Bayswater district for a second term, and I thank those voters who trusted me to represent them again.
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When I moved to Bayswater I was dismayed that the individuals and organisations, the clock tower war area I had chosen to bring up my family in was being memorial will remain on its current site without having neglected by the local member of Parliament and his bus lanes running through it, as signed off on by the government, and I made a commitment to be a strong former Labor government. I wish to place on the record voice for the community and to address the needs of my my thanks to my good friend and colleague, the neighbourhood. Now, as part of the Baillieu member for Warrandyte, who is also the Minister for government, I am excited to have the opportunity to Environment and Climate Change, along with the continue to provide strong representation as the Minister for Public Transport and the Minister for member for Bayswater. Veterans’ Affairs, who put in so much work to achieve this great outcome. During this parliamentary term I will ensure the commencement and delivery of key projects in my Cyclists will benefit from the government’s plan to district as announced by the Baillieu coalition prior to build a rail trail between Box Hill and Ringwood, the last election. These include the upgrade of two local creating a safer way for those choosing pedal power to intersections to make vital improvements to the level of get from A to B in the outer east. We will help build a safety for pedestrians and motorists. A turning arrow brighter future for a number of sports clubs in the will be installed at the intersection of Coleman and Stud Bayswater district. Upgrades to facilities at Lewis roads in Wantirna South, with the public consultation Reserve in Wantirna South and at the Bayswater Oval already undertaken. Additionally the installation of a will deliver a much needed upgrade under the coalition pedestrian crossing on Wantirna Road will make access government. Wantirna South and Bayswater Oval will to public transport and walking around the deliver a much-needed boost in capacity and comfort neighbourhood more accessible and safer for residents for players and spectators alike. The Lewis Reserve living south of Canterbury Road in Ringwood. Again, upgrade will allow clubs to expand and to attract new public consultation has happened as promised and members, especially females, as the new layout will planning is well under way. I am delighted that funding include separate changing rooms for girls, which is for both these projects has been allocated in the something that has been sadly missing. The Bayswater 2011–12 budget. Oval upgrade will allow the venue to host night games and cater for the over 10 000 fans who can arrive on The intersection of Tormore and Boronia roads in any given day during the Eastern Football League Boronia will be fully signalised. These improvements finals. Both of these initiatives will further contribute to will ensure greater safety for all road users and provide the thriving local sporting community in the outer east. smoother access to local amenities, and I know that possible designs are already being investigated. Wherever I go in my district I meet members of Rotary, Motorists will also benefit from the duplication of the Lions, Probus and other service clubs, sports clubs and northern section of Stud Road in Bayswater. This final other organisations who love living in our beautiful kilometre stretch was left as a single-lane road by the neighbourhood and taking part in community activities. previous government, causing unnecessary peak and I would like to pay tribute to all the community off-peak congestion for motorists. The Baillieu organisations whose collective efforts make Bayswater, government will fix this problem. Boronia, Heathmont, Ringwood, Wantirna, Wantirna South and surrounds such wonderful places to live and When the grade separation of the rail crossings on spend time. Local businesses in the Bayswater district Mountain Highway and Scoresby Road are completed, are to be congratulated for their efforts. In the past few traffic will flow better and pedestrians and motorists years they have endured a global financial crisis, a will be safer, which is a great outcome for the people of softening economy and even hail damage and flooding Bayswater. This will open up opportunities for this in some cases. All of this was experienced in the midst area, including a library and multipurpose facility and of the increased costs of running a business today. The perhaps even a town square, which I have been a strong local economy in my district has fought on through this advocate for for many years. I continue my pledge for adversity. Proprietors have discovered new ways of that project. doing business that help them deal with the ever-changing commercial environment. More than a I am pleased that Ringwood station will receive a few have done their bit for the community as well. much-needed upgrade under the coalition government. Whether they be sole traders or multinational The delivery of this commitment will see the dawn of a corporations, I am always pleased to see the local new era for Ringwood residents. The redeveloped commercial sector providing assistance to those in station will be safer, cleaner and more accessible. As need. part of this redevelopment, and after listening to local
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Initiatives of the Baillieu government that I am We also have extraordinary exhibitions of art in especially pleased about include the return of proactive, Melbourne at the moment and across the state, and that front-line policing in the suburbs, as well as dramatic is for everybody. They include Shaun Gladwell’s increases in commuter safety with the arrival of Stereo Sequences at the Australian Centre for the protective services officers (PSOs) on railway stations Moving Image, and Vienna: Art and Design at NGV after 6.00 p.m. and additional transit police. I am also International, which I am so terribly proud of. It is an excited that more coalition initiatives will come into amazing exhibition that will never be staged anywhere effect as of tomorrow that will greatly assist thousands else in the world. At the Ian Potter Centre: NGV of Victorians. Stamp duty cuts will come into place to Australia, there is the Eugene Von Guérard: Nature assist first home buyers, young farmers, pensioners and Revealed exhibition. There are also blockbuster shows concession card holders, and self-funded retirees to buy that are worthy of government support and which bring a home far more affordably. We are also cutting millions of dollars to our economy, like the ambulance membership fees by 50 per cent, helping Tutankhamun spectacular at the Melbourne Museum households cut their utilities bills and helping young and Love Never Dies at the Regent Theatre. I am so families out by making school holidays and weekends proud to be a Victorian. We have an unrivalled more affordable with free zoo entry for kids. I know ambience that never ceases to inspire me and others to that that is a really popular initiative in my household. achieve great creativity all year round. Add these to the huge range of policy commitments that have already been delivered, and what we finally Elections are never won by an individual; they are the now have in Victoria — apart from all the rhetoric that product of many years of hard work by a dedicated went on before — is a great place to live, work and team. I want to personally acknowledge those who raise a family. believed in me and the Liberal cause in my area. Firstly, to my chairman, Alan Jenkins and his wonderful wife, On a personal note, I am very passionate about giving Val: you have been by my side through thick and thin our young people every opportunity in life, and I am and never questioned my capabilities. Thank you for delighted that the Baillieu government has filled the your understanding and good humour, and making sure funding black hole left by the Brumby regime to finish that I was always fed! To Charles, Bernice, Perrin, the eastern autistic school. I have also started organising Max, Michael, Paul and Peter, who were consistent in a new initiative for teenagers and young adults in the their support: thank you all. To my dad, Karl, and John Boronia area, giving them an opportunity to develop and Jack, the three wise men who are all in their 70s: themselves in a positive and safe environment. I will be your energy is enviable and commitment talking about that more as it comes to fruition. unquestionable. To all the other volunteers who folded, stuffed, letterboxed, stood at shopping centres, One of the other areas I am dedicated to is the arts, and doorknocked and manned polling booths: your efforts I thank the Premier for his trust in my knowledge and lightened the load and made this win possible. To love of this sector by appointing me as his Damien Mantach, Tony Nutt and all at the Liberal Party parliamentary secretary in this important portfolio. It is secretariat: thanks for your professionalism and, very interesting to note that no Labor Premier has ever probably above all, your patience. To my staff, Heather recognised the important economic and social impact Uebergang and Mark Roper: thank you for holding the the arts sector has on our state. No Labor Premier has fort when I am out in the community listening to what ever taken the arts portfolio under their wing. We are is needed. Without that support my office would not investing an additional $73 million-plus in the industry deal with the quantity of issues it does in such a in our first term. We are committed to the arts sector. professional and timely manner.
Victoria is and will remain the cultural capital of Again, to my dad, I say thank you to you and Maria for Australia. There is never a day or night that those all of the extra assistance, and to you especially for wishing to participate in or observe an arts event could making sure that my garden was tidy, the bins were out ever be disappointed. From tiny bars and jazz clubs to and the cat was fed. To my former husband, Jeff, thank our fabulous arenas, theatres and open air venues, there you for stepping up to the plate for our daughter and is always something going on. If we take a snapshot of understanding the rigours of the crazy schedule this job what is on in the coming month in Melbourne, we find often involves. Your support is much appreciated. that there are hundreds upon hundreds of opera, jazz, blues, classical and contemporary performances. Lastly, to my beautiful, funny, intelligent, adorable and Performers come from far and wide across Australia unconditionally loving daughter, Charlotte: you are the and internationally. reason I entered politics — to ensure that you and your generation, and generations to come, have every
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2458 ASSEMBLY Thursday, 30 June 2011 opportunity to grow up in a safe, nurturing, stimulating It was four years ago that I stood here and made my and prosperous world. In years to come I know you will first speech to this house. As I look back at that time I understand that the reason I spent days and nights away am very proud of the work that I and many others have from you was because I was looking at the bigger started in my electorate of Lara and indeed right across picture. Victoria. Under the fantastic leadership of premiers John Brumby and Steve Bracks we have brought this Debate interrupted. state forward in leaps and bounds. I congratulate both the Brumby and Bracks governments for a wonderful 11 years of government. The great state of Victoria has DISTINGUISHED VISITOR made a lot of progress in those 11 years. However, The ACTING SPEAKER (Mr Morris) — Order! having said that, this progress needs to continue, and I I acknowledge the presence in the gallery of the mayor hope the new government persists with the of the Mornington Peninsula Shire Council, Cr Graham development of Victoria by continuing to fund the Pittock. I welcome you. important works that the Labor government began. Throughout those 11 years we have seen a massive GOVERNOR’S SPEECH boost in the population of the Geelong region, especially in areas of my electorate such as Wyndham Address-in-reply Vale and Lara. We have seen a decrease in unemployment rates, which is a direct result of the Debate resumed. commitment that the previous government made not only to create jobs but to sustain our economy through Mr EREN (Lara) — It is an honour and a great very tough financial times, particularly through the pleasure to have this opportunity to speak in the debate global financial crisis. The 2010 year had the lowest on the motion for the adoption of the address-in-reply road toll on record, which was a reflection of the record to the former Governor’s speech. I congratulate the new number of police we funded, the Arrive Alive strategy Governor, Alex Chernov, on his appointment. I am and the increase in road infrastructure that we also humbled to be here in this house for a second term. I provided. A prime example of this is the newly take this opportunity to congratulate the Speaker and constructed Geelong Ring Road. For many years this the Deputy Speaker on their elevation to the very was nothing more than an idea. Thanks to the persistent important roles that both of them will play in this place cooperation from the federal and state Labor over the next four years. I also congratulate all other governments this became a long-awaited reality. The members of both this house and the other house on their project, which cost in excess of $694 million, reduces election as members of the 57th Parliament. freight and other traffic movements in the centre of Geelong, as well as reducing noise and other pollution I will start by thanking the voters of Lara electorate for through residential areas. In addition it improves the yet again having faith and confidence in me to serve accessibility and amenity for people living in Geelong them for another term in this place. I thank my as well as improving road safety and reducing travel dedicated and hardworking staff, Desiree, Kelly, Haley, times. Maria and Erin, and the hundreds of volunteers who assisted Labor in the Geelong region in the lead-up to Due to the economic activity generated by the Geelong the election. To my good friend and colleague Richard Ring Road, an employment precinct which focuses on Marles, the federal member for Corio, I say: thank you export-oriented manufacturing was developed. The for your unwavering support. I look forward to working Geelong Ring Road employment precinct was funded with you on a number of very important projects in our with $2 million towards building vital infrastructure to respective electorates. I would also like to thank my assist the creation of many jobs. This is vital in securing wife, Geraldine, and our children for being so Geelong’s future and further opening up the region to supportive, understanding and patient throughout the Melbourne and beyond. Barwon Health has also seen a campaign, which is a testing time for families, to say record amount funding totalling over $72 million for the least. I want also to thank all of my immediate and Geelong Hospital. This includes a brand-new position extended family and friends; they all know who they emission tomography scanner, two new ultrasound are. As much as I would like to do so, unfortunately, units, upgraded beds and a new patient wing which due to time constraints I cannot name them all. Thank provides additional acute and intensive-care unit you to one and all. capacity. Barwon Health also received a new clinical school, which is a world-class training facility that aims
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Thursday, 30 June 2011 ASSEMBLY 2459 to increase the number of health professionals working Employment: growth in rural and regional areas. Mr MORRIS (Mornington) — My question is to There were many other major accomplishments over the Premier. Can the Premier update the house on my first term in this place. The Brumby Labor recent announcements about new jobs being created in government was a tremendous believer in the power of Victoria? neighbourhood renewal, and the Corio-Norlane program is a perfect example of what can be achieved Mr BAILLIEU (Premier) — I thank the member when people are united by a common cause for the for his question. A healthy economy requires a healthy greater good. Right from the outset the Corio-Norlane jobs market, and indeed — — program stood out because of the willingness of its residents to participate. The results of this partnership Honourable members interjecting. between a willing community and a committed public The SPEAKER — Order! Members of the sector have been outstanding. The Corio-Norlane opposition are not at a game of football. I ask members neighbourhood renewal program, which began in 2002, of the opposition to try to control themselves a little. received a total of $39.5 million in funding. This funding included $34 million and 800 public housing Mr BAILLIEU — Healthy families need access to upgrades, and 600 external improvement works. It a healthy jobs market as well. I am sure members of the created 600 jobs and 750 training opportunities in a opposition will eventually be looking for jobs as well! number of areas, such as landscaping, manufacturing, textiles and transport logistics. The project tackled I am pleased to report that the census business index poverty and disadvantage and proved a tremendous was released today. As I have previously reported to the success in Corio-Norlane. house, there have been patchy elements in the economy. I am sure all members of the house are aware In Corio-Norlane especially we have seen a huge that there is a two-speed economy operating in this increase in public housing funding. In 2007 the country, and there have been patchy results. However, government announced $40 million for 200 affordable whilst the survey data released today confirms there has new homes in Norlane. Stage 1 of the Norlane been a patchy quarter of trading, that data also indicates regeneration project included 40 new public housing that Victorian small businesses hold the nation’s most units, and tenants are now living in these units. optimistic views about the future state of the Australian economy. From a national perspective, Victoria has not Sitting suspended 1.00 p.m. until 2.05 p.m. fared badly. According to the census data Victoria Business interrupted pursuant to standing orders. achieved the nation’s highest sales, employment and profitability performance for this quarter.
DISTINGUISHED VISITORS I am mindful of the Australian Bureau of Statistics job vacancy figures, which show a periodic downturn in The SPEAKER — Order! I would like to job vacancies, but I am also pleased to say that over the acknowledge Monica Gould, a former President of the last few months there have been many cases where new Legislative Council, who is in the gallery. It is nice to jobs have been generated in this state. The most recent see Monica. I also acknowledge Paul Jenkins, a former of those was at Marsh and McLennan Companies under member for Ballarat West. It is good to see Paul too. the brand name of Mercer. The Marsh, Mercer, Guy Carpenter and Oliver Wyman businesses will be relocating from four separate existing offices to a new QUESTIONS WITHOUT NOTICE building at Docklands in 2013, and on their estimates there will be 240 additional professional staff in Gaming: auction process Melbourne as a consequence.
Ms HENNESSY (Altona) — My question is to the In other areas, 150 jobs have been secured at Nissan’s Treasurer. Is it not a fact that the infamous meeting at manufacturing base in Dandenong, and there are the office of the Leader of The Nationals in Sale, which 800 new jobs associated with the new Bank of was a meeting kept secret from the member for Melbourne branches. The Minister for Planning Malvern, resulted in the very auction process the recently announced a $500 million 6-star green star government is now criticising? office, retail and hotel development at 80 Collins Street, involving more than 4000 jobs. This week’s Mr WELLS (Treasurer) — The answer is no. announcement of the billion-dollar Caulfield
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2460 ASSEMBLY Thursday, 30 June 2011 redevelopment likewise indicates a huge number of tonight. It did not relate to any other matter, and the additional jobs. Treasurer ought to answer the question.
In March, Marand Precision Engineering secured a The SPEAKER — Order! I do not uphold the point major international contract with two of the world’s of order. I believe the answer that was being given was leading aerospace and defence firms, which will create relevant to the question that was asked. hundreds of high-value manufacturing jobs in the state. Ballarat’s new $55 million regional integrated cancer Mr WELLS — I find it a bit rich that a former centre will generate more than 200 jobs. The jobs minister for finance would try to lecture this side of the market continues to grow in Victoria, and we will do house on financial responsibility after the whatever we can to support that. Auditor-General’s report yesterday confirmed a $3 billion shortfall. It is a disgrace. Government: fees and charges Ms Allan — On a point of order, Speaker, you have Mr HOLDING (Lyndhurst) — My question is to just asked for the assistance of the house in the smooth the Treasurer. I refer the Treasurer to the fact that at running of question time; however, it is very difficult midnight tonight the 2.25 per cent increase in fees and for that smooth operation to take place when the fines that he personally approved will kick in, and I ask Treasurer is clearly debating the question and attacking how he reconciles this decision with comments he the opposition. It was a very narrowly defined question made in 2008: about the Treasurer’s hypocrisy, and we would like him to answer that question. The unjust burden of automatic tax indexation will hit Victorians … The SPEAKER — Order! The member does not There is no justification for these outrageous increases when have to repeat the question. I ask the Treasurer to return Victorian families are battling to make ends meet … to answering the question. If these increases were so outrageous in 2008, why are Mr WELLS — I guess the issue for us is financial they not so in 2011? responsibility. You have the situation, for example — just the one that comes to mind — of the desalination Mr WELLS (Treasurer) — Isn’t it ironic — — plant, which is costing almost $2 million per day in addition to what they had blown out the costs on that to. Honourable members interjecting. You have regional rail blow-outs, you have myki The SPEAKER — Order! Members of the house blow-outs and Melbourne Markets — the list is should understand that if we are going to get some ongoing. answers, we must have some silence in the house. I Ms Allan — On a point of order, Speaker — — know this is mad Thursday before a six-week break from parliamentary sittings. I would like to see the last The SPEAKER — Order! The member for question time before the break conducted in an orderly Bendigo East does not have to raise a point of order. I way. If there are any further outbursts like that when the ask the Treasurer to answer the question and not debate Treasurer or anyone else gets to their feet, I will be the question. dealing with members promptly. Mr Holding interjected. Mr WELLS — Isn’t it ironic that this former minister for finance wants to lecture us about financial The SPEAKER — Order! The member for responsibility when we consider the Ombudsman’s Lyndhurst will be on his way out the door in a minute. report and the $3 billion shortfall — — Mr WELLS — On 25 November last year we The SPEAKER — Order! Before I call the point of released every single one of our election commitments. order I will also say to members of the government that Every single one of them was budgeted; every single I will have no outbursts from them either, or I will deal one of them was costed — — with those members as well. There will be no more warnings for anyone. Mr Andrews — On a point of order, Speaker, I renew the point of order I made earlier on. Again I ask Mr Andrews — On a point of order, Speaker, the you, very simply, to bring the minister back to question related to the Treasurer’s decision to answering the question. automatically index fees and fines from midnight
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The SPEAKER — Order! I do not uphold the point I am pleased and proud to say that the government has of order. I ask the Treasurer to answer the question. recently entered into an agreement with True Foods Pty Ltd to assist the company to relocate and to expand its Mr WELLS — And 1 July will bring great news for production facilities at Maryborough in central the people of Victoria. We have stamp duty cuts for Victoria. I see a nod from the member for Ripon; I am young farmers under the age of 35, for first home sure he will be absolutely delighted to hear all this. The buyers and for people wanting to downsize — 1 July government has proposed to the company a grant of will bring great news to this state. It is something that $500 000; the Central Goldfields Shire Council is the previous government had 11 years to address, but it contributing a further $100 000. failed to do so. True Foods, as you no doubt are aware, Speaker, Mr Herbert interjected. produces bakery products for the fast-food and retail trade. The company’s business, I am pleased to say, is Questions interrupted. expanding very rapidly and its products are sold nationally. True Foods will be investing a total of SUSPENSION OF MEMBER $6 million in Maryborough. This initiative is expected to create 165 jobs in the town over the course of the Member for Eltham coming five years. The company will be establishing its new business in the old Nestlé factory at Maryborough, The SPEAKER — Order! I warned people that which, as the local member would know, has been they would be out of the chamber. Under standing vacant for the past three years. The $500 000 grant order 124 I ask the member for Eltham to vacate the from our government will be sourced from the chamber for an hour. $10 million Victorian Business Flood Recovery Fund, and True Foods fits well within the boundaries of the Honourable member for Eltham withdrew from guidelines in relation to being able to access that fund. chamber. Not surprisingly, this initiative has been greeted very warmly in Maryborough. The CEO, Mark Johnston, is QUESTIONS WITHOUT NOTICE quoted in the Maryborough District Advertiser as saying, ‘It’s another sign of confidence in Government: fees and charges Maryborough’. In the same paper the mayor, Chris Meddows-Taylor, described this announcement as Questions resumed. ‘fantastic news’. Maryborough is in the Shire of Central Mr WELLS (Treasurer) — We are very proud of Goldfields, which is one of the most disadvantaged our achievements as of 1 July. shires in Victoria. It has a strong history of manufacturing, but it has been challenged by the The SPEAKER — Order! The Treasurer’s time has closure of a number of key industries, and that does expired. present as a problem in a contemporary world with international competition and diverse economies. I must Regional and rural Victoria: government pay tribute to the Parliamentary Secretary for Regional initiatives Development, a member for Northern Victoria Region in another place, Damian Drum, for the way he has Mr McCURDY (Murray Valley) — My question is driven this great initiative. to the Deputy Premier as Minister for Regional and Rural Development. Can the minister update the house This comes on top of our recent announcement of on how the coalition government’s regional and rural $2.5 million to the municipality to support its Go investment is delivering new industry and more jobs in Goldfields strategy. That strategy is intended to assist disadvantaged regions in Victoria? those who are disadvantaged in the community and to assist particularly in the early childhood, youth, skills Mr RYAN (Minister for Regional and Rural and training spheres. I will be in Maryborough over the Development) — I thank the member for his question course of the coming few days, and I am sure the and for the wonderful job he is doing in the seat of opportunity will then present to have further Murray Valley. The coalition government is delivering discussions with the municipality and the local on its plan for the creation of new prosperity, more job community over what a great initiative this is. opportunities and a better quality of life for regional and rural Victorians.
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Rural and regional Victorians can look forward to much what impact the pre-auction club offer had on the more of this sort of news over the course of the coming outcome? year. Next week I will be formally launching the $1 billion Regional Growth Fund at the University of Mr O’BRIEN (Minister for Gaming) — I thank the Ballarat. This $1 billion fund will bring wonderful member for Burwood for his question. The shameful outcomes for rural and regional Victoria. It will be loss of $3 billion of Victorian taxpayers money on the focused around the capacity to create jobs and grow our botched sale of gaming entitlements — — communities; 40 per cent will be allocated to local projects and another 60 per cent in relation to strategic Ms Hennessy interjected. initiatives. The Regional Growth Fund will offer Questions interrupted. flexible opportunities for funding in circumstances where that opportunity has otherwise previously never existed. This is the Baillieu Liberal-Nationals coalition SUSPENSION OF MEMBER government driving development throughout regional and rural Victoria. We are going to see much more of Member for Altona this with the passage of time. The SPEAKER — Order! Under standing Government: fees and charges order 124 the member for Altona will leave the chamber for an hour. Mr HOLDING (Lyndhurst) — My question is again to the Treasurer. Is the Treasurer really expecting Honourable member for Altona withdrew from Victorians to believe that it is great news that from chamber. midnight tonight hundreds of fees and fines — every fee and fine in the state — will rise by 2.25 per cent? Is it really the Treasurer’s view that what was outrageous QUESTIONS WITHOUT NOTICE in 2008 has miraculously become great news in 2011? Gaming: auction process Mr WELLS (Treasurer) — I just wonder whether I should continue with the good news about what will Questions resumed. happen on 1 July, because apart from the stamp duty Mr O’BRIEN (Minister for Gaming) — This there is the ambulance subscription reduction of botched sale sets a new low for financial incompetence 50 per cent on top of the announcement already made in this state’s history. The former Labor government of the 17.5 per cent power concession. tried to bury the Guilty Party tag, but this report shows Let me bring it back to what the shadow Treasurer that the Guilty Party still lives. Speaking of voices from asked. The issue is in regard to the 2.25 per cent. The beyond the political grave, was it not interesting — — actual forecast for inflation for the 2011–12 year is Honourable members interjecting. 2.75 per cent, so we have adopted what Labor had in its last financial year — that is, 2.25 per cent — to assist The SPEAKER — Order! I warned all members Victorian families. That means there is a cut in the real earlier that I am not going to tolerate the behaviour that costs of those government services. In the 2010–11 year is going on here today. Anyone who opens their mouth, Labor had a policy of 2.25 per cent and the forecast for apart from the person I have called, will be out of the inflation over 2011–12 was 2.75 per cent. We have chamber. There will be no warnings and no anything used the Labor government’s rate of 2.25 per cent. We else — members will be out. could have followed what Labor had done and put it up to the maximum of 2.75 per cent, but we have made a Mr O’BRIEN — Speaking of voices from beyond decision to make it 2.25 per cent. the political grave, it was very interesting to read the commentary by the former Minister for Gaming in the Gaming: auction process Age today. He seemed to be suggesting that it was the responsibility of The Nationals that there was a Mr WATT (Burwood) — My question is to the pre-auction offer to clubs. Even putting aside for one Minister for Gaming. I refer to the Auditor-General’s moment that when you are the government, you accept findings that the former Labor government lost responsibility for looking after lucrative Victorian $3 billion on the allocation of lucrative 10-year gaming community assets, let us examine this claim closely. licences, and I ask: can the minister inform the house of
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Under the pre-auction club offer system, clubs were Another article from the Whitehorse Leader says: offered machines at a fixed price depending on their revenue. Sixty-three per cent of the club allocation went The venue operator … said 10-year club licences for pokies did not rise about $5500 … which was vastly less than the through the pre-auction offer, and the average price $50 000-plus it paid for each of its machines at a pre-auction paid was $42 014 per machine. This was under the sale last month. system Labor did not want to see. What happened under the auction system, Labor’s system? Those same This is a financial disaster. It is all Labor’s doing. It lost club allocations — — $3 billion of taxpayer value, and that pre-auction club offer actually saved taxpayers hundreds of millions of Honourable members interjecting. dollars that otherwise would have added to this shameful financial incompetence. Questions interrupted. Government: e-services procurement policy
SUSPENSION OF MEMBER Mr MADDEN (Essendon) — My question is directed to the Minister for Innovation, Services and Member for Yan Yean Small Business. I refer the minister to the Baillieu government’s decision to slash the number of The SPEAKER — Order! The member for Yan companies permitted to bid for government work Yean is to leave the chamber for an hour. Anyone else through the e-services panel, and I refer to comments who raises a piece of paper as a prop will also be out of from the Australian Information Industry Association the chamber chief, Ian Birks, who stated that ‘the level of Honourable member for Yan Yean withdrew from consultation with industry throughout the whole chamber. process has been very disappointing, and that is quite contrary to what the Victorian government has done in the past’. I ask: given that experts say this is a big win QUESTIONS WITHOUT NOTICE for New South Wales, will the minister step in to protect Victorian small businesses and jobs? Gaming: auction process Ms ASHER (Minister for Innovation, Services and Questions resumed. Small Business) — I thank the member for Essendon for his first question. We are always very pleased to see Mr O’BRIEN (Minister for Gaming) — The the member for Essendon, because as long as he is in pre-auction offer generated $42 014 per machine. What the Parliament we will all remember the Windsor. happened under Labor’s auction system? What did it raise? It raised an average of $14 134. The pre-auction Ms Allan — On a point of order, Speaker, you have offer system raised three times more than Labor got at pleaded with the house for the smooth operation of auction. First of all, I say on behalf of taxpayers, thank question time. I fail to see how the minister attacking you to the Deputy Premier and The Nationals for the member for asking the question is in the spirit of actually delivering a positive outcome. The second your ruling, and I ask you to have her cease and answer thing is that when I see that the former Minister for the question. Gaming said that Labor had nothing to do with it, given that it delivered financial equity for these machine The SPEAKER — Order! I do not uphold the point values, I am tempted to believe him. of order, but I do ask the minister to return to answering the question. What happened at Labor’s auction? Caroline Wilson in the Age on 13 May last year said: Ms ASHER — The question related to a whole-of-government supply for tender services and its Hawthorn … were celebrating after Monday’s silent auction, impact on small business, and I am aware of the having paid the $5500 minimum for some 100 machines for whole-of-government procurement policy that has been which it had considered bidding $110 000 each. announced. I can say, by way of example, that I would That is Labor’s auction. not ask a question about procurement if I were a member of the Labor Party. There are a series of — — Melbourne Football Club’s board allocated chief executive Cameron Schwab $4 million for 92 machines …but the Honourable members interjecting. Demons ended up paying a total of $370 000 …
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Mr Andrews — On a point of order, Speaker, quite SUSPENSION OF MEMBER seriously, the minister is treating your ruling and your request for appropriate conduct today, the last day Member for Albert Park before the winter break, with absolute contempt, and I ask you to draw her back to answering the question in The SPEAKER — Order! The member for Albert accordance with standing orders. Park can leave the chamber for an hour.
The SPEAKER — Order! I uphold the point of Honourable member for Albert Park withdrew order, and I ask the minister to not try to incite people from chamber. to interject on her.
Ms ASHER — The question related to a QUESTIONS WITHOUT NOTICE whole-of-government e-services panel in relation to a whole-of-government procurement policy. As I also Waste management: government action said earlier in direct answer to this question, I do not Questions resumed. think the Labor Party is on strong ground on IT. Mr R. SMITH (Minister for Environment and The SPEAKER — Order! The minister has Climate Change) — The strategy was supposed to set concluded her answer. statewide objectives and targets to reduce the amount of Honourable members interjecting. solid waste that is generated, but instead this report shows that 7 years into a 10-year plan there is almost no Mr Madden — On a point of order, Speaker, it does likelihood of the targets being achieved. This report is not seem that the minister has attempted to answer the an embarrassing indictment of the previous question at all. If she was asleep when I asked the government’s lack of vision, lack of planning, lack of question, I am happy to ask it again. leadership and lack of oversight.
The SPEAKER — Order! The member is not going The Auditor-General’s report shows that the previous to get a chance to. government’s strategy for waste management was just another stunt with little evidence of tangible outcomes. Waste management: government action I will go to a few quotes. The report says:
Ms WREFORD (Mordialloc) — My question is to For the past six years TZW has been approached without any the Minister for Environment and Climate Change. Can coherent structure. the minister inform the house of the results of And: yesterday’s damning report by the Auditor-General into waste management in Victoria? The absence of an implementation plan, seven years into a 10-year strategy, provides little assurance that unintended Mr R. SMITH (Minister for Environment and outcomes can be achieved … Climate Change) — I thank the member for Mordialloc The report goes on to say: for her question. There is a group in our community that has set up a post office box recently so that it might … planning for TZW’s practical implementation by receive tip-offs about examples of mismanagement. I individual agencies has been poor. Their approaches to have to say that I am tempted to pop over to that post developing and finalising waste management plans have office box and slip this Auditor-General’s report into varied, with plans incomplete, outdated and not aligned with the strategy. the opposition’s slot, because this report into the former government’s management of solid waste in Victoria is The Auditor-General also points out: a damning indictment of the mismanagement and lack of oversight by former governments. Sustainability Victoria does not have a clear understanding of the status of TZW actions, nor does it know whether The former government’s Towards Zero Waste (TZW) contributing actions have been affective. strategy was supposed to set statewide objectives and Finally, the report also says: targets. … there is a poor accountability framework in place for the Mr Foley interjected. funds. Funding is not tracked in terms of its destination and use. There is no reporting framework in place to inform Questions interrupted. decision-makers of the effectiveness of the use of funds …
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and whether they have been used efficiently and Ms Allan interjected. economically to manage waste … Questions interrupted. It is all targets and no outcomes. It is outrageous that the former government provided so little oversight that it took a change of government and this SUSPENSION OF MEMBER Auditor-General’s report for these issues to be detected or even to be acted upon. Furthermore, this report Member for Bendigo East demonstrates the former government’s inability over 11 long, dark years to tackle the issues in the waste The SPEAKER — Order! The member for industry. It shows that the former government did not Bendigo East can leave the chamber for half an hour. tackle those issues. Our government will face those issues and tackle them as they should be tackled. Honourable member for Bendigo East withdrew from chamber. The Auditor-General’s report provides us with timely evidence of the work already under way by the Baillieu government to improve the performance of the QUESTIONS WITHOUT NOTICE waste-management sector. It informs us that that work is under way and is supported — and we did not need Government: procurement policy to see the Auditor-General’s report to tell us there was Questions resumed. something smelly in the waste industry. We have already introduced measures to clean up the mess that Mr BAILLIEU (Premier) — I have made it clear our government has inherited. Some months ago I that the government welcomes VCEC’s interim report. directed Sustainability Victoria to examine the focus We do not have a position on interim reports; we will and direction of its programs and its waste-management not be commenting in detail on interim reports. We strategies, and we are already doing the hard policy look forward to the final report. But I can say that we work that will ensure Victoria has the right policy have already indicated — before the election and since settings to address waste management in this state. the election — that we have a strong commitment to ensuring that we get a maximum number of local jobs The Auditor-General’s report adds to the growing out of procurement practices. Indeed that will be the number of reports that clearly demonstrate the former case, and we will be looking to measures to ensure that. government’s complete inability to manage a project We believe there is a role — I have addressed this effectively, be it in the area of waste or be it in the area question before — for considering the benefits to the of renewable energy, or in its bungling of its gaming economy, the benefits to jobs and the benefits to machine options, which cost this state $3 billion. The securing capacity over the longer term in our economy, list of failures by the former government continues to and that is the approach we will be taking. be exposed by the Auditor-General, and it is a stark reminder of why the Labor Party members now sit on Greyhound racing: government support the opposition benches. Mr ANGUS (Forest Hill) — My question is to the Government: procurement policy Minister for Racing. Can the minister advise what the government is doing to support Victoria’s greyhound Mr ANDREWS (Leader of the Opposition) — My industry? question is directed to the Premier. I refer the Premier to the fact that in less than 100 days the New South Dr NAPTHINE (Minister for Racing) — I thank Wales Liberal government has already established the member for Forest Hill for his question. Greyhound Infrastructure NSW to support jobs in New South racing is a terrific, exciting sport, but it is also a major Wales, and I ask: will the Premier rule out adopting the employer and a growing industry in our state. In recommendations of his own VCEC (Victorian Victoria greyhound racing is controlled by Greyhound Competition and Efficiency Commission) report that Racing Victoria. The board of GRV is appointed by the scraps local content and puts local jobs here in Victoria Governor in Council on advice from the Minister for at direct risk? Racing — in other words, the minister selects the members of GRV. Mr BAILLIEU (Premier) — I thank the Leader of the Opposition for his question. This is a question that Recently I appointed a new member to this board to has been addressed to me in the public arena, if I join the existing members who had been appointed by remember correctly.
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2466 ASSEMBLY Thursday, 30 June 2011 the previous government and the previous Minister for The SPEAKER — Order! What is the member’s Racing, who is currently the Deputy Leader of the point of order? Opposition. In September–October last year, prior to the state election, Greyhound Racing Victoria Ms Campbell — The point of order is that the commissioned Coffey Commercial Advisory to review current minister is casting unfair comment upon state and regional facilities, membership and somebody who is not here due to illness. governance of the Victorian greyhound industry. Given the significance of this consultancy for the direction and The SPEAKER — Order! There is no point of future of greyhound racing in Victoria, there is no doubt order. in my mind that the office of the then Minister for Dr NAPTHINE — I outlined to the greyhound Racing would have been — as the minister himself industry on Monday night in Geelong that under the would have been — fully briefed, fully aware, fully Baillieu coalition there will be no forced closures or informed and fully involved with the project brief and mergers of greyhound tracks. We strongly support a the directions given to the consultants by Greyhound positive, ongoing role for local clubs and local Racing Victoria. committees working with GRV to continue to The project brief asked the consultants to examine contribute to a great greyhound racing industry in issues including ‘rationalisation’ of facilities and Victoria. We support local clubs and our local ‘governance models’ to deal with what was described industries. as a lack of expertise at the club or track level. I advise The SPEAKER — Order! The minister’s time has the house that the Coffey report was provided to concluded. The time allocated for questions has greyhound racing clubs on Monday and will be posted concluded. on the GRV website tomorrow. It has four recommendations. GOVERNOR’S SPEECH The first of the recommendations is for a rationalisation of racetracks. This is a report set up under the previous Address-in-reply government with the imprimatur of the previous Minister for Racing, the current Deputy Leader of the Debate resumed. Opposition, recommending rationalisation of racetracks, and it identifies the following tracks for Mr EREN (Lara) — As I was saying before the closure or merger: Traralgon, Warragul, Cranbourne lunch break, the previous government made a record and Horsham. It also recommends ‘phased approach to investment in public housing. Investment to the tune of a centralised system for the management and operation well over $500 million was announced by the Labor of tracks and facilities’. It proposes to sack — sack — government, of which I was happy to receive about local clubs, local committees and local volunteers in $40 million in funding towards public housing in my favour of a city-centric, centralised model for running electorate. As I was saying, the new homes will be built greyhound races in Victoria. to meet the local need for modern and affordable accommodation. Both of the stages will directly support This was Labor’s secret plan for greyhound racing in or secure over 170 jobs through the course of Victoria. The Labor minister set out the riding construction. instructions for this consultancy, which was established in September and October, and consultants were Another massive investment the Brumby Labor appointed in October last year. This secret plan would government made in the area was in the Corio-Norlane have been implemented if Labor and the former education regeneration project. This project involves Minister for Racing had won the state election and been eight school communities collaborating to form the new re-elected. Northern Bay College located on five campuses. The new schools will allow for a more collaborative and Labor has a track record. It closed the Wangaratta flexible approach to teaching, which means students greyhound track; it closed six harness racing tracks. will be more involved in what, where and how they learn. The schools will also provide students with Ms Campbell — On a point of order, Speaker, I am modern, state-of-the-art facilities designed for improved sure you have wanted somebody to highlight the fact educational outcomes. Stage 1 of the education that it is an understanding in this house — — regeneration project was funded through the 2010 budget for $10 million. This was to provide for the construction of year 7 and 8 technology and science
GOVERNOR’S SPEECH
Thursday, 30 June 2011 ASSEMBLY 2467 facilities at the Hendy Street, Wexford Court and The Regional Growth Fund is to provide $1 billion over Peacock Avenue campuses. It also included a year 9 eight years, and if you break that down it is facility at the Goldsworthy Road campus. The schools $125 million a year. When you think about the whole involved were expecting the second stage of funding of regional Victoria and think about the definition of for that vitally important project. Unfortunately in its regional Victoria, which has been changed to first budget this government did not commit to any encompass the eight vitally important growth areas, further moneys. I, along with that community, would including Wyndham Vale, one of the fastest growing expect the next budget to allocate the second stage of areas in all of the nation, $125 million is not going to go funding, to the tune of $17 million. a long way. In the last eight years Geelong, leaving aside the rest of country and regional Victoria, would There have been many other investments in education have received close to $1 billion on its own. Now there in my electorate, totalling more than $59 million. This will be competition for that $125 million, not only includes the construction of the first secondary college throughout regional and country Victoria but now also in Lara, as well as a brand-new P–12 college in from the growing areas of Melton, Wyndham Vale and Wyndham Vale. In addition there have been numerous the other seven or eight growth areas that have been upgrades of existing facilities including the newly designated. Those growth areas have pressure points of refurbished Little River Primary School, North Shore their own; they need lots of infrastructure to Primary School, Rollins Primary School, St Francis accommodate that growth, and the $125 million to be Xavier Primary School at Corio, Anakie Primary provided through the Regional Growth Fund is going to School and Lara Lake Primary School, just to mention be totally inadequate. a few. As I mentioned, at the top of my electorate is Lara is a suburb in my electorate that has grown rapidly Wyndham Vale, one of the fastest growing regions in over the last few years, and we took measures to ensure the nation. As well as the other investments into that we had adequate infrastructure to meet the education in my electorate one of the really proud requirements of this growing community. Emergency achievements is the new P–12 school. The previous services were a top priority for the residents; therefore government invested massive amounts of money into the Brumby Labor government delivered and improved that school and it continues to grow. these vital services. A brand-new Country Fire Authority station and a brand-new ambulance station A number of other significant investments were made were constructed and, as we speak, a brand-new police by the previous government. To meet the growing station is being constructed. Its funding totalled public transport needs in the area it committed funding $5.8 million. to the tune of $1 billion towards the $4.3 billion regional rail link, which is the largest rail project in the Four years ago I spoke of my wish that in the future nation. This is a vitally important project that will Avalon Airport would become home to other airlines. deliver essential public transport connections for the This occurred in 2010, when Tiger Airways announced area. It will provide a brand new rail line and two new it would begin to fly out of Avalon. That was a stations, allowing many residents to access convenient remarkable achievement. Avalon will continue to grow train travel for the very first time. into the future. Avalon Airport has had a substantial growth phase under a Labor government. In 1997 the There has been further investment into this area, airport had a total of 150 staff; today it employs around including over $3.5 million into Werribee racecourse, 1300 full-time staff, which now makes it one of the $2.1 million into the Armstrong Road planning study, major employers in Geelong. Since the airport began $3 million for the works at the intersection of Werribee commercial operation in 2004 it has grown into a and Cottrell streets, $7 million for the new Wyndham thriving business centre with a turnover of 1 million North police station as well as a new State Emergency passengers each year. This growth was assisted by the Service headquarters unit at Wyndham West, to name a previous government, which was fully supportive of few. regional airports and proved this support by investing over $25 million in airport infrastructure upgrades I have only named a few of the previous government’s though the Regional Infrastructure Development Fund, commitments. As is evident, it made a record which unfortunately was scrapped by this government investment into my electorate and the Geelong region. and replaced by the Regional Growth Fund. This just goes to show that funding for regional and rural Victoria was a top priority for the Labor Party. The government has said that the Regional Growth However, there is much more to be done. Projects such Fund has $1 billion in it but in fact it has $500 million. as the Corio-Norlane education regeneration, the
PARLIAMENTARY SALARIES AND SUPERANNUATION AMENDMENT BILL 2011
2468 ASSEMBLY Thursday, 30 June 2011 regional rail link and the Geelong Ring Road require example of leadership by the Baillieu government further funding. Other areas such as Wyndham Vale, because this is a government that is committed to Corio, Norlane and Lara will also require further integrity and good behaviour, both in the community investment to ensure they meet the growing demands of and in the Parliament. Bringing in this bill enhances the area. This is a commitment the current government that leadership and encourages each of us in this place must make. and in the other place to conduct ourselves in a manner that is appropriate. Much more capital needs to be injected into projects like road upgrades for Wyndham and Lara; there needs Overnight I was mulling over numbers because we to be more investment into Corio and Norlane, as well have had a number of contributions from members on as investment into emergency services such as police, the other side talking about the quantum and other the Country Fire Authority and ambulance stations. The aspects of the bill and their resistance to this legislation. public health system in both Geelong and Werribee If we assume the base salary is around $130 000, that needs to be a top priority, as does continued support of comes to about $356 a day. I am putting that figure out small and large businesses. Companies such as Ford, in light of yesterday’s tabling of the Auditor-General’s Cotton On, Chemring Australia and Avalon Airport are report into the allocation of electronic gaming machine instrumental to ensuring that Geelong continues to entitlements, which shows that the then Labor maintain a strong and thriving economy. government essentially forwent $3 billion in potential income from those sales. I note that $3 billion is an Geelong, being the second biggest city in Victoria after extraordinary amount. If we divide it by the daily rate Melbourne, is accommodating a fair bit of growth. We of $356, that gives us 8 426 966 days. If we divide that estimate that the population will grow in the wider number of days by 128 members, it gives us Geelong region by about 100 000 over the next few 65 835 days per member, and if we put that into years, years. Apart from Armstrong Creek some of the areas that is 180 years. The amount that was wasted in the in my electorate, such as Lovely Banks and Wyndham process we heard about yesterday would be enough to Vale, continue to grow. I reiterate that the Regional fund the base salary of every member of this house and Growth Fund will not be adequate to accommodate the the other house for 180 years. That explanation infrastructure needs of this growing community. provides some kind of context in relation to the massive figure of $3 billion. Jobs are another important aspect of my electorate, particularly in Corio and Norlane. Residents who live in We hear bleating from the other side in their resistance that area are surrounded by potential employers, but to this legislation, and quite frankly it is a scandal that unfortunately the population there needs a lot of the people of Victoria need to be calling the former assistance in becoming job ready so that they can work government to account. This new government stands in in the manufacturing sector and for other employers in stark contrast. We are committed to responsible the area. I urge the government to invest in my financial management and responsible behaviour. Our electorate so that it can grow even more. anti-hoon legislation and the various other pieces of legislation in relation to antisocial behaviour that we are Debate adjourned on motion of Mr CRISP already rolling out in such an efficient manner are well (Mildura). and truly evidence of that. We are sending a clear Debate adjourned until later this day. message to the community in relation to the levels and standards of acceptable behaviour. We in this place need to be leaders in that regard as well as in other PARLIAMENTARY SALARIES AND areas, hence my strong support for this bill. SUPERANNUATION AMENDMENT BILL In conclusion, this is a good, common-sense bill. It 2011 encourages good behaviour and sets a good example. Second reading When we go around in our communities, and in this place as well, we are leaders and we set the example. It Debate resumed from 29 June; motion of is very important that any errant behaviour is dealt with Mr McINTOSH (Minister for Corrections). appropriately, and this bill is a good way of doing that. I support the bill and commend it to the house. Mr ANGUS (Forest Hill) — I am pleased to resume my contribution to the debate on the Parliamentary Mr CARBINES (Ivanhoe) — I am pleased to rise Salaries and Superannuation Amendment Bill 2011. I to speak on the Parliamentary Salaries and was saying previously that this legislation is another Superannuation Amendment Bill 2011. The Labor
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Party will be opposing the bill — or perhaps we should expectations of my employer — in this case the electors be referring to it as a political stunt rather than a bill of Ivanhoe — are tasks I have taken very seriously. before Parliament. I know I am accountable to the people of the Ivanhoe electorate, who elected me to I note that certain behaviour — that is, not unruly or represent them in this place. I draw the attention of the disruptive behaviour but behaviour whereby members house to Legislative Assembly fact sheet E1, printed by of Parliament, as lawmakers who vote on legislation in the Parliament of Victoria, which is headed ‘Behaviour this place, do not discharge their duties in accordance in the chamber’. On page 7, under the heading ‘Naming with the expectations of the community — does not and suspending a member for the rest of the day’, it seem to attract a fine under the bill proposed by the states: government. Some ministers in the government have failed to attend votes on legislation in this place, and A named member is usually suspended from the chamber for perhaps that should be considered to be not performing the remainder of the sitting day, but can be suspended for their functions or duties appropriately. As members are longer. A suspended member must not re-enter the chamber during their suspension. seen by constituents as the voice of the electorate, it is perhaps not unruly behaviour but behaviour that means But this is the important part of what is detailed here: that responsibilities are not discharged that should attract a fine. As I pointed out, the naming and To be named is a serious punishment because the named suspension of a member for the rest of the day is a member’s electorate is, in effect, not represented in the chamber for that period. serious punishment because, in effect, the named member’s electorate is not represented in the chamber That is the relevant point that we can all take note of in for that period. What do the electors, who are our relation to our behaviour in this place and the way in employers, have to say when we are not in the chamber which punishments are meted out to members who to discharge our duties as law-makers? misbehave — that is, naming and suspension from this house. As this fact sheet makes very clear, the effect of In order to give the government some ideas about a member being named is that the named member’s matters that could attract a fine, and maybe to electorate is not represented in the chamber for that encourage members of Parliament to discharge their period. That is punishment enough. That is a duties to their electors, I quote from an article in the punishment that the electorate understands. Herald Sun of 27 May headed ‘Red-faced Mary Constituents want their elected representatives to Wooldridge misses key vote’, which states: represent them in this house. To impose fines on A red-faced community services minister Mary Wooldridge members of Parliament is one thing, but named missed a key vote in Parliament resulting in the defeat of the members not being able to represent their electorate in coalition’s much-hyped equal opportunity bill. this house is actually a far greater punishment. The issue in relation to fines also gets back to not thinking This is the first time in more than 30 years a government has seen its own bill defeated in the lower house. through the effects of these sorts of punishments on members in this place. Ms Wooldridge is expected to face serious questions after her slip-up. When talking about behaviour in the chamber it is Last night she admitted to being ‘embarrassed’ at missing the important to also reflect on what sort of behaviour division. constitutes the potential to attract a fine. It is not listed anywhere at all in the bill or in any directions for the After public servants had to redraft legislation and Speaker to refer to that a fine would be incurred if prepare further advice so that the house could come members of Parliament were not to carry out the duties back and debate the bill again, were members ever that they were elected to perform. As lawmakers, one of provided with a calculation of the cost to taxpayers of our clear duties is to attend votes on legislation in this work time lost of public servants who had to go about house and to do so at all times. That is a requirement of their duties for a second, third or fourth time because an members of Parliament, who are elected to represent elected member of this place had not discharged their their constituents in this place. There may be members duty as a law-maker? There may have been an who choose to absent themselves from a vote for a explanation as to the minister’s reasons for not range of reasons, but if it is noted that a member of attending, but if the government wants to go down the Parliament is not present as a lawmaker in this place path of fining members, perhaps it should consider and as a voice for their local electorate, is a fine fining those members who do not discharge their duties imposed on such a member? In any workplace I have in this place to the expectations of the public and their worked in, turning up, discharging my responsibilities, constituents. That may well be an incentive for doing the job to the best of my ability and meeting the members to attend and discharge their duties in this
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2470 ASSEMBLY Thursday, 30 June 2011 place, not just around behaviour but also around their The ACTING SPEAKER duties as law-makers on behalf of the community. (Mr Pandazopoulos) — Order! That is not a point of Perhaps we could see a doubling of fines as a further order. disincentive. Dr Napthine — Perhaps the member should suggest In case the government thinks this is not a common that he be included in the fines! I suggest the member example and that maybe I am picking on examples that come back to the bill. are a once-in-a-blue-moon or once-in-a-lifetime events, I point to a second example that will perhaps also The ACTING SPEAKER provide encouragement to members of the government (Mr Pandazopoulos) — Order! The minister knows to be present to discharge their duties on behalf of the that is not a point of order. people of Victoria, who are their employers. An article in the Herald Sun of 2 June headed ‘State government Mr CARBINES — If other members have matters criticised after second Liberal MP in week misses vote’ they would like to raise, they should feel free to do so. I states: am just providing some suggestions and examples of further behaviour that does not meet the expectations of The opposition has slammed the state government for failing the community, which the government could act on in to respect the procedures of Parliament after a vote was relation to this legislation rather than trying to shut missed for the second time in a week because a Liberal MP down the opposition and silence members of the Labor failed to show up. Party and those who wish to raise dissent in this place. The vote was delayed by over an hour after Liberal MP Louise Asher failed to make it into the chamber on time. Mrs BAUER (Carrum) — It is my pleasure to rise to support the Parliamentary Salaries and A government spokesman confirmed Ms Asher missed the Superannuation Amendment Bill 2011. What a load of first procedural vote to the adjournment last night … hogwash we have been subjected to from the member ‘I was asleep’, she admitted to reporters today. for Ivanhoe for the last 10 minutes, and not just from the member for Ivanhoe, but also from members of the I cannot believe it. She then said: opposition earlier. I am very disappointed to see that the I’ve taken measures to ensure it won’t happen again. opposition is not supporting the bill. I say I am disappointed, but I am not surprised. Nothing surprises Perhaps fines should be applied to members of this me with this opposition, but the fact that it is not place who do not discharge their duties as law-makers supporting the bill is very disappointing. People in their according to the expectation of their employers, who electorates would be disappointed and ashamed of their are the people of Victoria and their electors. I quote this local members. The bill endeavours to improve the second example just in case the government thinks this standard of behaviour that all Victorians expect of their is something that does not happen very often. It elected representatives. It is a common-sense bill. I happened on two occasions within the space of a week cannot see how one would oppose it or not support it. to senior and experienced members of the government. The bill sends a clear message to members that if One of the key reasons for being a member of behaviour is bad and completely unacceptable, then Parliament is to discharge your duties as a they can take a hike. law-maker — — The timing of the bill is absolutely perfect. I would like Mr Helper — Is to snooze! to take a moment to refer to question time today. I note there are quite a number of people in the gallery Mr CARBINES — Clearly, as the member for watching the proceedings, and I imagine some of them Ripon says, it may well be to snooze. Returning to the were here for question time. In the past seven months I article in the Herald Sun of 2 June, I need to point have not seen such an absolutely disgraceful display out — — from members of the opposition. They have no respect for the Speaker; they did not listen to his rulings. Five Dr Napthine — On a point of order, Acting members were thrown out in the space of about Speaker, the member has had a fair bit of liberty. I ask 30 minutes. Not only were they thrown out, but they you to bring him back to the bill before the house, or were laughing as they went. What sort of message does perhaps he could refer to the member for that send to people, particularly students, who come Broadmeadows, who was late one morning coming here and sit in the gallery to listen to their elected from Brighton — — members representing their community? It is no laughing matter. I thought it was a disgrace to see
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Thursday, 30 June 2011 ASSEMBLY 2471 members smirking and chuckling as they went out to Parliament for a day is no badge of honour. In fact it join one another for a coffee. should be a badge of shame, a badge that means that you have disrespected your colleagues and failed your The bill is about respect and, having seen the lack of constituents. respect shown by members in question time, the timing of the debate is absolutely perfect. There needs to be Honourable members interjecting. respect for the institution of the Parliament, respect for the Speaker in this place and for the President in the Mrs BAUER — I am pleased that members of the Legislative Council. Believe it or not, government opposition are listening so intently, because this is members are leaders in our community. We need to directed at them. inspire Victorians, not disappoint or embarrass them. Clearly in a member’s absence their community has An honourable member interjected. absolutely no representation in this house. If a member chooses to act in an offensive, disorderly or obstructive Mrs BAUER — I think members opposite have manner, their community should not suffer. The been embarrassing them by their conduct today. If all member should be accountable and should have their parties could agree that a member of Parliament salary forfeited. I believe this is Parliament’s version of dismissed from the chamber should be adequately a swear jar. punished, we might see an improvement in decorum. I mentioned before that it is a load of hogwash that Mr Helper — Oh, no. opposition members are not supporting the bill. They call it a political stunt. They are scared that this may Mrs BAUER — Yes, and I am sure it will start to limit their ability to take part in this behaviour in the be filled up by members over there if the disgraceful Parliament. I tell them that we need to see an show by five members of the opposition being improvement in decorum in this place. This legislation suspended at question time today is anything to go by. will ensure that the standards of this house are In order to ensure that members desist from this type of maintained at the highest possible level. conduct and that they respect the house, we are finding I am sure we have all had experiences of inviting that we have to introduce this legislation. It is not a visitors to watch the proceedings of the house only to political stunt; we just have to do it to teach the be embarrassed by the antics of parliamentary opposition a lesson. Members of Parliament who colleagues. The antics of those opposite, which we repeatedly misbehave while Parliament is sitting will witnessed on the first day of sitting of the have to donate a day’s pay to charity. 57th Parliament were so bad that new members of the Members of Parliament have been kicked out of Parliament missed out on delivering their inaugural Parliament numerous times for bad behaviour, speech, and I was one of them. Opposition members including today, but rarely for a full day. This bill is not might have short memories, but people who were here about those members who have accidentally let their for the opening of the 57th Parliament, came along to mobile phones ring. This is about those who have listen to the new members. It was an absolute disgrace shown absolutely no respect for the standing orders or to see the antics and carry-on. To this day people still the Speaker. Specifically it concerns those who continue to speak about the lack of respect and poor persistently and wilfully obstruct the business of the behaviour they witnessed coming from the other side of house, refuse to conform to a standing order, rule or the house. practice of the house, or disregard authority, as we have I look up at the gallery sometimes and think it is great seen today. This legislation is being introduced to see students from all over Victoria visiting specifically for those members who are named by the Parliament for their civics, policy and political studies Speaker and suspended from the service of the house, education. Children in primary school and high school whether it be for the remainder of the sitting day or any and university students come to visit. After we leave the other period. Under this legislation there are provisions chamber and walk outside they frequently comment on for a member to be fined, with those moneys to be paid the behaviour of members and say, ‘What is going on? to charity. Why are they so bad? They are setting such a bad It should be noted that there have been eight members example’. Schoolchildren sometimes behave better than excluded from the house for the rest of the day or members of this house, as we have seen from the longer since 2006. In the past the media has rewarded behaviour of those on the other side of this house. This bad behaviour and the naming of members with is the Parliament of Victoria. Being thrown out of extensive media coverage. Often the nastiest or most
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2472 ASSEMBLY Thursday, 30 June 2011 outrageous comment of the day is what makes the Having been in this Parliament for 18 years and having news, and a number of members have been named in worked under a number of Speakers and Presidents, I the past as the result of a political stunt. We recognise have witnessed occasions where, if the government has this. Unfortunately this just perpetuates the general the numbers, or the majority, it can shut down and public’s poor opinion of how their elected marginalise other parliamentarians. representatives behave in Parliament. This bill sends a clear message to members of Parliament that bad It is an absolute disgrace that we should have the behaviour is completely unacceptable. A similar system members for Bentleigh, Murray Valley, Caulfield, of penalties was introduced into the British Parliament South Barwon, Gembrook and Carrum, who have been and House of Commons in 1998 — — here for a measly seven months, trying to say to members on this side of the house and others in this Mr Wynne — Dear, oh dear. Parliament that they know about standards, the role of the Parliament and what members of Parliament should Mrs BAUER — The opposition is saying, ‘Dear, oh be doing in this house and the other house. The member dear’. I would like to inform the opposition that it is for Carrum said, ‘We’re going to teach you guys a working with great success. lesson’. That is what this bill is about. It is about the old Kennett mantra, about shutting down the Parliament. It If all the parties could agree that an MP dismissed from is about making sure that any dissent from the ruling the chamber should be adequately punished, we might government, from the ruling majority, is shut down. see an improvement in decorum. The naming and But it is not only about shutting down debate; offending shaming of members of Parliament is a serious matter, members will be fined. The majority in this house will and it is disappointing to see members of the opposition mete out punishment to the minority — that is, the laughing and thinking it is a joke when we are doing opposition. this because basically we need to improve behaviour in this house, show some respect and ensure that the Let us have a talk about standards, because we have had naming of MPs does have serious consequences. This this pious stand taken by members on the other side of legislation will ensure that the standards of the house the house. Standards are determined by a leader who are maintained to a much higher level. I commend this understands the forms of the house, who believes in the bill to the house and thank the opposition for all of its Parliament and who admonishes and brings to account interjections while I was speaking, because that just his members. Yesterday we saw the standards of this emphasised my point. Premier in allowing appalling conduct by one of his MPs against a young woman. Should he be fined for Mr NARDELLA (Melton) — Democracy is a very that appalling conduct at a railway station? precious thing. Parliamentary democracy is precious for good governance of the jurisdiction that is our society. Dr Napthine — On a point of order, Acting Parliamentary democracy has been developed over Speaker — — centuries by members without their having the additional penalty of having pay docked, which is what Mr NARDELLA — Here we go — the person we are talking about today. It is a dishonour to be who’s going to shut down the Parliament. suspended from the service of the house. When a member’s behaviour transgresses the standing orders Dr Napthine — The member is straying from the and they are named, the house determines the bill before the house. In the interests of relevance, I ask consequences that form the punishment. In this house it you to bring him back to the bill before the house, is the majority — that is, the government — that which is a relatively narrow bill. essentially provides the numbers in voting to support the Speaker to throw out members of the opposition. It TheG ACTIN SPEAKER has been absolutely clear that the government has put (Mr Pandazopoulos) — Order! I think the member is its newbies on this bill today, people who have only just being relevant. He is referring to a broad range of become members of Parliament. standards, so at this stage I do not uphold the point of order. Mr Wynne — There’s nobody left over there! Mr NARDELLA — Standards are part of what this Mr NARDELLA — No, there is. The Minister for is about. Ports is sitting at the table. Honourable members interjecting. Being a parliamentarian is a responsibility, an honour and a position within our society that is very important.
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Mr NARDELLA — Obviously members on the Mr NARDELLA — He called him a pederast, government side of the house do not understand which was an obnoxious accusation, and Jeff Kennett standards. They do not want me to talk about standards should have been suspended from the Parliament. because their leader has no standards and because they, including ministers and parliamentary secretaries of the Dr Napthine — On a point of order, Acting Crown, have no standards themselves. They will rue the Speaker — — day this bill is passed by this house and the other house, because one day you can be in government and the next Mr NARDELLA — Go ahead — go and defend day you can be in opposition. If members think that Jeff Kennett, your mentor and your friend, whom you when we are in government we will withdraw this get your standards from. legislation and go backwards and if they think we will Dr Napthine — Acting Speaker, the outrageous allow this to be imposed against us but will then turn allegations made by the member for Melton are out to be the good guys and withdraw the legislation absolutely and utterly untrue, and he knows them to be just because suddenly the Liberal Party and The untrue. It is a disgrace that he is making those sorts of Nationals find themselves in opposition, they had better allegations against a former Premier of this state who think again. That will not occur. The full force of the served this state with distinction. The former Premier majority, which is what the Liberal Party and The did not say that at all, and the member knows he did not Nationals are all about — imposing their force and their say that — and the Hansard record will show that. I will upon other parliamentarians — will be applied think it is a disgrace that the member for Melton against them when we are in government. continues to perpetrate this absolute untruth.
High standards are set by one’s actions. Over the last The ACTING SPEAKER seven months we have had a Premier who has shown (Mr Pandazopoulos) — Order! I respect the point of that his standards are non-existent. It is not even that he order. Having been there at the time, I do not want to has low standards; he has no standards. He will not put my own interpretation on things. I think this is a bill answer questions. If you want to talk about standards, about standards. It is a wide-ranging debate. I have consider a Premier who does not want to answer heard some of the contributions of other members, and questions. He will not respect the Parliament; he a number of things have been said about what is a changed the rules to allow a vote to be recommitted. standard and what is not. I am listening carefully to the The arrogance, the hubris and the spin that are going member for Melton, and I ask him to keep to the bill. around this Parliament are just unbelievable, as is the However, I do not uphold the point of order at this lack of openness and transparency. Those are the stage. standards that we should be debating today and they are what this bill should be about; it should not be about Mr NARDELLA — After that terrible situation fining members of Parliament who are trying to do their unfolded, the Honourable John Brumby, as Leader of job. the Opposition at the time, was suspended from the service of the house for three days. Under this Government members are about shutting down the legislation he would have lost three days pay because Parliament. They have taken their instructions from the majority on the other side of the house wanted to former Premier Kennett and from former Treasurer shut the Leader of the Opposition down. This Stockdale. I congratulate Mr Stockdale on his win on legislation is from a Premier who, when he was the weekend, but the members of this government have opposition leader, rarely attended the service of this taken their instructions from those people. If you want house. I have worked under a number of presiding to talk about standards, I should mention that Jeff officers. A former President of the Legislative Council, Kennett called the Honourable John Brumby a pederast Mr Bruce Chamberlain, rarely threw members out. It in your time in Parliament, Acting Speaker. I think you occurred only when a member absolutely transgressed were here then. the standing orders, the decency of the house and Honourable members interjecting. respect for the Chair. The members of the Legislative Council respected his rulings. It was used only as a last Mr NARDELLA — He certainly did so. resort. That was very important.
Dr Napthine — That’s a lie. The standards of a government, especially in terms of democracy, have to be based on somebody who understands the forms of this house or the other house, who believes in the Parliament, who believes in
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2474 ASSEMBLY Thursday, 30 June 2011 democracy, who believes in debate and who believes in down debate. Either it will work by raising standards in robust debate within this chamber. This legislation this place or it will not — — before the house proves that is not the case here. The high standards that members on the opposition side of Honourable members interjecting. the house, including me, aspire to will not be assisted by this punitive legislation. It is about shutting down Mr WATT — Yes, I have read the legislation. The the Parliament. This is what Joh Bjelke-Petersen would legislation is about fining people after being named. have wanted in his Parliament — that is, to shut down Mr Wynne interjected. the opposition and to make sure that dissent within the community was shut down. Mr WATT — What is it about? If the member for Richmond listened, he might learn something. The bill In the past we had the land deals and the jailing of is about fining a member if they are named. If the Riach, the Winneke royal commission and the secret member for Richmond had read the standing orders, he Crown casino deals that were done in the seven long, would know that a member may be named by the dark years of Kennett government. These are the types Speaker or Deputy Speaker for: persistently and of things and corruption that have occurred in our state wilfully obstructing the business of the house; being that this government wants to shut down debate about. guilty of disorderly conduct; using offensive words and In the future it will affect honourable members. I refusing to withdraw or apologise; persistently and absolutely abhor this legislation. It is a disgrace that we wilfully refusing to conform to any standing order, rule are debating it today. or practice of the house; persistently or wilfully Mr Wynne — I’m with you, brother. disregarding the authority of the Chair; or refusing to immediately follow an order under standing order 124. Mr WATT (Burwood) — I am glad the member for Standing order 126 deals with the procedure that Richmond is with me. I take great pleasure in rising to happens after the member is named, which is as speak on the Parliamentary Salaries and follows: Superannuation Amendment Bill 2011. The purpose of (1) After naming a member, the Deputy Speaker must this bill is to amend the Parliamentary Salaries and immediately interrupt proceedings and advise the Superannuation Act 1968 to provide for a fine to be Speaker of the naming. imposed on a member who is suspended after being named. I find it interesting, having sat in this chamber (2) Following the naming of a member and a motion being moved ‘That the member be suspended from the service for quite some time and having listened to the bluster of the House during the remainder of that day’s sitting coming from the other side — — (or for such period as the House may think fit)’, the Speaker must put the question immediately without Mr Wynne — Stick to the bill, brother. amendment, adjournment or debate.
Mr WATT — I am fully sticking to the bill and the We are not talking about changing the standing orders. comments made in the bluster that came from members The standing orders remain the same. on the other side when they were speaking on this bill. It is interesting to note that the member for Melton, Mr Wynne — We know that. who spoke before me, stated that while in opposition he Mr WATT — I am glad the member for Richmond and his colleagues are opposed to this bill but that if knows that, but if he listens, he might learn something. they get into government they will be more than happy It is interesting to note that the member for Richmond to use the full force of the legislation against their does not want to have some standards in this place. We opposition. may not be able to hold the previous government to Honourable members interjecting. account for its waste of taxpayers money. We may not be able to hold those opposite to account for the myki Mr WATT — He said he supported it in debacle, the smart meter debacle, the spending of government. A number of members on the other side of nearly $2 million a day on the desalination plant or the house have made the comment that we should even the loss of $3 billion, which was revealed watch out if we, the government, become the yesterday, on pokie licences. But at least we can hold opposition, because the current opposition might use it every member who steps into this house accountable against us as though it is a tool to shut down debate. for their behaviour — — Opposition members are the ones who are actually talking about shutting down debate — firstly saying Mr Wynne — Are we on the bill? that it will not work but then also saying that it will shut
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Mr WATT — I say to the member for Richmond As speakers before me have clearly outlined, this bill is that we are on the bill. Unless footballers and other all about shutting down debate and gagging opposition sportsmen are actually on the playing field, they do not MPs. It misuses parliamentary processes to protect a get paid. Why should members get paid for coming into government that wants to avoid proper scrutiny. When this chamber if they are not going to do their job? reading through the contents of this bill, it is impossible Members who get thrown out of this place do not to conclude anything other than this. Why else would deserve to get paid for work they are supposed to be you have, for example, just one nominee of the doing but are not doing. government as the sole arbiter who dishes out penalties? Why else would there be no recourse for While contributing to the debate on this bill, I make a appeal? Even the nominated charity is determined by note of the Scrutiny of Acts and Regulations just one person — that is, the Speaker, who was Committee’s Alert Digest No. 3 of 2011. I am a nominated by government MPs. The clear opportunities member of SARC. The report states: for abuse of this legislation are wide open. In fact they are so wide that every single call from the Speaker, in For the avoidance of doubt the committee does not doubt the power of the Parliament to punish for contempt either my view, will be second-guessed. No matter how he or committed by members or non-members. she is regarded, they will be second-guessed as a consequence of this flawed bill that is before the house As a government we have the ability to do this. We today. believe there are certain standards that need to be upheld in this place. I find it interesting that the There are many other reasons why this bill is simply opposition is not supporting the bill. I am not sure why not about parliamentary standards and practices. It has opposition members would not support it unless they taken the government six months to deliver on this intend to disrupt proceedings in the house on numerous priority, a priority that it identified as an utmost priority occasions while they are in opposition. six months ago. It has taken six months for the government to bring this forward. The Premier said it I wholeheartedly support the bill. I know each member was one of his primary concerns. However, if on this side of the house takes their duties seriously, parliamentary standards and practices were of such having been elected to Parliament. I am very proud to concern to the Premier, why has it taken him so long to be the member for Burwood. I am proud that my bring this bill to the house and why has he presented a constituents have elected me to be their representative bill that is simply about shutting down debate and in this place. It is my intention to stay in this place for ensuring that opposition members cannot hold this as long as they will allow me to, and that includes an government up to the light? Why has he stopped where understanding that I will not get thrown out of this he has? Why has he not introduced a raft of chamber for being unruly. I would think that every parliamentary reforms that he could have brought member of Parliament would want to do the same thing forward in this bill? He has set those aside and just for their constituents. I do not understand how members gone with this one punitive measure which, as I and are able to represent their constituents by being outside other members before me have said, will be used purely the house, and I do not know why members think they against the opposition. should be paid or not have to pay a fine for not being able to represent their constituents. While we are talking about standards and the Premier’s wanting to set a whole new tone for this government, I I thank the minister for presenting the bill to this house. ask why he is not complying with his own changes I think it is fantastic, and I take great pleasure in made to the sessional orders when he was first brought recommending it to members of the house. to the government benches. I think they are regarded as those pesky little changes that he made right at the start. Ms RICHARDSON (Northcote) — The bill before I think one of the changes that he made was the the house is just like this government — that is, it is not importance of being relevant to the question. Today we what it seems. Just like when the minister presented the saw the Treasurer give other ripping example of bill to the house, when government members talk about not-so-elegant irrelevance when he was addressing a the bill to the media they bend over backwards trying series of questions that were put to him in question desperately to say it is all about standards, including time. Many journalists and MPs have commented on parliamentary standards and the standards of MPs, and the fact that question after question that comes before setting a new tone. Standards is clearly the theme of this this house is not answered by government ministers. bill! What a complete load of rubbish. This is in breach of the change that the Premier brought before the house.
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If you were serious about parliamentary standards and things that have happened in my short time in practices you would presumably, this week of all Parliament. On the first sitting day of this Parliament in weeks, have to say something about the appalling December last year we had a member of the opposition, standard of behaviour that we saw on display outside the nuff-nuff from Niddrie, otherwise known as the Parliament station. The member for Mount Waverley member for Niddrie, standing up and looking as proud clearly crossed a line, in fact he trampled all over the as a peacock with his feathers — — line. He claimed that he behaved appropriately. What was he thinking? He targeted a young woman and The ACTING SPEAKER intimidated and harassed her. He said, ‘Look, I am an (Mr Pandazopoulos) — Order! The member for MP — — Frankston has been here long enough to know that that is not the correct way to address members. Dr Napthine — On a point of order, Speaker, the member is straying from the bill before the house, and I Mr SHAW — The member for Niddrie was looking ask you to bring her back to the content of the bill. as proud as a peacock as he was standing up there and he was throwing around his democratic right. ‘I’ve got Ms RICHARDSON — On the point of order, 5 minutes’, he said as he looked to the crowd in the Speaker, this bill is all about standards. The Premier has gallery, ‘and I don’t care what the rest say. I don’t care made various statements about the purpose of this bill. that you have travelled for miles from the country to It is clearly about standards, and it is very appropriate hear maiden speeches of parliamentarians’. He could that we be talking about standards of MPs. not have cared less.
The ACTING SPEAKER Ms Richardson — On a point of order, Speaker, I (Mr Pandazopoulos) — Order! It is a bill on very much appreciated the counsel you gave me in standards. I ask the member, in speaking on the respect of the bill, and I would ask that you give the legislation, to focus on the narrower terms of standards same counsel to the member for Frankston. rather than going into details. Some members have raised a variety of examples and it is appropriate to The ACTING SPEAKER cover examples, but it is not appropriate to go into extra ( Mr Pandazopoulos) — Order! The member for detail, particularly as we have 15 minutes to go. Frankston has been speaking for just over 1 minute, and I remind him to focus on the bill. I am also conscious Ms RICHARDSON — I wonder whether the that the member for Niddrie has been away from the member for Mount Waverley will actually come into house for particular reasons all week, so I ask the the house and talk about this bill. It would be most member for Frankston to focus on the bill whilst we useful to hear his views in respect of the bill that is talk about standards. before the house. It would be an Academy Award-winning performance if we saw it. Mr SHAW — Many members on the other side have been talking about robust and vigorous debate and This bill is a farce; it is bullying dressed up as claiming that the government is trying to gag that parliamentary reform. It is gagging opposition MPs, but debate. I would like to point out that the member for it is dressed up as bold, new parliamentary standards. Narre Warren North was very lucky to be elected. A During this debate we have heard from many great candidate, Michelle Fraser, was running against government MPs about bullying parents, bad behaviour him, and he was very lucky to get in. That member said on the football field and so on. No-one needs to look that this bill is a gag and that it is here to stifle debate. any further than their own ranks to see that there is some appalling behaviour going on in this house and Mr Wynne — On a point of order, Acting Speaker, outside this house. Those opposite should address that it has been a relatively free-ranging debate today, but before they come in here and lecture any member about there is no reason to introduce to this debate people standards in respect of this bill. who either are not in the house or were previous candidates. The member should confine himself to In conclusion, I note the appalling way that yesterday discussing aspects of the bill that is before us for debate started for us as MPs, given what happened outside today. Parliament station. Today is ending very badly for the Parliament, for Victoria and for democracy in this state. The ACTING SPEAKER (Mr Pandazopoulos) — Order! I ask the member to Mr SHAW (Frankston) — I rise in support of the speak on the bill. I will be listening carefully to the Parliamentary Salaries and Superannuation member as he adds to his contribution. Amendment Bill 2011. There are a lot of appalling
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Mr SHAW — The member for Narre Warren North Yean called him a slimeball. It is actually recorded in said: Hansard.
It is a gag and is here to stifle debate. Parliament was The ACTING SPEAKER established to ensure that people could vigorously discuss and (Mr Pandazopoulos) — Order! There are a number of debate issues. At the end of the day this bill will severely limit a member of Parliament’s capacity to represent the issues of occasions when members can take offence at different their electorate, to do it fearlessly and to ensure that they are things, and sometimes those are recorded in Hansard not penalised … but the member does not take the opportunity at the time to highlight that they were offended by the The member for Narre Warren North did not even comment. In order to complete the business of the mention Narre Warren North. I cannot see where he house, I encourage members on both sides to focus on was vigorously debating about his electorate. It was not the bill rather than individually naming or accusing mentioned at all. others of saying certain things. I will not uphold the Regarding decorum, I have had a look at especially the point of order at this stage, but I ask the member for opposition, which has had five members kicked out Frankston to clearly focus on the bill rather than on today. That was pretty appalling behaviour, but still it individual members. would not fall under being named or suspended under Mr SHAW — With regard to the bill, I had a look this bill and they would not have been fined. Even the at the practice of House of Commons, where these deplorable acts of the five members who were kicked penalties were first introduced in 1998. Since then out today would not fall under the provisions of the bill, 13 members have been fined: seven Labour, five and nor would this week’s deplorable act of me being Conservative and one from another party. Some of the called a slimeball and my family being degraded by the comments from the other side have been that this will member for Yan Yean. It was absolutely disgraceful. hold back and gag robust and vigorous debate, but that She should have been kicked out right then. does not stack up against the English system. Five Ms Green — On a point of order, Acting Speaker, I Conservative members and seven Labour members take offence at what the member for Frankston has just have been fined. I do not see that as a discrepancy. said. At no time in this Parliament have I made The member for Narre Warren North said he would like degrading remarks about his family. I take offence at to take a bet of $50 that no-one on our side of the house that implication, and I ask him to withdraw will be thrown out. That tells me three things about the immediately. member for Narre Warren North: that he does not trust The ACTING SPEAKER the Speaker to show independence by throwing out (Mr Pandazopoulos) — Order! The member for Yan people from the government side, that he has a Yean has taken offence. I ask the member for Frankston complete lack of faith in the ability of his own team to withdraw. mates to control themselves because they are an undisciplined rabble and that he looks upon us and Mr SHAW — On the point of order, Acting says, ‘Hey, these guys are good guys. They’re not Speaker, can I — — going to stuff up. They don’t want to interrupt parliamentary debate; they’re going to behave Honourable members — No! themselves’. I will let those opposite pick any one of those three. Mr SHAW — I withdraw. The member for Yan Yean calling me a slimeball was not an offence to be Opposition members have double degrees in rudeness thrown out — — and antisocial behaviour. They have a degree in financial incompetence. The money that is going to go Ms Green — On a point of order, Acting Speaker, I from their years of — — am sorry to rise again, but the member for Frankston might think he is a slimeball, but I have never called Honourable members interjecting. him that. I take offence at the implication and that he would think I would say that. I have never said that, and Mr SHAW — Members of the opposition, who I ask him to withdraw. have degrees in rudeness and antisocial behaviour, will be paying a fine because their standards have Mr Burgess — On the point of order, Acting dropped — — Speaker, the comment the member for Frankston raised is actually recorded in Hansard. The member for Yan Ms Beattie — On a point of order, Acting Speaker, the member for Frankston says the entire opposition has
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2478 ASSEMBLY Thursday, 30 June 2011 double degrees for rudeness and antisocial behaviour. I and in fact no consultation with the frontbench — take offence at that. before it was whipped out.
The ACTING SPEAKER I have absolutely no doubt, and neither would anybody (Mr Pandazopoulos) — Order! There is no point of here if they were honest, that this is not about order. Members cannot take personal offence at a broad accountability. If we wanted to enforce better statement, as much as sometimes we are very tempted accountability in this chamber, we would be talking to do so. about integrity, honesty, proper actions and transparency in decision making — all the things that Mr SHAW — I thought members of the opposition this government has abandoned as it seeks to hide its would love to know that they have double degrees, but actions behind punitive legislation such as this. If the anyway — — government were fair dinkum and genuine about accountability in the Victorian Parliament, it would not The ACTING SPEAKER be undermining public institutions such as the Director (Mr Pandazopoulos) — Order! The member for of Public Prosecutions and the Chief Commissioner of Frankston is not being helpful. Police, it would not be riding roughshod over FOI, it Mr SHAW — As the Minister for Ports said would not be refusing to give basic information about yesterday, it is in their DNA, in their bloodstream, to be ministerial offices and processes, it would not be rude. That is why they do not like this bill: because backtracking on key election promises made to bushfire when they are kicked out they will have to put their victims, teachers, police and families, who are just hands into their pockets and pull something out — trying to give their kids a decent education, and it money. I know they are not a very charitable lot at all, would not be hiding dodgy dealing behind a cloak of so this is a fantastic way to give to a charity, to pay for silence and spin at question time. It would be providing their rudeness. Footy clubs fine players for various information. It would not be hiring and firing staff and offences. They have internal fines and AFL fines. A keeping information about that closed to general Footscray player was recently suspended for four scrutiny. weeks and had to pay a penalty. I do not know what the If the government really wanted to enforce proper big deal is on that side of the house about someone standards, it would take action with respect to MPs on having to pay a penalty for being rude and disorderly. its side who make homophobic, anti-gay comments to As the Minister for Ports said, it is in their DNA to be members of the public and the media, and it would take rude — and that is why they are upset about this bill. I action on bullying and intimidatory behaviour towards commend the bill to the house. people, young women, who are handing out flyers on Mr HERBERT (Eltham) — If there was ever an the streets. The government would not be fining and example of the standards that are not provided for by gagging MPs who speak up for their rights and the this bill but should be enforced, it was what we just rights of those they represent. heard from the member for Frankston — absolute One of the things that is wrong with this bill was drivel, diatribe and insulting behaviour, as we so often characterised on Tuesday night when I was talking on hear from the member for Frankston. He has just the towing services bill. I strayed from the bill — it walked out of the chamber; he cannot even listen to it happens — but in being brought back to the bill by the or take it. Acting Speaker, and this is not a reflection on the It is sad to be debating the Parliamentary Salaries and Acting Speaker’s vision, a smart-alec comment was Superannuation Amendment Bill 2011, and that was made by another member. It was an inappropriate and characterised by the contribution we just heard. This derogatory remark, and in truth I had no recourse bill is not about standards; it is about denying the whatsoever. That is part of the problem with this bill: it opposition legitimate opportunities to have a fair go in a does not acknowledge that, with due respect to all vigorous and forthright manner to force accountability members, mistakes are made by everyone. People make on this government. The bill was dreamt up by a mistakes, and in circumstances where debate is Premier short of media attention that day. He whipped difficult, robust or on a contentious issue mistakes will it out without consultation — certainly without be made all round. Mistakes may be made by Acting consultation with the opposition or with the Speakers. The trouble with this bill is that when we community. There was no consultation with his Liberal look at those mistakes we see it will always be a backbench, with the Speaker or with the Parliament — punitive measure taken by the government against the opposition, whose members are trying to keep the
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Thursday, 30 June 2011 ASSEMBLY 2479 government accountable. It is incredibly poor D’Ambrosio, Ms Madden, Mr legislation. Donnellan, Mr Merlino, Mr Duncan, Ms Nardella, Mr Edwards, Ms Neville, Ms Further there are a whole lot of questions about this bill Eren, Mr Noonan, Mr which have not been answered — for instance, what is Foley, Mr Pallas, Mr the taxation treatment of the fine and the charitable Garrett, Ms Pandazopoulos, Mr donation? Has the Australian Tax Office been Graley, Ms Perera, Mr consulted on this bill? I think not. Green, Ms Pike, Ms Halfpenny, Ms Richardson, Ms Helper, Mr Scott, Mr Dr Sykes interjected. Hennessy, Ms Thomson, Ms Herbert, Mr Trezise, Mr Mr HERBERT — Has it been? There are questions Holding, Mr Wynne, Mr about whether this bill conforms with federal industrial relations laws. No information has been provided on Motion agreed to. that. The list of what is wrong with this proposed Read second time. legislation goes on. It was rushed in without consultation because of the whim of the Premier. It is Third reading designed to shut up the opposition, shut off scrutiny and cut legitimate accountability within this chamber. I very The SPEAKER — Order! The question is: much look forward to the first fine being imposed and seeing if this legislation will stand up in the courts of That this bill be now read a third time. this country. House divided on question:
The ACTING SPEAKER Ayes, 44 (Mr Pandazopoulos) — Order! The time set down for Angus, Mr Mulder, Mr consideration of items on the government business Asher, Ms Napthine, Dr program has arrived. Baillieu, Mr Newton-Brown, Mr Battin, Mr Northe, Mr House divided on motion: Bauer, Mrs O’Brien, Mr Blackwood, Mr Powell, Mrs Ayes, 44 Bull, Mr Ryall, Ms Burgess, Mr Ryan, Mr Angus, Mr Mulder, Mr Clark, Mr Shaw, Mr Asher, Ms Napthine, Dr Crisp, Mr Smith, Mr R. Baillieu, Mr Newton-Brown, Mr Delahunty, Mr Southwick, Mr Battin, Mr Northe, Mr Dixon, Mr Sykes, Dr Bauer, Mrs O’Brien, Mr Fyffe, Mrs Thompson, Mr Blackwood, Mr Powell, Mrs Gidley, Mr Tilley, Mr Bull, Mr Ryall, Ms Hodgett, Mr Victoria, Mrs Burgess, Mr Ryan, Mr Katos, Mr Wakeling, Mr Clark, Mr Shaw, Mr Kotsiras, Mr Walsh, Mr Crisp, Mr Smith, Mr R. McCurdy, Mr Watt, Mr Delahunty, Mr Southwick, Mr McIntosh, Mr Weller, Mr Dixon, Mr Sykes, Dr McLeish, Ms Wells, Mr Fyffe, Mrs Thompson, Mr Miller, Ms Wooldridge, Ms Gidley, Mr Tilley, Mr Morris, Mr Wreford, Ms Hodgett, Mr Victoria, Mrs Katos, Mr Wakeling, Mr Noes, 42 Kotsiras, Mr Walsh, Mr Allan, Ms Howard, Mr McCurdy, Mr Watt, Mr Andrews, Mr Hutchins, Ms McIntosh, Mr Weller, Mr Barker, Ms Kairouz, Ms McLeish, Ms Wells, Mr Beattie, Ms Knight, Ms Miller, Ms Wooldridge, Ms Brooks, Mr Languiller, Mr Morris, Mr Wreford, Ms Campbell, Ms Lim, Mr Noes, 42 Carbines, Mr McGuire, Mr D’Ambrosio, Ms Madden, Mr Allan, Ms Howard, Mr Donnellan, Mr Merlino, Mr Andrews, Mr Hutchins, Ms Duncan, Ms Nardella, Mr Barker, Ms Kairouz, Ms Edwards, Ms Neville, Ms Beattie, Ms Knight, Ms Eren, Mr Noonan, Mr Brooks, Mr Languiller, Mr Foley, Mr Pallas, Mr Campbell, Ms Lim, Mr Garrett, Ms Pandazopoulos, Mr Carbines, Mr McGuire, Mr
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Graley, Ms Perera, Mr Third reading Green, Ms Pike, Ms Halfpenny, Ms Richardson, Ms Motion agreed to. Helper, Mr Scott, Mr Hennessy, Ms Thomson, Ms Herbert, Mr Trezise, Mr Read third time. Holding, Mr Wynne, Mr Question agreed to. CONSUMER ACTS AMENDMENT BILL 2011 Read third time. Second reading
GOVERNOR’S SPEECH Debate resumed from 29 June; motion of Mr O’BRIEN (Minister for Consumer Affairs). Address-in-reply Motion agreed to. Debate resumed from earlier this day; motion of Mr GIDLEY (Mount Waverley) for adoption of Read second time. address-in-reply; and Mr McINTOSH’s amendment: Circulated government amendments as follows agreed to: Omit all the words after ‘and’ and insert ‘our thanks for the speech given by the former Governor to the Parliament.’ 1. Clause 4, page 6, line 31, after “agent” insert “or agent’s representative”. Amendment agreed to. 2. Clause 4, page 6, lines 32 and 33, omit paragraph (c) and Amended motion agreed to. insert — “(c) a child of the spouse or domestic partner of the estate agent or agent’s representative;”. TERRORISM (COMMUNITY PROTECTION) AMENDMENT BILL 2011 Third reading
Second reading Motion agreed to.
Debate resumed from 29 June; motion of Read third time. Mr CLARK (Attorney-General). Business interrupted pursuant to sessional orders. Motion agreed to.
Read second time. ADJOURNMENT
Third reading The SPEAKER — Order! The question is:
Motion agreed to. That the house now adjourns.
Read third time. State Revenue Office: first home owner grant
Mr NARDELLA (Melton) — My adjournment ACCIDENT TOWING SERVICES matter is for the Treasurer. The action I seek is for him AMENDMENT BILL 2011 to assist first home owner grant recipients like Mr Justin Carter, who are caught up in situations where Second reading they are building their first home but the builder is no longer able to complete the house because it has Debate resumed from 28 June; motion of become bankrupt. The builder in this case is Zadun Mr MULDER (Minister for Roads). Homes. The State Revenue Office has written to Mr Carter, and I have provided a copy of that letter to Motion agreed to. the Treasurer. The SRO has informed Mr Carter that he Read second time. needs to repay the first home owner grant because his house has not been completed within 12 months.
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Mr Carter and his family have tried to have the house sector in the Victorian school system against the lowest completed through the Victorian Managed Insurance common denominator approach being canvassed by the Authority (VMIA) under its insurance scheme. federal government’s draft national curriculum. The However, that has not happened, although I draft documents propose a number of language tuition acknowledge it may occur now that Zadun Homes has hours that is well below the standard set by Victoria. been declared bankrupt. We can rightly be proud of setting and meeting high standards in this state, and we will not be bullied by The operation of insurance of last resort needs to be Canberra into lowering our standards. reviewed urgently, because this has caused many home builders grief when they have decided not to finish There is little question that learning a language other homes under construction and thus have not fulfilled than English is valuable to students. The benefits their contracts. The thresholds that need to be met to manifest themselves in so many ways. By learning a make a claim and to have these dream homes language, students gain the ability to live, study and completed are too onerous, and a recent report by the work in another culture. This has lifelong benefits for government has highlighted this terrible situation. As I students, enabling them to learn about other countries have said, I have forwarded the information from the as well as opening up enormous opportunities for their SRO to the Treasurer for his consideration. professional careers. As well as the learning of an individual subject, learning a language across different Quite a number of my constituents have been placed in disciplines such as literature and history greatly a difficult situation. After being given the first home increases students’ cognitive development and function. owner grant, their builders have gone away and cannot A number of studies have demonstrated the increased be found, but because they have not become bankrupt literacy levels that are achieved by introducing and have not died, under the terms of the insurance languages at an early age. contract with the VMIA they are still around and in theory can be found. Their dream homes — the homes There are a number of schools in my electorate of they have put all their money into for themselves and Caulfield, and I would like to refer to Glen Eira College their families — have not been completed. For these in particular. I would like the minister to visit Glen Eira people it is a really serious situation, and they are under College and find out firsthand about the great work the absolute stress. college is doing in the area of languages. The action I seek is that the minister visit Glen Eira College to meet I have had constituents depressed and crying in my with its principal, Lesley Lamb, and the staff and office because the home of their dreams is not being students of the college to witness firsthand how completed and nobody will assist them. In such a successful a program such as this can be and how its situation they may have received the grant, which has language program could be a model for other schools to been used to partially complete their dream home, but implement as part of the LOTE program. then they are requested to pay it back by the State Revenue Office. That puts extra stress on these Glen Eira College is a great school doing some terrific families. I ask for the Treasurer’s assistance, for him to things which I am sure the minister will benefit from consider this and take appropriate action in the future. seeing when he visits the school. It not only teaches language but it is also very impressive in the area of Schools: languages other than English music, and its advanced curriculum extension program, which is its accelerated learning program, is a terrific Mr SOUTHWICK (Caulfield) — I address my program which I am sure the minister will be impressed adjournment matter this evening to the Minister for with when he visits the school. Education. The action I seek from the minister is that he visit Glen Eira College and see firsthand the great work Skilling the West: funding it is doing under the fine leadership of principal Lesley Lamb, council president Julie Staunton and council Mr NOONAN (Williamstown) — I wish to raise a members. matter for the Minister for Higher Education and Skills. The action I seek from the minister is that he provide I was extremely happy to hear the minister’s funding for a major Skilling the West project on the announcement as a part of the 2011–12 budget that this same terms as the funding he has provided for the government will support the expansion of programs for Skilling the Valley and Skilling the Bay initiatives. languages other than English (LOTE) in the school curriculum. I also note with great pleasure the As some members would be aware, Melbourne’s minister’s strong actions to defend the robust LOTE western metropolitan region is currently the fastest
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2482 ASSEMBLY Thursday, 30 June 2011 growing area in Australia. From a current base of industries as key reasons for the government’s level of around 800 000 people, the region is expected to grow investment in these two initiatives, I ask that he to about 1 million people over the coming decades. As consider allocating an equivalent investment to exciting as this growth is, it presents some challenges, Melbourne’s growing west. and there is no greater challenge for any community in any region than maintaining existing jobs and Falls Creek Kangaroo Hoppet: funding generating new employment opportunities for the future. Dr SYKES (Benalla) — My request is to the Minister for Tourism and Major Events. The action I According to a recent report of Melbourne’s Western seek is that she provide an update on the funding Melbourne Regional Development Australia allocation from the Significant Sporting Events Committee, the west has consistently endured program as it relates to an application for funding above-average unemployment rates. These rates support for the staging of the 21st Kangaroo Hoppet, currently sit at about 1.5 per cent above the Melbourne which is to be held at Falls Creek in my area in August. average. This long-term trend is not likely to be broken without some assistance to improve the overall level of Falls Creek is one of three major snow resorts in the skills among existing workers and the unemployed. Benalla electorate. All of them have been impacted Having said that, Melbourne’s west can lay claim to the over the years by bushfires, particularly those in 2003 fastest growing workforce in Melbourne, as industries and 2006–07. However, they are resilient communities, such as transport logistics, retail, accommodation and and the staging of the hoppet is an example of the food services, education and training, health care and resilience of the communities of Falls Creek and Mount social assistance continue to grow. Construction Beauty. It is a great local event. Everyone pitches in, remains the fastest growing sector in the region. and it is well attended by visitors from both near and However, the sustainability of this growth will come far. I first attended the event with former member for under increasing pressure as demand for new housing Benambra Tony Plowman and enjoyed the experience slows in the future. so much that since that time I have participated in the event on four other occasions. I must confess that I do The manufacturing sector still remains the predominant the wimp’s version; I do not do the full-blown employer in the west, with more than 34 000 workers, 42-kilometre hoppet. I do the Joey Hoppet, which is although it is a sector that has suffered more job losses only 7 kilometres, but being one who wants value for than any other over the last decade. Last year Victoria money I go around the circuit twice so I get a full University’s Centre for Strategic Economic Studies reward for my $25 entry fee. completed a report which concluded that residents of the western region are employed disproportionately in The event is conducted in an absolutely glorious low-growth industry sectors such as manufacturing, setting. Particularly in fine weather, but even when which has been in decline. VU has also concluded that there is a whiteout, it is an amazing experience to be up there is a lower than average proportion of workers there in the snow with other people enjoying the employed in the high-growth service sector jobs of the experience of being in the snowfields. Skiing and other future. According to VU’s research: snow sports are very much part of our community in the upper alpine area. The Upper Kiewa-Mount Beauty This represents a ‘jobs gap’ which may be a result of skills area is home to a young girl called Brittney Cox who deficiency, or a lack of high-growth jobs in the western region has competed at an international level and is now an or a combination of the two. internationally recognised champion snow sport athlete. Either way, the minister can help prepare our region for Falls Creek Primary School students have repeatedly the emerging challenges that lie ahead. I note that the won the school sports skiing events. minister has recently allocated $150 000 to assist with Interestingly, just this week that small Falls Creek new skills and local adult education for manufacturing school rang me to say how elated it was about the employees in the west. Whilst this is a positive support from the coalition government for it to development, it pales into insignificance when self-manage its school reconstruction as funded through compared with the $10 million committed to the the Building the Education Revolution program. It is Latrobe Valley’s Skilling the Valley initiative and the going to get value for money as a result of the practical, $1.8 million committed to the Geelong-based Skilling common-sense approach of the Baillieu-Ryan the Bay initiative. government. Given that the minister cited significant growth and change and the need to support new and emerging
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It is important that this event continue, and funding delivering for all Victorians. I also ask that the Premier support from the government would certainly help. I go to the Epping campus of Northern Melbourne hope that the minister can see fit to give me an update Institute of TAFE to explain to apprentices there who on the funding for this event. I would be keen for her to will soon be tradespeople why their wages should be come up and join me — perhaps I can do one leg of the cut. Joey Hoppet and the minister can do the other leg! Torquay: racist behaviour Industrial relations: government policy Mr KATOS (South Barwon) — I raise a matter for Ms HALFPENNY (Thomastown) — I rise to bring the attention of the Minister for Multicultural Affairs a matter to the attention of the Premier. The action I and Citizenship. It relates to several incidents of white seek is that the Premier visit the Epping campus of supremacist and racist activities which have taken place Northern Melbourne Institute of TAFE to talk to recently in Torquay and the Surf Coast shire. The apprentices there and explain why he believes action I seek is for the minister to investigate the tradespeople get paid too much. I refer to comments the activities of white supremacist groups and take all Premier made, as reported in a recent newspaper article. necessary action to stop these groups advocating racial Hot on the heels of the exposure of his government’s hatred. lies to teachers, police and community service workers that their invaluable contribution to the state would be On 9 May the Geelong Advertiser published an article properly recognised, the Premier has now said he about to white supremacist stickers posted around the believes Victoria’s carpenters, plumbers, metalworkers, seaside community of Torquay. The stickers say, electricians and other tradespeople are paid too much ‘White power! White people awake, save the white and the industrial agreements should be reviewed. This race’, and promote the white supremacist group exposes as another lie in his government’s claim that it Creativity Movement. ABC News, the Geelong Echo, would take action to reduce Victorian’s cost of living, and the Melbourne mX newspaper have published as again he is seeking to drive down people’s articles subsequently. opportunity to earn a fair day’s pay for a fair day’s work. In an interview with the Geelong Advertiser Mr Patrick O’Sullivan, the group’s Australian national leader, was The Premier’s has announced yet another review, this unapologetic about the stickers and was reported as time into the Victorian industrial relations principles, to saying: try to cut more workers’ pay. But this is nothing more Torquay’s a white area, the majority of locals there are white than a thinly veiled smokescreen, playing up to the and we’d like to see it remain a white area … The stickers are misconceived views too often expressed by members there to raise awareness and get the message out. opposite, who believe it is the workers on a site that drive up costs and hit developers’ margins. The According to media reports, in August 2002 construction industry in Victoria is strong and members Mr O’Sullivan was sentenced to 18 months on this side of the house are proud of the infrastructure imprisonment for viciously bashing and stabbing a developments and projects that have been built using man. The ABC item reported that the Surf Coast Shire Victorian effort. We are equally proud of Victorian mayor, Dean Webster, will prosecute Creativity workers and their achievements in building the homes, Movement for littering and has firmly condemned the bridges, hospitals and schools that we all use every day. activity of the group.
By announcing this review, the Baillieu government The Geelong Advertiser of 5 June reported that seems to be saying that the right to earn a fair day’s pay Mr O’Sullivan visited Torquay to determine the extent for a fair day’s work should come second to the bottom of the sticker posting. The article stated that line for its developer mates. It also seems to be saying Mr O’Sullivan was confronted by a local resident who that the cost of building infrastructure in Victoria is strongly condemned the message relayed by the something that should not be cut from the profit stickers. margins of developers or their mates but from the On 21 June this year the Geelong Advertiser reported: wages of ordinary Victorians who work hard to earn a living and struggle with the increasing cost of living. Racist vandals … defaced a sign welcoming refugees to the Surf Coast and Great Ocean Road. Therefore I call on the Premier to stop picking fights with working Victorians and instead pick up the ball, The paper reported that this included the spraying of a wake up his whole team and start governing and swastika. It went on to report:
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2484 ASSEMBLY Thursday, 30 June 2011
The word ‘refugee’ was also blacked out with spray paint. club members and family members and see the wonderful faces of the children — particularly the little These incidents have caused considerable concern and tackers, the young boys and girls — his heart could not angst among local residents. The Geelong Interfaith possibly stay closed. He would have to open up his Network has also expressed its concern and called for sport and recreation funding and fix it up. respect to prevail. I bring this matter to the minister’s attention and ask him to investigate these activities, as The DEPUTY SPEAKER — Order! The this type of behaviour is unacceptable to the residents of member’s time has expired. my electorate of South Barwon and indeed to all Victorians. Kingston Heath Primary School: library
Hosken Reserve, Pascoe Vale: floodlighting Ms WREFORD (Mordialloc) — I raise a matter for the Minister for Education, and the action I seek is for Ms CAMPBELL (Pascoe Vale) — I raise a matter the minister to visit Kingston Heath Primary School to for the attention of the Minister for Sport and consider its library needs. As a parliamentarian you Recreation. The action I seek is that he give positive receive a diverse range of letters. Recently I received a consideration to and fund an application put forward by collection that really stood out: 18 letters handwritten in the City of Moreland in this round of the Strengthening grey lead pencil. It seems that grade 3S at Kingston the World Game grants program. Heath Primary School has been busy! Monique, Jon, Chloe F, Jonathon, Lily, Dean, Cameron, Jinonb, The City of Moreland and Pascoe Vale Soccer Club Chloe H, Tessa, Romie, Seb, Jack, Elijah, Kyle, Zuzu, with the assistance of previous Brumby and Bracks Sarah and one who was unnamed requested a bigger Labor governments have developed the ground and library. pavilion at Hosken Reserve into a modern sporting and community facility accessible to people of all abilities The school opened in 1976 but does not have a and to both male and female athletes. The club, under stand-alone library. There are, to quote Lily, ‘a couple the tireless guidance of its president, Lou Tona, has of shelfs’. Chloe H and Tessa told me that they are in worked to increase participation and become inclusive the art room and Seb suggested that the art room is of all community groups. In particular the club has a growing and taking over the library space. This does significant cohort of playing female members because it not sound like what a school library should be in has nurtured and developed juniors, girls and women’s Victoria in 2011. It is not 2010 any more; the 11 dark participation in sport. years have passed. The children say it well. Here are some quotes. They say things like: I have had the privilege of visiting this club on many occasions, and I can personally verify that any visit to How would you like going to a school with hardly no books? Hosken Reserve with the Pascoe Vale Soccer Club shows that families are there energetically participating If we get a bigger library we can learn more. and barracking for their sons and daughters as well as It can help with education and learning. children barracking for their parents in great competitions with a great deal of fellowship — … books have information that people don’t know and if we read a book we could get smarter. fellowship during the game and, I might say, wonderful hospitality after the game. The City of Moreland has … we need to read so we get good at tests. lodged an application for a grant from the Strengthening the World Game grants program. It seeks Having a library can help us study for homework or for a project. funding from the program to install floodlighting at the reserve. Day and night use of the ground would extend Reading is fun and NOT! Boring. training, playing and social opportunities. And that is coming from grade 3. There are other It has been proven that extra facilities at sports clubs comments: boost membership, club support and local participation. I think libraries are great but even better when they’re at your This club has worked extensively to include a range of school. multicultural groups and the general Moreland community as welcome guests and players. … if you don’t have a book to study you won’t be able to Floodlighting at Hosken Reserve would make this finish your homework and you’ll have to finish it at recess and lunch. sports precinct a showcase facility. I commend the project to the minister. If he had the opportunity to visit with me to look at Hosken Reserve, speak to Lou, other
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Thursday, 30 June 2011 ASSEMBLY 2485
I know there is a lot to do, and Kingston Heath did not these suburbs, and to allocate some additional funding, get a library in Gillard’s Botching the Education as Labor was dedicated to doing, and expand the Revolution funding. The Australian Education Union services so that we can bring down the chronic illness admitted state Labor had left more than 30 schools rates in the suburbs of Preston and Reservoir. dilapidated, and yesterday we learnt from the Auditor-General that the previous state Labor Children: Take a Break program government lost $3 billion of Victorian revenue. Further, federal Labor has ripped $4.l billion out of Mrs BAUER (Carrum) — I raise a matter for the Victoria. attention of the Minister for Children and Early Childhood Development, who is also the Minister for However, on behalf of grade 3S, Kingston Heath Housing. The action I seek is that the minister meet Primary School has written to me. It sells itself as ‘A with staff of occasional child-care centres in the Carrum modern take on education’. I am hoping the minister electorate so that she is able to experience firsthand the can meet with the students who have so keenly lobbied community service that Take a Break occasional care me, to see if a ministerial visit can help them. provides to parents and their children. Panch Health Service: funding The federal government’s refusal to reinstate its share of the Take a Break funding is one of the main issues Ms RICHARDSON (Northcote) — I have a matter that is currently affecting parents in the Carrum to raise with the Minister for Health, and the action I electorate. The Gillard-led Labor federal government’s seek is to secure additional funding for Panch Health removal of its funding for occasional care has placed all Service on Bell Street in Preston. It is with some facilities that provide Take a Break occasional care in trepidation that I raise Panch, because the former limbo. Staff, parents and the children are unaware of Preston and Northcote Community Hospital was closed what the future holds for their centres. by the Kennett government in 1998. Of course Labor committed to rebuilding what it could, and it rebuilt the It is on the public record that centres are now faced with service on the car park opposite the old hospital. Prior the dilemma of having their qualified staff leave to the election in 2010, Labor committed $2 million for because they do not have surety of employment tenure. additional services at Panch Health Service. This The federal government must reinstate its funding funding would have been used to tackle chronic illness before these integral qualified occasional care staff are and to provide children and family health services, lost forever. I have been in contact consistently with the particularly with a focus on disadvantaged groups. minister and with the occasional care centres in the Carrum electorate. The minister has committed to the Panch is strategically located right in the centre of coalition government providing its share of the funding suburbs in Melbourne which have among the highest provided the federal government reinstates it share. To incidence of chronic illness. I know the line that will be date, the federal minister has refused to undertake that put in a response from the minister will be that the course of action despite the shadow minister assisting current opposition’s priorities prior to the election are the leader on children and young adults admitting on not the government’s priorities. But I believe the Tuesday of this week that she had lobbied the federal minister will not be able to overlook the incidence of government to reinstate funding for the program. chronic illness in these suburbs and fail to address the need that is obviously there. Services currently The coalition government has been in constant contact provided by Panch Health Service include infant with the federal government seeking that it honour its paediatric services, cardiac rehabilitation, chronic responsibility as the level of government that funds wound management, general surgery services, child care by reinstating its share of the Take a Break gynaecology, a heart function clinic, obstetrics, funding. It is now seems that, despite its public ophthalmology, orthopaedics, paediatrics, urology and posturing, the state opposition wants the same thing as dental services. The health providers at Panch are the coalition government. I call on the Leader of the professional and dedicated to improving the health Opposition to support his shadow minister and to lobby outcomes of residents in this area, but to do this the Gillard government to ensure it reinstates the important work they need additional resources so that program. I am delighted by the announcement earlier they can expand services to ensure that the needs of the this afternoon that under a Tony Abbott-led federal local community are addressed. coalition government the $12 million funding, which was taken away from occasional care by Labor, would I encourage the minister to look at the services be restored. This is a firm commitment. provided, and in particular at the incidence of illness in
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2486 ASSEMBLY Thursday, 30 June 2011
One of my constituents has taken the lead in this matter tourism went down under them; it is simply a change in and has coordinated a strong campaign to lobby the the methodology. Now I am talking about the value to federal government to reinstate its share of the Victoria of tourism as $15.2 billion. Tourism occasional care funding. We needed to look no further employment is now up to 193 000-plus people across than the steps of Parliament House earlier this afternoon the state. to see a demonstration of the community’s angst about this issue. I seek that the Leader of the Opposition join As I indicated to the member, last year there were over his shadow minister assistant in lobbying the federal 1000 competitors from 23 countries in the event, which government and our minister to have it restore its share is why there is an event package to support the of the funding, and I look forward to the minister’s visit marketing of it and to support the tourism benefit from to my electorate. it. While I wish the member for Benalla well in his personal enjoyment of the day, the funding is to make Responses sure there is a significant economic boost to his electorate. I am delighted to inform him that under the Ms ASHER (Minister for Tourism and Major Tourism Victoria events program there will be a Events) — The member for Benalla raised the level of $15 000 contribution to the marketing of this event. I his personal support for an event in his electorate called thank the member for Benalla for his support of the the Kangaroo Hoppet. This is a very important event. It event, and I hope the event itself is a great success. is part of the Worldloppet series of events, which are all cross-country ski races, and the Kangaroo Hoppet is Mr WELLS (Treasurer) — I would like to thank the Australia’s component of that event. I remember member for Melton for passing on the paperwork, talking about this event many years ago. The locals which we have been able to have a look at. It is regard it as very important for a number of reasons, devastating when you go to buy a new home and including that it brings visitors to the area. Last year something goes wrong. It is even worse when you are over 1000 competitors from 23 countries entered the building a brand-new home, your first one, and all of a event. The member has already indicated that the sudden the builder shoots through or goes broke and Kangaroo Hoppet consists of three cross-country ski leaves young and innocent people high and dry. I distance races of 42 kilometres, 21 kilometres and cannot think of anything more devastating; it is just 7 kilometres which are held simultaneously, starting awful. and finishing at Falls Creek. In the week leading up to the event there are a range of related sport and social In regard to the case that the member for Melton has events held at Falls Creek and at Mount Beauty. The given to me, we have had advice back from the State member for Benalla indicated that he competes in the Revenue Office and I wonder if I can read it out to give 7-kilometre event, and I wish him well in that. But of some options and to see if we can get a resolution. course, from my perspective as Minister for Tourism There are two possible scenarios that Mr Carter is and Major Events, I am not so much interested in my facing in light of his circumstances. The first one is that colleague — although I am interested in him personally he wants to push on and engage another builder and of course — as I am in the tourism benefit of funding move into the property after completion. The second is this particular event. that he prefers to cut his losses and sell off before the property is completed. I am advised as follows: Members of this place have heard me talking about the If Mr Carter engages a new builder, which then completes the economic value of tourism, and while I am referring to home, and he moves into the property for at least 6 of the first the reason why we fund this event, I want to make the 12 months, he will be able to keep the $26 500. The point that members will be interested to learn that the requirement of living in the property for at least 6 of the first 2008–09 tourism satellite account figures were released 12 months applies from the date the purchaser received a in June. They would have heard me talk about the value certificate of occupancy. of tourism to Victoria of $15.8 billion. I take this That is an important point. It is not the initial contract opportunity to indicate that due to the fact that the date. The advice continues: Australian Bureau of Statistics has made substantial changes to the methodology of calculating the If Mr Carter has no intention of moving into the property, economic value of tourism, according to the latest then he must pay back the $26 500 — figures released in June pertaining to the 2008–09 year, this is if he chooses not to move into the property — tourism’s economic contribution has been reclassified as $15.2 billion. I hope members of the Labor Party even if his original intention were to meet the eligibility will thank me for not using these figures and requirements in full. manipulating them by claiming that the value of
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Thursday, 30 June 2011 ASSEMBLY 2487
It is about what action he takes once the house is have a great belief, as does our government, in the completed, if he gets another builder to do the work. It importance of languages education. There is an continues: exemplary French program at Glen Eira College. I really look forward to visiting the school and seeing The eligibility criteria for the FHOG — how it works. There is a range of models out there, such the first home owner grant — as immersion programs. There are also two primary schools in the member’s electorate with good language are set out in the intergovernmental agreement on federal programs: Caulfield Junior College, which has a financial relations, agreed between all states and the tremendous Japanese program, and Caulfield Primary commonwealth government. School, which also has a French program. I give that advice to the member for Melton to take Learning a language other than English is very back to his constituent. If it is still not satisfactory, I ask important for students not just academically — it him to come back to me to see what else we can do as a certainly helps them with their mother tongue — but next step. also for cultural understanding. It makes great Mr DIXON (Minister for Education) — The economic sense and gives students who have another member for Mordialloc has asked me to come out to language tremendous employability in their future visit Kingston Heath Primary School. She talked about careers. That is why we have made it such a high point the letters she has received from a number of students of our policies and have announced funding for it in this there. As a good local member it is an important year’s budget. There will be further initiatives over the instruction on the way democracy works that the coming years. I am really excited about coming to visit children have been involved in the letter writing. I note the school to see the great job that it is doing and what that the member will talk to the children about how the we can learn from it that can be applied to other processes work. I would really like to visit the school schools. and the children there and to listen to their concerns. Mr KOTSIRAS (Minister for Multicultural Affairs They make a very important point about libraries and and Citizenship) — The member for South Barwon literature in schools. My wife is a teacher-librarian, and raised a very important matter. As he and all other she often lectures me about that. members know, Australia is a multicultural nation. Being a former primary school principal I know how Overall Australians are open-minded and welcoming important a library is and the work it does in a school. It and accepting of our cultural diversity. has a broader role these days as well. It is not just about There are some who point to violence overseas and on books and it is not just about research. Literacy is very our streets and individuals or groups who demand important right across the curriculum, even in special privileges based simply on their religion or mathematics. Obviously research skills that are culture as proof that multiculturalism does not work. developed in libraries are very important, especially While I support open and fair debate, I disagree with with the internet — and I mean the real research that these assessments. I think it is our responsibility to can be done through the internet rather than just a make sure that the actions of a few who hide behind Google search. It is a lot more sophisticated than that, their culture or religion to demand special privileges do and our teacher-librarians are very well equipped to do not tarnish their whole community. However, we need that. to be aware that at times certain opinions attract the The bottom line is that it is the school’s decision what attention of those who might have racist views and they its curriculum priorities are within its global budget and may provide them with the motivation and where it wishes to put its staffing, but the students have encouragement to continue promoting those views. made a very good point. I look forward to going out to Racism exists to a small degree in all cultures. It is meet with them, and I congratulate the member on her created by a number of influences, including fear of tremendous engagement with her school. change and as a product of ignorance. Racism does not The member for Caulfield spoke about Glen Eira occur in Australia simply because Australia and College. He has spoken a lot about the school, and in Victoria have embraced multiculturalism. Racism also fact I know a fair bit about Glen Eira College. It has a exists in countries which have tried to stop the very good name and is a great school. I look forward to development of or do away with multiculturalism. I going out to visit the school. The member made a point believe we have been successful in Victoria because we about the incredible French language program. The have had bipartisan support for our cultural diversity. Minister for Multicultural Affairs and Citizenship and I Both parties, regardless of who is in government,
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2488 ASSEMBLY Thursday, 30 June 2011 support our cultural diversity. However, I was apprentices. I will refer that matter to the Premier for disappointed recently when a number of incidents his direct response. occurred that challenged our cultural diversity and community harmony. White supremacist stickers were Ms Halfpenny — On a point of order, Deputy placed in public spaces in Torquay and Lilydale. I am Speaker, I wanted the Premier to talk about a specific advised today that as a result of an article in the Age thing, which was why he believes tradespeople should there are some more stickers in the Brunswick and be lower paid. Preston areas. The stickers say ‘White power!’ and ‘White power awake, save the white race’, as the The DEPUTY SPEAKER — Order! That is not a member for South Barwon said. point of order.
The Victorian government and all other members of Mr KOTSIRAS — The member for Pascoe Vale Parliament condemn all forms of racial and religious raised a matter for the attention of the Minister for vilification and any behaviour or action that incites Sport and Recreation seeking the provision of funding racial hatred and violence. It is important that we not to Moreland City Council as part of the Strengthening allow this type of behaviour to undermine Victoria’s the World Game grants program. I will refer that matter multicultural harmony. The Victorian government has to the minister for his direct response. moved to establish an investigation into the activities of The member for Northcote raised a matter for the white supremacist groups and incidents of racial hatred attention of the Minister for Health, seeking the caused by those groups. The investigation will be provision of funding to Panch Health Service located in conducted by the Victorian Multicultural Commission Bell Street, Preston. I will refer that matter to the with the assistance of the Victorian Equal Opportunity minister for his direct response. and Human Rights Commission. A report will be prepared for the Attorney-General and me with The member for Carrum raised a matter for the recommendations on what mechanisms we must put in attention of the Minister for Children and Early place to stop this type of behaviour. Childhood Development, and the action the member sought was for the minister to meet with staff at The Victorian community is on the whole harmonious. occasional care centres in the Carrum electorate. I will We live and work peacefully side by side. However, as refer that matter to the minister for her direct response. in all places, discrimination and racism still emerge from time to time. It is important that we remain The DEPUTY SPEAKER — Order! The house is vigilant and guard against extremist views and actions now adjourned. that incite racial hatred and violence and impinge on the rights of law-abiding Victorians to live in peace and House adjourned 4.56 p.m. harmony.
I say to the member for South Barwon that I understand his concerns. I thank him for raising this matter with me. It has been raised by other members as well. I look forward to those recommendations so that we can make sure that such behaviour does not interfere with the harmony that we experience in Victoria.
The member for Williamstown raised a matter for the attention of the Minister for Higher Education and Skills. The action the member seeks is for the minister to provide funding for the Skilling the West program, similar to the funding for Skilling the Valley and Skilling the Bay. I will refer that matter to the minister for his direct response.
The member for Thomastown raised a matter for the attention of the Premier. The action the member seeks is for the Premier to visit the Epping campus of the Northern Melbourne Institute of TAFE and speak to
QUESTIONS ON NOTICE
Tuesday, 28 June 2011 ASSEMBLY 2489
QUESTIONS ON NOTICE
Answers to the following questions on notice were circulated on the date shown. Questions have been incorporated from the notice paper of the Legislative Assembly. Answers have been incorporated in the form supplied by the departments on behalf of the appropriate ministers. The portfolio of the minister answering the question on notice starts each heading.
Tuesday, 28 June 2011
Police and emergency services: police — Sebastopol station
26. Ms KNIGHT to ask the Minister for Police and Emergency Services with reference to constructing a new police station in Sebastopol:
(1) Has the minister sought advice from the Department of Justice or Victoria Police on the station. (2) Has the minister received advice from the Department of Justice or Victoria Police on the station; if so, did that advice recommend a time line for the provision of funding for the station, what date was recommended and did the minister accept the recommendation. (3) Has the minister asked that funds for the station be included in the 2011–12 budget by writing to the: (a) Premier; (b) Treasurer.
(4) Has the provision for funding the station been included in any budget submission made by the minister for the 2011–12 budget. (5) Has the minister taken any formal action to ensure the provision of additional funding in 2011–12; if so, what was the formal action. (6) What number of full-time equivalent Victoria Police officers will be stationed at the station.
ANSWER:
I am advised that:
(1), (2), (3), (4), (5) & (6)
When in opposition, the coalition government identified a number of police stations to be upgraded, including the police facilities at North Ballarat and Sebastopol. The government committed to invest $2.5m to upgrade these facilities to enable them to function fully as police stations.
Funding for the necessary works was confirmed in the 2011–12 state budget when $30 million was allocated for new and upgraded police stations, including at North Ballarat and Sebastopol. These works will be undertaken by Victoria Police as part of its facilities construction program.
The coalition government is conscious of the need for sufficient police resources across the state, and is aware of the needs of regional Victoria. That is why this government is committed to making Victoria’s streets safe again by addressing state wide police shortages and restoring public safety. Front-line police numbers will be boosted by an additional 1700 recruits, including 100 additional transit police.
Victoria Police recently announced that 600 extra police officers, including 450 new recruits and 150 existing police members, will be redeployed back to front-line duties and assigned to police service areas across the state, with Ballarat to receive an additional 25 police by midyear.
The deployment of police members across the state is the responsibility of the Chief Commissioner of Police and I am aware that police command regularly reviews resource allocation across Victoria to ensure that the changing
QUESTIONS ON NOTICE
2490 ASSEMBLY Tuesday, 28 June 2011 needs of the community are met. At times this can involve the reorganisation of police resources to achieve the best overall result for the community.
Police and emergency services: police — Ballarat North station
27. Ms KNIGHT to ask the Minister for Police and Emergency Services with reference to constructing a new police station in Ballarat North:
(1) Has the minister sought advice from the Department of Justice or Victoria Police on the station. (2) Has the minister received advice from the Department of Justice or Victoria Police on the station; if so, did that advice recommend a time line for the provision of funding for the station, what date was recommended and did the minister accept the recommendation. (3) Has the minister asked that funds for the station be included in the 2011–12 budget by writing to the: (a) Premier; (b) Treasurer.
(4) Has the provision for funding the station been included in any budget submission made by the minister for the 2011–12 budget. (5) Has the minister taken any formal action to ensure the provision of additional funding in 2011–12; if so, what was the formal action. (6) What number of full-time equivalent Victoria Police officers will be stationed at the station.
ANSWER:
I am advised that:
(1), (2), (3), (4), (5) & (6)
When in opposition, the coalition government identified a number of police stations to be upgraded, including the police facilities at North Ballarat and Sebastopol. The government committed to invest $2.5m to upgrade these facilities to enable them to function fully as police stations.
Funding for the necessary works was confirmed in the 2011–12 state budget when $30 million was allocated for new and upgraded police stations, including at North Ballarat and Sebastopol. These works will be undertaken by Victoria Police as part of its facilities construction program.
The coalition government is conscious of the need for sufficient police resources across the state, and is aware of the needs of regional Victoria. That is why this government is committed to making Victoria’s streets safe again by addressing state wide police shortages and restoring public safety. Front-line police numbers will be boosted by an additional 1700 recruits, including 100 additional transit police.
Victoria Police recently announced that 600 extra police officers, including 450 new recruits and 150 existing police members, will be redeployed back to front-line duties and assigned to police service areas across the state, with Ballarat to receive an additional 25 police by midyear.
The deployment of police members across the state is the responsibility of the Chief Commissioner of Police and I am aware that police command regularly reviews resource allocation across Victoria to ensure that the changing needs of the community are met. At times this can involve the reorganisation of police resources to achieve the best overall result for the community.
Police and emergency services: protective services officers — railway stations
52. Ms KNIGHT to ask the Minister for Police and Emergency Services which metropolitan and regional train stations will have protective services officers stationed at them in 2011–12.
QUESTIONS ON NOTICE
Tuesday, 28 June 2011 ASSEMBLY 2491
ANSWER:
I am advised that:
The Baillieu government is committed to its election promise to recruit and roll out 940 protective services officers (PSOs) by November 2014. PSOs will patrol every metropolitan railway station and at major regional centres from 6.00 p.m. each day until the last train.
The 2011–12 state budget provides for $17.8 million for the upgrade and alterations to the police academy to support the recruitment and training of the PSOs, and to develop a business case for the police academy to respond to expected demand.
The coalition has committed $20 million for capital works at stations and this commitment stands. There is sufficient funding in the budget to undertake required works in the 2011–12 year. The government is working through the infrastructure needs of all railway stations. Funding from the $20 million commitment will be allocated as required over forward years to undertake infrastructure works as necessary.
Victoria Police is working with the Department of Justice and the Department of Transport on an appropriate rollout program for the recruitment and training of PSOs. The placement of PSOs will be at the discretion of the Chief Commissioner of Police.
Public transport: rail — Ballan station
56. Mr HOWARD to ask the Minister for Public Transport with reference to the government’s commitment to construct an additional platform at Ballan train station:
(1) Has the minister sought, and received, advice from the Department of Transport on constructing an additional platform; if so, did that advice recommend a time line for the provision of funding, what date was recommended and did the minister accept the recommendation. (2) Has the minister asked that funds for the capital works required at Ballan station be included in the 2011–12 budget by writing to the: (a) Premier; (b) Treasurer.
(3) Has the provision of funds for constructing an additional platform been included in any budget submission made by the minister for the 2011–12 budget. (4) Has the minister taken any formal action to ensure the provision of funding for constructing an additional platform in 2011–12.
ANSWER:
I am informed that:
(1) I have sought and received advice from the Department of Transport concerning the construction of an additional platform at Ballan train station. This advice is currently being reviewed.
(2)–(4) Consistent with well established conventions adopted by successive Victorian Governments, the details of the budget process and the forward estimates over the next four years is a Cabinet matter. The 2011–12 state budget provides $0.7 million as part of the Public Transport Development Program, to commence planning and development for an additional platform at Ballan train station and a crossing loop at Ballan.
QUESTIONS ON NOTICE
2492 ASSEMBLY Tuesday, 28 June 2011
Public transport: rail — Ballan passing loop
57. Mr HOWARD to ask the Minister for Public Transport with reference to the government’s commitment to construct a rail passing loop at Ballan:
(1) Has the minister sought, and received, advice from the Department of Transport on constructing a passing loop; if so, did that advice recommend a time line for the provision of funding, what date was recommended and did the minister accept the recommendation. (2) Has the minister asked that funds for the capital works required be included in the 2011–12 budget by writing to the: (a) Premier; (b) Treasurer.
(3) Has the provision of funds for constructing a passing loop been included in any budget submission made by the minister for the 2011–12 budget. (4) Has the minister taken any formal action to ensure the provision of funding for constructing a passing loop in 2011–12.
ANSWER:
I am informed that:
(1) I have sought and received advice from the Department of Transport concerning the construction of a rail passing loop at Ballan. This advice is currently being reviewed.
(2)–(4) Consistent with well established conventions adopted by successive Victorian Governments, the details of the budget process and the forward estimates over the next four years is a Cabinet matter. The 2011–12 state budget provides $0.7 million as part of the Public Transport Development Program, to commence planning and development for an additional platform at Ballan train station and a crossing loop at Ballan.
Community services: ministerial visits — city of Ballarat
104(h). Ms KNIGHT to ask the Minister for Community Services on which dates between 2 December 2010 and 2 April 2011 did the minister visit any locality within the city of Ballarat and for each date:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public finds; if so: (a) what was the dollar value of each commitment made; (b) to which individual or group was the commitment made; (c) for what project or purpose were funds committed.
ANSWER:
I did not visit the city of Ballarat during the relevant period.
Mental health: ministerial visits — city of Ballarat
104(x). Ms KNIGHT to ask the Minister for Mental Health on which dates between 2 December 2010 and 2 April 2011 did the minister visit any locality within the city of Ballarat and for each date:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public finds; if so: (a) what was the dollar value of each commitment made;
QUESTIONS ON NOTICE
Tuesday, 28 June 2011 ASSEMBLY 2493
(b) to which individual or group was the commitment made; (c) for what project or purpose were funds committed.
ANSWER:
I did not visit the city of Ballarat during the relevant period.
Water: ministerial visits — city of Ballarat
104(ap). Ms KNIGHT to ask the Minister for Water on which dates between 2 December 2010 and 2 April 2011 did the minister visit any locality within the city of Ballarat and for each date:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public finds; if so: (a) what was the dollar value of each commitment made; (b) to which individual or group was the commitment made; (c) for what project or purpose were funds committed.
ANSWER:
I am informed that:
On 19 March 2011 I met with community members in the city of Ballarat in connection with my portfolio responsibilities.
Women’s affairs: ministerial visits — city of Ballarat
104(aq). Ms KNIGHT to ask the Minister for Women’s Affairs on which dates between 2 December 2010 and 2 April 2011 did the minister visit any locality within the city of Ballarat and for each date:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public finds; if so: (a) what was the dollar value of each commitment made; (b) to which individual or group was the commitment made; (c) for what project or purpose were funds committed.
ANSWER:
I did not visit the city of Ballarat during the relevant period.
Housing: ministerial visits — shire of Golden Plains
124(al). Mr HOWARD to ask the Minister for Sport and Recreation for the Minister for Housing did the minister visit any locality within the Golden Plains shire between 2 December 2010 and 2 April 2011; if so, for each of the dates the minister visited the shire:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public funds; if so: (a) what was the dollar value of the commitment; (b) to which individual or group was the commitment made; (c) to what project or purpose were the funds committed.
QUESTIONS ON NOTICE
2494 ASSEMBLY Tuesday, 28 June 2011
ANSWER:
I am informed that:
The minister did not visit the Golden Plains shire between 2 December 2010 and 2 April 2011.
Housing: ministerial visits — shire of Moorabool
125(al). Mr HOWARD to ask the Minister for Sport and Recreation for the Minister for Housing: did the minister visit any locality within the Moorabool shire between 2 December 2010 and 2 April 2011; if so, for each of the dates the minister visited the shire:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public funds; if so: (a) what was the dollar value of the commitment; (b) to which individual or group was the commitment made; (c) to what project or purpose were the funds committed.
ANSWER:
I am informed that:
The minister did not visit the Moorabool shire between 2 December 2010 and 2 April 2011.
Housing: ministerial visits — shire of Hepburn
126(al). Mr HOWARD to ask the Minister for Sport and Recreation for the Minister for Housing: did the minister visit any locality within the Hepburn shire between 2 December 2010 and 2 April 2011; if so, for each of the dates the minister visited the shire:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public funds; if so: (a) what was the dollar value of the commitment; (b) to which individual or group was the commitment made; (c) to what project or purpose were the funds committed.
ANSWER:
I am informed that:
The minister did not visit the Hepburn shire between 2 December 2010 and 2 April 2011.
Housing: ministerial visits — shire of Macedon Ranges
127(al). Mr HOWARD to ask the Minister for Sport and Recreation for the Minister for Housing: did the minister visit any locality within the Macedon Ranges shire between 2 December 2010 and 2 April 2011; if so, for each of the dates the minister visited the shire:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public funds; if so: (a) what was the dollar value of the commitment; (b) to which individual or group was the commitment made; (c) to what project or purpose were the funds committed.
QUESTIONS ON NOTICE
Tuesday, 28 June 2011 ASSEMBLY 2495
ANSWER:
I am informed that:
The minister did not visit the Macedon Ranges shire between 2 December 2010 and 2 April 2011.
Public transport: rail — Merinda Park and Narre Warren stations
130. Ms GRALEY to ask the Minister for Public Transport with reference to the allocation of $600 000 in the 2011–12 budget to Merinda Park and Narre Warren railway stations:
(1) How much of the funding will be provided for works at: (a) Merinda Park station; (b) Narre Warren station.
(2) How many new parking spaces will the funding provide at: (a) Merinda Park station; (b) Narre Warren station.
ANSWER:
I am informed that, as at the date the question was raised:
(1–2) The government is committed to providing improved facilities for users of Merinda Park and Narre Warren railway stations. The precise number of additional car parking spaces to be delivered will be finalised once the final scope of these works is settled.
Premier: women on boards, councils and committees
148(a). Ms HENNESSY to ask the Premier with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
ANSWER:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships of each board, to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Note that data found on the above website does not include a number of board members whose names remain unpublished due to privacy reasons, for example some judicial appointments.
Employment and industrial relations: women on boards, councils and committees
148(c). Ms HENNESSY to ask the Attorney-General for the Minister for Employment and Industrial Relations with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification.
QUESTIONS ON NOTICE
2496 ASSEMBLY Tuesday, 28 June 2011
(2) What is the total number of members on each board, council or committee.
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Aboriginal affairs: women on boards, councils and committees
148(e). Ms HENNESSY to ask the Minister for Aboriginal Affairs with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Community services: women on boards, councils and committees
148(h). Ms HENNESSY to ask the Minister for Community Services with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Education: women on boards, councils and committees
148(l). Ms HENNESSY to ask the Minister for Education with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
QUESTIONS ON NOTICE
Tuesday, 28 June 2011 ASSEMBLY 2497
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Higher education and skills: women on boards, councils and committees
148(m). Ms HENNESSY to ask the Minister for Education for the Minister for Higher Education and Skills with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Teaching profession: women on boards, councils and committees
148(n). Ms HENNESSY to ask the Minister for Education for the Minister responsible for the Teaching Profession with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Technology: women on boards, councils and committees
148(s). Ms HENNESSY to ask the Minister for Technology with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
QUESTIONS ON NOTICE
2498 ASSEMBLY Tuesday, 28 June 2011
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Innovation, services and small business: women on boards, councils and committees
148(t). Ms HENNESSY to ask the Minister for Innovation, Services and Small Business with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Manufacturing, exports and trade: women on boards, councils and committees
148(u). Ms HENNESSY to ask the Minister for Manufacturing, Exports and Trade with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Local government: women on boards, councils and committees
148(v). Ms HENNESSY to ask the Minister for Local Government with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
QUESTIONS ON NOTICE
Tuesday, 28 June 2011 ASSEMBLY 2499
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Major projects: women on boards, councils and committees
148(w). Ms HENNESSY to ask the Minister for Major Projects with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Mental health: women on boards, councils and committees
148(x). Ms HENNESSY to ask the Minister for Mental Health with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Children and early childhood development: women on boards, councils and committees
148(z). Ms HENNESSY to ask the Minister for Children and Early Childhood Development with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
QUESTIONS ON NOTICE
2500 ASSEMBLY Tuesday, 28 June 2011
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Aviation industry: women on boards, councils and committees
148(ab). Ms HENNESSY to ask the Minister responsible for the Aviation Industry with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Regional and rural development: women on boards, councils and committees
148(ah). Ms HENNESSY to ask the Minister for Regional and Rural Development with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Regional cities: women on boards, councils and committees
148(ai). Ms HENNESSY to ask the Minister for Regional Cities with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
QUESTIONS ON NOTICE
Tuesday, 28 June 2011 ASSEMBLY 2501
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Sport and recreation: women on boards, councils and committees
148(ak). Ms HENNESSY to ask the Minister for Sport and Recreation with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Tourism and major events: women on boards, councils and committees
148(an). Ms HENNESSY to ask the Minister for Tourism and Major Events with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Veterans’ affairs: women on boards, councils and committees
148(ao). Ms HENNESSY to ask the Minister for Veterans’ Affairs with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
QUESTIONS ON NOTICE
2502 ASSEMBLY Tuesday, 28 June 2011
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Women’s affairs: women on boards, councils and committees
148(aq). Ms HENNESSY to ask the Minister for Women’s Affairs with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
Youth affairs: women on boards, councils and committees
148(ar). Ms HENNESSY to ask the Minister for Youth Affairs with reference to each department, agency and authority within the minister’s administration:
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
ANSWER:
I am informed as follows:
Information regarding board, council and committee appointments can be found on the State Services Authority public entities website. This website enables every Victorian wishing to obtain information about public entities, including memberships to each board to do so. This information can be found by accessing www.publicboards.vic.gov.au.
QUESTIONS ON NOTICE
Thursday, 30 June 2011 ASSEMBLY 2503
QUESTIONS ON NOTICE
Answers to the following questions on notice were circulated on the date shown. Questions have been incorporated from the notice paper of the Legislative Assembly. Answers have been incorporated in the form supplied by the departments on behalf of the appropriate ministers. The portfolio of the minister answering the question on notice starts each heading.
Thursday, 30 June 2011
Innovation, services and small business: ministerial visits — city of Ballarat
104(t). Ms KNIGHT to ask the Minister for Innovation, Services and Small Business on which dates between 2 December 2010 and 2 April 2011 did the minister visit any locality within the city of Ballarat and for each date:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public finds; if so: (a) what was the dollar value of each commitment made; (b) to which individual or group was the commitment made; (c) for what project or purpose were funds committed.
ANSWER:
I travel throughout regional Victoria as deemed appropriate.
Tourism and major events: ministerial visits — city of Ballarat
104(an). Ms KNIGHT to ask the Minister for Tourism and Major Events on which dates between 2 December 2010 and 2 April 2011 did the minister visit any locality within the city of Ballarat and for each date:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public finds; if so: (a) what was the dollar value of each commitment made; (b) to which individual or group was the commitment made; (c) for what project or purpose were funds committed.
ANSWER:
I travel throughout regional Victoria as deemed appropriate.
Innovation, services and small business: ministerial visits — shire of Golden Plains
124(t). Mr HOWARD to ask the Minister for Innovation, Services and Small Business: did the minister visit any locality within the Golden Plains shire between 2 December 2010 and 2 April 2011; if so, for each of the dates the minister visited the shire:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public funds; if so: (a) what was the dollar value of the commitment; (b) to which individual or group was the commitment made; (c) to what project or purpose were the funds committed.
QUESTIONS ON NOTICE
2504 ASSEMBLY Thursday, 30 June 2011
ANSWER:
I travel throughout regional Victoria as deemed appropriate.
Tourism and major events: ministerial visits — shire of Golden Plains
124(an). Mr HOWARD to ask the Minister for Tourism and Major Events: did the minister visit any locality within the Golden Plains shire between 2 December 2010 and 2 April 2011; if so, for each of the dates the minister visited the shire:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public funds; if so: (a) what was the dollar value of the commitment; (b) to which individual or group was the commitment made; (c) to what project or purpose were the funds committed.
ANSWER:
I travel throughout regional Victoria as deemed appropriate.
Innovation, services and small business: ministerial visits — shire of Moorabool
125(t). Mr HOWARD to ask the Minister for Innovation, Services and Small Business: did the minister visit any locality within the Moorabool shire between 2 December 2010 and 2 April 2011; if so, for each of the dates the minister visited the shire:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public funds; if so: (a) what was the dollar value of the commitment; (b) to which individual or group was the commitment made; (c) to what project or purpose were the funds committed.
ANSWER:
I travel throughout regional Victoria as deemed appropriate.
Tourism and major events: ministerial visits — shire of Moorabool
125(an). Mr HOWARD to ask the Minister for Tourism and Major Events: did the minister visit any locality within the Moorabool shire between 2 December 2010 and 2 April 2011; if so, for each of the dates the minister visited the shire:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public funds; if so: (a) what was the dollar value of the commitment; (b) to which individual or group was the commitment made; (c) to what project or purpose were the funds committed.
ANSWER:
I travel throughout regional Victoria as deemed appropriate.
QUESTIONS ON NOTICE
Thursday, 30 June 2011 ASSEMBLY 2505
Innovation, services and small business: ministerial visits — shire of Hepburn
126(t). Mr HOWARD to ask the Minister for Innovation, Services and Small Business: did the minister visit any locality within the Hepburn shire between 2 December 2010 and 2 April 2011; if so, for each of the dates the minister visited the shire:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public funds; if so: (a) what was the dollar value of the commitment; (b) to which individual or group was the commitment made; (c) to what project or purpose were the funds committed.
ANSWER:
I travel throughout regional Victoria as deemed appropriate.
Tourism and major events: ministerial visits — shire of Hepburn
126(an). Mr HOWARD to ask the Minister for Tourism and Major Events: did the minister visit any locality within the Hepburn shire between 2 December 2010 and 2 April 2011; if so, for each of the dates the minister visited the shire:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public funds; if so: (a) what was the dollar value of the commitment; (b) to which individual or group was the commitment made; (c) to what project or purpose were the funds committed.
ANSWER:
I travel throughout regional Victoria as deemed appropriate.
Innovation, services and small business: ministerial visits — shire of Macedon Ranges
127(t). Mr HOWARD to ask the Minister for Innovation, Services and Small Business: did the minister visit any locality within the Macedon Ranges shire between 2 December 2010 and 2 April 2011; if so, for each of the dates the minister visited the shire:
(1) Who did the minister meet with. (2) Did the minister make any commitment of public funds; if so: (a) what was the dollar value of the commitment; (b) to which individual or group was the commitment made; (c) to what project or purpose were the funds committed.
ANSWER:
I travel throughout regional Victoria as deemed appropriate.
Health: women on boards, councils and committees
148(ae). Ms HENNESSY to ask the Minister for Ports for the Minister for Health with reference to each department, agency and authority within the minister’s administration:
QUESTIONS ON NOTICE
2506 ASSEMBLY Thursday, 30 June 2011
(1) How many women hold positions on those boards, councils or committees, including their name and qualification. (2) What is the total number of members on each board, council or committee.
ANSWER:
I am informed that:
Information about the size and composition of relevant boards is available in annual reports and the Government Gazette.
Health: Bendigo Health — linear accelerator
264. Ms EDWARDS to ask the Minister for Ports for the Minister for Health with reference to Bendigo Health’s radiotherapy services:
(1) Has funding been allocated for the purchase and installation of a new linear accelerator in the current radiotherapy bunker at Bendigo Health: (a) if so; (i) when will the older accelerator stop being used; (ii) when will the new accelerator be commissioned; (iii) when will the new accelerator arrive; (iv) how long will it take to install the new accelerator; (v) will there be any disruption to radiotherapy services; (vi) how many patients will miss out, be delayed, or have to travel before the new accelerator is installed;
(b) if not, when will funding be allocated.
(2) Has Bendigo Health been notified that a replacement linear accelerator will be funded and commissioned at the current radiotherapy bunker site before the new Bendigo hospital is built.
ANSWER:
I am informed that:
The Bendigo Health linear accelerator will be replaced in the normal way and funded through the usual appropriate mechanisms. The coalition government is committed to expanding cancer services in Bendigo and surrounding regions.
The $630 million Bendigo hospital project will be built along the original time line and will contain an integrated cancer centre on the main acute hospital site as opposed to Labor’s plan to build a smaller hospital sprinkled over several sites.
MEMBERS INDEX
ASSEMBLY i
MEMBERS INDEX ASHER, Ms (Brighton) (Minister for Innovation, Services and Small Business and Minister for Tourism and Major Events)
ALLAN, Ms (Bendigo East) Adjournment Falls Creek Kangaroo Hoppet: funding, 2486 Bills Walhalla and mountain rivers region: ministerial visit, 2308 Accident Towing Services Amendment Bill 2011, 2285 Parliamentary Salaries and Superannuation Amendment Bill 2011, Matter of public importance 2393 Government: achievements, 2333
Business of the house Questions without notice Orders of the day, 2369 Government: e-services procurement policy, 2463 Program, 2253
Matter of public importance BAILLIEU, Mr (Hawthorn) (Premier and Minister for the Arts) Government: achievements, 2334 Joint sitting of Parliament Petitions Victorian Health Promotion Foundation, 2422 Community sector: wages, 2423 Points of order, 2349 Points of order, 2242, 2243, 2326, 2349, 2353, 2394, 2460, 2463 Questions without notice Employment: growth, 2459 ANDREWS, Mr (Mulgrave) (Leader of the Opposition) Gaming: auction process, 2348, 2350 Joint sitting of Parliament Government achievements, 2242 Victorian Health Promotion Foundation, 2422 procurement policy, 2465 Matter of public importance Nurses and midwives: enterprise bargaining, 2352 Government: achievements, 2323 Office of Public Prosecutions: review, 2241, 2242, 2354 Rail: protective services officers, 2351 Points of order, 2243, 2326, 2460, 2464
Questions without notice BARKER, Ms (Oakleigh) Director of Public Prosecutions: resignation, 2244 Business of the house Government: procurement policy, 2465 Office of Public Prosecutions: review, 2241, 2354 Sessional orders, 2345 Petitions ANGUS, Mr (Forest Hill) Community sector: wages, 2423
Bills BATTIN, Mr (Gembrook) Accident Towing Services Amendment Bill 2011, 2290 Consumer Acts Amendment Bill 2011, 2390 Adjournment Parliamentary Salaries and Superannuation Amendment Bill 2011, 2412, 2468 Berwick: commemorative statue, 2305
Members statements Bills Anglicare Victoria: awards ceremony, 2261 Consumer Acts Amendment Bill 2011, 2283 Schools: former government performance, 2261 Parliamentary Salaries and Superannuation Amendment Bill 2011, 2408 Public Accounts and Estimates Committee Terrorism (Community Protection) Amendment Bill 2011, 2362
Budget estimates 2011–12 (part 2), 2424 Members statements Questions without notice Buses: Gembrook electorate, 2316 Greyhound racing: government support, 2465 Police: Emerald station, 2316 Rythdale-Officer-Cardinia football and netball club: facilities, 2316 Special Olympics: Australian athletes, 2316
MEMBERS INDEX ii ASSEMBLY
BAUER, Mrs (Carrum) Petitions Olivia Newton-John Cancer and Wellness Centre: funding, 2251 Adjournment Children: Take a Break program, 2485 Points of order, 2396, 2413
Bills Consumer Acts Amendment Bill 2011, 2266 BULL, Mr (Gippsland East) Parliamentary Salaries and Superannuation Amendment Bill 2011, 2470 Bills Accident Towing Services Amendment Bill 2011, 2293 Questions without notice Terrorism (Community Protection) Amendment Bill 2011, 2360 Government: achievements, 2242 Members statements Eagle Point Primary School: upgrade, 2317 BEATTIE, Ms (Yuroke) Glenda Moulton, 2318 Bills Macy Hambrook, 2318 Nowa Nowa men’s choir, 2317 Accident Towing Services Amendment Bill 2011, 2289 Questions without notice Business of the house Gaming: auction process, 2353 Program, 2255
Joint sitting of Parliament BURGESS, Mr (Hastings) Victorian Health Promotion Foundation, 2393 Bills Members statements Consumer Acts Amendment Bill 2011, 2387 Terry Tierney and Anthony Pisano, 2256 Members statements Petitions Literacy Villages: Frankston and Mornington Peninsula, 2319 Community sector: wages, 2423 McClelland Gallery and Sculpture Park: 40th anniversary, 2319 Points of order, 2477 Somerville Tyabb Rotary Club: 25th anniversary, 2319
Rulings, 2394, 2397 Points of order, 2477
Questions without notice BLACKWOOD, Mr (Narracan) Gaming: auction process, 2352
Adjournment Walhalla and mountain rivers region: ministerial visit, 2307 CAMPBELL, Ms (Pascoe Vale)
Members statements Adjournment Timber industry: East Gippsland, 2429 Hosken Reserve, Pascoe Vale: floodlighting, 2484
Questions without notice Bills Gaming: auction process, 2354 Accident Towing Services Amendment Bill 2011, 2296 Consumer Acts Amendment Bill 2011, 2270 Terrorism (Community Protection) Amendment Bill 2011, 2369 BROOKS, Mr (Bundoora) Members statements Bills Fr Bill Beagley, 2257 Terrorism (Community Protection) Amendment Bill 2011, 2359 Points of order, 2466 Business of the house Sessional orders, 2346 Scrutiny of Acts and Regulations Committee Alert Digest No. 7, 2252 Members statements Greensborough College: rebuilding, 2321
MEMBERS INDEX
ASSEMBLY iii
CARBINES, Mr (Ivanhoe) Members statements Government: achievements, 2427 Adjournment Housing: Heidelberg West, 2307 DIXON, Mr (Nepean) (Minister for Education) Bills Parliamentary Salaries and Superannuation Amendment Bill 2011, Adjournment 2468 Ashwood College: funding, 2421 Members statements Kingston Heath Primary School: library, 2487 Schools: languages other than English, 2487 Banyule Homestead: future, 2314 Questions without notice Petitions Schools: literacy and numeracy, 2244 Children: Take a Break program, 2251
DONNELLAN, Mr (Narre Warren North) CLARK, Mr (Box Hill) (Attorney-General and Minister for Finance) Adjournment Points of order, 2404, 2407 Rail: Hallam station, 2306
Questions without notice Bills Director of Public Prosecutions: resignation, 2244 Accident Towing Services Amendment Bill 2011, 2301 Parliamentary Salaries and Superannuation Amendment Bill 2011, 2403 CRISP, Mr (Mildura) Points of order, 2404 Adjournment Bees: sites, 2415 DUNCAN, Ms (Macedon) Bills Adjournment Consumer Acts Amendment Bill 2011, 2271 Rail: Sydenham line, 2303 Business of the house Governor’s speech Orders of the day, 2370 Address-in-reply, 2448 Program, 2255 Members statements Members statements Living Longer Living Stronger: funding, 2261 Rail: Mildura line, 2262 Ross Lake, 2262 Petitions Community sector: wages, 2423 D’AMBROSIO, Ms (Mill Park) EDWARDS, Ms (Bendigo West) Adjournment Upper Yarra Dam shed: heating, 2417 Members statements
Bills Golden Square Primary School: funding, 2315 Consumer Acts Amendment Bill 2011, 2263 Petitions
Points of order, 2258 Community sector: wages, 2423 Points of order, 2413
DELAHUNTY, Mr (Lowan) (Minister for Sport and Recreation and Minister for Veterans’ Affairs) EREN, Mr (Lara) Adjournment Adjournment Shire of Mornington Peninsula: RideSafe strategy, 2420 You Yangs Regional Park: closure, 2305
MEMBERS INDEX iv ASSEMBLY
Bills GIDLEY, Mr (Mount Waverley) Consumer Acts Amendment Bill 2011, 2272 Personal explanation Governor’s speech Member for Mount Waverley, 2341 Address-in-reply, 2458, 2466
Petitions GRALEY, Ms (Narre Warren South) Community sector: wages, 2423 Adjournment Planning: Geelong development, 2313 Rail: North Shore station, 2251 Floods: city of Casey, 2304 Members statements FOLEY, Mr (Albert Park) Breast cancer: football match, 2258
Bills Petitions Consumer Acts Amendment Bill 2011, 2274 Community sector: wages, 2423
Members statements Statements on reports RecLink Australia: football fundraiser, 2262 Public Accounts and Estimates Committee: budget estimates 2011–12 (part 1), 2342 Sacred Heart Mission: concert, 2262
GREEN, Ms (Yan Yean) FYFFE, Mrs (Evelyn) (The Deputy Speaker) Petitions Adjournment Alpine National Park: cattle grazing, 2251 Planning: sale of green wedge produce, 2303 Schools: Doreen, 2313 Bills Points of order, 2477 Consumer Acts Amendment Bill 2011, 2273 Questions without notice Distinguished visitors, 2433 Nurses and midwives: enterprise bargaining, 2352 Members statements
Can We Go Home Now?: launch, 2428 HALFPENNY, Ms (Thomastown) Country Fire Authority: Wonga Park station, 2429 Adjournment Rulings, 2326, 2327, 2488 Industrial relations: government policy, 2483
Members statements GARRETT, Ms (Brunswick) Lalor Tennis Club: awards, 2260 Adjournment Northern Saints Football Club: function, 2260
Bicycle infrastructure: funding, 2416 Petitions Bills Community sector: wages, 2423
Parliamentary Salaries and Superannuation Amendment Bill 2011, Points of order, 2488 2406
Members statements HELPER, Mr (Ripon) Victorian Arabic Social Services: funding, 2432
Petitions Members statements Community sector: wages, 2423 Employment: government performance, 2319
Points of order, 2407, 2413
MEMBERS INDEX
ASSEMBLY v
HENNESSY, Ms (Altona) HOWARD, Mr (Ballarat East)
Bills Bills Terrorism (Community Protection) Amendment Bill 2011, 2347 Terrorism (Community Protection) Amendment Bill 2011, 2361
Members statements Governor’s speech Member for Mount Waverley: conduct, 2428 Address-in-reply, 2444 Public transport: western suburbs, 2256 Members statements Petitions Ballarat East electorate: government commitments, 2317 Community sector: wages, 2423
Points of order, 2350 HUTCHINS, Ms (Keilor)
Questions without notice Members statements Gaming: auction process, 2348, 2349, 2459 Children: cyberbullying, 2431 Office of Public Prosecutions: review, 2241, 2242 Taylors Lakes Primary School: achievements, 2261
Petitions HERBERT, Mr (Eltham) Community sector: wages, 2423
Bills Accident Towing Services Amendment Bill 2011, 2294 KAIROUZ, Ms (Kororoit) Parliamentary Salaries and Superannuation Amendment Bill 2011, 2478 Business of the house Program, 2254 Governor’s speech Address-in-reply, 2433 Governor’s speech Address-in-reply, 2454 Members statements Araluen Centre: housing proposal, 2319 Petitions Community sector: wages, 2423
HODGETT, Mr (Kilsyth) KATOS, Mr (South Barwon) Business of the house Orders of the day, 2371 Adjournment Program, 2254 Torquay: racist behaviour, 2483 Sessional orders, 2347 Bills Members statements Consumer Acts Amendment Bill 2011, 2284 Australian Labor Party: replacement campaign, 2318 Parliamentary Salaries and Superannuation Amendment Bill 2011, 2405 Questions without notice Members statements Office of Public Prosecutions: review, 2241 Croatian community: independence celebrations, 2314 Torquay Froth and Bubble Literary Festival, 2314 HOLDING, Mr (Lyndhurst)
Matter of public importance KNIGHT, Ms (Ballarat West) Government: achievements, 2328 Members statements Questions without notice Inn Their Shoes Sleepout, 2430 Government: fees and charges, 2460, 2462 Petitions Community sector: wages, 2423
MEMBERS INDEX vi ASSEMBLY
KOTSIRAS, Mr (Bulleen) (Minister for Multicultural Affairs and McGUIRE, Mr (Broadmeadows) Citizenship) Adjournment Adjournment Crime: Broadmeadows electorate, 2414 Bees: sites, 2421 Bentleigh Secondary College: ministerial visit, 2421 Bills Berwick: commemorative statue, 2309 Parliamentary Salaries and Superannuation Amendment Bill 2011, Children: Take a Break program, 2488 2410 Clayton electorate: landfill sites, 2421 Governor’s speech Hosken Reserve, Pascoe Vale: floodlighting, 2488 Address-in-reply, 2439 Industrial relations: government policy, 2488 Panch Health Service: funding, 2488 Members statements Portarlington: safe harbour, 2421 Australian Turkish Business Council, 2318 Skilling the West: funding, 2488 Victorian Arabic Social Services: funding, 2430 Torquay: racist behaviour, 2487 Petitions Upper Yarra Dam shed: heating, 2421 Victorian Arabic Social Services: funding, 2423 Points of order, 2258
McINTOSH, Mr (Kew) (Minister for Corrections, Minister for LANGUILLER, Mr (Derrimut) Crime Prevention and Minister responsible for the establishment of an anti-corruption commission) Bills Business of the house Accident Towing Services Amendment Bill 2011, 2292 Adjournment, 2425 Consumer Acts Amendment Bill 2011, 2277 Orders of the day, 2369 Terrorism (Community Protection) Amendment Bill 2011, 2363 Program, 2253 Points of order, 2413 Sessional orders, 2344
Governor’s speech LIM, Mr (Clayton) Address-in-reply, 2453
Adjournment Joint sitting of Parliament Clayton electorate: landfill sites, 2415 Victorian Health Promotion Foundation, 2253
Bills Law Reform Committee Consumer Acts Amendment Bill 2011, 2279 Reference, 2425
Members statements Members statements Clayton electorate: landfill sites, 2433 David Prideaux, 2433
McCURDY, Mr (Murray Valley) McLEISH, Ms (Seymour)
Bills Bills Consumer Acts Amendment Bill 2011, 2275 Accident Towing Services Amendment Bill 2011, 2302 Parliamentary Salaries and Superannuation Amendment Bill 2011, Consumer Acts Amendment Bill 2011, 2280 2399 Members statements Members statements Yea: cittaslow town, 2257 Cobram Estate: awards, 2261 Joy and Greg Johnson, 2260 MADDEN, Mr (Essendon) Murray Valley electorate: community events, 2260
Questions without notice Bills Regional and rural Victoria: government initiatives, 2461 Consumer Acts Amendment Bill 2011, 2385
MEMBERS INDEX
ASSEMBLY vii
Petitions MULDER, Mr (Polwarth) (Minister for Public Transport and Minister for Roads) Rail: Moonee Ponds station, 2423
Points of order, 2464 Adjournment Bicycle infrastructure: funding, 2418 Questions without notice Rail Government: e-services procurement policy, 2463 Hallam station, 2310 Sydenham line, 2310
MERLINO, Mr (Monbulk) Bills Transport Legislation Amendment (Public Transport Safety) Bill Matter of public importance 2011, 2246, 2372 Government: achievements, 2338 Matter of public importance Members statements Government: achievements, 2326 Bishop Vincent Long Van Nguyen: ordination, 2259 Refugee Week: art and craft exhibition, 2259 NAPTHINE, Dr (South-West Coast) (Minister for Ports, Minister Points of order, 2245, 2351 for Regional Cities, Minister for Racing and Minister for Major Projects) Questions without notice Adjournment Minister for Police and Emergency Services: adviser, 2245 Rail: protective services officers, 2351 Lake Eppalock: flood damage, 2419 Governor’s speech MILLER, Ms (Bentleigh) Address-in-reply, 2446
Adjournment Matter of public importance Bentleigh Secondary College: ministerial visit, 2414 Government: achievements, 2336
Bills National Blood Authority Parliamentary Salaries and Superannuation Amendment Bill 2011, Report 2009–10, 2424 2395 Points of order, 2327, 2470, 2472, 2473, 2476 Terrorism (Community Protection) Amendment Bill 2011, 2367 Questions without notice Members statements Greyhound racing: government support, 2465 Ambulance services: subscriptions, 2258 Bushfires: royal commission recommendations, 2258 NARDELLA, Mr (Melton) Questions without notice Water: concessions, 2244 Adjournment State Revenue Office: first home owner grant, 2480
MORRIS, Mr (Mornington) Bills
Adjournment Parliamentary Salaries and Superannuation Amendment Bill 2011, 2472 Shire of Mornington Peninsula: RideSafe strategy, 2416
Distinguished visitors, 2458 NEVILLE, Ms (Bellarine) Members statements Adjournment Crime: statistics, 2317 Portarlington: safe harbour, 2413 Questions without notice Members statements Employment: growth, 2459 National Celtic Festival, 2429
Petitions Community sector: wages, 2423
MEMBERS INDEX viii ASSEMBLY
NEWTON-BROWN, Mr (Prahran) O’BRIEN, Mr (Malvern) (Minister for Gaming, Minister for Consumer Affairs and Minister for Energy and Resources) Adjournment Governor’s speech Housing: work and learning centres, 2306 Address-in-reply, 2436 Bills Questions without notice Consumer Acts Amendment Bill 2011, 2391 Terrorism (Community Protection) Amendment Bill 2011, 2355 Gaming: auction process, 2348, 2350, 2352, 2462, 2463
Members statements PALLAS, Mr (Tarneit) Senator Judith Troeth, 2430
Questions without notice Bills Gaming: auction process, 2348 Parliamentary Salaries and Superannuation Amendment Bill 2011, 2397
Business of the house NOONAN, Mr (Williamstown) Orders of the day, 2370 Adjournment Petitions Skilling the West: funding, 2481 Community sector: wages, 2423 Bills Parliamentary Salaries and Superannuation Amendment Bill 2011, PANDAZOPOULOS, Mr (Dandenong) 2400
Members statements Rulings, 2470, 2472, 2473, 2476, 2477, 2478 Ralph Willis and George Saliba, 2427
Petitions PERERA, Mr (Cranbourne)
Bayside P–12 College: facilities, 2313 Bills Community sector: wages, 2423 Terrorism (Community Protection) Amendment Bill 2011, 2366 Points of order, 2327 Members statements Cranbourne: men’s shed, 2316 NORTHE, Mr (Morwell) John Holmes, 2316
Adjournment PIKE, Ms (Melbourne) Agriculture: Morwell electorate, 2304
Bills Members statements Consumer Acts Amendment Bill 2011, 2281 Flemington: neighbourhood renewal program, 2257 Terrorism (Community Protection) Amendment Bill 2011, 2364
Governor’s speech POWELL, Mrs (Shepparton) (Minister for Local Government and Minister for Aboriginal Affairs) Address-in-reply, 2451
Members statements Bills Cost of living: government initiatives, 2432 Aboriginal Heritage Amendment Bill 2011, 2247, 2248 Local Government Amendment (Electoral Matters) Bill 2011, Questions without notice 2247, 2381, 2382
Bushfires: government assistance, 2245 Business of the house Rulings, 2404, 2407, 2408 Sessional orders, 2346
Statements on reports Members statements Public Accounts and Estimates Committee: budget estimates NAIDOC Week, 2428 2011–12 (part 1), 2341
MEMBERS INDEX
ASSEMBLY ix
RICHARDSON, Ms (Northcote) SCOTT, Mr (Preston)
Adjournment Bills Panch Health Service: funding, 2485 Consumer Acts Amendment Bill 2011, 2267 Terrorism (Community Protection) Amendment Bill 2011, 2368 Bills Parliamentary Salaries and Superannuation Amendment Bill 2011, 2475 SHAW, Mr (Frankston) Transport Legislation Amendment (Public Transport Safety) Bill 2011, 2246 Bills
Member for Mount Waverley: conduct, 2425 Consumer Acts Amendment Bill 2011, 2278 Parliamentary Salaries and Superannuation Amendment Bill 2011, Members statements 2476 Member for Mount Waverley: conduct, 2320, 2426 Members statements
Points of order, 2476 CarbonetiX: ResourceSmart school awards, 2431 Frankston electorate: ministerial visit, 2431 Frankston Special Developmental School: Making Music Being RYALL, Ms (Mitcham) Well program, 2431 McClelland Gallery and Sculpture Park: 40th anniversary, 2431 Bills Points of order, 2477 Consumer Acts Amendment Bill 2011, 2269
Members statements SMITH, Mr R. (Warrandyte) (Minister for Environment and Edward and Elizabeth O’Toole, 2259 Climate Change and Minister for Youth Affairs) Robert and Beverley Hoskins, 2259 Taralye oral language centre: open week, 2259 Adjournment
Points of order, 2326 Housing Heidelberg West, 2311 Questions without notice work and learning centres, 2311 Gaming: auction process, 2350 Planning: sale of green wedge produce, 2311 You Yangs Regional Park: closure, 2311
RYAN, Mr (Gippsland South) (Minister for Police and Emergency Matter of public importance Services, Minister for Bushfire Response and Minister for Government: achievements, 2339 Regional and Rural Development) Questions without notice Adjournment Waste management: government action, 2464 Crime: Broadmeadows electorate, 2419
Bills SOUTHWICK, Mr (Caulfield) Justice Legislation Amendment (Protective Services Officers) Bill 2011, 2246, 2373, 2376 Adjournment
Points of order, 2354 Schools: languages other than English, 2481 Bills Questions without notice Parliamentary Salaries and Superannuation Amendment Bill 2011, Bushfires: government assistance, 2245 2402 Gaming: auction process, 2353 Terrorism (Community Protection) Amendment Bill 2011, 2357 Minister for Police and Emergency Services: adviser, 2245 Office of Public Prosecutions: review, 2241, 2243 Members statements Regional and rural Victoria: government initiatives, 2461 Jewish Community Council of Victoria: under-age drinking initiative, 2257 Planning: Caulfield Village, 2256 Roei Sadan, 2257
MEMBERS INDEX x ASSEMBLY
Questions without notice Members statements Schools: literacy and numeracy, 2244 Member for Mount Waverley: conduct, 2428
SPEAKER, The (Hon. K. M. Smith) TILLEY, Mr (Benambra)
Distinguished visitors, 2246, 2459 Members statements Manufacturing: Danone-Murray Goulburn joint venture, 2432 Joint sitting of Parliament Rail: north-eastern Victoria service, 2432 Victorian Health Promotion Foundation, 2253 Rulings, 2258 Rulings, 2242, 2243, 2245, 2349, 2350, 2351, 2352, 2353, 2354, 2413, 2460, 2461, 2463, 2464, 2466 TREZISE, Mr (Geelong) Suspension of members Member for Albert Park, 2464 Bills Member for Altona, 2462 Accident Towing Services Amendment Bill 2011, 2299 Member for Bendigo East, 2465 Member for Eltham, 2461 Members statements Member for Mill Park, 2341 Operation Newstart: Geelong, 2316 Member for Yan Yean, 2463 Petitions Geelong High School: funding, 2313 SYKES, Dr (Benalla)
Adjournment VICTORIA, Mrs (Bayswater) Falls Creek Kangaroo Hoppet: funding, 2482 Bills Bills Accident Towing Services Amendment Bill 2011, 2297 Consumer Acts Amendment Bill 2011, 2386 Governor’s speech Members statements Address-in-reply, 2455 Floods: government assistance, 2315 Members statements Tourism: north-eastern Victoria, 2315 Circus Oz: Steampowered, 2315 Former government: performance, 2314 THOMPSON, Mr (Sandringham) National Gallery of Victoria: European art exhibition, 2315
Bills Accident Towing Services Amendment Bill 2011, 2299 WAKELING, Mr (Ferntree Gully) Consumer Acts Amendment Bill 2011, 2383 Bills Members statements Consumer Acts Amendment Bill 2011, 2389 Fairway Hostel: improvements, 2320 Members statements Sandringham electorate: graffiti removal, 2320 Country Fire Authority: Rowville brigade, 2262 Petitions Ferntree Gully junior football club: dinner, 2262 Vietnam: communism, 2251
WALSH, Mr (Swan Hill) (Minister for Agriculture and Food THOMSON, Ms (Footscray) Security and Minister for Water)
Bills Adjournment Terrorism (Community Protection) Amendment Bill 2011, 2356 Agriculture: Morwell electorate, 2308 Floods: city of Casey, 2309 Business of the house Bills Orders of the day, 2371 Farm Debt Mediation Bill 2011, 2247, 2377, 2378
MEMBERS INDEX
ASSEMBLY xi
Matter of public importance WOOLDRIDGE, Ms (Doncaster) (Minister for Mental Health, Minister for Women’s Affairs and Minister for Community Government: achievements, 2330 Services) Points of order, 2394 Bills Drugs, Poisons and Controlled Substances Amendment (Drugs of WATT, Mr (Burwood) Dependence) Bill 2011, 2247, 2380 Members statements Adjournment Bill Larkin, 2426 Ashwood College: funding, 2418 Questions without notice Bills Water: concessions, 2244 Accident Towing Services Amendment Bill 2011, 2296 Parliamentary Salaries and Superannuation Amendment Bill 2011, Victorian Child Death Review Committee 2474 Report 2011, 2424 Points of order, 2408
Questions without notice WREFORD, Ms (Mordialloc)
Gaming: auction process, 2462 Adjournment Kingston Heath Primary School: library, 2484 WELLER, Mr (Rodney) Members statements Adjournment Mordialloc Beach Primary School: Korean celebration, 2321 Lake Eppalock: flood damage, 2417 University of the Third Age: city of Kingston, 2320
Bills Questions without notice Accident Towing Services Amendment Bill 2011, 2287 Waste management: government action, 2464
Members statements WYNNE, Mr (Richmond) Children: Take a Break program, 2259
Statements on reports Bills Public Accounts and Estimates Committee: budget estimates Aboriginal Heritage Amendment Bill 2011, 2249 2011–12 (part 1), 2343 Local Government Amendment (Electoral Matters) Bill 2011, 2247
WELLS, Mr (Scoresby) (Treasurer) Matter of public importance Government: achievements, 2331 Adjournment Points of order, 2476 Housing industry: builders insurance, 2486
Governor’s speech Address-in-reply, 2441
Matter of public importance Government: achievements, 2321
Members statements Stamp duty: first home buyers, 2256
Questions without notice Gaming: auction process, 2354, 2459 Government: fees and charges, 2460, 2461, 2462