PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

LEGISLATIVE ASSEMBLY

FIFTY-SEVENTH PARLIAMENT

FIRST SESSION

Wednesday, 7 December 2011 (Extract from book 20)

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 Pandazopoulos 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 Pandazopoulos, 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

WEDNESDAY, 7 DECEMBER 2011 Information and communications technology: former government performance ...... 6128 RULINGS BY THE CHAIR Narre Warren electorate: government Imputations and personal reflections ...... 6119 performance...... 6129 FREEDOM OF INFORMATION AMENDMENT Youth: suicide prevention ...... 6129 (FREEDOM OF INFORMATION COMMISSIONER) Ivanhoe electorate: government performance ...... 6129 BILL 2011 GRIEVANCES Introduction and first reading...... 6119 Bushfires: royal commission recommendations ...... 6130 BUSINESS OF THE HOUSE Information and communications technology: Notices of motion: removal...... 6120 former government performance ...... 6132 Orders of the day...... 6207 Education: government performance...... 6135 PETITIONS Former government: financial management ...... 6138 Canterbury Road Urban Forest: future ...... 6120 Liberal Party: fundraiser conduct...... 6141 Rail: Traralgon line ...... 6120 Murray-Darling Basin: federal plan...... 6143 Victorian certificate of applied learning: Health: prenatal testing...... 6146 funding...... 6120 Former government: performance...... 6148 FReeZACentral: funding...... 6120 STATEMENTS ON REPORTS Shire of Moorabool: coal exploration...... 6120 Public Accounts and Estimates Committee: Unborn children: legal rights ...... 6121 Auditor General’s terrorism preparedness PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE report...... 6151 Auditor-General: terrorism preparedness report ....6121 Scrutiny of Acts and Regulations Committee: review of Charter of Human Rights and DOCUMENTS ...... 6121 Responsibilities Act 2006 ...... 6151 PARLIAMENTARY COMMITTEES Public Accounts and Estimates Committee: Reporting dates ...... 6122 budget estimates 2011–12 (part 1)...... 6152, 6153 MEMBERS STATEMENTS Public Accounts and Estimates Committee: Great Victorian Bike Ride...... 6122 budget estimates 2011–12 (part 3)...... 6154 Education: government performance...... 6122 Public Accounts and Estimates Committee: Murray-Darling Basin: federal plan ...... 6123 budget estimates 2011–12 (part 2)...... 6155 Rail: Epsom level crossing...... 6123 PUBLIC PROSECUTIONS AMENDMENT BILL 2011 Lloyd Park, Langwarrin: facilities ...... 6123 Second reading ...... 6156, 6163 Hastings electorate: community meeting ...... 6124 QUESTIONS WITHOUT NOTICE Ron Smith ...... 6124 Minister for Finance: shareholdings...... 6157 Buses: northern suburbs services ...... 6124 India: trade delegation ...... 6157 Doreen: urban growth boundary...... 6124 Public transport: government performance...... 6158 Higher education: regional and rural students...... 6124 Murray-Darling Basin: federal plan...... 6159 Timor Ethnic Chinese Community of Victoria ...... 6124 VicForests: board appointment...... 6160 Government: achievements...... 6125 Tourism: government achievements...... 6160 Nurses: enterprise bargaining ...... 6125 Minister for Innovation, Services and Small St Petka Macedonian Orthodox Church: Business: company directorship ...... 6161 150th anniversary ...... 6125 Contaminated sites: former government Former government: performance ...... 6126 performance...... 6161 Alannah and Madeline Foundation: eSmart Former deputy commissioner of police: meeting..... 6162 initiative...... 6126 Boating: safety ...... 6162 Life Saving Victoria: achievements ...... 6126 John Nix...... 6126 CHILDREN’S SERVICES AMENDMENT BILL 2011 Children: Take a Break program ...... 6127 Second reading ...... 6168 Malcolm Swaine...... 6127 CITY OF GREATER GEELONG AMENDMENT BILL Brian Cunial...... 6127 2011 Therese Hughes-Menzies ...... 6127 Second reading ...... 6179 Returned and Services League women’s LEO CUSSEN INSTITUTE (REGISTRATION AS A auxiliary: 70th anniversary ...... 6127 COMPANY) BILL 2011 Christmas felicitations ...... 6128 Second reading ...... 6192 Police: Geelong region ...... 6128 EMERGENCY SERVICES LEGISLATION Gordon TAFE: Science Experience...... 6128 AMENDMENT BILL 2011 Victorian Health Promotion Foundation: Statement of compatibility ...... 6207 annual general meeting ...... 6128 Second reading ...... 6210 Forest Hill electorate: Victorian Premiers’ CONTROL OF WEAPONS AND FIREARMS ACTS Reading Challenge...... 6128 AMENDMENT BILL 2011 Statement of compatibility ...... 6212

CONTENTS

Second reading...... 6213 ASSOCIATIONS INCORPORATION REFORM BILL 2011 Statement of compatibility...... 6214 Second reading...... 6220 PORT MANAGEMENT AMENDMENT (PORT OF MELBOURNE CORPORATION LICENCE FEE) BILL Statement of compatibility...... 6223 Second reading...... 6223 BUSINESS NAMES (COMMONWEALTH POWERS) BILL 2011 Second reading...... 6224 ADJOURNMENT Buses: Bundoora electorate...... 6228 Tourism: Yarra Valley...... 6228 Nelson Park School: senior campus...... 6229 Murray-Darling Basin: federal plan ...... 6229, 6231 Electricity: Brunswick terminal station ...... 6230 Schools: Prahran electorate ...... 6230 Mill Park Heights Primary School: Reading Recovery program...... 6231 Schools: Richmond sites...... 6232 Multicultural Arts Victoria: funding...... 6233 Responses ...... 6233

RULINGS BY THE CHAIR

Wednesday, 7 December 2011 ASSEMBLY 6119

Wednesday, 7 December 2011 and it is reasonable to view them as a personal attack on an individual member, the Chair can The SPEAKER (Hon. Ken Smith) took the chair at seek a withdrawal. 9.33 a.m. and read the prayer. In regard to the member for Yan Yean’s point of order, I have examined the Hansard carefully and I have RULINGS BY THE CHAIR noted the Attorney-General’s comments. He made reference to the contributions collectively made by Imputations and personal reflections some opposition members, one of whom was the member for Yan Yean. In my view the The SPEAKER — Order! Yesterday the member Attorney-General was simply making points in debate for Yan Yean took a point of order, alleging that the and those comments did not include personal Attorney-General had made insulting comments to her reflections on the member for Yan Yean. There had in debate. It was referred to me for my consideration. been robust contributions by opposition members, The issue of personal reflections can be a difficult one including the member for Yan Yean, and the for the Chair to deal with. There have been many Attorney-General was simply responding to those rulings in the past, with successive Chairs trying to comments and illustrating the implications of the views balance the aim of a robust and free-flowing debate they had expressed. The Acting Speaker exercised his with the need to protect members from imputations and discretion not to uphold the point of order. I support his the need to protect the member who is speaking from decision and rule that there was no point of order. frivolous points of order. In this case I have looked initially at the general principles, and I have applied them to yesterday’s situation. FREEDOM OF INFORMATION AMENDMENT (FREEDOM OF Standing order 118 provides that imputations of INFORMATION COMMISSIONER) improper motives and personal reflections on members, BILL 2011 amongst others, are disorderly, other than by substantive motion. Under standing order 120 a Introduction and first reading member wishing to object to words must do so immediately, and if they relate to that member and that Mr McINTOSH (Minister responsible for the member finds them personally offensive, the Chair will establishment of an anti-corruption commission) — I order that the words be withdrawn and may require an move: apology. That I have leave to bring in a bill for an act to amend the It is clear to me that no two situations are the same and Freedom of Information Act 1982 to establish a freedom of therefore it is not possible to be prescriptive about what information commissioner and to improve the operation of that act, to make related and consequential amendments to should happen in each situation. There will always be other acts and for other purposes. an element of judgement and discretion the Chair needs to exercise. However, broadly, there are two scenarios: Ms HENNESSY (Altona) — Could I ask that the minister provide a brief explanation of the bill? (1) A member reflects directly on another member, either by name or in such a way to Mr McINTOSH (Minister responsible for the clearly identify that member. In that situation establishment of an anti-corruption commission) — the presumption is that the words will be This bill provides for the most significant reform of withdrawn. However, to guard against freedom of information in the 30 years that the frivolous points of order, if the Chair is not Freedom of Information Act 1982 has been in operation satisfied that any reflections have taken place, in this state by establishing a freedom of information they can refuse to uphold the point of order. commissioner. The commissioner will principally be undertaking first-stage reviews and will undertake other (2) A member makes comments generally about initiatives as well. This is a significant reform. It will other members. Words in this context do not bring Victoria into line with many other jurisdictions have the same impact as those made directly around Australia, and I note that in 11 long years Labor against one member. In this situation the did nothing about this. presumption is that a member cannot seek a withdrawal as the remarks have been made Motion agreed to. collectively. However, to guard against inappropriate comments being made, the Chair Read first time. too has discretion in this situation. If the Chair considers the remarks are more than criticism

BUSINESS OF THE HOUSE

6120 ASSEMBLY Wednesday, 7 December 2011

BUSINESS OF THE HOUSE 2. government secondary schools stand to lose up to $125 000 in funding which will impact heavily on teachers expected to deliver the support and services Notices of motion: removal despite having inadequate time and resources to do so; and The SPEAKER — Order! Notices of motion 3 to 12 will be removed from the notice paper unless 3. funding has been axed despite strong objections from members wishing their notice to remain advise the principals, teachers, parents and students across Victoria. Clerk in writing before 6.00 p.m. today. The petitioners therefore request that the Legislative Assembly urgently calls on the Baillieu government to immediately reverse its decision and restore funding to this vital program as a matter PETITIONS of urgency.

Following petitions presented to house: By Mr HERBERT (Eltham) (27 signatures), Ms THOMSON (Footscray) (264 signatures), Canterbury Road Urban Forest: future Mr TREZISE (Geelong) (584 signatures), Ms HUTCHINS (Keilor) (90 signatures), To the Legislative Assembly of Victoria: Mr EREN (Lara) (683 signatures), This petition of certain citizens of the state of Victoria draws to Ms PIKE (Melbourne) (656 signatures) and the attention of the house the need to permanently protect the Mr ANDREWS (Mulgrave) (369 signatures). area of land along Canterbury Road, Albert Park, St Kilda West and Middle Park, known as the Canterbury Road Urban Forest. FReeZACentral: funding The petitioners therefore request that the state government transfer the land currently owned by VicTrack to the permanent To the Legislative Assembly of Victoria: management of the City of Port Phillip as ‘public reserve’. This petition of the residents of Victoria draws to the attention By Mr FOLEY (Albert Park) (15 signatures). of the house that: Rail: Traralgon line 1. through the FReeZACentral program more than 3500 young people across Victoria have attended To the Legislative Assembly of Victoria: accredited training workshops and a further 400 have participated in intensive mentoring with music industry This petition of the residents of Wellington shire draws to the professionals; attention of the house the need for the allocation of funding to provide infrastructure and improvements to rail services 2. 140 000 young people attend hundreds of drug and between Traralgon and Sale. alcohol-free FReeZA events every year across Victoria;

The Wellington shire is a developing region with significant 3. the recent Deloitte report has identified FReeZA’s vital future economic growth opportunities. A reliable, efficient contribution to the continued success of Victoria’s live transport service with the appropriate timetable will have music industry; substantial economic benefits to the area. 4. we are disappointed that the Baillieu government has The petitioners therefore request that the Legislative Assembly of chosen to cease funding FReeZACentral and by the lack Victoria support the Wellington shire’s business case of June of commitment to funding for FReeZA beyond June 2010 seeking improvements to the Sale–Traralgon rail passenger 2012. service. The petitioners therefore request that the Legislative Assembly of By Mr RYAN (Gippsland South) (20 signatures). Victoria: 1. call on the Baillieu government to restore funding to the Victorian certificate of applied learning: FReeZACentral training and mentoring program; and funding 2. call on the Baillieu government to commit ongoing To the Legislative Assembly of Victoria: funding for FReeZA.

This petition of certain citizens of the state of Victoria draws By Ms DUNCAN (Macedon) (152 signatures) and to the attention of the Legislative Assembly the Baillieu government’s axing of $12 million funding for the Victorian Ms GREEN (Yan Yean) (13 signatures). certificate of applied learning program. Shire of Moorabool: coal exploration In particular, we note: To the Legislative Assembly of Victoria: 1. VCAL provides an important learning alternative to the VCE for students across Victoria; This petition of the Bacchus Marsh and Moorabool community draws to the attention of the house the exploration

PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE

Wednesday, 7 December 2011 ASSEMBLY 6121

and development of an open-cut coalmine in the shire of Ordered that petition presented by honourable Moorabool. member for Melton be considered next day on We, the petitioners, request that the Legislative Assembly of motion of Mr NARDELLA (Melton). Victoria call for the Victorian government to halt the Mantle Mining brown coal exploration in the shire of Moorabool and Ordered that petition presented by honourable mandate a review of process that requires real community member for Lara be considered next day on motion consultation, including but not limited to, satisfactory of Mr EREN (Lara). communication of information requirements; that corrects the legislative bias in relation to mining in Victoria and land-holders are given rights; that current scientific evidence Ordered that petition presented by honourable on the social and environmental impacts of existing and new member for Geelong be considered next day on technologies is reviewed and the public is made aware of the motion of Mr TREZISE (Geelong). findings. Ordered that petition presented by honourable By Mr NARDELLA (Melton) (299 signatures). member for Melbourne be considered next day on motion of Ms PIKE (Melbourne). Unborn children: legal rights Ordered that petition presented by honourable To the Legislative Assembly of Victoria: member for Yan Yean be considered next day on The petition of John and Celia Denney of Kilmore draws to motion of Ms GREEN (Yan Yean). the attention of the house that we lost our beautiful daughter, Anne Beatrice, at 20 weeks gestation due to a car accident, Ordered that petition presented by honourable yet her life and death have gone virtually legally unnoticed, member for Keilor be considered next day on that we were woefully ill informed by medical staff at the Royal Melbourne Hospital of what may well (and did) motion of Ms HUTCHINS (Keilor). happen and that we have been deeply aggrieved that Anne’s death is not seen as even being worthy of inquiry by a Ordered that petition presented by honourable coroner. The verdict of ‘stillbirth’ is a stinging injustice and member for Seymour be considered next day on devalues precious human lives, simply because that child did motion of Ms McLEISH (Seymour). not take a breath.

The petitioners therefore request that the Legislative Assembly of Ordered that petition presented by honourable Victoria: member for Eltham be considered next day on motion of Mr HERBERT (Eltham). 1. recognise that the unborn of any gestation be counted as a road death, reflecting the reality of that child’s life; Ordered that petition presented by honourable 2. provide that pregnant women who present at a trauma member for Footscray be considered next day on department be treated as two patients equally deserving motion of Ms THOMSON (Footscray). of medical help; and 3. insist that the same justice extended to the born is PUBLIC ACCOUNTS AND ESTIMATES extended to the unborn equally, even to a full coronial inquiry because a life has been lost. COMMITTEE

By Ms McLEISH (Seymour) (1152 signatures). Auditor-General: terrorism preparedness report Tabled. Mr ANGUS (Forest Hill) presented report, together Ordered that petition presented by honourable with appendix and transcripts of evidence. member for Albert Park be considered next day on motion of Mr FOLEY (Albert Park). Tabled.

Ordered that petition presented by honourable Ordered that report and appendix be printed. member for Mulgrave be considered next day on motion of Mr ANDREWS (Mulgrave). DOCUMENTS Ordered that petition presented by honourable member for Macedon be considered next day on Tabled by Clerk: motion of Ms DUNCAN (Macedon). Auditor-General:

Compliance with Building Permits — Ordered to be printed

PARLIAMENTARY COMMITTEES

6122 ASSEMBLY Wednesday, 7 December 2011

Management of Road Bridges — Ordered to be printed The riders were particularly enthusiastic about the Managing Contaminated Sites — Ordered to be printed reception they received in some of the smaller towns, particularly towns like Boort and Wedderburn, where Victorian Institute of Teaching — Ordered to be printed people went out of their way to make sure the group was made to feel welcome. They are great Australian Health Practitioner Regulation Agency — Report 2010–11 communities. They conducted markets, food stalls and even an open-air cinema and went out of their way to Wrongs Act 1958 — Notice under s 28LXA (Gazette G47, welcome the massive influx of visitors. In Boort they 24 November 2011). even held the art show to coincide with this event. The following proclamation fixing an operative date This is a major boost for tourism across the Swan Hill was tabled by the Clerk in accordance with an order of electorate and a prelude to the YMCA Murray River the House dated 8 February 2011: canoe marathon, which will be held between 27 and Electronic Transactions (Victoria) Amendment Act 2011 — 31 December and in which I and the member for Whole Act — 1 December 2011 (Gazette S389, 29 Murray Valley will be paddling this year. This will be November 2011). the sixth year in which I have done the Murray River marathon, another great event that attracts people to the PARLIAMENTARY COMMITTEES sunshine of northern Victoria, where they enjoy the great weather we have. Reporting dates Education: government performance Mr McINTOSH (Minister for Corrections) — By Mr HULLS (Niddrie) — Yesterday I had the leave, I move: honour of tabling a petition signed by almost That the resolution of the house of 10 February 2011 1000 people in my electorate which calls on the providing that the: Baillieu government to reinstate the $50 million it has cruelly and callously ripped out of the VCAL (1) Education and Training Committee be required to present its report on: (Victorian certificate of applied learning) program. As we know, education is really the key to the future, and (a) the education of gifted and talented students be thousands of Victorian students see their future by way amended so far as to require the report to be of an alternative education pathway. By ripping presented to Parliament no later than 30 June 2012; $50 million out of VCAL and thereby in effect (b) agricultural education in Victoria be amended so destroying the coordination of this program, the current far as to require the report to be presented to government is stealing this key and therefore stealing a Parliament no later than 16 November 2012; promising future from many young Victorians.

(2) Family and Community Development Committee be I have to say that the government seems hell bent on required to present its report on workforce participation by people with a mental illness be amended so far as to undermining quality education in this state. Whilst on require the report to be presented to Parliament no later the one hand it announces a Victorian baccalaureate — than 30 September 2012. without any funding — for gifted students, on the other hand it shuts down Reading Recovery programs for Motion agreed to. needy young students. It shuts down crucial literacy and numeracy programs. It denies students an alternative MEMBERS STATEMENTS educational pathway by ripping the guts out of VCAL. It slashes nearly $500 million from the recurrent Great Victorian Bike Ride education budget, and it halves the capital works budget. Mr WALSH (Minister for Agriculture and Food Security) — This year the Great Victorian Bike Ride, As I said earlier, this Premier and his Minister for run over nine days, started in Swan Hill and ran through Education will go down in history as the dud duo who to Castlemaine. Most of the ride was spent in the Swan dudded generations of Victorians out of a quality Hill electorate. The ride involved something like education. The Premier may have had a quality 4000 participants and volunteers, which meant that educational experience — and good luck to him! — but many small communities in my electorate doubled or that does not mean he has the right to undermine tripled in size as the Great Victorian Bike Ride passed quality education in this state. He has no right to rip the through.

MEMBERS STATEMENTS

Wednesday, 7 December 2011 ASSEMBLY 6123 guts out of our education system and leave thousands of Rail: Epsom level crossing Victorians on an educational scrap heap. Ms ALLAN (Bendigo East) — During 2010 I was Murray-Darling Basin: federal plan pleased to work with local residents in the Epsom community to push for improvements to the railway Mrs POWELL (Minister for Local Government) — crossing at Howard Street, Epsom. Epsom is a growing On Monday, 28 November, the Murray-Darling Basin community. The Howard Street crossing links to a draft plan was released. My community has been shopping centre which has been constructed in recent waiting for the release of this document as it was years and which has seen a dramatic increase in traffic, supposed to address the socioeconomic impacts on and I note that the construction of this shopping centre, communities as well as the environmental impacts. with a supermarket and other shops and services for the Unfortunately the plan does not address the social local community, was actually opposed by the Bendigo impacts on communities where valuable water will be branch of the Liberal Party and many Liberal members. taken away from irrigators in the Murray-Darling So it was with interest that I read an announcement by Basin. the Minister for Public Transport in the Bendigo Advertiser on 12 November regarding level crossing The economic and social impact of the plan will be upgrades along the Echuca–Bendigo railway line. significant in northern Victoria. While the small These upgrades are needed because Labor introduced communities in northern Victoria will be severely additional services along that railway line, and I am affected, my electorate of Shepparton and the Goulburn pleased to see that the minister is pushing ahead with Valley, which is known as the food bowl of Australia, continued upgrades. will see farmers as well as businesses and the broader community facing particularly significant hardships. The announcement provided a list of crossings that Already about 70 shops have closed in the Shepparton indicated that 13 in all are going to be upgraded along district due to 10 years of drought and a lack of the Bendigo–Echuca railway line, and I was disposable money. The community is sick of the years disappointed to note that Howard Street was not on that of uncertainty, which is causing farmers to leave list. As I said, it is a very busy intersection in a growing farming. community, and there are safety concerns held by the local area — yet Howard Street was off the list. Last There is a public meeting in Shepparton on November I was pleased to commit Labor to an 13 December, and I know the community will be there upgrade of this crossing. This was not matched by the in force to support our farmers and businesses. We will Liberal Party. It seems that its members prefer to make send a strong message to the federal water minister, level crossings in Brighton and those in the eastern Tony Burke, the federal member for Watson, that he suburbs of Melbourne a priority over those in regional must understand the impact that huge losses of water Victoria. I ask the minister to respond to the letter I will have on our community. wrote to him last week calling for an upgrade to the The Victorian coalition government will continue to Howard Street crossing. work closely with its communities to ensure that their Lloyd Park, Langwarrin: facilities concerns are heard. The Victorian Minister for Water, Mr Walsh, will be preparing a submission on the draft Mr BURGESS (Hastings) — On Friday, basin plan on behalf of the Victorian government, and I 25 November, I, along with the mayor of Frankston, and my colleagues will continue to lobby strongly and Cr Kris Bolarn, and the federal member Dunkley, fight for the survival of our rural and regional Bruce Billson, attended the turning of the sod at communities. Langwarrin’s Lloyd Park sporting precinct. The event was another step towards delivering on the commitment I congratulate Greater Shepparton City Council on I made before the last state election that a coalition showing leadership on this matter, and I congratulate government would provide $300 000 towards the other councils in the Murray-Darling Basin on upgrade of the facilities and equipment at Lloyd Park, supporting their communities. which is the sporting centre of Langwarrin. It is the The SPEAKER — Order! The member’s time has place where a large number of Langwarrin residents expired. and families come together to participate in and watch a broad range of sports, including junior and senior football and cricket, netball and tennis. With the amount of sport played at the park and the more than 700 participants involved, the two changing rooms and

MEMBERS STATEMENTS

6124 ASSEMBLY Wednesday, 7 December 2011 canteen were no longer enough. The second clubroom government, which cut weekend bus services to many will help clubs to provide the standard of facilities communities, including Whittlesea. People were needed for the hundreds of men, women, boys and girls horrified this week to read that the 562 bus that runs who use the reserve daily. between Greensborough and Whittlesea will now have 53 fewer services, as of this week. This is outrageous. The diversity of sporting clubs at Lloyd Park plays a Growing communities need more services, not fewer key role in the community, enabling people of all ages services. The reason being given for these cuts is that to engage with each other in a positive and healthy heavy traffic means the bus timetable is unachievable. environment. The delivery of this commitment by the This government needs to recognise the needs of the Baillieu government will be a big step towards northern suburbs and fund them, not cut them. establishing the quality sporting and recreation hub that the Langwarrin community both needs and deserves. Doreen: urban growth boundary

Hastings electorate: community meeting Ms GREEN — I would like to congratulate Cr Pam McLeod and the other councillors who have backed Mr BURGESS — On Monday, 29 November, I Doreen residents in their fight against the rotten held a law and order community meeting at the Blind changes to the urban growth boundary in Doreen. Good Bight community centre for residents of the coastal on them for standing up for the community! villages in the Hastings electorate. A broad range of issues was discussed, including vandalism, graffiti and Higher education: regional and rural students the illegal use of a variety of motorised bikes on walking tracks, Crown land and other public and Mr TILLEY (Benambra) — Last Friday, private areas. Two senior Cranbourne police officers, 2 December, I had the pleasure of accompanying the Acting Senior Sergeant Scott Roberts and Senior Honourable Peter Hall, Minister for Higher Education Sergeant Andrew Horscroft, attended. They listened and Skills, to Wodonga Institute of TAFE, where he carefully and provided community members with announced a $3.25 million partnership to increase valuable advice. I look forward to continuing to work university access for local students. The coalition with the community and our local police officers to government will contribute almost $2 million to a address law and order concerns. University of Melbourne-led project to boost the quality of higher education and training for regional students. Ron Smith The University of Melbourne will lead a consortium of two regional TAFE institutes to develop a program that Mr BURGESS — I would like to congratulate will see year 12 students completing diplomas that they publicist Ron Smith on his outstanding achievement of will be able to use as credit towards a degree at the being named Victorian volunteer of the year — — University of Melbourne.

The SPEAKER — Order! The member’s time has Young people in regional Victoria have fallen behind expired. their metropolitan counterparts in a number of key areas, including attaining a higher education Buses: northern suburbs services qualification and enrolment at university. There has also been a significant rise in the number of regional Ms GREEN (Yan Yean) — If it was not enough students who defer university studies. This initiative that in this year’s state budget there was a zero goes a long way towards closing the gap between allocation for buses across this state, a zero allocation metropolitan and rural areas, which is an issue that this for roads in the northern suburbs, the cancellation of coalition government recognises. I congratulate the Labor’s Cooper Street upgrade, the cancellation of the University of Melbourne, Wodonga TAFE and Mernda busway and $50 million spent somewhere else GOTAFE in Shepparton on this partnership, which will in the system — goodness knows where, but not in the make a major contribution to helping pave the way for north — the Kinglake bushfires shuttle bus has been more local students to access higher education. cancelled by this government, and the Minister for Public Transport is trying to claim credit for Timor Ethnic Chinese Community of Victoria Donnybrook Road. Mr LANGUILLER (Derrimut) — I was delighted Labor added more than 900 weekly bus services in the to represent the Leader of the Parliamentary Labor Yan Yean electorate, and we were constantly rolling Party and Leader of the Opposition at a Timorese out services to new communities. The last government Chinese community function on 23 November in my to cut bus services to my area was the Kennett

MEMBERS STATEMENTS

Wednesday, 7 December 2011 ASSEMBLY 6125 electorate of Derrimut and to join the president, Mr Ni More than 130 of our election commitments have been Tec Leong; the Consul General of the People’s implemented since taking office. Paramount for the Republic of China, Mr Shi Weiqiang; Whitehorse city Baillieu government have been ending the waste, fixing councillor Mr Robert Chong, OAM; and many other the mess, protecting vulnerable Victorians, boosting distinguished guests from Victoria, New South Wales community safety and restoring integrity of and South Australia, who joined in the celebration of government. Twelve months on I can tell the house that the 19th anniversary of the Timorese Ethnic Chinese our constituents have embraced the can-do spirit of the Community of Victoria. Baillieu government. Caulfield is benefiting from the return of good governance. I conveyed greetings from a special friend, the member for Richmond, who was unable to attend that night. On Nurses: enterprise bargaining behalf of the Australian Labor Party I commended the good work — the hard and important work — that the Ms HALFPENNY (Thomastown) — I rise in Timorese Ethnic Chinese Community of Victoria does support of Victoria’s dedicated and hardworking for its community. It supports everyone from the most nurses, who work with us every day with tremendous elderly people to the youngest children, who are compassion and commitment. My colleagues and I on growing up in the most multicultural state in Australia. this side of the house fully support the nurses in their I told the community that the parliamentary Labor Party current negotiations over wages and working remains strongly committed to all legislation that conditions. We are right behind them. It as an outrage upholds the rights of multicultural Victoria, including that this government has forced hardworking nurses the Multicultural Victoria Act 2011, the Charter of and midwives to take industrial action to defend Human Rights and Responsibilities Act 2001 and nurse-to-patient ratios. religious anti-vilification laws, which are, as we know, important pillars of our democracy. I was prompted to speak today having received a call from a constituent last week, a Mrs Musgrave from Government: achievements Fawkner. Mrs Musgrave was recently treated at the Northern Hospital. She was keen for me to express to Mr SOUTHWICK (Caulfield) — This week we this government — and to the Premier in particular — conclude the first parliamentary year of the Baillieu her gratitude, admiration and support for Victoria’s coalition government. It is one year since the people of nurses. She said to me that she received excellent care Victoria said in one voice they had had enough of spin and that ‘They don’t just walk; they run’ to make sure and they wanted a government that would deliver what everyone gets the quality care that they need. Nurses it promised and solve problems with solutions, not are the lifeblood of our hospitals, and they do run — photo opportunities. they run our hospitals through their efforts, and they deserve to be funded properly. The previous government had more blow-outs than a dodgy tyre factory. There was $2.1 billion in black St Petka Macedonian Orthodox Church: holes, cost overruns and unfunded projects left by 150th anniversary Labor. As we continue to deliver on our promises, it is worth reflecting on what might have been if Labor still Ms HALFPENNY — The 150th anniversary of the had control of the purse strings. I cannot help but think St Petka Macedonian Orthodox Church, formerly the of the $3 billion loss in revenue which occurred when Scots Presbyterian Church, in Mill Park, was celebrated Labor sold gaming licences worth $4.5 billion for a on 19 November 2011. It was a great occasion that was fraction of their worth. Classic rockers AC/DC might very fitting for the church’s long and active history. The have been talking about Labor when they sang Dirty church was an integral part of the Mill Park community Deeds Done Dirt Cheap. Victorians will not forget the of yesteryear and is once again. I would like to thank desalination contract signed under Labor, which Fr Tony Gulev, Angelo, the church committee, local committed us to payments of almost $2 million a day historians and members of the former Presbyterian for 27 years, regardless of whether we use the plant or congregation for such a fitting tribute to the church and not. its people on 19 November, involving both Scottish and Macedonian traditional dancing, music and speeches Contrast that with the Baillieu government, which does from both the past and present congregations. not put a good headline ahead of good policy or good value for taxpayer dollars. We are delivering on our election commitment of a $100 million budget surplus and restoring basic services in difficult economic times.

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Former government: performance learning and extending opportunity to all to help build resilient communities. The model was founded on the Ms McLEISH (Seymour) — The management of principle that talent, leadership and excellence are not taxpayer funds, assets and utilities is a key exclusive to nor defined by demographic and that accountability of an incumbent government. I am opportunity should never be restricted by appalled at the way in which the former government socioeconomic status or postcode. abused that role and instead recklessly mismanaged Victoria’s finances during its 11 years in office. Water A cybersafety initiative established by the Alannah and is a precious resource. That has always been known by Madeline Foundation, eSmart aims to embed those on the land and became more apparent to the cybersafety in the everyday practice of all young wider population during a decade of almost crippling people. The foundation was established in the memory drought. Not strong on planning, the former of Alannah and Madeline Mikac, who, when aged 6 government undertook a series of panic-driven water and 3, along with their mother, were among the projects towards the end of the drought — not earlier. It 35 people killed in the Port Arthur massacre. The went about abusing those in rural areas, as well as the foundation is a national charity with the driving belief taxpayers of Victoria, through projects that it grossly that all children deserve a safe and happy childhood. It mismanaged. is a tribute to Walter Mikac, whose quiet dignity personifies resilience. We have a desalination plant that is significantly larger than it needs to be. Not only has the project been The eSmart initiative was launched by Crown Princess fraught with industrial issues but the costs and the Mary of Denmark, and the occasion was the second on contract are truly outrageous. The plant is going to cost which Prime Minister Julia Gillard had visited the Victorians $23 billion over the next 27 years. Hume Global Learning Centre. The Premier and the Victorians are going to pay $653 million every year for Minister for Education also attended. that time, whether water is taken or not — that is approximately $2 million a day. This means every I congratulate the foundation on the eSmart initiative. I household in Melbourne will effectively pay nearly also congratulate Visy and Jean Pratt for providing food $400 every year for the next 27 years. for Christmas hampers for needy families with children, for aged pensioners and for the homeless in The north–south pipeline was a prime example of a Broadmeadows. white elephant that cost almost a billion dollars. Taking water from drought-ridden areas north of the Great Life Saving Victoria: achievements Dividing Range was nonsensical. When water is plentiful north of the divide it is highly likely that Mr THOMPSON (Sandringham) — I congratulate Melbourne’s water supplies will also be healthy, as they Life Saving Victoria for its hard work and progress this are now. Thankfully the coalition was able to plug the year in setting benchmarks and adopting best practice pipe. Victorians have suffered at the hands of the in preventing drowning. According to the 2010–11 former government’s mismanagement. The lost Victorian drowning report, the number of unintentional opportunities to usefully divert funds to schools, roads, drowning incidents in the period between 1 July 2010 public transport — — and 30 June 2011 was 34. This is the lowest number recorded in Victoria, and it represents a 56 per cent The SPEAKER — Order! The member’s time has decrease since the start of the Play it Safe by the Water expired. campaign in 1998. Another highlight from this annual report is that membership of Life Saving Victoria Alannah and Madeline Foundation: eSmart reached a record high, with 26 000 volunteer members. initiative I acknowledge the great work of the president, Mike Martin, and the CEO, Nigel Taylor, along with Mr McGUIRE (Broadmeadows) — On Saturday, directors, Life Saving council members, life members 26 November, the capital of Melbourne’s north, and the executive management team. Broadmeadows, hosted the Prime Minister and a princess for the launch of the eSmart initiative. The John Nix Hume Global Learning Centre — the manifestation of my Global Learning Village model for building Mr THOMPSON — I pay tribute to Mr John Nix, smarter, healthier and better connected communities — who will celebrate his 80th birthday later in December. was chosen as the site at which to launch the eSmart Following the 1967 grand final between Richmond and initiative as it exemplifies a commitment to lifelong Geelong, which was arguably one of the greatest grand

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Wednesday, 7 December 2011 ASSEMBLY 6127 finals of the modern era, John was awarded life Malcolm Swaine membership of the Richmond Football Club, along with Tommy Hafey and Graeme Richmond. During an Mr SHAW (Frankston) — I would like to eight-year career he played approximately 95 games in congratulate Frankston resident Malcolm Swaine, who the then Victorian Football League, earnt 11 Brownlow was recognised in the 12th annual Ambulance Victoria votes and came third in the Richmond Football Club community hero awards. Malcolm was acknowledged best and fairest competition. John played his first game for his heroic act in saving the life of his neighbour of senior football at the age of 17, having been recruited Albert Huckstepp. Malcolm was visiting his from Gippsland. While working as a policeman in 83-year-old neighbour when he noticed that Albert had Gippsland he coached Sale to two premierships in three slumped down in his chair, was not breathing and was years and won the award best and fairest in the league. in cardiac arrest. Malcolm immediately called 000. He later coached Mornington to a premiership while Following the call-taker’s instructions, Malcolm moved working in Frankston. John has been described by Albert to the floor and commenced life-saving former AFL supremo Ian Collins as the best coach he treatment. On the arrival of the paramedics, Malcolm had played under. was performing very effective CPR (cardiopulmonary resuscitation), and Albert had a return of heart rhythm Children: Take a Break program shortly after. By effectively administering CPR at the time of collapse, immediately calling 000 and as a Mr HOWARD (Ballarat East) — Last week I result ensuring that defibrillation occurred within visited Meredith community house to talk with 10 minutes, Malcolm demonstrated how the chain of coordinator, Joan Brick, about challenges facing the survival can and does save lives. occasional child-care service provided by the house. Child-care services being offered at the Meredith Brian Cunial community house continue to be under threat as a result of the cuts made in the Baillieu government’s May Mr SHAW — I congratulate Cr Brian Cunial, a budget, which will see funding for the Take a Break home-grown local police officer who last month program cease at the end of the year. Users of the became Frankston’s new mayor. I look forward to a service have commented that having access to great working relationship that will see Frankston grow occasional child-care services has made a huge to be a better place. difference to their lives, enabling them to undertake a range of activities which are not possible when they are Therese Hughes-Menzies caring for their children. Similar feedback has been Mr SHAW — I also congratulate 13-year-old shared with me in regard to other Take a Break services Therese Hughes-Menzies, who was recognised in the provided by the Creswick neighbourhood centre and 12th annual Ambulance Victorian community hero the Kyneton community and learning centre. awards for saving the life of a stranger she saw lying Since the cut to the service was announced people face down in the water at the beach. Despite high winds associated with the Take a Break program have making the seas quite rough, Therese jumped into the expressed their concern locally and here at Parliament. water and dragged the man, Nino Deliseo, to the pier, Although federal Minister for Employment where other bystanders helped to pull him out of the Participation and Childcare, Kate Ellis has announced water. This was an outstanding effort which assisted in increased funding for child-care places, the Minister for saving Nino’s life. Children and Early Childhood Development has done nothing to give comfort to the families affected. The cut Returned and Services League women’s to the program will substantially push up costs for auxiliary: 70th anniversary parents who use this service. Meredith community Mr SHAW — On Monday the RSL women’s house indicates that the cost for 2 hours of child care auxiliary celebrated 70 years of women involved with would increase from $24 to $70. This would clearly war and the defence forces. The women’s auxiliary is cause great stress in the Meredith-Elaine area. I am an ageing but active part of the life of the RSL, and it worried about the impact this funding will have on the was a pleasure to be a guest at the celebration. I thank families in my electorate, and I implore the government them for their service. to act now to restore funding.

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Christmas felicitations Victorian Health Promotion Foundation: annual general meeting Mr SHAW — At this time of year when we celebrate Christmas and goodwill to all, I thank all the Mr ANGUS (Forest Hill) — Last week, together staff in an around this building: attendants, protective with several other members of this place, I had the services officers, Hansard staff, cleaners, gardeners, the pleasure of attending the annual general meeting of the clerks, maintenance staff and security — — Victorian Health Promotion Foundation, or VicHealth. It was an excellent event during which the winners of The SPEAKER — Order! The member’s time has awards recognising Victoria’s champions in promoting expired. good health were announced. I congratulate all the award winners. I also congratulate the chair, Jane Police: Geelong region Fenton, the new CEO, Jerril Rechter, and all the staff Mr EREN (Lara) — I was delighted to attend the involved in organising this great event. official opening of the Lara police station on Friday, Forest Hill electorate: Victorian Premiers’ 2 December. It was a fantastic event and one that I was truly honoured to be a part of, considering that the new Reading Challenge $2.5 million station was proudly announced and funded Mr ANGUS — Many students from schools by the previous Labor government. Along with funding throughout the electorate of Forest Hill took part in this that police station, we also made a record investment in year’s annual Victorian Premiers’ Reading Challenge. I police numbers. We recognised that along with a new congratulate all the students who participated and wish station we needed to cater for more police in one of the them well in their future reading endeavours. fastest growing rural areas in Victoria. We showed our community and our police that we were dedicated to Information and communications technology: our police and to the safety of all Victorians. This is in former government performance stark contrast to those opposite. Mr ANGUS — The tabling in this place last month At a community safety forum in 2007 the Premier, who of the report resulting from the Ombudsman’s was then the Leader of the Opposition, said that own-motion investigation into ICT-enabled projects Geelong was crying out for more police. He said at the provided further stark evidence of the financial time: incompetence of the previous state government. Page 4 You would have to have your head in the sand not to know of the report notes: that Geelong needed more police … Each of the 10 projects I examined failed to meet … delivery He also said: time frames; and all ran over budget. The original budgets for these projects totalled $1.3 billion. The latest estimated cost is We identified a shortfall of over 70. We have committed to $2.74 billion — an additional $1.44 billion cost to provide that. government. However, Geelong recently received only eight new What a complete and utter financial shambles! The lack police, and the Premier has refused to answer why he of planning, lack of accountability and lack of would say one thing in opposition yet refuse to follow governance surrounding these projects epitomises through now that he is Premier. Labor’s inability to manage money. Some of the financial disasters that were identified included myki, Gordon TAFE: Science Experience the LINK database, HealthSMART and the ultranet. The Ombudsman noted that on average the projects Mr EREN — On another matter, I was also looked at will have more than doubled in cost by the honoured to attend the marvellous Science Experience time they are finished. This damning report should launch at Gordon TAFE in Geelong. The Science cause all members opposite to hang their heads in Experience program is designed to provide students shame. The previous government should apologise to from years 9 and 10 with an interest in science an all Victorians for its financial incompetence and opportunity to engage in a wide variety of science disgraceful waste of Victorian taxpayers money. activities. It takes place in over 35 universities and tertiary institutions. Participants perform experiments, meet lecturers and go on site visits. It was a great event.

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Wednesday, 7 December 2011 ASSEMBLY 6129

Narre Warren electorate: government its role and acknowledging the work shared between performance local and state governments. I had the pleasure of meeting with many local council youth workers and Ms GRALEY (Narre Warren South) — Christmas managers from around Victoria, and I relayed the ideas is just around the corner, and the residents of my and programs that are operating around the state to the electorate have a wish list which does not include minister. In my electorate in recent weeks I have had anything unreasonable. All the residents of my many contacts via phone and in person regarding youth electorate want for Christmas is the duplication of suicide, a topic that must be looked at with caution but Narre Warren-Cranbourne Road from Pound Road to never ignored, and this topic was discussed on the day Thompsons Road so that people can spend less time of the forum. stuck in traffic and more time with their families; more beds for Casey Hospital so that our fantastic local Recently 3AW facilitated a public-style forum about hospital can keep pace with strong population growth in suicide which looked for positive ways to address the community; the reinstatement of Take a Break concerns related to suicide and to create a conversation funding, cut by the Baillieu government, so that our about it in the community. Not that many years ago community’s occasional care centres continue to serve discussing mental illness was considered taboo. Mental local families who need the service; a reversal of the illness was seen as a weakness rather than what it is in Baillieu government’s decision to cut TAFE funding so reality — an illness. Through community campaigns by that Chisholm TAFE is not forced to cut staff at groups such as beyondblue and through promotions by Christmas; 500 new car parking spaces at Narre Warren all levels of government we are breaking down that station, as promised but not delivered by the Baillieu misconception and telling people it is okay to say, ‘I am government; a toilet and staff at Hallam station — yes, unwell and need help’. a toilet at a railway station, which is not too much to ask — — I do not know the best way to deal with the issues surrounding youth suicide, and I do not have the Honourable members interjecting. answers. I have two daughters who will one day be teens, and I hope that, if they need to, they will be able Ms GRALEY — We were doing that. Finally the to talk to me, my wife or a friend about the pressures residents of my electorate want a reversal of the they feel. I trust that one day we will be able to work Baillieu government’s decision to cut $48 million of with our communities to talk about youth suicide and VCAL (Victorian certificate of applied learning) will encourage future generations to see that it is okay coordination funding so that good education, training to say, ‘I need help’. and employment options continue to be available for our young people. Ivanhoe electorate: government performance

December is the month that Santa Claus visits, but just Mr CARBINES (Ivanhoe) — Merry Christmas to days before Christmas the Minister for Education will you, Speaker. It is a great shame that unfortunately in be making a visit to Narre Warren South P–12 College the Ivanhoe electorate Scrooge is dominating our in relation to his massive cuts to the VCAL program. I area — the Christmas Scrooge of the Baillieu sincerely hope he has some good news to deliver to the government. The second stage of Charles La Trobe college, given these cuts have resulted in a waiting list College is unfunded by this government. The Liberal of 200 for the VCAL program at the college. I think government has refused to fund the Olympic Village this Christmas, however, the Minister for Education campus redevelopment, despite commitments made by will be the Grinch. the previous Labor government.

The SPEAKER — Order! The member’s time has A commitment of up to $750 000 to redevelop Ivanhoe expired. library has been rejected by this Liberal government. No funding has been made available through Youth: suicide prevention Infrastructure Australia to deal with any matters that would make Rosanna Road safe for local residents. Mr BATTIN (Gembrook) — On 28 November I There has been the refusal to enable Rosanna Golf had the pleasure of attending the opening of the Youth Links Primary School to move on from master Affairs Council of Victoria local government forum planning, funded by the previous Labor government. and making a keynote address on behalf of the Minister We have also seen the refusal by this Liberal for Youth Affairs. The event was targeted at government to provide up to $500 000 for Cartledge communicating to local government the importance of Reserve committed by the Labor government. The

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Heidelberg West police station remains closed despite quickly — far too quickly, I would suggest — the denials on the part of this government. We believe in Liberal Party leader, now Premier, and The Nationals Father Christmas in Ivanhoe, but we do not believe in leader, now the Deputy Premier, could not help this Liberal government or this Premier’s commitment themselves but start a campaign of criticism and attack to the northern suburbs. against the former government. They often used the circumstances of people in incredibly vulnerable The SPEAKER — Order! The member’s time has situations as the backdrop for their relentless campaign expired, and the time for making statements has now to score political points against the former government. ended. This campaign culminated in their response to the 2009 Victorian Bushfires Royal Commission final report and the release of its 67 recommendations. GRIEVANCES It is important to remember that the former government The SPEAKER — Order! The question is: gave the bushfires royal commission the widest That grievances be noted. possible terms of reference to examine what it needed to and what it thought was important. The work of the Bushfires: royal commission recommendations commission was powerful and will quite rightly shape how the state will respond to emergencies for many Ms ALLAN (Bendigo East) — This morning I rise years into the future. But what did the now Premier and to grieve for the Liberal-Nationals government’s failure the Deputy Premier do when faced with the choice that to live up to the solemn promise it made to comes with being leaders of their parties and the bushfire-affected communities and all Victorians to community? Did they choose to tread the path of implement each and every one of the responsible leadership, acknowledging the many 67 recommendations of the bushfires royal commission challenges and putting partisan politics aside to work final report and also for its failure to take the actions with the government in the best interests of the necessary to ensure that Victoria is adequately prepared community, or did they go down the road that provided for the fire danger period it is about to enter into. The the political hits, the point-scoring and the undermining government’s action and inaction mean communities of the government and therefore the community’s are dangerously underprepared and exposed. rebuilding? We know the answer, and we need to look no further than the tirade of media releases that spewed At the outset it is important that once again we pause, from the Leader of The Nationals and the coalition reflect and remember the terrible loss of life and the opposition during 2009 and 2010. shattering impact on communities and families that occurred as a result of the fires on Black Saturday in Let us reflect on some of the more choice comments February 2009. It was such a terrible day and such a that were made. The now Deputy Premier said on great tragedy that struck our state. We saw a wonderful 17 August 2009: response from the community, which rallied together and responded strongly. The former government also The Brumby government has a lot to do to convince worked hard in response. As a member of that Victorians that it has learnt the necessary lessons from this tragic sequence of events to ensure a disaster like this doesn’t government, I know we worked incredibly hard, firstly happen again … to support those communities through the immediate response, then through the recovery and subsequent He went on to say on 11 October 2009: rebuilding phase. Tough and difficult decisions had to be made during this time. The government devoted its With the next fire season now imminent, Victorians are now looking to the government for leadership and clear directions. total energies and dedication to the task, as was expected and demanded by affected communities. I can go on. The now Deputy Premier indicated that the next bushfire season is fast approaching and families For a moment let us reflect on the actions of the now living in and visiting high fire-risk communities Premier and Deputy Premier following those terrible deserve to feel safe — sentiments which are shared by fires of Black Saturday, as it is their actions and their all of us but which were played out in harsh political words against which we now judge their performance terms by the now Deputy Premier. On 4 August 2010 over the past 12 months since they have been he also said: responsible for bushfire implementation, response and readiness. In those early days after the fires, as a John Brumby and his government have not done enough to community and a Parliament we all pulled together and protect Victorians from the risk of bushfire … worked together to support affected communities. But

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The coalition also said it would implement each and recommendation, yet we continue to operate in an every one of the recommendations of the bushfires environment where there is no register of vulnerable royal commission. It made this grand and sweeping people in place, abandoning recommendation 3 of the statement before the royal commission handed down its royal commission report. To make matters worse, it final report and before seeing the recommendations of exposes people in those circumstances — people in the royal commission — abandoning responsible aged-care facilities and children in kindergartens and leadership at the altar of political opportunism. What child-care facilities — to risk should there be a fire did it say about those recommendations once the report incident this coming fire season. was released? The now Premier is quoted as saying on 3 August: Recommendation 23 deals with black spot radio coverage. The bushfires royal commission There are 67 recommendations, we accept them and we’ll implementation monitor was critical of the fact that implement them. progress appears to be slow, despite this area being On 3 August 2010 he said: critical to the protecting of human life during fires. It is of great concern that radio coverage has not been The Victorian Liberal-Nationals coalition will implement in addressed by the Deputy Premier in his responsibility government each and every recommendation made by the as the Minister for Bushfire Response, particularly as royal commission. he is reported as saying in the Australia Associated The now Premier and Deputy Premier were emphatic Press on 15 October last year while in opposition: that every single recommendation would be Obviously, when the radios are a fundamental mechanism of implemented by their government. Now, after communication you have to have them operative. 12 months in government, let us look at how their actions in government stack up against those promises Recommendation 35 deals with arson prevention. and commitments to the Victorian community. Their Again the monitor noted the delayed commencement of actions very much fail the test they set for themselves. this important initiative. The commitment that the government made to implement this recommendation The Premier and Deputy Premier promised to was that it would establish an arson prevention task implement all the recommendations in full. There are force. How hard is it to implement a task force? Some many examples of their having walked away from that 12 months later we still do not have the response to commitment, and I will take the house through a arson prevention in place by this government, despite number of examples of that. Last week we saw the the criticisms of the bushfires royal commission reporting of the government’s failure to deliver phase 2 implementation monitor. of the emergency alert system. The Deputy Premier has had the responsibility for 12 months now of delivering Then there is the biggest con of all — that is, regarding phase 2 of this important emergency alert tool. On recommendation 46 in relation to the land buyback 12 October last year, when he was in opposition, he scheme. This was the scheme proposed by the royal said that families in high-risk communities want to commission for a resettlement strategy to be put in know when this new technology will be functioning. place across the state. I acknowledge at the outset that He said that Labor’s dithering was completely this was not a recommendation that the previous unacceptable and demanded action, yet 12 months later government accepted, and we were honest and open we are still without this important protection and had the courage to go out there and say to mechanism for our community. That is a failure to communities that this was not a recommendation that deliver recommendation 1 of the 2009 Victorian we were going to implement and articulated our Bushfires Royal Commission — Final Report. reasons. We were attacked relentlessly for that position by the now Premier and Deputy Premier, but look at Recommendation 3, in relation to the register of what they have done in office — they have vulnerable residents, is one that the bushfires royal fundamentally walked away from implementing this commission implementation monitor was very recommendation. concerned about when he said that it does not appear to have been explicitly addressed by the state. He believes The scheme that has been put in place applies only to that the state should further consider the intent of the those Black Saturday bushfire-affected communities 2009 Victorian Bushfires Royal Commission regarding and only if they are yet to receive a planning permit. recommendation 3 and implement appropriate action With estimates that about 60 per cent of affected people accordingly. We had the implementation monitor have already received planning permits, the number of pleading with the government to implement this people to whom this scheme applies is incredibly small. That undermines the intent of the scheme as envisaged

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6132 ASSEMBLY Wednesday, 7 December 2011 by the royal commission. It wanted a statewide scheme advertising and more time working on what they so that communities that were affected on Ash promised to the people of Victoria. Their neglect will Wednesday, such as those at Cockatoo, in the Otways put lives at risk this summer. and in the Macedon Ranges, could also benefit. The royal commission also had those communities in its Victorians should have no doubt that the state is not as mind when it was making this recommendation, but the ready as it should be for the upcoming fire season, and government has walked away from it. It cannot the Premier and the Deputy Premier are to blame. continue to say that it is implementing all the royal Members should not just take my word for it, let us commission recommendations when the evidence look at what others are saying. The Sunday Herald Sun absolutely flies in the face of the truth. scorecard showed a fail on the implementation of all 67 recommendations of the bushfires royal Furthermore, the government has also failed to put in commission. The Weekly Times also prepared a place actions to protect Victorians adequately from the scorecard, which highlights that the Deputy Premier has threat of bushfire. We have had a lot of commentary struggled to manage his portfolios and that he has about the fact that Fire Action Week was held far too delegated much of the work to other colleagues. late in the year. The Deputy Premier kept telling us to Finally, the Age of 3 November raised questions about wait for grand final day and then to wait for Melbourne the government’s commitment to fully implement the Cup Day, but what we saw while the state was waiting recommendations of the bushfires royal commission. for action from the government on Fire Action Week This is damning commentary on the performance of the was the Country Fire Authority (CFA) out there Premier and the Deputy Premier not just in not progressively declaring many municipalities to already implementing their promise but also in not having the be in the fire danger period well ahead of Fire Action state ready ahead of another dangerous fire season. Week, which was held in mid-November. Fire Action Week is about being ready early; not being ready once As 2011 draws to a close and as another dangerous the fire season has started. This undermined the Victorian fire season commences the Victorian community messaging campaign that the government community has every reason to ask the Premier and should have been taking to the local community. There Deputy Premier whether it is expected to forget their was also the concealment of the underground solemn promises to implement all the recommendations powerlines task force report. The government is of the bushfire royal commission. Why have they failed refusing to release this final report to the community, to take the necessary actions to protect bushfire-prone despite the fact that it is going to mean significant communities? How can we believe the Premier and the additional increases to power prices and the potential Deputy Premier into the future when they have botched disconnection of some rural communities during fire and bungled such an area of great importance to the danger periods. communities and to the state of Victoria? They are legitimate questions, because, like many Victorians, I There was also the walking away from support for the live in high fire-risk area. Every day I see communities CFA by not funding a third Elvis aircrane, not taking their own action, but what we need is leadership. rebuilding CFA stations, mothballing urban fire We need honest, clear leadership from a government appliances and not making sure that the CFA has the that is going to make sure the state is fire ready, to equipment it needs to protect the community. Finally, support our emergency services and, most importantly, the Deputy Premier has completely botched the rollout to deliver on what it promised. The scorecard to date is of the wildfire management overlay maps, which were a fail on that front. meant to help councils and communities have certainty about the risk of fire in the areas in which they live. Information and communications technology: With the release of these maps we have seen buildings former government performance such as the California Gully Primary School, which on Black Saturday was being protected by parents with Ms RYALL (Mitcham) — My grievance today is hoses and buckets, not being included in that wildfire for Victorians due to the burden and legacy they now management overlay. Houses on one side of the street carry as a result of the total incompetence of the former are covered while the houses opposite are not. This has Labor government. In my previous business life I created mass confusion across the community and would occasionally encounter people who suffered again undermines efforts to prepare for the fire season. from what is known as the Dunning-Kruger effect. The only action we have seen from the government to Justin Kruger and David Dunning wrote a research date is some full page advertisements in our report entitled Unskilled and Unaware of It — How newspapers. The Premier and the Deputy Premier Difficulty in Recognising One’s Own Incompetence should be spending less time appearing in government Leads to Inflated Self-assessments.

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In other words, the Dunning-Kruger effect refers to them then and they could not see it, and it is all going those who in the training industry are classified as those on around them now. So inward looking are they, so who are not yet competent, so they make bad decisions, self-focused, so puffed up, that they have no idea of the but who have such an inflated view of themselves that real work that is actually going on right under their they truly believe they are experts. Little did I realise noses — for example, the building of improvements. when I came to this place that there is a political party that has a franchise on the Dunning-Kruger effect, and Building improvements on systems that are flawed is a it is called the Labor Party. recipe for disaster. It is like building a house on weak foundations. You have to go in and assess the What brings me to this judgement? Those opposite talk fundamental problems. What are the issues? How are about the wonderful government they were, how they the foundations? What needs to happen to fix the got it so right for Victorians and for Victoria, how they basics, to fix the foundations? But in the Labor Party’s are the experts and the only ones who know how to rule book you do not assess, you do not identify the govern the state of Victoria, the only ones who could weaknesses, and therefore you build in the name of possibly run the state of Victoria. They sneer, they looking as if you are doing something, which in no time denigrate and they criticise, and they believe their at all ends up actually fracturing the system. It blows 11 years of experience makes them the experts. While out costs and Victorians end up paying much more in 11 years experience does make some people experts, the long run. So in Labor’s rule book, before you build many are not made experts because they have had one on the weak foundations you spend a fortune of year’s experience 11 times over. taxpayer dollars and you advertise for all to see so they think you are doing something, and never mind that the Those opposite clearly only had one year’s experience systems are weak or fractured or breaking. It is the 11 times over because they learnt so little from the advertising that counts, the headlines, the telling people mistakes they made that they repeated them, and they about it, the appearance and not the substance. still do not get it today, even after independent authorities have reviewed major projects, have done I picked up the Australian newspaper this morning and reviews on a range of areas, including the ICT projects, saw the heading of an article by the greatly respected in which they found major shortcomings, massive political commentator and writer Paul Kelly, ‘Why wastage of billions of dollars — thousands of millions Labor is without a clue’. The heading says it all. There of dollars — and still Labor members honestly believe is nothing more to be added; it is a good summary. they got it right. So inflated is their opinion of themselves that they spend all their time criticising the This government is one that does things properly. We very repair work that is being done to fix the problems, assess the foundations, we look at the systems and we to fix the mess that was left behind. are getting back to the basics; we are getting them right. We want to build and make sure that we build and Mr Foley — Bless you! rebuild the infrastructure and services that Victorians want and need. Because Labor is so used to banners, so The SPEAKER — Thank you. used to expensive grandstanding and advertising, this has become the major indicator for it of whether Ms RYALL — Thank you for your blessing, something is being done or not. As I said, it is all going member for Albert Park. on around Labor members and they have no idea.

Mr Foley — On a point of order, Speaker, I think I I am grieving not just about the waste; I am grieving have been severely misrepresented. about the fact that those opposite think their The SPEAKER — Order! That is not a point of performance in major areas is actually commendable, order. The member for Albert Park is wasting the that it is world best management practice. What they set member for Mitcham’s time. was not a benchmark, it was a trench mark. Let us look at where this trench mark has been set. I know that Ms RYALL — Labor Party members criticise the those opposite cannot stand to hear it. You cannot government, saying that all four-year-term election airbrush history; you cannot airbrush 11 years of history commitments should have been implemented by now and say, ‘It didn’t happen, we don’t want to hear about and asking why the government has not done this and it, we don’t want to know what happened’. I want to why it has not done that. These are things that take too make sure it is well and truly on the record because long for them. What they cannot see is that the same more than 4000 million dollars — — thing happened to them in the lead-up to the election. It is all going on around them. It was all going on around Mr Katos — How much?

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Ms RYALL — More than $4 billion has been has been running for nine years and it will only deliver identified by the independent watchdogs as having been an application to 4 of the 10 planned health services. blown by the former Labor government. That is just what has been identified by the independent watchdogs. Mr McCurdy — How many? It is absolutely shameful. The truth has finally surfaced. Victorians now know through the reviews of Ms RYALL — Four of the 10 planned health independent authorities what has been wasted, what services. The Department of Health estimates it will they have truly sacrificed in the way of services and cost up to $95 million to complete the remaining six infrastructure due to sheer incompetence and services. There is a final project cost of around mismanagement — $4000 million that could have been $566 million — an overall blow-out of $423 million. spent on services and infrastructure for every Victorian, The key issue is in relation to the Leader of the thousands of millions wasted on budget blow-outs and Opposition, because he was the Minister for Health cost overruns, like auctions for poker machine licences, when the project went off the rails. He was the one who which denied taxpayers around $3 billion. That was kept signing off on this train wreck. The now Leader of $3000 million that could have been spent on vital the Opposition knew about the problems. He was services. informed about the worsening situation in relation to The Ombudsman’s report found that Labor’s ICT the HealthSMART system and he knew about the cost projects on average will have more than doubled in cost blow-outs, but he kept signing off on the minutes of the by the time they are finished. The Ombudsman also implementation committee. He did not try to rein in the found ‘abject waste’ on projects that never saw the light spending; he did not order a review. This is a massive of day. As the Ombudsman said on page 5 of his report, indictment of the former Minister for Health and his the overall figures are significant. They represent many ability to manage money. He could not implement a forgone hospital beds, trains, teachers, police and child health IT system. There were major blow-outs in terms protection workers, but the Victorian coalition of time and money. Now he wants to run Victoria’s government is doing the work to end this waste, to finances. The simple fact is you cannot trust Labor with ensure that projects are delivered on time, delivered on money. budget and that they benefit Victorian families — in In the Auditor-General’s report of 2007, housing states fact benefit all Victorians. The coalition government in relation to the housing integrated information will continue to make tough decisions to get us back on system: a sustainable financial footing. I will refer to some of these project mismanagements. … it would implement the project by 2008 within the budget of $93 million. The current approved budget is The client relation information system, which was $123.5 million. However, this is under review. called CRIS, had an initial approved budget of That is a potential blow-out of $38.5 million. $22 million. The cost rose by 218 per cent or $47 million. It was not funded by a cabinet budget The costs of the HR Assist project were poorly committee but instead by the Department of Human estimated. Costs were estimated to be $18.345 million Services. Therefore any additional costs had to come in the 2005 business case, but by late 2009 they had from the DHS budget. In Victoria there were funds risen to just over $42 million. The project was six diverted from programs like child-care protection. The months behind schedule. Victoria Police did not have overall project was significantly delayed, did not start the experience to undertake a project of that size and until May 2005 and did not finish until July 2008. It nature. It was poorly structured, and that led to delays was three years late. and blow-outs, including a blow-out of $23.7 million.

The HealthSMART project had an individual budget of In 2009 the cabinet budget committee approved the $323 million and no business case. There was a funding total funding of $45.1 million for the integrated courts submission based on a high-level strategy document. It management system (ICMS). However this — — was due to be fully functional — — Mr Herbert interjected. An honourable member — It was pretty basic. Ms RYALL — I think this was in 2009. The Ms RYALL — It was very basic. It was due to be member opposite might remember that his party, the fully functional by the end of December 2010, but it has Labor Party, was in government then. This in the taken more than seven years to deliver only a partial Ombudsman’s report. It is actually on the record. The implementation of its core application. The program current total budget is now — —

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Mr Herbert interjected. want money for projects’ that they blew it; they blew it by over $4000 million. That is only what we know The SPEAKER — Order! The member for Eltham about from the reports of our independent authorities. will speak next but not now. Labor members should stand up and apologise; they should stand up and say sorry. What we do not know is Ms RYALL — In 2009 cabinet budget committee what has not been uncovered yet. I grieve for all approved total funding of $45.1 million, but it blew out Victorians. to $66 million. It is three years behind schedule, and it is expected to cost another $21 million to complete yet Education: government performance its future is uncertain. The 2004 business case requested $55 million in operating and capital expenditure to Mr HERBERT (Eltham) — It is a great pleasure to complete the ICMS so it can be across all Victorian speak in the grievance debate. I particularly want to courts and tribunals. But where has the money gone? grieve — and I genuinely grieve — for the state of Who knows where the money has gone? The former education in Victoria under a Liberal-Nationals government blew it and then blew it again. The cabinet government. Education, training and skill development budget committee approved only $45.1 million. that gave kids a hand up and set up our industries and skills base used to be a priority in this state, but There is the LINK police database — I could go on and unfortunately it is not a priority under this government. on — myki and the poker machine licence auctions. In the last year we have seen this government slash Who was on the subcommittee dealing with the poker $480 million from the education budget, halve the machine issues? capital works programs in schools, slash $48 million from the highly successful Labor VCAL (Victorian Mr Shaw interjected. certificate applied learning) program and recently cut Ms RYALL — It was the current Leader of the $250 million in TAFE funding. Opposition. He is a former Minister for Gaming, but This litany of cuts is having a shocking impact right the actual minister at that time — — across the state, with schools crying out for Honourable members interjecting. long-overdue capital works. Principals are having to rob Peter to pay Paul in a desperate effort to keep their The SPEAKER — Order! Government members! VCAL programs going. Reading Recovery programs are highly successful and crucial programs for, often, Ms RYALL — The Minister for Gaming at that very disadvantaged communities. They have been time was the former member for Mitcham. Large venue scrapped, at least in the north, and probably right across operators ended up getting the main windfall, and the state, and TAFE colleges have been forced to sack Victorians did not get approximately $3 billion, which hundreds of staff and get rid of hundreds of contracts is $3000 million. Do members remember the ultranet in right before Christmas. Those people are out on their primary schools? own.

Mr Foley — It was in all schools, you dill. This government has had a dismal impact on the vocational and training sector. Whilst we grieve for Ms RYALL — It was in all schools, but I TAFEs and other training providers who are struggling particularly remember speaking to primary schools in to deal with deep cuts to their budgets, we are also relation to this. A training day was organised in relation seeing evidence of rorts in the training sector. to the ultranet, but it did not happen. This was just a Legitimate training providers are struggling with the symptom of the continued poor planning, poor consequences of the government’s inept handling of the management and poor budgetary management that move to a national regulator of the vocational and forced a general downfall. I have developed software in training sector. my lifetime, and I know that getting it right up front is very important. You do not roll it out simply because A particular concern is the growing cash-for-training you want a banner or a headline. You do not roll it out scandal. Victorian taxpayers are seeing their hard-earnt because you want to be seen to be doing something. money being rorted by dodgy training providers. You actually roll it out because you know it works and Quality providers which provide high-quality skills you know it will provide what it needs to. training are being undermined by these dodgy training schemes, and, sadly, dubious training providers are Labor members should understand that every time they taking advantage of sports clubs, community groups expect funds and stand up in this place and say, ‘We and their members to make a quick buck. The only

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6136 ASSEMBLY Wednesday, 7 December 2011 beneficiaries are the bottom feeders in the training offering free business management courses twice a sector who are taking advantage of a lack of proper week at certificate IV level, each worth $3500. The regulatory quality control in this industry to cash in course is free and runs two nights a week for 10 weeks without providing thorough, proper training programs. at the fire brigade, which is less than a tenth of the 700 We heard members of the previous government to 1000 publicly funded hours which typify a course at promise in opposition — as they promised so many this level and well below the 480 hours ANIBT things but did not deliver — stronger regulation of the advertises on its website. training sector, and we have seen that regulation and that quality assurance plummet in 12 months under this What ANIBT does not say in the advertising material is government. that if members do one of their training courses, then those people will not be able to claim government We are seeing publicly funded training providers funding for any future training course equivalent to offering dubious cash incentives to sporting and certificate IV or below. As we know, the Victorian community groups which sign up large numbers of training guarantee supports upskilling, so people members to dodgy training programs. These training enrolling in a training course will not be eligible for programs are being used as fundraising opportunities government support for any further training equivalent for vulnerable clubs and their members who see a to that level or below. What ANIBT does not tell chance to quickly raise some money for their clubs. As people is that they are jeopardising their future training everybody knows, sporting clubs and community options by taking part in the scheme. organisations always need to raise money and be on the lookout for fundraising opportunities — and there is In the ANIBT information that Narre Warren CFA nothing wrong with that — but unfortunately they can gives to its members the emphasis is clearly on the be in a vulnerable position in relation to opportunistic profit that can be made. In fact reference is made to training providers, who are using them to sign up large nearby clubs earning $80 000 from a similar numbers of members to state-funded training programs arrangement. This is just the tip of the iceberg. It is but are offering only short, cornflake-packet training. clearly a widespread practice, and it appears that rorting is occurring across the system with dodgy providers Basically clubs have been offered as much as $1000 for offering cornflake-packet qualifications, making huge each successful applicant they sign up, with a $500 profits and getting paid for the hundreds of hours of incentive for individual students via a so-called training they do not deliver. These providers appear to education scholarship. The Minister for Higher be ripping off the public purse, ripping off vulnerable Education and Skills recently raised this issue in clubs and ripping off quality training providers who relation to one particular training group identified in the spend their government-funded training dollars on media as Vocational Training Group. As a result, VTG high-quality skills training, not on bribes to clubs. is being audited, state government funds have been withdrawn and the Victorian Registration and The minister has belatedly taken some action to address Qualifications Authority (VRQA) has been alerted. the rorts being carried out by VTG, but the VRQA Whilst this is a welcome move, and I commend the investigation needs to go much further. Firstly, I ask the minister for it, I believe it is just the tip of the iceberg. minister to investigate the operations of ANIBT to see whether that provider should also be closed. Secondly, Since the bungled negotiations in April over the more is needed. The minister needs to instruct the introduction of the national regulator, the Australian VRQA to conduct a widespread investigation of Skills Quality Authority (ASQA), Victoria has been in publicly funded training providers which are offering regulation limbo, with national regulators being set up these dubious cash incentives to sporting and and regulating some training providers and the much community groups and clubs who sign up large diminished VRQA regulating others. In this state of numbers of members to short, cornflake-packet limbo a lack of resources for quality assurance and training. Further, I call on the minister to outlaw this proper investigative services has enabled this cash-for-training scandal and practice so legitimate cash-for-training scandal to spread. training providers can be protected and legitimate training qualifications guaranteed. Now, barely a week since the VTG operation was revealed, another provider has surfaced. The Narre What we are seeing is opportunistic training providers Warren brigade of the Country Fire Authority (CFA) running amok while this government has been caught advertised a deal for its members. It is being offered by napping in its negotiations over training regulators. It another training provider, the Australian National has been caught napping and is living in a dream world. Institute of Business and Technology. ANIBT is The issue here is quality regulation and the

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Wednesday, 7 December 2011 ASSEMBLY 6137 government’s abysmal efforts at negotiating with the Treasury economic rationalists who do not know what federal government over the introduction of a national they are doing and know nothing about education and regulator, ASQA, in April this year. We are seeing a say, ‘Slash and burn these crucial programs’? As the dog’s breakfast, with some training providers being member for Preston has said, how can they sleep at regulated by the national regulator and some by the night? How can anybody on that side sleep at night state regulator, and what is worse is we are seeing the knowing that what they are doing is having devastating VRQA’s resources being diminished. This has left the consequences for the opportunities available to many field open for opportunistic fly-by-night schemes such young people in this state? as the ones we are seeing pop up all over the place in Victoria. The VCAL cuts amount to $48 million — that is, $12 million a year. I know government members say, In his response to a question in the other place about ‘We are not cutting the program; we are only cutting schemes such as that run by VTG, I note the Minister the coordinators’. They are only going to cut funding for Higher Education and Skills said the fact that this is for the people who put the program together — the occurring ‘validates’ the government’s response to the ones who ring up the industries and get the job Essential Services Commission recommendations on opportunities for kids, the ones who pick up the phone increasing fees and reducing funding for the vocational and provide the counselling and the ones who pull education and training sector. What rubbish! Surely the together this complex package! Government members minister does not believe that punishing legitimate are saying ‘That does not matter’. Of course it matters. training providers, and in particular our TAFE colleges, There are now 20 000 students in this state doing for his own lack of rigour in closing down rorts is an VCAL, and it has taken quite a few years to build up to appropriate response. What an insult to TAFE, and that number. The program is growing, and it is getting what a shameful policy position for any government! recognition. Schools have organised how they will do it. They are constantly liaising with industry and the In using the recommendations as a Trojan horse on the community and providing real work experience for issue, the minister is simply trying to cover up the young people at senior levels. These kids are getting impact of his cuts on TAFE. There have been massive opportunities. cuts to TAFE and a slashing of funding for training, which is reducing training quality and inflicting great This situation is not to be taken lightly, as the member pain. We see that there is a whole heap more to come in for Prahran seemed to be doing earlier. It means that that ESC report, which will devastate much of the 20 000 kids simply will not have the opportunity to do quality training in this state. Instead of inflicting the the Victorian certificate of education. They are not dreams of dry Treasury economic rationalists on the interested in academic subjects; they want to do trades, training sector, the minister should be standing up for it, and they want to do vocational courses. We need them rejecting the devastating training cuts and closing down to do those vocational courses so that the skills the rorts which undermine the viability of quality shortfalls in our industries are covered, but what are we providers. This is a sorry tale. We are seeing the seeing? We are seeing the government slash VCAL. vocational training and skills industry, which is staggering under a burden of funding cuts, rorts from Equally as bad, if not worse, we have recently seen the bottom feeders in the industry and inadequate Baillieu government cut $100 million from the Reading regulation of the industry. Recovery program, hitting the most vulnerable and needy students in the system. That program is yet These rorts and funding cuts come on top of a whole another victim of the government’s $480 million worth range of cuts to other parts of the education sector. We of cuts. These cuts are outrageous and prove that a should mention the first one — that is, the $48 million Liberal government, as we all know, does not care cuts to the VCAL program. about education. I remember listening to the rhetoric of the then opposition education spokesperson, now the Mr Scott — How do they sleep at night? Minister for Education, about the need for literacy and numeracy skills to improve. What does he now do? Mr HERBERT — It is true. As the member for Within a year of getting into government he slashes Preston says, how can they sleep at night? How can funding for literacy and numeracy in this state. It is an these ministers who fail to stand up for their portfolios absolute disgrace, and there are undoubtedly more cuts and the people they are supposed to protect — the most to come from a government that does not care about disadvantaged, young kids who need an education and education. older people who need a second chance to get on the road of success — when they just kowtow to the

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The Minister for Education visited my electorate of Back in 1988, when I was an accounting student at Eltham the other day. He visited many schools, along Chisholm Institute of Technology, which is now part of with what seemed to be an unlimited parade of Liberal Monash University, there was a State Bank of Victoria members. I think one of the members for the Northern ad on TV which used the slogan ‘It’s your money, Metropolitan Region in the other place, Mr Ondarchie, Ralph’. The ad finished with the words ‘We never came to visit a school last week that was not even in his forget it’s your money’. That was supposed to give us electorate. I am not sure whether that was because confidence that the banks were looking after our money Eltham is a marginal seat or because we have fantastic and we could sit back at night and say, ‘It is as safe as schools there as a result of proper funding and proper houses; it is in the bank, and that is pretty good’. ‘It’s programs provided under the former Labor your money Ralph — we never forget it is your government. A parade of Liberals came to my money’. A couple of years later, where was the State electorate throughout last week and had a look at these Bank? Those guys over there cannot even manage a fantastic schools which were built up under Labor and bank. That was a profitable financial institution, but which are doing a great educational job. The Liberals those opposite could not even manage a bank. could learn a lesson about how you run an education system. If you provide the money and the support, Let us turn to the Ombudsman’s report. The findings of schools will provide quality education. that report are not surprising when we look at this opposition. Where are they from, those in opposition? It is a pity, though, that the minister, who unfortunately Every backbencher on our side comes from a small is not here, did not visit the one school that really wants business background. We put our money on the line. to see him — probably the only school that really wants We employ people who quite often get paid more than to see him — and that is Montmorency Secondary the owners of the business. We work long hours, we do College. This is a fantastic school with terrific not get overtime and we do not have a union there programs, growing numbers of students and really saying, ‘Your conditions are wrong’. No, the unions get innovative programs. It has just had a brand-new the whip to the employers. $3 million basketball court installed, and it has new centres for students. It is a school on the move, but it is These guys on the other side are like people with a a school that needs to be rebuilt. Under Labor it was credit card; they are spendthrifts who squander money. going to be rebuilt at a cost of $9 million. It was They go out and buy the glamorous dress for the races, identified as one of the top three schools in the state to and they never wear it again. They get the photo be rebuilt because it has great programs. It desperately opportunity, and they never wear the dress again. It wants to see the Minister for Education. goes back in the wardrobe and is forgotten about. We can pinpoint a number of big projects that that has The Minister for Higher Education and Skills, who is happened to. The north–south pipeline is one. ‘Here we also the Minister responsible for the Teaching go — let’s get a photo opportunity. Let’s turn on the Profession, said he would try to get the minister to water, and let’s have it come out’. But $750 million come and visit the school, but even though most other later they say, ‘Thank you very much’. Do we need it? schools in the area were visited last week by the They turned it back off. minister he did not dare go to Montmorency South Primary School. I take this opportunity to invite the It is not surprising that over here we have some minister to come and have a look at the school and the business smarts. We have a Treasurer in the house who plans it has. That could be the final jewel in the crown is an accountant, whereas before we had a Brumby and for the Eltham schools legacy, and for once the Liberals a Lenders. Who would get a budget done by a Brumby could have a little bit of a go at fixing up education or a Lenders? You would not; you would go to an there. accountant to have that done. It is not surprising because what are the backgrounds of those on the other Former government: financial management side? They are electoral officers, they are office managers of unions, they are occupational health and Mr SHAW (Frankston) — I believe one of the roles safety officers and they are union organisers. It is no of government should be to protect the state’s financial surprise that this damning Ombudsman’s ICT report interests. What I want to talk about today are the lost comes out and says, ‘Squander, squander, squander; opportunities over the past 11 years, especially in view fail, fail, fail’, in relation to the miserable times we have of the damning Ombudsman’s report entitled Own had. Point 16 of this report states: Motion Investigation into ICT-enabled Projects. The overall figures quoted —

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Wednesday, 7 December 2011 ASSEMBLY 6139 that is, an over $1.4 billion blow-out — A lack of leadership was another common thread that came through. There was poor expertise in all things, … are significant. They represent many foregone hospital including financial matters, and there were poor beds, trains, teachers, police and child protection workers. decisions and poorly developed business cases. We heard during notices of motion from the member Similarly there were their counterparts in federal for Eltham and from Frankenstein from Niddrie, who government in relation to the NBN (national broadband were screaming out about VCAL (Victorian certificate network). The federal government sprouted $42 billion of applied learning) funding, saying, ‘We want more for an NBN, and there was no business case. Let us money for VCAL funding!’. There is lots in here; there look at the history. If the federal government said the is $1.4 billion that could have been utilised for the type NBN would cost $42 billion, and if it said that when of stuff they are crying out for now. They are Kevin Rudd was Prime Minister — — whingeing about VCAL and they are whingeing about the nurses, but they never apologise for these items that Mr Angus — It’ll be double that! came through the ICT report, which I am now about to Mr SHAW — That is exactly right. The point I am touch on. The members opposite are unrepentant with getting to is that when federal government members regard to that. Not once have we heard them say to quote a figure, it is never going to stick because Labor Victorians, ‘We are sorry’. cannot manage money. Labor cannot manage our The Ombudsman’s report lists 10 projects, including money, our children’s money or the money of our LINK, for Victoria Police; myki, for the transport grandchildren. The desalination plant, which I am going system; HealthSMART, through the Department of to touch on, is going to cost nearly $2 million a day for Health; and registration and licensing. the next 28-odd years, which is well past the retirement age for most of us. The children up in the public gallery Honourable members interjecting. are going to be paying that for the next 28 years. We can thank a current shadow minister for that, can we Mr SHAW — I will be talking about that very not? We can thank the member for Lyndhurst for that. shortly, but out of the 10 projects, I just want to touch Well done — that was well delivered! Based on a belief on 3 or maybe 4 if there is time. Out of the 10 projects that it was never going to rain again, the former examined, all failed to meet their targets in dollar terms Minister for Water decided to build a desal plant. What and in relation to their schedule. That is 10 major a joke! I remember a poem that was written 100 years projects. To my backbench colleagues on this side of ago — ‘of droughts and flooding rains’ — and we still the house, who are small business people, I ask them to have that now. We have droughts and we have flooding imagine 10 major projects for which they overbudgeted rains. Welcome to this blessed country of Australia — and did not deliver on time. We would be broke and out that is what it stands for. of business — but not so with these spendthrifts, the members opposite with the credit card. They got out the The other common theme identified here is poor project credit card and just kept going. They say they ‘never management. When it came to funding — like the forget it’s your money’. That definition has changed, person with the credit card who goes out and buys the and they now spend it. It is no comfort to us that they really expensive dress and gets a photo opportunity at never forget it is our money. the races — the former government members looked for the most glamorous project. Add a few more zeros On average, these projects will have more than doubled to the end of that credit card, and they would say, ‘Let’s in cost — if they are finished at all — and 20 per cent get a new ticketing system — that sounds really good!’. will be over triple their original budgets. Let us explore why this is the case. In relation to common themes, the Honourable members interjecting. Ombudsman says that generally these issues are not new. They are not new, so it is not like these guys woke Mr SHAW — A colleague asks what was wrong up and said, ‘We made 10 mistakes’. The Ombudsman with Metcard. I am not too sure, but what did the is saying that this is not new; he has reported on these former government members do? They said, ‘Let’s go types of issues before. Did the members of the previous and get a new ticketing system’. In relation to the myki government take note of what the Ombudsman had system, it is very interesting to note that out of the six said? They said, ‘No, we are not going to take note’, tenderers, the former government picked the one that because it is in their DNA. It is in their gene pool — had no experience. It had nothing to which it could they waste money. point and say, ‘Here is a project we have done’ — and guess what? The other five could do that. Guess who the Minister for Public Transport was at that time!

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Honourable members interjecting. quite smart’. I said, ‘How do you mean?’. They said, ‘What they do is get us into huge debt, because of their Mr SHAW — Actually I do not know who it was at manifesto, then we — the public — are reliant on the the time, because the former government had many government. When they regulate us to the max, when ministers for public transport. Yet throughout our they tax us to the max, we have to rely on the whole time in opposition the Liberal Party had one government’. That is what they want from us, whereas shadow Minister for Public Transport — that is, our we on this side say, ‘No. We want less regulation for current Minister for Public Transport, Minister Mulder. small business’. People in small business say, ‘Get out He has outseen the four or five ministers who stuffed of our way, get out of our hair and we will run business up during the previous Labor government — for the way we want to run business’. These guys say, example, with the myki system, which went from ‘Regulate and regulate, tax and tax, spend and spend, $1 billion to $1.35 billion. As an accountant, I looked at debt and debt’. They cannot manage money. those figures and I had never seen a business that turns over that much. My pay packet is definitely nowhere Let us turn now to HealthSMART. Do members know near that amount, and small business owners know that who was the minister at the time it was introduced? It we do not get paid as well as that. But at a total of was the member for Melbourne, who is in the house $1.35 billion, was equivalent to being 35 per cent, or today. She was the minister responsible for $350 million, over budget on a ticketing system which HealthSMART at the time it came through. The has been delayed for years and which it still has not got member for Melbourne is probably one of the more right. And we do not need it! That is the genius of these repentant ones, because she has not spoken much this guys. But hang on, let us get out the camera; let us take year; she has spoken only eight times. She has been a the photo of the expensive dress, and then let us shelve bit silent, but she is probably a bit more repentant than it. these guys here. Do we not wish that back when she was the Minister for Health she had spoken on fewer One solution that was offered was that the former occasions as well, because it would have saved government should have looked at state-of-the-art, tried hundreds of millions of dollars? and proven systems — that is, to not be the big wig that goes out there and invents a new system. Yet Labor HealthSMART was approved in 2003. It was a strategy Party members love that, do they not? They go out to for ICT in the health sector, promising a transformation the world market with a federal issue and say, ‘We are of the way in which technology would be used. It going to introduce a carbon tax’. Nowhere else in the sounds pretty good, and it was expected to be fully world has such a system, and it is going to do nothing implemented by June 2007. for the world environment. It is going to do nothing at all, but they go out as the big leaders with an untried An honourable member — When? and unproven system. Out they go as the big leaders of the community — the big leaders of the world — yet Mr SHAW — It was expected to be fully here we are, with 2 per cent of the world’s population. implemented by June 2007. It was to improve the No-one gives a stuff about us, and there they are out on health-care sector, make it more efficient and manage the world stage saying, ‘Here we are; follow us’. We resources better. That is a really honourable objective. are the joke. The original cost was around $323 million, then another $104 million was thrown at it, but now the system is We have the NBN, which has no business plan. We overdue some $566 million later. Why is this? Once have the carbon tax, which is supposed to save us all. again the same things come through — poor planning, We had the pink batts and we had GroceryWatch, but delays, and resistance among user groups, as well as its what about the mining tax? It is said of the Left, the being overambitious. There it is. Former Labor socialists over there, that if it moves they tax it, if it government members were not just going to buy the continues to move they regulate it, and if it stops $500 dress; they were going to buy the $50 000 dress, moving they subsidise it. That is the communist put it in the closet and never use it again. manifesto of those over there. It is exactly what those HealthSMART is late; it has been delayed and it has socialists over there do: they bring down business, involved overspending. It is in their DNA — they waste which is at the forefront of the Australian economy. For money. those on our side of the house it is very important. In government, do you want a charismatic leader? Not I used to think that members of the Labor Party were necessarily; you want a leader who can manage money. stupid. My view of them has not changed much from These guys cannot manage money; there were 11 years that, but someone said to me, ‘No, they are actually of failure. From prep to year 10 it was a fail every year.

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They should have stayed down in prep. Who else was for the Liberal Party’s state branch treasurer. There was Minister for Health during that time? Who took over no need to discuss these matters with Gerry Harvey and from the member for Melbourne? It was the member his wife, Katie Page. There was no need to inform the for Mulgrave, the now Leader of the Opposition, who chairwoman of Flexirent, Margaret Jackson, that the signed off on every single thing. He knew the failings company was going to guarantee the Australian of the system but kept going. Despite the massive Broadband Guarantee adventures of Mr Abercrombie. blow-outs in HealthSMART, he said, ‘Trust me with the finances, please’. The guys over there do not know Today I also grieve for those shareholders who rely on how to manage. It is simple. They were union officials, the Australian Securities and Investments Commission not small business people. They do not put their money to protect their interests — the shareholders who on the line. They put our money on the line and they believe that ASIC will chase the scoundrels who misuse never forget it is our money. Do not be comfortable information to undertake insider trading. I grieve for with that — — those shareholders who believe every insider trading case should be properly investigated and, if required, The DEPUTY SPEAKER — Order! The prosecuted irrespective of the financial resources of the member’s time has expired. perpetrator. Lastly, I grieve for the open, honest and accountable government promised by the Baillieu Liberal Party: fundraiser conduct government. It is not there, as we know.

Mr DONNELLAN (Narre Warren North) — Since I want to talk about the interesting sale of Digital River we are talking about money, that is probably an Networks Pty Ltd (DRN), including Amcom, which appropriate segue to my grievance. I grieve today for was the company that some time ago was the subject of the fundraising operations of the state branch of the an Age article about insider trading. It was a very fishy Liberal Party, and what I want to talk about are the new exercise in which current and former office-bearers of fundraising adventures of the Liberal Party — the high the state branch of the Liberal Party were involved. tea and the low tea. If you have the high tea you get When Mr Abercrombie initially purchased an interest interesting cocktails and you get to sit with the minister. in Digital River Networks, before he destroyed the If you have the low tea you get to sit with the plebs and minority shareholders’ interests, a desktop audit was you get the crappy cocktails in the time-honoured undertaken by Ian Carson of PPB. That was highlighted tradition, but you do not get to touch the honoured ones. in an email which was sent by one executive to another, You get to touch the honoured ones only if you pay a and said: high fee. Guys I want to talk about the chief fundraiser of the Liberal See email from Drew — Party, Mr Andrew Abercrombie, the party’s state treasurer — serial abuser of minority shareholder who is Andrew Abercrombie — rights; insider trader, as highlighted in the Age; friend and appointee of the Premier; and an individual who below. DD — has not taken action against the Age even though he that is, Digital Dimension Data — maintains the claims of insider training are not true. The latter is rather interesting, because they were pretty refers to due diligence people from PPB — blatant claims. He made blatant threats, and at the end of the day he is not short of a quid and could undertake that is, Ian Carson’s PPB. a case for defamation. He is also a recidivist abuser of his position as a major shareholder and a long-time user So they undertook a desktop audit of the company of services of Ian Carson and PBB Advisory — before Mr Abercrombie took an interest in it. Mr Carson being the former president of the Liberal Mr Abercrombie was talking to major companies Party and a well-known offshore tax specialist. which purchase services from Digital River Networks, I also want to grieve for the shareholders of Harvey and made an assessment of the value of the company. Norman and the executives of Flexirent, who work with Ian Carson was involved in this exercise — in Andrew Abercrombie. Little do they know that their Mr Abercrombie’s undertakings in DRN — from start balance sheets have been offered up as collateral for to finish. When the company was finally sold for a Mr Abercrombie’s Australian Broadband Guarantee bargain basement price — that is, Digital River adventure, as was done in Canberra. That is interesting. Networks to Vocus — Mr Carson was identified by Promises of debt guarantees were all in a day’s work Mr Gary Tescher as the person who was undertaking

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6142 ASSEMBLY Wednesday, 7 December 2011 the sale. Mr Tescher is a gentleman who has previously raising of the capital and the sale of Vocus were been mentioned and who assisted Mr Abercrombie actually Pattersons, and they said in relation to this sale: with this exercise from start to finish. We believe the cost to build a network with similar key CBD What we have are a couple of dodgy characters locations (such as Collins Street in Melbourne) would be much greater than $3.95 million acquisition price, let alone involved in the initial investment by Mr Abercrombie considering the time delay to get approvals and perform the in Digital River Networks and also in its sale. Along the build. way the interests of minority shareholders were abused and various people involved in the sale behaved This is stockbrokers saying it was sold very cheaply. improperly. I will go to specific references. Gary Tescher was temporarily appointed a director of Digital We also have the Register in the UK, which can smell a River Networks to undertake the sale of Digital River rat kilometres away: Networks to Vocus. Gary Tescher was the same person Troubled dark fibre provider Digital River has been acquired who in Promentor was involved in pretending he was by Vocus Communications, giving the Australian wholesaler an executive, along with others from the ANZ bank, to nearly 60 km of operational fibre in Sydney and Melbourne at trick executives in Digital River Networks into the bargain basement price of A$3.95 million. releasing information. What we have here is Gary Tescher, who was I will read an email from Gary Tescher to Andrew temporarily put into Digital River Networks as a Abercrombie: director, possibly illegally, undertaking a dodgy sale for Mr Andrew Abercrombie, who is the chief fundraiser Prakash, Greg and I have agreed on the following strategy. for the Liberal Party. We have various abuses of minority shareholders’ rights, and we have Gary Work will commence upon receipt of a signed engagement Tescher — he must be the Ken Bruce of telco sales in letter. Australia, because he sold one so cheaply it has even We will advise Brian [being one of the executives] that I am been picked up in the UK — being appointed a director acting for a potential purchaser of Digital River. This will temporarily to allow Andrew Abercrombie to get away give us ‘Free access’ to all of the information we need and with this dodgy sale and then being removed from the also will not alert Brian as to what we are up to. Clearly a purchaser will need full and complete disclosure of all board a little while later. information to make an informed decision. Unfortunately what we have is those minority Another gentleman from Promentor, apart from Gary shareholders in Digital River Networks being cheated. Tescher, was Mark Hudswell: Vocus never undertook a desktop audit of how many assets it was actually buying in Digital River Networks. I’ve been thinking about what we want to achieve regarding their hard drives and one thing to consider is that they may be If I were in a publicly listed company, I would want to using laptops for all their personal work or that being a be confident that Vocus actually undertook an audit to storage company they may have all their information stored see what it was buying, but my suspicion is that they on local servers which they could then access from were working in cahoots or they might have had insider anywhere … Their use of a sole desktop machine is unlikely. information from Digital River Networks about what These two gentlemen from Promentor had previously was actually going on. They might have known there been caught pretending they were from the ANZ bank was actually 86 kilometres of fibre network, not the to try to trick other executives in their company so they 60 kilometres of fibre network that was listed in the could find out information. God only knows what they Pattersons report. We have a person like Gary Tescher, were up to. We have a letter here from the ANZ bank who is of ill repute, being put on and off a board to do a which very clearly states to the chairman of Digital dodgy sale on behalf of Andrew Abercrombie. I will go River Networks, Brian Evans: back again to a previous — —

In your letter you mentioned that ANZ asked for a due Ms Ryall — On a point of order, Deputy Speaker, diligence from a company called Promentor. I wish to advise there are a lot of assumptions being made here. My we never asked for a report from Promentor; moreover, I point of order is that perhaps the member should stand have never heard from the company prior to receiving your on the front steps of Parliament and say those things. letter. In other words, we have a couple of people that I The DEPUTY SPEAKER — Order! That is not a consider to be of dishonourable repute involved in the point of order. sale of Digital River Networks to Vocus, a publicly Mr DONNELLAN — This member does not have listed company. The people who were involved in the bright shirts like the member for Mitcham in which to

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Wednesday, 7 December 2011 ASSEMBLY 6143 stand out the front like that. This member would be friends of the Premier have been involved in serious very subtle in comparison. and questionable behaviour. In relation to the sale of Digital River Networks to Vocus, serious abuses of I want to go to another situation where Andrew minority shareholders’ rights have occurred, and the Abercrombie was involved. It was a meeting with Australian Securities and Investments Commission has senior executives for digital broadband from the federal still to properly and fully investigate these activities. Department of Broadband, Communications and the Worse is that when ASIC did investigate some of these Digital Economy. I want to actually talk about the activities it breached its own whistleblower protocol Australian broadband guarantee, which Digital River and returned some of the documents from one of the Networks, Andrew Abercrombie and others were trying whistleblowers in relation to the activities of to get involved in. At this meeting, Mr Andrew Mr Abercrombie to the accountants who undertook this Abercrombie actually indicated to senior federal work for Mr Abercrombie. Unfortunately ASIC has departmental people the following: that he was the acted incompetently in relation to the initial insider major shareholder of Digital River Networks, which is trading case and the sale of Digital River Networks to true; that he was the major shareholder of Flexigroup, Vocus. which is true; and that he managed the Harvey Norman account. I do not know what that was supposed to At the end of the day there is a serious question here mean. about whether these are the appropriate people to head up the Liberal Party’s fundraisers. We know the Liberal What was most interesting was that he guaranteed the Party has terrible difficulty putting in basic returns. We financial viability of Digital River Networks and the know people who ran against me in the last election ran support of Harvey Norman and Flexigroup for the the Berwick Ranges 500 Club, which had not put its Australian broadband guarantee funding application by returns in for two years. We know Business First had Digital River Networks. I am sure that people like not put its returns in for two years. I would have Gerry Harvey and Katie Page, who are the chairman thought that if you do not have the capacity at head and CEO of Harvey Norman respectively, and also office to put in these returns, you would not want possibly Margaret Jackson at Flexigroup, would be someone like Mr Abercrombie or Mr Carson or people quite concerned that the assets of those companies were like that heading up your fundraising. They are being guaranteed as leverage for the undertakings of obviously not able to behave appropriately in their Mr Abercrombie and Digital River Networks in relation corporate activities, so you would have to question to the Australian broadband guarantee. why, when they cannot appropriately — —

What actually happened was that the federal The DEPUTY SPEAKER — Order! The government made an assessment that there was no cash member’s time has expired. in this business — that Digital River Networks did not have a lot of cash. The federal government did an Murray-Darling Basin: federal plan individual assessment of Andrew Abercrombie and found that all the money was actually kept offshore and Mr WELLER (Rodney) — It is with concern that I came back through offshore trusts. I am an old tax rise to contribute to the grievance debate. I grieve for expert, and that deal is fair enough. However, it is the communities of northern Victoria given the release concerning that we have an individual who believes he of the draft Murray-Darling Basin plan, which proposes can use the financial capacities of Harvey Norman and to take another 2750 gigalitres from productive use to Flexigroup to undertake an endeavour in the Australian flush down the Murray. The Murray-Darling Basin’s broadband guarantee. It appears that each time this has website reads: occurred, two senior members of the Liberal Party’s There is widely held agreement that we need to change the fundraising adventures have been involved in what way the basin is managed. Governments and communities all appears on the face of it to be serious breaches of acknowledge that the Murray-Darling Basin must be returned securities and like laws. We have someone misusing his to a healthy, working condition if it is to have a sustainable position as a major shareholder and abusing the and productive economic future. minority’s rights. That is a motherhood statement. It goes on:

We know that Michael Kroger made an assessment that Our use of the water in the basin has changed how the rivers this person was not fit to stand for Parliament. Michael flow. Kroger made a proper assessment. Unfortunately the Premier did not and actually supported him all the way I could not agree more — it has! There are plenty of to being the state Liberal Party’s treasurer. These photos of the Murray showing it was actually dry in the

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6144 ASSEMBLY Wednesday, 7 December 2011 early 1900s. There are pictures of Sir Ronald East, the Murray. To say that the river red gums are dying is chairman of the State Rivers and Water Supply another lie. Commission, standing at Swan Hill on the bottom of the Murray, which had no water in it. The flows have As far as native fish numbers go all you have to do is changed, and there has been more water in the river talk to any of the fisherman to find out that there are far since the dams have been built. more cod, yellow belly and even catfish being caught in the river — and released — than there were 40 years The website goes on to say: ago. What we need to acknowledge is the problem that carp cause. Carp were an environmental problem and These changes … have lead to increases in salinity … still are. They cause more damage to the Murray than Let us have a look at the facts. The salinity levels at has been caused in a long time. Morgan in South Australia ran at over 800 EC All that is a given, and I have pointed out where it is all (electrical conductivity) for 42 per cent of the 10-year a myth. This is the second step in the process. The first period between 1975 and 1985. Given the work that has step in the process was the guide to the Murray-Darling been done by the farming community, Landcare draft, which the federal government released in community groups and the salt interception schemes of late 2010. There was community outrage, and you can state and federal governments, the salinity levels in the understand the community outrage because the Murray have actually dropped since 1985. The current government was going to rip 3000 to 4000 gigalitres salinity levels at Morgan are 354 EC. For the last out of the Murray-Darling Basin, which was going to 12 months they have ranged from below 100 EC to decimate the communities of northern Victoria. The about 460 EC — and that is in a flood year. As federal government acknowledged that was a problem, everyone knows, the Murray has been running fairly so what happened? Mike Taylor, who was the chairman full of water because of the exceptional rainfall we have of the authority, resigned and the government replaced had over the last 12 months. What you usually see in a him with a Labor mate, Craig Knowles, who is an flood year is a spike in salinity. The salinity goes up ex-New South Wales Labor minister. He swanned because the floods mobilise the salinity salt that is on around the Murray-Darling Basin and tried to quell the the flood plain and channel it back into the river. You troops and make everybody happy with what he was only need to go back and look at what happened in going to propose. The problem is that he did not listen. 1983, which was a good year after a drought, and 2003, He came up with a proposal that would take when there were rains after the drought of 2002, and 2750 gigalitres out of the system. Most people, even you will see a spike. This year’s levels are a spike; they those on the other side of Parliament, can do the maths. have spiked at 350 EC. We can compare this to the There is not much difference between 2750 and period between 1975 and 1985 when levels were in 3000 gigalitres when it comes to decimating excess of 800 EC over 42 per cent of the time. communities and taking jobs away from them. The website also talks about blue-green algae blooms. The chairman, Craig Knowles, is hanging his hat on a If anyone in this house has read history books, they will review in 2015. He is going around telling irrigator know that when Burke and Wills went on their tour groups that the review will bring the right up through the middle of Australia there were 2750-gigalitre figure down in 2015. blue-green algae blooms. They are nothing new, and hanging their hat on that just proves that the Mr McCurdy — I am sure it will. Labor-Greens coalition is ideologically driven rather than fact driven when it comes to the health of the Mr WELLER — As the member for Murray Murray River. Valley says cynically, ‘I am sure it will’, and quite rightly so. Following every review in the last 20 years The draft basin plan website talks about water quality. I the irrigators have lost water, so how does Mr Knowles pointed out that salinity levels dropped. I also pointed propose to give the irrigators back water in 2015 under out that there is less turbidity in the water levels in the his review? He is proposing that the federal government Murray than there was 30 years ago. The site talks do some environmental works to make the about red gum forests. It says there is less red gum environmental water go further at places like Lindsay forest. To the contrary, I suggest that there are far more Island, where you could put in a low-level weir and trees along the Murray than there have been for many irrigate the island with 90 000 megalitres rather than hundreds of years. There are many photos of the with 1.2 million megalitres and, given that the flood Murray in the early 1900s depicting it to be treeless. plain probably needs a drink every five years, if you Over the last 100 years a lot of trees have grown along divide the difference by five, you save in excess of

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200 gigalitres a year. You could say that the In this week’s Shepparton Country News, which is environment does not need it because we are getting the often quoted in this chamber, the Victorian Farmers environmental outcome. Federation water council chairman, Richard Anderson, said that communities needed certainty. He said: Rather than setting the figure at 2750 gigalitres we should set it at a lower number, which would encourage When we are talking 970 gigalitres and it has not been split the federal government to invest in these environmental between the states, if we split it means another 420 000 megalitres taken out of northern Victoria … engineering solutions to make its water go further. If we start at a lower number and have the review in 2015, Is that sustainable? No. It’s probably the equivalent of three you may then have to review the figure up or review it or four milk factories, and certainly the equivalent of a large and say, ‘We need to go and do some work on-farm tomato processing factory. and invest in some on-farm savings’. These are the Here we have a decision made by a Labor government ways we should do it. We should start with a low that will wipe out three or four milk factories and number, do the environmental engineering thousands of jobs in northern Victoria, and we have the solutions — — people on the other side asking if we have a jobs plan when the federal government is proposing to take An honourable member — And prove it. 6000 or more jobs out of northern Victoria. Mr WELLER — And prove it, and then do Mr Allan Mann is also quoted in the article talking to something about it. You might say that it is only the Tony Burke, the federal water minister. He said: member for Rodney speaking, but I have read the papers and I would like to quote from some articles. An You are obviously prepared to take a lower standard of living article in last week’s Stock and Land quotes the regarding food production and fibre production … Victorian Farmers Federation president, Andrew Broad, Why are you therefore allowing a million megalitres of water as having said: to evaporate in Lake Alexandrina in South Australia?

Murray Darling Basin Authority chairman Craig Knowles It’s obvious to me you are setting different standards for said the authority tried to deliver a ‘balanced draft basin plan different areas. with greater flexibility’. What he is referring to there is that Victoria But he did not expect it to be popular in the southern basin, where most of the change to traditional water management decommissioned Lake Mokoan because all the water and use was targeted, he said. evaporated there. Why then are we supporting the evaporation from Lake Alexandrina and Lake Albert of I can tell you that he is not popular and there has been a million megalitres a year? The federal government is outrage. The article further states that leading basin not going to address that question. farm groups: The Weekly Times is a great paper, and in this week’s … feared the draft effectively placed the horse before the cart edition Mr John Roulston from Elmore, which is in my by proposing 2750 gigalitres in sustainable diversion limits but failed to deliver a detailed environmental watering plan electorate, has made a few comments. He said: outlining where and how that water volume would be used to sustain environmental assets. Australia needs food security and export dollars, even crops for fuel. We have a lot of water in the system for this if the The article also quotes the National Farmers status quo is retained. Federation: The environment is getting more water than five years ago through the already heavy buybacks and a return to wetter Speaking on behalf of 10 united farming groups at Parliament seasons. House in Canberra on Monday, National Farmers Federation CEO Matt Linnegar … called on the government and water Country, unite against this inner city Greens/leftist deception, minister Tony Burke to intervene in the water planning brought about by out-of-balance reporting during process. the … drought.

Mr Linnegar said the advent of the national water initiative a Those who live in the basin are more experienced and are decade ago promised balanced water reform between the most qualified to have a say. environment and basin communities and their people and economies. Haven’t we had decision making from people who have no firsthand experience or have no idea as to the wealth of He said farm groups had also called for that balance in the irrigated agriculture? basin plan but the draft released on Monday ‘in our view does not provide that balance’. He is quite right. There are decisions being made about the Murray-Darling Basin by people who have no idea.

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As I pointed out earlier, the health of the Murray has which have resulted in more accurate screening and been improving since the 1970s; we acknowledge there diagnostic tests aimed at assessing the health of the were problems back then. The salinity levels have developing foetus during a pregnancy. This has led to dropped from over 800 EC at Morgan for more than increases in the number of foetal abnormalities that are 42 per cent of the time to last year averaging around identified and diagnosed in the prenatal period. In 350 EC, which is a very good outcome. The way Australia each year approximately 4 per cent of forward is to start with a lower number and for the pregnancies are diagnosed with a foetal abnormality, federal government to invest money in engineering the reference for that being Riley and Halliday, 2008. solutions to make environmental water go further so we These numbers are likely to increase substantially over get the same environmental outcome with a lesser the next few years with the introduction of non-invasive amount of water, as farmers have been doing on their prenatal diagnosis (NIPD) technologies that will be farms for the last 40 years. They have been using the offered at an earlier gestation point than current tests. latest technology to make their water go further. Let us NIPD can identify chromosomal abnormalities such as get the environment to get efficient with its water as Down syndrome and trisomy 13 and 18, the latter two well and we can all live in happy harmony. being considered lethal conditions, much earlier in pregnancy than has previously been possible. Health: prenatal testing Importantly this early testing will present parents with information about a pregnancy that may have Ms CAMPBELL (Pascoe Vale) — I rise today in previously miscarried before current testing became this grievance debate to grieve that this Parliament has available, the reference for that being Benn and not given adequate consideration to prenatal diagnosis Chapman, 2009. of foetal abnormality. At the outset I want to pay tribute to the people and the health professionals who have Prenatal testing is increasingly becoming a routine part assisted with the preparation of this grievance. I thank of antenatal care in Australia. Over 97 per cent of the health professionals and ethicists who work in this Victorian women have one or more ultrasounds during area at Melbourne University, the John Paul II Institute pregnancy, the reference for that being Chew et al., for Marriage and Family, the Royal Women’s Hospital, 2007. In Victoria in 2007, 68.3 per cent of pregnant the Murdoch Children’s Research Institute and the women had prenatal screening and 5.7 per cent had an Mercy Hospital for Women in Heidelberg for insights invasive diagnostic test, the reference for that being provided for this grievance contribution. Moreira et al., 2008.

Prenatal testing is frequently offered to Australian As I said, following a diagnosis of foetal abnormality women during pregnancy to provide them with pregnant women are generally offered the choice of information about the health of their developing foetus. either continuing the pregnancy or having a Non-invasive screening tests such as ultrasound termination. Victorian records concur with overseas examinations and maternal blood sampling can identify data, indicating that the majority of these pregnancies women who are at increased risk of a pregnancy with a are terminated, the reference for that being Lewis et al., foetal abnormality so that invasive diagnostic tests can 2010. Decision making about terminating or continuing be offered. Following diagnosis of a foetal abnormality a pregnancy with a foetal abnormality is known to be pregnant women are offered a choice between very challenging for women and their partners — the continuing or terminating their pregnancy. There has reference for that being Statham et al., 2000 — as well been no empirical research examining the experiences as for the health-care professionals who care for them, of Australian women at such a time, and the extent of the reference for that being Menezes, 2010. By way of support in decision making and the provision of clinical passing reference I note that as a community we often care appears to vary considerably between geographical overlook the effect on health professionals, as we locations and health-care systems, particularly between concentrate very much on the mother and her family. the public and private systems. The increasing scope of prenatal testing generates an ethical imperative to Termination of pregnancy because of foetal ensure that all women who receive a diagnosis of foetal abnormality is known to be associated with greater abnormality during their pregnancy are able to make psychological morbidity than TOP (termination of informed decisions about all available options and that pregnancy) for other reasons, and a large number of they have access to appropriate evidence-based care women subsequently suffer from a post-traumatic stress and research. disorder and depressive feelings, the reference for that being Korenromp et al., 2007. While protocols relating By way of background, there have been major to support following TOP because of foetal abnormality technological developments in the past two decades exist within some tertiary centres in Victoria, there has

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Wednesday, 7 December 2011 ASSEMBLY 6147 been little evaluation of this process, and parents’ diagnosis — which will present parents with more experiences remain largely unexamined. Furthermore, information at an earlier stage of pregnancy than has existing support protocols are based on a small number previously been possible. What I would call the of empirical studies with women who have had routinised offer of prenatal testing generates an ethical stillbirths rather than with women who chose to end a imperative to ensure that parents who receive a pregnancy involving foetal abnormality. While there is diagnosis of foetal abnormality during a pregnancy are some evidence that the severity of the abnormality able to make fully informed choices about all diagnosed and the counselling provided by health-care appropriate options, including peri-natal palliative care, professionals can play a role in parents’ decision and have access to evidence-based, patient-centred making at this time, it is clear there are many variables supportive care. which can influence decision making, including a lack of resources and financial support available to families I would like to offer some suggestions that have been caring for a child with a disability. made as a result of conversations with representatives of the organisations I acknowledged at the beginning of A lack of evidence-based care is particularly apparent my address — Melbourne University, the John Paul II when parents choose to continue a pregnancy following Institute for Marriage and Family, the Royal Women’s diagnosis of a lethal foetal abnormality. Personal Hospital, the Murdoch Children’s Research Institute Australian stories — the reference for that being and the Mercy Hospital for Women in Heidelberg. I put Sheffield, 2008, and Thiele, 2010 — and on the record five of these recommendations: firstly, the communications appearing on several web-based linking of palliative care services with services caring support resources relate emotional and harrowing for women who receive a diagnosis of severe accounts of parents’ experiences at this time, indicating abnormality; secondly, the provision of peri-natal that the care and support they received was far from support and palliative care counselling, coordination ideal. In these circumstances in some countries health and support services to which women may be referred services offer a model of support known as peri-natal in such circumstances; and thirdly, the overcoming of hospice care, which aims to provide patient-centred what appears to be a service gap, particularly for medical care and psychological support from the time women who are in the private health system. From the of diagnosis until the baby’s death and beyond — and I conversations I have had it seems that the private sector stress it is from the time of diagnosis to beyond the is the area that overlooks this need. People head to the baby’s death. Proponents believe this type of program private sector thinking they will get a wide choice, but can empower parents to take control of this sad event, that is not the evidence that I have identified. allowing them to engage with their pregnancy and make appropriate plans for the birth and likely death of The fourth recommendation is that someone be their baby. This can provide a valuable opportunity for appointed at every maternity hospital in Victoria to memory making, loving and parenting, the reference coordinate services for women and their families in the for that being Hoeldtke and Calhoun, 2001. circumstances of a diagnosis of severe abnormality peri-natally. The final recommendation is that health Over 40 such programs exist within the USA, usually professionals be educated about the needs of women situated within obstetric hospitals, utilising expertise and their families who experience a diagnosis of severe from a multidisciplinary team that may include abnormality peri-natally, especially the needs of women physicians, obstetricians, midwives, social workers, who decide not to end their pregnancies. Amongst the genetic counsellors, neonatologists, psychologists, issues that arose in the discussion, I particularly chaplains and other relevant specialists. Peri-natal highlight the difference between the public and private hospice care programs do not exist within Australia, but sectors. In the public sector women are more likely to findings from two small projects conducted in Victoria be referred to genetic counsellors or other health suggest relevant health professionals and pregnant professionals who can provide contact, advice, women believe a peri-natal hospice care program counselling and support for the duration of the would have utility, the reference for that being pregnancy. In the private sector there appear to be gaps, Horwood et al., 2009. and women may not receive counselling to assist them in making decisions. A chaplain at one of the meetings Further urgent research is necessary in order to develop I attended reported women proceeding from diagnosis appropriate models of care for both women who choose to termination without being offered any counselling. to continue their pregnancies and women who choose to terminate their pregnancies following the diagnosis I talked to a number of women around Parliament, and of a foetal abnormality. This is of particular importance a couple of them mentioned how women heading off given the advent of NIPD — non-invasive prenatal for what is considered a routine scan are not adequately

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6148 ASSEMBLY Wednesday, 7 December 2011 prepared for what may occur during the scan. There is same mistakes that the former government made. We little preparation for the shock that women may will not be neglecting public transport. We will not be experience if the scan identifies that a miscarriage has failing to invest. We will not shirk our most basic of occurred or that there is a foetal abnormality and that is responsibilities, which is to deliver a safe, reliable, conveyed through the shock of the scan operator or clean public transport system. someone else in attendance. Women seem to be automatically put on a treadmill with a likelihood of We all saw what people think of governments that fail being offered invasive testing and then, if the testing to deliver in this important area. It is no coincidence shows a foetal abnormality, they are pretty much put on that the Frankston line was one of the worst, and the the conveyor belt of what that particular hospital people in the seats of Mordialloc, Frankston and suggests, or the health professional recommends, would Carrum hitched their wagons to the Baillieu coalition be an appropriate conclusion to the pregnancy. express to Spring Street. Everybody would agree that the Parliament is now a much better place, with my We have enough genetic counsellors in Victoria. Frankston line colleagues making significant Melbourne University has trained many, but the issue is contributions to Parliament on a regular basis. Even the not training. There are more qualified genetic people of Prahran jumped on board and voted me in. counsellors than there are places available. Quality The people of Prahran were astounded that they could genetic counsellors are being employed in other areas live just 5 kilometres from the city yet could not get because of a lack of financial provision for them to into town; they could not get themselves to work on work in hospitals. time. It was an absolute disgrace.

In conclusion, Victoria needs more evidence-based Like many members, I campaigned at train stations research into whether offering peri-natal palliative care during the course of last year, and the anger was would affect women’s or couples’ choices and the palpable. When it got to 27 November 2010 and I had comparative outcomes for women and families who not once seen the former member for Prahran at a train choose to continue to birth or to end a pregnancy with a station or a tram stop I knew that public transport was termination. We need more discussion of and funding not a high priority for the previous government. The for peri-natal palliative care. We need research and community had to take a leap of faith. I am sure many support for responses from health professionals in in the community were cynical; they perhaps thought relation to the care of women and their families when a we might not be much better but could not be any foetal abnormality has been diagnosed. Keeping in worse than Labor had been. People took a leap of faith, mind the fact that many of our health professionals are and if they were cynical, they have now been pleasantly women who have either personally experienced surprised that we have been able in just a year to abortion and its effects or have family members or achieve improvements which Labor could not achieve friends who have such experience, it is really important in 11 years. that health professionals are supported and that the focus of this Parliament is on the expectant mother, her In the last two weeks I have been to every station in my partner, their family, their unborn child and the health electorate in the mornings. What a pleasant experience professionals surrounding them. We need to give this it has been and what a welcome reception I have much more attention. received as a member of this government. Very few criticisms have been made. People are overwhelmingly Former government: performance impressed that the trains are running more efficiently and that they can actually get on a train and get to their Mr NEWTON-BROWN (Prahran) — I grieve for destination on time. That is not to say that there is not the people of Victoria who have been left with a more work that can be done and more improvements run-down, worn-out public transport system after that can be made, but certainly the overwhelming 11 years of Labor mismanagement. It took 11 years for feedback from my electorate is that things have got the perfect storm to brew. Murmurs of dissatisfaction significantly better. Under Labor the public transport from commuters stuck at train stations grew over a system collapsed under its own weight. We had the spin number of years. These murmurs of discontent grew to and reckless waste of taxpayers money in promoting a a roar by the time they hit the Brumby government with service that did not provide what the advertising the force of a tsunami in November 2010. It is a matter promised. of public record that Labor’s inability to run an efficient public transport system was one of the pivotal issues in Labor had a problem: the system had suffered years of the election last year. Acting Speaker, be assured that neglect and the former government thought that rather the Liberal-Nationals coalition will not be making the than engage in a boring and expensive exercise of

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Wednesday, 7 December 2011 ASSEMBLY 6149 improving the service, it would just run advertisements Mr NEWTON-BROWN — Exactly, they wanted to promote that it had improved the service. The ads to take the seats out to cram more people in. What a worked. People accepted the invitation to use public solution! History shows that this last gasp attempt to transport — so many of them that you could not, sell a manufactured image of public transport in the literally, get on a train in peak hour, and the timetable dying days of the Brumby government was not bought became a work of fiction. What did Labor do with the by the public. No, we are not going to make the same problem it had? It had many years to prepare; it could mistakes. Great advances have been made by the see it building. It was aware of the trend in population Minister for Transport in the past year. Seven new growth, and it produced the grandly named document trains have been ordered, and 33 more are on the way. Melbourne 2030, perhaps in a misguided belief that the There have been significant investments: $1 billion in public would give it until 2030 to get things right. The infrastructure and maintenance; new stations planned, debacle was building until the crescendo of November such as Balaclava station on the border of my 2010, but it was too late for long-term improvements. neighbouring electorate, the electorate of the member for Caulfield; a new transport authority; and the The former government did not have the time and it did Grovedale train station. There is a lot of investment. I not have the money, so what did it do? It was cheaper know the Minister for Public Transport is secretly to advertise than to actually fix the problem. The first admired by members on the other side of the house advertisement I can recall featured My Baby Takes the because he has been able to achieve what the former Morning Train. I wish I was not so shy or I would sing minister, Martin Pakula, a member for Western a few lines. Perhaps some of my colleagues might be Metropolitan Region in the other place, could not able to assist me. Sheena Easton sang that song many achieve. That secret admiration is indeed justified. years ago, telling us how fabulous it all was; singing and dancing in a sparkling carriage with plenty of room I also grieve for the erosion of the status of honesty and for dance moves. With the greatest of respect to the rise of corruption and rot within the former Ms Easton, she is a faded star from the other side of the government, particularly during its dying days. After world who sang a song about a train 30 years ago. What taking office in 1999 Labor dug in its heels and refused did Labor do? It paid her to come across to Melbourne to set up an independent broadbased anticorruption and lip sync the song on a train on the Glen Waverley commission. In contrast, for years the coalition called line. for it and for years the ALP blocked it. The question that comes to mind is why. Why would a government Those members who were in cabinet at the time and want to block such an idea, which was hugely popular who are in this house today must surely be cringing; in the community? Victorians had been calling out for it and if they are not cringing, they should be cringing. for years. The former Premier had form on copying What a pathetic, ridiculous attempt to try to hoodwink coalition promises on almost a daily basis, but on this the Victorian public. The next effort was far slicker — one he was intractable. Usually as soon as his focus it featured We Get Around. My colleagues might be groups told him that things were biting he would adopt able to assist with a few lines from that advertisement our policy as his own to neutralise the issue, but on this as well. We Get Around is funky music, and it was a one he would not move. beautifully shot advertisement. I have to admit that even I was duped. Watching that advertisement made Over the last couple of days I have thought long and me feel proud to be a Victorian. There I was, as a hard as to why he would not take up this idea. I have a Liberal candidate, feeling like an unfaithful lover, being few theories. The answer may be found by looking at seduced by the Brumby spin machine, which cast its some of the activities of Labor, its administration and magic spell over me through the television nightly. its elected representatives in recent history. The answer Members will recall that the whole ad was run at may lie in the Labor desire to keep its oversized closet double speed. All the trains were pulling in and out of of skeletons firmly shut. It may be found by delving Southern Cross station to the music We Get Around and into some of the episodes of Labor legend, to which the people were jumping on and off. It was a bit like the Leader of the Opposition affectionately referred earlier Benny Hill Show. Perhaps the theme song to the Benny this year as the Tammany Hall period of Labor history. Hill Show would have been more appropriate, because I remind the house that Tammany Hall refers to a it was a farce: the trains were not really slick and shiny, political party in New York that was active early last they were not comfortable and they were not quick; century and gained power through corruption, so it is an they were packed, they were unreliable and they were odd analogy! dirty. History shows that — — Let us do some delving. Let me take this house through Mr Delahunty — They wanted to take the seats out. an abridged Google tour of the sorts of things that

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6150 ASSEMBLY Wednesday, 7 December 2011 anyone with a computer and an internet connection can On 2 April 2009 the Age reported that Victoria Police find out about the Labor Party, its administration and its was called in to investigate the alleged members. It is what I found in this quick search that has misappropriation of union funds by one of Victoria’s caused me to grieve for the Victorian public, who most powerful Labor figures, Jeff Jackson, a member of deserve so much more than what Labor gave them over the ALP administrative committee and a leader of John the last 11 years. Let us start with a Radio National Brumby’s right faction. A Pitcher Partners audit report program which aired on 1 December 2000, and which stated that the union had expended funds in reported that an independent candidate for the inappropriate ways, including making one-off Frankston East by-election signed a statutory payments to various members. declaration that Labor had offered him money to direct preferences to it. The Premier at the time, Steve Bracks, On 5 March 2009, in relation to the Kororoit attacked the independent candidate on radio on the by-election, the Age stated that ‘Labor lied to win’. The basis that he thought he was associated with the Liberal article continues: Party, as if that had any relevance whatsoever. John Brumby’s Labor Party has been caught cheating at an election. On 9 March 2006 the Age reported that the member for Lyndhurst had confessed to the Age that he had used This is not me saying this with the benefit of the resources of the Parliament to the benefit of the parliamentary privilege; this is a quote from one of Labor Party. Incredibly, as a minister of the Crown, he Melbourne’s daily newspapers, the Age. Labor was abused the resources provided to him by sending his concerned that Les Twentyman might win a seat, so it taxpayer-funded motor vehicle to doorknock in support told lies. of his preferred preselection candidate. What did the Premier at the time, Steve Bracks, do? Did he cut the In November 2010 the ALP paid for an advertising minister loose? No. He was quoted as saying that the campaign regarding the sale of schools which it knew member for Lyndhurst was ‘doing a great job’, and the to be based on false and defamatory assertions about member for Lyndhurst continues to serve the Labor the now Premier. The member for Northcote made Party at the highest level, on the frontbench. similar false and defamatory accusations in this house on 28 February 2008, and this year Nicholas Reece and On 2 August 2009 a senior Labor election campaign Noah Carroll, representing the ALP, were forced to officer, George Droutsas, was charged with 42 counts retract their dirty little claim and apologise to the of fraud relating to a 2005 council election. Premier. Mr Droutsas was a senior member of Premier Brumby’s right faction and was accused of stacking I have run out of time to go through any more of these elections with dummy candidates. examples, but just to conclude can I point out that there are various other matters — all sorts of things. There On 16 June 2009 the Age reported that Hakki Suleyman was the Brimbank councillor Costas Socratous, there was elected to the Labor Party’s supreme was the pokies auction, there was Merri Community decision-making body, the national executive. This was Health Services, there was Labor Party branch stacking despite the Ombudsman finding that he was an and there was the Windsor Hotel scandal — need I say unelected person with ‘undue influence’ on the more? Brimbank council. The sum total of these examples I have briefly I am running out of time, so I am going to have to mentioned today confirms that the rot that was in the speed through the rest of these examples. It is a quite Labor Party had reached its core by the time of Labor’s substantial list. On 8 April 2009 the Age reported that demise. The response of senior government members former assistant police commissioner Noel Ashby had made it all the more clear that normal standards of alleged that the then roads minister, Tim Pallas, who is decency and honesty were not being adhered to. I with us in the chamber today, had tipped him off about grieve for the Victorian public. I grieve that members of his phone being tapped. The opposition leader at the the public were taken for fools by the former time, who is now the Premier, said: government. I grieve that the most senior members of the Brumby government treated the public with We’ve been saying it now for years — this is exactly the sort of allegation that should be referred to such a commission … contempt. But we did not have one! However, it is not all gloom and doom. While I grieve, I also applaud Victorians for seizing the power they had to change government and saying, ‘This is not good

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Wednesday, 7 December 2011 ASSEMBLY 6151 enough. We expect more from our government. We wishing to rake over old coals it is worth expect higher standards, and we expect an independent acknowledging what occurred on that day. It was an body to be established to ensure that these standards are unprovoked attack, and while the methods, as I said, met’. When the IBAC is set up and fully operational it were very different from those employed by today’s will no longer be possible for elected representatives to terrorists, the results from today’s attacks are perhaps as engage in corrupt behaviour and excuse it by referring devastating as those of that tragic event some 70 years fondly to the days of the Labor Party’s Tammany Hall. ago.

Question agreed to. As on September 11, the attack came from a clear blue sky. It was totally unexpected by many in the general populace. There may have been some misgivings about STATEMENTS ON REPORTS the diplomatic manoeuvres, but the attack itself was not expected. We now know that had preparations been Public Accounts and Estimates Committee: more vigilant and intelligence tea leaves been read Auditor General’s terrorism preparedness more accurately, it might have been a very different report outcome. While the intelligence side of the issue and combating the attack are national responsibilities, our Mr MORRIS (Mornington) — I am pleased to rise capacity to respond to these sorts of incidents is very this afternoon to make some comments on the report much an important role of a state government. resulting from the Public Accounts and Estimates Committee’s review of the Auditor-General’s report on The committee has made a series of recommendations the preparedness to respond to terrorism incidents in for consideration by government, including the relation to essential services and critical infrastructure, provision of clear and strong central policy leadership which was tabled by my colleague the member for and coordination by the Department of Premier and Forest Hill in the house this morning. Cabinet, even within a devolved system of responsibility. That has been a point of contention This is a follow-up report — and I think it is the first between the department and the Auditor-General, but one in the current Parliament — to a report by the the committee is firmly of the view that clear leadership Auditor-General that was brought into the Parliament in by the department is required. Other key January 2009 on exactly that point: the preparedness to recommendations are that there should be clear and respond to terrorism incidents and so on. That report commonly understood terminology and definitions, and made some 11 recommendations which revolved roles and responsibilities of all stakeholders; a around things like establishing clear oversight and formalised and commonly understood process for the coordination of arrangements for provisions under the identification and classification of critical infrastructure; act, leading the development of a performance risk management which takes into account all risks and management framework, clarification of roles and hazards; a more formalised and standardised form of responsibilities and identification of risks. compliance certification and reporting; and an incorporation of the Council of Australian That report followed the attacks in the United States in Governments agreements to have a uniform approach September 2001 and the subsequent attacks in Bali, to disaster management. Madrid, Jakarta, London and so on. The report noted on page 1 of its summary that while Australia had not and There are many recommendations in the report. It is a has still not been directly attacked by terrorists in recent subject of immense importance. Hopefully the times, its citizens and our interests have been attacked outcomes we are seeking will never be required to be offshore, so it is certainly, I think, a very important put into practice, but nevertheless history shows us, as I subject. Simply because things have not happened in think I have demonstrated, that these things come out of the past or have not happened recently does not mean a clear blue sky. I commend the report to members. I there is any room for complacency. note it has bipartisan support. Today is the 70th anniversary of the attack on the US Scrutiny of Acts and Regulations Committee: naval base in Pearl Harbour on 7 December 1941 by review of Charter of Human Rights and the Japanese empire. It was not an isolated attack, and it was not a terrorist attack in the traditional sense of the Responsibilities Act 2006 words. I have had the privilege of visiting Japan as a Mr PERERA (Cranbourne) — I rise to speak on the representative of this place and meeting with current Scrutiny of Acts and Regulations Committee report of senior government and legislative leaders, and without its review of the Charter of Human Rights and

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Responsibilities Act 2006, which was tabled in provision that is incompatible with a human right. What September. According to the report, the committee is wrong with these provisions? I cannot understand received 329 substantive submissions and 3600 short why the government committee members are keen to submissions. remove them.

Amnesty International Australia made a seven-page One of the areas where the charter has been most submission. Surprisingly, it was not called to provide a effective has been in relation to helping to ensure that verbal submission at the public hearing. Amnesty public authorities in Victoria pursue policies and International is a worldwide movement to promote and practices while considering a human-rights-based defend all human rights enshrined in the Universal approach. The charter has enabled matters to be Declaration of Human Rights and other international satisfactorily resolved without needing to be litigated. instruments. Amnesty International is the world’s largest independent human rights organisation, The charter has importantly provided community comprising more than 3 million supporters in more than advocates with the means to have policies and practices 160 countries; it has over 125 000 supporters in corrected where they would otherwise have breached Australia alone. Amnesty International is impartial and the rights of those for whom they were advocating. One independent of any government, political persuasion or such case involved a severely intellectually disabled religious belief. It does not receive funding from refugee who was placed in unsuitable accommodation governments or political parties. and had limited contact with his family. After an advocate’s intervention he was not returned to that The committee had all this information about Amnesty accommodation and was allowed to reside in his family International. In spite of this knowledge the committee home. did not invite Amnesty International to make a verbal submission at the public hearing. Therefore it is not Another case involved a pregnant woman with two unfair to question whether the government members of children being evicted and becoming homeless without the committee, who formed the majority of the a reason or the opportunity to address the landlord’s committee, were instructed by the government to arrive concerns. An advocate used the charter to negotiate at a predetermined set of recommendations. with the landlord to prevent an eviction that would result in her homelessness and reached an alternative I have concerns about option 2 of the agreement. A third case involved a young man who, as 35th recommendation. Option 2, which was supported a prisoner, was denied a request to attend the funeral of by government members who made up the majority of his stepfather. The Charter of Human Rights and the committee, states: Responsibilities was specifically raised by the advocate, and the prisoner was allowed to attend the funeral. That only division 1 of part 3 of the charter (scrutiny of new laws) be retained, with the modifications recommended in Since its introduction in 2006 the charter has served as this report, and that divisions 3 (interpretation of laws) and divisions 4 (obligations of public authorities) be repealed. a guiding framework for ensuring that policy and decision-makers assess the compatibility of new laws Division 3, the interpretation of law, requires all and amendments to the 20 fundamental civil and statutory provisions to be interpreted in a way that is political rights enshrined in the charter; the Victorian compatible with human rights. However, this section public service — including government does not affect the validity of an act, a provision of an departments — — act, a subordinate instrument or a provision of a subordinate instrument that is incompatible with human The ACTING SPEAKER (Mr Tilley) — Order! rights. All the relevant minister has to do is to prepare a The member’s time has expired. written response to the court declaration of an inconsistent interpretation, lay it in each house of Public Accounts and Estimates Committee: Parliament with the declaration and publish it in the budget estimates 2011–12 (part 1) Government Gazette. This is a very small price to pay for upholding human rights in this state. Dr SYKES (Benalla) — I rise to comment on the Public Accounts and Estimates Committee (PAEC) Division 4 makes it unlawful for a public authority to report on the 2011–12 budget estimates (part 1). I will act in a way that is incompatible with a human right or, commence by commending the committee members, when making a decision, to fail to give proper led by the chair, Philip Davis, a member for Eastern consideration to a relevant human right unless the Victoria Region in the Council, and the executive public authority is acting to give effect to a statutory officer, Valerie Cheong, who looked after the staff so

STATEMENTS ON REPORTS

Wednesday, 7 December 2011 ASSEMBLY 6153 well. The PAEC is an extremely important and We in the electorate of Benalla were the beneficiaries hardworking committee, and its members and staff deal of many hundreds of thousands of dollars of assistance with a massive workload. Whilst speaking on this measures, particularly in relation to the environment. report I also commend the Hansard staff for the The North East Catchment Management Authority got fantastic job they do during the year — and in fact all a total of about $8.7 million, the Goulburn Broken the parliamentary staff who have endured a year that Catchment Management Authority about $2.4 million has been interesting for all of us. and then various community groups also received substantial funding. The net result was that we had a I direct my comments in relation to this report to practical and prompt response, and whilst a lot of chapter 2 as it relates, in the first instance, to the flood damage was done, the cost of that damage has been response. It would be fair to say that coming into offset by the response from the government. government the coalition was met with a baptism by floods — floods that caused massive destruction to Another aspect of this report, which I will probably public and private assets and to the environment. The touch upon on another day, is managing net debt. budget papers indicate that the floods affected more Victoria’s net debt has grown as a result of a massive than 20 per cent of the state, including 5000 people in number of cost blow-outs under the regime of the 83 towns. There were 38 special government-wide previous government. As has been said many times allocations with aggregated funding totalling before, Labor simply cannot manage money. The new $426.5 million towards repair measures. The floods Treasurer has made a commitment to ensure much were of massive impact, and they really knocked rural more rigorous reporting and management particularly Victoria around in the north-east but particularly in the of major projects so we do not have a repeat of the north-west, where floodwaters became a slow-moving $1.4 billion blow-out on IT projects, as reported by the lake with a front 50 kilometres long and about Ombudsman, and we do not have a repeat of the 40 kilometres broad, that caused a massive level of desalination plant situation, which is costing Victorians destruction. $2 million a day for the next 30 years.

I also acknowledge the efforts of the Minister for The ACTING SPEAKER (Mr Tilley) — Order! Agriculture and Food Security, who had to fulfil his The member’s time has expired. ministerial roles and whose electorate was very severely affected. He did a damned good job in very Public Accounts and Estimates Committee: difficult circumstances. budget estimates 2011–12 (part 1)

One of the good outcomes of the Baillieu government’s Ms GRALEY (Narre Warren South) — It is a practical approach to government was that we quickly pleasure to speak on part 1 of the Public Accounts and recognised the massive bills involved and the impact on Estimates Committee’s report on the 2011–12 budget the cashflow that the traditional system of funding was estimates. As the member for Benalla said, this is a very going to have on local government and other important committee that does essential work for the instrumentalities. The Minister for Police and Parliament. I will focus my remarks today on the Emergency Services responded to calls from local education section of the report and particularly on the government to fast-track the funding of flood relief. contribution made by the Minister for Education to the Whereas in the past, under the previous government, hearings. The minister made an interesting statement to flood relief involved working out the costs, having the the committee in his opening remarks. He said: work done, having the invoices submitted and then after months of assessment the cheques being sent out to We gave a commitment to provide education leaders and parents with the resources and support they need to deliver a local government and other agencies, the Minister for unique and personal lifelong learning experience to students Police and Emergency Services came in, cut through at every stage of development, from 0 to 18. Our agenda says the red tape and ensured that 50 per cent of the that improving and expanding front-line services is critical to projected cost of the flood recovery could be paid upon building a better Victoria. the presentation of the draft quotes, and then the final Listening to the minister’s words, one would be settlement was subject to proper accounting measures forgiven for believing they represent a very positive and final payments were balanced up at the completion approach, but history is teaching us — and present of the works. This is a very practical approach to flood circumstances are showing us — that these seem to be relief measures, and it was greatly welcomed by local mere words, even though they were said to the Public governments. Accounts and Estimates Committee (PAEC). During the hearing the minister tried to reassure us that the

STATEMENTS ON REPORTS

6154 ASSEMBLY Wednesday, 7 December 2011 massive $481 million cut the government made to despite the minister words to the contrary at PAEC education would have no impact. At the hearing he said hearings. Cuts to TAFE have meant that many staff — the savings would come from advertising, legal costs nearly 60 jobs — have been lost at Chisholm Institute and travel expenses. Obviously he believes the of TAFE in my electorate. community is stupid and will believe the minister will save almost half a billion dollars by trimming some fat We also know there have been cuts to literacy and from the advertising, legal and travel budgets. Now we numeracy funding, and we know why. At the PAEC know the reality is much different. hearing the minister said:

Despite the minister promising PAEC there would be Literacy and numeracy is a core-ish part — no cuts to front-line services and no job losses, soon a ‘core-ish part’! — after his presentation to PAEC it was revealed that the Baillieu government will cut $48 million in Victorian of what we do in schools … certificate of advanced learning (VCAL) coordination funding, threatening — as we know, especially in my What a goose! Anybody who rates literacy and electorate of Narre Warren South — the education and numeracy as ‘core-ish’ should not be the Minister for future job prospects of our young people and the Education. employment of our teachers. Narre Warren South P–12 Recently during the adjournment debate I raised the College is a leader in VCAL and consistently wins issue of the Baillieu government withholding funding awards for its excellence in this area. The minister for the national partnerships funding. I suggest that knows this, because he has given out some of these everybody have a look at the PAEC report and see how awards. He recently misled this house by saying I had the Baillieu government is picking up where the not visited the school at all since last year’s election. Kennett government left off. This is totally untrue. I regularly visit the school, including a visit I made with the member for Niddrie. It Public Accounts and Estimates Committee: is most unfortunate the minister will not visit the school budget estimates 2011–12 (part 3) until just before funding runs out. Mr ANGUS (Forest Hill) — I am pleased to rise I have previously read out in this house letters from today to speak on part 3 of the Public Accounts and students of Narre Warren South P–12 College about the Estimates Committee (PAEC) report on the 2011–12 VCAL cuts. They are well-written letters that go budget estimates. straight to the heart of how cruel and callous this cut is. As it relates to what the minister said at PAEC, I will An honourable member interjected. read a letter from Ashlee Leitch, the school captain. Ashley followed up her letter on a Facebook page. It Mr ANGUS — Hear, hear! It is a very important states: committee with some very hardworking members. As I have noted previously, this report provides a detailed Mr Baillieu, aren’t you sick and tired of seeing my face and analysis of the 2011–12 budget estimates and forward hearing my name in Parliament? As I am the face of the campaign I believe that you should not cut the VCAL budget estimates. It includes some 90 recommendations to so nobody else has to see my face in the mail. As expressed in assist the government in enhancing its financial my letter to Judith Graley, which was read out in Parliament, I reporting for the future. Chapter 2 of the report is don’t believe you truly understand what VCAL means to us entitled ‘Key aspects of the 2011–12 budget’. The areas all. Everyone has their own successful stories as to their results of doing VCAL, but I believe that you need to put that are addressed include budget setting and key back on your student hat and head back to school. Maybe if budget themes, the fiscal target for the operating you took your time to understand what VCAL actually brings surplus, the government’s 2010 election commitments, to the education system, maybe you might think twice about the response to major flooding and funding for cutting our funding. infrastructure investments. And a special thanks to Martin Dixon, the Minister for Education, who handed my VCAL state award to me back in I will comment particularly on the major flooding item, April. Thank you for smiling for the camera knowing your on which we had an earlier contribution. The events of party were speaking of a budget cut. How could you show late 2010 and early 2011 had a very significant affect your face? on the state in many ways, with approximately 20 per This is what the school captain of Narre Warren South cent of Victoria having been inundated. The net budget P–12 College had to say, and we know this is not the cost at that time was $561 million, as is noted on only cut that has been made to front-line services, page 24 of the PAEC report. This was a very significant event and impost on the state.

STATEMENTS ON REPORTS

Wednesday, 7 December 2011 ASSEMBLY 6155

Chapter 2 of the report notes the election commitment helpful tool for all members. I again place on the record savings, and I refer in particular to table 2.2 entitled my thanks to the staff involved in preparing this report, ‘Savings initiatives’, at page 21 of the report. This table and I commend it to members. details 11 areas where the incoming Baillieu government has identified savings could be made over Public Accounts and Estimates Committee: the next five years. I will touch on the top four. Going budget estimates 2011–12 (part 2) down the list we can see that under ‘Media and marketing positions’ there are estimated total savings Mr McGUIRE (Broadmeadows) — I rise to over those five years of almost $86 million. Under comment on the Public Accounts and Estimates ‘Consultants’ the figure is $185 million. Under Committee report on the 2011–12 budget estimates, ‘Government advertising’, a very popular area of part 2, which was tabled in June. I will focus in expenditure for the previous regime, we are going to particular on the family and community services output save $255 million over that time. Under ‘Supplies and under the Department of Human Services, which states consumables’, just through better management, at page 20: purchasing and decision making, we will save With regard to the delivery of child protection and family $722 million over the five years. There are a range of services, quality performance measures could be developed to areas — as I said, seven other areas — which I will not assess whether early intervention and support services have detail at this point. There are total election commitment been effective in ensuring the safety and wellbeing of savings over the five years of just under $1.6 billion. children, young people and families. This is a very responsible approach to the budgetary Ensuring the safety and wellbeing of children and process. It identifies the waste, the mismanagement and young people and families is a paramount responsibility the fat that is on the bone and endeavours to trim that of Parliament. This is not a static goal — threats are back to ease the burden on the taxpayers and citizens of numerous and challenges change. We are fortunate as Victoria. Australians and Victorians to live in relative safety and security — Melburnians enjoy the world’s most livable Chapter 5 of the report is entitled ‘General government city. Nevertheless, we cannot be complacent. The sector asset investment’. Section 5.4 of that chapter is entitled ‘Cost pressures associated with high-value and digital age will be defined by interconnectedness, high-risk infrastructure projects’. On page 118 of the learning, communication and exchange. We are at a jump point, so other benefits remain beyond the realm report, table 5.8 is entitled ‘Major asset project cost of expectation. Many have not been imagined. pressures’. We can see that PAEC has identified a However, for all the extraordinary benefits that the range of capital projects where there are some very significant cost pressures. If we look down that table, digital age delivers, new challenges emerge. One such we see that there are some eight or so items, including challenge is cybersafety, particularly the corrosiveness of cyberbullying. some that are very familiar to members in this place. They include myki, the regional rail link, the Cyberbullying confronts many children daily and Melbourne wholesale markets and HealthSMART. The represents the fastest growing threat to child safety. The list goes on. We can see from that list that there are a answer is not to withdraw from the digital age or to whole range of pressures. The total project funding for prevent children from accessing the internet. The those items is $6.7 billion and the estimated additional challenge is to establish the programs and mechanisms funding required is some $2000 million. These are that promote safe and responsible usage and encourage extraordinary figures, and to call them cost pressures is inclusiveness and constructive behaviour. With this in a very modest way of describing them. mind, I commend the Alannah and Madeline Foundation on the recent launch of its eSmart initiative Recommendation 39 on the same page of the PAEC at the Hume Global Learning Centre in Broadmeadows. report states: Recognising the need for children and young people to The Department of Treasury and Finance disclose in the engage with technology in a safe and positive way, the 2011–12 budget update a complete analysis of any significant Alannah and Madeline Foundation established eSmart cost overruns in the state’s asset projects. to assist schools to ensure safe, smart and responsible That is a very important analysis that will better inform use becomes the cultural norm for digital technologies. all members in this place and indeed all taxpayers in This model presents the greatest example for early Victoria who are entitled to know where their funds intervention and support to ensure the safety of have gone. Part 3 of the PAEC report is a very children, young people and families against the informative document which provides a very challenge of cyberbullying. comprehensive analysis of the state budget and is a

PUBLIC PROSECUTIONS AMENDMENT BILL 2011

6156 ASSEMBLY Wednesday, 7 December 2011

Bullying is not new. Bullying must never be dismissed. PUBLIC PROSECUTIONS AMENDMENT Cyberbullying lurks as the threat that never sleeps. This BILL 2011 was tragically highlighted in 2006 by the death of 19-year-old Brodie Panlock. Second reading

Her suicide and the following court case brought into Debate resumed from 6 December; motion of the public consciousness the consequences of relentless Mr CLARK (Attorney-General). bullying. I commend the government for Brodie’s law — an Australian first that it is hoped will become a Mr FOLEY (Albert Park) — It gives me great national standard. While Brodie’s law established a pleasure to rise to speak, if ever so briefly, on the Public deterrent, a preventive approach must complement the Prosecutions Amendment Bill 2011. As the honourable punitive response. The difference is not the viciousness member for Altona made clear yesterday during her of bullying but the pervasiveness. incisive contribution on this bill, Labor is not opposing this bill. Labor has taken that position largely because, Before the digital age and the advent of social despite the protestations of the government to the networking sites, smart phones and wireless contrary, the bill is not actually doing much at all. communication devices, home could offer sanctuary. Having been elected on the basis of not promising very Although the fear of what tomorrow might bring never much, the government figures it is on a winner, so it faded, the vitriol could be escaped. Now social continues on with that model despite all its spin and networking and media, combined with instant mobile protestations to the contrary. access to the internet, means that finding respite from bullying — whether in the schoolyard or in the When we look to the specifics of this bill, we see that workplace — is much more complex. what it largely seeks to do is to quantify and lock in existing practice and to codify management hierarchy The resilience of young people is often marvelled at, within the Office of Public Prosecutions in a way that but it should never be taken for granted. Resilience continues, almost to the commas and dot points, allows us to balance our fragility and our strength. existing arrangements. As the solicitor for public Resilience allowed the Alannah and Madeline prosecutions has described this bill, it is ‘business as Foundation to blossom from tragedy. Founded in the usual’. Briefings provided to the opposition by the memory of Alannah and Madeline Mikac, aged 6 and Crown prosecutor also described the bill as representing 3, who, along with their mother, were among the no change to existing arrangements. Admittedly the 35 people killed in the Port Arthur massacre, the change from associate Crown prosecutors being foundation has evolved into a national charity with a Governor in Council appointments to their being public driving belief that all children deserve a safe and happy service employees — and on the way through cutting childhood and to never be subjected to violence of any their wages by $20 000 — is a change. Perhaps from kind. Walter Mikac’s dignity and perseverance the point of view of associate Crown prosecutors it is personify resilience. The Alannah and Madeline not the greatest change and reform to the judicial Foundation is his creative response to his family’s system that Victoria has ever seen. We know tragedy. Its mission is to prevent violence in children’s Liberal-Nationals governments like to cut wages, and I lives, and that work is undertaken under the am sure we have not seen the last of that. chairmanship of John Bertrand, the international patronage of Crown Princess Mary of Denmark and the The second-reading speech made by the national patronage of the Australian Prime Minister, Attorney-General in bringing this bill before the house Julia Gillard. sought to make much of the claim that there is much that is new and innovative in this bill. However, when Resilience is a virtue to be admired, but it is our one looks at the second-reading contributions that were responsibility as a Parliament to ensure that it does not given with regard to much of the bill, there is very little take tragedy to initiate change. We need creative and of any substance that changes the operation of the act. constructive thinking and emotional intelligence to What the bill has as its genesis and reason for being is develop preventive approaches. Initiatives such as not so much the codifying of changes to the Director of eSmart exemplify this strategy and demonstrate the Public Prosecutions and the Office of Public resilience and resolve required to meet the challenges of Prosecutions but an attempt to justify the knifing of the digital age so that we can enjoy its benefits for our Jeremy Rapke from his senior position in the Victorian enlightenment. judicial system. It was a knifing that to the best of everyone’s knowledge remains a secret — unless you have the privilege of sitting around the cabinet table.

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Wednesday, 7 December 2011 ASSEMBLY 6157

This government, which claims to be committed to ministerial responsibilities, including shares in each of transparency and openness, has not released the report the four big banks, has the Minister for Finance on which it based its pushing of Jeremy Rapke from his followed the advice the Premier outlined and taken any position. Having made his position completely of those steps in relation to his shareholdings? untenable by white-anting and undermining him at every step of the way, it has now swung into its normal Mr CLARK (Minister for Finance) — As I have and, we suspect, hitherto standard method of previously indicated publicly, I have fully complied operation — that is, operating in a sneaky and with the register of members interests legislation. I will undercover way by refusing to release that report. That fully comply with the Premier’s code in relation to report, by the excellent Port Melbourne native and ministerial conduct when that code is released. former judge, Frank Vincent — one of the few life members of the Maritime Union of Australia who has India: trade delegation ever made it to the judiciary! — would be very Mr NEWTON-BROWN (Prahran) — My question interesting reading should the Victorian government is to the Premier. Will the Premier outline to the house deliver on its commitment to openness and the coalition government’s initiatives to strengthen transparency. Instead we see the continuation of its trade and investment between Victoria and India, one of almost pathological desire to undermine the Victoria’s most important trading partners? professional statutory officers it encounters in the Victorian justice system, whom it perceives as Mr BAILLIEU (Premier) — I thank the member somehow or other not batting for its ideological and for Prahran for his question and for his interest in this administrative agenda in the operation of the justice important subject. As I am sure all members will know, system. India is one of Victoria’s fastest growing markets, growing at an average annual rate of 25 per cent since We have seen similar arrangements apply to the police 2005. There is no doubt that India, alongside China, command, including the disgraceful undermining of will represent in the not-too-distant future one of our former chief commissioner Simon Overland from top trading partners. If Victoria is to thrive and prosper, within the office of the Deputy Premier. We have seen we have to have a major presence in Asia, which by similar arrangements whereby the staff of the 2020 will account for some 45 per cent of global gross Attorney-General were directly involved in not only domestic product and one-third of global trade. that operation, as we learned from the Office of Police Integrity’s report Crossing the Line, but also other As again I am sure members will know, India’s current arrangements. population of 1.2 billion is projected to be greater than China’s population by 2030. The projected rate of Labor is not opposing this bill, and we look forward to urbanisation occurring in India is simply staggering. It the codifying and very minor cosmetic changes that it is projected that there will be an additional 16 cities brings about. with populations of more than 1 million in the next Sitting suspended 1.00 p.m. until 2.03 p.m. 20 years and that 900 million people, or 55 per cent of India’s population, will live in urban areas by 2050. Business interrupted pursuant to standing orders. With that extraordinary growth come extraordinary opportunities for partnerships, and for relationships with Victoria in particular. QUESTIONS WITHOUT NOTICE India and Victoria share a great deal — democratic, Minister for Finance: shareholdings legal and parliamentary traditions, and a commitment to enterprise, family and future generations. We have a Mr ANDREWS (Leader of the Opposition) — My fantastic Indian community here — a vibrant Indian question is to the Minister for Finance. I refer the community that continues to make a great contribution minister to the Premier’s advice to ministerial to this state. It is part of our rich multicultural heritage, colleagues regarding share ownership, which was: and in that way Victoria and India share fantastic opportunities. One of the ways of managing them is to put assets into a blind trust. Another is to invest in investment funds or indirectly. Another is to divest. It is time for Victoria to substantially increase its presence and trade engagement with India and to move I ask: given that the minister holds a number of shares from one of engagement to real partnership. Earlier this which pose a direct conflict of interest with his year I announced the government’s decision to establish

QUESTIONS WITHOUT NOTICE

6158 ASSEMBLY Wednesday, 7 December 2011 a new Victorian representative office in Mumbai, the Melbourne’s trams recorded their best quarterly financial powerhouse of the Indian economy. This punctuality for at least a decade in the September followed the government’s successful trade mission in quarter of 2011, with 82.6 per cent of trams officially April involving some 60 companies led by the Minister on time when averaged at monitoring points along each for Innovation, Services and Small Business. Business route. The tram result was a 1.6 per cent improvement opportunities already identified from that mission are on the June quarter of 2011. V/Line’s country trains anticipated to facilitate in excess of $60 million of recorded their best punctuality for two years, with additional exports, $19 million in capital investment 88.4 per cent of trains arriving officially on time in the and hundreds of jobs. September 2011 quarter, which was 3.6 per cent better than in the same quarter of 2010. Also 94.2 per cent of We are about to significantly ramp up this activity, and Melbourne’s buses were officially on time in the I can announce today that in February next year I will September quarter of 2011, up from 93.8 per cent for lead a super trade mission to India involving more than the September quarter of 2010. Satisfaction with 100 companies and organisations. It is anticipated this Melbourne’s taxis — — will be Australia’s largest ever trade mission to India. The mission will focus on Victoria’s strengths, and will Honourable members interjecting. cover nine sectors — education, ICT, aviation, automotive, sustainable urban design, clean technology, Mr MULDER — You hate good news! agriculture, food and beverage, tourism and life sciences. The mission will showcase and promote Ms Richardson — On a point of order, Speaker, as Victoria’s industry to the Indian economy and much as I enjoy watching the minister dig his own showcase industry capabilities. grave, I would ask that the document that he is copiously reading from be tabled, as he is quoting from This is an opportunity which will provide Victorian it directly. businesses and organisations with the chance to connect with Indian leaders in industry, business and the The SPEAKER — Order! Are they the minister’s government. The mission will commence in Delhi and notes? It is a media release. Do we want the media extend to other centres such as Bangalore, Mumbai, release tabled? Hyderabad, Chennai and Pune. The mission is yet Ms Allan — Yes. another important step in growing Victoria’s already strong relationship with India, and it will generate The SPEAKER — Order! We will have the media substantial new opportunities for business, export and release tabled. jobs for Victoria. Mr MULDER — I thought the opposition Public transport: government performance spokesperson would have read the media release. It would have saved the putting forward of an Ms RICHARDSON (Northcote) — My question is embarrassing question. Passenger satisfaction with to the Minister for Public Transport. I refer to Melbourne’s taxis rose for the second quarter in a row revelations in the Herald Sun today that in the last four to 59.4 index points — — weeks, 1165 train services have been cancelled, and I ask: how does the minister reconcile this with his Mr Nardella — On a point of order, Speaker, I ask claims that this is a golden era for public transport? you to bring the minister back to answering the question. It was not about taxis; it was specifically Mr MULDER (Minister for Public Transport) — I about train cancellations. thank the member for Northcote for her question. In relation to the current performance of public transport The SPEAKER — Order! I believe that the here in Victoria, as has been reported earlier, we have question was in regard to the reliability of public seen a considerable improvement in relation to that transport, and in that case the answer is relevant to the performance, particularly over recent months. I can question that was asked. report to the house that the September quarter public transport performance results show a significant rise in Mr MULDER — User satisfaction with metropolitan train punctuality, with 90.3 per cent of Melbourne’s trains rose significantly from 58.7 index trips officially on time, a rise of 7.9 per cent compared points in the June quarter of 2011 to 62.3 index points with the June quarter of 2011. in the September quarter of 2011.

QUESTIONS WITHOUT NOTICE

Wednesday, 7 December 2011 ASSEMBLY 6159

We have said all along that we know there is a lot of our in-valley target by 13 gigalitres at this stage. With work to do to clean up the mess that was left behind. the commitments we have to the commonwealth over What we are saying is there has been gradual the water infrastructure projects in northern Victoria improvement, and that is what we are looking for. In and the commonwealth purchases that have already relation to the cancellations, there is an issue in relation taken place, Victoria has exceeded its in-valley target to Metro Trains Melbourne not having a sufficient for the draft plan by 13 gigalitres. The key debate from number of drivers on the network. It takes more than a Victorian point of view is around 970 gigalitres, 12 months to train a driver. The driver shortage sits which is the end-of-system target that has not been fairly and squarely at the hands of the former Labor achieved at this stage. The draft plan does not outline government. Metro is currently undertaking a massive where that water is going to come from, whether it will recruitment program. It has drivers in training as we come from Victoria or New South Wales. speak. A number of those drivers will be rolled out in the new year, and we will see an improvement in the From our point of view we believe there should be number of drivers on the network and also a reduction equitable sharing across all the jurisdictions, and in cancellations caused by this problem. Victoria should not be targeted in this case. Craig Knowles, the Murray-Darling Basin Authority chair, I also point out an issue that is quite a serious matter. has talked up the possibility of achieving this There are a number of drivers taken out of the network end-of-system water with environmental works and because of an increase in the number of suicides. That measures to enhance environmental outcomes, with has had a massive impact on train cancellations. Drivers more efficient water use and better management of the are entitled to take leave when these sorts of Murray River and the Murrumbidgee River resulting in circumstances occur. There has been a massive increase water savings. Our view is that if Craig Knowles in the number of these extremely sad events, and I sit actually believes what he has been out there saying — with the drivers. If this happens, I believe they are and far be it from me to say he is not right about this entitled to take leave. It is unfortunate that the driver particular issue — then that 970 gigalitres should come pool was kept to a minimum under the former out of environmental works and measures and better government. We have taken this issue up with Metro, river management, not from the purchase of more water and we have an undertaking that this matter will be for food producers in Victoria. addressed in the new year. After the release of the draft report, an Age article Murray-Darling Basin: federal plan stated:

Mr WELLER (Rodney) — My question is to the Grant Davies, the outgoing chairman of … the Murray-Goulburn dairy cooperative, says further water cuts Minister for Water. Can the minister outline to the would rock confidence in the industry and the region. house the ramifications of the proposed Murray-Darling Basin plan on the communities in northern Victoria? As a dairy farmer, Mr Davies said the future of the cooperative’s three processing plants could not be Mr WALSH (Minister for Water) — The draft guaranteed if milk supply dropped because of water Murray-Darling Basin plan was released by the reductions. Murray-Darling Basin Authority last Monday, 28 November. We can all remember October 2010, There will be a major impact not only on northern when the guide to the draft plan was released and when Victoria but on the whole Victorian economy if more there was community outrage about the amount of water comes out of food production. We know that the water that was going to be taken out of what was dairy industry is the single largest export user of the available for consumptive use. Last Monday’s plan is Melbourne port, and we do not want to see that industry similar to that guide to the draft plan of 12 months ago. suffer any further. The only key difference is that there is a new salesman, and that new salesman is Murray-Darling Basin The draft plan is now out for a 20-week community chair Craig Knowles, but it is the same second-hand car consultation process, as defined in the commonwealth that he is trying to sell. Water Act 2007. I would encourage everyone to engage in that process. Craig Knowles is having a series of The draft plan proposes to take 2750 gigalitres of water meetings in Shepparton next Monday and Tuesday. from that for consumptive use, but that number is made There will be more meetings across northern Victoria up of two components. The first is what is called an over the 20-week period. I would encourage everyone in-valley component. From Victoria’s point of view who has an interest in this to go along and put their that is 650 gigalitres of water, and we have exceeded views and concerns forward so they are well heard.

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I am very disappointed that the Greens have already In terms of domestic visitation, domestic overnight come out and said they will oppose the plan no matter expenditure in Victoria increased by 5.9 per cent to what. They have dealt themselves out of the game and $9 billion. Regional Victoria also experienced very shown how irresponsible they are on this particular strong growth in tourism, and regional Victorian issue. From the Victorian point of view we want people expenditure has hit $4 billion for the first time on to engage in and be part of the process. Let us see record. Domestic overnight expenditure in regional whether we can achieve a balanced plan that delivers Victoria grew by 5.2 per cent. Today we have seen social, environmental and economic outcomes for international visitation statistics released, and what we Victoria and that gives some certainty to the people of have seen is a very good performance over the last year northern Victoria who have been through a decade of in terms of international visitation. drought and a lot of uncertainty around water reform. International overnight visitors to Victoria increased by VicForests: board appointment 9 per cent to 1.74 million for the year and international visitor expenditure in Victoria grew by 9 per cent to Mr ANDREWS (Leader of the Opposition) — My $4.2 billion. One of the reasons Victoria has such great question is to the Premier. I refer to the recent success in tourism is, of course, the government’s appointment of the Premier’s brother-in-law, events strategy. We have secured — — Mr Graeme Stoney, to the board of VicForests, and I ask quite directly: did the Premier leave the cabinet Honourable members interjecting. room when this appointment was discussed and made? Ms ASHER — I am prepared to concede success. Mr BAILLIEU (Premier) — The Leader of the This Victorian major events strategy was devised by Opposition has asked this question before, and I say former Premier Jeff Kennett, and I congratulate him on again that all the appropriate measures were taken. All that. We have secured a range of events since coming to the appropriate proprieties were observed. office, and the economic benefit of those events will be in the order of $200 million. Mr Andrews — On a point of order, Speaker, the Premier was asked a question about whether he left the I am delighted to announce today the fact that a Davis cabinet room. I cannot see why he would refuse to Cup tie has been secured for Geelong. This is fabulous answer that. It is a very simple question: was he in the news. It will be Australia versus China. I thank the room or was he not? That is a very simple question, and member for South Barwon for all the work he has done I would ask you to draw him back to the question. behind the scenes along with a member for Western Victoria Region in the other place, David Koch. This The SPEAKER — Order! The Premier has event will be held at the Geelong Lawn Tennis Club, concluded his answer. and there is an anticipated economic benefit of $1.2 million. Honourable members interjecting. Last night another event, LA Galaxy versus Melbourne Tourism: government achievements Victory, was held here, with an economic benefit of $2 million. We have attracted a range of events, Mr KATOS (South Barwon) — My question is to including the World Snooker Tour event, which the the Minister for Tourism and Major Events. Can the member for Bendigo East should welcome, in 2011 and minister update the house on recent coalition 2013. We have secured the Women’s Australian Open government tourism successes? golf event in 2012 and 2015. We have secured a Rugby Ms ASHER (Minister for Tourism and Major Union events package of five events. Events) — I would like to thank the member for South We have secured a range of events in the theatre. We Barwon for his question and for his ongoing interest in have secured King Kong, Ghost and War Horse. All of the many successes that Victoria is having in tourism. these are events that we have secured since the change According to the latest national visitor survey results of government. They will give an economic benefit of Melbourne continues to attract more interstate over $200 million to the state of Victoria. The coalition overnight visitors than either Sydney or the Gold Coast. is delivering for Victoria. The coalition is delivering in Interstate overnight visitation for Melbourne grew by tourism, and it is delivering real results and real jobs in 5.2 per cent to 4.2 million visitors, whereas in tourism. comparison Sydney recorded 3.8 million visitors in the same year. Mr Hulls interjected.

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The SPEAKER — Order! The member for Niddrie Ms ASHER — I acknowledge that this is a serious is on a warning! question, and if the opposition will stop taking points of order, I will explain what I have done on the matter of Ms ASHER — It is a shame that the Deputy Leader my husband’s directorship of Mayne Pharma. As I said, of the Opposition is not more interested in these real my husband is a director of Mayne Pharma, and jobs. because I hold a portfolio in the industry area, I accepted that this could possibly give rise to allegations Minister for Innovation, Services and Small of a conflict of interest. In order to make sure that Business: company directorship would not happen I wrote to the Premier in January — I think that was the date of the letter — and advised him Mr MADDEN (Essendon) — My question is to the that I would not be handling anything in my portfolio to Minister for Innovation, Services and Small Business. do with pharmaceuticals; not one thing in my portfolio. Given the minister’s husband, Mr Ron Best, is a Not one thing do I handle in my portfolio in the director of Mayne Pharma and given the minister’s pharmaceutical industry, because my husband is a portfolio responsibilities include providing support to director of Mayne Pharma. the pharmaceutical industry, what steps has she taken to ensure that any conflicts of interest, both real and On top of that, I might inform the member for perceived, are dealt with appropriately? Essendon, who does not declare the details of his investments, that I also wrote to my departmental Ms ASHER (Minister for Innovation, Services and secretary, Mr Howard Ronaldson, and advised him that Small Business) — I thank the member for Essendon I would not handle any matters relating to the for his question. I note that one of the reasons he is able pharmaceutical industry in my portfolio. to understand that my husband is a director of Mayne Pharma is because I have declared it on the pecuniary Mr Andrews — On a point of order, Speaker, I am interests register, unlike the member for Essendon, who interested in the minister’s answer; I am also interested simply declares a Madden investment trust and a in a media release in which she is quoted announcing Madden superannuation fund. I have declared all grants to a pharmaceutical company, Ascent details — — Pharmahealth, of $250 000.

Ms Allan — On a point of order, Speaker, the The SPEAKER — Order! We do not take minister is clearly debating the question. The question supplementary questions. I do not uphold the point of did not relate to the member for Essendon; it was totally order. to do with the minister’s own interests. I ask you to draw her back to answering the question. Ms ASHER — Again I indicate to the member for Essendon, who asked the original question and who did The SPEAKER — Order! The question related to a not take that point of order, that I have never signed off company directorship held by the minister’s husband, on a grant. I have not signed off on a grant. There is a and I believe she was explaining the issues in some world of difference between something in a media detail. I do not uphold the point of order. release and actually signing off on a grant. Again I reiterate that I do not handle, sign off or allocate money Ms ASHER — Again, I make my point that I have to pharmaceutical companies; I do not do that. All declared absolutely everything that I own and that my matters relating to pharmaceuticals in my department husband owns. are handled by the Minister for Manufacturing, Exports Mr Andrews — On a point of order, Speaker, the and Trade, the Honourable Richard Dalla-Riva. question related not to the declaration that the minister Contaminated sites: former government has made, and we are happy to acknowledge that the minister has made it; the question related to what steps performance she has taken to manage any real or perceived conflict Ms WREFORD (Mordialloc) — My question is to of interest. It is a serious question, and the minister the Minister for Environment and Climate Change. I should be directed to answer it in accordance with the refer to the Auditor-General’s report into managing standing orders. contaminated sites, which was tabled earlier today. I The SPEAKER — Order! It is a very serious ask the minister for his reaction to comments about question. I do not uphold the point of order because the delays in dealing with contaminated sites over the last answer was relevant to the question that was asked. decade.

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Mr R. SMITH (Minister for Environment and I am very pleased to say that in that last year the Climate Change) — I thank the member for Mordialloc Baillieu government has engaged in the process of for her question and for her keen interest in turning around this tide of neglect that occurred under environmental matters. The Victorian government Labor in favour of deliberate, strategic action to fix the acknowledges the findings of the Victorian problems as we committed to the people of Victoria to Auditor-General’s report, which was handed down do. today and which documents in embarrassing detail the 11 years of environmental neglect that was permitted to Currently $5.4 million has been allocated to address continue by the former Labor government. Rather than these sites, with the Auditor-General recognising that dealing with the hard issues that were raised over that $2 million of those funds is already being used to decade, that government instead chose to procrastinate address the problems cited in case study A of the report. with a series of reports leaving communities vulnerable The Baillieu government’s actions do not stop there. and the environment at risk. Under our government the Environment Protection Authority has been instructed to conduct a The failures of the former Labor government are comprehensive contaminated environments review and evident in the report, and I would like to start by to develop a risk management tool for contaminated quoting from page 30 of the Victorian sites which will address the Auditor-General’s third Auditor-General’s Office report with reference to the recommendation and which will enable the EPA to handling of orphan sites by the former government. It develop a standardised risk-based approach to states: prioritising contaminated sites.

Issues around the management of orphan sites have been The Victorian community should be confident that we known for at least 11 years, particularly in relation to the lack in the Victorian coalition government, unlike those of responsibility and gaps in the legislation with a range of recommendations made to address them. However, very little opposite, who did not take those issues seriously, are action has been taken. As a consequence, many of the issues taking things seriously and getting on with the job of remain, especially the potential risks to human health and the managing contaminated land, which will absolutely environment. protect the environment and the health of Victorians. The report goes on to say that the Auditor-General Former deputy commissioner of police: meeting made recommendations to Labor ministers on four separate occasions over successive years with none of Mr ANDREWS (Leader of the Opposition) — My them being addressed adequately. For instance, on question is addressed to the Minister responsible for the page 31 of the report it is revealed that in 2000 it was establishment of an anti-corruption commission. I refer recommended that the former Labor government the minister to his answer in this house on resolve issues of liability, implement a mechanism to 23 November in which he claimed he first became inform potential buyers and new property owners of aware of the 14 May 2011 meeting between Sir Ken land status and set up an interdepartmental committee Jones, the member for Benambra and Tristan Weston to develop an orphan site protocol. None of these only when the Office of Police Integrity report was recommendations was delivered on. tabled, and I ask: given that it would seem this came as a complete surprise to the member for Benambra, does In 2001 it was recommended that the Labor the minister still stand by this statement? government develop a communication strategy for orphan sites, develop protocols to address orphan sites Mr McINTOSH (Minister responsible for the and establish roles and responsibilities for the cleaning establishment of an anti-corruption commission) — I up of orphan sites. Again, this was not actioned. In thank the Leader of the Opposition for his question. 2003 the Labor government was advised that the Yes, I stand by my answer. prioritised site register was not adequate and that there were no legislative mechanisms for the cleaning up of Boating: safety orphan sites. Again no action was taken. In 2004 it was recommended that the Labor government conduct an Mr BURGESS (Hastings) — My question is to the investigation into the mandatory reporting of these Minister for Ports. Can the minister advise the house of sites. Again, unbelievably, no action was taken by those government action to improve safety on our opposite. waterways?

In the audit summary the Auditor-General said: Dr NAPTHINE (Minister for Ports) — I thank the member for Hastings for his question and for his Framework weaknesses have been known for at least 10 years, yet action to systematically address them began only interest in marine safety. Boating is a great recreation within the last year. that is enjoyed by thousands of Victorian families. Recent weather conditions have meant that many of our

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Wednesday, 7 December 2011 ASSEMBLY 6163 inland waterways — our lakes, rivers and streams — vital that people wear life jackets when on our now have water in them, which will inspire many more waterways. Victorians to get out the boat, get onto our waterways and enjoy recreational boating, fishing, waterskiing, In conclusion, boating is a great recreation, and the sailing and a number of other boating activities. The coalition wants people to enjoy our waterways. We coalition encourages Victorians to participate in these have great waterways in Victoria — there is the length great recreational activities, but we want all boaters to and breadth of our coastline and our inland return home safely at the end of their day out. waterways — but we want all our boaters to return home safely from their day out to enjoy time with their I am therefore pleased to say that on Monday, with families. Transport Safety Victoria, I launched the summer boating safety campaign. This campaign will involve Transport Safety Victoria officers working with the PUBLIC PROSECUTIONS AMENDMENT water police to ensure that people are safe on our BILL 2011 waterways. Officers will be at boat ramps, jetties and beaches along the coast and inland waterways, talking Second reading to boaters and advising them of the absolute need to Debate resumed. have life jackets and good buoyancy in their vessels and to follow safety rules on the water. Ms MILLER (Bentleigh) — I rise to speak on the Public Prosecutions Amendment Bill 2011. This bill Since 2005 we have had 260 or more incidents of essentially makes a change to existing policy that will capsizing, flooding and swamping that have put lives at effectively make the prosecution process more efficient risk, and tragically there have been 24 fatalities on our and thorough. The bill will refine the existing waterways. The government is therefore absolutely arrangements in the principal act to support a determined to do everything it can to improve safety on responsive and effective prosecution service in the state our waterways. At the same time the government is of Victoria. It will realign the existing role relationships updating the marine safety regulations to implement the involving the Director of Public Prosecutions in the Marine Safety Act 2010. That act was passed by the performance of his or her functions and powers under previous government, and I give recognition to the the principal act. member for Tarneit, the former Minister for Roads and Ports, for his work in having the Marine Safety Act Essentially the bill is a legislative response to the passed and in doing the original work on the marine government’s commitment to amend the Public safety regulations. Prosecutions Act 1994. The government is delivering on its election commitment to amend that legislation, The marine safety regulations have been the subject of and this will refine the existing relationships between widespread consultation in the community, and as the Director of Public Prosecutions (DPP), the solicitor minister I doubled the consultation period. It is for public prosecutions (SPP) and the chief Crown therefore disappointing to read a wildly inaccurate prosecutor (CCP). As I said, this will make it a more article in today’s Weekly Times. I will make very clear a thorough and efficient process within which the people few points contrary to the assertions made in that in those roles can do what they do. article. The new marine safety regulations will not make any changes to the cost of a recreational boating In May 2011 the Attorney-General announced that the licence in Victoria; nor will there be any change to the structure, operations and management processes of the process for obtaining a boat licence. public prosecutions service would be revised, and that is exactly what we are doing. Labor failed to do I am also advised that the overall number of offences in anything about this, and it has taken the Baillieu the new regulations will not increase but will decrease government to identify that Victoria needs this reform. from 70 to 50 — there will be a reduction in the That is exactly what we are doing; we are getting on number of offences. The coalition government makes with the job. Unfortunately our predecessors were not no apology whatsoever — and I am sure the member able to do that. for Tarneit and the opposition would agree with me on this — for proposing increases in some penalties for In order to ensure the seamless ongoing operation of the dangerous and unsafe behaviour on our waterways that public prosecutions service, the bill will include puts lives at risk. Some of those offences relate in transitional arrangements to preserve the basis and particular to the failure to wear a flotation device — a terms of appointment of the current SPP and ACPs life jacket. Life jackets save lives, and it is absolutely (associate Crown prosecutors) for the duration of their

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6164 ASSEMBLY Wednesday, 7 December 2011 appointments. It is important to acknowledge that. It the reappointment of the SPP will allow for greater refines the existing arrangements in the Public flexibility and may encourage SPPs to remain in the Prosecutions Act 1994 to clarify the role relationships public prosecutions service. The government is between the Director of Public Prosecutions, the chief committed to enhancing Victoria’s public prosecutions Crown prosecutor and the solicitor for public service after the difficulties of recent times, which have prosecutions. The bill also revises the role of associate reinforced the need for this amendment to the act. The Crown prosecutor and will remove the minimum term bill will also build on the strengths of the current act of reappointment for senior Crown prosecutors in and ensure the continuation of the important and certain circumstances. valuable work of the Victorian public prosecutions service. That is important to the Victorian public and is The bill gives the Director of Public Prosecutions new well worth noting. functions under the act. It transfers functions from the Committee for Public Prosecutions to the Director’s The bill will revise the existing arrangements in the act Committee, which will be composed of the DPP, the to support a responsive and effective public CCP and the SPP. This essentially abolishes the prosecutions service for the state of Victoria. Why is Committee for Public Prosecutions. The bill also makes this necessary? As I said earlier, the legislative response consequential amendments to the Public Prosecutions to the government’s commitment to amend the Public Act 1994 and the Public Administration Act 2004 to Prosecutions Act 1994 is to refine the existing provide for transitional arrangements. These changes arrangements, including the relationships between the will make the prosecutions process more efficient and Director of Public Prosecutions, the solicitor for public thorough. It will honour our election commitments, prosecutions and the chief Crown prosecutor. This is particularly in the area of law and order. important. The Attorney-General has identified that it is important that we as a government make these changes. We have learnt, certainly over the last 12 months, that It is important for the people of Victoria. The crime rates are on the rise. In Moorabbin, which is in realignment of these roles in a more streamlined system the city of Kingston and part of which is in the and format will enable a more thorough and efficient electorate of Bentleigh, the crime rate has increased. service. We have a backlog of people who need to be There could be several reasons for that. It could be dealt with by the courts. This is one step in making sure because Labor failed to acknowledge and report on that there is no significant delay or obstruction to this crime, it could be that Labor failed to allow accurate process. statistics to be made available to the Victorian public or it could be that Labor simply failed to acknowledge that In order to ensure the seamless ongoing operation of the crime existed. public prosecutions service, the bill includes transitional arrangements to preserve the basis and terms of The coalition committed to being open and transparent. appointment of the current SPP and ACPs. We are making these statistics available to the Victorian public. We are making Victorians aware of the crime Finally, the bill will refine the existing arrangements that is currently taking place, and we are doing under the act to support a responsive and effective something about it. We have identified the problem, prosecution service for the state of Victoria and will and we are fixing it. Part of fixing the problem will realign the existing roles and responsibilities to assist involve putting more police on Victorian streets and the Director of Public Prosecutions in their putting protective services officers at railway stations. performance, which will be of benefit to the taxpayers That will also incorporate transitional police. These of Victoria and, I am sure, the judicial system. I little steps will collectively contribute to a greater commend the bill to the house. goal — making sure that all Victorians are safe and can go about doing what they want to do, where and how Mr LANGUILLER (Derrimut) — It is a pleasure they want to do it, in a safe and timely manner. for me to rise and speak on the Public Prosecutions Amendment Bill 2011. At the outset I say that Labor I turn back to the bill. By making these changes and will not be opposing this bill. I take this opportunity to streamlining the process, the bill will enable a more commend the work of the shadow minister, the member effective and efficient public prosecutions service. It for Altona, who is doing a fine job in holding this will not cost as much money, so it will not be as government, particularly the Attorney-General, to expensive for taxpayers. This is important. The current account. I commend her for explaining to Victorians the minimum term of reappointment for the SPP is provisions of bills, some of which are more important 10 years, and a shorter term of reappointment cannot be than others. On occasion, as with this bill, she has accommodated. The removal of the minimum term for showcased and highlighted that what is behind the bill

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Wednesday, 7 December 2011 ASSEMBLY 6165 is not much. In fact the changes contained in this bill prosecutors (CPs), including the senior CP; the are just cosmetic. Whether or not the bill is important, associate Crown prosecutor (ACP); the solicitor for we need to deal with it. public prosecutions; and the Office of Public Prosecutions, which is an important one. There we have Labor believes the changes contained in the bill are it. I have managed to work through it. mainly cosmetic, and that analysis is supported by a media release put out by the Office of Public Mr Shaw interjected. Prosecutions, which describes the changes as business as usual, so this is a business-as-usual bill. I will refer to Mr LANGUILLER — I am beginning to sound that media release dated 25 October entitled ‘Business like the member for Frankston. I have probably listened as usual for OPP’. Do you not find acronyms to him too often. Anyway, I am getting there. On a interesting, Speaker? I certainly do. As a non-legally serious note, the bill is important notwithstanding the trained layman I find the bill challenging, but we will fact that the changes are just cosmetic. Labor will not work through it. This interesting media release oppose the bill as the changes are mainly cosmetic, describes the legislation being introduced into state Acting Speaker — Speaker, I beg your pardon; one of Parliament as refining the role of the Director of Public your party actually called you Acting Speaker, and I Prosecutions, otherwise called the DPP, and the say to that member to be very careful; I respect your relationships between the DPP, the chief Crown office and of course you as the Speaker. prosecutor — otherwise called the CPP — and the solicitor for public prosecutions, otherwise called the The SPP has already put out a media release, which I SPP. Let us follow that! Sometimes members on the talked about before. I understand the department other side complain when we talk about the CFMEU confirmed that the CPP almost always acts as the DPP RDO and ask, ‘What on earth is that?’. That stands for in the DPP’s absence anyway, so the change is about the Construction, Forestry, Mining and Energy Union time and paperwork. The briefing also confirmed that rostered day off. The lawyers — and I am not one of there is no change to the CPs and ACPs. The only them — certainly create a minefield when they talk change of substance that I can identify — and indeed about the DPP, the CPP and the SPP, and I understand the member for Altona, as always, has brought this why they do that. Anyway, coming back to the media matter to our attention, as meticulous and thorough as release, it quotes the solicitor for public prosecutions, she is in her work in holding that mob opposite to Craig Hyland, as having said that the important work of account — is the move from the ACPs being GIC the Office of Public Prosecutions will continue as usual: appointments to their being public service employees, which will mean slightly lower pay for them, but not, I ‘Our annual report to be tabled this week shows that the OPP understand, for incumbents: on average it is down from has achieved strong outcomes right across the board in the $140 000 to $120 000, plus superannuation, of course. past 12 months, including an increase in guilty pleas resulting Perhaps there will be less job security and more in proportionally fewer matters going to trial’, he said. authority for the DPP. ‘Building on the good results of the last financial year the bill enables us to continue business as usual’. Very seriously, none of these changes would have made the slightest difference to what transpired in The proposed legislative changes are a result of the Vincent relation to Rapke. In the same way that Bongiorno was inquiry and the subsequent 2011 review conducted by the Department of Justice. undermined by the former Liberal government, Rapke was the subject of an unrelenting campaign, egged on Mr Hyland said the Public Prosecutions Amendment Bill by the then opposition, which continued to undermine 2011 retains the key roles and functions established by the him in government. We do not know exactly why current act, including the separation of the prosecution and support functions. It creates an integrated ‘public prosecutions Rapke resigned; we do not know whether he was service’ under the DPP. pushed by persons close to government. The government has yet to release the Vincent report. We As Ann Strunks of the Office of Public Prosecutions are waiting and look forward to that. Those who said in that media release dated October 2011, it is complained about Rapke did so anonymously. He had business as usual. no chance to respond, and he was provided no support by the minister. The campaign against Rapke bears a The bill confirms the Director of Public Prosecutions as striking resemblance to the campaign waged in the the head of the public prosecution service and as a minister’s office against the Chief Commissioner of Governor in Council (GIC) appointment. It defines the Police. It is business as usual. prosecution service as the DPP; the chief Crown prosecutor, otherwise known as CPP; Crown

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The legislative changes will make not a jot of the first time the Director of Public Prosecutions as the difference whilst the minister and his staff believe it is head of the public prosecutions service. It will provide a okay to wage media campaigns against incumbents of mechanism for coordination and consultation between statutory offices as important as these ones are, with the the Director of Public Prosecutions, the chief Crown purpose of undermining them and making their position prosecutor and the solicitor for public prosecutions. untenable. The legislative change is only cosmetic. We do not oppose the bill, but I want to put on the record One thing that got me was some very interesting words that the sad part about the campaigns waged by the in the bill which represent an issue that is quite often government against Rapke and Overland is that they missed by members on the other side unless we bring it worked. These campaigns — unfair as they are and up. The bill talks about an ‘effective, economic and unsubstantiated as they are, with no evidence, no efficient manner’. Those are three ‘e’ words that are not reason, no justification; they were guilty of nothing, to understood by the opposition: efficient, economic and our knowledge — went on and confirmed the effective. We on this side of the house like those three unfortunate media strategy employed during World ‘e’ words. We want to be economic. War II: that if you lie a thousand times, that lie becomes true. That is exactly what happened to Overland and, to I was reading just the other day that our court cases are our knowledge, Rapke as well. It is conceivable that a far behind those in New South Wales. Would we not future circumstance could be made worse by removing want an efficient system that allows those proceedings the Attorney-General’s oversight of ACP appointments. to go through? In my maiden speech in this place I With those few remarks I reiterate that Labor does not mentioned that when pizza gets to your place quicker oppose this bill. than police, something must be done. We are doing something about that. I also mentioned that when Mr SHAW (Frankston) — I congratulate the criminals get a light sentence and victims a life Attorney-General on bringing forward another bill, the sentence, something needs to be done, so it is great to Public Prosecutions Amendment Bill 2011, that will see the Auditor-General and our side of the house doing unravel some of the stuff done by the previous something about law and order, doing something about Attorney-General and enact our election commitments, crime and doing something about justice. especially in the area of law and order. I have talked a fair bit in this place about law and order, which is very The bill will also refine the existing arrangements in the important to Frankston. In fact Frankston has received act to clarify the roles of and relationships between the the largest allocation of police officers of anywhere in DPP, the chief Crown prosecutor and the solicitor for the state in the first year of this government. There have public prosecutions. The bill will provide the DPP with been 46 police allocated to Frankston in this first year, new functions in relation to the public prosecutions which is exactly what we were crying out for in service. One of those functions will be to be the head of Frankston. Someone mentioned crime rates earlier, and the public prosecutions service. I will quote from this week’s Frankston Standard The bill will also revise the role of the Director’s Leader, which says, ‘Frankston is becoming safer’ Committee, which will assume certain functions of the according to the new crime figures that show police are Committee for Public Prosecutions in relation to the winning. That is a fantastic result for our government operation of the public prosecutions service. Some of and for our suburb. Frankston recorded a 4 per cent those functions are — I will just name a couple of overall decrease in crime between October last year and them — to give directions to members of the police September this year. I am very pleased with that. force and other persons in relation to the offences or On that note I will now get on to the bill. The bill is classes of offence that are to be referred to the Director about law and order, and having enough police is part of Public Prosecutions and to establish guidelines on of it. Another part of it is the end part. After police do the circumstances in which a decision that may fall their job and a matter gets to court we are talking about within the definition of ‘special decision’ is not to be public prosecutions. Quite often we will see different treated as a special decision for the purpose of the act. cases in the media where it seems injustice is occurring, With those few remarks, I commend the bill to the and we also see incidents where in the public’s eye, house. justice is not just delayed but is not being delivered. Ms HALFPENNY (Thomastown) — I rise to make The key objective of this bill is to clarify the roles of some comments on the Public Prosecutions and relationships between the Director of Public Amendment Bill 2011, which is before the house. As Prosecutions (DPP), the chief Crown prosecutor and the has been stated by previous speakers from the solicitor for public prosecutions. The bill will define for opposition, we are not opposing this bill — —

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Mr Wynne interjected. legislate. Now it is just going to get out the rubber stamp and tick another superficial box to look like it is The SPEAKER — Order! The member for actually doing something important. Richmond! We still have not seen the Vincent report. We do not Ms HALFPENNY — But I would like to make a know if there are recommendations in that report, and if few points on the legislation and the context in which it so, whether those recommendations are in fact covered has been introduced. The bill comes to this house by this bill. So much for scrutiny and transparency! I following the very public controversy surrounding the am afraid that we need to see the Vincent report, and Office of Public Prosecutions over the past year. In fact we can only hope that some of that giftwrapped the Attorney-General in his second-reading speech on transparency finds its way under the Premier’s this bill stated that it delivers on a key component of the Christmas tree this year and that we get a copy of the government’s commitment — — report. Given the context of this bill I think is it relevant to ask the government to release the Vincent report so Honourable members interjecting. that we can all see and scrutinise it.

The SPEAKER — Order! The member for We will not be opposing this bill, as previous Frankston and the member for Richmond! If members opposition speakers have said, because it contains some want to argue about this, they should go outside the positive measures. However, members on this side of chamber and do it. The member for Thomastown is on the house are left wondering if the events that her feet now making her contribution. I would like to surrounded the Office of Public Prosecutions earlier in hear what she has to say. this government’s term are all adequately addressed by Ms HALFPENNY — As I said, the the measures in this bill. I think a great many Attorney-General in his second-reading speech on the Victorians, including, I imagine, many in the legal bill stated that the bill delivers on a key component of profession, are pretty concerned about this bill retaining the government’s commitment that Parliament act to what is becoming the status quo and about this enhance Victoria’s public prosecutions service ‘after government’s interference, undermining and the difficulties of recent times’. This government, mistreatment of some senior public officials which have following the departure of the former Director of Public been considered business as usual. In the first year of Prosecutions, Jeremy Rapke, QC, promised an inquiry this government we have seen repeatedly the usual way and actions to fix whatever problems the inquiry it does business in relation to senior public officers, recommended, along with bundles of giftwrapped especially in the law and order field. It is characterised transparency, but what we have before us is a bill that by plots, unanswered questions and a desperate plea clarifies a number of arrangements and makes some from ministers to Victorians to take them at their word small changes to the authorities around recruitment and and take their eyes off scrutiny. retention of senior staff in the Victorian public There are measures in this bill which clarify who prosecutions framework and not much more. These authorises the recruitment of a number of senior measures are all well and good, particularly the change prosecutors in Victoria. This is welcomed, because to allow retiring senior Crown prosecutors to be members on this side of the house hope the government retained in the system for periods of less than 10 years. will at least obey its own rules when seeking to meddle I certainly hope this allows Victoria to benefit from in the public service in the future. No doubt senior their experience and expertise for that little bit longer. lawyers and police in Victoria will also share that hope.

But after all of the upheaval of the past year and all of Debate adjourned on motion of Mr McCURDY the promises and fuss, we have got before us a bill (Murray Valley). which the Office of Public Prosecutions itself has described as ‘business as usual’. What a let-down! Debate adjourned until later this day. After the departure of the last Director of Public Prosecutions in such controversial circumstances — so controversial as to warrant an inquiry — we have this bill, which is predominantly just dotting a few i’s and crossing a few t’s. After all the controversy, secret reports and inquiries there is nothing of any substance here — just some minor changes and clarifications, just a little bit of a bill because the government said it would

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CHILDREN’S SERVICES AMENDMENT implementation and management of the framework so BILL 2011 there could be consistency in both the licensing — —

Second reading Mr Mulder interjected.

Debate resumed from 8 November; motion of Mr DONNELLAN — Well I am learning from the Ms WOOLDRIDGE (Minister for Mental Health). Minister for Public Transport how to read very well from his press releases. Mr DONNELLAN (Narre Warren North) — It is an honour to speak in the debate on the Children’s Mr Wynne — He just works off a press release. Services Amendment Bill 2011. This bill has been a long time coming. In December 2009 the Council of Mr DONNELLAN — Yes, just a press release. I Australian Governments agreed to the national have a little bit more than a press release today, so that partnership agreement on the national quality agenda is a blessing. But a national licensing system also had to for early childhood education and care. It was be established. That was a blessing, because at the end something the last state government pushed for, and it of the day having a standardised licensing system received some support from other state governments across the board, including in New South Wales, and was strongly supported by the federal government. Victoria and all the other states, makes life a lot easier, The intention at the time was that by 2010 all children especially for national providers of care and education would have the best start to life to create a better future in this sector. for themselves and for the nation. Thank God there was Since 6 July 2010 the national law has been not any suggestion of no child ever living in poverty, as progressively implemented in Victoria, and the bill a previous prime minister suggested. We did not want essentially constitutes consequential updates in to be so absolute. It is good that the intent was to ensure preparation for the national law commencing on 1 July that there was a national focus on these agendas. 2012. This national quality framework will cover The former Premier had a keen interest in this area; he around 80 per cent of children’s services and will apply has always had a keen interest in early childhood to long day care, family day care, kindergarten, education and the importance of ensuring the quality of preschool and outside-school-hours care services. It education for children aged between 0 and 5 years, will provide powers to improve child-to-staff ratios, which is vital to the development of kids’ brains, both which I previously mentioned, and minimum positively and negatively. As members would know, qualification requirements for child-care staff. It is and this is relevant to my shadow portfolio, there are important that we both look at the backgrounds of potential dangers from things like domestic violence people — that is, use working-with-children checks, and so forth, but if we have good quality providers of which we introduced — and ensure that they are well education, which is what we are looking for, we can equipped to provide education to young people. As I actually develop a very well-educated community. previously mentioned, the national framework will provide access to quality learning programs and The state government at the time took a leading role in develop the knowledge and skills needed for lifelong the development of the national quality agenda by learning. This is what came out of the original meeting agreeing to host the initial meeting in regard to national of representatives from all of the state governments and legislation. It passed a template law in the Victorian the federal government. Parliament in late 2010 which started off the process. The commitment at the time, as I said, by all Australian We will not be opposing the bill at all; we are governments, was to a new national quality framework supportive of the bill. It will coincide with the for early childhood education and care and school-aged commencement of the national law on 1 July 2012. It care. This is was very much a landmark decision. It separates care providers and the like — there will be provided for the introduction of a quality rating system those who will be covered by this bill, the Children’s based on the national quality standard. It is very Services Amendment Bill, and those who will be important to have a standardised assessment capacity covered by the Children’s Services Act 1996. This bill across the board for all providers of education, care and also clarifies what will come under the national law. I the like. The system resulted in improved staff-to-child understand that currently there are about 4000 licensed ratios — there were specific provisions for certain service providers in Victoria, and of the services ratios to be applied across the board; it meant that staff provided around 80 per cent will be captured under the had to have higher qualifications, which is always vital; national law. The remaining services will continue to be it provided for a new national body to guide the

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Wednesday, 7 December 2011 ASSEMBLY 6169 regulated under the Children’s Services Act 1996, childhood services. I believe we increased investment which makes perfect sense. by about 225 per cent during our term in government. Turning to the period between 1999 and 2010, Labor Where more than one service type is provided in an invested in the area of developing young children’s institution, which is quite common in a kindergarten or brains by ensuring that we put in funding to promote an occasional child-care centre, the federal body will the development of bright and capable young children actually provide the licensing regime so that there will who would vote Labor in the future — we wanted to be only one service approval under national law, and it make sure of that. will not require the kindergarten or occasional child-care centre to go through both a state and a Mr Mulder interjected. federal body. This bill continues a lot of the improvements Labor made to early childhood Mr DONNELLAN — They always say that the investment, and they were quite substantial. I refer bright and capable and the best educated are a little bit specifically to areas of my portfolio and particularly to more left leaning than right leaning. Briefly I turn to things such as Child FIRST. The former Labor some of the initiatives of the previous government. government spent substantial sums ensuring that young Since 2003 we put in $55 million for at least children’s brains could be developed as well as 108 children’s centres, which was a positive measure so possible. We introduced such measures as the specific that we could move them towards to what I consider to domestic violence units of the police to ensure that be the right way of voting — but maybe we will leave every child’s early development was good and that they that one alone for a while. were not damaged by domestic violence. We put in $25 million for at least 405 renovation and Unfortunately under this government there have been refurbishment grants. Those important grants are vital cuts to the area of early childhood services, specifically for kindergartens, because they all run on the smell of in relation to the education department, which is part of an oily rag. Even though my council provides the system for the development of children. There have management for the kinders, the basic infrastructure been funding cuts to VCAL (Victorian certificate of still very much requires community, council and state advanced learning). That is a little bit later than early government assistance. We put $12 million into the IT childhood development, but all these things impact sector and $39 million for other minor capital upgrades upon the development of young children. since 1999. We saw massive increases in funding for kinders, and that is very much where the requirements There were cuts to internet access, which was very of the initial stages of children’s early development are disappointing to Victoria’s kindergartens, particularly met, or you hope they are met. the not-for-profit community-based kinders. Obviously these cuts affected my area, particularly in the city of Obviously this bill will increase the quality of the Casey, which is under the group employment scheme. I education we are providing to kindergarten teachers. think some 22 kinders in my area missed out on internet Funding for kindergarten services in Victoria increased access, which was a bit disappointing. There has not from about $66.1 million in 1999 to $189 million in been any dedicated funding to date in the budget to 2010, so there has been substantial improvement from establish any new children’s centres, which are very the endeavours Labor undertook and from the focus on important, and there really has not been any substantial early childhood education that this government is improvement in investment in kindergarten continuing in its legislative program. Of course it will infrastructure. Locally in my area small grants were depend on what money comes in to support this offered, but substantial work needs to be done in terms legislation in the future, which is so vital. You can have of capital infrastructure in a fair few of my kinders, high standards, high staff qualifications and improved some of which are looking pretty old and worn out. child-to-staff ratios, but if you are cutting other things — like Child FIRST, which has not been so Mr Mulder interjected. much cut as not increased and which is a vital diversionary program in the child protection service; Mr DONNELLAN — Yes, I have got some VCAL funding; and $480 million from the education substantial improvements locally. You cannot do department — you are potentially greatly damaging the everything in a day, Minister. development of children in the long run, and realistically in the long run that damages the economy Mr Mulder — Worn out? of Victoria. Without well-skilled, highly trained Mr DONNELLAN — No, we are looking all right. individuals, future growth in our economy will be Labor has an excellent record of investment in early limited.

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Having said that, let me also say that although house with welcoming arms, it is very reassuring. opposition members support the bill, to a large extent These kinds of child-care services are essential to so its effectiveness will depend on what the current many working families. The coalition government is government puts behind it. What the government puts focused on building strong families, and our role in into early childhood education will ensure national government is to regulate and support these services standards and so forth work in the long run, and that that support Victorian families. they provide the quality, including quality improvements, that is required for early childhood In 2009 the Council of Australian Governments agreed education. to a new quality framework that will streamline standards nationally for our kindergartens, family day Mrs BAUER (Carrum) — I rise to speak in support care, long day care service providers and of the Children’s Services Amendment Bill 2011. On outside-school-hours service providers. The previous 1 January 2012 the Education and Care Services government agreed to this change, and the current National Law Act 2010, which I will refer to from now Victorian government supports this decision. on as the national law, will begin operation. The national law will regulate kindergarten, long day care, This bill therefore concentrates on sections of the outside-school-hours care and family day care services Children’s Services Act 1996 which refer to these in all Australian states and territories. Victorian services child-care organisations. Services that run on a that are not within the scope of the national law will short-term or ad hoc basis, such as an early intervention continue to be regulated under the Children’s Services program or a child-care program at a hotel, fall outside Act 1996 and the Children’s Services Regulations the scope of the national law and will continue to be 2009. The purpose of this bill is to introduce changes to regulated under the Children’s Services Act 1996. our Children’s Services Act 1996 to eliminate duplication, to reduce confusion and to provide clarity The bill in effect eliminates the possibility of between the acts and the national law. kindergartens, family day care and other long-term day care children’s services falling under two separate yet Having been a working mother for some years now, similar pieces of legislation. It is incredibly important, child care is a subject close to my heart. It is important as the national law comes into effect, that child-care that as parents we have the reassurance that when we services are not subjected to double paperwork or place our children in other people’s care there are processes. In this period of change, as our child-care standards in place to ensure that the environment is a industry transitions to the national framework model, it safe, healthy and nurturing one. Equally it is important is important that we protect that industry from that these standards and the legislation are not so unnecessary confusion. We all know that paperwork onerous or complicated for our child-care service and process is a necessary and important part of providers that it significantly impacts on their workload providing a safe and effective child-care service, but it and their stress levels. In my electorate of Carrum we has never been the intention to swamp our dedicated have a range of wonderful child-care services available workers with hours of excessive or duplicate for our families, including kindergarten, day care, paperwork. family day care and occasional care. Many of these are supported or run by the City of Kingston and the In recent years the family day care sector has seen Frankston City Council. The City of Kingston provides numerous reforms and accreditation changes. These support for 24 kindergartens that are managed by parent have been increasingly onerous, particularly for family committees, and it owns 21 of the buildings. day care workers, who have very long days — often working from 7.00 a.m. to 7.00 p.m. They then spend In reference to family day care, the City of Kingston their evenings filling out repetitive paperwork or alone has 60 educators who provide child care for learning course material. For as many as 50 per cent of 550 children from over 500 local families in my family day care workers, English is their second electorate. Similar numbers use the program in the city language, and although their English skills are very of Frankston, with 55 educators looking after good, filling in official forms can be both confusing and 870 children for 590 families. Family day care is a stressful. Some workers have left or tell me they are service provided in a home for up to four children considering leaving the industry, citing the constant under school age. They may also provide for three changing of paperwork and procedures as one of their additional school-age children. As one mother in my main concerns. One professional recently said to me electorate tells me, it is like having a paid grandma. It is that while they applaud the principles of the reforms, always a little heart rending to give your small child to they feel it needs to be acknowledged that the pace and someone else to care for, but if they run into a warm breadth of the reforms has been challenging for them.

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The national law endeavours to streamline processes Since 2003, $55 million has been contributed towards and reduce some of this paperwork. However, even the building of 108 children’s centres. One of the first with significant benefits to be gained from these of those was in South Morang, which is in my improvements it is understandable that many electorate. It was opened by the then Minister for professionals in this industry are apprehensive about Community Services, Sherryl Garbutt. It offers further change. We need to get this bill right so that our maternal and child health services, occasional care and child-care professionals can transition smoothly to the early intervention along with all of the visiting national law with as few teething problems as possible. professionals that preschool children may require. It is a fantastic model that is co-located with some tennis I congratulate the minister and her team on this bill. courts, for which we also made a contribution when in While it reflects the consultative process that was government. undertaken with the industry, it also reveals the methodical and thorough approach taken in comparing The centre is across the road from a brilliant school, two pieces of similar legislation in detail. In particular I The Lakes South Morang P–9 School, which was also note that this bill makes changes to the Children’s built under Labor. This school has a P–4 campus and a Services Act 1996 so that providers who offer different 5–9 campus. The P–4 campus also has a special child-care services — one service falling under national developmental school. Parents’ lives are made so much law and the other falling under Victorian legislation — easier by the co-location of children’s services. That do not have to go through two separate venue approval was the first children’s centre that was built, and I am processes but can be subject to the one national law. really pleased that federal Labor has picked up on this The same method has been applied to the approval policy of children’s hubs and co-location. This is process for educators and child-care service providers. something that Victoria is leading, and it is spreading If a professional meets the requirements under the nationwide. Six of these centres have been funded in national law, then their certifications or approvals will my electorate. There are three operating in South automatically be recognised under Victorian legislation. Morang, Mernda and Doreen, and funds have been These changes get the tick of approval from our current contributed for the upgrade of existing child-care child-care professionals. As members can see from all facilities in Whittlesea. That will become a children’s these examples, this bill allows two pieces of legislation hub, as will the existing facility at Hurstbridge. to fit smoothly together so that all forms of child care in Victoria are regulated by strong and clear legislation As part of Labor leading with those children’s hub and that where an overlap occurs a clear direction can programs, a number of initiatives were raised by be provided. Victoria at the Council of Australian Governments meeting, at which a national partnership agreement on We need our child-care professionals to be focused on the national quality agenda for early childhood our children, to be confident of our support and to be education and care was signed. It was agreed that by clear about the standards and regulations expected for 2010 all children should have the best start to life to our children’s health, safety, education and wellbeing. create a better future for themselves and for the nation. This bill helps to provide that clarity and further supports the industry to positively embrace the As I said, this was led by Victoria, with former introduction of the national standards framework. For Victorian Premier John Brumby and former Minister these reasons, I commend the bill to the house. for Children and Early Childhood Development Maxine Morand, who was an absolute champion in this Ms GREEN (Yan Yean) — I have pleasure in area and took a leading role in the development of the joining the debate on the Children’s Services national quality agenda by agreeing that Victoria would Amendment Bill 2011. In government Labor had a very be the host state for national legislation and passing the proud record in children’s services. That was certainly template law last year. The national partnership demonstrated by its great capital investment in my agreement paved the way for the establishment of the electorate of Yan Yean, where there were numerous national quality framework for early childhood capital upgrades to kindergartens. Local government education and care and school-age care, which replaces received assistance for those upgrades. In fact the existing licensing and quality framework in each $25 million has been spent across the state on at least state. I think it is really important that we bring all 405 renovation and refurbishment grants just in the last children’s services up to a particular standard and that four years. Labor was a ground breaker at a state level we take a national approach. I know that the great in relation to co-located children’s facilities. former member for Murray Valley, Ken Jasper, always used to talk about the issues of people working on either side of the border, and I know that when I lived

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6172 ASSEMBLY Wednesday, 7 December 2011 in Mildura this was an issue. So this is good for workers very pleased to take credit when opening the Lorimer in that context, and it is also good for parents moving children’s centre. Her press release said that interstate to know that they will have the same set of $1.9 million had been funded by the coalition quality and standards when they put their children in government when in fact press releases and media care. articles that were discovered by very quick-witted people locally indicated that the funds had actually My oldest child was first in child care before the great come from the previous government and the previous expansion in child care that occurred under the Hawke Minister for Children and Early Childhood federal government, when government-supported Development, Maxine Morand, out of the children’s places went from only about 20 000 up to about services funding line, which has now been eradicated 250 000. During my son’s early days in child care it from the budget, and from the growth areas programs was in poorly regulated private child care, where many that were funded previously under the Department of of the staff at the time were around 15 years of age and Planning and Community Development and most of them chain-smoked. Babies crawled over administered by the former Minister for Community ashtrays, and there were areas at child-care facilities Development, the member for Mill Park. that were out of bounds to families. That was also before the days of police checks and things like that, so It seems that the provision of capital for new children’s it was a much more fearful thing for parents to leave facilities is coming to a skidding halt. I understand the their children in child care during the early 1980s. I am coalition has made some commitment to children’s really glad that we are continuing to push forward the hubs in the electorate of South Barwon and in a couple agenda, and that is something to which Labor is always of other places that it wanted to secure for purely committed. political purposes, but it is not very concerned at all about the needs of children in other parts of the state. I I am glad that the government has continued with would urge that, in addition to supporting this bill, support for this national reform agenda in early members of the government would, through the childhood services, but I think it is not matched by expenditure review committee process, stand up for enough funds from the state, because there has been a their communities and say that we need to have those pretty poor record of early childhood investment during funding programs restored and we need to continue to the first year of this government. Almost half a million assist local governments and mothers and fathers in dollars has been cut from the education budget. The Victoria to have good quality children’s services. It is Young Readers program, which distributed free books not good enough to abrogate these things and to send to parents of young children, has been axed; access to them off to be the responsibility of only the federal internet services for Victorian kindergartens has been government. I know that we had the Take a Break cut off, with an expectation that not-for-profit funding cut — that selfish cut of $1.9 million — when community-based kindergartens will find and pay for we have two extra ministers in the Baillieu ministry, their own internet service provider and host services and they must cost at least $3 million or $4 million a that they previously had received free under the year to run, rather than $1.9 million a year for Take a services of VICNET, funded by the state government. Break services. The government made no dedicated funding commitment in the budget to establish new children’s Ms Ryall — On a point of order, Acting Speaker, in centres. I understand the minister has said these can be listening to the diatribe that has been going on, I believe funded, but that is actually out of the kindergarten it is totally irrelevant to the bill. I ask that the member capital program. We should not be robbing one area of be drawn back to the bill. children’s service funding to pay for another. With the six children’s centres that have been funded in six years The ACTING SPEAKER (Mr Thompson) — in my growing community, I know that I, myself, as Order! Time is moving quickly, and I remind the well as local councils and parents in the community, am member to come back to the bill. deeply saddened that those six may be the last six centres for many years. Ms GREEN — I think that once the member for Mitcham has been in this chamber for longer than a The next one that the council had planned to build was year she might learn about standing up for her to be co-located across from the Epping Views Primary community — when she actually finds its address. The School, but Whittlesea City Council will have no ability Children’s Services Amendment Bill 2011 comes as a to access half a million dollars, or $1 million in result of initiatives by Labor and cooperation with the funding. We saw that the Minister for Children and other states. I commend the bill to the house. Early Childhood Development, Minister Lovell, was

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Mr GIDLEY (Mount Waverley) — It is a great replaced them with other funding to ensure that pleasure to rise this afternoon to speak on the kindergartens had the opportunity to spend that money Children’s Services Amendment Bill 2011. It is an the way they saw fit. In my electorate of Mount important bill, because it builds on the coalition’s Waverley, for example, some kindergarten staff have commitment to investing in the early years. We on the said to me that they do not use the ICT service of coalition side know that is important, because the return VICNET to the extent that others do and would which the state and the community receive from therefore prefer to have a grant which they could use on investing in those early years has demonstrated that it is ICT if they wanted to but which they could also use for a win-win scenario for the community. It is a win for books or playgrounds if they wanted to. They could do children and families, because kids get a better that because they know the most effective way to invest education, and it is a win for the community, because those dollars in kindergartens. So rather than the state the learning difficulties that some children may have having a fixed position on how the money must be are more easily identified when there is a high spent, we have provided kindergartens with the investment in those early years. That is why I am opportunity to spend it in the areas where they feel pleased to speak on this bill, because, as I said, it is part there is a need. of a comprehensive package that the coalition has developed for those early years to turn around the That addresses the second point and the inaccuracy of neglect of 11 years of Labor government. the member for Yan Yean and puts on the record that the coalition has not only provided funding but has It is important that when we are debating this bill we given kindergartens flexibility, which is consistent with get some facts into the debate rather than what we have the principles of the bill, by investing in the early years just heard from the member for Yan Yean. That brings and ensuring that is done at the coalface. me back to the 2006 campaign. In 2006, consistent with the principles of this bill, one side of politics said that The third aspect it is important to note for the record, investing in the early years of childhood was important which again torpedoes the nonsense that we have heard and therefore should be brought under the department from the opposition about investing in the early years, of education, consistent with the principles of this bill. is that under the coalition government there has been a But we know that in 2006 the Bracks government 50 per cent increase in the maximum grant that can be fought that every step of the way during the election provided to kindergartens and early childhood campaign. development under the new children’s services grants. I have taken a particular interest in this, and in the last Former Premier Steve Bracks is quoted on a number of fortnight I have taken the time to write to each eligible community child-care websites as having said there is kindergarten in the electorate of Mount Waverley — no evidence that moving preschools into education and some outside the electorate — to ensure that they would result in an improvement in the education of are aware of this change. This initiative provides a children. That shows the ludicrous position of the Labor significant increase in the maximum grants to which Party at the time and that the principles of this bill, kindergartens and others have access and is another which are about investing in the early years, were not piece of the jigsaw puzzle of the coalition’s broad on Labor’s agenda in 2006. They were on the commitment to investing in early childhood coalition’s agenda then, and they are consistent with the development. position we have espoused since 2006 — that kindergartens and early childhood development should The facts on the table torpedo the nonsense and spin come under the department of education. While one that we have just heard. Whether the coalition was the always welcomes sensible changes in position, and we first party to state a position on bringing kindergartens welcomed the backflip by former Premier John under the department of education or not, the coalition Brumby in 2007, it shows the hypocrisy of what we has increased the maximum grants by 50 per cent and have just heard. the coalition has given flexibility to kindergartens by allowing them to spend the grants in the manner they The other elements of funding for preschools referred see fit rather than on fixed ICT for VICNET. This to by the member for Yan Yean that need to be paints a very robust and strong picture of our corrected clearly relate to the grants available for commitment and also goes to the heart of the principles kindergartens and early childhood development. The of this bill. As I said, it also sets the record straight after coalition has increased and improved funding for early the diatribe and nonsense that we have just heard from learning. Had the member for Yan Yean taken the time the opposition. to notice, she would have seen that although there was a change in ICT grants to kindergartens, the coalition

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The bill is also important not just for the principle of I outlined earlier why that is important. The figures and investing in the early years but because it ensures that the research show that not only do families benefit, not Victoria will be able to move forward with the national only do children benefit but the community benefits, agenda. From 1 January 2012 preschools, because ideally some of the challenges in learning can kindergartens, long day care, family day care and be picked up earlier on, and we know that if they are outside-school-hours care services across Australia will rectified earlier on, they have a better chance of being be required to operate under the new national quality solved. I commend the bill to the house. framework and the national law. At the moment those services are regulated in Victoria under the Victorian Ms HUTCHINS (Keilor) — I rise to speak on the children’s services legislation, so if Victoria is to Children’s Services Amendment Bill 2011. Labor does implement and deliver the national quality framework, not oppose this bill. The gist of the bill is that it is a tidy the government needs to make the amendments to acts up in preparation for the new federal laws that will that this bill proposes to make. It needs to pass this bill come into effect in 2012. to ensure that that can happen. Nothing is more important for a parent than their It is important to note, though, that there will still be child’s health, development and education. When you some services that will remain under the existing look into the eyes of your newborn babe you want to Victorian children’s services legislation, and they are give them the world. You want to look after them every identified in the bill. As I understand it there was one step of the way. However, unfortunately for many particular service which the Victorian government working parents, they need to hand over that proposed be included in the national framework, but responsibility to carers, whether they be from child-care that was not provided for. I do not think there is centres or from providers of in-home care. These agreement about that, but I hope that if the sound and parents have an expectation that the government will rational principles which were behind that suggestion regulate child care to ensure that their child’s health, remain, and if down the track there is a review of how development and education are maintained whilst the the system is operating, the opportunity will still be parents are at work. That is what makes the current there. legislation, and the legislation and regulations being proposed by the federal government to come into effect I noted that there is provision for a review of the system by 2012, all the more important. several years down the track not only in Victoria but across Australia. That is sensible, because it is clear that In December 2009 the Council of Australian whenever governments on both sides of politics Governments (COAG) agreed to the principle that by introduce legislation or seek to change existing 2010 all children would have the best start to life to arrangements there can be unintended consequences create a better future for themselves and for the nation. and things that could have been done better. I was This is an extremely ambitious but important goal in the really pleased when I saw that foresight in the moving forward of both Australia’s social economy and legislation, which will provide for continuing our real economy. The national qualification improvement. framework was conceived and underpinned by a number of commitments made not only by the federal As I said, when you put this bill and the principles government but also by all of the state governments that behind it together with the historic shift the coalition were present at that COAG meeting. Those outlined in 2006, under the now Premier, of bringing governments aimed to introduce quality rating systems kindergartens and preschools under education, and based on the national quality standard, to improve when you put it together with our 50 per cent increase staff-to-child ratios and to deliver higher qualifications in the maximum grants available in the electorate of for staff employed in the child services sector. While Mount Waverley and other areas, and when you also these particular matters are not covered by the bill we add the flexibility for kindergartens to spend some of are discussing today, they are relevant to the context in the grants that were announced earlier in the year as which we now discuss and govern children’s services in they see fit rather than there being a one-size-fits-all this state. The national quality framework has been approach — a dictatorship that says even if a implemented progressively in Victoria since July 2010, kindergarten has a greater need for books or other and this bill essentially constitutes updates in things they have to spend that money in a different preparation for the national law, which comes into way — then you see it is a comprehensive package. It is effect on 1 January 2012. a tangible and very real demonstration of our commitment to investing in the early years. I would like to talk today partly from a parent’s perspective in line with the constituents in my area,

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Wednesday, 7 December 2011 ASSEMBLY 6175 particularly at the Melton shire end of the Keilor This side of the house values the important role that electorate, where 41 babies are born every week. kindergartens play in giving young Victorians the best Melton has the highest rate of growth in the whole of possible start in life. Demand for children’s services has Australia, and it has been at that high level for the last grown rapidly in recent years. Victoria is experiencing three years. It is not just the parents of babies born this record-level birthrates, with 200 babies born a day, and week or next week who will be looking for these Victorian parents have become more aware of the services; it is also the parents of babies born in previous importance of children’s early learning in their health years who are now creating demand for services for and development. A total of 75 000 babies were three-year-olds and four-year-olds. notified to maternal and child health services in the year 2009–10, representing a 22 per cent increase in birth As a result of the baby boom, there is already a lot of notices over the last 10 years. In moving forward as a pressure on kindergartens around the state to provide state, we have to be prepared to be able to resource more places. This demand will grow with the COAG those families and those children so that they can go on commitment and with the national reform agenda to have what is the most important opportunity in regarding child-care services. The increase from life — a decent education. 10 hours to 15 hours of four-year-old kinder in 2013 is ambitious but realistic — provided that we commit The Australian Liquor, Hospitality and Miscellaneous funding to the infrastructure of kinders, which is so Workers Union, which represents staff working in desperately needed to expand their facilities. children’s services, has said on the record: Responding to these pressures, during the last election the Labor Party committed an extra $100 million over It’s wonderful to see that this government — four years in capital funding to enable kinders to build that is, the federal government — 335 additional kinder rooms and create capacity for 10 000 new places. Labor had promised $20 million recognises the early years … over four years to expand the network of child-care centres and, amongst other things, to provide further In total, 66 000, or 95 per cent, of all four-year-old services in the child-care sector. By contrast, the current children in 2010 were attending kindergarten government promised $15 million over four years, programs — the highest number ever — and we want which will only fund about 50 kinders out of a total of to make sure they have access to quality services, 1755 in Victoria. facilities and educational resources. The increased kindergarten participation, coupled with Victoria’s We, as a Labor government, demonstrated our baby boom, is putting additional pressure on a lot of long-held commitment to child care and to kinder services. growth in Victoria, and I urge the Baillieu government to increase its spending in this area. The government From 2000 to 2010 Labor invested $134 million in needs to have a realistic look at where growth is building, upgrading, renovating and refurbishing early coming from and where funding is needed, particularly childhood education facilities, something that I stand in the face of what some of my constituents have called here today extremely proud of. The government, on the a tsunami of children coming through with autistic other hand, has only committed $15 million over four spectrum disorders and intellectual disabilities in the years in additional capital funding for kindergartens. western suburbs, where there are not the resources and There are many kindergartens in my electorate of support mechanisms in place to cope. Keilor that are in desperate need of upgrading now due to the increased number of children attending their It is in the early years that it is most vital for children to facilities. The baby boom and the COAG agreement to gain the support they desperately need to be able to go increase kinder hours for all four-year-olds from 10 to on to mainstream education later in life. We believe that 15 hours mean that demand is growing and an lifelong learning starts at birth and that kindergartens expansion of services is desperately needed. The level play an important role in a child’s development as they of funding committed to by the government will barely grow older. We believe that the proceeds of the state’s upgrade 50 of those 1755 kindergartens. strong financial performance should be invested in creating more kinders and facilities as well as programs The government’s first budget shows that the coalition that support children with disabilities. With Victoria has no real plan for Victoria’s children and in fact may experiencing the highest baby boom in a generation, we leave many children behind, particularly in the growing are determined to provide high-quality kinder programs western suburbs. It is clear that the government has across the state. failed to act on the increasing demand for kinder places across the state, and the ramifications for families in

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Victoria will be seen in the months and years ahead. bills that bring about changes that result in a reduction Our recent baby boom means 200 babies are being born in the regulatory and red tape burden on those who in Victoria every day and that the real demand is here deliver children’s services. For those in business this and now. can be a very important element.

The Premier and the Minister for Children and Early What we are looking at here is the Children’s Services Childhood Development, Wendy Lovell, have Act 1996, and the changes being made by this bill are a budgeted just $15 million. It is not enough. We need to result of legislation being adopted at a national level. invest more in our children’s future. We want to remain The commonwealth Education and Care Services Act a state that is the leader of our nation’s economy; we do 2010 is the legislation that has triggered some of the not want to go backwards. Kindergartens in my local changes that we are now debating. I am always happy area are already reporting to me that without to see national frameworks adopted, and it is improvements to infrastructure they will be forced to particularly pleasing to see the extent of the influence axe three-year-old kinder programs to make room for Victoria has had in this area and how Victoria has been more four-year-olds. one of the leading states in providing input. Victoria being a leadership state is something we can all be It is at the ages of two, three and four that children proud of. really need to have access to developmental opportunities offered through child-care services. The provisions we are debating here clarify the Labor’s popular program to build new children’s hubs relationship between the Victorian children’s services has not received one new cent in this year’s budget. legislation and that which has been introduced These centres co-locate maternal and child health nationally. I want to provide a bit of context around centres and provide early childhood programs, which what has happened. In December 2009 the Council of cut down on social isolation and assist working Australian Governments agreed to a new national families. quality framework. A national quality framework is a good thing. A consistent set of standards regardless of Ms McLEISH (Seymour) — It is with pleasure that where you live is important. A lot of people move I rise in support of the Children’s Services Amendment interstate, and consistent standards make that easier for Bill 2011. I am pleased to speak on this bill for a them. There are plenty of people who live in border number of reasons, but before I get into it I want to give areas and might seek services in towns over the border a little summary of what I think most people have been and just outside their state. There are also people who saying in the chamber this afternoon. It is clear that run centres and may have a business in more than one members on both sides of the house take the issue of state. When you have got a consistent national quality child care very seriously. All agree that quality services framework in place it makes it a lot easier for everyone are important and that we should ensure their future. involved. It really does work at reducing that red tape. Just a moment ago the member for Keilor talked about some of the things that perhaps have not happened. The national framework covers services such as early Perhaps she has forgotten that for 11 years there was a childhood education and care, and Labor government in Victoria. One of the things I want outside-of-school-hours care services — that is the to draw her attention to, which she would be able to before and after-school care that many of us know and find if she examined the budget papers in detail, is this would have utilised — and it replaces existing licensing government’s commitment to autism-specific services and quality assurance processes. in the east and west. That is something that we in the coalition Baillieu government can be proud of. It is In Victoria we have had our own governing something that will really help the state. We have all legislation — the Children’s Services Act 1996. We seen what was referred to by the member as the autism have had 4100 providers of children’s services tsunami. A lot of people know families that have registered under this act. They look after kids from 4 to children with that condition. 13 years of age and provide a range of services, including long day care, preschool, kinder, occasional I return to the bill and the reason I am pleased to speak care, out-of-school-hours care and also family day care. on it: I am a parent who has utilised children’s services The legislation will, in a sense, facilitate the shift from in the past, including day care and after-school care. the Victorian system so that providers can transition This legislation will apply to my electorate; there are nicely and fit into the national system. It will be very many parents within it who use such services. There are smooth. also a number of businesses and service providers who will be impacted upon. In addition, I like speaking on

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As I have said, there are over 4000 providers of This legislation is good because it provides clarity children’s services registered in Victoria. Not all of around the relationship between the state and the them are going to be able to easily transition to the national legislation and it will streamline the process, national framework. What we anticipate is that some which is another way of describing the relationship. 400 will fall outside the national framework. That Educators who are assessed as fit and proper under the means that as a state we need to make sure that the national system will be automatically recognised as legislation we have in place will provide the appropriate meeting the Victorian requirements; they will not have regulatory and monitoring framework for them. The to do it all again. There have been instances in the past kinds of activities that fall within that category include when that sort of thing has happened, and you hear a lot some three-year-old activity groups, mobile services of negative feedback regarding that. The bill will also and early childhood intervention services. These sorts ensure that the children’s services that are required to of services are a little more ad hoc, short term and operate under the national law as at 1 January 2012 are perhaps even casual, but it is important that they too are not subject to the state regulatory system. This will accommodated through the regulatory framework. This reduce the regulatory burden on providers and ensure legislation will ensure that they are picked up in that any unnecessary duplication is removed. Victorian legislation. If they do not fit into national legislation they will fall into the Victorian component. It was not so long ago that I met with a provider of after-school-hours care. They were saying, ‘This is just As I said, not every service registered in Victoria fits ridiculous. I have two systems here. I have this and I nationally. I have mentioned those that fall outside, but have that. Why is this and what is going to happen also one provider can operate two different service about it?’. This example will fit into the transition, and I types. You might end up with one service falling under will be pleased to be able to say to them that this is the national framework and another falling under the what the fallout is and this is what it means for them. state framework, which can be a little tricky, so there are provisions in place to support this type of The coalition is pretty good at consultation around these arrangement. That is being referred to as associated things. The Victorian Early Childhood Development children’s services. One might think of an example Advisory Group, which is a group of about 30 peak where there is a preschool and occasional care being sector representatives as well as other stakeholder operated at the same centre. When you look at the groups, has been consulted through meetings, co-location of services or even at the fact that many regulation forums and even updates in newsletters. It kindergartens are often not utilised to their full capacity, has not had any criticisms because, as you would you see there is an opportunity to utilise the services expect, this will make it easier on the sector’s load. In and the space there for another line of business. addition, those with different types of interests are being consulted, such as the chief parliamentary Specifically in relation to the bill, we have to ensure counsel, the Victorian Government Solicitor’s Office, that the 400 or so licensed children’s services providers the Victorian Competition and Efficiency Commission that are excluded from the national system continue to and other relevant government bodies. I think the be regulated under the Victorian children’s services department has done a great job here. I commend it for legislation. This legislation will ensure there is a its role and I commend the minister for bringing this smooth transition for operators, service providers or legislation forward. It demonstrates our commitment to deliverers between the two frameworks and that the high quality, safe and affordable services for children regulatory burden will be reduced. There will be one and families, and as a parent that is what I want. system for each provider, not two. Mr BROOKS (Bundoora) — It is a pleasure to be Also, as often follows when you make these sorts of able to contribute to the debate on the Children’s changes, there are a lot of technical and consequential Services Amendment Bill 2011. It has been interesting amendments. Some of the changes that need to be made to listen to some of the speakers opposite. I have tried extend to about eight other acts. I am not going to to resist the temptation to respond to the debate from mention all of the acts, but there are a few that we all this side when it is not very well informed. It was have had some dealings with. I had a lot to do with the particularly interesting to listen to the member for Working with Children Act 2005 in previous roles. Mount Waverley talk about this legislation stemming There is also the Sex Offenders Registration Act 2004, from the Liberal government’s agenda in children’s the Crimes Act 1958 and the Children, Youth and services. I think we need to remember that this Families Act 2005, just to name a few. legislation flows from the great work done by a previous Premier, Steve Bracks, and his team in a former Labor government in driving a national reform

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6178 ASSEMBLY Wednesday, 7 December 2011 agenda in this particular space. I pay tribute to those new national law; the remainder will be regulated by people who drove that agenda, from Steve Bracks the Children’s Services Act 1996, which is Victorian through to his ministerial team, people in law. The national law will apply in general terms to government — both members of Parliament and people long day care, family day care, kindergarten, preschool who worked in the departments involved in driving the and outside school care services and, as it does that, agenda forward, and not just here in Victoria. I also references to those types of services will be taken out of thank them for ensuring that the federal government at the Victorian act. that stage also jumped on board the reform agenda in the early years. I would say that it would have been no The bill also introduces an associated children’s service mean feat to get the former Howard Liberal definition, which is essentially a service where there are government to follow the lead of a Labor state two different types of services operating from the one government in this area. location or they are co-located. This removes the need for those services to be accredited under both state and I think it was a great reform and a great direction of the federal bodies. They will be governed by national law Labor Party in Victoria to push this issue forward, and obviously that will help to reduce the regulatory because the Labor Party understands the importance of burden on that sector, which is a good thing. The investing in the early years of childhood. We Children’s Services Act 1996, the Victorian law, will understand that if you invest in those early years and continue to regulate children’s services that are not part put in the resources and the effort and make the of the national law — that is, budget-based services changes that are necessary but not always easy to make, such as Aboriginal services, sports and leisure services, you will reap the benefits as people grow through their mobile services and, I am aware also, occasional care. lives, not just in social terms and not just because it is the right thing to do for people and not because it is a That raises a very interesting point. While in cutting the fair thing to do, but because there are benefits in terms funding here in Victoria to occasional care the Baillieu of economic output and a reduction in costs in a government is arguing that child care is not its number of areas if people have had the benefit of a responsibility, we have here in front of us in legislation, high-level early childhood education. in black and white, a bill where the minister who makes that point is actually saying, ‘Here are the types of child We saw a former Labor government in Victoria taking care that I am responsible for’. She is saying on the one the lead in the development of a national quality agenda hand, ‘We are not responsible for funding child care’ and, of course, we are the host state for the national and on other hand, ‘In law these are the responsibilities legislation — the template law — which passed the of the state’. I cannot see how she can continue to argue Victorian Parliament late in the term of the previous that funding for occasional child care is not properly government. That set up the ability to introduce the within her responsibility when she has legislation national quality framework, which will be operational before the house which says that it is. as of 1 January 2012. All the Australian states are signing up to that national framework. The key benefits We have also had the minister in the other place from the national framework, which I am sure every arguing that if the federal government were to put more member here would support, are a quality rating system funding into occasional care, the state government here to ensure we have a national standard for early would match that funding and reverse those shameful childhood services; improved staff ratios to ensure there cuts in the occasional child-care sector. Of course, on are appropriate ratios for the number of carers to 25 October the federal Minister for Employment children in care, and higher staff qualifications. As I Participation and Childcare, Kate Ellis, announced a said before, these are not easy or inexpensive reforms national round of occasional care places and announced but they are reforms that were necessary nonetheless. in particular that about 250 occasional care places and As this is the tail end in a legislative sense of a great around 140 in-home care places would be allocated to Labor reform, this side of the house is not opposing the Victoria, representing a 44 per cent increase in funded bill. It will help the transition to the new quality occasional care places here in Victoria. The federal framework as we move forward into the new national government has put its dough in; it is now time for this law. minister to put the funding back into Take a Break — to put the funding back into occasional care. Right around As previous speakers have mentioned, the bill sets out the state there are occasional care services that would which types of child care and early childhood services be contacting their local members — — are covered by national law and which are covered by existing Victorian law. Approximately 80 per cent, or Ms Miller — It’s a federal issue. Talk to Julia about maybe more, will fall into the category covered by the it!

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Mr BROOKS — For the benefit of the member for I am not going to have time to go through the other Bentleigh, who may be hard of hearing, I just said that failures of the Baillieu government in the early on 25 October the federal government put in funding childhood sector, although if I did I could start with the that will see Victoria receive around 250 new $480 million cuts to the Department of Education and occasional care places and 140 in-home care places. Early Childhood Development. At the table is the Kate Ellis has put the money on the table; it is now up Minister for Education, who is hanging his head in to the state government to do what it said it would do shame at the half-a-billion dollars ripped out of the and put the funding back into Take a Break. It is education budget. One of the areas on which he should interesting that Queensland and South Australia fund probably address the house is the axing of the Young Take a Break. They are not running away from funding Readers program. Young kids were getting books from this important service. They are not hiding behind some maternal and child health centres, yet this government spurious argument. Even Barry O’Farrell, the Premier has ripped this program out as well — — of New South Wales — — The ACTING SPEAKER (Mr Thompson) — Dr Sykes — On a point of order, Acting Speaker, Order! The member should come back to the bill. can you bring the member back to the bill? Mr BROOKS — There is also no more dedicated The ACTING SPEAKER (Mr Thompson) — funding for the establishment of children’s centres, Order! I do not uphold the point of order. which are so important in many growing parts of Melbourne. Mr BROOKS — The bill specifically deals with occasional care, and I think I am entitled to raise the Debate adjourned on motion of Ms MILLER issue of funding for occasional care in debate on this (Bentleigh). piece of legislation. I was asking the question: if Barry O’Farrell in New South Wales funds Take a Break, Debate adjourned until later this day. why will the Premier not fund it here in Victoria? I think it is an absolute disgrace. I would like to see Nationals members go back to their communities, CITY OF GREATER GEELONG where Take a Break has been cut — — AMENDMENT BILL 2011

Dr Sykes interjected. Second reading

Mr BROOKS — John Brumby, the former Debate resumed from 23 November; motion of Premier, funded Take a Break in Nationals electorates, Mrs POWELL (Minister for Local Government). but this government has come in and disgracefully cut Mr WYNNE (Richmond) — I rise to make a Take a Break funding. I know that in my own contribution to the debate on the City of Greater electorate — and I am sure members on the other side Geelong Amendment Bill 2011. In doing so I indicate of the house will have similar stories to tell — that the opposition does not oppose the bill. We do, Watsonia Occasional Child Care, which is relied on for however, want to bring a number of matters to the occasional care by 70 families, has had its funding cut attention of the government and to put some markers by $28 000 a year. That means some families — not all down for the government in terms of how it will be but some — are going to have to pay about judged going forward in relation to the brave new world $22.50 extra per term for their child to go to occasional of local government reform it is embarking on. care. First of all, though, I want to thank the minister and her Members on the other side of the house will say that is staff for providing a briefing to me and to members a small amount of money. The Premier might not from the Geelong region. A number of those members realise the significance of that amount of money for had the opportunity to attend the briefing earlier this families in Watsonia. However, many of those families week. Reflecting the normal practice of the office of rely on that sort of service because it is a low-cost local government, we got a thorough and expert child-care service. People use the service when they are briefing from Mr Jim Gifford and Mr Colin Morrison going out seeking a job, having a job interview or only a couple of days ago. I thank the government for trying to have a bit of a break from a number of that courtesy. children at home. It is an important service that this government should be supporting instead of continuing The thing that characterises this piece of legislation to try to come up with excuses for not funding it. before us today is that there is no articulated public

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6180 ASSEMBLY Wednesday, 7 December 2011 policy reason why the City of Greater Geelong has my colleagues will certainly provide some commentary been chosen as the municipality for which the popularly as to the deficiencies we saw in that consultative elected mayor model is being implemented. I have process. asked for such a reason on a number of occasions, but to date I have not had that question satisfactorily The bill before us essentially implements the public answered. I have not asked that question in a rhetorical position the coalition took to the election. It is a policy way, but in a genuine way. I have asked, ‘Why Greater position of the government and it reflects what it would Geelong? Why not Ballarat, Bendigo or other regard as a consultative process. The interesting aspect municipalities that are larger in terms of population or of the bill is that the model the government has come budget than Greater Geelong?’. There are some up with is quite different from that of the City of interesting questions for the government. Melbourne in two obvious respects. The first is that in the City of Greater Geelong it is only the mayor who I am aware of the push for a popularly elected mayor by will be elected, not the deputy mayor. As members of some Geelong residents and business communities. The the house would be aware, in Melbourne we elect the Committee for Geelong certainly advocated for this mayor and the deputy mayor. Given the structure of the with the previous government; there is no question City of Melbourne — that councillors are elected at about that. I have attended meetings with and enjoyed large — in essence the mayor and the deputy mayor the company of members of the business community in pretty much run on a ticket basis. History tells us that in the Committee for Geelong, as did the previous Premier Melbourne the mayor and the deputy mayor and at least and a number of other former ministers. The committee two other councillors will generally be elected to the made its position — that it sought to have a popularly council on the same ticket. The mayor of the day comes elected mayor — unambiguous. I understand that, and I into the council with at least four of the nine spots — understand that the then coalition opposition indicated that is recognising that councillors are elected at large, early on that it intended to go to the election with a which invites a ticket arrangement. popularly elected mayor model. We will have quite a different circumstance in Greater However, a broader public policy overlay ought to Geelong, and it will be interesting to see how this pans attend this piece of legislation, and frankly the out in the election in October next year — what the government has been silent on this. The government result of this election will throw up. Voters will elect has essentially responded to a request from one the mayor at large and elect the 12 councillors from municipality. I understand and acknowledge that, and within the existing ward structure. I acknowledge that the opposition is not opposing that, but is this a portent after two years the government intends to review the of a future rollout of popularly elected mayors across situation, but one of the concerns we have is that the the Victorian municipal structure or is it simply a mayor of the day may not enjoy support on the floor of one-off to satisfy a particular demand in a particular the chamber. Nobody can satisfy us that the current municipality? I guess we will just have to wait and see. proposition cannot throw up that outcome. If the government does not have a broader public policy rationale for the bill, there cannot be any sense in which I acknowledge that the mayor has a certain prestige, it is moving forward with a clearly articulated and cache and authority because they have been elected by understood policy position. Perhaps when the the voting public, but in the day-to-day nitty-gritty of Parliamentary Secretary for Local Government makes ensuring that there is stability within the council there is his contribution he will elucidate this a little further. a serious question that frankly neither the parliamentary secretary, a person experienced in local government, There has been consultation on this legislation. A nor the senior administration of Local Government discussion paper and an options paper were produced Victoria can answer. None of us can answer that and a consultative process was undertaken in the region question because frankly we do not know. We do not around the popularly elected mayor model. I know my know what that outcome will look like. colleagues will have some views they want to put about this in their contributions. There have certainly been I refer back to the City of Melbourne. One of the mixed views about the consultative process. I say this in reasons why a number of models for the City of a genuine sense, as all governments ought to learn from Melbourne were explored — those who know the such experiences and see how we can always do it history will know we have had ward elections and half better. In my view there is no decision governments ward, half at-large elections; we have tried pretty much make that cannot be better informed by a proper and every model you could conceive of at the City of thorough community process. Whilst I acknowledge Melbourne — was the key driving force of the need for that the government undertook a consultative process, stability.

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Honourable members interjecting. that the mayor has supernumerary powers to appoint people to outside bodies. Yes, he or she would have The ACTING SPEAKER (Mr Thompson) — those powers, but in the end it is not that great an Order! The member to continue, without assistance innovation. from the other side of the table. There are some other aspects that I know my colleagues Mr WYNNE — They are reliving old war stories will want to touch upon. An argument to which I have over there, Acting Speaker. always been attracted is that the position of the mayor of the City of Melbourne is unique in that they We wanted stability of governance in the capital city, represent the capital city, which is quite different to and you would have to say that largely that governance other municipalities. I will retrace the earlier aspects of structure has proved to be very stable. That does not my contribution. While the government remains silent presuppose that we do not recognise there has been a about the broader public policy and its rationale as to strong push and a strong voice from resident groups for why Geelong and potentially other municipalities will there to be a ward structure. The position they put is have a popularly elected mayor, we are essentially in that the councillors elected at large do not bear any the dark. All we have at the moment is a response by specialist responsibility for the issues that pertain to the government — and I have acknowledged that — to their wards; they operate more on a Senate-style a consistent call over a long period of time from a city, portfolio basis, and the intimate relationship between that being the City of Greater Geelong, to have a councillor and ward has been broken. I respect that popularly elected mayor. position because I was in a ward structure, and I think there is a lot of strength in that proposition. I There is an obligation on the government to articulate acknowledge that the Victorian Electoral Commission its vision for local government and the issue of (VEC) is currently undertaking a review of the structure popularly elected mayors going forward. It is a of the City of Melbourne, ward elections versus at-large contested space, and, as I said, my colleagues will have elections and the number of councillors. We await the a view about that. People will mount a very respectable outcome of that and its implementation in, I think, argument about whether that will in effect preclude March next year. people from standing for the position of mayor of Greater Geelong because mounting a campaign to get The other peculiarity of this new system is that the oneself elected to the position will not come without a deputy mayor will not be elected at large but from cost. There is no question about that; we know that to within the body of the council. Again there is an be the case. inconsistency between the City of Melbourne and the City of Greater Geelong in that respect. We will await A postal vote election, which I presume will be the with interest to see how the deputy mayor position as process by which people will be voting in Greater elected through the body of the council manifests itself Geelong, is not a cheap exercise. We know that; I have and how the council settles. We sincerely hope it settles some experience with the City of Melbourne in relation with stability to ensure the good governance of the City to the postal voting exercise. Yes, the administrative of Greater Geelong. structures that are in place under the VEC provide very good opportunities for candidates to articulate their There are two other elements that are worthy of policy positions through the handbooks and so forth comment. The first is in relation to the so-called extra that are distributed by the VEC to inform voters of the powers that the mayor will have. The mayor will have various policy positions of the candidates, but it is also the power to appoint councillors to various positions on normal practice for candidates to supplement that with external committees of the council which do not attract their own information. It will not be a cost-free exercise a salary. I certainly understand why you would not in any way, shape or form, and we are concerned to want to put the mayor in the situation of appointing ensure that whatever system we use for electing people people to positions that attract remuneration, given that to local government does not preclude people from his executive powers could be perceived to have the standing for the position. We ought not preclude people potential for conflict. That is a very sensible approach, simply because the cost of standing for this very but the practical reality in the working life of councils is important position of the mayor of the City of Greater that, generally speaking, the mayor of the day in most Geelong may be prohibitive. council operations goes through a process of decision making that ensures that the distribution of those An honourable member — A fantastic city! various outside bodies is dealt with in a harmonious way. To be honest, it is a bit of window-dressing to say

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Mr WYNNE — It is a fantastic city, as my government running in the future? Does this mean that colleague said. we will have the implementation of properly-elected mayors across Victoria or will it only be in big The final aspect of the bill that I want to touch upon municipalities or only in regional settings? I ask what briefly is the provision for the deputy mayor to assume the broad policy framework for that is. Secondly, we the position of mayor if the mayor is incapacitated and indicate our concerns in relation to the stability of the unable to undertake their duties. If the mayoral position council and ensuring that the mayor of the day has falls vacant within six months of an election, it will be support on the floor of the chamber. How can we have up to the council as to whether it wishes to have a confidence that that outcome will occur? The answer, I further election or to proceed on the basis of the deputy say rhetorically, is that I do not think we can. It is a wait mayor fulfilling the duties of mayor until the election. and see proposition. We are very interested in the There are a number of common-sense consequential review process and how that is going to be undertaken. amendments contained within the bill, but essentially We want to know more about that. We raise concerns, the bill as it stands deals with how we go about electing obviously, about the potential for people to be excluded the mayor. from the process because they simply do not have the necessary resources to get into the mayoral contest. The other important point I should make, though, is that the bill does reconstitute the council under the City of Finally, but most particularly, our most significant Greater Geelong Act 1993 because of the changed interest is to ensure good governance at the great City circumstances that it throws up. of Greater Geelong and in that context ask that these questions be satisfied. Some of them cannot be satisfied The ACTING SPEAKER (Dr Sykes) — Order! I today; we will have to wait for the two-year review. But ask the members of the opposition who are having a having had a good deal of experience with the City of conversation to show the speaker on his feet some Greater Geelong, I say sincerely that they are very good courtesy and listen to him. people there. The people there — particularly the Mr WYNNE — Thank you, Acting Speaker. I will council we have now — have always sought to act in deal with my colleague at another time. He is a very big the interests of their community. We hope that the 2012 advocate of local government; I am just giving him a election is one that will bring forward a quality group of bit more chapter and verse on some of the finer detail candidates and a quality group of mayoral candidates to that only tragics like me and perhaps a couple of others further enrich the greater Geelong region. in the house may find interesting. Some of us have Mr MORRIS (Mornington) — It is a genuine spent more hours than we want to think about arguing pleasure to rise to effectively lead the debate for the about the voting system and how we count back and government on the City of Greater Geelong various other very stimulating topics. Those topics Amendment Bill 2011. It was an election commitment excite some of us but perhaps not others. made by the Liberal Party in the run-up to the 2006 The final comment I want to make is that we will have election campaign and a commitment repeated by the the review in 2014, so it will afford both the coalition in the run-up to the 2010 election campaign to government and the opposition the opportunity to have deliver a directly elected mayor for the City of Geelong, a look at this and to see how it settles in over that and I am delighted that we have the bill in the house period. I sincerely hope that this structure does ensure and that that election commitment is on track to be well stability at the City of Greater Geelong. We are worried in place in time for the 2012 municipal elections. about it; we are genuinely worried about it in the true The government also made a commitment to consult sense of governance. We want to ensure that whatever the Geelong community about the model that would be structure is put in place is the best structure, that it does used to elect the mayor. We were not so confident as to provide consistency and that it does provide good say we knew exactly how it was going to be done. We governance for the City of Greater Geelong. In that were not going to simply impose the structure that is context we do not oppose the bill, but we have set out currently in place for the City of Melbourne. The some clear benchmarks that we think the government community of Geelong made it very clear to us that needs to address. they wanted to have a directly elected mayor but there In conclusion, I seek from the parliamentary secretary was not so much clarity about how that might be some further understanding about, firstly, the broader achieved, so we made a commitment to consult and to policy framework within which this decision was made. come up with a model that met the aspirations of the Is this a portent of how the government sees local community. I believe that is what we have done in this case.

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I have to say that in this instance the opposition is not a have a formal role, but the council will elect a person to big wrap for the democratic process. Whenever this act as a deputy mayor. discussion has been had there has been every reason under the sun trotted out by opposition members for I had the pleasure of fronting the consultation process saying that people should not have a say in the direct undertaken by the government, which ran from March election of their mayor, that they should not be able to until May of this year. The consultation process go in and fill out a ballot paper and cast their vote included the publication and release of a discussion directly for the person who is going to lead their city for paper in March, an invitation issued at that time for the next four years. However, that is what this bill is all public submissions, a very good public meeting which about. We on this side of the house do not believe in was held in Geelong on 20 April, and listening posts at guided democracy. We do not believe in developing eight locations around Greater Geelong. They were structures that manipulate the process and manipulate well attended listening posts. We also had an excellent the outcome. It is about putting people who have the experience with commuters at Geelong station at confidence of the community in place, getting out of 6 o’clock in the morning. I must say we had a terrific the way and allowing them to get on with the business response right around the city, particularly at the of operating the municipality. That is what this bill is all station, in terms of interest from the community, and about. there was a real desire to engage in the process and get the governance right. It was an excellent process. In terms of any future agenda, the commitment was clearly about the City of Greater Geelong and not a There were 65 written submissions received. I also broader policy. I remind members on the other side of conducted meetings with a number of key stakeholders, the chamber that this bill amends the City of Greater including a councillor of the City of Greater Geelong, Geelong Act 1993. We are not amending the Local the committee for Geelong, the Municipal Association Government Act 1989. It is not about any of the of Victoria, the Victorian Local Governance municipalities of Ballarat, Bendigo, Shepparton or Association and local government professionals. I must Casey. This bill is about the City of Greater Geelong — say all of those discussions were very worthwhile. that is the whole subject of the bill. Sadly, there was one group who chose not to be The City of Greater Geelong is a very large involved, and that is the group of three members who municipality. It does not have the largest population in are in this house this afternoon who represent lower the state, but it is well and truly up there. house electorates in the city of Greater Geelong. They were all invited to sit down for a chat and not Mr Wynne interjected. necessarily put in a written submission and go through the slog, because clearly we on this side of the house Mr MORRIS — It has a big budget, as the member understand that members have the opportunity to for Richmond suggests. It covers 1200 square debate these matters in this house. I am not going to kilometres and it has 220 000 people. You would have stand here and insult them by saying, ‘You didn’t put to say it is the principal provincial city of the state, and submissions in’, but a genuine invitation was extended it is the most populous city outside the metropolitan to them to have a chat and have an input into the area. It is a city with a long and proud history. It was formation of this process. Unfortunately that established as the town of Geelong by an act of the opportunity was let slip not only by the lower house New South Wales Parliament prior to the separation of members in this place but by the upper house Victoria from New South Wales. Its most recent format opposition members and federal members as well. was constituted under the City of Greater Geelong Act 1993, which brought together the cities of Geelong We know the view of at least one of those members — West and Newtown and the shires of Bellarine, Corio the member for Lara — who raised an adjournment and Barwon South plus parts of Barrabool and matter when he was a member in the other place some Bannockburn as well. It is all pretty much ancient years ago. He proposed the direct election of a mayor history now, but I think that amalgamation has worked for the City of Greater Geelong. He was well ahead of well. his time in relation to that matter; unfortunately he was not able to convince his colleagues that that was an Currently there are 12 councillors. Under the Local appropriate course to take, but I am pleased we are now Government Act the mayor of the City of Greater doing that. Geelong is now elected for a period of two years; the deputy mayor is not required to have nor recognised to I have to say a couple of things that came out of that consultation process represented the overwhelming

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6184 ASSEMBLY Wednesday, 7 December 2011 views of the community. Firstly, there was the desire to Association of Victoria and the Victorian Local retain the current 12-ward structure — that was very Governance Association. The City of Greater Geelong clear. The government had an open mind regarding itself has raised concerns about the process of what the structure of the council might be. But again consultation. Let me say to the member for Mornington and again people put their position very effectively — that it is not just me and members on this side of the they desired that 12 wards be retained. The other matter house who have concerns about that consultation is that while a directly elected mayor was strongly process; it is also some major organisations that supported in the community, there was ambivalence in represent local government not only in Geelong but terms of whether a deputy should be directly elected as also across Victoria. well. Once again the government had an open mind on this matter; we also had an open mind on whether an One of the major concerns I have raised about this individual should be able to stand for both the position legislation on a number of occasions is that from my of a councillor and the mayor or deputy mayor if the point of view it will mean excluding the vast majority deputy were to be elected. Ultimately people did not of people in the electorate from standing for the office mind one way or another. We felt for the sake of clarity of mayor in Geelong. There are something like that it would be best to be consistent with the model 220 000 people across Geelong. Obviously all of them adopted by the City of Melbourne — that is, you put do not vote, but it is a large electorate. It has been your hand up and you stand for one or the other but you estimated that it would cost in the vicinity of cannot do both. That will do two things: it will assist $250 000 plus — a quarter of a million dollars — to run the voters in not confusing the issue; it will also mean some form of effective campaign for a candidate to get that once a mayor is elected, they are truly elected by their message out into the electorate and to the people the whole council and will not seem to be representing who are going to vote for a directly elected mayor. That a ward that may have been the ward they stood for cost alone will exclude the vast majority of ordinary election in. people in Geelong from standing for mayor. It will exclude working-class people and good The structure that is proposed by the bill will be a community-based people. useful first step in this process. The Victorian Electoral Commission will review the situation about halfway Mr Weller interjected. through the term and will look at bringing the structure more in line with the Local Government Act, but I think Mr TREZISE — The member for Rodney may it is a worthwhile initiative. I commend the bill to the want to listen to this, because it is an important point. house. With the sheer cost of running a campaign alone — $250 000 plus — the office of mayor of Geelong will Mr TREZISE (Geelong) — I am also very pleased essentially be put into the realm of the rich and famous to be making a contribution to this important debate and in Geelong. I am concerned that it will exclude the vast following on from the member for Mornington in majority of people. In making that point obviously let speaking about a democracy and this side of the house me say that I am not the only person with that concern. respecting democracy. From the outset let me say that I In June the Victorian Local Governance Association respect the fact that the now Baillieu government went made the point in the Geelong Advertiser when its to the election in November 2010 on a platform which representative said: included the direct election of the mayor of Geelong, as … there is little indication in most of the submissions that it did in 2006. I respect the fact that former opposition people have been exposed to the fundamental issues involved members are now in government and are having to in the debate around directly elected mayors.’ implement their policies. However, at the same time members of the government also need to respect the That is the VLGA re-emphasising the point I have just fact that I have some major concerns about the made. implementation of the legislation and shortfalls within That brings me to the second concern, which again is it. not only mine but is also a concern of the many people There are concerns about the people of Geelong having who participated in the so-called consultation a directly elected mayor and the consultation process process — that is, the lack of information provided to that took place — and I am not the only one who has the committee by this government in relation to the concerns. Obviously other members on this side of the issues to be considered. The consultation was based house are concerned, but so is the VLGA (Victorian around the question of whether members of the Local Governance Association). Concerns about the community preferred to directly elect only a mayor or process have been outlined by the Municipal whether they preferred to directly elect both a mayor

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Wednesday, 7 December 2011 ASSEMBLY 6185 and a deputy mayor. The consultation was based then not be able to stand for council. We will see good around that very limited issue. As I said, the people who are interested in local government being information provided was essentially non-existent. lost to the system. I think all of us in this house know it Cr Barb Abley, a former mayor of the City of Greater is important that we have a good pool of people — Geelong and a good community-based mayor, people who are interested in local council and people emphasised that point herself in the consultation who are interested in standing in their local ward. It is a submission to the government when she wrote: shortfall of the proposed system if it means people who stand for mayor are excluded from running for council I cannot make any decision regarding this question until the and we lose them to local government. It is important state government has provided me with clear, factual information or reasons as to how this proposal is superior to that we not lose that pool of interested people. the current model for the election of mayor in our Organisations like the VLGA also made that point in municipality, or to any flaws which exist within the current their submissions. democratic model. Finally, I respect that we are going to have directly She does go on, but I can see I am starting to run out of elected mayors in Geelong, but there are far more time, so I will leave Cr Barb Abley’s quotes there. important issues in my electorate than this issue at the Cr Abley’s concern about the consultation was also present time, such as the upgrade of the Geelong raised by the City of Greater Geelong. The city’s Hospital. The Liberal Party’s commitment to build a mayor, John Mitchell, raised a concern, as did the second hospital to the south of Geelong has not been VLGA and the Municipal Association of Victoria. fulfilled. There is also the upgrade of Geelong High As a member of the former Brumby and Bracks School, and Western Heights Secondary College has governments I was always proud of the fact that when been short-changed by $4 million. This government has we brought legislation into this house a hallmark of that failed to deliver on its rhetoric in relation to 70 police legislation was the fact that we had entered into full coming to Geelong. The government has failed to consultation with stakeholders. Sadly this is far from commit to nurse-patient ratios. It has failed to commit the case under this government, and this legislation is the $48 million for VCAL, and there are far more just another example of that lack of real consultation by important issues in this electorate than the issue we are the Baillieu government. discussing tonight.

The member for Richmond, Labor’s shadow Minister Mr KATOS (South Barwon) — It gives me a great for Local Government, also raised an important point deal of pleasure to rise this afternoon and contribute to regarding a hostile council. The point he made was that the debate on the City of Greater Geelong Amendment we may have a mayor elected to the City of Greater Bill 2011. Geelong is Victoria’s second city and ranks Geelong but at the same time have a hostile council — 12th overall in Australia. It is no longer a provincial this could be a reality in a place like Geelong, and the city — a sleepy hollow, as it was known as for years. It members for Lara and Bellarine will back me up. You now ranks somewhere in between. It is not a capital could have a person elected as mayor but then have a city, but it is not a provincial town; it is a second-tier ticket of six or seven hostile councillors leading to a city in Australia that ranks alongside cities such as hostile council and an ineffective running of the city. I Wollongong, Toowoomba, the Sunshine Coast or even know the government is going to conduct a review the Gold Coast. before 2016, or two years after the implementation of This bill delivers on a key election commitment that the this legislation, but if we do have a situation where we Baillieu government made to the people of Geelong. have a council that is hostile to the mayor, two years is We took to the election a commitment that if we were a long way down the track before the situation could be elected, we would seek to have a directly elected mayor addressed. That is of major concern to me and the for Greater Geelong City Council. As part of that ratepayers of Geelong. commitment an undertaken was given to have Another issue of concern is candidates being able to meaningful consultation around the model. We took stand only for either mayor or councillor — that is, that issue to the election and said we would have a anyone who is interested in running for local directly elected mayor. After the election, consultation government and who is interested in throwing their hat took place on the model. That consultation was in the ring has to make a decision whether they will undertaken between March and May this year with a stand for election as mayor or as a ward councillor. discussion paper launched in March which outlined Obviously the concern is that good candidates would potential models for the direct election of the mayor, stand for mayor, get rolled in the mayoral election and and 65 submission were received in response. A public meeting was held at the Geelong Performing Arts

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Centre, and there were eight listening posts around the we do not make decisions and then go out and consult. municipality during the consultation period. There are no shams — and it is appropriate that the member for Essendon is at the table when we are The overwhelming majority of people who were talking about sham consultations. There is genuine engaged with at these listening posts and in support for this legislation, and I believe a lot of it was consultations supported the direct election of the mayor born out of people being sick and tired of the grubby of Geelong, but consultation showed that perhaps there backroom deals that were taking place, with a revolving was not as much support for the election of a deputy door and all of these secret little meetings and deals to mayor. Support was split around directly electing a elect the mayor each year. Obviously the Labor Party deputy mayor, but there was a clear will to maintain the had a lot of influence on those dealings in the back 12-ward, single-councillor structure that is in place at rooms. I think that was also a catalyst. the moment. That view was taken into consideration, and there have been no changes made to the ward As a councillor for Deakin ward prior to entering this structures for the next election. place I have seen the undue influence that certain Labor politicians have had on councillors and how they follow There was also consultation with the City of Greater orders as required. We all saw the mess created in Geelong, the Committee for Geelong, the Municipal Geelong and places like Brimbank. It is obvious that Association of Victoria and the Victorian Local the previous government had to be embarrassed into Governance Association. taking action to fix situations where staffers were able to be councillors. That is the sort of thing the previous Mr Trezise interjected. government was embarrassed into doing.

Mr KATOS — The member for Geelong points out Mr Madden interjected. that perhaps they did not agree with us, but consultation took place, nonetheless, and that is the key. When you Mr KATOS — The member for Essendon raises an have a consultation not every person will agree with the interesting point, and I will take up his interjection. I proposition being put forward, but you are out there to believe there were about four staffers — — have a consultation and get people’s views and opinions. That is exactly what has been done. Even Mr Eren interjected. polls conducted by the Geelong Advertiser showed that 74 per cent of respondents supported a directly elected Mr KATOS — I think approaching 40 were Labor mayor. staffers, so the member for Essendon raises a good point. Going back to the bill, a candidate for mayor will Mr Weller — Seventy-four? be able to nominate for the mayoral role only. This issue was touched on earlier by the member for Mr KATOS — The member for Rodney is very Geelong. There are no each-way bets with this: if you impressed with that figure of 74 per cent. I also thank want to run for mayor of Geelong, you have to get out the member for Lara for his strong support. I note that there, articulate your vision and tell people what you in the adjournment debate of 4 November 2004 he are going to do and what your platform is. There is no asked the then Minister for Local Government to saying, ‘I might stand for Deakin ward and I will put consider the introduction of a directly elected mayor in my hat in the ring for mayor’. You cannot do that. We Geelong. I will not read out the adjournment debate need someone who is clearly articulating what their item, but I am happy to table it if the Acting Speaker vision is for the City of Greater Geelong, now and into would like me to. Unfortunately the request by the the future, and allow that vision to be articulated. There member for Lara in that adjournment debate fell on are no each-way bets here. The position of mayor is a deaf ears, because the previous government and its leadership role, and that is another reason for people ministers were not prepared to take that on. It has taken being able to nominate for the position of mayor or the Baillieu government to listen to the clear will of the councillor only. majority of electors in Geelong and bring this bill before the house today. The mayor’s term will be four years, commencing after the council election in October 2012. Having the mayor I commend the Parliamentary Secretary for Local elected by the entire community will provide a great Government, the member for Mornington, on his deal of stability for the mayoralty. They would be able genuine and thorough consultation with the community to project that onto the national and perhaps even of Geelong. That is the clear difference between international stage, as required. Obviously the directly members on this side of the house and members on that elected mayor will fulfil the normal functions of a side of the house. We engage in a genuine consultation;

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Wednesday, 7 December 2011 ASSEMBLY 6187 mayor. They will chair council meetings and be the As the local member for Bellarine over the last nine primary spokesperson for council, as is the case with years I have had some representations from groups, nearly all councils in the state. It is logical that, with certainly from businesses and the Committee for this direct election, they should be given some Geelong — groups that I hold in very high regard — additional powers to extend that power into certain which have advocated for the need for a directly elected committees — for example, to be able to appoint chairs mayor. These groups have argued that this legislation to the council’s planning committee or property would give greater capacity to promote and develop the strategy committee. Obviously they would not be able city of Greater Geelong. However, in that time I have to appoint chairs to paying positions, as we do not want had — and this would be a generous approximation — any conflicts of interest — as the member for a handful of local residents in my electorate speak to Richmond rightly pointed out earlier. me about the need for a directly elected mayor. I certainly have had many hundreds of residents coming The deputy mayor will be elected from the to see me, ringing and emailing me about the City of 12 councillors. That will be for a 12-month term. There Greater Geelong — but this has related to issues is no possibility of council extending that 12-month ranging from the need for council to prioritise certain term, but at the end of the 12 months the councillor community infrastructure investments in Bellarine to who has been elected deputy mayor could seek the need for improvements in footpaths and local roads. re-election. There is no issue around that. Obviously Many people have raised issues about the there are certain provisions to ensure that if for some responsiveness of council to their concerns or, of reason the mayor were to be incapacitated or course, about rate increases. I am sure many members unavailable the deputy mayor would fill that position in this place have experienced that. From my and that role. Even if the mayor resigned, unfortunately experience these seem to me to be bigger issues in the passed away in office or something of that sort, the minds of residents, certainly in Bellarine, than the deputy mayor would take on that position as acting issues that go to the question of whether we have a mayor. There would be a by-election if it was more directly elected mayor of Geelong. than six months out from the next general election. If it was within the six-month period then it would be at the The other big issue over those nine years has been the discretion of council whether or not to have a issue of the Bellarine area breaking away from the City by-election, as it obviously would be a costly exercise, of Greater Geelong and re-establishing a Bellarine being so close to a general election. As I said earlier, shire. In terms of the numbers of people concerned, that the 12 councillors will be maintained in the has been way above the issue of a directly elected single-member wards. There will also be the mayor at mayor. In fact, during the last two election campaigns large over the whole municipality, so that ward will the Liberal Party candidates have given a pretty strong have 13 councillors, which will be unique in Victoria. indication that this is something on the agenda of any That will only be for the next four years, after which an elected Liberal state government. It was interesting electoral review will take place. That will recommend today to hear the parliamentary secretary say that this is having a directly elected mayor along with between 4 ancient history. I hope that message — that that is the and 11 councillors, to bring it back in line with other real case — will be sent clearly to Bellarine residents councils throughout Victoria. Obviously Geelong and that a future Liberal candidate will not use this as a would be a bit closer to 12, but because of the size of mechanism on which to campaign in future. Having the municipality it would be not such a heavy said that, as I mentioned, there have also been groups in workload. With that comment, I am happy to commend the community who have argued strongly for a directly the bill to the house. elected mayor. Geelong is Victoria’s second most important city, in my view, and it plays a very Ms NEVILLE (Bellarine) — I am pleased to make significant role in Victoria’s overall economic a contribution today to debate on the City of Greater development. That is why, for example, we invested in Geelong Amendment Bill 2011. As other members very significant infrastructure to ensure that Geelong have said, this is an election commitment made by the continues to play that role in Victoria. That has government, which was then in opposition, in two included the Geelong Ring Road funding, and I am sure elections, last year and in 2006. Certainly over the years on Friday, when the flyover is opened, the local there has been discussion from time to time about members down there might actually receive an whether a directly elected mayor would make a invitation to go along to that event. There also have difference for the city and for residents of the city of been the issues of the Transport Accident Commission Greater Geelong. moving to Geelong, support for Ford, and the development of Avalon Airport, which commenced

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6188 ASSEMBLY Wednesday, 7 December 2011 during the previous Labor government. I think the guided democracy, was making a statement that potential for Geelong to play an even bigger role is indicated that the government has committed to all enormous. councils in this state now having a directly elected mayor and suggesting that if they do not have a directly It certainly is argued that a directly elected mayor could elected mayor, they only have guided democracy. I am bring a stronger voice for advocating for Geelong and not sure if that was his comment, but it might make an its future here in Victoria, as well as nationally and interesting headline if the government is committing to overseas. It is possible that this new model for the directly elected mayors. council will assist in securing Geelong’s future. I would say that over the last few years the council has played I would also ask if this will include an opportunity for that role in a greater way than it had in the past, in terms all those Bellarine residents who have been promised of being a very strong advocate for itself and for the by two Liberal candidates over the last two elections a city that the councillors have represented. We will all chance to vote or have a plebiscite on, or express a view have to wait and see whether a directly elected mayor about, a Bellarine shire. Most importantly, after will achieve that. numerous requests from the Borough of Queenscliffe to the minister and with promises made by the now Certainly there are concerns about whether the model Minister for Planning and the now Minister for Local that is being presented here to the Parliament would Government and by the last Liberal candidate in deliver that outcome. The mayor has no particular Bellarine about them having a plebiscite about their additional powers, aside from the power to appoint boundaries, including the housing on Fellows Road, I councillors to unpaid committee positions. So it does hope there is at least some commitment to that, because not assist in speeding up decision making, which is one the Borough of Queenscliffe has been asking for and of the big issues that people raise when they talk about expecting that for a very long time. a directly elected mayor. The mayor, and more importantly, the community, face a situation where As you know, we are not opposing this bill. I hope it there is potential for a hostile deputy mayor and a works positively for the community of Geelong. hostile council to cause conflict into the future. Many However, it is in no way a substitute for real action and have argued over time that one of the problems of not real investment to ensure that Geelong continues to having a directly elected mayor — by councillors grow and prosper. What the community really wants is electing a mayor for one or two years — is that this to ensure that the government not only meets this conflict will happen every year in the election of that commitment but in fact has a plan to support the mayor. However, we see the potential for conflict on a development and growth of Geelong. Community day-to-day basis if there is a hostile deputy and council. members want improved services. They want the I think that is something we will need to have a look at. expansion of Geelong Hospital, not just $8 million to decant some buildings. They want a second hospital. It is my view that it is still very much contested that They want improved public transport, not to just hear having a directly elected mayor will achieve the goal of they are being slugged an additional $250 a year to having someone who can better represent and advocate commute to Melbourne on V/Line. What they want is on behalf of the city. This was very clearly shown better sporting facilities. What they want is action on through the consultation process, during which there schools that need upgrading. What they want is a safer were differing views about not only whether we should community — where are the 70 extra police officers have one, but, more importantly, what that model might that were promised? be. It is also unlikely that a directly elected mayor will make a difference to the day-to-day council issues At the moment there is no pipeline of investment in about which residents contact me and, I am sure, the infrastructure development in Geelong, which is members for Geelong, Lara and South Barwon. appalling, given the nature of our community. All of the However, I genuinely hope that it works and that it not major projects currently under way or about to be only improves service delivery but also provides the opened are investments that were made under the capacity to further promote and ensure a sustainable Brumby government — from the ring-road, the growing Geelong for future generations. I note that Breakwater bridge, Skilled Stadium and Armstrong there will be a review of the model in two years time. Creek, which is now moving slowly, to the Barwon Heads bridge. Apparently the member for South I will now make a couple of points. I am not sure Barwon, who was a vocal opponent of the Barwon whether the Parliamentary Secretary for Local Heads bridge, is going to be there on the weekend to Government, when he apparently said the government celebrate the naming of it and take credit for it. does not support democratic processes and prefers

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These are the issues of real concern to the residents of it is a great idea to give continuity to the community by Bellarine and Geelong. A directly elected mayor will having a directly elected mayor. It will reduce the not prevent us sliding backwards if the state impact of the annual feud between some Labor government continues its disregard for Geelong and its councillors over whom their local MP has promised the future investment and infrastructure needs. We want job to, or something similar. good schools, good health services, good public transport and a safe community. Unfortunately there is The councillors will have the chance to directly elect no sign of a plan by this government for Geelong. By the deputy mayor. This is a different model to that of all means let us have a directly elected mayor; let us the City of Melbourne; however, it is clearly the desire hope it works, and let us hope we get great, committed of the community. It will give councillors some candidates who can afford to run, put their hands up experience of being in the leadership team, and it will and get elected. But this government cannot say this give the council the opportunity to re-elect the same meets its commitments to Geelong; there are many deputy mayor if they so choose or spread it among more commitments. The Geelong city deserves an other councillors. If the mayor resigns, dies or becomes action plan, and it deserves a flow of infrastructure ineligible, a by-election will be held unless it is six investment to ensure that we have a prosperous and months before the next council election. sustainable community into the future. This will all come into effect by the time of the Ms WREFORD (Mordialloc) — I rise in support of elections in October 2012. After the 2012 elections the City of Greater Geelong Amendment Bill 2011. there will be an electoral review to change the number This bill will allow voters in the City of Greater of councillors, because as a result of bringing in a Geelong to directly elect a mayor for a four-year term. directly elected mayor this time there will be If members look at Geelong, they will see it is a little 13 councillors — — bit different from other places. It is the second-largest city in Victoria — not by municipality, but by city. Mr Eren — No, 12 councillors. Melbourne is a bigger city; however, Geelong is Ms WREFORD — There will be 12 councillors definitely a regional city. Where else on the day after a plus a mayor, which is in effect 13 councillors, just in grand final are churches decked out in white and blue case the member cannot add up. There will need to be a and bells set to play a footy club theme song? There are review to bring it back in line with the Local not many places that do that. It stands as a separate city Government Act 1989, so voting for the mayor will be from the City of Melbourne, and it needs to generate its by the normal preferential voting method. Each voter own events and continue to be distinct from Melbourne. will receive two ballot papers, one for their ward And it needs to attract business. councillor and one for the mayor.

This bill gives the entire community a chance to The mayor will have additional powers, which is an directly elect a mayor. These changes have come about important part of this bill. The mayor will be able to because they have been actively sought by the appoint councillors as chairs and to special committees community. The government promised that it would and also appoint councillors to represent the council on deliver a directly elected mayor for Geelong. As part of other bodies. Mayoral candidates will be unable to the consultation process, the Parliamentary Secretary stand for wards, which will give clarity to the voters, for Local Government, the member for Mornington, who will know if someone is serious about being mayor undertook extensive consultation with the community, or if they do not want to be mayor and would prefer to and what we are delivering in this bill is exactly what run as a councillor. Significantly, this bill will ensure the community has asked for. The bill is a reflection of that a mayor is not seen as having a bias in favour of a what the consultation process brought about. This was particular ward where he or she has sought to be elected not a manipulation of Labor MPs in their caucus; this as a councillor. Allowances for the mayor and the was a proper consultation that was undertaken. deputy mayor will be determined in the same way as The change will make the City of Greater Geelong the they are in the City of Melbourne. second city in Victoria to have a directly elected mayor This bill, in effect, is a trial. It will be reviewed in 2014 for a full four-year term — unless Geelong wins with a view to tweaking the Geelong model. There are another premiership and makes another football player other municipalities in which mayors could be directly mayor for the day, as it did with Matthew Scarlett this elected, at least one of which is larger than Geelong, but year. Mind you, some would say that Geelong currently Geelong is unique with its regional city status and its has three mayors. It has Cr John Mitchell, it has Bill population of 220 000. I had the privilege of being a Brownless and it has Cameron Ling. However, I think

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6190 ASSEMBLY Wednesday, 7 December 2011 mayor in Victoria’s largest municipality. It was an 12 months the coalition has been in government we extremely active and busy role. Councillors put in long have seen a number of not-well-thought-out bills come hours, and there are huge time commitments and before us. We debated one yesterday. The government community demands when you are a mayor. Having a shows that it thinks the bill before the house is not directly elected mayor is a good idea, and clearly the adequate by admitting that it will review the bill in a city of Geelong is going to benefit from this. Every very short period of time — some two years. community group, every town and every city wants their mayor to come and visit, so it is a busy role. It is I have concerns in relation to Geelong. We on this side almost as busy as being an MP. of the house love Geelong. I did a quick calculation of the monetary value of the investments that the former One of the things I have seen in my time in council is Labor government made in Geelong and the wider infighting. There have been factions within the Labor Geelong region. It comes to close to $1 billion worth of Party, and there has been a lot of interference in local investments that took place during the period between government. That is not good for democracy. Also each 1999 and 2010. To indicate how much the Labor Party year when mayoral elections come up in all councils loves Geelong, we put our money where our mouths there is usually a bunfight about who is going to be are. We make sure that the most important regional city mayor. Having someone elected for a four-year term in Victoria, Geelong, gets investment from the state will give certainty to the community and the council. government. From my personal experience as mayor, I know the bunfight over who will become mayor probably takes What do we see this government do for Geelong? your mind off the job for three months leading into the Okay, there were concerns about the democracy of the mayoral elections. council and the community’s desires for a popularly elected mayor. There is no question that the population I am not saying that other councils need a directly would like to elect all of their officials, particularly the elected mayor, but let us look at the model. Let us see mayor. what happens in Geelong, let us see how successful it is and maybe sometime in the future it could happen If you ask the average Joe Blow out there on the street elsewhere. There is no commitment to this from our in Geelong, ‘Would you like to pick your mayor?’, he government, but there is a commitment to review and or she will say yes. There is no question about that. But analyse the figures and see how successful or otherwise there is nothing attached to this bill that is going to this will be in Geelong. The mayoral role is different in improve the lot of Geelong people or how they live Geelong because the city needs to attract events and their lives from day to day. Announcements were establish an identity distinct from that of Melbourne. recently made about the 9 per cent increase in public Geelong needs to be a leader among regional cities. transport fares. Geelong is a long way from Melbourne, Attracting business to the Geelong area is also and there are a lot of people who commute from important. Geelong to work here. They are very reliant on the public transport system. I want to put that on the record. This is a common-sense bill. It is common sense for There is obviously a lot of work to be done in Geelong Geelong. The community wants it, and we are in relation to this government proving that it loves supporting that. In summary, the bill allows the voters Geelong as we do. of the City of Greater Geelong to directly elect a mayor for a four-year term. The directly elected mayor is A rehashing of funding occurred in relation to regional reflective of Geelong’s status as Victoria’s Victoria. The funding through the $1 billion plan over second-largest city, and it is driven by the community. eight years — which is a $500 million plan per term of It is built on a model of consultation, and it comes into government — is to be shared with all the regional effect for the October 2012 elections. It will be cities, including the growth areas like Wyndham in my reviewed in 2014, and it delivers on another one of the electorate. Over four years $500 million is not a lot of coalition’s election promises. I commend this bill to the money. When you break down the $1 billion over eight house. years it comes down to about $125 million a year. When in government we spent over $125 million a year Mr EREN (Lara) — I too rise to speak to the house on Geelong alone. on the City of Greater Geelong Amendment Bill 2011. The opposition is not opposing this bill, but some of my I want to get back to this bill because it is an important colleagues have eloquently put forward the opposition’s bill. I really want to — — concerns regarding the typical way in which this government brings bills before the house. In the

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Mr Watt — On a point of order, Speaker, I know to be a workable solution. I go back to the point I made the debate has been quite wide ranging, but I would say that members opposite are not even sure about how this the member has strayed quite a bit from the actual bill, is all going to work out, so they are going to review the and I ask that you bring him back to it. situation in two years time. My point is that we deserve better than that. Geelong deserves better than that. The ACTING SPEAKER (Mr Pandazopoulos) — Order! I ask the member to Back in 2004 I raised an adjournment issue in which I speak on the bill. called for a popularly elected mayor, but I thought the government was going to put more thought into this Mr EREN — He is eating into my time, Acting legislation. Silly me! Obviously those on the other side Speaker, but that is fine. I know that he hurts; the of the house have not put a lot of thought into this. government hurts whenever I speak well of Geelong What we are going to have is the possibility of an and of how much we have done for Geelong. I do not unworkable council, which is going to distract from the blame the 2-kilowatt dimwit on that side for raising intention — — some — — Mr Watt interjected. Mr Watt — On a point of order, Speaker, I ask the member to withdraw. The ACTING SPEAKER (Mr Pandazopoulos) — Order! The member for The ACTING SPEAKER Burwood! (Mr Pandazopoulos) — Order! I ask the member for Lara to withdraw. Mr EREN — It is going to distract from the intention of having a popularly elected mayor, and that Mr EREN — I withdraw. It is on the record, but I is a concern of mine. It is a huge area and it is a concern withdraw. if, for example, the person elected by the public cannot perform his or her duties accordingly and does not have This is a very important bill. There is no question that any executive power to implement any of the wishes of Geelong is a major player in all things that happen in the mayor. In this scenario decision-making power will Victoria, particularly when it comes to the economy of very much belong to the 12 councillors of the day who Victoria. As we go forward obviously there will be a lot have been elected, and they could be at odds. If seven of growth, particularly in the Geelong area. It will cover of them got together, they could collectively be at odds the Surf Coast shire as well, but predominantly it will with a popularly elected mayor. I am just putting some be in the City of Greater Geelong. We on this side of of those arguments forward, as the members who spoke the house acknowledge that local government is a very before me did, in relation to some concerns. important tier of government; there is no question about that. It is important for all tiers of government to work We are still waiting on announcements about a hospital, together to make sure that the best outcomes are 70 extra police and further education investments, achieved for areas like Geelong. particularly in my area. There are a number of issues that the state government needs to act on rather than Some of my colleagues have raised concerns in relation bringing these cost-nothing-to-the-state-government to, for example, the fact that the mayor of the day could bills before the house. At the end of the day this is not be at odds with the deputy mayor of the day. Let us not costing the state government anything. The government forget that the deputy mayor is elected by the has a bill before the house and of course it will be councillors on an annual basis, which goes back to popular in the media outlets and with certain square one, because it means that the deputy mayor will organisations, but what counts is that the public — — be the second most powerful position on council. There is no question that the mayor of the day, who is The ACTING SPEAKER popularly elected, will go on holidays, get sick or for (Mr Pandazopoulos) — Order! The member’s time whatever reason be unable to fulfil his or her duties on has expired. some occasions. In those situations the deputy mayor will step up to the plate. Debate adjourned on motion of Mr CRISP (Mildura). The politics that people were concerned about and which happened on a year-to-year basis when mayors Debate adjourned until later this day. were elected will transfer to the election of the deputy mayor. If it is a case of, for example, councillors being at odds with the mayor of the day, clearly it is not going

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LEO CUSSEN INSTITUTE stark contrast to the experience of articles, where often (REGISTRATION AS A COMPANY) BILL people specialise, except if they are in large inner urban 2011 law firms where they are rotated around.

Second reading Nationally there has been a move to greater competition with respect to the provision of all forms of tertiary and Debate resumed from 23 November; motion of vocational education, and certainly continuing legal Mr CLARK (Attorney-General). education has not been immune from that move. In recent years efforts have been made to restructure Leo Ms HENNESSY (Altona) — I am delighted to have Cussen for the purposes of getting it ready for the an opportunity to make a contribution on the Leo change to the environment in which it now operates. Cussen Institute (Registration as a Company) Bill 2011. Previously Leo Cussen was reliant on government Acting Speaker, just to keep your expectations in funding to operate, but that is no longer the case. When check, this is a reasonably simple bill, and the Leo Cussen was reliant on government funding — and opposition will not be making extensive contributions in those circumstances it was operating as a statutory to debate on it. As you are no doubt aware, this is a bill authority — the source of its funding was the Public that has been adequately canvassed in the Council, and Purpose Fund. As we know from recent taxation bills effectively it provides a simple change in respect of a that have been through this house, the Public Purpose company structure. For that reason on behalf of the Fund has effectively been winding down over the past Victorian opposition I would like to advise the house four years and it will soon cease to operate. The upshot that it is not our intention to oppose the bill. of these changes in the training, regulatory and funding environment mean that Leo Cussen needs to be As I said, the bill will transform the Leo Cussen prepared to operate in a commercial environment, as I Institute from a statutory body to a company limited by said, where there is greater competition now operating guarantee. In my days at law school the institute was in the sector. known as a provider of continuing legal education for lawyers, but it was also quite an important gateway as This bill will transform Leo Cussen; it is part of its an alternative to doing articles for the purposes of journey. We have seen the changes around education obtaining admission to practice. It provided practical policy in this regard, and the bill will transform its education and training for law graduates. corporate structure to enable Leo Cussen to compete on a commercial footing. My understanding is that its I am very conscious, particularly having read the unique culture and structure will continue; it is simply contributions to the debate in the Council on this bill, that it will move from being a statutory authority to that there is nothing more boring than a bunch of being a company limited by guarantee. lawyers and law students waxing lyrical about their experiences in law school and doing articles, and whilst I would also like to acknowledge that a colleague of I am indeed a lawyer, I do not intend to subject the mine in the other place, the shadow Attorney-General, house to that sort of contribution, because I think there was the recipient of a briefing from the Department of is some risk in this debate that we have the worst of Justice, and we would like to acknowledge the both worlds and that we perpetuate the internal focus Department of Justice bureaucrats for the provision of that lawyers often like to have on their own that briefing. One of the questions that was asked by the professional experiences and socialisation. I am aware opposition, and it was also posed in the Legislative that in law schools there is a certain fervour that Council, was that it was interested to know how the emerges among young graduates who are worried membership of this entity will practically be about how they are going to obtain employment. constructed and who will be the members of the organisation. In our view that question was not Previously the Leo Cussen Institute was one option, adequately responded to in the Council debate, and we and doing articles was another. These days it is quite ask that members on the other side address the issue. Of interesting that less than 50 per cent of law graduates course that is because companies limited by guarantee actually go on to work in the legal profession, and law do not have shareholders; they have members. It is a is now part of a more generalist degree. Leo Cussen model that is often used in the not-for-profit sector. It is provided a different sort of training from that gained by a model that was used, for example, as many those doing articles. I think the benefit of Leo Cussen community health services were transformed into a was that it was well rounded and it exposed its students different corporate structure environment. I also note to a variety of the challenges and requirements of that this question was not responded to in the working in different areas of practice. That is in quite

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Wednesday, 7 December 2011 ASSEMBLY 6193 second-reading speech, so we would like some clarity 2001. Following the passing of the bill the institute will around that issue. become a company limited by guarantee with charitable purposes, those charitable purposes being legal Another issue opposition members want to place on the education. The institute will continue to provide legal record is our concerns about rising fees for Leo Cussen practitioners and prospective legal practitioners with students. However, I am advised by the shadow continuing legal education. Registration of the institute Attorney-General that in the course of the briefings as a company will not create a new legal entity; the provided by the Department of Justice guarantees and company will be taken for all purposes to be a assurances were given that the bill in itself would not continuation of, and the same legal entity as, the contribute to a rise in fees for those doing the Leo institute established by the Leo Cussen Institute Act Cussen course. The department provided confirmation 1972. This bill will allow for the repeal of that act once that there would not be any difference in the cost registration occurs. structure. We rely upon those assurances in our position that we do not oppose the bill, and we will hold the The Leo Cussen Institute was established almost government to account in respect of that assurance. 40 years ago to provide professional training for articled clerks and education for lawyers and to keep Finally, I would like to make a point while I am in the them up to date with developments. Within the lucky position of being on the floor. As I said earlier in Melbourne legal community it is regarded as a real my contribution, we now have 50 per cent of law institution. Not all lawyers went to the Leo Cussen graduates moving into work in the legal profession. Institute, but when I was leaving law school you had Interestingly 52 per cent of law graduates are female, the option of either doing articles in a law firm or going and in my view that is something to be celebrated. But to the institute; accordingly, some people chose the it would be remiss of me not to note and comment on institute while others chose to apply for articles. The the fact that in the 12 months this government has held Leo Cussen Institute provided a course which was well office not one female judge has been appointed to the recognised and well respected and which provided a County or Supreme courts. It is one thing to help measured and known quantity in terms of legal training, corporately restructure one of the providers of legal whereas the articled clerk system I went through was education, but it is also incredibly important that we perhaps a bit more hit and miss: which firm you went to continue to provide proper professional paths for the and who you were assigned to impacted on the quality many talented women who work in the legal of your legal training. For many years the Leo Cussen profession. Institute has provided great services to young lawyers starting out and also to practising lawyers wishing to It is also incredibly important that we continue the great keep up to date with their legal knowledge. work done under the previous government to improve the diversity of the judiciary. There is an incredible Over the last 40 years the market for legal training has amount of talent, both in the areas of private practice in changed significantly, as has the regulatory oversight of the community sector and at the bar, where there are the substance and quality of legal training. This bill many talented women, and it would be more than came about as a result of the 2009 review of the Leo appropriate for them to apply for and be appointed to Cussen Institute Act 1972 done by Crown counsel County Court and Supreme Court positions. I think it is Dr John Lynch. He found that it was not necessary for a great indictment of this government that in 12 months the institute to remain a statutory body for it to provide there has not been one female appointment. its legal education services, and he recommended that the institute be assisted to transition to more of a The greater moves to the diversity of the judiciary and business structure, which would be better suited to the the greater representative nature of the judiciary to competitive legal training environment in Victoria. As a better reflect the diversity in the community were great result of those recommendations the institute proposed achievements of the previous government. We will not that it become a company limited by guarantee with stand idly by and watch that being undone by this charitable purposes — of providing education. The government. Having made those comments, I wish the government has accepted the institute’s proposal to bill a speedy passage through the house. change its corporate structure on this basis and will Mr NEWTON-BROWN (Prahran) — The Leo allow the institute to continue to operate as a viable Cussen Institute (Registration as a Company) Bill 2011 participant in the Victorian legal training sector. As a is a bill which provides for the registration of the result of this bill the institute will be able to open up institute as a company limited by guarantee under new markets within this state and elsewhere in the section 5H of the commonwealth Corporations Act country. The bill has the support of the institute — indeed it came about at the instigation of the institute —

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6194 ASSEMBLY Wednesday, 7 December 2011 and of the government and, I understand, of the judge Sir Arthur Dean, who wrote that ‘by many opposition as well. standards he was our greatest’. On his retirement Sir Owen Dixon publicly lamented that Leo Cussen had My remaining few minutes are an opportune time to not been appointed to the High Court of Australia. In reflect on who Leo Cussen was. Leo Cussen is a name 1972 the Leo Cussen Institute was, at the wish of the people are familiar with now, because it is connected to legal profession, named in his honour. The institute a legal training institute. Leo Cussen was in fact a giant commenced using the business name of the Leo Cussen of the legal world many years ago in Victoria. He was Centre for Law in 2010. More recently Michael Kirby, born in Portland in 1859 and died in 1933. He was retired judge of the High Court of Australia, referred to educated at the then Hamilton College and later at the Leo Cussen as ‘one of the greatest of Australia’s Melbourne University, where he started off in civil judges’. engineering, gaining a certificate in that discipline. He went on to work as an engineer for the Victorian In conclusion, the Leo Cussen Institute is a great railways. He returned to university in 1884, and by institution with a great history; it has been operating 1887 he had obtained a double degree of arts and law. since 1975. It continues to strengthen and support the In 1886 he went to the Victorian bar — he became a administration of justice and the legal system by barrister — and for 20 years he practised as a highly providing high quality education, training and successful member of the junior bar. He never became professional development and offering practical a Queen’s Counsel, but I understand it was not learning programs for Australian lawyers which are uncommon for leading members of the bar in those also recognised internationally. The institute operates in days not to take silk. a financially sustainable manner and on an independent basis. It offers programs in collaboration with leading In 1890 he was appointed a lecturer in law, and in that professionals. Indeed many of Australia’s pre-eminent year he also married Johanna Bevan, with whom he judges have participated in lecture programs with the would have six sons and a daughter. In 1906 he was Leo Cussen Institute. The bill will help to streamline appointed to the bench of the Supreme Court of the operations of the Leo Cussen Institute and enable it Victoria, where he displayed admirable qualities as a to operate in a regulatory framework more appropriate judge. In the words of Sir Robert Menzies, he was ‘one for the times. I commend the bill to the house. of the great judges of the English-speaking world’. Sir Owen Dixon, himself probably one of our pre-eminent Mr NOONAN (Williamstown) — I too rise to make judges, referred to Sir Leo as the ‘greatest of all judges’. a few brief comments in support of the Leo Cussen Leo Cussen combined his great legal intellect with Institute (Registration as a Company) Bill 2011. I great humanity and practicality. indicate, as I think the member for Altona said, that Labor will not be opposing the bill. It might have taken In addition to his duties as a judge Leo Cussen also me 12 months, but I have finally found something in accepted responsibility for the consolidations of the common with the member for Prahran. We might differ Victorian acts of Parliament in this place, which took on pretty much every other issue or on every other place in 1915 and again in 1928. In 1922 he concluded account, but I also undertook some study at the Leo four years of work drafting the bill for the Imperial Acts Cussen Institute. I am the beneficiary of having Application Act 1922, which set out which laws of the completed one of its professional development United Kingdom applied in Victoria. This act, along programs back in the mid-1990s — — with the 1928 version of the consolidated acts, sets out every piece of legislation in force in the state at the time Mr Newton-Brown — Look where you ended up! in a central location. The bill for that act was passed without amendment, and in that year Leo Cussen Mr NOONAN — The same place you have ended received a knighthood for invaluable service to his up, I should say. I am not sure whether that is a good or country. Leo Cussen thus has some connection with bad thing for either of us. Notwithstanding that, the this place as well. He was the acting chief justice of the program I undertook was in the area of industrial Supreme Court in 1930 and 1931. relations law. From memory, it was around the time of the introduction of the commonwealth Workplace Throughout his life Leo Cussen maintained a keen Relations Act 1996 and Australian workplace interest in sport, including University of Melbourne agreements. There was a lot of interest in that new cricket and football as well as involvement with the piece of legislation in the mid-1990s. I found the Melbourne Cricket Club, where he served as president; program highly informative and well attended. It was in fact he was the longest serving president. Leo Cussen practical and affordable, and it offered an opportunity to died in 1933. He was later revered by the Victorian learn from a panel of judges and well-respected legal

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Wednesday, 7 December 2011 ASSEMBLY 6195 practitioners. All these years later I now stand in the Professor Susan Campbell and the other by Dr John Victorian Parliament with a new appreciation of the Lynch, to determine how the institute can remain role of the law in our democracy, particularly from a relevant and viable in a competitive legal education legislator’s perspective. market.

The member for Prahran touched on the life of Leo According to the Attorney-General’s second-reading Cussen, but I will say a few brief things about him, speech, Dr Lynch’s 2009 review ‘recommended that because he was an interesting character who devoted the institute be assisted to transition to a business his life to the law. He practised law for more than structure better suited to the current competitive legal 20 years before being appointed to the bench of the training environment’. To achieve this, Dr Lynch Supreme Court of Victoria in 1906. He was also a proposed that the institute become a company limited servant of this Parliament, having accepted by guarantee with charitable purposes — namely, the responsibility for the consolidation of the Victorian acts provision of education. I understand that the institute of Parliament on two occasions, in 1915 and 1928. In supports this proposition, as it will open up 1922, Leo Cussen also presented to the Victorian opportunities for it to provide legal training in other Parliament the bill for the Imperial Acts Application parts of Australia and allow greater flexibility to Act 1922 — and I am sure other speakers on this side operate in a competitive market. will elaborate on that act when they get their opportunity. This change also coincides with the phasing out of funding from the Public Purpose Fund. The timing of As the member for Prahran also mentioned, Leo Cussen this is fortuitous, particularly given that the Baillieu was lauded for his contribution to the law by many, government recently changed the state taxation including a former Prime Minister and fellow legal legislation. The changes were critiqued by some as practitioners. A recently retired judge of the High Court being about propping up the government’s budget of Australia, Michael Kirby — a person whom many of surplus by bringing forward the time that stamp duty is us would know and respect — has been quoted as paid on property transactions. I am sure the Treasurer, describing Leo Cussen as ‘one of the greatest of who is in the chamber, would dispute that proposition, Australia’s judges’. It is little wonder that just on but it has been put by many, including me. The Baillieu 40 years ago a decision was made to name a new legal government’s changes are set to have a negative impact training centre in his honour. on the Public Purpose Fund, which is being phased out, as the member for Altona outlined in her contribution. The Leo Cussen Institute, as it was originally known, was first established by an act of this Parliament in To return to the bill, I will make one final point, which I 1972. The institute was initially established as a hope will be addressed by the centre’s board and not-for-profit statutory body with the goal of providing management team as part of its transition to a registered the legal system with a high quality education and company. Towards the end of his second-reading professional development program. The centre’s speech the Attorney-General made an important point website, which is very good, rather humbly described about the change to the centre’s corporate constitution. the institute’s achievements over nearly four decades as He indicated that the centre’s new corporate follows: governance would require the institute to pursue charitable purposes, including ‘encouraging access to The centre is proud of its longstanding participation in the risk participation in legal practice by people with diverse management of the legal profession, to enhance protection for legal consumers and strengthen the administration of justice. and disadvantaged backgrounds’. As we know, last year the institute commenced trading This is a very noble approach and should be under the business name of Leo Cussen Centre for encouraged as one the cornerstones of our legal system. Law. It continues to provide what is in my view The law, including the opportunity to practise law, must high-quality education, training and professional continue to be accessible to all. This means people from development in legal practice and the law. The Leo diverse and disadvantaged backgrounds too. Cussen Centre for Law provides this education and professional development in a highly competitive and Given the Attorney-General’s statements, I encourage global education market. This is very different from the board and management team at the centre to revisit what the institute did in 1972, when it provided a its stated goals and aspirations. In reviewing the reasonably unique learning facility that was locally centre’s website and reading the details listed under the based. Times have changed. Hence the centre has ‘Our future’ heading, it is not clear whether supporting recently conducted two reviews, one by the late people from diverse and disadvantaged backgrounds to

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6196 ASSEMBLY Wednesday, 7 December 2011 enter and practise law is still a clear and stated objective The company will be limited by guarantee. Registration of the centre. It might just be an oversight, but neither as a company limited by guarantee is popular among the current objectives nor the values listed on the not-for-profit or charitable organisations. The centre centre’s website mention this important issue. It should falls into that category by providing services to the be clearly stated by the centre. wider legal profession by way of training and developing new graduates. There are several companies Some might ask why this is important. From my that have been established for charitable purposes personal perspective, I completed a course at the which are limited by guarantee. One that comes to my institute in the late 1990s as a union official without mind immediately is the Make-A-Wish Foundation, of formal legal training, and I suggest that in this day and which I am a former national board member. We age someone like me might be classified as a person certainly set that foundation up in that way for from a diverse background. As the centre has done over charitable purposes. It was the best way to run a previous decades, it is important for it to offer all company with that particular purpose, so this bill is comers an opportunity to enter and participate in legal sensible. At this time, in the lead-up to Christmas, it is training. I make this important point because as the important to think of people other than ourselves. centre opens up to a more competitive education Sometimes we can be insular in our political world, but market, it is possible that these access issues will be there are lots of people whose children are very ill and forgotten. Having said that, as I indicated at the outset, who are hurting, and we wish them all well in the Labor will not be opposing this bill. lead-up to Christmas and beyond.

Mrs VICTORIA (Bayswater) — I rise to make a I note that the Australian Securities and Investments contribution to the debate on the Leo Cussen Institute Commission was consulted before the bill was drafted. (Registration as a Company) Bill 2011. Essentially this It is happy with the bill and has said that the proposed bill will establish the Leo Cussen Centre for Law as a registration process is a viable and appropriate method. company limited by guarantee under the ASIC is fine with everything. I have gone to the ASIC commonwealth Corporations Act 2001. The centre is website and had a look at its information on the generally referred to as the Leo Cussen Institute, but it registration of not-for-profit or charitable organisations, is actually the Leo Cussen Centre for Law. It is and it certainly appears that Leo Cussen complies with described as a not-for-profit statutory body. everything along those lines.

The purpose of this bill is to allow the centre to The institute wants to make this transition, which has continue what it does, which is to provide legal training come about as a result of a Crown counsel’s report in and to strengthen and give support to the administration 2009. The Leo Cussen website has some very positive of justice and the legal system in Victoria. The centre things to say and makes all the right noises about its provides what is considered to be very high quality framework for the future. It is a place for young people training, education and professional development. I am who want to further develop their legal interests. The not sure whether anybody has mentioned this, but one website sets out its goals and objectives, including of its alumni is the current Prime Minister. offering practical and contemporary learning programs for Australian lawyers, being the provider of choice for Law graduates have an opportunity to finetune their practical legal training and professional development, skills at Leo Cussen. It is known, certainly among my operating on a financially sustainable and independent legal friends, that it is an invaluable part of what is basis — and that is part and parcel of the new offered in the way of legal training in our state. It was registration process it is going through as well — and established in 1972 and was the only organisation of its collaborating with leading professionals in the design kind, but that is no longer the case. Legal training has and presentation of the centre’s education, training and changed considerably over the past few decades, so the professional development programs. The website also changes we will be making with this bill are certainly states that the research arm of the institute is very necessary at this point in time. Other legal profession important. training institutes and development centres with more suitable corporate structures have emerged, so this bill I like the values of the institute very much. The website will bring the institutes into line. The creation of a states that acting with integrity at all times and company of this nature will allow the institute to respecting colleagues, clients, stakeholders and all other operate effectively in what is now a much more people are values to which it is committed. It is also competitive higher education and training market. committed to quality and professionalism in all of its education, training and professional development activities and to supporting a competitive, competent

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Wednesday, 7 December 2011 ASSEMBLY 6197 and ethical legal profession. It certainly has some over 7000 English and Australian acts dating back to attributes that would be enticing to those who are the 13th century to determine exactly which English looking at studying there. The website also refers to its and colonial acts were applicable in Victoria. I cannot mentoring role and to being independent and not for imagine, but I can try to imagine, how difficult and profit, which is something a lot of people value. The complex that task would have been. Having been a centre also holds up its staff as role models for good humble member of the Scrutiny of Acts and practice. The list goes on. Regulations Committee and examined quite a number of acts of Parliament and statutes and regulations, I can This bill is a sensible piece of legislation. I am glad it appreciate how complex that task would have been, will pass through the house unhindered. I wish the bill a particularly at that time, and how remarkable. speedy passage. In 1964 the Sir Leo Cussen chair of law was created at Mr LANGUILLER (Derrimut) — It gives me Monash University, and in 1972 the Leo Cussen pleasure to rise and speak on the Leo Cussen Institute Institute for Continuing Legal Education was founded (Registration as a Company) Bill 2011. I have done in Melbourne. At Cussen’s death former Australian some interesting research. I must confess that I did not Prime Minister Sir Robert Menzies described him as know very much about the institute. Unlike some other ‘one of the great judges of the English-speaking world’. members, I was not educated at that institute, but I Members of the legal profession stressed his deep understand from members on both sides that it is a good learning, ‘unaccompanied by pedantry’, his soundness one. of judgement, dignity of demeanour, humanity, natural courtesy and sense of public duty. Further, Sir Owen I took the time to find out who Sir Leo Finn Bernard Dixon considered it an extraordinary error of Cussen was. He was a judge who was born on governments not to have appointed him chief justice of 29 November 1859 in Portland, Victoria. His father had the High Court of Australia or of the Victorian Supreme migrated to Sydney in 1841 and established himself as Court. He was an important man and is an important a grocer and provision dealer in Sydney. He then part of our history. He was a great contributor and a married in May 1850. Leo Cussen, the man after whom good citizen, evidently, and so today we have this bill. the institute was named, was educated at the local school, and after winning a scholarship he entered As I said, the Leo Cussen Institute was established in Hamilton College as a boarder in 1875. His story is one 1972 to provide continuing education for Australian of a good man and a good citizen, which is very lawyers in Victoria; to conduct in Victoria courses of important. At 25 he decided to become a lawyer and training in the law; to establish in Victoria schools for returned to university to complete his bachelor of arts in training in the law; to undertake legal studies and 1884. He completed the first and second years of his conduct legal research; to communicate to Australian law degree in 1885 and 1886. lawyers and other persons information on the law and matters related to the law; to promote the efficient He wrote legal articles, and in 1897 he was reputedly practice of the law in Victoria; and to publish material the first Victorian to have an article published in the relating to, resulting from or connected with carrying Law Quarterly Review. I understand from my legally out the objects of the Leo Cussen Institute. That is good trained friends on this side of the chamber that that is stuff. Those functions are all admirable and provide very important, so I want to put that on the record as opportunities to Australians and indeed to Victorians. being very significant. I also understand that he achieved a remarkable reputation for advocacy, opinion What the bill does is change the corporate structure of and wit. Anecdotes abound from this period. I will the Leo Cussen Institute from a statutory body to a quote one: charitable company limited by guarantee. It does not seek to change the work of the institute. Specifically, It almost became a maxim that if a solicitor had a difficult case and did not consult Cussen, he was guilty of negligence. the bill provides that when the institute is registered under the commonwealth Corporations Act 2001 it will It tells a fantastic story about this man that it was become and be deemed a registration company limited established in the law at the time that one would have to by guarantee under section 5H of the commonwealth consult him. What a great quote! act. This follows recommendations from two reviews of the institute’s composition, operation and I also understand that Cussen undertook a complex task governance arrangements in recent years. The bill also of statutory consolidation, which culminated in the provides for corporate continuity. It updates the Imperial Acts Application Act 1922. This project corporate structure of the institute and enables the involved an exhaustive and definitive examination of repeal of the act upon registration of the institute as a

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6198 ASSEMBLY Wednesday, 7 December 2011 charitable company limited by guarantee. The purposes the company will be taken to be a opposition has been assured in the course of the continuation of the same legal entity as the current departmental briefing process that that there will not be institute. Following the registration as a company the any difference in the setting of fees for education and Leo Cussen Institute Act 1972 will no longer have services provided by the institute as a result of this effect. This bill therefore provides for the repeal of this transition to a charitable company limited by guarantee. act on a date to be proclaimed or after the date that the institute is registered as a company. Under section 5 of the Leo Cussen Institute Act 1972 the institute consists of eight members, two of whom As I said previously, the institute was established as a are appointed by each of the University of Melbourne, statutory body corporate in 1972 under the Leo Cussen Monash University, the Victorian Bar Council and the Institute Act 1972. The institute provides practical legal Law Institute of Victoria. The institute’s registration as training for law graduates and continuing legal a charitable company limited by guarantee pursuant to education for lawyers in Victoria. The background of the commonwealth corporations act, once it occurs, this bill includes a review of legal education services in does not create any profit-based entitlements to existing 2006 which was done by the late Professor Susan members. Campbell. It led to the phasing out of funding for the institute from the legal profession’s Public Purpose In terms of future plans, the institute’s website includes Fund. The institute no longer relies on this funding to an extract from its strategic plan and sets out its operate. framework for the future. Specifically, the institute is committed to continuing to strengthen and support the A review in 2009 by Crown counsel Dr John Lynch administration of justice and the legal system by found that it was no longer necessary for the institute to providing high-quality education, training and remain as a statutory body for it to operate. It was professional development in legal practice and the law. recommended that the institute be assisted to transition to a better suited business structure in the current I conclude by placing on record the institute’s listed key competitive environment in which it operates. The attributes, which are admirable attributes: to treat government accepted the institute’s proposal to change colleagues and clients as individuals; to mentor and its corporate structure to allow it to become a company guide; to support continuous improvement; to present limited by a guarantee in relation to charitable purposes. its staff as role models of good practice; to provide The company’s constitution will require the institute to value for money; and to encourage innovation in apply its income structure when promoting its education and training while not disregarding the sound charitable purposes. It is not for the profit of company basis of traditional learning methods. Also the institute members. is an independent not-for-profit organisation. In the event the institute is wound up, the constitution With those few remarks I commend the passage of the will require any surplus assets to be distributed to an Leo Cussen Institute (Registration as a Company) Bill entity with similar charitable purposes. The following 2011. I must very honestly place on record how stakeholders — — impressed I was when I read through the history of this fine man, this fine Australian, whose father had The ACTING SPEAKER established himself as a grocer, and who became a (Mr Pandazopoulos) — Order! Noting the time, we lawyer and received many important compliments from will stop for the dinner break, and the member will very good men and women in this country. have the call when we resume at 8 o’clock.

Mr WATT (Burwood) — I take great pleasure in Sitting suspended 6.30 p.m. until 8.02 p.m. rising to speak on the Leo Cussen Institute (Registration as a Company) Bill 2011. As others have stated, this Mr WATT — As I was saying before the dinner bill provides for the Leo Cussen Institute to be break, the following stakeholders were notified of the registered as a company limited by guarantee under proposed bill: the Supreme Court, the Law Institute of section 5H of the commonwealth Corporations Act Victoria, the Victorian Bar, the Federation of 2001. Section 5H of that act allows state legislation to Community Legal Centres, the Council of Legal deem a body to be a company of a particular type and Education, the Legal Services Board of Victoria, to set the company’s registration date. The proposed Victoria Legal Aid and the Victorian legal schools. It is company name, Leo Cussen Institute, and the worth noting that this group of stakeholders was also registration of the institute as a company will not create consulted as part of the 2009 review. a new entity. As others have said, for all intents and

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While I am on my feet I want to make one observation education for legal practitioners, prospective legal that was also made in the upper house by Mr Pakula, a practitioners and others concerned with the application member for Western Metropolitan Region. Mr Pakula of the law; establishing institutions for training in law said that in his experience: and cooperating with other entities in the conduct of institutions for training in law; promoting the efficient … if you were one of those who missed out on articles of and honourable practise of law; and ensuring access to clerkship, the Leo Cussen Institute was your last chance … participation in legal practice of persons of diverse and There we have Mr Pakula referring to the Leo Cussen disadvantaged background. Institute as a place of last resort for those people who could not find their way into articles. However, I find it The constitution will also protect these charitable interesting to note on the Leo Cussen Institute’s website objectives in a number of ways, including by providing a quote from Julia Gillard, the Prime Minister of that any changes to the objectives will not have effect Australia — the person who holds the highest office in unless the Attorney-General has given prior consent. the nation — saying she tops the list of alumni at the The company must apply its income solely towards the institute. The website states: objectives, as I have previously stated, and that in general terms no part of the company’s income may be I made a deliberate decision that I didn’t want to do articles, I paid or transferred directly or indirectly by way of wanted to do the Leo Cussen course. dividend, bonus or otherwise to its members or their associates. As I said before the dinner break, if the It is interesting to note that Mr Pakula in the other place company is wound up, then any surplus property must has a different opinion on the Leo Cussen Institute to not be paid to its members but transferred to another the current Prime Minister, who certainly does not refer company limited by guarantee with similar charitable to the institute as a place of last resort. purposes. Turning to the bill, the institute board consists of eight Mr Weller — A standard practice. members, of whom two are appointed by each of the University of Melbourne, Monash University and the Mr WATT — A standard practice, as the member Victorian Bar Council and the Law Institute of Victoria. for Rodney says. The Leo Cussen Institute is held in The institute board’s composition reflects the close high regard by many in the legal profession. It was initial involvement of Melbourne and Monash law established under the Leo Cussen Institute Act 1972, schools in developing earlier practical training courses. and this bill will not change the way the institute does At the time the act was passed they were the only business but will merely change the structure to a universities teaching undergraduate law degrees, which company limited by guarantee. I take great delight in is how that came to be. When the institute becomes a speaking on this bill, despite the fact I am not a member company the membership will be governed by its of the legal profession. I commend the bill to the house. corporate structure. The current members of the institute will be the initial members of the company as Mr SCOTT (Preston) — It gives me great pleasure well as its initial directors. As I said, this provides to rise to speak in the debate on the Leo Cussen certainty. The structure will continue the continuity of Institute (Registration as a Company) Bill 2011. As has the management of the institute and reflects the been previously stated, Labor is not opposing this bill. corporate continuity provided for in the bill. However, It is important to note as background to this debate that as it is intended that the initial directors will continue in there has been bipartisan support for the work of the office only for a term not exceeding three years, that Leo Cussen Institute and the important role it plays in will allow time for the appointment of new directors our community. It is interesting to note that a number of following consideration of the maintenance of a alumni of the Leo Cussen Institute from both sides of continuing balance of relevant skills and experience on the house contributed to the debate, which indicates the the board, including skills and experience in legal important role the institute plays in providing an practice, education and training, finance, marketing and alternative mechanism of legal training in our corporate governance. community to articled clerkship.

As I said earlier, the company’s activities will be As has been touched upon by other speakers, the bill governed by its corporate structure, which is to be changes the corporate structure of the Leo Cussen lodged with the Australian Securities and Investments Institute from a statutory body to a charitable company Commission prior to registration. The institute intends limited by guarantee. It is not a bill intended to change to remain a not-for-profit entity. Its constitution will set the functions of the institute — in fact it is intended, as out its charitable purposes, including providing has been touched upon in the debate by other speakers,

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6200 ASSEMBLY Wednesday, 7 December 2011 that the institute continue the important work it As has also been touched upon by other contributors to provides in the community. this debate, only about 50 per cent of legal graduates go on to work in the law, so the Leo Cussen courses not The bill sits in the context of a couple of reviews that only provide a mechanism for people to practise law have been undertaken into the institute’s composition, but they also provide training to people who will go on operation and governance arrangements. As previously to excel in a wide range of activities within our mentioned, one of those reviews was completed in community. I am heartened to see that the great work 2009. It was decided following those reviews to change that has been undertaken at the institute has been the institute’s legal structure from a statutory body to a commended by all speakers across the political divide charitable company limited by guarantee. A charitable in this house. company limited by guarantee is a form that is often used by not-for-profit organisations that are engaged in The institute also runs trainee programs such as community work. From the background facts that I supervised workplace training as well as a continuing have been able to ascertain, that is a suitable form for professional development course and customised the Leo Cussen Institute to take and will provide a firm law-related programs for all professionals. I note that basis for it to continue its operations into the future. there were two members — —

The Leo Cussen Institute was established under the Leo An honourable member — Prahran. Cussen Institute Act 1972. Its board currently consists of eight members who are appointed from the Mr SCOTT — Yes, the member for Prahran and University of Melbourne, Monash University, the the member for Williamstown; I was going to start on Victorian Bar Council and the Law Institute of Victoria. the other side of the house. Two members touched It is my understanding that the governance upon their experiences at the Leo Cussen Institute and arrangements will ensure that the activities of the were quite generous in their praise. It is heartening to institute continue; however, the changes will allow the see that alumni from the institute have such a high Leo Cussen Institute to respond to the winding down of regard for it; it reflects well on the work that has been the Public Purpose Fund, which was dealt with in a bill done there. There are also publications and other work that was recently before this house. undertaken by the institute.

The institute will also be well placed to be independent It is worth touching on the life of Leo Cussen himself, and competitive in the emerging market for legal because it is quite an extraordinary story. The institute services that exists in Victoria, although it is important is named in honour of Sir Leo Finn Bernard Cussen, to note that it will still be a not-for-profit organisation. I who was a judge of the Supreme Court of Victoria. As note the contribution of the member for Altona, who has already been touched upon, an amazing piece of touched on the issue of the costs of legal courses work was done by Sir Leo Cussen when he undertook provided by the Leo Cussen Institute. It is our the consolidation of all acts of the Parliament of understanding on this side of the house — and we hope Victoria, including legislation from the United it will be the case — that the changes instituted by this Kingdom, in order to codify and simplify the law in bill will not affect the cost of courses that the institute Victoria. When I say ‘the law’, I mean all of the law. It provides, something which has been touched upon by was an exercise that took four years and from my other speakers, because they provide an important understanding took a great toll on the health of Sir Leo service for our community. Cussen. All of the acts that applied, including imperial acts from the Parliament of the United Kingdom, were I turn now to the activities of the Leo Cussen Institute. codified in the Imperial Acts Application Act 1922. The These include a practical training course to earn a intellectual scale that that undertaking involved is graduate diploma in legal practice, and this is the aspect something all of us should reflect upon. To be frank, I of the institute’s activities that is most widely referred doubt there would be any person in this place who to. This course provides an alternative educational would have the capacity to perform that task. program to an articled clerkship and is an important pathway into the legal profession in that it is a An honourable member — I am sure you could. course-based alternative to articled clerkship. Not having come from the legal profession but having Mr SCOTT — There was a generous comment spoken to a number of people who come from that across the table. It was quite literally an inspiring piece profession, I know this is a very important aspect of the of intellectual work which reflects the extraordinary work of the institute that I am sure will be important intellect of Sir Leo Cussen and his service to this into the future. Parliament and the community. It set the basis, from my

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Wednesday, 7 December 2011 ASSEMBLY 6201 understanding on reading about it, for simplifying the institution with a limited guarantee, which will provide law in Victoria and providing a very useful mechanism legal protection to persons involved with it. It will no which has served the community well. Sir Leo Cussen longer be a statutory body as such, and it will hopefully is a Victorian story and an Australian story because as move forward to a bright future in which it will help to well as being a great legal mind and serving in legal educate many young minds and bring them into the practice, he was also a judge of the Supreme Court. As legal profession and other professions more broadly. well as providing his services to the Parliament, he was also a sportsperson who represented his university in As I said, we are not opposing the bill, and I hope the both cricket and Australian Rules football. He served as Leo Cussen Institute continues to undertake the president of the Melbourne Cricket Club, holding that wonderful work it does in our community. position from 1907 until his death in 1933. Mr HODGETT (Kilsyth) — I move: His story is really a Victorian story; it is the story of a That the debate be now adjourned. person who in the true sense of the word was an all-rounder. He was someone of great intellectual House divided on motion: pursuits who had a mind that was able to undertake an important piece of legal work on behalf of the Ayes, 43 Parliament and yet was a servant to the community in Angus, Mr Napthine, Dr other aspects of his life. He was in a real sense a Asher, Ms Newton-Brown, Mr Renaissance man who lived a full and varied life in Baillieu, Mr Northe, Mr Battin, Mr O’Brien, Mr both the service of the law and working in the Bauer, Mrs Powell, Mrs community more broadly. Blackwood, Mr Ryall, Ms Bull, Mr Ryan, Mr Returning to the Leo Cussen Institute, it is important to Burgess, Mr Shaw, Mr note that the institute itself is looking forward to the Clark, Mr Smith, Mr R. Crisp, Mr Southwick, Mr future — a future for which I hope this bill will provide Delahunty, Mr Sykes, Dr a firm foothold. Its objectives are: to offer practical and Dixon, Mr Thompson, Mr contemporary learning programs for Australian Gidley, Mr Tilley, Mr lawyers; to be recognised as a national centre of Hodgett, Mr Victoria, Mrs excellence for practical legal training and professional Katos, Mr Wakeling, Mr Kotsiras, Mr Walsh, Mr development; to be recognised nationally and McCurdy, Mr Watt, Mr internationally as a provider of high-quality legal McIntosh, Mr Weller, Mr training; to be recognised by the legal profession as a McLeish, Ms Wells, Mr valued partner in meeting their education, training and Miller, Ms Wooldridge, Ms Morris, Mr Wreford, Ms professional development needs with dynamic and Mulder, Mr innovative programs; to be the provider of choice for practical legal training and professional development; Noes, 43 and to operate on a financially sustainable and Allan, Ms Hulls, Mr independent basis. Hopefully this bill will provide a Andrews, Mr Hutchins, Ms legal framework which will allow that to occur. Barker, Ms Kairouz, Ms Beattie, Ms Knight, Ms Brooks, Mr Languiller, Mr The institute’s objectives further include: to offer Campbell, Ms Lim, Mr programs to support the legal education, training and Carbines, Mr McGuire, Mr professional development needs of other professions; to D’Ambrosio, Ms Madden, Mr collaborate with leading professionals in the design and Donnellan, Mr Merlino, Mr Duncan, Ms Nardella, Mr presentation of the centre’s education, training and Edwards, Ms Neville, Ms professional development programs; and to undertake Eren, Mr Noonan, Mr research to support legal education, training and Foley, Mr Pallas, Mr professional development. It is an organisation that will Garrett, Ms Pandazopoulos, Mr be continued on a not-for-profit basis and aims to Graley, Ms Perera, Mr Green, Ms Pike, Ms continue to strengthen and support the administration of Halfpenny, Ms Richardson, Ms justice in the legal system by providing education, Helper, Mr Scott, Mr training and professional development. Hennessy, Ms Thomson, Ms Herbert, Mr Trezise, Mr This bill will provide an important basis for the future Holding, Mr Wynne, Mr by establishing the Leo Cussen Institute as a charitable Howard, Mr

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The DEPUTY SPEAKER — Order! The result of management and an increase in its existing activities, the division is ayes 43 and noes 43. To enable the the institute is now in a position where it no longer debate to continue, I cast my vote with the noes. relies on this funding; it has become self-sustaining. It is worth noting also that the institute does not receive Motion defeated. government funding. The organisation has been very well prepared for this transition. The 2009 review of the Mr BULL (Gippsland East) — I rise in support of Leo Cussen Institute Act 1972 by Crown counsel the Leo Cussen Institute (Registration as a Company) Dr John Lynch found that it was also not necessary for Bill 2011, which provides for the registration of the the institute to remain a statutory body. institute as a company under section 5H of the commonwealth Corporations Act 2001. The institute In summing up this short contribution to the debate, I has a strong and proud history over four decades, and as repeat what the minister stated in his second-reading we have heard from previous speakers, it is an speech — that is, that in celebrating its 40th anniversary organisation that holds very strong values. It has been the institute will also be able to celebrate a new interesting to hear previous speakers give an account of beginning, which will be for the benefit of Victorian Leo Cussen’s achievements and his extremely well lawyers and aspiring lawyers alike. I commend the bill respected standing in the community and, as we just to the house. heard from the member for Preston, on the sporting field. Mr CARBINES (Ivanhoe) — I am pleased to rise to make a contribution to the debate on the Leo Cussen Since the establishment of the Leo Cussen Institute, the Institute (Registration as a Company) Bill 2011. For a market for legal training has changed significantly. The start, I note that some 52 per cent of law graduates here institute is no longer the only provider of practical legal in Victoria are women. I note further that this Liberal training in Victoria, and there are also numerous government has failed in its first 12 months to appoint providers of practical legal training at a national level. any women as County Court or Supreme Court judges. Therefore it is no surprise that two recent reviews made Given that 52 per cent of law graduates in Victoria are recommendations that the institute be allowed to women, it is a great shame that this Liberal government operate independently and competitively in the market has refused to appoint any women to the position of for legal education services. County Court or Supreme Court judge. It does not seem to matter whether they were perhaps women who Importantly, as a company limited by guarantee for studied at the Leo Cussen Institute; this government is charitable purposes, the institute will be required to refusing to appoint women to senior judicial positions apply its assets and property for the purposes of legal across the board, particularly in the County Court or the education and not for the profit of company members. Supreme Court. The institute will be governed by a corporate constitution, which will require the institute to apply its The changes that are being made by the bill have been income solely in promoting its charitable purposes, and canvassed adequately. They are pretty simple changes no income will be paid or transferred to company to the company structure. The bill transforms Leo members, which is obviously very important. Cussen from a statutory body to a company limited by guarantee. The changes have been recommended by a It is true that the institute has a strong commercial number of reviews, and that work has been very much footing for its future operations, and that has been welcomed by other stakeholders and those interested in proved over recent years. Its financial results certainly matters pertaining to the law. indicate that it will be sustainable without support from the legal profession’s Public Purpose Fund income and I note that over a number of years Leo Cussen has without substantially increasing student fees, which is provided graduates with an opportunity to get their obviously also very important for those intending to practical credentials in the law where they have not attend the institute. taken the more traditional route of an articled clerkship. That has certainly provided an opportunity for people Getting back to the two studies that supported the trying to weigh up, I suppose, the benefits of either course of action proposed by the bill, the first was option. Sometimes doing an articled clerkship might carried out in 2006 and was a review of legal education depend a bit on whether or not you have the good services in Victoria by Professor Susan Campbell, who fortune to be placed with a law firm or particularly as unfortunately passed away recently. It led to the an understudy to a lawyer who can give you the phasing out over four years of funding for the institute appropriate training. Where that happens, that is great, from the Public Purpose Fund. With careful whereas the opportunities that the Leo Cussen Institute

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Wednesday, 7 December 2011 ASSEMBLY 6203 provides people to gain the law experience they need in commitment being followed through in the new their final years of training have a breadth and depth structure. It is clear from the quality and the calibre of probably not always available to those who do an candidates who have been through the institute that this articled clerkship. Those who are able to get a clerkship is something it has delivered on. We would like to see or do their articles have variability in where they go, but more details on the Leo Cussen Institute website about some law firms do not offer the breadth and depth that how it will pursue charitable purposes that include perhaps doing that study through Leo Cussen provides. providing education for and encouraging access to participation in legal practice by people from diverse Certainly it can be an anxious time for students when and disadvantaged backgrounds. they are finishing their commitments to obtain a law degree and are seeking the opportunity to do their I am not claiming that the institute is not committed to articles. Often it is a bit of a lottery; I know that where these matters, but I think it is important that the law be to do that final year of their studies is something that accessible by all — not just by those who require the weighs on the minds of people who are completing a services of the law but by those who choose to take up law degree. My wife is a lawyer. She went through that the law as their vocation in life to represent others. It is process of determining whether she would do an important that we see a breadth and depth of quality of articled clerkship or perhaps go to the Leo Cussen candidates do that. Often those from disadvantaged and Institute. She went on to do an articled clerkship. But I diverse backgrounds can make a great contribution to know that for many young people where they pursue the law, not just as lawyers but also as law-makers in their training depends very much on the opportunities this Parliament. I will seek further information from the available to them. Leo Cussen Institute has provided minister in relation to those matters. Further to the those opportunities for many years. review, it was noted that there would not be any negative effects in changing the structure of the Leo The regulatory oversight of training for legal Cussen Institute. There was a wide-ranging consultation practitioners has changed a lot, and I think that is a key process, and the bill has the support of all parties. point. It is often not available to people who elect to do an articled clerkship. Some stuffy older law firms may We note that the Law Institute of Victoria and other not be up with the latest changes to the law, whereas the community law services, including the West Leo Cussen Institute provides a breadth and depth of Heidelberg Community Legal Service in my electorate training and keeps up with the regulatory oversight of of Ivanhoe, with which I have spoken, have not young lawyers who want to complete their training. expressed concerns about this bill, but the West Heidelberg Community Legal Service raised, as have Dr John Lynch was one of those who was involved in others, the matter of the great value that the Leo Cussen the review that led to the changes that are being Institute has provided to law students and aspiring proposed for the Leo Cussen Institute. He found that it lawyers over many years. People do not go to the would not require much effort to change the institute institute just to pursue the final years of their from a statutory body to a company limited by professional studies in law when they have chosen not guarantee. It is quite clear that the review found the to pursue an articled clerkship in the more traditional changes would be welcome and would not undermine sense; there is also a range of other courses around the key role of the Leo Cussen Institute, which is to industrial law advocacy and different roles such as the provide a breadth and depth of professional one the member for Williamstown and others in this development and opportunity for people who otherwise house have been able to pursue at the institute. That may not have that opportunity and may not be able to goes to the breadth and depth of the services the do an articled clerkship. institute is able to offer that are of great importance to people in the community who are seeking those I note that in the second-reading speech the minister services. referred to the requirement that the Leo Cussen Institute provide access to participation in legal practice by It is also important to note that Leo Cussen made a people with diverse and disadvantaged backgrounds. great contribution as a lawyer in Victoria. He was from This is a critical issue for members on this side of the Portland and made a great contribution as a civil house. I note from investigations I have undertaken in engineer in the late 1800s. He then went on to be relation to the Leo Cussen Institute website that while it acknowledged by a number of eminent jurists and aspires to those goals and seeks to represent those who former prime ministers such as Sir Robert Menzies and are disadvantaged and from diverse backgrounds in our others for his great work. Former Justice Michael communities, we on this side of the house wish to hear Kirby, who would be well known to many members, further from the minister as to how he sees that himself a great law-maker and advocate for equality

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6204 ASSEMBLY Wednesday, 7 December 2011 and justice, also extolled the virtues of the work of Leo chamber, is not a sign of intelligence but rather of Cussen. It is apt that someone of the stature of Leo opportunity and application. People have entered this Cussen in the early part of the last century had the chamber through a number of other pathways: the opportunity to have this institute named in his honour. University of Melbourne, an articled clerkship at a The institute provides opportunities for young people to tier-1 law firm or they may have done the splendid pursue their studies and gain a breadth and depth of articled clerk’s course at RMIT University. experience in the law so they can advocate on behalf of others. The bill before the house has two brief purposes: the repeal of the original Leo Cussen Institute Act 1972 and On this side of the house we are keen to hear more from the registration of the Leo Cussen Institute as a the minister in relation to the work that this organisation company limited by guarantee under the Corporations will do in its new iteration in relation to those who are Act 2001. I note that on this side of the house we have disadvantaged and those from diverse backgrounds not only people who went through universities, RMIT who seek to have a career in the law. The Leo Cussen or the Leo Cussen Institute but also a number of bush Institute has a strong track record in this area, and we lawyers, including people representing places such as on this side of the house have a strong track record of Narracan, Swan Hill, Benalla, Rodney and Morwell. I advocating in this area. I commend the bill to the house. am pleased to support the bill before the house.

Mr THOMPSON (Sandringham) — The Leo Mr McGUIRE (Broadmeadows) — I rise to make a Cussen Institute has performed an important role in brief contribution to debate on this bill. I will not place legal education in Victoria. Australian society has been myself in the category of a bush lawyer, but I marked very much by the rule of law. A magnificent acknowledge the marvellous contribution of Leo case recorded in the Windeyer lectures, and recalled by Cussen in his great and celebrated career. The bill Sir James Killen on occasion, narrates the first legal before the house changes the corporate structure of the trial that took place in Australia. It concerned the theft Leo Cussen Institute from a statutory body to a from a person being transported to the colony of New charitable company limited by guarantee. It does not South Wales by a member of a ship’s crew. Shortly seek to change the work of the institute. That is upon arrival on the New South Wales coast a trial took important to everybody in the house because this place. Under British law at the time the rights of a institute has for generations provided opportunities for a young mother and father of a child were validated and broad range of people from across the community. vindicated, which showed that in the fledgling days of the colony of Botany Bay in Sydney Cove around 1788 Specifically the bill provides that when the institute is the rule of law was applied that asserted the rights of registered under the commonwealth Corporations Act the individual. 2001 it will become a company limited by guarantee. This follows recommendations from two reviews in We in this chamber are the beneficiaries of a chain of recent years of the institute’s composition, operation precedents emanating from the United Kingdom that and governance arrangements. The bill also provides has taken 1000 years to establish. Winston Churchill on for corporate continuity. It will update the corporate one occasion wisely remarked that they could disappear structure of the institute and enable the repeal of the act in the dust in a moment. We stand as the fifth longest upon the institute’s registration as a charitable company serving democracy in the world. The process of legal limited by guarantee. education through the Leo Cussen Institute serves as a continuing landmark of that record of service and the The opposition has been assured during the rule of law which has served the wider Australian departmental briefing process that there will be no community. Over the last four decades or so since the change to the institute’s fees for education or services inception of the Leo Cussen Institute lawyers have gone as a result of its transition to a charitable company out to serve the Australian nation in politics, at the limited by guarantee. That is important, because this is bench and in the commonwealth and state public about equality of opportunity. The fees will be low, services in many different ways. which means the institute will be accessible to people from across the community. No matter what your There are many different pathways into the legal background is, you will have the opportunity to become profession. Some people have left school at the age a lawyer if that is your selected career. It is important of 14 and gone on to study law later in life through that this occur so that our justice system contains admission programs to university. Numbers of people with many different views. members on this side of the house have gained legal qualifications, which, for the benefit of members of this

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I note from earlier contributions to debate that while the more opportunities right throughout the country. The Liberal-Nationals coalition has been in government no institute looks to be a provider of choice for practical women have been appointed to the County or Supreme legal training and professional development and to courts. That is an issue we should draw to the attention operate on a financially sustainable and independent of the house. Given Leo Cussen’s history, demeanour basis. and how he saw the law, he would have wanted more women to be appointed on merit to these places. That Other initiatives and aims are to offer programs to should be placed on the record in this debate tonight. support the legal education, training and professional development needs of other professions and to Mr Wynne — The counterpoint, of course, is all the collaborate with leading professionals in the design and women we appointed. presentation of the centre’s education, training and professional development programs. Again, that opens Mr McGUIRE — There is a point of difference it up to a broader reach of professions and there, yes. Under Labor, there was a broader understanding. It is always good for lawyers to have a representation of the community. Choosing people on broader background; I think we would all agree with merit is always the way to go, and everybody should that, particularly as we know that a number of lawyers have an opportunity. who have come through the Leo Cussen Institute have become law-makers in this house. The breadth of life Under section 5 of the Leo Cussen Institute Act 1972 experience always adds value to the way you see the the institute consists of eight members. The University different perspectives — — of Melbourne, Monash University, the Victorian Bar Council and the Law Institute of Victoria each appoint Mr Wynne interjected. two members, so there is a good sweep and representation across the academic and legal Mr McGUIRE — And of course the gender issue, fraternities. as I am being reminded by my colleagues, is something I totally support. Another proposition is to undertake The institute’s registration as a charitable company research to support legal education, training and limited by guarantee, pursuant to the commonwealth professional development. If you look at the entire Corporations Act 2001, will not create any profit-based package of what this institute has been able to develop, entitlements for existing members. Rather the members it has a noblesse oblige clause at its heart. It provides will be bound by the non-profit activities of the institute lower costs for opportunities for people right across the in accordance with its previous practice of providing community. It does not matter whether you come from legal education, generating research and achieving the a poor area; if you are a smart kid in a poor area you objectives of the act more generally. This is also can still get a chance. important because it goes to the issue of this organisation’s values and world view, which it has held Mr Wynne — Like kids from Broadmeadows. for a long time. Again, what it is doing is not driven by a profit motive; it is driven by a noblesse oblige Mr McGUIRE — Like many people from proposition that there is another element within the Broadmeadows at the legal services there. An eminent community which should be looking out for people former shadow Attorney-General of this state, Neil from this perspective and, put simply, trying to give Cole — — them a better chance in life. Mr Wynne — He was raised in a high-rise estate in The institute’s website includes an extract from its North Melbourne. strategic plan and sets out its framework for the future. The goal is to continue to strengthen and support the Mr McGUIRE — The member for Richmond has administration of justice and the legal system by raised this, and it is an extremely valid point. He served providing high-quality education, training and with distinction at a community legal service, then professional development in legal practice and the law. developed and came through the Parliament here. He This has been the tradition and legacy of this institute. was a former shadow Attorney-General and made a Its objectives under the noble obligation are to offer fine contribution to the state, and he continues to be a practical and contemporary learning programs for fine writer, as I understand it. Australian lawyers, to be recognised as a national Mr Wynne — Indeed he does; he’s a playwright. centre for excellence and to practise legal training and professional development. This is a key proposition: we Mr McGUIRE — Yes. The values are acting with want to see more institutes of this quality providing integrity at all times and respect for colleagues, clients,

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6206 ASSEMBLY Wednesday, 7 December 2011 stakeholders and all other people. The institute looks for something this house and this Parliament should quality and professionalism in education, training and support. It is an admirable goal that we in the chamber professional development activities and supporting a should be supporting in an all-party way. It is what we competent and ethical legal profession, and I am sure stand for in Victoria. we would all vote unanimously for that position. I also understand that the institute supports this proposition, The SPEAKER — Order! The member’s time has and it is important that it actually backs itself. The key expired, and we thank him very much for that reason is that it will open up opportunities for the contribution. institute to provide legal training in other parts of Australia and allow greater flexibility to operate in a Dr NAPTHINE (Minister for Ports) — I move: competitive market. This is important because it is That the debate be now adjourned. another issue of pride for this state, that we can start up these separate models and develop and export them. House divided on motion:

Mr Wynne — So we can export that intellectual Ayes, 44 property. Angus, Mr Mulder, Mr Asher, Ms Napthine, Dr Mr McGUIRE — We can take that intellectual Baillieu, Mr Newton-Brown, Mr property throughout Australia and hopefully Battin, Mr Northe, Mr Bauer, Mrs O’Brien, Mr internationally at a later date. This is what Victoria is Blackwood, Mr Powell, Mrs renowned for, what we pride ourselves on as a state; Bull, Mr Ryall, Ms this is the leadership that we like to support. This Burgess, Mr Ryan, Mr change also coincides with the phasing out of the Clark, Mr Shaw, Mr Crisp, Mr Smith, Mr R. funding from the Public Purpose Fund. The timing of Delahunty, Mr Southwick, Mr this bill is fortuitous, particularly given that the Baillieu Dixon, Mr Sykes, Dr government recently amended the Taxation Fyffe, Mrs Thompson, Mr Administration Act 1997 to prop up its budget surplus Gidley, Mr Tilley, Mr by bringing forward the time from which stamp duty is Hodgett, Mr Victoria, Mrs Katos, Mr Wakeling, Mr payable on property transactions. The impact of these Kotsiras, Mr Walsh, Mr changes is set out and has a negative impact on the McCurdy, Mr Watt, Mr Public Purpose Fund — — McIntosh, Mr Weller, Mr McLeish, Ms Wells, Mr The SPEAKER — Order! The member will return Miller, Ms Wooldridge, Ms to the bill before the house. Morris, Mr Wreford, Ms Noes, 43 Mr McGUIRE — I just wanted to place that point Allan, Ms Hulls, Mr on the record, because it is worth doing. Returning to Andrews, Mr Hutchins, Ms the bill, I seek to make a final point which I hope will Barker, Ms Kairouz, Ms be addressed by the centre’s board of management Beattie, Ms Knight, Ms team as part of its transition to a registered company. Brooks, Mr Languiller, Mr Campbell, Ms Lim, Mr Carbines, Mr McGuire, Mr The Attorney-General made a very important D’Ambrosio, Ms Madden, Mr contribution towards the end of his second-reading Donnellan, Mr Merlino, Mr speech about the change to the centre’s corporate Duncan, Ms Nardella, Mr constitution. The Attorney-General indicated that the Edwards, Ms Neville, Ms centre’s new corporate governance would require the Eren, Mr Noonan, Mr Foley, Mr Pallas, Mr institute to pursue charitable purposes that would Garrett, Ms Pandazopoulos, Mr encourage ‘access to participation in legal practice by Graley, Ms Perera, Mr people with diverse and disadvantaged backgrounds’. I Green, Ms Pike, Ms applaud that proposition, and I think it is something the Halfpenny, Ms Richardson, Ms Helper, Mr Scott, Mr house should support. My colleague the member for Hennessy, Ms Thomson, Ms Williamstown referred to this issue as well. This again Herbert, Mr Trezise, Mr goes to the noblesse oblige proposition that there is an Holding, Mr Wynne, Mr obligation for those who have had a privileged Howard, Mr background or better opportunities in life to actually Motion agreed to. give something back to the community. I think that is

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Debate adjourned until later this day. EMERGENCY SERVICES LEGISLATION AMENDMENT BILL 2011

BUSINESS OF THE HOUSE Statement of compatibility

Orders of the day Mr RYAN (Minister for Police and Emergency Services) tabled following statement in accordance Mr WALSH (Minister for Agriculture and Food with Charter of Human Rights and Responsibilities Security) — I move: Act 2006:

That the consideration of government business, orders of the In accordance with section 28 of the Charter of Human Rights day, nos 6 to 8 inclusive, be postponed until later this day. and Responsibilities Act 2006, I make this statement of compatibility with respect to the Emergency Services House divided on motion: Legislation Amendment Bill 2011.

Ayes, 44 In my opinion, the Emergency Services Legislation Angus, Mr Mulder, Mr Amendment Bill 2011, as introduced to the Legislative Asher, Ms Napthine, Dr Assembly, is compatible with the human rights protected by Baillieu, Mr Newton-Brown, Mr the charter act. I base my opinion on the reasons outlined in Battin, Mr Northe, Mr this statement. Bauer, Mrs O’Brien, Mr Overview of bill Blackwood, Mr Powell, Mrs Bull, Mr Ryall, Ms The bill amends the Country Fire Authority Act 1958 (CFA Burgess, Mr Ryan, Mr act), Emergency Management Act 1986, Emergency Services Clark, Mr Shaw, Mr Telecommunications Authority Act 2004, Forests Act 1958, Crisp, Mr Smith, Mr R. Metropolitan Fire Brigades Act 1958 (MFB act), Summary Delahunty, Mr Southwick, Mr Offences Act 1966 and the Victoria State Emergency Service Dixon, Mr Sykes, Dr Act 2005 to reflect current arrangements, make technical and Fyffe, Mrs Thompson, Mr consequential amendments, increase certain penalty Gidley, Mr Tilley, Mr provisions and modernise outdated provisions. Hodgett, Mr Victoria, Mrs Katos, Mr Wakeling, Mr Human rights issues Kotsiras, Mr Walsh, Mr McCurdy, Mr Watt, Mr The bill engages the following human rights: McIntosh, Mr Weller, Mr McLeish, Ms Wells, Mr freedom of expression Miller, Ms Wooldridge, Ms Morris, Mr Wreford, Ms freedom of movement Noes, 43 right to privacy Allan, Ms Hulls, Mr freedom from forced labour Andrews, Mr Hutchins, Ms Barker, Ms Kairouz, Ms 1. Requirements to provide information Beattie, Ms Knight, Ms Brooks, Mr Languiller, Mr The bill contains the following provisions, which provide for Campbell, Ms Lim, Mr persons to provide information to the Country Fire Authority Carbines, Mr McGuire, Mr (CFA) and the Metropolitan Fire and Emergency Services D’Ambrosio, Ms Madden, Mr Board Brigade (MFESB) as required: Donnellan, Mr Merlino, Mr Duncan, Ms Nardella, Mr clauses 10 and 76 provide that a person who receives a Edwards, Ms Neville, Ms notice requiring them to provide details of the Eren, Mr Noonan, Mr circumstances of a false alarm may provide an Foley, Mr Pallas, Mr explanation of the circumstances of the false alarm and Garrett, Ms Pandazopoulos, Mr any information supporting the explanation; Graley, Ms Perera, Mr Green, Ms Pike, Ms clauses 39 and 93 require a person who conducts an Halfpenny, Ms Richardson, Ms alarm monitoring service to comply with a notice Helper, Mr Scott, Mr requiring the person to provide prescribed information; Hennessy, Ms Thomson, Ms and Herbert, Mr Trezise, Mr Holding, Mr Wynne, Mr clauses 47 and 84 require a person to comply, without Howard, Mr delay, with a request for information as to insurance. Motion agreed to. Clauses 10 and 76 do not require or oblige the recipient of a notice requiring the provision of information to provide the information requested, whereas clauses 39, 47, 84 and 93 do.

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Clauses 10 and 76 provide the recipient with an opportunity the person is interfering with the operations of a brigade or is to provide an explanation, which will then be considered by in or on land, building or premises that is burning or the CFA or MFESB in determining whether there was a threatened by fire. Clauses 16 and 18 also confer power on a reasonable excuse for the occurrence of the false alarm. This member of the police force to remove persons who fail to information is then in turn relevant to determining whether a withdraw (the removal clauses). person should be required to pay the prescribed fees and charges for the attendance of the fire brigade in response to Clause 107 confers power on certain members of Victoria the false alarm. Clauses 10 and 76 may therefore be seen as Police to declare an area to be an emergency area. Clause 108 positively engaging the right to a fair hearing (section 24 of confers powers on certain members of Victoria Police to close the charter act). roads and prohibit a person or vehicle from entering or passing through an emergency area. Clause 109 prohibits a Section 15 — Freedom of expression person from failing to obey a prohibition or order given by a member of Victoria Police in relation to the emergency area Clauses 10, 39, 47, 76, 84 and 93 (the information clauses) (the emergency area clauses). may engage the right to freedom of expression, which has been interpreted to include a freedom not to give information. Section 12 — Freedom of movement

To the extent that the information clauses restrict the right to The road diversion clauses, the removal clauses and the freedom of expression, the restriction falls within the emergency area clauses engage the right to freedom of limitation to this right under s 15(3) of the charter act. In movement by limiting or restricting the roads on which a particular, the provision of information connected to the person can travel or the places in which a person can be. functions and duties of the CFA and MFESB is reasonably necessary for the protection of public order. The information The potential limitations are reasonable pursuant to s 7(2) of relating to false alarms assists the fire services to recover the the charter act. costs associated with false alarms, as well as identifying how to reduce false alarms. The information relating to insurance The limitation is important to better protect public safety, the required to be provided assists the fire services to recover the security of evacuated premises, the safety of emergency costs associated with suppressing a fire. The information as to personnel and facilitate an effective response to emergencies. alarm monitoring services assists the fire services to identify The objective of providing for the removal of persons who disruptions to alarms; better understand why disruptions interfere with fire brigades is to ensure that fire brigades can occur; and identify how to reduce disruptions. Overall, the protect life or property in extremely difficult conditions. information assists the fire services to respond to fires with appropriate speed and effectiveness and ensure appropriate As fires are unpredictable and can cause significant damage recovery of the costs associated with suppressing fires. and injury within a short time, the risk of injury or death is extremely high for persons who remain in burning premises. Section 13 — Right to privacy Typically, fire brigades are the best qualified to determine the risk posed, based on an understanding of fire patterns, Section 13 of the charter act provides that a person has the firefighting capabilities and the structural environment of the right not to have his or her privacy unlawfully or arbitrarily premises. The fire brigades may also protect a person’s life in interfered with. An interference with privacy will not be circumstances where a person may not fully understand or unlawful if it is permitted by law that is accessible and appreciate the dangers with which they are faced. precise. An interference with privacy will not be arbitrary if the restrictions it imposes are reasonable, just and By removing persons from a fire scene where such persons proportionate to the end sought. interfere with firefighters in the course of their duty, that person is not only removed from an immediate danger, but is To the extent that the information clauses engage the right to also unable to jeopardise the brigade’s operations and safety privacy by requiring a person to provide information and potentially other persons’ safety. Further, directing (e.g. information about their insurance arrangements and/or movement in and around the emergency better enables information about alarms in residences), it is necessary to emergency services to protect the safety and security of enable the fire services to recover costs or determine the persons affected by the emergency. circumstances surrounding when an alarm service has been disrupted or disconnected. The collection, use and disclosure The limits imposed by these proposed amendments are of such information will be subject to the Information Privacy proportionate to the objectives sought. Persons are directed to Act 2000. Accordingly, the collection of such information withdraw from the fire scene and are not detained against will not be unlawful or arbitrary. their will. The bill provides for persons to be directed away from the fire scene to a safer location by the safest and For the reasons given above, I am satisfied that clauses 10, 39, shortest route. Persons will generally be able to return to the 47, 76, 84 and 93 are compatible with the freedom of fire scene once it is safe to do so. expression and the right to privacy. The limitations imposed are directly and rationally connected 2. Diverting traffic and removing persons from premises to their purpose. In my opinion, there are no less restrictive means available to achieve this purpose. Clauses 16 and 35 confer power on the chief officer of the CFA to close roads affected by fire and redirect traffic in the Section 13 — Right to privacy vicinity (the road diversion clauses). Where the powers conferred by the removal clauses are used Clauses 16 and 18 confer power on the chief officer and a to order a person to withdraw, or remove a person from member of the police force respectively to order a person to premises used for residential purposes, the right to privacy withdraw from premises burning or threatened by fire where and home will be engaged. Similarly, where the emergency

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area clauses are used to declare an emergency area that Right to privacy and home includes private residences, the right to privacy and home will be engaged. Where the power conferred by clause 24 is used in respect of land used for residential purposes, any interference with a Any interference with a person’s privacy, family or home will person’s privacy or home under clause 24 will not be not be unlawful or arbitrary. The removal powers are limited unlawful or arbitrary. The power is limited to making to circumstances where the person is in premises that are directions for the purpose of protecting life, property or the burning or threatened by fire or the person is interfering with environment. The requirement in clauses 27(1) and 29(3) to the operations of a brigade. The powers are necessary to have a fixed appliance or fire attended by an adult who has protect public safety by ensuring that the person in respect of the capacity and the means to extinguish the fire is necessary whom the powers are exercised is protected from fire and to ensure that fires permitted on total fire ban days are ensuring that the brigade can extinguish the fire, thereby controlled and do not spread. protecting the safety of others. The emergency area clauses are limited to emergencies and in circumstances where it is On its face, clause 9(10) appears to engage the right to necessary to exclude persons for public safety reasons, the privacy. However, section 40 of the CFA act, which is security of evacuated premises or the safety of, or prevention amended by clause 29(10), provides for permits to be granted of any obstruction, hindrance or interference with, persons for non-residential purposes only, such as for a business, engaged in emergency activity. community charitable organisation, statutory corporation, municipal council, industrial operation or trade or for the The powers conferred by clauses 16, 18, 35 and 107 to 109 purposes of public entertainment or religious or cultural are compatible with the freedom of movement and the right to purposes. Accordingly, clause 29(10) does not engage the privacy. right to privacy.

3. Duty to take steps to extinguish a fire For the reasons given above, I am satisfied that clauses 24, 27(1) and 29(3) are compatible with the right to privacy. Clauses 21 and 37(2) require an owner, occupier or a person in charge of land, or to whom a direction is given, to take all Cultural rights ‘reasonable’ steps to extinguish a fire on their property. Clauses 24 and 29(10) potentially affect the enjoyment of Freedom from forced labour cultural rights involving fire, including, but not limited to, the enjoyment of Aboriginal cultural rights. The potential Clauses 21 and 37(2) do not limit the rights protected by s 11 limitations are reasonable pursuant to s 7(2) of the charter act. of the charter act as ‘forced labour’ requires an element of injustice, oppression or avoidable hardship. The duty The purpose of the limitation imposed by clause 24 is to provided by clauses 21 and 37(2) do not authorise forced protect life, property or environment by preventing the labour of this kind. Furthermore, s 11(3)(b) of the charter act lighting of fires in dangerous conditions. The limitation is provides that forced or compulsory labour does not include reduced by limiting the exercise of the power only for the work or service required because of an emergency (e.g. a fire) purpose of protecting life, property or environment. The threatening part of the Victorian community. limitation imposed by clause 29(10) recognises the need to light some fires during total fire bans, but seeks to control Right to privacy and home strictly those fires in order to protect life, property and environment. Where the land is used for residential purposes, any interference with a person’s privacy or home under clauses 21 The limitations imposed are directly and rationally connected and 37(2) will not be unlawful or arbitrary. The amendment to their purposes. In my opinion, there are no less restrictive imposes a duty to take ‘reasonable’ steps, which will vary means available to achieve these purposes. according to the particular circumstances of each case. The duty is necessary to limit the spread of fires as quickly as For the reasons given above, I am satisfied that clauses 24 and possible by, wherever possible, extinguishing or containing 29(10) are compatible with cultural rights. the fire to a particular property. 5. Reverse onus provisions For the reasons given above, I am satisfied that clauses 21 and 37(2) are compatible with the freedom from forced labour A number of provisions impose or amend an evidential onus and the right to privacy. upon a defendant in a criminal proceeding, e.g. clauses 23, 24, 26, 27(1), 28, 29, 37, 51, 53, 54, 55, 89, 90, 106 and 109(2). 4. Prohibition on lighting a fire These provisions engage section 25(1) of the charter act, which provides that a person charged with a criminal offence Clause 24 confers power to direct a person not to light a fire has the right to be presumed innocent until proven guilty in at a specified place and during a specified period of time. accordance with the law. Clauses 27(1) and 29(3) amend the exceptions to sections 39(a) and 40(4) of the CFA act (provisions relating to For example: prohibited actions near fires and total fire bans respectively) by requiring a fixed appliance or fire to be attended by an clause 24 introduces s 37A(2) into the CFA act, which adult who has the capacity and the means to extinguish the provides that a person must not, without reasonable fire. Clause 29(10) prohibits a person who has been granted a excuse, fail to comply with a direction given by the chief permit to light a fire from lighting a fire during a total fire ban officer under s 37A(1); without complying with every condition to which the relevant permit is subject. clause 27(1) amends s 39(a)(i) of the CFA act, which provides that a person shall not leave a fire s/he has lit in

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the open air unless s/he leaves another person who has engaged by false reports of fire, they are generally the capacity and the means to extinguish the fire in precluded from promptly and effectively responding to charge of the fire; genuine alarms of fire.

clause 53 introduces s 106A into the CFA act, which Clauses 55 and 89 prohibit the impersonation of a CFA provides that a person must not, without reasonable or MFESB member. False representation that a person is excuse, damage or interfere with a fire indicator panel. a CFA or MFESB member may appear to give that The prohibition does not apply to an officer or employee person access to powers which limit the rights conferred of the CFA who is acting in the exercise of any power or by the charter act and, if misused, can have significant in the performance of any duty conferred or imposed consequences for public safety. under the CFA act; and For the reasons given above, I am satisfied that clauses that clause 23 more than doubles the fine that may be engage the freedom of expression are compatible with the imposed for a breach of s 37 of the CFA act, which freedom of expression. prohibits the lighting of a fire in the open air in the country area of Victoria during a fire danger period Conclusion unless authorised or directed by or pursuant to some other provision of the CFA act. The maximum term of For the reasons given in this statement, I consider that the bill imprisonment is unchanged. is compatible with the Charter of Human Rights and Responsibilities Act 2006. The Criminal Procedure Act 2009 sets out the laws relating to criminal procedure in the Magistrates Court, County Court Peter Ryan, MLA and Supreme Court. Section 72 of the Criminal Procedure Minister for Police and Emergency Services Act 2009 states that, where an act creates an offence and provides any excuse upon which an accused wishes to rely, Second reading the accused must present or point to evidence that suggests a reasonable possibility of the existence of facts that will Mr RYAN (Minister for Police and Emergency establish the excuse. Services) — I move:

The above clauses do not require the defendant to prove the That this bill be now read a second time. reasonable excuse, but do impose an evidential onus upon a defendant by requiring him/her to put forward evidence Victoria’s resilience has been tested in recent years, which is sufficient to raise the defence. with natural disasters such as the 2009 bushfires and the Courts in other jurisdictions have generally taken the prolonged floods of 2010–11 proving too large for any approach that an evidential onus on an accused does not limit one emergency services agency to manage alone. We the presumption of innocence. Additionally, the clauses that have had the benefit of the interim and final reports of engage the presumption of innocence are based on matters within the knowledge of the relevant defendant and are both the 2009 Victorian Bushfires Royal Commission matters which a defendant would be cognisant of, given that and Review of the 2010–11 Flood Warnings and they would be the defendant’s reason or excuse for not Response. Together these two inquiries have pointed complying with the requirements of the act. The increased strongly to the need to reform Victoria’s arrangements penalties imposed for the offences update the penalties to better align with community expectations and attitudes in for mitigating, responding to and recovering from relation to fire danger and to reflect the community’s concern large-scale emergencies. The government has about the consequences of fire and the public interest in responded to that need by initiating major reform to promoting community safety. Consequently, even if these Victoria’s crisis and emergency management provisions were found to limit the right to be presumed arrangements through releasing a green paper ‘Towards innocent through imposing evidential onuses upon defendants, they would be reasonable and justified under a More Resilient and Safer Victoria’, which sought s 7(2) of the charter act. ideas and feedback to improve the way Victoria responds to emergencies. 6. Other limitations on the freedom of expression

A number of clauses arguably engage the right to freedom of The Emergency Services Legislation Amendment Bill expression, e.g. clauses 47, 51, 55, 56, 77, 89, 104 and 105. 2011 implements a commitment made by the However, the clauses clearly fall within section 15(3) of the government in the green paper by requiring the charter act as they are reasonably necessary to protect public Metropolitan Fire and Emergency Services Board order for the following reasons. By way of example: (MFESB), the Country Fire Authority (CFA) and the Clauses 56 and 77 prohibit the provision of a false report Victoria State Emergency Service (VICSES) to assist in of fire where it is known that the report is false. the response to any major emergency occurring within Knowingly giving a false report of fire has potentially Victoria. This is the first step towards achieving a significant effects on the community. Often several genuine all-hazards, all-agencies approach to trucks are called to a reported fire scene. The costs of operating trucks are also significant. Such false alarms emergency response, particularly for large-scale may risk the safety of persons and property actually emergencies. threatened by fire. When fire trucks are unnecessarily

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Wednesday, 7 December 2011 ASSEMBLY 6211

Since coming into office over a year ago, the personnel, many from New Zealand, Canada and the government has acted to deliver on its commitment to United States, provided valuable support to local support Victoria’s fire and emergency services so that firefighters. The bill extends the existing immunity they are able to continue to protect the people of provisions in the fire services legislation to protect Victoria to the best of their abilities. In the last year, the interstate and international firefighters from personal government has provided a support package for CFA liability as appropriate. In addition, the bill extends the firefighters, which includes better training opportunities provision regarding any damage to property by CFA or and improved facilities around the state, provided MFESB firefighters being considered as damage by fire unprecedented funding to VICSES and provided for insurance purposes, to damage caused by members Victoria’s emergency services with state-of-the-art of interstate and international fire brigades who are communications. exercising duties under the CFA or MFB acts. To ensure that local, interstate and international firefighting In addition to improved infrastructure and resources, it units respond to emergencies together in a coordinated is vital to ensure that our fire and emergency services and effective manner, the bill clarifies that interstate are able to act within a legislative framework that and international personnel, including their equipment, allows them to operate effectively and efficiently in an present in Victoria for firefighting purposes, are under ever-changing risk environment. While the green paper the authority of the chief officer of the relevant fire process will most likely involve a wholesale review of service. the emergency management legislative framework, this bill will amend the emergency services legislation to The bill empowers the chief officer of the CFA to close modernise some outdated provisions, reflect current to traffic any road affected or likely to be affected by arrangements, make technical and consequential fire and to direct traffic on any road in the vicinity if, in amendments and increase certain penalty provisions. his or her opinion, smoke from a fire impairs visibility on the road to such an extent that the safety of any The bill will increase certain penalties in the Country persons using the road is endangered. The bill will Fire Authority Act 1958 (CFA act) and the clarify provisions in the CFA act about total fire bans, Metropolitan Fire Brigades Act 1958 (MFB act) so that such as inserting a definition of ‘incinerator’ and they are consistent with the Sentencing Act 1991 and amending the definition of ‘fixed appliance’ to reflect serve as a more effective deterrent against the relevant the variety of products now available on the market for offences. preparing meals using fire, such as mobile and home-installed pizza ovens, spits and barbecues. The bill will also create several offences for actions that prevent the fire services from promptly responding to The bill will also remove the distinction between urban emergencies, thereby increasing the risks to public and rural brigades in the CFA act, which is consistent safety by delaying rescue attempts. They include the with the CFA’s current approach to brigade offences of damaging or interfering with, or resetting, administration and its service delivery model. Further, fire indicator panels, and of knowingly giving a false the bill extends the application of the regulation-making report of fire. False reports of fire may risk the safety of power in the CFA act regarding the establishment of an persons and property actually threatened by fire, as fire injury compensation scheme to members of forest trucks unnecessarily engaged by false alarms are industry brigades. This recognises the role that forest prevented from promptly responding to genuine alarms industry brigades play in suppressing fires beyond of fire. plantation estates.

There are an increasing number of incidents where The bill seeks to amend the MFB act to allow the chief owners and occupiers deliberately and repeatedly reset officer of the metropolitan fire and emergency service the fire indicator panel after an alarm of fire. The to delegate the power to issue fire prevention notices. audible alarm can be silenced in most systems simply This replicates the corresponding amendment made to by opening the indicator door. Resetting fire indicator the CFA act by the Emergency Management panels on an alarm of fire removes information about Legislation Amendment Act 2011 in accordance with the source of fire or fault in the fire detection system, recommendation 54 of the 2009 Victorian Bushfires thereby delaying the fire services that are required to Royal Commission — Final Report. The bill makes search the premises to identify the location of the fire or other amendments to the MFB act that mirror those fault. available to the CFA, including inserting the offences of obstructing or hindering the fire services, damaging Throughout the volatile 2009 fire season, or interfering with their property, driving over a fire approximately 3400 interstate and international hose or interfering with the operations of the fire

CONTROL OF WEAPONS AND FIREARMS ACTS AMENDMENT BILL 2011

6212 ASSEMBLY Wednesday, 7 December 2011 services with a vehicle. Such offences compromise the amending the CFA act to allow persons from those ability of the fire services to respond effectively to a fire organisations to exercise the powers of the CFA chief and place the safety of the firefighters and the public at officer when directed to do so by the CFA, or if the risk. person believes there is an imminent risk of fire occurring, or a fire is burning in the country area of The bill will clarify that VICSES is able to engage in Victoria. fundraising and promotional activities, and will allow VICSES members who are claiming compensation for The bill will also amend the Forests Act 1958 to protect injury recourse to the Accident Compensation DSE firefighters, its NEO partners and interstate and Conciliation Service and medical panels under the international firefighters from personal liability as Accident Compensation Act 1985, as an alternative to appropriate when carrying out firefighting, planned costly and lengthy litigation in the courts. burning operations or other fire management activities under the Forests Act. This will support the The bill will amend the Emergency Management Act government’s long-term target for planned burning on 1986 to implement several outcomes of the review of public land and ensure that Victoria can extend the ‘Guidelines for the operation of traffic management consistent protection from liability to all firefighters in points during wildfires’ undertaken by Victoria Police, Victoria. in response to recommendation 10.5 of the 2009 Victorian Bushfires Royal Commission — Interim Recommendation 66 of the recently released final Report regarding the operation of roadblocks during report of the Review of the 2010–11 Flood Warnings emergencies. The bill amends the Emergency and Response recommends ‘the state undertake major Management Act to provide senior sergeants, who reform of Victoria’s emergency management perform the role of divisional patrol managers, with the arrangements to bring about an effective “all-hazards, power to declare an emergency area on their own all-agencies” approach’ (page 149). The government is authority, if they are of the opinion that it is necessary committed to delivering a modern all-hazards to exclude persons from the area of the emergency to all-agencies emergency management framework and is ensure public safety, the security of evacuated premises dedicated to supporting our emergency services to help or the safety of persons engaged in emergency activity. protect Victorians. This bill represents a small but The bill also increases the emergency area declaration significant step in that reform process. period from 24 to 48 hours to allow for suitable recovery time after an emergency and allows for an I commend the bill to the house. extension of the declaration period for up to 48 hours. Debate adjourned on motion of Mr HOLDING The emergency services commissioner determines (Lyndhurst). performance standards for the Emergency Services Telecommunications Authority (ESTA), which Debate adjourned until Wednesday, 21 December. provides and manages operational communications for the dispatch of the emergency services. The bill amends CONTROL OF WEAPONS AND FIREARMS the Emergency Services Telecommunications ACTS AMENDMENT BILL 2011 Authority Act 2004 to allow the commissioner to determine generic as well as agency-specific standards Statement of compatibility for the service performance of ESTA. This will allow ESTA to better manage call taking on a combined, Mr RYAN (Minister for Police and Emergency rather than single-agency basis, which is more Services) tabled following statement in accordance operationally efficient, requires fewer resources and with Charter of Human Rights and Responsibilities increases compliance with the standards set by the Act 2006: commissioner. In accordance with section 28 of the Charter of Human Rights The Department of Sustainability and Environment and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the Control of (DSE) is responsible for the prevention and suppression Weapons and Firearms Acts Amendment Bill 2011. of fires on public land and undertakes this through the networked emergency organisation (NEO) partnership In my opinion, the Control of Weapons and Firearms Acts model, which includes the Department of Planning and Amendment Bill 2011, as introduced to the Legislative Assembly, is compatible with the human rights protected by Community Development, Parks Victoria, the the charter act. I base my opinion on the reasons outlined in Department of Primary Industries, VicForests and this statement. Melbourne Water. The bill recognises this model by

CONTROL OF WEAPONS AND FIREARMS ACTS AMENDMENT BILL 2011

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Overview of bill Second reading

The purpose of the bill is to amend: Mr RYAN (Minister for Police and Emergency 1. section 5 and 11A of the Control of Weapons Act 1990 Services) — I move: to subject prohibited persons to an indictable offence for possessing, carrying or using an imitation firearm; That this bill be now read a second time.

2. section 10D(6) of the Control of Weapons Act 1990 to The bill makes a range of amendments to the Control of remove the requirement that seven days must elapse Weapons Act 1990 (Control of Weapons Act) and the from the publication in the Government Gazette of Firearms Act 1996 (Firearms Act) to improve the notice of a planned declaration of a designated area for random weapons searches before the search may occur; operation and effectiveness of the regulatory regimes under those acts. 3. section 3 of the Firearms Act 1996 to extend the definition of a firearm to include blank firing pistols that The bill amends the Control of Weapons Act to make it are capable of being modified to fire a live round; an indictable offence for prohibited persons to possess, 4. section 5 and 7C(3) of the Firearms Act 1996 to remove carry or use imitation firearms. Formerly, prohibited the distinction between a registered or unregistered persons were subject to an indictable offence under the firearm when in possession, carried or used by a Firearms Act for this conduct, but the regulation of prohibited person; imitation firearms passed on 1 July 2011 to the Control of Weapons Act. The applicable offence in that act is a 5. section 16(8)(b), 16(12), 16(13), 16(14), 16(15), 16(16), 123C(1)(c)(v) and 3(1) of the Firearms Act 1996 to summary offence that carries a maximum penalty of allow international shooting events to be recognised for 240 penalty units or two years imprisonment. the purposes of the handgun participation rules; To provide a stronger degree of deterrence, the bill 6. section 16(3), 16(4), 16(5) and 16(6) of the Firearms Act creates a new indictable offence prohibiting prohibited 1996 to reduce the minimum number of shooting events that a licensed handgun owner with more than one class persons from possessing, carrying or using imitation of handgun must participate in each calendar year; and firearms. The maximum penalty for this offence will be 1200 penalty units or 10 years imprisonment. 7. schedule 3 of the Firearms Act 1996 to exempt members of Victoria’s firefighting and emergency services who Victoria Police has been enforcing imitation firearm use a category E firearm for the purposes of backburning legislation for many years. The changes in the bill will and planned burning. not, in any way, alter the approach adopted by police to Human rights issues toy guns, which are playthings that fall outside of the definition of both firearm and imitation firearm under Human rights protected by the charter that are relevant to the legislative scheme. Victoria Police members have the bill been exercising their powers in relation to imitation Clause 5 of the bill makes a minor amendment to the firearms appropriately for many years and I expect that controlled weapons search regime and in my opinion has no they will continue to exercise their powers in a manner impact on rights protected under the charter act. that ensures appropriate enforcement. The clause removes the requirement for a seven-day notice period between publication of a notice in the Government The government’s election commitment to reduce knife Gazette declaring an area to be a designated area and the crimes included a commitment to remove the seven-day commencement of random weapon searches under the notice period for random weapons searches. In planned designation provisions. However, the requirement to fulfilment of this commitment, the bill amends the advertise planned designations in both the gazette and a daily newspaper is retained. Control of Weapons Act to remove the requirement to publish notice of a declaration of a planned designation In my opinion, no other provisions in the bill engage rights of a search area at least seven days prior to the protected by the charter act. declaration coming into effect. Publication of the notice Conclusion in the Government Gazette and a newspaper will still be required, but will be able to occur at any time rather For the reasons given in this statement, I consider that the bill than seven days prior. is compatible with the Charter of Human Rights and Responsibilities Act 2006. Planned designations of search areas may be made Peter Ryan, MLA where an event is to be held in the area and incidents of Deputy Premier violence or disorder involving the use of weapons have Minister for Police and Emergency Services occurred on previous occasions, and there is a likelihood that the violence or disorder will recur. The

ASSOCIATIONS INCORPORATION REFORM BILL 2011

6214 ASSEMBLY Wednesday, 7 December 2011 distinction between planned area designations, which designed for the sole purpose of being used in require pre-notice, and unplanned area designations, backburning and planned burning operations without which do not require pre-notice, will be maintained. the need for a firearm licence. The devices discharge The only change will be that Victoria Police will be small incendiary pods that ignite on contact with the able to select the timing most appropriate to the bush. The pods are propelled using compressed carbon circumstances in relation to publication of notices for dioxide and fall within the definition of a category E planned area designations. firearm.

The bill makes a number of amendments to the These operations are a key part of combating bushfires Firearms Act. The definition of a firearm will be in Victoria. The devices will allow greater accessibility, extended to include blank firing firearms that resemble speed and improved safety of those involved in operable firearms and are capable of being modified to backburning and planned burning operations. The fire a live round. Starter pistols that do not resemble amendment will ensure that backburning and planned firearms, of the type commonly used at sporting events, burning can take place as efficiently as possible. are not regulated and this will not change. The amendment will ensure that only blank firing devices I commend the bill to the house. that look like firearms, and are capable of being modified to fire a bullet with possibly little time or Debate adjourned on motion of Mr HOLDING effort, are treated as firearms. (Lyndhurst).

The bill also amends the Firearms Act in relation to Debate adjourned until Wednesday, 21 December. prosecutions where prohibited persons possess, carry or use a firearm. Currently, there are two relevant offences ASSOCIATIONS INCORPORATION in section 5 of the Firearms Act, which make a REFORM BILL 2011 distinction between a registered and unregistered firearm. The Victorian County Court recently ruled that Statement of compatibility in order to bring a successful prosecution against a prohibited person for possessing, carrying or using an Mr O’BRIEN (Minister for Consumer Affairs) unregistered firearm, it would have to be demonstrated tabled following statement in accordance with that the accused had knowledge of the status of the Charter of Human Rights and Responsibilities Act firearm. This is very difficult to prove. The offences are 2006: intended to prevent prohibited persons from possessing, using or carrying any firearm, regardless of whether it In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (charter act), I make this is registered or unregistered. Therefore, this amendment statement of compatibility with respect to the Associations will combine the two offences so that it is an offence Incorporation Reform Bill 2011. for a prohibited person to possess, carry or use a firearm irrespective of its status. In my opinion, the Associations Incorporation Reform Bill 2011 (the bill), as introduced to the Legislative Assembly, is compatible with the human rights protected by the charter act. One of the requirements for holding a handgun licence I base my opinion on the reasons outlined in this statement. in Victoria is that the licensee must be able to demonstrate the ongoing validity for that licence by Overview of bill participating in a number of shooting events each year. The purposes of the bill are to: This bill will amend the minimum number of shoots a licensee with multiple classes of handguns must introduce a new principal act that will repeal and replace undertake and where those shoots can take place. the Associations Incorporation Act 1981; Shooting events undertaken overseas as well as incorporate amendments to the Associations interstate will be recognised for the purposes of the Incorporation Act 1981 contained in the Associations handgun participation rules. These rules are a Incorporation Amendment Act 2010 (2010 amendment requirement of the national handgun agreement, act) and in part 3 of the Associations Incorporation supported by COAG. The amendments will bring Amendment Act 2009 (2009 amendment act) and provide for the repeal of those amending acts; Victoria’s rules more into line with other states and territories. consolidate the provisions of the Associations Incorporation Act 1981 that are most commonly used by Finally, the bill amends the Firearms Act to allow volunteer members and office-holders of incorporated members of the Victorian firefighting and emergency associations into the initial parts of the act with technical and administrative provisions consolidated in later, services community to use certain devices that are separate parts;

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modernise the language and structure of the associations The registrar and any other eligible applicant may take part in incorporations legislation; and an examination under that section.

make technical and consequential amendments. Section 596B of the Corporations Act (as modified) provides the Supreme Court with a discretionary power to summon a Application of non-Victorian law person for examination about an incorporated association’s examinable affairs if an eligible applicant applies for the Part 11 of the bill deals with the application of the summons and the Supreme Court is satisfied that the person Corporations Act 2001 (cth) (Corporations Act) to has taken part or been concerned in examinable affairs of the incorporated associations, recognising that effective incorporated association, has been or may have been guilty of governance is just as important for incorporated associations misconduct in relation to the incorporated association, or may as it is for corporations. Clause 144 excludes incorporated be able to give information about the examinable affairs of associations from the general operation of the Corporations the incorporated association. Act and part 3 of the Australian Securities and Investment Commission Act 2001 (cth), except to the extent provided by Section 597(7) of the Corporations Act provides that a person the rest of part 11. Clause 145 of the bill applies a range of who is examined must not, without reasonable excuse, refuse modifications of the Corporations Act so that it will operate in or fail to answer a question that the court directs him or her to the Victorian context. Among other things, the operation of answer. Section 597(12) provides that a person is not excused certain Corporations Act provisions are modified to substitute from answering a question put to the person at an Victorian courts and public authorities, such as the Registrar examination on the ground that the answer might tend to of Incorporated Associations created by clause 187 of the bill incriminate the person or make the person liable to a penalty. and the Director of Consumer Affairs Victoria. Section 597(12A) allows a person to claim direct immunity The effect of the declaratory provisions in part 11 of the bill from self-incrimination by providing that any answer which are to apply specified provisions of the Corporations Act to may incriminate a person is not admissible in evidence incorporated associations as if those provisions were a law of against the person in a criminal proceeding or a proceeding Victoria. Accordingly, s 32 (the interpretive rule) will apply for the imposition of a penalty. This immunity does not to the Corporations Act provisions as modified, Victorian extend to proceedings brought in respect of the falsity of an public authorities are substituted for commonwealth public answer provided by a person during these examinations. authorities so s 38 of the charter act will also apply. Section 597(12A) does not prevent the indirect use of compelled testimony, for instance as a tool for investigating a Human rights issues criminal offence.

The bill raises a number of human rights issues. Clause 146 of the bill applies certain civil penalty provisions of part 9.4B of the Corporations Act (with modifications) to 1. Examinations and information-gathering activities officers of incorporated associations. As a result, s 1317R of the Corporations Act applies, as modified, to incorporated Clause 153 provides that the text of part 5.9 of the associations, so that the Director of Consumer Affairs Corporations Act applies with modifications to any matters Victoria may require a person to give all reasonable assistance declared under division 2 of part 11 of the bill. Part 5.9 in connection with civil penalty or criminal proceedings under provides for examination of persons about a corporation’s both the bill and the Corporations Act. Section 1317R(3), as affairs; for orders to be made against a person where that modified, provides that the director can only require a person person is guilty of fraud, negligence, default, breach of trust to assist in connection with criminal proceedings if he or she or breach of duty in relation to a corporation and the is unlikely to be a defendant in the proceedings, and is an corporation has suffered loss or damage; and for the powers employee, agent or office-holder of the incorporated of the courts where various forms of external administration association or is the business partner of the person who is the have been ordered. Clause 145 modifies the operation of subject of the proceedings. part 5.9 to provide for the Supreme Court to summon a person for compulsory examination about an incorporated Section 1317Q provides a direct use immunity so that association’s examinable affairs. evidence given, or documents produced, by an individual in civil proceedings under part 9.4b cannot be used as evidence Section 596A of the Corporations Act (as modified by against that individual in criminal proceedings based on the clause 145) provides that the Supreme Court must summon a same (or substantially the same) conduct that constituted the relevant person for examination about an incorporated civil contravention (except for criminal proceedings in respect association’s examinable affairs if an eligible applicant of falsity of evidence given by that individual). As with applies for the summons and the Supreme Court is satisfied s 597(12A), s 1317Q does not prevent the indirect use of that the person to be examined is or was an office-holder of compelled testimony. the incorporated association or a provisional liquidator of the association. An ‘eligible applicant’ means the registrar of Additionally, clause 158 of the bill provides for a further incorporated associations, a liquidator or administrator of the power of examination that enables an inspector to apply to the incorporated association, or a person authorised by the Magistrates Court for an order requiring the person to answer registrar to make such applications. An incorporated questions or provide information in relation to an alleged association’s ‘examinable affairs’ is defined in s 9 of the contravention of the bill. Clause 161 grants the director or an Corporations Act as ‘the promotion, formation, management, inspector power to direct a publisher to produce specified administration or winding up of the incorporated association; information that has either been published or is required to be any affairs of the incorporated association; or the business kept by the publisher under this bill. Clause 182 permits an affairs of a connected entity of the incorporated association in inspector conducting a search to require the occupier of the so far as they are relevant to the incorporated association.’ premises, or their agent or employee, to provide information,

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documents or reasonable assistance to the inspector. fundamental as the protection against compulsory demands Clause 176 states that it is an offence to refuse or fail to give for verbal answers. information to an inspector or do any other thing required by an inspector under these provisions. Under clause 177, a Section 24(1) of the charter act protects the right to a fair person can refuse to give information on the basis of hearing in both civil and criminal proceedings. The protection self-incrimination. However, clause 177(2) provides that it against self-incrimination and compelled testimony is a extends only to testimony not to the production of documents. general incident of the fair hearing right.

Clauses 146 and 153 of the bill, by applying the relevant (b) The importance of the purpose of the limitations provisions of the Corporations Act, engage the rights of an individual not to be compelled to testify against himself or The reason for limiting the protection against herself, or to confess guilt, to a fair trial, and to freedom of self-incrimination by not providing a derivative use immunity expression. Clauses 161, 176, 177 and 182 of the bill also is to enable the regulator to perform its compliance and engage these rights to a lesser extent. enforcement functions, given the difficulties of investigating offences against the Corporations Act. The purpose is also to Right not to be compelled to testify (s 25(2)(k)) and the right assist liquidators, administrators and inspectors to discharge to fair trial (s 24(1)) their duties in regard to an incorporated association. Fraudulent conduct involving the finances of an association Part 5.9 of the Corporations Act abrogates the privilege may involve a tangled web of activities which can only be against self-incrimination by compelling testimony, but unravelled and understood by a prolonged and meticulous s 597(12A) provides an immunity against that testimony journey through complex records. To allow persons who have being used directly in subsequent proceedings. It does not the necessary knowledge of these transactions to refuse to prevent ‘derivative’ use of the testimony, which is when, as a answer questions, or in the case of part 12 of the bill, to refuse result of the compelled statement, further evidence is to produce documents, may make it impossible for uncovered that incriminates the maker of the statement. investigators to understand these transactions. This may Section 597(12A) does not prevent such further evidence undermine the whole investigative process as well as any being used in a criminal prosecution against the person. In liquidation or administration proceedings that may also be on respect of criminal proceedings following civil foot. contraventions, s 1317Q also provides a direct immunity, and does not prevent indirect use of the compelled testimony. In relation to the compulsion to produce documents, such Clauses 161, 176, 177 and 182 of the bill expressly preserve documents that will be relevant to proceedings under the act the privilege against self-incrimination in relation to will have been produced in compliance with duties and compelled testimony, but the privilege is abrogated with obligations that committee members and office-holders respect to documents. willingly taken on.

Clauses 146, 153, 161, 176, 177 and 182 of the bill limit the Further, although a derivative use immunity to counter the protection against self-incrimination provided by ss 25(2)(k) regulator’s compulsory information-gathering powers would and 24(1) of the charter act, as a person who is compelled to mean that these rights are not limited, I consider that it is too respond to examination by the court or produce documents to great a forensic advantage to give to examinees. If examinees an inspector is not protected against the indirect use of that could ensure that any information, document or other thing information in future criminal proceedings. However, I am of derived directly or indirectly from the information they the view that the limitation is reasonable under s 7(2) of the provided would be rendered inadmissible in any later criminal charter act for the following reasons. or penalty-exposing proceedings against them, they would be able to effectively protect themselves from prosecution. This (a) The nature of the rights being limited would have a ‘thawing’ effect on investigations, as the regulator will be reluctant to examine suspected principal Section 25(2)(k) of the charter act provides that a person who offenders early (or at all) in an investigation, given the has been charged with a criminal offence has the right not to possibility of these persons becoming prosecution proof by be compelled to testify against himself or herself or to confess volunteering information during a compulsory examination, guilt. The Supreme Court held that this right, as protected by and may prevent valuable evidence being placed before the the charter act, is at least as broad as the common law courts. Investigations would be more circuitous, costly and privilege against self-incrimination. It applies to protect a less time efficient to avoid any possibility of immunising the charged person against the admission in subsequent criminal key players from prosecution. proceedings of incriminatory material obtained under compulsion, regardless of whether the information was A derivative use immunity would also place an excessive and obtained prior to or subsequent to the charge being laid. The unreasonable burden on the prosecution to prove that any common law privilege includes an immunity against both item of evidence it sought to tender in a criminal trial against direct use and derivative use of compelled testimony. an examinee who had claimed derivative use immunity was not obtained either directly or indirectly from that person’s At common law, the High Court of Australia has recognised examination. This would unduly complicate trials and that the application of the privilege to documentary material is generate separate hearings to determine just when, and from not as broad as the protection against compelled oral what sources, particular information was obtained. testimony. Additionally, other jurisdictions have generally regarded a compelled order to hand over existing documents (c) The nature and extent of the limitations as not constituting self-incrimination. Accordingly, any protection afforded to documentary material by the privilege While the use of derivative evidence engages one aspect of is limited in scope and this aspect of the right is not as the rationale for the right, that a person should not be required to assist the state in building a case against him or her, it does

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so to a lesser extent than the direct use of compelled the writing is not compelled. Furthermore, the handing over testimony because the derivative evidence exists of pre-existing documents to investigators on request or as independently of the testimony of the accused. Further, it does compelled by a court in most circumstances is analogous to not engage the most important principles underlying the right, the seizing of documents or evidence through the execution of namely reducing the risk of improper interrogation techniques a lawful warrant. The execution of a lawful warrant does not by public authorities, and the unreliability of evidence engage the right to protection against self-incrimination. obtained through such methods. (d) The relationship between the limitation and its purpose Furthermore, the abrogation of the privilege against self-incrimination by the Corporations Act provisions is There is a close relationship between the limits and their limited to prescribed situations. In relation to s 596B(1)(b)(i) purpose. The experience of enforcing these laws has shown of the Corporations Act, the Supreme Court can only that granting immunities in a regulated commercial context to summon a person for mandatory examination about an the type of individuals most likely to be examined and incorporated association’s examinable affairs (the scope of exposed to criminal and civil penalties leads to protracted which is limited by the definition in s 9 of the Corporations investigations, with the result that those responsible for Act), and can only summon a person who is (or was) a wrongdoing and misconduct can ultimately escape liability. member of the committee or the provisional liquidator of the The absence of a derivative use immunity in relation to the incorporated association. In relation to s 1317R, the application of Corporations Act provisions will allow the regulator’s power to require assistance in investigating regulator to effectively investigate and unravel the complex contraventions is limited to persons who are unlikely to affairs of an incorporated association without jeopardising the themselves be defendants, and who have a tangible success of any criminal or civil penalty proceedings which involvement in the incorporated association’s activities. The may be brought after all relevant information has come to people who will be subject to these powers have all chosen to light. participate in regulated activities and have assumed duties and obligations in relation to the incorporated association. In relation to the limited abrogation effected by clause 177, it is necessary for regulators to have access to relevant While the Supreme Court also has a discretionary power documents to ensure the effective administration of the under s 596B(1)(b)(ii) of the Corporations Act to summon a regulatory scheme. Persons who will be subject to this power broader class of people for examination, including any person will be aware of their obligations to keep and provide such able to give information about the examinable affairs of the documents which relate to compliance (or non-compliance) incorporated association, I am of the view that the abrogation with the regulatory scheme and cannot reasonably expect to of the privilege against self-incrimination will still only occur be immunised from their production. in narrow and appropriate circumstances. In regards to the examination of persons who are not office-holders of an (e) Less restrictive means reasonably available to achieve incorporated association in accordance with s 596B(1)(b)(ii), the purpose it is highly unlikely that this class of persons would be at risk of incriminating themselves with the information that they The availability of a derivative use immunity in relation to the provide to a court and eligible applicant through the operation Corporations Act provisions would not allow the legislative of these provisions, given that such persons would not be scheme to achieve its purpose because it would make subject to the duties and associated penalties in this bill. investigations and prosecutions more complex and less Further, a person who applies to the court for a summons to effective. Having considered the right against examine a person under s 596B must lodge an affidavit in self-incrimination in other common law jurisdictions and support of his or her application as required by s 596C. This under human rights instruments, as well as commonwealth underpins the requirement in s 596B that the court ‘must be government reports on use immunity provisions in satisfied’ that the summonsed person may be able to give corporations law, I am of the view that direct use immunity information about the examinable affairs of the association for oral testimony is sufficient protection for individuals who before a summons will be issued. have voluntarily taken on positions of responsibility and privilege in a regulated industry. I express the same view in The Scrutiny of Acts and Regulations Committee has respect of clauses 161, 176, 177 and 182 which only limits previously expressed a concern, particularly in regards to the protection against self-incrimination in relation to examined persons who may not realise the extent of their pre-existing documents. rights under the Corporations Act, that the limited direct use immunity provided only applies if the examined person Accordingly, there are no less restrictive means reasonably expressly claims the privilege against self-incrimination available to achieve the purpose of these limitations. before answering the question. I have considered this issue and I am satisfied that under s 6(2)(b) of the charter act, the Freedom of expression (s 15) court must act in accordance with ss 24 and 25 of the charter The compulsion to answer questions and assist with an act, and can issue a caution regarding self-incrimination to a investigation engages the right to freedom of expression person being examined to prevent a breach of a person’s under the charter act. Section 15 provides that every person rights from occurring inadvertently. has the right to freedom of expression, which includes the In relation to the compulsion to produce documents under the freedom to impart information and ideas of all kinds. It also powers of entry and inspection in the bill, the abrogation of encompasses the right not to impart information. the privilege extends only to the production of documents, When members of an incorporated association take on which is the handing over of an existing document and not the positions of responsibility within that organisation, they creation of that document. Any writing present in a document participate in a regulated activity with associated duties and will have pre-existed the order to hand over the document, obligations. They possess knowledge about the incorporated meaning that any self-incriminating evidence derived from

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association’s affairs because of their positions. Although they imposes the burden of proving their innocence on an accused may not wish to offer information in respect of the can limit this right. incorporated association’s affairs or the performance of officers, due to concerns about their future prospects or Evidential burdens of proof employment, loyalty to the association, or concurrent confidentiality and contractual obligations, their cooperation In my view, the above provisions that utilise an evidential is essential to ensuring the effectiveness of the regulatory onus in relation to a ‘reasonable excuse’ defence do not scheme. The assistance of those responsible for, and familiar transfer the burden of proof, because once the defendant has with, the processes and operations of an incorporated adduced or pointed to some evidence, the burden is on the association is necessary to enable investigations into prosecution to prove beyond reasonable doubt the absence of regulatory compliance. the exception raised. Furthermore, the burdens do not relate to essential elements of the offences and are only imposed on The examination and information-gathering provisions of the the defendant to raise facts that support the existence of an Corporations Act and part 12 of the bill have been designed to excuse, that relate directly to matters within the knowledge of protect those who deal with or have interests in the the defendant. incorporated association. Therefore, to the extent that freedom of expression is engaged, these provisions are lawful Accordingly, in my view section 25(1) is not engaged by exceptions that fall within s 15(3) of the charter act, as they these provisions. are reasonably necessary to respect the rights of other persons, or for the protection of public order. Section 588H of the Corporations Act

2. Reverse onus in offence provisions Section 588H is a defence to the civil penalty provision in section 588G(2) rather than to a criminal offence. Part 5.7B of the Corporations Act (as modified by clause 152) applies to incorporated associations in relation to insolvency. In some circumstances, a civil penalty may be of such Part 5.7B contains two relevant offences (ss 588G and magnitude that a court may consider that it involves true 592(1)) which place the legal onus of proof on a defendant penal consequences, therefore engaging the right to be with respect to available defences. presumed innocent. In the present case, however, I do not consider that the penalty for breaching section 588G(2) can Section 588G(2) imposes a duty on members of the be classed as ‘true penal consequences’. If a person is found committee of an incorporated association not to allow the liable for breaching a civil penalty under the applied association to trade while insolvent. Section 588H of the legislation, they may be subject to a declaration of Corporations Act is a defence to s 588G(2). It requires a contravention under section 1317E, a pecuniary penalty order defendant to prove on the balance of probabilities, that, before under section 1317G (which has been modified by incurring a further debt, he or she had good reasons to believe clause 146(2)(c) to be a maximum penalty of up to $20 000) that the association was solvent and would remain solvent or a compensation order under sections 1317H or 1317HA. even if the further debt was incurred, or that he or she As the pecuniary penalty is a civil debt in the form of an order reasonably relied on another person for information and made in civil proceedings against the person, a person will not advice about the association’s solvency. be imprisoned for a failure to discharge the debt. Accordingly, in my view section 25(1) is not engaged by this provision. Section 592(1) of the Corporations Act provides for a criminal offence of insolvent trading where the debt was Section 592(2) of the Corporations Act incurred prior to 23 June 1993. This offence is derived from the former insolvent trading provisions of the companies Section 592 creates a criminal offence of allowing an code. Section 592(2) provides a defence to s 592(1) and incorporated association to trade insolvent prior to 23 June similarly places a legal onus on the defendant to prove the 1993. It is unlikely that this provision will be used with any defence that he or she did not consent to the debt being frequency, if at all as it only applies to debts incurred before incurred, or had reasonable grounds to believe that the that date. Nevertheless, I accept that by placing a burden of incorporations association was solvent and would remain proof on a defendant in relation to a criminal offence, this solvent if the further debt was incurred. provision limits the right to be presumed innocent in s 25(1) of the charter act. However, I consider that the limit upon the Additionally, a number of regulatory offences within the right is reasonable and justifiable in a free and democratic Corporations Act impose an evidential onus on a defendant to society for the purposes of s 7(2) of the charter act having adduce or point to evidence that goes to an exception, excuse regard to the following factors. or defence. The criminal offences in the applied corporations legislation ss 471A, 590, 597 and 597A, read in conjunction (a) The nature of the right being limited with s 72 of the Criminal Procedure Act 2009 (Vic), impose The right to be presumed innocent is an important right that such a burden. In addition, clauses 176 and 179 provide for has long been recognised under the common law, well before offences relating to failing to comply with, hindering or the enactment of the charter act. However, the courts have obstructing an inspector without reasonable excuse. held that it may be subject to limits, particularly where, as These provisions engage the charter act’s right to be here, the offence is of a regulatory nature and a defence is presumed innocent until proved guilty according to law. enacted to enable a defendant to escape liability.

Right to presumption of innocence (s 25(1)) (b) The importance of the purpose of the limitation

Section 25(1) of the charter act provides that a person charged The provision applies only to insolvent trading by an with a criminal offence has the right to be presumed innocent incorporated association prior to 23 June 1993. Where the until proved guilty according to law. A provision which prosecution has established that insolvent trading occurred,

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and that a committee member or office-holder was Right to privacy (s 13) responsible, the defendant is obliged to prove the defence. The purpose of imposing the burden is to ensure the Section 13(a) of the charter act provides that a person has the effectiveness of enforcement and compliance with the bill by right not to have his or her privacy, family, home or enabling the offences to be effectively prosecuted and to thus correspondence unlawfully or arbitrarily interfered with. An operate as an effective deterrent. The importance of this interference with privacy will not be unlawful provided it is purpose lies in the fact that it would be difficult and onerous permitted by law, is certain, and is appropriately for the Crown to investigate and prove beyond reasonable circumscribed. An interference will not be arbitrary provided doubt that the member or office-holder did not have a that the restrictions on privacy are reasonable in the particular reasonable excuse. circumstances and are in accordance with the provisions, aims and objectives of the charter act. The purpose and effect of the defence in this provision is to provide a defendant with an opportunity, in appropriate The bill provides for a range of search and seizure powers circumstances, to escape culpability for insolvent trading by allowing inspectors to enter and inspect premises in certain the incorporated association under the defendant’s watch. circumstances. Many of these powers require the consent of the occupier or are exercisable pursuant to a warrant obtained (c) The nature and extent of the limitation in the belief that there are reasonable grounds that a contravention has occurred. In these circumstances, I am of The limit is imposed only in respect of the defence. The the opinion that any interference of privacy occasioned prosecution would first have to establish the elements of the through the operation of these provisions will be lawful and offence. Section 592 applies only to members of the not arbitrary. committee or office-holders of an incorporated association that traded while insolvent prior to 23 June 1993. The bill also provides for search and seizure powers that are not subject to consent or warrant. In my view, for the (d) The relationship between the limitation and its purpose following reasons, these powers are not arbitrary as they arise in controlled and prescribed circumstances for the clear The imposition of a burden of proof on the defendant is purpose of monitoring, investigating and enforcing directly related to the purpose of enabling the relevant compliance with the bill. offence to operate as an effective deterrent while also providing a suitable defence in circumstances where the Clause 166 states that, for the purpose of monitoring contravention was not deliberate. Unless the defendant compliance with the bill, an inspector may enter and search a can satisfy the court that the debt was incurred without premises without consent or warrant. This applies to premises the defendant’s consent, or that the defendant did not on which the inspector believes on reasonable grounds that have reasonable cause to expect that the incorporated the affairs of an incorporated association are being conducted association cannot pay its debts or will not be able to or a person is keeping a record or document that is required to pay its debts when they become due, he or she will be be kept by this bill or is relevant to demonstrating convicted. compliance.

(e) Less restrictive means reasonably available to achieve In my view, while the exercise of the search power by an the purpose inspector under clause 166 may interfere with the privacy of an individual in some cases, any such interference will not be Although an evidential onus would be less restrictive than a arbitrary. The purpose of the entry and inspection powers is to legal onus, it would not be as effective because it could be too ensure compliance with the regulatory scheme, which is easily discharged by a defendant, leaving the prosecution in designed to safeguard the interests of the association and its the difficult position of having to prove whether the defendant members as well as creditors, consumers and the community consented to the incurrence of the debt or whether the at large. The search and seizure powers under clause 166 are defendant had reasonable cause to expect that the strictly defined and contain a range of safeguards. Pursuant to incorporated association would not be able to pay its debt. clause 66(3), an inspector must not exercise this power in any The inclusion of a defence with a burden on the accused to part of the premises that is used for a residential purpose, and prove the matters on the balance of probabilities achieves an may not enter and search premises except between the hours appropriate balance of all interests, bearing in mind, in of 9.00 a.m. to 5.00 p.m., or when the premises are open for particular, that defendants will be office-holders and can business. reasonably be expected to possess the knowledge to enable them to discharge the burden. If an inspector searches premises under clause 166 without the owner or occupier being present, they must leave a notice Accordingly, in my view s 592(2) of the applied legislation is containing the details of the search, and the procedure for compatible with the charter act. contacting the registrar for further details. Furthermore, an inspector cannot disclose any information acquired in 3. Powers of entry and inspection in relation to carrying out a search except to the extent necessary, and any contraventions of the act person may complain to the registrar about the exercise of a search under clause 166. All exercises of the power of entry Part 12 of the bill sets out the powers of inspectors appointed under this part must be reported to the registrar pursuant to by the director of Consumer Affairs Victoria to monitor clause 181, who must keep a register containing the compliance and investigate potential contraventions of the particulars of all matters reported pursuant to clause 183. bill. Consequently, I consider that these entry provisions are These powers engage the right to privacy (s 13) and the right compatible with section 13 of the charter act. to property (s 20) in the charter act.

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Right to property (s 20) change, the merging of the roles of public officer and Section 20 of the charter act provides that a person must not secretary provided in part 3 of that act, has yet to be deprived of his or her property other than in accordance commence operation. with law. The bill provides for a variety of circumstances where property can be seized by inspectors. I am satisfied that The Associations Incorporation Amendment Act 2010 the provisions in part 12 of the bill do not limit s 20 as the contains further extensive amendments to the act, deprivation of property will occur in confined and controlled including a revised annual reporting framework with a circumstances for the purpose of monitoring, investigating and enforcing compliance with the act. For example, an new three-tiered reporting structure. These amendments inspector exercising a search under clause 166 cannot search, have not yet come into operation. and therefore cannot seize, any thing from a part of the premises that is used for a residential purpose. Furthermore, Notwithstanding that the act has been subject to inspectors who seize an item under clause 166 must take substantial amendment, it has not, prior to this bill, been reasonable steps to return it if the reason for its seizure no subject to a thorough consolidation, including longer exists (clause 174), and must provide persons from whom documents were seized with certified copies of those standardisation of expression and style in accordance documents within 21 days of seizure (clause 173). with contemporary best practice usage.

Conclusion Not-for-profit sector stakeholders have submitted that I consider that the bill is compatible with the charter act the structure and sequence of provisions of the act have because, to the extent that some provisions may limit human become disjointed and difficult to follow for members rights, those limitations are reasonable and demonstrably of incorporated associations, who are commonly justified in a free and democratic society. volunteers with no legal qualifications or training. Hon. Michael O’Brien , MP Minister for Consumer Affairs The bill will establish a new principal act that will replace the Associations Incorporation Act 1981. In Second reading addition to rewriting and restructuring the provisions of the act, the bill will also incorporate the amendments to Mr O’BRIEN (Minister for Consumer Affairs) — I the act contained in the 2010 amendment act and in move: part 3 of the 2009 amendment act.

That this bill be now read a second time. The bill will also introduce a number of new features, The Associations Incorporation Act 1981 received including revised annual reporting provisions for royal assent in January 1982 and commenced operation incorporated associations and a requirement for an in 1983. The act was established to provide a simple incorporated association to keep and maintain a register and inexpensive means by which unincorporated of members. non-profit associations could obtain corporate status. I will now broadly outline the contents of the bill. The act regulates the creation, operation and dissolution of incorporated associations and is the most popular Part 1 sets out purposes and definitions, and part 2 vehicle for the incorporation of community and specifies how an association can incorporate under the not-for-profit groups in Victoria. At 30 September bill. 2011, there were 37 408 incorporated associations on the register of incorporated associations. The 2010 amendment act includes a provision that removes the current requirement for a separate Incorporated associations play a central role in statement of purposes to accompany an application for enriching Victorian communities through their social, incorporation. This has been incorporated into the cultural, environmental and economic contributions and current bill. The purposes of an incorporated in providing support to the most vulnerable in our association will be a matter to be expressed in its rules. society. Mr Holding — Deputy Speaker, I direct your Subsequent to passage of the original act, it has been attention to the state of the house. amended by more than 30 separate pieces of legislation. In recent years substantial amendments to the act were Quorum formed. made by the Associations Incorporation Amendment Act 2009, which contains a number of amendments to Mr O’BRIEN — This will simplify the process for enhance the rights of members of incorporated incorporation and eliminate the need for an association associations. The majority of those amendments have to file a separate form of statement of purposes with a commenced operation. However, one significant copy of their proposed rules of association.

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A transitional provision ensures the continuing validity Division 3 of part 5 inserts new provisions regarding a of rules and purposes for existing associations that register of members. Currently the schedule to the act, currently have a statement of purposes separate from which lists the matters that must be addressed in the their rules of association. rules of an incorporated association, includes a register of members. This requirement is now specifically Parts 3 and 4 address requirements for the name and addressed in the act by division 3. registered address of an incorporated association and outline the legal capacity and powers of an incorporated An up-to-date register of members is central to the association as a body corporate. effective management of an incorporated association. It enables members to be kept informed of association A significant provision in part 4 is the general business and meetings and is a primary resource to prohibition on an incorporated association securing determine eligibility to vote. pecuniary profit for any of its members. This provision recognises and confirms one of the essential The bill provides that the register of members is to characteristics of this entity. While an incorporated contain the name and address, class of membership association may engage in enterprise and make a profit (where applicable) and the date on which a person from that enterprise, any profit is to be directed towards became a member of the association. Information on the purposes of the association, not to the private the register of members will not be generally available enrichment of its members. Other forms of incorporated to the public, but must be available for inspection by entity, such as companies, are more appropriately members of the association at the registered office of designed for personal profit-making enterprise. the association.

The bill provides a simple process for execution of To prevent information about members being used for contracts or other documents by an incorporated an improper purpose, the bill provides that a person association whether or not the association has a must not use or disclose information about a person common seal. However, the simplified process will be from the register, unless it is for a purpose clearly subject to any more restrictive arrangement specifically related to participation in the affairs of the incorporated required by the rules of an incorporated association. association, or a purpose approved by the association or the committee of the association. Breach of this Consistent with provisions of the 2010 amendment act, provision is an offence punishable by a fine of restrictions upon trading by an incorporated association 20 penalty units, currently equivalent to $2442.80. have been omitted from the bill. There may be circumstances where a member of an This enables an incorporated association to engage in incorporated association has a legitimate reason for not trade or trading activities in pursuance of and in support wishing their personal information on the register to be of its purposes. However, as I noted earlier, the bill generally available to other members. For example, a continues to prohibit an incorporated association from person may have a family violence intervention order in securing pecuniary profit for its members. their favour and wish to keep their address confidential or an association may be formed to support victims of Part 5 sets out the obligations of an incorporated crime, and members may not want their contact details association in relation to its rules and membership, to be available to all other members. The bill addresses including maintaining a register of members. Part 5 also this concern by enabling members to request that the provides for the conduct of general meetings, including secretary of an incorporated association restrict access the procedure for passing special resolutions, and to some or all of their personal information on the provides for court orders to enforce rules or the rights register where such special circumstances exist. of members. Where a child is a member of an incorporated The bill provides for general meetings and committee association, a parent or guardian of the child member meetings to be held in two or more venues using any can request that the secretary restrict access to some or technology that allows participating members to clearly all of that child’s or ward’s personal information on the and simultaneously communicate with each other. This register of members. will enable members to participate in a meeting even though they may be physically remote from each other. Age will be a relevant circumstance to be considered These measures bring regulation into line with modern together with other factors, such as the nature of the technology, modern organisational practice and activities conducted by the organisation, or any danger promotes greater participation in the affairs of to the property or person of members. incorporated associations by their members.

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If the secretary is satisfied that there are special Part 11 provides for the interaction between circumstances that justify doing so, the bill provides associations incorporation legislation and corporations that they must agree to the request to restrict access. To legislation. Except where explicitly applied by the bill, ensure flexibility, the expression ‘special an incorporated association is declared to be an circumstances’ is not defined. Where a request to excluded matter for the purpose of section 5F of the restrict access has been refused by the secretary, the bill Corporations Act 2001 in relation to the whole of the provides for a right of review of the decision by the corporations legislation. This part reproduces the Victorian Civil and Administrative Tribunal. revised and consolidated application provisions that were introduced by section 41 of the 2010 amendment Part 6 deals with the administration and management of act. incorporated associations, including the appointment of a secretary and committee, the holding of committee Parts 12 and 13 provide for the administrative and meetings and the duties of office-holders. operational implementation of the bill, including the office, function, capacity and responsibilities of the A number of important changes first introduced by the registrar of incorporated associations. Consistent with 2010 amendment act appear in this part. These include current section 38, the bill provides that the registrar is a a duty of care and diligence and a duty of good faith body corporate with perpetual succession. and proper purpose for office-holders of an incorporated association. These duties reflect the Part 14 provides for offences and proceedings under fiduciary obligations of committee members at associations incorporation legislation. Division 1 common law and are modelled upon equivalent outlines the general enforcement provisions including provisions in the Corporations Act 2001. the limitation period for commencing proceedings, makes provision for continuing offences and the power The bill also provides for application of the business to serve infringement notices. These provisions are judgement rule in determining whether an office-holder substantially unchanged. has fulfilled their duty and provides for an office-holder to place reasonable reliance on information and advice Part 15 outlines general matters including deemed from appropriate officers, advisers or experts. notice of facts or matters noted in the register of incorporated associations, assumptions that may be Part 6 also provides for the return of documents of an made by a person dealing with an incorporated incorporated association to it by a former member or association, matters that may be certified by the office-holder of an incorporated association. registrar, and provides for the manner of service of Documents must be returned within 28 days of the documents on an incorporated association. person ceasing to hold office or ceasing to be a member. Failure to do so will be an offence. The bill The process set out in section 9 of the Associations also enables an incorporated association to apply to the Incorporation Act for recordings to be made in the Magistrates Court for an order directing a person to register of titles in respect of land vested in an return documents where they have not voluntarily incorporated association has been omitted from the bill complied. as adequate provision already exists under the Transfer of Land Act 1958. Part 7 reproduces the three-tiered reporting structure introduced by the 2010 amendment act and restructures This part also provides qualified privilege for auditors, and consolidates the financial reporting provisions. statutory managers, administrators of incorporated associations, and for independent accountants who The revisions in reporting requirements are expected to conduct a review of the accounts of an incorporated reduce the regulatory burden across a range of association. Qualified privilege attaches to audit reports incorporated associations while ensuring that or other documents prepared for the purposes of the bill appropriate levels of financial transparency and or required by the bill to be lodged with the registrar. governance are maintained. The remainder of the bill deals with repeals, savings Part 8 provides for circumstances in which an and transitional and consequential amendments. incorporated association seeks to transfer its registration Savings and transitional provisions included in the bill to another corporate form such as a company or a will ensure that upon commencement of the proposed cooperative. Part 9 provides for matters regarding the act: statutory management of incorporated associations. Part 10 sets out the processes for the winding up of an existing incorporated associations will be deemed to incorporated association. The provisions in these parts be incorporated under the new act; are substantially unchanged.

PORT MANAGEMENT AMENDMENT (PORT OF MELBOURNE CORPORATION LICENCE FEE) BILL

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a public officer of an incorporated association will next 10 to 20 years. The movement of containers through the be deemed to be the secretary of the association port is expected to quadruple from the current 2.2 million containers a year to around 8 million containers by 2030. under the act; The bill does not seek to affect any person’s existing rights, where an existing incorporated association has a privileges, obligations or liabilities. As a result, the bill does separate statement of purposes, that statement of not engage any human rights protected by the charter act. purposes will be deemed to form part of the rules of Human rights issues that association. 1. Human rights protected by the charter relevant to The bill completes a significant process of reform of the the bill regulation of incorporated associations in Victoria and will provide significant benefit to the not-for-profit The bill does not engage any rights under the charter act. sector by reducing the regulatory burden on 2. Consideration of reasonable limitations — incorporated associations while improving the section 7(2) accessibility and functionality of this legislation. As the bill does not engage any rights under the charter act, it I commend the bill to the house. is not necessary to consider the application of section 7(2). Conclusion Debate adjourned on motion of Mr HOLDING (Lyndhurst). I consider that the bill is compatible with the Charter of Human Rights and Responsibilities Act 2006 because it does Debate adjourned until Wednesday, 21 December. not raise any human rights issues. The Hon Dr Denis Napthine MP Minister for Ports PORT MANAGEMENT AMENDMENT (PORT OF MELBOURNE CORPORATION Second reading LICENCE FEE) BILL Dr NAPTHINE (Minister for Ports) — I move:

Statement of compatibility That this bill be now read a second time. Dr NAPTHINE (Minister for Ports) tabled This bill removes a looming regulatory burden on the following statement in accordance with Charter of port of Melbourne and the trucking industry by Human Rights and Responsibilities Act 2006: scrapping the previous government’s onerous and unworkable freight infrastructure charge (FIC). In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the Port The bill replaces the previously proposed charge — Management Amendment (Port of Melbourne Corporation which effectively would have imposed a new tax on Licence Fee) Bill 2011. trucks entering and leaving the port of Melbourne — with a simpler, fairer and more efficient port licence In my opinion, the Port Management Amendment (Port of Melbourne Corporation Licence Fee) Bill 2011, as introduced fee. to the Legislative Assembly, is compatible with the human rights protected by the charter act. I base my opinion on the The freight industry and the port of Melbourne are reasons outlined in this statement. critical to the Victorian economy. Both are currently experiencing record growth. Overview of the bill

The bill imposes an annual licence fee on the Port of In recent times we have seen significant growth in trade Melbourne Corporation which will raise revenue that can be through the port of Melbourne. During 2010–11 there used for key infrastructure projects. were 3376 ship visits and 2.39 million TEU (20-foot Victoria’s ports have a key role in delivering an integrated equivalent units) handled. This is a 7 per cent increase and sustainable transport system in Victoria. The freight on the previous year. In August 2011 trade through the industry and the port of Melbourne are critical to the port increased by 8 per cent compared to August 2010. Victorian economy and are currently experiencing record In October 2011 trade grew by 7.3 per cent over growth. The port of Melbourne is Victoria’s largest port and October 2010 which set a new Australian record of Australia’s largest container port, accounting for approximately 36 per cent of Australia’s container trade in 241 478 TEU being handled in a single month. 2011. Container trade makes up approximately 72 per cent of all trade through the port. The port of Melbourne is expected The port of Melbourne is Australia’s largest container to experience significant growth in freight activity over the port, accounting for approximately 36 per cent of

BUSINESS NAMES (COMMONWEALTH POWERS) BILL 2011

6224 ASSEMBLY Wednesday, 7 December 2011 national container trade in 2011. Annual movement of Commission as part of its regular price monitoring containers through the port of Melbourne is predicted to regime for commercial ports. quadruple from 2.2 million currently to 8 million by 2030. Industry and the community will benefit from the revenue being available for infrastructure projects The bill requires that the Port of Melbourne which improve Victoria’s productivity. Corporation (PoMC) pay an annual port licence fee to the state. The bill is structured as follows:

The fee is set at a starting rate of $75 million in purpose; 2012–13 and will be increased annually by the consumer price index. commencement;

Total revenue raised by the fee to support delivery of relevant definitions; the government’s objectives over the first three years the fee to be paid by the Port of Melbourne will be similar to the estimated revenue from the Corporation; abolished freight infrastructure charge, but it will be collected without the massive regulatory burden that the CPI indexation formula for annual increases of would have been imposed on the port and the trucking the fee; and industry. arrangements for payment of the fee. The tolling system required to collect the FIC would have cost more than $100 million to set up and run — This bill is consistent with the government’s clear an amount well in excess of projected revenue in the vision to fulfil its long-term objectives. first year. It was an ill-considered proposal with shades of myki for trucks. Revenue raised by the port licence fee will make a significant contribution to the government’s By contrast the port licence fee will be relatively cheap commitment to deliver on this vision. to implement and efficient to administer. I commend the bill to the house. Unlike the FIC, the port licence fee is an internal financial arrangement between government and one of Debate adjourned on motion of Mr HOLDING its agencies and will not be imposed solely and unfairly (Lyndhurst). on the trucking industry. Debate adjourned until Wednesday, 21 December. The FIC presented a real threat to Victoria’s competitive advantage in the freight sector along with the livelihoods of smaller, family-run truck operators. It BUSINESS NAMES (COMMONWEALTH would have significantly disadvantaged exporters and POWERS) BILL 2011 transport operators in rural and regional Victoria. Second reading At the same time there was little evidence to suggest Debate resumed from 23 November; motion of that the FIC would increase the efficiency of freight Mr McINTOSH (Minister for Corrections). movements in and around the port of Melbourne. Ms ASHER (Minister for Innovation, Services and By abolishing the FIC and replacing it with the more Small Business) — Before I commence my equitable and efficient port licence fee, the bill contribution to debate on the Business Names minimises impacts on the wider economy and (Commonwealth Powers) Bill 2011, I note that we have safeguards jobs across the state. no shadow minister in the house to make the Any new or additional charges which result from the opposition’s comments on a very important bill. imposition of the fee are unlikely to have a significant I also note that for three years this bill was flagged in impact on the competitiveness of the port of the previous government’s statement of government Melbourne, on port users, or on the cost of living. intentions but was not brought before the house. There Any PoMC arrangements for recovery of the fee will be is a track record here that says to me that the monitored and assessed by the Essential Services opposition, the Labor Party, could not care less about reforms for business. The shadow minister could not

BUSINESS NAMES (COMMONWEALTH POWERS) BILL 2011

Wednesday, 7 December 2011 ASSEMBLY 6225 care less about this bill. She is not even here to take the Queensland, both businesses would be allowed to keep call. She is too busy having a party in the chookhouse their names but the state registration would be added to on the second-last night of sitting of the Parliament for them as a geographic identifier for the businesses in the this year. As I said earlier, the opposition has been on national database. So there are very important holiday for a year, and this is part of a consistent transitional arrangements in the bill which will ensure pattern, because for three years this bill was listed in the that existing businesses will not be inconvenienced. Of previous government’s statement of government course the long-term aim under the scheme is to have a intentions and was not brought forward. It was not national registration system, and the Australian brought forward at all. This bill contains some Securities and Investments Commission (ASIC) will be significant reforms for business in terms of cost cutting responsible for registering, renewing and administering for business registration. business names under the national system.

The Minister for Consumer Affairs has responsibility One of the reasons why in my capacity as Minister for for this matter, but I would like to make a couple of Innovation, Services and Small Business I am pleased comments about it in my capacity as the minister for to see this reform finally come to the Parliament is that small business. This bill does a number of things. It this will represent some significant savings for repeals Victoria’s current regime in relation to business businesses in both costs and red tape. Under the current naming, it refers state power to the commonwealth and system a business must register its business name in sets up a new commonwealth regime for the every state and territory. So if a business operates registration of business names and it puts in place some Australia wide, that name must be registered in every powers for the transition to this new business names state jurisdiction and in the territories as well. Clearly regime. that is time consuming and expensive, so this will save time and money for those businesses that operate in The bill fulfils Victoria’s obligations under a range of more than one jurisdiction. national agreements to adopt this new national legislation for business names. This bill had its origins Under the new national system businesses will be able under the Howard government. Former Prime Minister to apply and pay online 24 hours a day to register a John Howard commissioned a Productivity national business name and receive confirmation of Commission report on how to remove red tape from their registration at the same time. For the many small business, and the history of this, very briefly, is that in business owners who do not have access to computers July 2008 the Council of Australian Governments there will be service centres located at ASIC and the agreed to the development of a single national system Australian Tax Office, which will provide online access for registering and regulating business names, and an to enable businesses to do that. intergovernmental agreement with the states and territories was signed in July 2009. That is the origin of Of particular significance, Deputy Speaker, and given this particular reform before the house. your interest in small business you will be interested to hear this, is that under the national scheme business The bill will enable Victoria to adopt the single national name applications and renewals will cost $30 for one system for business name registrations, which will be year and $70 for three years. This represents a saving, closely integrated with the ABN (Australian business certainly in the state of Victoria. Currently the cost of a number) registration system. The purpose of business new registration varies across the states and territories. name registration is twofold. It is to protect businesses In Queensland it costs $133.60, and in Victoria it from other businesses that may steal their names and to currently costs $83.70. Again, registration for an allow consumers to identify who is operating a Australian business number will remain free of charge. particular business. Obviously this is part of a regime, if Those figures that I have just provided to the house you like. Businesses need to have a convenient and show that this will save businesses a fair amount of simple way to differentiate themselves from money and it will save a fair amount of time for competitors. businesses that previously had to register in every state. The new system will also help to reduce the What the bill before the house does is allow for a administrative burden, and businesses will now spend national registration scheme, as I indicated, and it also less time filling out paperwork. contains some significant and important provisions for existing businesses in terms of transitional This government has made a commitment to reduce red arrangements. The bill will allow existing businesses to tape by 25 per cent. The Treasurer is doing a very good keep their names. For example, if you had Christine’s job of making sure that ministers are aware of their Fish Shop in Victoria and Christine’s Fish Shop in obligations to reduce red tape, and we will be

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6226 ASSEMBLY Wednesday, 7 December 2011 transparent — unlike the previous government — in accuses members on this side of the house in relation to what the starting point actually was. This particular our efforts in this house, but I remind members of the initiative will assist in the government’s commitment to house that this is the minister who was awoken from reduce red tape. her slumber — —

The commencement of the national business names The DEPUTY SPEAKER — Order! The member register is dependent on legislation being agreed upon for Mill Park will refer to the bill. and enacted by the commonwealth and the states. The commonwealth Parliament passed the Business Names Ms D’AMBROSIO — She was stirred from her Registration Bill 2011 in October, and Tasmania, New slumber by others and not — — South Wales and Queensland have already referred their business names registration powers to the Mr Holding interjected. Australian government. The remaining states are The DEPUTY SPEAKER — Order! If the member expected to pass the necessary legislation by 31 March for Lyndhurst wishes to take a point of order, he may 2012 to provide sufficient time for the completion of stand up and I will listen to it. The member for Mill transitional processes prior to the commencement of the Park is to refer to the bill. national scheme in mid-2012. Ms D’AMBROSIO — Absolutely. I am very As a state parliamentarian — one who has been in this pleased to refer to the bill. We know that the Business Parliament for 19 years — I think the states should Names (Commonwealth Powers) Bill 2011 is unlike think long and hard about the handover of state powers, what the Minister for Innovation, Services and Small but in this instance I do believe it is for a good business Business referred to. It is a bill that is the result of the outcome, which is why we are supporting this scheme. hard work initiated by the previous government. The I would like to conclude where I began. I have been in Minister for Innovation, Services and Small Business this place and the other place for 19 years, and I have can speak all she likes about the length of time it has not seen a shadow minister miss a call for an important taken to get to this point, but the fact remains that the bill. The previous Labor government flagged this previous government’s record in relation to the national legislation three times in its statement of government harmonisation of rules and laws and the drive towards intentions but did not enact it. It is just extraordinary cutting red tape leaves this minister for dead and asleep that the shadow minister from the Labor Party would with her head on her pillow. She will perhaps wake not be here to debate an important bill that will reduce when she hears the bells, but she will certainly wake red tape. when she hears the knocks on the door from colleagues who call her to resume her involvement in a debate and I also notice that the member for Lyndhurst is getting to vote in the house. This is what we have from the agitated; he was text messaging. He did not tell the Minister for Innovation, Services and Small Business in shadow minister that this debate was about to start, and this chamber. he has been sitting in the chamber for half an hour text messaging. He could have tipped off his colleague. I This bill is the culmination of an intergovernmental suspect that her vote was not one of the four votes he agreement reached in 2009 to establish a national needed to be the Deputy Leader of the Opposition. I business names register. The agreement was made on suspect he was quite happy about not alerting her to behalf of the Victorian government and entered into by come to the chamber. the previous Labor government. We can comment on the minister for tourism, who for 12 months has done In conclusion, this bill will reduce red tape and costs. I nothing. It is the case that she is the worst tourism think it is a worthwhile transference of state power so minister since the time when she was previously the there is a very good outcome for small businesses. tourism minister in this state. That is not what I say; that is what the industry says. It says every single day that Ms D’AMBROSIO (Mill Park) — I have heard this government does nothing. Unlike the efforts, or absolutely everything tonight from the Minister for lack thereof, of this government over the last Innovation, Services and Small Business and Minister 12 months, this bill we have before us is the for Tourism and Major Events. She has astounded culmination of solid work done by the previous members of this house with her contribution to the government to cut red tape and to assist businesses to debate tonight, which was hardly worth commenting get on with the job of making money and providing on. However, I cannot help but comment on this: the services to the broader community. Minister for Innovation, Services and Small Business

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Wednesday, 7 December 2011 ASSEMBLY 6227

It is timely to note that the previous government, under over eight years — driven by the previous Labor the leadership of Premier Brumby and Premier Bracks, government here in Victoria. The member for drove the national harmonisation agreements that have Lyndhurst was instrumental in driving a lot of the come before this house and continue to come before cutting of red tape through the national schemes that this house under this lazy, good-for-nothing were implemented and continue to be implemented government which has a record of doing absolutely even though we have a different flavour of government zero over the last 12 months in relation to showing any in Victoria. Thanks to the previous government we national leadership. have this bill before us, and it is one that will be very much welcomed by businesses as it is implemented. The previous government established national schemes such as the one we are dealing with in the debate The registration of existing state or territory business tonight. As I said, in 2009 Victoria committed to setting names will be transferred to the national system at the up a national business names registration scheme to be introduction of the new national service. This will managed by the Australian Securities and Investments include some identical business names that have been Commission (ASIC). The bill will eventually adopt the registered by different owners in different jurisdictions. following legislation which will soon be For identical business names ASIC’s main commonwealth acts: the proposed Business Names distinguishing mark or expression on the register will Registration Act 2011, which is also referred to as the avoid confusion. Proposed business names that are business names act, and the proposed Business Names identical or nearly identical to names already on the Registration (Transitional and Consequential register will not be available for registration. A name Provisions) Act 2011, which is referred to as the will not be registered if it is inappropriate or likely to business names registration transitional act. offend, mislead or deceive consumers and businesses.

The bill will refer to the federal Parliament specified The bill will allow businesses to operate nationally matters that are related to the registration and use of under a single registered name. It includes a set of business names in keeping with section 51(xxxvii) of clauses that will adopt the commonwealth the Australian constitution. The bill also repeals the legislation — which, as I said earlier, is yet to Victorian Business Names Act 1962 and provides for commence — and outline the process for referring the necessary transitional arrangements. As I said powers to the commonwealth for future amendments to earlier, ASIC will have the responsibility for the the new act and subordinate instruments. The bill administration of the new scheme. It is expected to ensures that areas of state responsibility that are not commence that function in the middle of 2012. intended to be referred to the commonwealth, such as the registration of cooperatives, incorporated The national scheme will cut red tape, save much time associations and partnerships, are protected. for businesses and certainly cut costs for those businesses. I will take a few moments to describe the As I said, the bill repeals the Business Names Act 1962. current system by way of exemplifying the benefits that It provides for a number of transitional provisions to will be derived by businesses through the new scheme allow Victorian business names registered by inspired by the previous Labor government. Currently Consumer Affairs Victoria to be provided to ASIC to businesses are required to register their name in the establish a national register, and it will also allow state or territory they trade in. The new scheme will applications, renewals and cancellations already in allow for the joint application for an Australian progress in Victoria to be completed by CAV on business number, and national business name commencement of the national scheme. Labor was registration will also be available. It is proposed that the proud to commence the process to move business name registration of the new business name or renewing a registrations to a national scheme. For that reason and registration will be in the order of $30 for a one-year that reason alone, and not through the lazy efforts of registration period and in the order of some $70 for a this government, we will not be opposing the bill. three-year registration period. This will mean that businesses operating and registering in every state will Mr ANGUS (Forest Hill) — It is a great pleasure be able to achieve substantial savings. for me to rise this evening to speak in support of the Business Names (Commonwealth Powers) Bill 2011. According to the commonwealth government this move As other speakers have said in their contributions to the to national registration, combined with related debate, this is a fairly straightforward bill and one initiatives such as the Australian Business Licence which, I might say at the outset, I was very pleased to Information Service and the Australian Business see come into this place, because as a former chartered Account, will bring benefits amounting to $1.5 billion accountant in public practice for many years, this was a

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6228 ASSEMBLY Wednesday, 7 December 2011 matter that frequently came across my desk. I had Watsonia station as well. It appears that the 566 service clients that were operating in various jurisdictions has had around three services cancelled every week throughout the country, and the fact that they had to because of the refusal of this government to ensure register their business names throughout Australia to proper funding for the service. protect their businesses and the goodwill of their businesses was quite a conundrum. We had to have The 513 bus service, which runs through my electorate, agents in the various states, we had to get the forms, fill provides an opportunity for people to travel to them out, pay the various fees in all the different Greensborough railway station and the shopping centre, jurisdictions and ensure that we got the renewals and Watsonia station, Rosanna station — where attended to all the necessary requirements throughout Minister Guy has his office — the Northern Melbourne the commonwealth. That was quite a challenge, so this Institute of TAFE (NMIT) campus at Heidelberg and piece of legislation will be — — its other campus in Preston. The Austin Hospital in Heidelberg and Heidelberg Repatriation Hospital are Business interrupted pursuant to sessional orders. also serviced by the 513 bus service, so it is an important service that enables my constituents to, in some cases, visit loved ones at those hospitals. This ADJOURNMENT service is having its weekly timetable reduced by 10 services every week. The 562 is going to see The SPEAKER — Order! The question is: 53 services reduced every week because of this That the house now adjourns. government’s refusal to fund a proper bus service in this area. This will particularly affect people to the Buses: Bundoora electorate north of my electorate but also people in my electorate who want to travel to RMIT University’s Bundoora Mr BROOKS (Bundoora) — I raise a matter for the campus and NMIT’s Greensborough campus. attention of the Minister for Public Transport. The specific action I seek is that the minister provide Tourism: Yarra Valley funding to maintain the existing timetables for the 562, 566 and 513 bus routes, which all affect people in my Mrs FYFFE (Evelyn) — My adjournment request electorate of Bundoora. The bus company that operates for action is directed to the Minister for Tourism and the services on these bus routes has had to consider Major Events. The action I seek is that she advise what reducing the number of services provided on these future plans there are for publicity to help raise the timetabled routes because of the general increase in profile of Yarra Valley tourism. Tourism businesses of traffic in the areas. The only way the company was able every shape, size and description are working together to continue to maintain the existing timetable was to in many areas of activity, and tourism is an essential approach the government for funding of extra services. part of the economy of the valley. However, despite the I have to say they are not significantly increased tremendous work being done by the regional marketing services but what you would probably call an body, total visitor numbers are at approximately the adjustment of the contract to ensure that the company is same level as they were in 2002. able to maintain the existing timetable for residents in my area. The work being done by the regional marketing body is exciting and innovative, and it fits in with the modern Unfortunately that request for funding was turned world. It is doing a lot of work in the digital area, with down, and these bus routes have now been timetabled an interactive, easy-to-use website that directs people to with reduced services. People in the northern suburbs the various different attractions using iPhones and who have seen new transport funding slashed by this social media. The body does a lot of public relations, government have now learnt that these important bus both traditional and digital. Journalists are invited to the services in the local area will have reduced services. region and hosted to inspections of the attractions, and This is an important issue for people in my electorate. publicity is generated that way. The regional marketing The 566 bus route — which runs from Lalor in the body is very much involved in trade and media visits, electorate of the member for Mill Park through to with 70-plus visits per year, on which it hosts between Northland shopping centre, which is in the electorate of 200 and 300 people. It is producing maps for the area the member for Preston — runs right through my interlinking all the various developments. electorate. Many of the people in my electorate rely on that bus service to get to places like Greensborough There are also some exciting new product shopping centre and Greensborough railway station. developments in the valley, including beer and cider Students need to get to La Trobe University and to trails. Approximately six businesses are making cider in

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Wednesday, 7 December 2011 ASSEMBLY 6229 the area, and there are four small boutique wineries. We and its senior years at the old Flinders Peak Secondary are also developing a farm gate trail, which is very College in Hendy Street. The school council is exciting for the valley, but we need some assistance concerned that, if the school is forced to house all its with publicity and promotion. The regional marketing students at the current Libau Avenue site in 2012, the body is also active in making sure that the attractions safety and wellbeing of nearly 350 students will be are listed on visitvictoria.com. There is asset highly compromised due to overcrowding on a site with enhancement with village videos and image shoots. insufficient play and external learning space. This is a There are two domestic campaigns per year; the last real concern that must be addressed now. one was with Yahoo!7 TotalTravel. The regional marketing body goes to consumer shows, including I am informed that the school council first wrote to the Taste of Sydney and Taste of Melbourne. It has special minister in March this year in an attempt to resolve the events such as Shedfest and Shortest Lunch at the issue. The decision of the Department of Education and wineries. It has a tremendous amount of local events, Early Childhood Development to disallow the ongoing including six trade partnerships per year with use of the Hendy Street campus arrived at the school on businesses such as Jetstar Airways, Blue Holidays 26 October this year, and the school was given until the et cetera. end of term 1, 2012. However, I am now told that has been extended to the end of term 2. The school is The regional marketing body goes to trade shows, desperate to resolve the issue but believes this time line which are very hard work. It always sounds exciting is far too short, and I thoroughly agree with that. As and glamorous to those who have not been to a trade such, the school is at the very least looking for an show and stood there talking all day, with appointment extension of time until the issue is adequately resolved. after appointment, selling the products and working The school remains committed to working with the together. The regional marketing body has a conference education department in Geelong to resolve this issue network with new web development and phone and, in doing so, is committed to considering all referrals. It is also working well with other regions, options, including staying at the Hendy Street site. advocating and consulting so that the network spreads However, it is right now under enormous pressure to around Victoria and each one can help each other. I ask meet the 2012 deadline, and I seek the minister’s direct the minister to advise my electorate what future plans intervention to resolve the matter and allow the school there are for publicity to help raise the profile of the more time to effectively address this important matter. valley. Murray-Darling Basin: federal plan Nelson Park School: senior campus Mr CRISP (Mildura) — The action I seek is that Mr TREZISE (Geelong) — I raise a matter for the Victoria not be disadvantaged by the Murray-Darling attention of the Minister for Education relating to the Basin plan, and I address this matter to the Minister for current and ongoing concern of Nelson Park School in Water. Water is a vital part of my community and of all my electorate about providing a separate campus for its communities, and the Murray-Darling Basin draft plan years 10 to 12 programs in 2012. For the information of has been announced. There are a large number of the house, Nelson Park School caters for students with concerns, one of which is that basin communities have special needs. The action I seek from the minister is that been led to believe that the draft plan will create a he intervene in this matter to allow Nelson Park School balance between social, economic and environmental to remain operating on the ex-Flinders Peak Secondary needs, but the Murray-Darling Basin Authority has College site in 2012 and until the school finds an certainly not shown this to be the case in its document. alternative site or is allowed to remain on its current site permanently. The Murray-Darling Basin Authority’s socioeconomic model has not addressed the fundamental concern that This important issue has been highlighted through local taking water away from productive use will hurt newspapers in Geelong. It has been raised with me by irrigators in basin communities. It has not listened and Cr Kylie Fisher and also by concerned parents at the has not outlined in the proposed basin plan how water school, who are worried about their children’s ongoing can be found in order to mitigate this impact. Craig education, health, wellbeing and safety. Nelson Park Knowles, chair of the authority, has told communities School caters for students with highly complex needs, there will be an opportunity to revise the proposed cuts including intellectual disabilities and social, emotional, from 2750 gigalitres. This may be deceptive, as there is sensory and behavioural challenges. The school no mechanism in the legislation to allow this to happen, currently operates on two sites. It operates its early and the amendments to the plans cannot be adopted years education on a site in Libau Avenue, Bell Park,

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6230 ASSEMBLY Wednesday, 7 December 2011 unless they are approved by both houses of Parliament, the issue. Both the Minister for Energy and Resources something we all know is going to be very difficult. and the Minister for Health have said on several occasions that this is a local planning matter and an Proper consultation over a 20-week period is critical. issue for the local authority and there is no role for them However, the time chosen by the government to do this to be involved. Moreland City Council decided for a consultation in Mildura is on the eve of our busy second time at its meeting on 23 November to reject the harvest season. When the consultation is on we will be permit application for a huge expansion of the harvesting table grapes and wine grapes, and the dried Brunswick terminal station at its current site. This fruit harvest will be in an advanced state of preparation. decision reflects the significant local anxiety about the This is not a good time to be talking water to anyone. health and safety issues and amenity impacts of the facility — the same concerns that have been conveyed Victoria, though, has made some great efforts, and the to the government repeatedly over many months. minister is to be commended for this. Victoria has its end-of-valley flows sorted out, but end-of-system flows Given that the local planning authority has now made remain an issue, and better use of environmental water its determination and we expect this government to is vital. Farmers have been efficient in using their water respect that decision, particularly given its responses to through 50 years of change. Environmental regulators this issue to date, it is now absolutely imperative that an are one way this water can be used more efficiently. alternative site in an industrial zone be found. As we That is where regulators are placed in creeks, the water have been warning the government for over 12 months, level is pumped up and flooding occurs. You then the current site of the Brunswick terminal station is move on to the next regulator, flood that area and, if the completely inappropriate for the massive expansion water has become black, you put it out on an ephemeral proposed. The reasons it is inappropriate include basin to evaporate. Mulcra Island and the fundamental concerns about the safety of a hugely Pottawalkagee Creek, which is just around lock 8, is an expanded facility in what is an entirely residential zone, example of this. The Mullaroo Creek, Lindsay River the absence of any adequate response to the question of and Lindsay Island systems on the Victorian-South what is safe exposure to electromagnetic fields for Australian border very much lend themselves to this. people living in such close proximity to this proposed facility, the amenity concerns related to an expanded I encourage the minister to visit this area and look at the facility being built next to homes, a sporting field used complex systems that I believe could lend themselves by children and the Merri Creek corridor, and the to a more efficient use of water. The Murray-Darling disingenuous way in which members of the community Basin Authority needs to commit to these works and have been treated, leaving them with no confidence that measures to make sure that every drop of other, more appropriate sites have been fully explored. environmental water is used as efficiently in the Underlying all of these concerns is the fact that a environment as it is by irrigators. facility of this type belongs in an industrial zone, not a Electricity: Brunswick terminal station residential zone. The community fully expects the state government to Ms GARRETT (Brunswick) — I wish to raise a respect the decision of the local council and would be matter for the attention of the Minister for Energy and outraged if the government countenanced any idea of Resources. The action I seek is for him to immediately stepping in to fast-track approval of a massive commence working with the relevant power companies expansion at this residential site. The action that the to find an alternative site for the proposed massive community and I seek is the same action we have been expansion of the Brunswick terminal station. As calling for all year: for the government and the Minister members of the house would know, I have raised this for Energy and Resources to work with the power issue on numerous occasions on behalf of my local companies to secure an appropriate alternative site in an constituents and requested the same action from the industrial zone for this proposed massive facility. state government and ministers over the course of this year. Similarly, residents affected by this proposal have Schools: Prahran electorate raised these matters repeatedly with the government and asked that it help facilitate the identification and Mr NEWTON-BROWN (Prahran) — My securing of a site that is not within a residential area or adjournment matter is directed to the Minister for zone. Education. The action I seek is that the minister visit local primary state schools to discuss the issues facing The responses by the government to my calls for action students seeking a secondary school in the area. A and those of the community have been to stonewall on common reaction when I talk about state secondary

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Wednesday, 7 December 2011 ASSEMBLY 6231 schools in my area is, ‘What do you need another would not impact on students’ education; yet, thanks to school for? You have plenty in your area’. Yes, we his government, here we have a decision that does just have an abundance of secondary schools in my area, the opposite. The Reading Recovery program is an both co-ed and same sex, but they are all private internationally recognised program that has achieved schools. Not everyone has the capacity to send their fantastic results for Victorian students — and no less at children to private schools, and not everyone wants to Mill Park Heights. Not only will this decision affect send their children to private schools. The only state students at Mill Park Heights Primary School but it will secondary school in my area is Melbourne High also affect all schools in the region that offer this School. It is a fine school, but it is a selective entry program. The tutors provide support for children who school. It only takes a couple of students from each are struggling to read and write, so to cut the program is region across the state, so it is by no means a local high outrageous. The school council and parents of Mill Park school in Prahran. Heights Primary School students know firsthand, as do many other schools in my electorate, how vital this In contrast we have several great state primary schools. program is to giving their kids the best start they can We have Stonnington, Toorak and South Yarra primary get. They want funding to the program reinstated. schools and a number of Catholic primary schools as well. I attended South Yarra Primary School this week The Whittlesea Leader newspaper has reported on this to present the reading challenge certificates on behalf of savage cut in an article that quotes a parent as having the Premier. The principal, Peter Clifton, has done an said: amazing job of building a strong school community. He is desperately trying to sort out an immediate problem ‘My son used the Reading Recovery program for two years as he had a speech problem, and due to that, it has brought him he has with students who have been left out of the up to speed’, school council spokeswoman Gail Gidman said. Albert Park zone. The only alternatives are schools quite some distance away in locations that are very ‘They should have a good look at what the program has inconvenient in terms of several modes of transport achieved, its history and all the work that has gone into it before cutting it. It … should not be about the money’. being required to get to them, such as Hawthorn, Elwood and Glen Eira. Prahran is one of the only Kids in the north need more support, not less. The electorates in the state that does not have a state high school council is running a petition in support of the school. I ask that the minister come out to meet with Reading Recovery program. I urge the minister to do our local principals to discuss resolutions to the issues the right thing, to put the community and the school faced by the state primary school students in my area. students of the north first and to immediately reverse this terrible decision — a decision that is callous and Mill Park Heights Primary School: Reading that relegates as a luxury, add-on item and an optional Recovery program extra an essential core of educating our students. Our kids do not deserve to have this as an optional extra; Ms D’AMBROSIO (Mill Park) — The issue I raise they deserve to have it as part of their core education. I is for the Minister for Education. The action I seek is urge the minister to reinstate that funding. for the minister to immediately reverse the decision of his department’s northern metropolitan region, to Murray-Darling Basin: federal plan dissolve the positions of two tutors specialising in the Reading Recovery program. Last month Mill Park Mr McCURDY (Murray Valley) — I raise a matter Heights Primary School learnt of the axing of funding for the Minister for Water, and the action I seek is that for tutors who provide specialist and ongoing training the minister continue his engagement with our to local teachers to run this vitally important program communities via the Basin advisory group, that he visit for the school’s students. In an email sent to parents in our northern Victorian farming communities to discuss response to their concerns the regional director, Wayne the Murray-Darling Basin draft plan and that he Craig, stated: continue to advise us in understanding the full ramifications of this disgraceful and short-sighted draft The department of education and early childhood is required plan. to find savings of more than $l00 million this year. My office is required to make savings of about $l million, and as a result, any staff member who resigns or whose contract The communities in northern Victoria rely on water for expires is not being replaced, and this included our two their very existence. As I have said in this chamber on Reading Recovery tutors. earlier occasions, water is like air: without irrigation water our communities will die. The Murray-Darling When the Premier announced the slashing of Basin is the key to whether our regions live or die. $481 million from the education budget he said it From the Darling Downs in Queensland to the Lower

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Lakes of South Australia, we all depend upon this great for the minister to intervene with his colleagues water system. Minister Hall, the Minister for Higher Education and Skills, and the Minister for Finance, to postpone the Coexistence is achievable between rural communities disposal of two education sites in South Richmond: and the environment, and our communities, especially Kangan TAFE and the former Cremorne Street Primary in the Murray Valley, want to strike a balance that is School. suitable for the environment and viable for our country populations. But the draft plan that was released last I request the intervention of the minister because by week flies in the face of cooperation and harmony, and letter to Mr Tom Rowan and Mr Justin Naylor of the it singles out those who have worked so hard to become Richmond High School Choices group, the minister more efficient with their water. They have learnt to informed these two gentlemen that he intended to ask manage with less and have accepted that they need to the Department of Education and Early Childhood improve their farming practices, but it seems that is not Development to review the provision of government enough. This plan has not addressed the fundamental school education in the city of Yarra. These gentlemen concern that the taking away of water from productive have been very strong advocates for further educational use will hurt all who reside in the basin communities. opportunities in the electorate — and I note the earlier contribution by the member for Prahran in relation to The Murray-Darling Basin Authority (MDBA) has not these issues. The review would include a review of listened, nor has it outlined how water can be found in demographic data for the local government area over order to mitigate these impacts. The chairman of the the next 10 years or so, long-term secondary school draft plan, Craig Knowles, has misled our communities enrolments and enrolment trends at the primary into believing that there will be an opportunity to revise schools. the proposed cuts from 2750 gigalitres, when he knows only too well that there is no mechanism in the This is very welcome news. It is a turnaround from an legislation to allow for this. This plan is no more than a earlier position that the minister took when I sought his rewrapping of last year’s guide, which drove thousands intervention to undertake a review, but I welcome the of farmers, small business and community members to fact that he is prepared to conduct a review of the the streets to protest at such a narrow-minded and provision of school education. In that context I think it short-sighted document. would be premature to close off the option of two key state-owned sites in South Richmond from the potential Our communities need further leadership, assistance to provide future educational opportunities in that area. and confidence that the 20-week consultation period is not just another wolf dressed in sheep’s clothing. Our Just like the area represented by the member for regions will pay a heavy price if this consultation is just Prahran, my area is undergoing a population another meaningless and deceptive federal government renaissance. All the primary schools in my electorate scam that will strangle our rural communities. The are positively booming, as are the secondary schools. MDBA has failed to demonstrate that its proposed The iconic Fitzroy High School that was closed under reduction is based on sound science that optimises the Kennett government and reopened by our environmental, social and economic outcomes, government has now completed its second year of regardless of whether this is surface water or providing a full years 6 to 12 education and is doing a groundwater. fantastic job. Nonetheless there are extraordinary population pressures on our primary schools, and there Victorian irrigators have made the largest contribution is no doubt in my mind that when this review is so far, with over 700 gigalitres recovered or committed, undertaken by the minister he will find that the yet the MDBA cannot even show what it aims to projections in not only my electorate but also in the achieve with this water, and it still wants more. I urge electorate of the member for Prahran are such that we the minister to continue to assist us as we fight to save will be requiring further secondary school provision in our communities from unsustainable cuts to our water the south end of my electorate. In fact it borders resource. Our communities believe that a balance can Prahran, and there may be an opportunity to have a be struck and that all stakeholders, including the more collaborative arrangement about the provision of environment, can coexist. schools going forward. I seek that the minister stop this disposal at this stage. Schools: Richmond sites

Mr WYNNE (Richmond) — The matter I raise is for the Minister for Education, and the action I seek is

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Wednesday, 7 December 2011 ASSEMBLY 6233

Multicultural Arts Victoria: funding Senegal, the Cook Islands, Zimbabwe, Cape Verde and many more. Mrs VICTORIA (Bayswater) — I am very pleased to see that the Minister for Multicultural Affairs and Both of the festivals are worthy of renewed funding, Citizenship is in the chamber with us tonight, because and I urge the Minister for Multicultural Affairs and my request is that the minister fund applications made Citizenship to look with favour upon the applications by Multicultural Arts Victoria through the Unity for grants before him, giving Melburnians the Through Partnerships grants scheme. Multicultural Arts opportunity to expand their artistic and cultural Victoria has been thrilling audiences and supporting experience and also their knowledge and artists of various backgrounds for just over 40 years. understanding. Earlier this year the minister and I were at the launch of the book called Giving Voice. Multicultural Arts Responses Victoria acts as the peak arts organisation promoting cultural diversity and social inclusion. It is a Ms ASHER (Minister for Tourism and Major not-for-profit organisation that represents artists and Events) — The member for Evelyn, who has been a communities of people from culturally and very longstanding advocate for tourism in her linguistically diverse backgrounds. electorate, has asked me what the government’s intentions are for publicity to raise the profile of the I have spent many hours at fantastic Multicultural Arts Yarra Valley. The member for Evelyn gave an Victoria events — everything from Samba at the Bowl extensive dissertation on the work that is being done in to the Suzuki Night Market at the Queen Victoria her electorate to extract maximum visitation to the area, Market, which is fast becoming the hottest place for including the work of local tourism bodies. There are Melburnians to go on a Wednesday night during plans specifically for the member for Evelyn’s summer. I urge all members to get on down there. electorate; in particular I am pleased to advise her that the Yarra Valley will feature in an episode of the A couple of things that all the people involved in these national television series No Leave No Life. This will be activities have in common is their love of music and outstanding coverage for the Yarra Valley. The No their love of their new homeland of Australia, but more Leave No Life series will be screened on Channel 7. It is specifically Victoria. Currently being considered for a Tourism Australia initiative with which Tourism funding are a couple of other programs that I think are Victoria has been extensively involved. just outstanding, and these are the programs I want to ask the minister about. The Emerge festival is one that I The program aims to encourage Australians to take have attended for the two years it has been run. That their leave and travel within Australia. No Leave No fantastic festival debuted last year at the Drum Theatre Life is a good campaign. I endorse it wholeheartedly. in Dandenong. With everything from Burundian As I said, the message of it is to (a) take leave and drummers, Tibetan folk artists and Pacific Islander (b) take your holiday within Australia. Under the choirs that could make even the hardest of hearts melt, scenario I am advising the member for Evelyn of to children’s choirs and Filipino performers, this tonight, family and/or work peers can nominate festival really has something for everyone. Since its someone they think works too hard and needs a break. inception it has been the ideal platform for many newer The unsuspecting worker is collected from the Australians to showcase their traditional music and workplace as a surprise and taken for a holiday with dance as well as providing a receptive audience for new their family. There is no chance of that happening with works. members of the opposition, who have been on holidays, in a sense, for some time. I know the role of Acting The other program is the Black Harmony Gathering. Speaker is sometimes difficult and I very much respect That has been running for seven years and is going into the role the Acting Speaker plays. Perhaps, Acting its eighth year. It celebrates national Harmony Day and Speaker, you could be one of those people. the United Nations International Day for the Elimination of Racial Discrimination. It has been held The episode will also feature the high country region, at the Fairfield Amphitheatre and celebrates the music and this has been strongly supported by the member for and dance of our black brothers and sisters. There are Murray Valley, and a food and wine activity in a global foods on offer as well as craft markets. There is a township in the electorate of Benalla — again with loud great family environment of cross-cultural music and support from the member for Benalla, as there always dance. Performances come from artists representing is. Due to conditions agreed with the television network Australia’s first nation as well as Congo, Sudan, I cannot reveal the exact locations at this stage. However, there will be a 60-minute episode which

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6234 ASSEMBLY Wednesday, 7 December 2011 features those regions. Obviously, given this profile, we consulting with Victorians we set up a basin advisory would expect that to be very good coverage, and group with a cross-section of people from across hopefully there will be some tourism benefits from it. northern Victoria — environmental groups, community groups, irrigation groups and industry groups that could The episode will screen on 14 January 2012 and will come together. It is being chaired by the member for showcase the high country and the Yarra Valley’s Rodney. Any information the Victorian government has luxury accommodation, food and wine attractions, and is put out to that particular group. local activities. Travel and holiday programs reach a wide audience, and this is an excellent opportunity to I said to that group when it first started that I knew it showcase some of Victoria’s offerings on a national would never be a consensus group, because there is a stage. Again I congratulate the member for Evelyn on divergence of views across this issue depending on her strong support of the region. where you are geographically in the Murray Valley area of Victoria or the particular sector you represent, but it Mr WALSH (Minister for Water) — The members is important that it has information. With the round of for Mildura and Murray Valley are very concerned on meetings and workshops that the Murray-Darling Basin behalf of their constituents about what is in the Authority will be running, starting in Shepparton next Murray-Darling Basin Authority draft plan that was Monday and Tuesday, people will go along and engage released a week ago last Monday. As has already been in the process. I know both the members for Mildura talked about in this house, that draft plan proposes to and Murray Valley will be making sure their take 2750 gigalitres of water away from consumptive communities are actively involved in that. use and send it down the river to South Australia. As the member for Mildura mentioned in his adjournment From Victoria’s point of view we want to make sure matter, that number is made up of two targets — the that any basin plan is a balanced plan that considers the in-valley target and the end-of-system target. From social, economic and environmental issues and that we Victoria’s point of view, the in-valley target has been get certainty back into people’s lives. People have had met by the work that has been done with the water uncertainty about water reform hanging over their savings projects in northern Victoria and with the heads for quite a few years. There was a guide to the commonwealth purchasing program. I believe, on draft plan last year and now the draft plan is out there. behalf of Victoria, that the 970 gigalitres that are People need some certainty in their lives. Most needed to meet the end-of-system flow should be able importantly, the financial institutions that provide to be found out of environmental works and measures finance in that sector in northern Victoria need some and better running of the river system in the southern certainty in the future. basin. As both members have asked, I will be making sure The member for Mildura in his adjournment matter that everyone in Victoria who wants to have a say will mentioned environmental works and measures at get an opportunity to do that, and as a government we Lindsay Island, Wallpolla and Chowilla, west of will be strongly putting forward their case. Mildura. There is an excellent opportunity to achieve flooding in that area, where there is significantly less Mr DIXON (Minister for Education) — The water than would be needed with a major over-bank member for Geelong raised a issue with me about flood event. As a result of the drought we have seen Nelson Park special school and the time line regarding farmers become a lot more efficient in how they use its moving onto one site. Being a special school, there water and in how to produce more with less water, are very special circumstances, and any change, because they have just had to do it. As a society we also especially a large change like moving to a new site, need to adapt that sort of principle to how we manage could cause many of the students to be severely environmental water. We achieve good environmental impacted upon. Such a move has to be done carefully outcomes but do it by being as smart as possible with and with due consideration. I was not aware of the issue the least water possible while achieving a good at Nelson Park, but I will ask my department to brief outcome. me on it, and I will look at the options. If we can possibly work with the school to bring about the best I assure both the member for Mildura and the member possible outcome for the children, which is the most for Murray Valley, and in fact all members of this important thing, we will do everything we can to house, that the Victorian government, including me as achieve that. minister, is very focused on making sure that Victorians get an opportunity to have a say on the draft basin plan. The members for Prahran and Richmond raised similar When the Murray-Darling Basin Authority was not issues asking for different actions, and they are

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Wednesday, 7 December 2011 ASSEMBLY 6235 indicative of what we are seeing in a number of areas year 1s. It also relies on support teaching in the later around Melbourne in the middle suburbs, where quite years when the students come out of year 1. massive population changes have resulted in an increased demand for primary school and secondary Reading Recovery teachers are the key to this because school places. Not only do we have the problem in our not only do they undertake a lot of training and work expanding suburbs now but we also have it in these with the children but they also have a depth of suburbs as well. The member for Prahran asked me to understanding of how children learn to read and they meet with the principals. Peter Clifton at South Yarra are able to spread their knowledge as they work with Primary School — a great school with a great other teachers in the school. The member differentiated principal — has, for a number of years, been pointing between the tutors and the program. However, by the out to me the issues regarding the provision of end of her speech the member was wrongly inferring government secondary education. It is quite interesting that children would be affected. All Reading Recovery that in an area like that there is no government teachers in all schools will remain. There are no cuts to secondary school other than Melbourne High School, funding. Every single Reading Recovery teacher in which is a selective entry school. every school will still be there working with the children who need it. The funding for Reading I am more than happy to go and talk to the principals in Recovery in every primary school is built into the that area and look at opportunities for the provision of school’s SRP (student resource package). Schools use secondary schooling. As members know, we have that money to employ their Reading Recovery teachers committed some funding for a feasibility study to look and to cluster together and pay for the tutors. at the issue and at sites. I would like to take this a step further by visiting the electorate, meeting with the There are many other tutors, and there has been principals and perhaps making inspections of some of absolutely no change to the SRP of any school. the sites as well. It would be well worth doing. Therefore the amount of money that is available not only for Reading Recovery teachers but also Reading The member for Richmond raised an issue asking me to Recovery tutors has not changed. As I said, these two work with my colleagues the Minister for Finance and tutors were signed up on two-year contracts and they the Minister for Higher Education and Skills regarding have gone back to their schools, so there are still other the flagged sale of Cremorne Primary School and tutors around there. They have not lost their jobs, and Kangan Institute of TAFE sites pending the review that they are still capable of working with other teachers and we are holding of government school provision in that other tutors. area. I have had representations made to me, the group has come to see me as well and we are working through As I said, all schools still have exactly the same amount that at the moment with the group. I am not sure of the of funding to pay for their Reading Recovery tutors. To time lines and what stage the possible land sale may say that this is a cut to classrooms that is going to affect have reached. Normally the process is that the land has children is just not right. In fact I will be out at the to be declared excess to the department’s use for school on Friday, and I look forward to explaining that educational purposes. Once that has happened it goes to the school. I am sure the school understands that. All through a process of being offered to other state other schools that I have checked with understand government departments and then to local government. where the funding for tutors comes from, and they Thereafter it goes out to open tender. I am not sure what understand that Reading Recovery teachers are the ones stage it is at in that regard. I will ask my department to who work with the children. There is absolutely no give me advice, and then I will get back to the member. change to that. I am pleased that the member has raised this so I have been able to clarify the matter and so that The member for Mill Park raised with me the issue of everybody knows the truth and not the scare tactics Reading Recovery tutors and the fact that two tutors surrounding it. were on fixed-term contracts that they had signed under the previous government. Obviously when fixed-term Mr KOTSIRAS (Minister for Multicultural Affairs contracts expire, changes have to be made. I am very and Citizenship) — The member for Bayswater raised a aware of the importance of Reading Recovery. In fact I matter relating to an application made by Multicultural was one of the first principals to implement the Arts Victoria (MAV) through the Unity through program back in the mid-1980s. For about 10 years, I Partnerships program. This funding program was an used the Reading Recovery program in two schools that election commitment prior to the 2010 election. There I was principal of, because it is a worthwhile program, was $1.1 million available annually for groups to apply it works and it is a great early intervention program for for up to $100 000 to fund events and festivals. We have kept the small ethno-specific grants for festivals

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6236 ASSEMBLY Wednesday, 7 December 2011 and events, which are still available through the Victorian Multicultural Commission. However, these grants of up to $100 000 are available when a number of groups come together and work in unity to showcase their culture and their faith.

This is about social cohesion, learning from each other and not being afraid of other cultures and religions. This program is very important, and we have had a large number of applications for funding from it. As well as that, I gave a commitment earlier this year that we will organise an event next year to raise funds for the countries that have had natural disasters, which are El Salvador, Thailand, Turkey and Cambodia. That will come from this program as well.

In relation to the matter raised by the member for Bayswater, I can announce to her and to the house that today I have approved $40 000 for the Emerge Festival, which officially launches Refugee Week here in Victoria, and another $20 000 to bring together indigenous and African communities to promote the concept that racism in any form is not acceptable. That is $60 000 for MAV, plus MAV has also put in another application. As I said, this program has been very successful, and I am looking forward to meeting with members from both sides of the house to advise them on their successful applicants and to work with them to ensure that the money is spent on ensuring that community groups get together for peace and harmony in Victoria.

The member for Bundoora raised a matter for the Minister for Public Transport, and the action he sought was for the minister to provide funding to maintain existing timetables for the 562, 566 and 513 services in the electorate of Bundoora, and I will refer that to the Minister for Public Transport for his response.

The member for Brunswick raised a matter for the Minister for Energy and Resources, and the action she sought was for the minister to liaise and work with the power companies to find an alternative site for the Brunswick terminal station, and I will refer that matter to the minister for his direct action and response.

The ACTING SPEAKER (Mr Nardella) — Order! The house now stands adjourned.

House adjourned 10.47 p.m.