Legislative Assembly

Tuesday, 12 October 2010

THE SPEAKER (Mr G.A. Woodhams) took the chair at 2.00 pm, and read prayers. MEMBER FOR ARMADALE Swearing-in The Clerk of the Assembly produced the writ for the electoral district of Armadale and announced that Dr Antonio de Paulo Buti had been duly elected. The Speaker announced that he was prepared to swear in the member for Armadale. Dr Buti made and subscribed the oath of office according to law, and signed the roll. THE SPEAKER (Mr G.A. Woodhams): On behalf of the house, I congratulate the member for Armadale on his election and welcome him to this chamber. [Applause.] WA NURSING AND MIDWIFERY EXCELLENCE AWARDS Statement by Minister for Health DR K.D. HAMES (Dawesville — Minister for Health) [2.05 pm]: Last Saturday evening I had the pleasure to attend the 2010 WA Nursing and Midwifery Excellence Awards at the Burswood Entertainment Complex. The WA Nursing and Midwifery Excellence Awards is an annual event to acknowledge the contribution of nurses and midwives to the community. It is the highlight event of the year for approximately 34 000 nurses and midwives in WA. More than 200 nominations were received from all over the state. Nominations were made by colleagues of nurses and midwives as well as by health consumers. The judging panel would have faced a very difficult task considering the high-quality nominees. Sadie Geraghty, a talented midwife with a passion for the care of mothers and their babies, was awarded the 2010 Nurse or Midwife of the Year. Sadie works for the Women and Newborn Drug and Alcohol Service team at King Edward Memorial Hospital, Subiaco, where she is responsible for coordinating the team, and their training and education programs. Sadie has been integral in providing care for women who misuse illicit substances and has been at the forefront of initiatives such as outreach centres, SMS reminders of appointments to women, educational pamphlets and the initiation of an additional clinic. The chair of the judging panel, Catherine Stoddart, said that Sadie exemplifies everything that is great about WA nursing and midwifery. As a medical practitioner, I know that WA’s nurses and midwives are among the best in the world. I know that working in health care can be rewarding but also very challenging, which is why one of the government’s key election commitments was to establish a $28 million hospital nurses support fund, a four-year initiative to focus on improved facilities and the working environment of nurses and midwives. The awards night was an opportunity to celebrate and acknowledge the valuable contribution our nurses and midwives make to the health of all Western Australians. I would like to congratulate all finalists and winners of the 2010 Nursing and Midwifery Excellence Awards and congratulate the organising committee on such a successful evening. AGRICULTURE — DRY SEASON Statement by Minister for Agriculture and Food MR D.T. REDMAN (Blackwood–Stirling — Minister for Agriculture and Food) [2.07 pm]: At 5.30 pm today in the Liberal Party meeting room, representatives from the Department of Agriculture and Food and I will provide a briefing on the government’s approach to the dry season. The matter is above party politics, so I have chosen to brief government and opposition members at the same time. I strongly urge all members to attend. I wish to inform the house of a visit last week from Senator Joe Ludwig, the new federal minister for Agriculture, Fisheries and Forestry. Our meeting was very positive and it is reassuring to know that my federal counterpart is on the same page as I am. Last Tuesday, Senator Joe Ludwig and I visited some of the state’s most drought-affected areas. We met with producers taking part in the drought pilot at Mukinbudin and Lake Grace— areas that have experienced severe seasonal conditions. We also visited Wagin to observe a financial workshop that has been provided as part of the drought pilot. It was good for Minister Ludwig and me to talk with farmers and receive feedback on how the drought pilot is progressing. I look forward to working with Joe on these and other issues in the future. I am sure it is the beginning of a very constructive relationship.

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This dry season is clearly impacting heavily on farms and regional businesses. There is no easy solution to the many challenges that people are confronted with. Each farming family will have different issues that require an individual response. The Dry Seasons Advisory Committee was appointed by cabinet to provide advice to government on how to respond. Our $21 million drought preparedness pilot, while not a direct response to this dry season, offers immediate access to a range of services that would not normally be available. It is also reassuring to see industry taking the lead on the matter—one example is Co-operative Bulk Handling Ltd running a grain seed bank. Banks have said they will take a medium to long-term view of the sector. They have confidence in the industry; though it will no doubt be a very difficult time for some individuals. Consumers also play an important role. I urge consumers not to abandon WA growers during this time. This unprecedented dry season has not only impacted the Wheatbelt and pastoral regions but has also extended to the South West corner of the state. This means consumers will see changes when buying fruit and vegetables at the supermarket. I urge consumers to keep buying WA produce to support our farmers. The Buy West Eat Best slogan is now more important than ever. MENTAL HEALTH WEEK Statement by Minister for Mental Health DR G.G. JACOBS (Eyre — Minister for Mental Health) [2.09 pm]: This week marks an important time for all Western Australians. It is Mental Health Week. As I have said in this place many times before, one out of every five Australians—about 20 per cent—will experience some form of mental illness in their lives. It also affects the remaining four out of five people; family, carers and loved ones are all affected by mental illness. Many events this week not only raise awareness of mental health but also recognise the excellent work surrounding the caring for those with mental illness. On Sunday I participated in the ARAFMI Mental Health Week opening event—the inaugural walk of pride. It was good to see the member for Kwinana, the Deputy Leader of the Opposition, there as well. Yesterday I visited the Bentley adolescent unit “Families at Work” open day where I announced that $337 000 has been provided by the Mental Health Commission for refurbishment of the Bentley adolescent unit with improved staff training and an increased focus on discharge planning. Along with the member for Southern River, I launched an art competition for primary school children in the Southern River electorate to submit original artwork based on the theme “Feelings”. I congratulate him for that initiative. Last night I officially opened the new Mental Health Law Centre, an independent legal advocacy group that stands up for people with mental illness, particularly in the review of their involuntary status. This morning I also had the pleasure of announcing the winners of the Mental Health Good Outcomes Awards. A big congratulations to all recipients, including Growing Towards Wellness, the South West Institute of Technology partnering with South West Horticultural Therapy and Training; the Mental Health Law Centre WA; Lorraine Powell; Dena Lawrence of Hollywood Private Hospital; Music to Open Your Mind by the Southern Metropolitan Area Health Service, Mental Health; the Child Health Promotion Research Centre, Edith Cowan University; the Ethnic Disability Advocacy Centre; Anthony DeCeglie, for his article in The Sunday Times; Grant Wheatley from the Department of Education, hospital school services; and Ann White, well known to many, of the WA Association for Mental Health. This government is committed to delivering better outcomes for people with mental illness. We are focused on reforming areas in mental health service delivery that require improvement. Western Australia is among world leaders in the importance it places on mental health. I encourage all Western Australians to take an interest in Mental Health Week and just step back and take some time to look at their own mental health and emotional wellbeing. QUESTIONS WITHOUT NOTICE HEALTH SUPPORT WORKERS — WAGE CLAIM 582. Mr E.S. RIPPER to the Minister for Commerce: I refer to the government’s ongoing refusal to provide our health support workers with a $1.20 an hour wage increase. (1) What is the government’s wages policy and to whom in the public sector does it apply? (2) Will the minister review this policy given the big improvement in the state government’s financial position since the post global financial crisis context in which the policy was adopted? (3) Given that doctors have received a 12 per cent wage increase, health department bureaucrats earning more than $500 000 a year have pocketed an extra $15 000 and the government can afford to pay Sharyn O’Neill an extra $50 000 a year, why will the minister not agree to fair wages for low-paid hospital workers?

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Mr W.R. MARMION replied: I thank the Leader of the Opposition for the question. (1)–(3) This government has been negotiating this arrangement for months and months. Under the wages policy that we have in place, we are prepared to offer CPI increases for the next three years under all our agreements. We have offered these workers increases above the CPI. We are prepared to go to the wages price index for trade-off provisions. I am very pleased that the Department of Health has been working strongly to try to get resolution of this agreement. I am disappointed that it has not been resolved yet. It may have to go to arbitration. HEALTH SUPPORT WORKERS — WAGE CLAIM 583. Mr E.S. RIPPER to the Minister for Commerce: I ask a supplementary question. Would the minister not concede that anyone looking at the outcomes of wages matters in the public sector would see the wages policy applied only to the low-paid workers? Everyone else seems to get off. Mr W.R. MARMION replied: Wages policy is important to balancing our economy. Mr R.H. Cook: You attack the most vulnerable, don’t you? Mr F.M. Logan: It’s a hangover policy from the knuckle dragger from Vasse! The SPEAKER: Members! Mr W.R. MARMION: The government acknowledges that it has to look at the wages of lower-paid workers. We have offered above consumer price index; I think it is a good offer. Several members interjected. TOODYAY BUSHFIRE — FINANCIAL ASSISTANCE 584. Mr I.C. BLAYNEY to the Premier: I refer to yesterday’s state government announcement of an offer of financial assistance to those adversely affected by the Toodyay bushfire. (1) Could the Premier please outline whether, as part of this financial assistance, the payments will exclude affected people from beginning legal proceedings against the government or Western Power? (2) If no to (1), if those legal proceedings are successful, will those who have received the payments have to pay the money back? (3) Can the Premier please outline whether this now sets a precedent for others who may lose their houses or possessions due to a fire? Mr C.J. BARNETT replied: I thank the member for Geraldton for the question, Mr Speaker, and, of course, the people affected are your constituents. Several members interjected. The SPEAKER: Members! Mr C.J. BARNETT: I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper: It said a pole fell over and caused a fire! Mr C.J. BARNETT: Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper: That’s wrong! Mr C.J. BARNETT: However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith,

7412 [ASSEMBLY - Tuesday, 12 October 2010] has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place. TOODYAY BUSHFIRE — FINANCIAL ASSISTANCE 585. Mr E.S. RIPPER to the Premier: My question is also on the fight of Toodyay’s fire victims for compensation. I quote a statement that I think the Premier has just, essentially, repeated, namely: whether Western Power was responsible, and whether Western Power has a liability or was negligent is something that can be determined only through the Supreme Court. (1) What estimates has his government received for the costs to taxpayers and for Toodyay residents for these cases to go through the court system; and, if he has received those estimates, will he table them? (2) Why can he not direct Western Power to accept the findings of EnergySafety, accept liability and settle the legal cases? (3) In his recent arrangements, why did he fail to have Western Power’s insurers contribute to the compensation? Mr C.J. BARNETT replied: (1)–(3) I was not quite sure what the Leader of the Opposition meant with the first question. Is it the cost of litigation? Mr E.S. Ripper: If there is litigation, Western Power will have to pay costs and the Toodyay residents will have to pay costs. What is it going to cost? Mr C.J. BARNETT: I do not have a view on that. Mr M. McGowan interjected. Mr C.J. BARNETT: I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER: Members! Mr M. McGowan: Ask the Attorney General. Mr C.J. BARNETT: I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper: It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT: We very deliberately took — Mr E.S. Ripper: Millions and millions and millions.

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Mr C.J. BARNETT: We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT: This is a serious issue for the people of Toodyay. Mr E.S. Ripper: We’ll listen. Mr C.J. BARNETT: So, listen. The SPEAKER: Thank you, members! Mr R.H. Cook: Treat it seriously. Mr C.J. BARNETT: I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan: Want to see a test case? Mr C.J. BARNETT: Yes, because that is what it will be. Mr M. McGowan: An international precedent; we are going to have a test case? The SPEAKER: Member for Rockingham! Mr E.S. Ripper: You lose your house and then you become a test case! Mr C.J. BARNETT: I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT: That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses— diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly. TOODYAY BUSHFIRE — FINANCIAL ASSISTANCE 586. Mr E.S. RIPPER to the Premier: I ask a supplementary question. If this is to be a test case, will the government fund the legal costs of these people, who are having their lost property made part of an international test case? Mr C.J. BARNETT replied: No, the government will not fund the legal costs. Several members interjected. Mr C.J. BARNETT: Well, $10 million is not mean.

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Several members interjected. The SPEAKER: Members! Mr C.J. BARNETT: If someone has lost their house, tragic as that is, and if they were uninsured, and they now find that the taxpayer is making $190 000 available to them, I think many people would think that is a pretty fair outcome. Some people are making claims for large amounts of money. My question is: why were they not insured? The government will not be funding a case. If people choose to litigate, they can do so. If they choose to take some of the payment that they will receive from the government to fund litigation, that is entirely their choice. The government has no view, no comment on that. OLD TREASURY BUILDINGS — REDEVELOPMENT 587. Mr M.W. SUTHERLAND to the Minister for Housing: I was pleased today to note that in keeping with the government’s commitment to build the state and make decisions, the Liberal–National government has announced the redevelopment of the old Treasury buildings. Can the minister please inform the house of the following — (a) what role the redevelopment of this building will play in the revitalisation of the city; (b) whether the government will be retaining ownership of the buildings; and (c) the financial arrangements, if any, with third parties relating to the redevelopment? Mr W.R. MARMION replied: I thank the member for Mount Lawley for the question. I know that because of his former role as the deputy mayor of the City of Perth, he has a strong interest in this matter. This redevelopment is a collaboration between the government and the City of Perth, and other developers. So it is with great pleasure that today I announced a vision for the St George’s Cathedral precinct for the centre of Perth. I understand that the old Treasury buildings were first constructed in 1870 and have housed a number of departmental bodies over the years. In fact, I am advised that the Ord River stage 1 was agreed to in the then Premier’s office in these buildings. I am sure everyone in this place recognises the important heritage value of these buildings and the need for the state to protect and revitalise this area. This development is long overdue. Mr R.H. Cook: Is this not your media release? Mr W.R. MARMION: No. Successive governments have for many years debated the future of the old Treasury buildings. Several members interjected. Mr W.R. MARMION: I recall that this goes back to the time of Richard Court. I worked with Richard Court, and it was one of his projects to get this going. It did not quite get there. It went through the Gallop government and the Carpenter government. I am looking at the former Minister for Housing and Works, the member for Armadale, who also had an involvement — Several members interjected. Mr W.R. MARMION: Oops! The member for Midland. Can I get back to the question? Several members interjected. The SPEAKER: We all like question time. I know that. The minister. Mr W.R. MARMION: Thank you, Mr Speaker. Members might like to know what the terms of the arrangements are. The commercial terms with the developers, Mirvac and Cbus, are in the final stages of negotiation. The vision involves the redevelopment of the old Treasury buildings. That includes 29 000 square metres of a new office tower. The actual old buildings will be refurbished and developed into a hotel. This will be the first six-star Amanresorts hotel in Australia, and the first six-star hotel in Perth. It also involves the demolition of the Law Chambers building to enable the development of a new city library. That will open up the facade of the old Land Titles Office. Mr J.N. Hyde interjected. The SPEAKER: Member for Perth, I formally call you for the first time. If you want to ask a question of the minister, do it in the appropriate manner in this place. I formally call you to order for the first time. Mr W.R. MARMION: Thank you, Mr Speaker. I will get to that, member for Perth.

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We will also be fully refurbishing the existing Public Trustee building. That will deliver 8 000 square metres of office facility. We will be redoing the underground car park and creating a civic space. Specifically with regard to the old Treasury buildings, which are part of the precinct, the state has agreed to enter into a 99-year lease with the developers, with no upfront capital cost. Under the commercial terms of the agreement, we will be paying a premium rent on the co-located office towers. The premium will cost $102 million. In return, the buildings are refurbished and the state retains ownership over the long term. The alternative plan of just refurbishing the buildings would have cost $120 million. In taking this approach, the state has saved money and it has got a better outcome. The total cost of the whole St George’s Cathedral precinct over the next 25 years is $584 million. For this we get a government lease over an office tower for 25 years, a lease over the Public Trustee building for 15 years; fit-out for government accommodation and the refurbishment of the old Treasury buildings. The cost to the state under this approach is only marginally greater than the cost of an equivalent publicly funded development and alternative lease arrangement. For this very minimal increase in price—members, I do mean minimal!—the state and the people of Western Australia will get more open space and better access between St Georges Terrace and Hay Street, a six-star hotel in the centre of Perth, public access to retail space on the ground floor and government accommodation in the heart of the central business district. This reinforces the state’s commitment to government accommodation in Western Australia in one of the precincts referred to in our report on government office accommodation. This is one of the government’s platforms—this 37 000 square metres of office space will become the legal precinct of Western Australia. These buildings have been sitting vacant for 17 years. The government has got on with it and finally this project will start. Construction should start next year and be completed over three years.

TASER USE — KEVIN SPRATT INCIDENT 588. Mr J.R. QUIGLEY to the Minister for Police: I refer to the incident aired on television last week showing Mr Kevin Spratt being tasered 13 times in the Perth watch-house; an incident described by the Attorney General as an outrageous use of police force. (1) When was the minister first advised of this incident? (2) By whom was the minister advised of this incident? (3) Was the minister shown the video of the incident by those who advised him? (4) Did the minister know about the Corruption and Crime Commission inquiry into this, and what did he do? Mr R.F. JOHNSON replied: I thank the member for the question. I was expecting that question to be asked by the shadow Minister for Police, but obviously there has been a change in portfolios in the Labor Party? Mrs M.H. Roberts: Answer the question! Mr J.R. Quigley: Answer the question! Mr R.F. JOHNSON: I am very happy to answer the question. Mr J.R. Quigley: It is a serious question. Mr R.F. JOHNSON: It is a serious question. The SPEAKER: There has been a question asked in this place, which I presume is serious. I do not need other people reminding other people of that. If members want answers, remain silent for a while. Mr R.F. JOHNSON: There were four parts to the question. (1)–(4) The first part was — Mr M. McGowan: When? Mr R.F. JOHNSON: No, the first part was “Who?” Mr J.R. Quigley: “When was the minister first advised of the incident?” Mr R.F. JOHNSON: When was I advised? I think the first I heard about this was back in May—this answers the second part of the question as well—when the Commissioner of Police told me verbally about a review into Taser use and he highlighted this incident as being a serious one. Was I ever shown the video? Let me tell the member that the first time I was ever shown the closed-circuit television coverage of this was on Saturday when I returned from leave. Mrs M.H. Roberts: You’re really on top of things, aren’t you?

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Mr R.F. JOHNSON: If this is a serious question, then listen to the answer without interruptions. Let us not forget this happened under the Labor government’s watch. The question should be: “Was the former Minister for Police made aware of this incident when it took place in August 2008?” Several members interjected. Mr R.F. JOHNSON: Was the member for Girrawheen aware, when she was the Minister for Corrective Services in 2008, of the further CCTV coverage? I take it from the silence opposite that maybe they were aware but because there was an election coming up they took no action at all. Several members interjected. The SPEAKER: Member for Mandurah, I formally call you for the first time. I believe the member for Mindarie has asked a serious question in this place. I would like him to have the opportunity to hear the answer, but other members are preventing that from happening. Mr R.F. JOHNSON: This is a very serious issue—of course it is. I was first made aware of it, I think, in about May, by the Commissioner of Police when he was talking to me in general terms about a review into the use of Tasers. I think there were about five different incidents that he referred to. Of course, I did not know the severity of the incident at the Perth watch-house until I actually — Mr M.P. Whitely: Did you ask? Mr R.F. JOHNSON: There was an internal investigation going on immediately after this incident took place, which I have got to commend the police for. Let us not forget that as soon as a senior officer saw the CCTV footage of this attack by the two officers with their Tasers against Mr Spratt, the senior officer immediately instigated an internal inquiry. That inquiry was overseen by the Deputy Commissioner of Police. When an inquiry is going on, it is not appropriate for the minister to get involved. However, I was made aware, I think in May this year, of the general context of five different events that took place. When was I shown the video? As I say, the first time I saw it—that CCTV coverage was held by the Corruption and Crime Commission—the police had initiated an immediate internal investigation. The police went to the Director of Public Prosecutions and asked the DPP whether the police should lay any charges in relation to the two police officers. As far as I understand, the DPP told the police, “You need a complainant. I suggest you go and talk to the complainant”, which the police did, along with the Aboriginal Legal Service of Western Australia. The complainant was then in prison, as I understand. I understand also that the complainant did not want to prefer charges. He wanted the police to carry out an internal investigation and to deal with it internally. That is all the information I had at that time. Mr E.S. Ripper: Did you do anything? Mr R.F. JOHNSON: What a stupid question. Did I do anything? I was not even aware of this until the whole thing became public. I heard about the initial Taser incident in May, as I have said, but not the whole detail. It was not until this Saturday that I saw the CCTV footage, and I was horrified. Of course I was horrified, just like everyone else. Mr E.S. Ripper: Did you know there was a CCC investigation underway? Mr R.F. JOHNSON: I became aware that the CCC was carrying out an inquiry into the use of Tasers. Mr E.S. Ripper: When was that? Mr R.F. JOHNSON: I think that was probably about May as well. During all this time, it has been either under an internal police investigation or under an investigation of the CCC. I could not be expected to have known about the details of this footage or to have sighted this footage—it would have been inappropriate for me to have done that—while an investigation was going on. Ms M.M. Quirk: Why? Mr R.F. JOHNSON: The member for Girrawheen was a minister when this event took place, and so was the member for Balcatta. What did they do about it? They covered it up because there was an election due. I am telling members the truth. The trouble is that the truth hurts. Mrs M.H. Roberts: That was not part of your initial briefing, as minister, from what I have seen. Mr R.F. JOHNSON: What did the member say? Mrs M.H. Roberts: You were elected in September and the incident happened in August. Was it part of your original briefing as the minister, or not? Mr R.F. JOHNSON: No, it was not. I assume that the previous minister was informed and that both previous ministers were informed about both incidents. I was not informed about it when I took over as police minister. I assure the member that I have been through all the briefing notes, because I wanted to know, and it is not there.

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TASER USE — KEVIN SPRATT INCIDENT 589. Mr J.R. QUIGLEY to the Minister for Police: I have a supplementary question. The minister said in his answer that he was first informed of this incident by the Commissioner of Police in May this year—2010. At that time — Mr R.F. Johnson: What is your question? It is supposed to be a supplementary. Mr J.R. QUIGLEY: I will ask the minister a supplementary question. At the time the Commissioner of Police informed the minister in May 2010, did the Commissioner of Police inform the minister that the prisoner had been tasered 13 times, and did he give the minister any reason for not showing the minister the video footage? Mr R.F. JOHNSON replied: I do not remember the Commissioner of Police telling me that the prisoner had been tasered 13 times. I certainly do not recall that at all. Mr F.M. Logan: What did he say to you? Mr R.F. JOHNSON: I am going from memory now, but I certainly do recall him talking about a serious incident at the Perth watch-house that had been covered by internal police investigations and was now the matter of a CCC inquiry. That is what I was told in May this year. MENTAL HEALTH — YOUNG PEOPLE 590. Dr M.D. NAHAN to the Minister for Mental Health: Mr Speaker, my question is to Western Australia’s first minister for mineral health. Minister, I am proud to be in a government that has over the last two years invested heavily — Mr M.P. Whitely: Mineral health? The SPEAKER: Member, take a seat. Member for Bassendean, I was trying to hint to you subtly before that maybe you should keep quiet for a while. I am formally going to call you for the first time today. Dr M.D. NAHAN: Minister, I am proud to be part of a government that has over the past two years invested heavily in improving mental health services and has delivered, amongst other things, the state’s first dedicated mental health minister, the first dedicated Mental Health Commission, the first ring-fenced mental health budget — Several members interjected. Dr M.D. NAHAN: This is a serious issue. Several members interjected. Dr M.D. NAHAN: A serious initiative. Mr T.G. Stephens: You’ll get chucked out for breaking standing orders. The SPEAKER: Take a seat. Member for Pilbara, I formally call you to order for the first time today. Mr T.G. Stephens interjected. The SPEAKER: Member for Pilbara, I do not need to hear any further comment. Members, if you want questions asked in this place, there is a process that you need to follow, and continual interjection, as I have said on many occasions, prevents that from happening. Dr M.D. NAHAN: There is also a new suicide prevention strategy and many new facilities, including at Princess Margaret Hospital, Murdoch University, East Perth and Narrogin. The minister will be aware that mental health issues account for 55 per cent of ill health. Mr T.G. Stephens: This is two minutes into your preamble! The SPEAKER: Take a seat, member for Riverton. Members, I keep hearing in this place that you would like more questions asked. Mr T.G. Stephens: He hasn’t asked one. Mr P. Papalia: He hasn’t started to ask one. The SPEAKER: I formally call you to order for the first time. An opposition member interjected: Who? The SPEAKER: The member knows who I am talking about and he needs —

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A member interjected. The SPEAKER: Member! Member for Pilbara, I formally call you to order for the second time today. Members, if you want question time to proceed from this point, you will desist from interjecting. Dr M.D. NAHAN: Will the minister inform the house of this government’s most recent investment in adolescent mental health services? Dr G.G. JACOBS replied: I thank the member for Riverton for his compassion and his advocacy in the area of, particularly, child and adolescent mental health. Unfortunately, one in four young Western Australians experience some form of mental health problem in a year. That is a significant statistic, and it is a concern. Fifty-five per cent of those suffering mental illness in the community—over half, if members like—are young people aged 15 to 24 years old. The major conditions are depression, anxiety and the consequences of substance misuse and abuse. It is important that we support young people, particularly by early intervention in mental illness. Yesterday, I had the pleasure, and I believe the deputy leader also made a visit, to announce at the Bentley mental health facility a Families at Work program and a $100 000— Mr M.P. Whitely interjected. Dr G.G. JACOBS: A $100 000 refurbishment, member for Bassendean, that goes to — Mr M.P. Whitely interjected. The SPEAKER: Member for Bassendean. Dr G.G. JACOBS: That refurbishment goes to improving the facility and delivering services for young people who suffer from some form of mental illness. Several members interjected. Dr G.G. JACOBS: The Families at Work program is a statewide service for young people between the ages of eight and 13 who have social, emotional, and behavioural and mental illness problems. The upgrade to the unit and the redevelopment of the program means that both residential and day services can be offered, and there is a classroom attached to the Families at Work unit—an important opportunity for young people in the facility to attend school while they are on the program. Young people will be able to attend the program during the day and go home to their families at night, which is an additional option that was previously unavailable. The member for Bassendean knows that that service has always been there. Basically, we are improving both inpatient and residential in-reach services for young people. The Families at Work program is offered in conjunction with the Department of Education’s Hospital School Services. I congratulate the Minister for Education for her involvement in those services for that facility. While I was at the complex, I announced a further $337 000 investment in the refurbishment of the Bentley adolescent unit, with improved staff training and increased focus on discharge planning in addition to the refurbishment. As members will know, the Bentley adolescent unit is an authorised child and adolescent inpatient mental health facility in Western Australia. It was built 14 years ago. This investment will make it more contemporary, more liveable and more functional for young people who are patients, for their families and for staff. The funding will also enable 25 child and adolescent mental health service staff to participate in a one-day training program conducted by Professor Patrick McGorry’s Orygen Youth Health organisation, which will be held towards the end of this month. The Bentley adolescent unit will work with the Mental Health Commission to customise support services to better individualise the needs of young people. It is an important step in developing improved recovery coordination for young people with a mental illness. We would all know a friend, a work colleague or a relative who has a child with a mental illness. It is about delivering hope, success, recovery and functional lives for young people in Western Australia. MIDLAND HEALTH CAMPUS — SWAN DISTRICT HOSPITAL STAFF 591. Mr R.H. COOK to the Minister for Health: I note the minister’s call for expressions of interest from private companies to submit tenders to design, build and operate the new privatised Midland health campus. I will also quote his comments — Staff working at Swan District Hospital will be able to apply for jobs at the Midland Health Campus. Those permanent staff who prefer to remain WA Health employees will be offered alternative positions within the health system. (1) Will the minister guarantee that every single employee of Swan District Hospital who wants to transfer to Midland health campus will be offered a job guaranteeing wages and conditions that provide parity with the public sector and continue their entitlements, such as accrued long service leave?

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(2) Will the minister guarantee that there will be no reduction in staff-to-patient ratios when Swan District Hospital becomes the new Midland health campus? Dr K.D. HAMES replied: (1)–(2) It is true what the member said about calling for expressions of interest. As has been said previously, the government is very happy with the hospital management currently being undertaken at Joondalup Health Campus. Mr R.H. Cook interjected. The SPEAKER: Members! Dr K.D. HAMES: I find that every time I try to answer a question from the member, he wants to answer it for me, so I will just pause every time he does so to give him lots of opportunity to interject. Mr R.H. Cook interjected. The SPEAKER: Thank you, members! Dr K.D. HAMES: Sadly, Mr Speaker, it means that my answer might take a little longer than usual. We are very happy with the model that has been put in place. We think the outcomes being delivered are excellent. We have proposed that model for the new Midland hospital, and we have gone out for expressions of interest to do that. Given that the current number of beds at the hospital will increase to more than 300 beds at the new hospital, there will be a huge demand for staff who currently work at Swan District Hospital to work at the new facility. Contrary to the opposition’s view, there is nothing wrong with working in the private sector. The staff who work at Joondalup hospital and, in fact, at Peel Health Campus are getting as good conditions as is anyone working anywhere else. The staff work extremely hard and provide a fantastic service. The reality is that with private sector management, there are increased efficiencies in the management of those hospitals. In effect, we will be giving a private sector service in what will remain a public hospital. It is therefore the very best that the private sector has to offer patients in its system. The reason patients choose to have private insurance is so that they can access those very high quality services. Those services will now be provided to all members of the public in the eastern metropolitan region. We therefore think that is a fantastic service that will be offered to them. However, we have said to staff who do not wish to work for the private sector, which will be managing that hospital for us, that we will offer them positions in the public sector. Obviously it will be harder for them to get to work if they live in the Swan district. The other hospitals available are Armadale–Kelmscott Memorial Hospital, Royal Perth Hospital and Princess Margaret Hospital for Children—wherever the public hospitals are in the system. Mr R.H. Cook: So, they’ll have to travel, won’t they? Dr K.D. HAMES: They will have to travel. They can catch the train into Royal Perth Hospital and continue to work at Royal Perth—a tertiary hospital that we have saved and the opposition intended to close. We will therefore provide a fantastic opportunity for them so that they do not have too far to go. Being able to take a train from Midland to Royal Perth Hospital is a fantastic opportunity. Ms J.M. Freeman interjected. Dr K.D. HAMES: We have said that we will commit to retaining staff in the public sector if they so wish. Members may remember low staff numbers that transitioned across from Wanneroo hospital to Joondalup Health Campus; I understand that they are very happy there. MIDLAND HEALTH CAMPUS — SWAN DISTRICT HOSPITAL STAFF 592. Mr R.H. COOK to the Minister for Health: I have a supplementary question, although I note that a couple of my questions were not answered. However, I want to ask the minister why he still denies that Midland hospital will be privatised when his document states in black and white that that is exactly what he will do? Dr K.D. HAMES replied: This is a public hospital. It will remain a public hospital. We will contract out to the private sector to manage it for us—under contract. Several members interjected. Dr K.D. HAMES: Members opposite can use whichever words they like; I have said exactly what will happen. The hospital will be a government hospital, a public hospital, and we will contract out to the private sector to run it.

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There was a demonstration outside Parliament House today by the missos. Some of the comments I heard from opposition members were very interesting. They were all about innuendo on what government may or may not do in the future. The amounts that have been offered—3.5 per cent, 2.5 per cent and 2.5 per cent—were roundly booed; obviously, while members were out there. When I look at agreements that have been made—I note other ones that the Liquor, Hospitality and Miscellaneous Union has been involved in—I note that the amounts offered to employees of Perth Zoo and under consideration by the union are three per cent, 2.75 per cent and three per cent. That union is probably saying that it is not enough. But I go to the only other one that has been arbitrated; although I thought more than one had been arbitrated, it was made clear to me today that only one had been arbitrated. The arbitrated outcome of the “Government Services (Miscellaneous) General Agreement” was three per cent, 2.75 per cent and three per cent. For this government, therefore, the independent umpire has arbitrated a significantly lower amount than was offered. Several members interjected. Dr K.D. HAMES: Members should bear in mind that these are the lowest paid workers in the state government system. Mr R.H. Cook: And you’re going to keep it that way! Dr K.D. HAMES: Those guys—members opposite—should be embarrassed, because the LHMU contributed over $400 000 to their campaign. They should have said, “No. Look, thanks, guys; we’d appreciate over $400 000, but you are the lowest paid workers in Western Australia. You’d better keep it. You need that money more than we need it. You keep that 400 grand and we won’t take it off you.” That is a massive amount of money that members opposite have sucked out of the lowest paid workers in this state. PEGGY GUGGENHEIM: A COLLECTION IN VENICE 593. Mrs L.M. HARVEY to the Minister for Culture and the Arts: This government continues to break new ground. In particular I mention the Peggy Guggenheim — Ms M.M. Quirk: Sounds like a preamble! Mrs L.M. HARVEY: Members opposite are obsessed. Several members interjected. Mrs L.M. HARVEY: Okay! While members opposite focus on the provision of toilets in East Perth, we are raising the bar. We have had the highly — Several members interjected. The SPEAKER: Member for Murray–Wellington! Mr M.J. Cowper: Yes! The SPEAKER: Member for Collie–Preston, sorry; I do apologise. I have a problem with that line today! Members, I am the only member of this place who cannot get onto the floor and speak. Some days I would love to be able to do that, but I have given the call to the member for Scarborough and nobody else. Member for Scarborough, all I want to hear is the question—and I do not want to hear anything from anybody else during this question. Mrs L.M. HARVEY: Following on from the highly successful A Day in Pompeii exhibition, would the minister please inform the house of the groundbreaking — Several members interjected. Mrs L.M. HARVEY: The member for Albany can focus on toilets in East Perth; we are going to talk about the Peggy Guggenheim exhibition. The SPEAKER: Member for Albany, I formally call you to order because you did not ask my permission to bring that particular object in, which you may be going to use in your next question; I am not quite sure. But you need permission to do that. I formally call you to order. Member for Scarborough: gee, I would love to hear the question! Mrs L.M. HARVEY: Would the minister please inform the house of the journey the Department of Culture and the Arts has been on in bringing the Peggy Guggenheim: A Collection in Venice exhibition to Western Australia? Mr J.H.D. DAY replied: I would be delighted to inform the house a little about the Peggy Guggenheim exhibition and the broad range of interests that the member for Scarborough is developing! Mr J.R. Quigley: What was the question again?

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Mr J.H.D. DAY: The member should listen to the answer and he will probably be able to deduce the question, hopefully. I was very pleased to officiate, together with the Minister for Tourism, at the opening of the Peggy Guggenheim: A Collection in Venice exhibition at the Art Gallery of Western Australia last Friday evening. The opening was a very significant event in itself, with in excess of 750 people in attendance, including the member for Perth and one or two other members of the Labor Party, although I am not sure whether they were from the state opposition in particular. All members will have an opportunity to attend, and will receive a letter signed by me and the Minister for Tourism fairly soon. They will see that there is a very significant collection of works presented, including works by some of the world’s foremost and influential artists, particularly from the first half of the twentieth century, including Picasso, Kandinsky, Pollock, Ernst and Rothko. It is the first time that a collection such as this has been seen in the southern hemisphere, and it marks a very significant step towards Perth becoming known as a destination that offers major cultural events, both for local residents and to attract national and international visitors to our state. It is on that basis that the partnership between the Department of Culture and the Arts and Eventscorp has been developed. It helped to present the A Day in Pompeii exhibition at the WA Museum, which was very successful, with about 113 000 people attending. The partnership is now presenting this exhibition in association with the Art Gallery of Western Australia as part of a new five-year partnership that will result in a significant collection of international artworks being brought to Perth over the next five years. This exhibition is a credit to all at the art gallery who have been involved, but it is in particular to the very great credit of the director of the art gallery, Dr Stefano Carboni, who has had the vision and planning to establish a series of exhibitions like this one, and he has been able to use his international reputation, contacts and experience to bring this exhibition to Perth from Venice. Venice is, in fact, his home town, and his mother still lives there, so he has strong connections with that city, and it is wonderful that, as a result of his appointment and his activities, together with the involvement of the other staff at the art gallery, this exhibition has been brought to Perth. It is a collection of some very significant and quite thought-provoking works from the first half of the twentieth century, and, in addition, it is very much a story about Peggy Guggenheim and her involvement in the development of this collection and her support for artists, particularly in the first half of the twentieth century. I encourage all members to attend when they get the opportunity. CITY OF ALBANY — BETTER PRACTICE REVIEW 594. Mr P.B. WATSON to the Minister for Local Government: I refer to the better practice review that the minister has implemented to assist the City of Albany to resolve ongoing issues. (1) Will the minister now cease this better practice review, as requested by City of Albany CEO John Bonker, and conduct a part 8 division 1 Local Government Act inquiry into the affairs of the city, as recommended to the minister by the council following the special electors meeting in May this year? (2) If no to (1), why not? Mr G.M. CASTRILLI replied: I thank the member for some notice of this question. (1)–(2) The answer is no. I have implemented a better practice review in Albany because it is vital that the City of Albany moves on in the best interests of its residents. The City of Albany has a lot of challenges that will require a long time to overcome them. It is a comprehensive strategy, which has been in place since February, to improve the governance of the city. Elected members have been given an opportunity to turn the place around and eight members have come out publicly in support of trying to get the place moving again. The review has identified a number of areas that need to be improved. The city has engaged an experienced CEO. Planning policies and practices have been reviewed by an experienced town planner. The mediator has been engaged and is working to reconcile the differences. The informal advice that I have been given is that progress is being made at the City of Albany. The City of Albany remains on watch. I am there for the best interests of the community of Albany and, as far as I am concerned, things at this point in time are progressing well. Mr T.R. Buswell: Comprehensive! CITY OF ALBANY — BETTER PRACTICE REVIEW 595. Mr P.B. WATSON to the Minister for Local Government: I am speaking to the minister not the monkey! I have a supplementary question. Several members interjected. The SPEAKER: Thank you, members!

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Mr P.B. WATSON: Does the minister agree with the CEO that the better practice review has little or no relevance to the governance difficulties being experienced? He has recommended that it be discontinued. That is right from the coalface! Mr G.M. CASTRILLI replied: This better practice review was implemented in February before the CEO was in place. There is a comprehensive capacity-building exercise going on. The City of Albany has advertised for a permanent CEO, which I expect early next year, and I wait for that outcome. WICKHAM — DOCTOR AND MEDICAL CENTRE Petition MR V.A. CATANIA (North West) [3.02 pm]: I have a petition signed by 895 petitioners couched in the following terms — To the Honourable the Speaker and Members of the Legislative Assembly of the Parliament of Western Australia in Parliament assembled. We the undersigned say the loss of our only Doctor and the decision to close our Medical Centre in Wickham W.A. 6720 is unacceptable now we ask the Legislative Assembly to take such steps as necessary to secure the reversal of this decision and the continued provision of a Doctor and Medical Centre in WICKHAM. Between Roebourne, Wickham and Point Sampson we have a population of around 5000 people, which will be increasing each year. The closure will now require a drive of 40 minutes each way to get medical help and some people are unable to drive. The signatures on this petition show you the community spirit and support around this issue. It is unacceptable with the Royalties for Regions policy that the demise of health services to the three towns has been sanctioned and activated. [See petition 326.] Nonconforming Petition Mr V.A. CATANIA: I also have a nonconforming petition signed by 269 petitioners that is along the same lines. The SPEAKER: I direct that the first petition be tabled and the second petition be noted. PAPERS TABLED Papers were tabled and ordered to lie upon the table of the house. MINISTER FOR TOURISM — PORTFOLIO VISION Notice of Motion Mr J.N. Hyde gave notice that at the next sitting of the house he would move — That this house expresses its lack of confidence in the Minister for Tourism due to her lack of real action to tackle plummeting tourism arrivals and remedy a lack of vision in WA tourism and events. DEPARTMENT OF HOUSING — PROPERTY MAINTENANCE Notice of Motion Mr P.C. Tinley gave notice that at the next sitting of the house he would move — That the house condemns the Barnett government for its many failures in the area of housing, especially in the area of maintenance of Homeswest properties. FRANCHISING BILL 2010 Notice of Motion to Introduce Notice of motion given by Mr P. Abetz. PLANNING AND DEVELOPMENT AMENDMENT BILL 2009 HERITAGE OF WESTERN AUSTRALIA AMENDMENT BILL 2009 ELECTION PROMISES — BARNETT GOVERNMENT Removal of Orders — Statement by Speaker THE SPEAKER (Mr G.A. Woodhams): I advise members in accordance with standing order 144A that the orders of the day that appeared in the last notice paper as private members’ business 1, 2 and 3, the Planning and

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Development Amendment Bill 2009, the Heritage of Western Australia Amendment Bill 2009 and the Election Promises — Barnett Government motion, have not been debated for more than 12 calendar months and have been removed from the notice paper. For the information of members, I advise that a bill removed under this standing order can be restored by motion to the point it had reached prior to its removal. MENTAL HEALTH SERVICES Matter of Public Interest THE SPEAKER (Mr G.A. Woodhams): Today I received within the prescribed time a letter from the Deputy Leader of the Opposition in the following terms — I wish to raise the following as a matter of public interest today. “That, noting this week is World Mental Health Week, this House condemns the Barnett Government for its failure to act on key deficiencies in mental health services.” The matter appears to me to be in order and if at least five members stand in support of this motion, I will allow it. [At least five members rose in their places.] The SPEAKER: The matter can proceed. MR R.H. COOK (Kwinana — Deputy Leader of the Opposition) [3.08 pm]: I move — That, noting this week is World Mental Health Week, this house condemns the Barnett government for its failure to act on key deficiencies in mental health services. It is no news to the members assembled that we face a deficiency in mental health services. It is with a heavy heart that we bring this motion to this place, but it is one that we believe is important because we seek to highlight the deficiency that we have in our mental health services, particularly as they relate to people who are drug-dependent and who have psychosis-induced drug episodes. Whenever I go around the mental health sector and talk to service providers, I hear three consistent things from the workers in this sector. I hear — Several members interjected. The DEPUTY SPEAKER: Members! Mr R.H. COOK: I hear, first, that the demand for services outstrips the supply of those services. These services are overstretched and they just cannot cope. Secondly, they say that staffing remains a problem—that is, the funding of staffing, staffing levels and the security of staffing. Thirdly, they always say that the deficiencies in the services can be overcome with more resources and that this is the key element for boosting the number of mental health services in our community. Yesterday I visited Bentley Hospital, including the Bentley Child and Adolescent Mental Health Service. This institution is very close to the hearts of the member for Victoria Park and the member for Cannington, and it is one in which they take an active interest. It is fair to say that as we looked at the Bentley adolescent mental health clinic, we were shocked at the condition of the facility and the sorts of conditions in which its staff have to work. This has been highlighted to me for some time by both consumers and mental health providers, but it was particularly drawn to my attention by Hon Linda Savage, MLC, who has done a lot of work in this area and, I know, has met with the Minister for Mental Health recently to implore him to boost the funding to this particular clinic. It is fair to say, though, that the minister has responded to the good work of Hon Linda Savage and has recently announced some changes in funding for that service. Mr B.S. Wyatt: She embarrassed him into it. Mr R.H. COOK: Indeed. This service will benefit from some capital investment and, I understand from the minister’s press release, some extra staff training. The staff we met there were highly energised by the opportunity to get this new funding and the changes that it will make to the configuration of their clinic, the increased security that will come with that and the improvement in clinical services. But it will not change the staffing standards and ratios, which they want to see increased. The government has said that it is about systemic change in mental health. It is actually about a systemic freeze. What we have seen since this government has come to office is an ongoing plethora of rhetoric and excuses about why it cannot act. It said that it would appoint a mental health commission within the first 100 days of coming to office. It took the government at least 450 days, which is a fundamental failing to get on with the exercise. It instead invested hundreds of thousands of dollars—almost $500 000—in private sector consultants to advise the government on mental health strategies. We know that the private sector document is now a rehash

7424 [ASSEMBLY - Tuesday, 12 October 2010] that was done by the department. What do we see as the outcome of this review? It is more consultation—more exhaustive consultation! In the meantime, what have we seen with services in this sector? We have seen the closure of mental health services at the Morley Adult Mental Health Centre clinic, the closure of Hawthorn House, the scrapping of subacute beds at the Rockingham mental health facility and the begrudging opening of the Alma Street and Moore Street facilities, which are both great subacute services that were planned and partially delivered by the previous government. They are facilities that I now see the Liberal Party in government embracing as very good facilities, which it thinks will enhance service delivery. We have yet to see one proposal for a new like facility. In the words of Professor Paul Skerritt, what we do not need in the mental health sector is more reports and more consultation; what we need is more action from this government to bring about lasting reform. Lasting reform comes from investment in partnerships and a substantial change in the area. In particular, we want to see reform mirrored in extra dollars. The question the minister has to answer is: how much extra is this sector going to receive so that we can at last see a bit of action in this area? We know that drugs loom large in the mental health sector. It is one issue that puts our institutions under pressure, not only the Mental Health Commission, but also right across our communities and social infrastructure. I am constantly written to and communicated with by parents who are at their wits end trying to get some kind of service for their children, often grown children, who have developed a drug dependency. They are desperate to see some services for their kids. I want finally to share with the chamber the observations of one parent who was having trouble getting the sorts of services that she felt she needed for her son, who was schizophrenic and drug dependent. She expresses the desperation that she felt when trying to get some sort of assistance for her son. She wrote — What we have learnt is — Our region — … has very little to offer people with a drug problem or mental health issue and truthfully it is the biggest disgrace that people in power have shown this problem. … Our hospital’s emergency department reached its 2009 admittance for drug related problems by early June 2010 that shows a marked increase not a decrease as you seem to think. If we dont help these people the suicide rate will increase and the number of people on disability pensions will increase and soon when you are no longer in power some one will be cleaning up your mess and it will be harder because this is the generation they will be coming from so will there be many left to guide this state or who could guide this state? … The drug problem is huge in — Our region — … and we need to look at finding some help for these people and their families if not the problem will continue to grow. And the prison will become a place where people dry out but then due to lack of support go back onto the drugs. The situation we have of young people confronted by the justice system and by the drugs that wreck their lives is a disgrace. We call upon the government to increase the level of services so that we can have some resources brought to bear and improve the situation. MR P. PAPALIA (Warnbro) [3.17 pm]: I support the motion. I intend to focus specifically on deficiencies in mental health services in prisons and in the justice system. Prior to doing that, though, I acknowledge the presence in the public gallery today of members of the community action group Mental Health Matters 2, who were there for the minister’s presentation this morning and were finalists in the 2010 Mental Health Good Outcomes Awards in the John Da Silva carers award section. These people are courageous. They are doing all of us a tremendous service, not just their loved ones on behalf of whom they are striving. They are doing all of us a service because they are not intending to be a fluffy, touchy, feelgood support group; they have come together with the intention of achieving action. It is their intention to hold all of us in this place to account on mental health matters, particularly as they impact in a negative way on those who encounter the justice system and subsequently enter the prison system. Why would this be of any interest at all in Western Australia? We need look no further than the massive increase in the prison muster that has taken place under this government. In the first 18 months of this government, the prison muster increased by 27 per cent, which is an extraordinary figure. The prison muster is still at record levels, although it has eased somewhat in recent times. Mr C.C. Porter: Are we at record levels or are we not? Mr P. PAPALIA: We are not, thanks, Attorney General. Although it has backed down a little, the muster is still at record levels in comparison with those prior to his taking office.

[ASSEMBLY - Tuesday, 12 October 2010] 7425

What the people in the gallery do for all of us is put a face to the consequence of the massive increase in the prison muster. We know, as a result of a speech given late last year by the Honourable Wayne Martin, Chief Justice of Western Australia, that an extraordinarily large number of people who have a mental illness have been impacted upon by that increase in the prison muster. He said — So, while there is, of course, no “average” prisoner, if there are any general characteristics of the recent prison intake in Western Australia, they include psychiatric disability, economic disadvantage (evidenced through an inability to pay fines), Aboriginality and offending at the lower end of the spectrum. Mr C.C. Porter interjected. Mr P. PAPALIA: I refer to the Chief Justice. The Minister for Corrective Services has referred to that speech many times. Undoubtedly many of those people fit a number of those categories. I will focus on the psychiatric disability component of that increase. The Minister for Mental Health has acknowledged the problem. He is a nice man who has a great deal of sympathy for those who suffer from mental illness. We know that because he has said so many times; no-one would refute that. However, creating the position of a Minister for Mental Health and a Mental Health Commissioner has failed to tackle the problem. The Minister for Mental Health has said on a number of occasions that there is a significant gap in the treatment of mentally ill people in our prison system. In an article in The West Australian on 3 July this year, the minister said — I have a view that we need to do some redevelopment of Graylands hospital as a specialist forensic mental health facility. He also said — …there’s a significant number of prisoners who have mental illnesses and there is a considerable unmet need in the prison system … In the final part of the article he said — It is probably one of the great challenges in reforming mental health but it’s been a Pandora’s Box that no-one has wanted to open. In an article in The Sunday Times he said that — …low-risk petty criminals with a mental illness were being housed alongside serious criminals suffering psychosis at Graylands Hospital. The article also stated that he wants petty criminals treated in community facilities. That is fine. I commend him for acknowledging that problem and for speaking in a truthful fashion. However, he is faced with the quandary of having to reconcile that view with the behaviour of one of the most extremist Ministers for Corrective Services and the most incompetent police ministers in the history of the state. How will he reconcile his observations with the statements made by the minister who is responsible for our prisons? On 18 November last year, the Minister for Corrective Services said in this place — …we actually have fewer mentally unwell people in the prison system than we do in the population at large. On 10 September this year the Minister for Corrective Services said on Stateline — If you have ended up in a Western Australian prison, if you are one of those 4,700 people, you well and truly deserve into to be in that prison. How on earth will the Minister for Mental Health reconcile his position, which acknowledges the problem— again, I commend him for doing that—and his efforts to convince the government to fund a secure residential facility as an alternative to incarceration for mentally ill offenders with the extremist and negative views of the Minister for Corrective Services, who is responsible for our prisons? If he cannot acknowledge the problem, how on earth can the Minister for Mental Health get him to take steps to repair the situation? I agree with the Minister for Mental Health. This issue is a Pandora’s box. However, we have to open the lid. The government must allow for an independent analysis of the state, scope and nature of the problem in our prisons. The Minister for Corrective Services will not acknowledge it because he has been advised by a department that is incapable of acknowledging it. The Minister for Mental Health has to push this issue. He must take action and convince his cabinet colleagues of the necessity to find out the real state of play in our prison system. It is not only the offenders who are suffering. A huge number of family members and loved ones are desperately in need of our support. They have been courageous in stepping forward despite the potential negative connotations and consequences for their loved ones. It is imperative that we in this place respond on their behalf and it is imperative that the Minister for Mental Health convinces his colleagues that the government can no longer continue to thump its chest and claim to be tough on crime. It can no longer throw hundreds of these people into

7426 [ASSEMBLY - Tuesday, 12 October 2010] prison. As the Minister for Mental Health has identified, it is more appropriate for them to be treated in a secure residential facility in the community. It is now up to the Minister for Mental Health. MS L.L. BAKER (Maylands) [3.24 pm]: I will start my contribution to this matter of public interest by asking the Minister for Mental Health to show me the services. The minister started off with vigour and excitement about his government’s commitment to addressing mental health issues. Two years down the track, we have a Mental Health Commission. The Mental Health Commissioner has said publicly that his first task would be to work out the budget and to determine how much money comes from where and what it will be spent on. According to the Western Australian Network of Alcohol and other Drug Agencies, up to 62 per cent of prisoners suffer from a mental illness. Why is that the case? It is because there are not enough diversionary programs in the community. Where are the new services for Aboriginal people and our youth? The government shut the Morley Adult Mental Health Centre clinic. Previous speakers have referred to other clinics that have been closed. Where are the services to support families, carers and advocates? Where are the new services that the Minister for Mental Health excitedly talked about? Nothing is being delivered on the ground. It took two years to get a contract to deliver the “Western Australian Suicide Prevention Strategy 2009 – 2013”. What has been the impact of that strategy two years into this government? There has been no impact. Have general practitioners received extra training? The minister is well aware of the role that GPs should be playing in early intervention and in trying to divert some of the problems that come downstream because of a late diagnosis or, worse, no diagnosis. There is no capacity in the sector. There is no sustainability in what is out there. The minister is counting on the police as the sole means of trying to deliver some of these services. They are the ones who are faced with the impact of drug and alcohol use by those with a mental illness. Police are not skilled in that area. The government must ‘fess up to the fact that it is not funding anything on the ground. People in the community sector, particularly the non-government sector, are desperate for funding to deliver services. We have heard about the services that are missing from prisons; that has not changed. No more money has been put into trying to address mental health issues in prisons. The government must commit money into this area. Given that it is Mental Health Week, it is crucial that the government commits significant funds into diversionary programs in the community to try to help those with a mental illness. DR G.G. JACOBS (Eyre — Minister for Mental Health) [3.27 pm]: Thank you, Mr Deputy Speaker, for the opportunity to talk to this motion. I ask members to take a step back so that we can develop the theme of the government. When we came to government, there was no mental health portfolio. There was no answer to the question of how much money is spent on mental health. There was no answer to the questions of how much money is spent on community mental health versus acute mental health and of servicing people who have an acute illness and who need to go to hospital. That was the state of the game in mental health in Western Australia when we came to government. The basic question was: how much money is spent in the area of mental health? Without knowing how much money we spend, we do not know whether it is the best spend and whether we should spend that money in some other way to get the services we need for people with a mental illness. We have learnt that we spend more than half a billion dollars on mental health. Of that, $271 million is spent on community mental health and the remainder on acute mental health. For the first time we have a Mental Health Commission. It is primarily structured to have an emphasis on procurement and purchasing. That means that if a deficiency in a service is identified, the Mental Health Commissioner and the Mental Health Commission have the grunt and the ability to procure and purchase services to fill that need. The people who will be funded to service that need may come from the public sector. It may be a private facility such as St John of God Health Care that provides a service. It may be a non-government organisation or a community organisation that provides a very worthwhile service for people in need. This issue is about providing a service. We now have a ring-fenced budget. We now have an ability to determine what we have to spend and how we spend it. It is interesting that the Deputy Leader of the Opposition said that I have responded in a knee-jerk way to some of the calls that he made for the Bentley adolescent unit and the Families at Work program. I am trying to indicate today that, with the commission and the commissioner, we have the ability and the flexibility to respond. I am not necessarily talking about responding to the opposition. Quite honestly, I do not play politics with this issue and I really do not care if the opposition wants to play politics with it. We need to identify where there is a need and fill it. That is what we have done with the Families at Work program. I have heard some responses from the other side that these programs have been there for some time. We are making those programs better so they can deliver services. As we heard the new commissioner, Eddie Bartnik, say in recent times, it is about individualising the care for, in this case, children and adolescents in and around Families at Work and the Bentley adolescent unit. I am proud of that response and the ability of the commission to respond to that. That is one of the reasons we have created a commission and a commissioner. The deputy leader talked about a rehash, saying that we have had the planning and strategy before and asking where it is. It has been through PricewaterhouseCoopers. I am sure the deputy leader would not discourage the

[ASSEMBLY - Tuesday, 12 October 2010] 7427 community forums that we have been holding throughout Western Australia for people such as those sitting in the gallery today to have input. Mr R.H. Cook: Was that money well spent? Dr G.G. JACOBS: Compared with the moneys that the Labor Party committed to mental health when it was in government, it was a bargain. What we had, compared with the price tag the Labor Party had on the review, was a bargain. We had a true review that looked at how we could do things differently to provide better services for people in Western Australia. The Deputy Leader of the Opposition’s speech had a negative theme, saying that we have closed Hawthorn House and we have not done anything. The deputy leader was at the opening in Fremantle. He was there when we opened Ngulla Mia, the 34-bed facility in Perth for homeless adults and the mentally ill, managed by the Richmond Fellowship. I am sure the deputy leader was there for the opening—the member for Bassendean would vouch for this—of one of the clinics, situated both north and south of Perth, that deliver a multidisciplinary approach to people with ADHD and complex disorders. The construction of the 30-bed acute mental health inpatient unit at Rockingham was completed; two new specialist community mental health services were established to provide assessment — Mr R.H. Cook interjected. The DEPUTY SPEAKER: Member for Kwinana! Dr G.G. JACOBS: The argument put by the deputy leader that we have not done anything is most incorrect and most unfair. In his closing remarks, he said that we are not doing enough in the area of drugs and alcohol. The Drugs and Alcohol Office and the Mental Health Commission work very closely together. In fact, the head of DAO, Neil Guard, was the acting commissioner for some time before the substantive commissioner came on board. The co-morbidities in mental illness of drug and substance abuse are well known. DAO has a budget of over $52 million to deliver services to people. The member for Kwinana knows about the extra moneys that this government has put towards George O’Neil’s Fresh Start program. We recognise where we need to put funds to help people with mental illness and the co-morbidities of drug and alcohol abuse. In the area of forensic mental health, the member for Warnbro talked about a gap in the prison system and quoted from a press statement of mine. Yes, we recognise the need. Mr R.H. Cook: The Attorney General doesn’t though, does he? Dr G.G. JACOBS: The Attorney General and I often speak on this issue. There are very serious issues in and around forensic mental health. For members who do not completely understand the issue, it is about those people who suffer from a mental illness and who commit some form of criminal offence. Last night I attended the opening of the Mental Health Law Centre and heard Sandra Boulter and others talk about what we should be looking at in the Mental Health Act to accommodate people with a mental illness who commit a crime. The member for Warnbro skidded over the issue of how we make things work better and how we think differently about how we do things. It is not just about the resources. It is very often the case—the member for Warnbro indicated this—that there seems to be little option in the system for a low risk civil disobedient who gets caught up in the system; for instance, a young man who is depressed and shoplifts. Mr J.R. Quigley: Or does graffiti. Dr G.G. JACOBS: Yes. That is as distinct from a high risk criminal disobedient with a severe psychosis. I am the first to recognise the work of Ed Petch, the very good head psychiatrist who is guiding us through trying to develop a specialised forensic mental health service. Mr J.R. Quigley: That low grade offender that you were talking about developing with the psychiatrist; does the psychiatrist also support your policy to name and shame these young low grade offenders who are being treated for a mental disorder? Dr G.G. JACOBS: I will stay on the issue of mental health and mental illness in those unfortunate young people who get caught up in the system. I am trying to develop an argument that says we need to do things and we need to individualise for that issue. One case does not fit all. It may be that that low risk civil disobedient young man should be put into a community facility appropriate for his condition. I do not denigrate or discount all the good work that is done at Graylands Hospital. If we have all those services and we do not distinguish them, our forensic service would be overloaded, and when we need the hospital for someone with a severe illness or for a person who has committed a more severe offence, the place is full. It is about looking at those and that is the way we can make a difference. When I am talking about Graylands Hospital redevelopment, I am talking about looking at that service. Mr P. Papalia interjected.

7428 [ASSEMBLY - Tuesday, 12 October 2010]

Dr G.G. JACOBS: I went to Victoria just the other week and looked at the Thomas Embling service. I also went to the Dame Phyllis Frost Centre for women and saw that it had a stand-alone mental health facility within its confines to treat people with the illness on campus, if we like. This is a big body of work. Mr P. Papalia: It is. Dr G.G. JACOBS: I thank the member for acknowledging that and for acknowledging that I have recognised the issue. It is about doing things differently. Yes, we need to understand what resource we have and how best we spend it. I, as the minister, will make a case to my colleagues and to cabinet with a good argument to attract funds in the budgetary process for a good outcome. We will not be able to do this overnight. Mr P. Papalia: I agree. Dr G.G. JACOBS: We will have to do this in stages. It is about reform and that is what this government is about and what I am about. Mr P. Papalia interjected. Dr G.G. JACOBS: I believe that we need to take a bipartisan view in promoting mental health and mental health services. What did the opposition change in eight years of government and what have we done in the past two years? In making that comparison I say to the member for Warnbro that we have not solved all the problems but we are making important inroads and taking important steps to address mental illness and to improve emotional wellbeing and mental health in the state of Western Australia. MR C.C. PORTER (Bateman — Attorney General) [3.41 pm]: I thank members for their contributions. This is a very difficult and complicated area. A lot of the difficulties and complications arise by virtue of measurement and how we go about assessing what percentage of people have a mental illness, whether they be in the general community or in the prison community. I know the member for Warnbro takes a keen interest in this, and I do not think he and I are as far apart in our thinking as he might sometimes think or make out. Let me say this: measuring mental illness is one of those things that is open to a variety of definitions. I have looked over some of the member’s press releases in this area. He has offered a range of figures that represent a percentage of mental illness in the prison population: 14.5 per cent in WA, 37 per cent nationwide, 80 per cent in New South Wales, 62 per cent and 25 per cent again in Western Australia. To an extent, his press releases acknowledge somewhat different measures, but in my view they are incomplete. It is worth considering for a moment the basis for those measures. Mr P. Papalia: Do you understand why I quoted those rates? Mr C.C. PORTER: I am not criticising the member for quoting those rates. Mr P. Papalia: There isn’t an accurate assessment. Mr C.C. PORTER: Let me go through how each of them is measured. The member for Warnbro said the prison muster has grown by 825 prisoners in the past year and, of those, 14.5 per cent had a psychiatric illness, while almost two per cent were classified as mentally disabled. He said that WA prisons are flooded with mentally ill, poor and Indigenous people. He said that in 2009 the Australian Institute of Health and Welfare put the number of prisoners across the country who suffer from diagnosed mental illness at 37 per cent. He said also that a 2006 study by the New South Wales–based Centre for Health Research in Criminal Justice was even more alarming; it found the 12-month prevalence of any psychiatric illness was 80 per cent. He said that here in Western Australia the Western Australian Network of Alcohol and Other Drug Agencies estimates the likely figure for prisoners suffering from mental illness to be 62 per cent. There is a variety of figures. When we look past the press releases and go back to the original reports, we see that each of them measures a different thing. Obviously, one of the obligations of government is to try to work out the scope of the problem, its nature and, thereby, how we might direct funds and what quantum of funds we might have to direct to try to improve the problem. The reason for that great variety of statistics on the prison population who suffer mental health problems is just that mental illness can be used as a definition in a variety of ways. We can look at people who are currently medicated for a mental illness, which I think is a fairly good measure. We can look at persons who have been diagnosed with any psychiatric disorder within a specified time—that is to say, all known or clinically recognised psychiatric disorders—or we can look at people who have been diagnosed with a narrower range of what we call mental illnesses. There are three possibilities. Each of those statistics relates to one of those three possibilities. Mr P. Papalia: Yes. Mr C.C. PORTER: I will go through the measurement aspect and then invite an interjection. For instance, that New South Wales study that the member for Warnbro cites and that indicates 80 per cent of prisoners had at least one psychiatric illness in the past 12 months, measured basically all known psychiatrics disorders. Of that 80 per cent, 37.9 per cent were anxiety disorders, including post-traumatic stress disorder or general anxiety

[ASSEMBLY - Tuesday, 12 October 2010] 7429 disorders; and 45.6 per cent were effective disorders—depressive, both mild and severe disorders, including bipolar disorders. Mr P. Papalia: Did you see in the newspaper the guy who was depressed and got shot in New South Wales? Mr C.C. PORTER: No; I am sorry, I did not. Mr P. Papalia: If you are dismissing depressive mild or severe disorders as not being important, it is a reasonable question. Mr C.C. PORTER: I am not leaping to any pejorative comments. I am just going through the data first. I will make some comments on the data in a moment, but I think the data is very important. Of that 80 per cent, psychosis represents seven per cent; personality disorders, 43.1 per cent; and substance-use disorders, 65.7 per cent. Substance-use disorders was quoted at 65.7 per cent and that was pursuant to a comparison of mental disorders in Australian prisons with a community sample in the Australian and New Zealand Journal of Psychiatry, volume 40, issue 3 of March 2006. One of the things that produces a very large percentage of prisoners with a mental disorder is the inclusion of substance-use disorders. I am not saying we should not do that. I am saying that that measure will produce a very broad percentage of the prison population with a mental disorder. That is because a substance-use disorder includes both substance dependence, which is addiction, and substance abuse. In Western Australia, a person being measured for a substance-use disorder who answers yes to between one and four questions will be determined to have a substance-use or abuse problem. They are, firstly, recurrent substance use resulting in a failure to fulfil major role obligations at work, school et cetera, and, secondly, recurrent substance abuse in situations in which it is physically hazardous, such as using an automobile. Thirdly, if a person answers yes to “Do you have recurrent substance-related legal problems, such as arrests?”, he will be determined to have a substance abuse problem. The fourth one is continued substance use despite having persistent or recurrent, social or interpersonal problems caused or exacerbated by the effects of the substance. It is a very broad definition. On one view of that, people who are arrested for an offence and charged and convicted whilst under the influence of alcohol have by that definition—one that is regularly used— a substance abuse problem. It might be a very serious offence or it might be a less serious offence. The point I seek to make is that, even in the member for Warnbro’s own press releases, he has used a variety of measures. All of them are valid in their own way but they are based on different things. I say that two of the best indicators in this jurisdiction about the percentage of the prison population who have a mental disorder, if I can use that term, are, first of all, the number of people in the prison system who are being medicated for mental disorders. That measure is around the 25 per cent mark. It is 17 per cent for depressive disorders and eight per cent for psychotic disorders, which is roughly similar to the rates in other Australian jurisdictions. Mr P. Papalia: Are you aware of what percentage of prisoners are being medicated for behavioural problems such as attention deficit disorder? Mr C.C. PORTER: I am not and I am not even sure whether that statistic is necessarily kept. I will try to find out for the member. It may be that a percentage of that comes into “depressive” because of co-morbidity. I do not know the answer. Mr P. Papalia: I ask because I asked that question of you last year regarding adult prisoners and juveniles, and your response was that it was an impossible question to answer. Mr C.C. PORTER: That rings a bell. It may be the case. Mr P. Papalia: That leads me to question how you get such detailed information with regard to pharmaceutical treatment of prisoners — Mr C.C. PORTER: I will dig a bit deeper into why there is more detail on depressive medication and less detail on ADHD medication. I am happy to do that. The point I am seeking to make is that about 25 per cent of people in prison are being medicated for psychotic and depressive disorders. If we look at people who have been psychiatrically flagged, it is 13.4 per cent. The member for Warnbro quotes often from a comment that I made that when we compare that with the Australian Bureau of Statistics 2007 study, which I think was what the Minister for Mental Health was saying about self-reporting, by virtue of a sample on that measure, which is a not unreasonable comparison, it is comparative. If we use different measures, including substance abuse measures, it will not be as comparative, because I can see that there are likely to be many more people inside the prison system who were ticking the box to, “Have you had legal problems with respect to an alcohol related incident?” than people outside the prison system. That is a matter of commonsense. Mr P. Papalia: The conclusion I drew in my media release was that there needs to be an independent analysis to determine exactly what that is because of all those conflicting figures that you quoted. Mr C.C. PORTER: I am not disputing that this is not an area that cannot undergo further analysis of a prison- based system. I have difficulty with the member saying that a lot of these people are non-violent, mentally ill

7430 [ASSEMBLY - Tuesday, 12 October 2010] people, non-violent drug addicts and alcoholics. The fact is that to have been charged, prosecuted and convicted of an offence, and to have received a term of imprisonment, it will necessarily be either a relatively serious offence or a less serious offence but one which requires a term of imprisonment because of a criminal history. Mr P. Papalia: Can I ask you a question? Mr C.C. PORTER: Just let me finish with that for a moment. Mr P. Papalia: Could I ask a question? What is your view about an individual who encounters the police through no other reason than their parents or loved ones have called the police to assist with their transport to a medical facility, like a hospital or to Graylands, and they subsequently encounter your laws for mandatory sentencing if they respond in an inappropriate way whilst they are suffering psychoses? Mr C.C. PORTER: Let me go back to the beginning, because where mental health intersects with the criminal law has always been a very complicated matter, and criminal law does not treat mental disorders in the same way that the medical professional does. It is very often the case that when a defence of insanity is run and the questions that are put to the clinical psychiatrist and the expert witness are based on the legal test for insanity, they say that is not the test they use in the medical professions, and the person eliciting the evidence, or the judge, will say necessarily, “You still must answer the question.” The way in which that intersects with the criminal law is this. If someone turns up to court and they are charged with a matter, they have three options: they can plead to it; they can plead not guilty by virtue of insanity; or they can argue that they are unfit to stand trial. The defence of insanity — Mr P. Papalia: What if they are in Frankland Centre? Mr C.C. PORTER: No, member for Warnbro, I am explaining how someone might end up in Frankland Centre for one of those three options. If a person pleads not guilty by virtue of insanity, they must show that they are suffering a disorder of the mind—that is the legal term—and that disorder of the mind caused them to lose one of three capacities: the knowledge of what they were doing physically, the knowledge that what they were doing was morally wrong, or the ability to control their actions. If someone, even with a broadly defined mental disorder such as an alcohol abuse problem, has been convicted, it is because, ultimately, the court system has determined that, notwithstanding their mental disorder, such as an alcohol abuse problem, they knew what they did was wrong, they knew what they were doing and they could control their actions, which is to say that the law views that person as morally culpable. It is then the case, of course, that the mental infirmity or disorder is taken into account on sentencing. The other thing that a person can do is argue under the Criminal Law (Mentally Impaired Accused) Act that they are unfit to stand trial. This is where the declared place issue comes into place. I have had discussions with the Minister for Mental Health. I believe that there should be such a declared place. I believe that is important; we have been discussing how that might occur. What I think that the member for Warnbro needs to fully understand is that the declared place is about people, in effect, who under the relevant act have been found unfit to stand trial. It is a very small percentage overall of the people who go through the court system. I will give the member for Warnbro an example of that. The number of people who were found unfit to stand trial in the lower and superior courts pursuant to the relevant section and had custody orders put against them was three in 2005, five in 2006, one in 2007, zero in 2008 and one in 2009. At any given point in time in the criminal justice system there might be, let us say, 17 people who could avail themselves of a declared place. Since the act was passed the place has never been declared. That is about funding and organisation. I do not disagree with the member that such a place should come into being. Mr P. Papalia: Why is it so big in Victoria? Mr C.C. PORTER: Which place is the member talking about? Mr P. Papalia: Why is Thomas Embling Hospital so large with a 180-bed capacity, when Victoria’s prison muster is about the same as ours? Mr C.C. PORTER: Which place is the member talking about? Mr P. Papalia: Thomas Embling Hospital. Mr C.C. PORTER: That is a place that is not used simply for this purpose. Mr P. Papalia: That’s right. Mr C.C. PORTER: I am not saying that a place might not have a place — Mr P. Papalia: Does the minister want me to stop using the term “declared place” or something? Am I using the wrong terminology? Mr C.C. PORTER: Yes. I would like the member to be accurate. Mr P. Papalia: What language would the minister prefer I use to reflect the Thomas Embling centre? Mr C.C. PORTER: What the member has said is if judges have the option of ordering —

[ASSEMBLY - Tuesday, 12 October 2010] 7431

Mr P. Papalia: I am happy to change! Mr C.C. PORTER: Good! If judges had the option of ordering a mentally ill offender to be treated in a declared place, which is more like a secure residential facility than a prison, there might be a number of appropriate offenders diverted from prison. The argument about “declared place” is a very, very specific and well-known argument. Mr P. Papalia: I concede! I will stop using that. Mr C.C. PORTER: I thank the member. That is fine. Mr P. Papalia: I feel that we need another residential facility of the nature that they have in Victoria. Mr C.C. PORTER: I do not think there is any disagreement with that. The point though, with that residential facility, is that we have to find the appropriate balance between security and treatment. Mr P. Papalia: Correct. Mr C.C. PORTER: Where the member and I have some dispute is that he has a view, as he has expressed, that there are non-violent mentally ill people in jail. Mr P. Papalia: There are some violent ones too, whom you put in confrontation with the law by the nature of your legislation — Mr C.C. PORTER: What I am saying to the member for Warnbro is that in this jurisdiction, as in other jurisdictions — Mr P. Papalia: — they wouldn’t normally encounter them otherwise! Mr C.C. PORTER: — a person who might suffer from a broad mental disorder and who is in prison is not there because of their mental disorder; they are there because a court has found them morally and physically culpable for some act against a citizen. Mr P. Papalia: And has nowhere else to send them! Mr C.C. PORTER: No. Mr P. Papalia: Well, that’s true! Mr C.C. PORTER: When we look also about what has been achieved by this government, we see that in 2007– 08 the health budget was $21.8 million; it is now over $28 million — The DEPUTY SPEAKER: Time. MR J.R. QUIGLEY (Mindarie) [3.57 pm]: I would like to make an acknowledgement and a thank you. Firstly, I would like to acknowledge the presence in the chamber of Hon Helen Morton, the pre-eminent policy person on mental health in the Liberal Party of Western Australia, and not the fake minister we have who has done nothing in this chamber for two years. I welcome Hon Helen Morton to the chamber. The second thing I would like to do is by way of a thank you. I would like to thank the honourable Attorney General for his relatively brief academic dissertation on the defence of insanity under the Criminal Code and for his very intellectual presentation of statistics. In that whole presentation the Attorney General managed never to introduce any of the pressing issues that happen at that intersection of mental health and criminal justice where so many people are smashed up. For example, the Attorney General explained the several categories of mental illness. He said there are three categories, including those people who are diagnosed with a clinical disorder; those who are less than that but who are nonetheless medicated for a mental disorder; and those in another narrower range of mental disorders. The fact of the matter is that the Law Reform Commission’s final report on this subject delivered in June 2009 categorised five areas that impact upon the court system, right down to those in the community who suffer from dementia or senility. People of 83 years of age are committing crimes because they are suffering from Alzheimer’s and they are demented. There is a greater range than what the Attorney General wants to ice- skate lightly over the top of. He never traduced the big issues. I want to go to practical examples. Members will not hear me resorting to hiding behind statistics. They will not hear me in this chamber try to do an academic dissertation of section 27 of the Criminal Code when we are discussing the important matter of mental health. What the community wants to know and what the carers of the mentally impaired want to know is what the state is doing to assist in the management of the ongoing problems caused by people who are labouring under any sort of mental impairment. For example, the Law Reform Commission of Western Australia notes immediately after its comments on mental illness that we also have to include in this category people who have personality disorders, often through no fault of their own and often not sourced back to a chemical disposition in their body, but because of the events that have occurred in their life. Page 74 of the Law Reform Commission report states — … but borderline and antisocial personality disorders are those most often associated with offending behaviour. People with borderline personality disorder have frequent and severe mood swings and their

7432 [ASSEMBLY - Tuesday, 12 October 2010]

behaviour can be highly unpredictable. Antisocial personality disorder is characterised by a history of non-conformist, and often criminal, behaviour beginning in childhood. What have we as a Parliament, under the sponsorship of the Premier and the Attorney General, decided to do with this category of people—that is, those suffering with these disorders? The state has decided to name and shame them. We have gone through this debate before. This will only aggravate the disorder and bring them back to this intersection for another smash so that their whole life can be wrecked. This policy runs counter to what the Minister for Mental Health said before the Attorney General spoke. The Minister for Mental Health said that we have to differentiate between serious and minor offenders. The government says that one size does not fit all. The government speaks with a forked tongue when it talks about criminal justice in Western Australia. One minister says that we have to differentiate between serious and minor offenders when we are dealing with mental health, but the Premier of Western Australia says that if one of these people afflicted with an antisocial personality disorder offends, he shall be named and shamed on the internet for the rest of time. That is how we are going to deal with a person who has an antisocial personality disorder. That is one size fits all. Fool is the minister for sitting with a government that says that his opinions are twat; his opinions count for nothing. His colleagues say that one size does fit all and that the good doctor from Esperance can keep his fancy opinions about one size does not fit all when it comes to mental health. All members on this side of the house happen to agree with the dear doctor, but he has sold out to a cabinet that has said that we are going to have a boiler-plate solution. In the one-size-fits-all boiler plate, if a person is a minor offender, as described by the Minister for Mental Health, we are going to knock him on the head and shame him forever. Similarly, the Minister for Mental Health says that we have to deal with these matters on an issues basis. Did our hearts not go out to Carol, at least those of us in this chamber who are parents? I do not cast aspersions on anyone who is not a parent, but as my own parents said to me, “John, you’ve just had a kid. Your life’s about to change forever.” And glory be, did it ever! Mrs M.H. Roberts: That is based on their experience, John! Mr J.R. QUIGLEY: Yes, based on my parents’ experience; that is probably right. Did our hearts not go out to Carol, who said that she has a schizophrenic child and she is too scared to call the police? What are we doing for the carers? The honourable Minister for Police could not care less about the carers of the mentally ill. The carers of the mentally ill get assaulted. They come into my electorate office and say, “I could care for my son when he was 12, but now he is 22 and he is big and has muscles. He is knocking me around and I need help.” That parent is too scared to call the police for help to transport his son to a mental institution, because if his son assaults the police in his heightened state of anxiety, he would face a mandatory term of imprisonment. This government has abandoned the field in mental health and criminal justice and has left these poor wretches to their own resources. Shame on the government! MR M.P. WHITELY (Bassendean) [4.06 pm]: I thank the member for Mindarie for leaving me a couple of minutes to make the point that I want to make. It is a very narrow point, but it is a specific point that I think, if the Minister for Mental Health is listening, might lead to some good. It follows on from an informal conversation we had in the corridor. I have spoken before about how much I applaud the government for following through on a great Labor initiative with the establishment of the two complex attention disorder behaviour clinics at Joondalup and Murdoch. However, we are not getting anything like the full potential out of these clinics. The fundamental problem is that the gatekeepers of these clinics are authorised prescribers. Authorised prescribers are typically either psychiatrists or, in most cases, paediatricians. In fact, to my knowledge the clinic that has been operating for an extended period since November 2009 has seen fewer than 50 patients. That was up until about a month ago. I suggest that the reason for that is not that it does not have the capacity to deal with many multiples of that number, but that in fact the gatekeepers in the northern suburbs are often paediatricians who have a mindset that is quite averse to the philosophy that is in place in those clinics. Recommendation 7 of the Education and Health Standing Committee report that was the genesis of these clinics states that these services must be available for children undergoing initial assessment and diagnosis and for those already diagnosed. Kids should have the opportunity either to be referred by a general practitioner or to be self- referred by parents and not go through the gatekeepers of the local paediatricians. Finding 4 of the committee’s report states that during their training, paediatricians are not adequately informed about the extent of alternative diagnosis and treatment methods and therefore are most likely to use drug therapy in the first instance to manage ADHD. I am suggesting that we have paediatricians with a mindset who are not referring to these clinics, particularly the northern clinic; I am not so concerned about the southern clinic. The minister needs to step in. It would be as easy as the stroke of a pen. It will not cost him a red cent. He just needs to say that referrals can happen from GPs or directly from parents. If these clinics get swamped, I will not criticise the minister. I acknowledge from day one that if these clinics get swamped and we cannot meet the need, let us turn to the federal government and collectively put pressure on it. However, this is something that

[ASSEMBLY - Tuesday, 12 October 2010] 7433 the minister can do with the stroke of a pen. It does not require him to spend a cent. All it requires of him is to make the most of the resources that are already there in the spirit of the Education and Health Standing Committee report, which basically acknowledged that kids need access to these clinics. These clinics need to be the standard setters. Question put and a division taken with the following result —

Ayes (26)

Ms L.L. Baker Mr J.C. Kobelke Ms M.M. Quirk Mr A.J. Waddell Dr. A.D. Buti Mr F.M. Logan Mr E.S. Ripper Mr P.B. Watson Ms A.S. Carles Mr M. McGowan Mrs M.H. Roberts Mr M.P. Whitely Mr R.H. Cook Mr M.P. Murray Ms R. Saffioti Mr B.S. Wyatt Ms J.M. Freeman Mr A.P. O’Gorman Mr T.G. Stephens Mr D.A. Templeman (Teller) Mr J.N. Hyde Mr P. Papalia Mr C.J. Tallentire Mr W.J. Johnston Mr J.R. Quigley Mr P.C. Tinley

Noes (30)

Mr P. Abetz Dr E. Constable Dr G.G. Jacobs Mr D.T. Redman Mr F.A. Alban Mr M.J. Cowper Mr R.F. Johnson Mr A.J. Simpson Mr C.J. Barnett Mr J.H.D. Day Mr A. Krsticevic Mr M.W. Sutherland Mr I.C. Blayney Mr J.M. Francis Mr W.R. Marmion Mr T.K. Waldron Mr J.J.M. Bowler Mr B.J. Grylls Mr P.T. Miles Dr J.M. Woollard Mr T.R. Buswell Dr K.D. Hames Ms A.R. Mitchell Mr J.E. McGrath (Teller) Mr G.M. Castrilli Mrs L.M. Harvey Dr M.D. Nahan Mr V.A. Catania Mr A.P. Jacob Mr C.C. Porter

Pairs

Mrs C.A. Martin Mr I.M. Britza

Question thus negatived.

BILLS Assent Messages from the Governor and from the Lieutenant-Governor received and read notifying assent to the following bills — 1. Retail Trading Hours Amendment Bill 2009. 2. Public Sector Reform Bill 2009. 3. Retail Trading Hours Amendment (Armadale Special Trading Precinct) Bill 2010. 4. Retail Trading Hours Amendment (Midland Special Trading Precinct) Bill 2010.

BILLS Appropriations Messages from the Deputy of the Governor received and read recommending appropriations for the following bills — 1. Fair Trading Bill 2010. 2. Acts Amendment (Fair Trading) Bill 2010. 3. Road Traffic Legislation Amendment (Disqualification by Notice) Bill 2010.

CANNABIS LAW REFORM BILL 2009 Returned Bill returned from the Council with amendments. As to Consideration in Detail On motion without notice by Mr R.F. Johnson (Leader of the House), resolved — That consideration in detail of Legislative Council Message 111 be made an order of the day for a later stage of this day’s sitting.

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APPROVALS AND RELATED REFORMS (NO. 1) (ENVIRONMENT) BILL 2009 Second Reading Resumed from 16 September. MR C.J. TALLENTIRE (Gosnells) [4.18 pm]: I rise to speak to this Approvals and Related Reforms (No. 1) (Environment) Bill 2009. As the opposition’s lead speaker, I say from the outset that the opposition is opposing this legislation. It is legislation that sets out to weaken our Environmental Protection Act. I think all Western Australians have come to understand and realise that our Environmental Protection Act, although not perfect, offers a line of defence for our environment and the natural heritage of which we are custodians. Unfortunately, we have a state government that wants to eliminate certain appeal points in our Environmental Protection Act. The Liberal–National coalition believes that these appeal points are obstructing the ability of some organisations to make money as quickly as possible, are a hindrance to their profit-making activity and that we should therefore eliminate these appeal points. In my view and in the view of the opposition, that would put at risk our environment. It is simply not good enough. In fact, in this legislation we can see a stark difference between the actual political philosophies of the two sides of this Parliament. On the one hand, the Liberal–National government has a desire, perhaps, to ingratiate itself with industry. It wants to be able to say to industry, “Look, we’re doing all we can for you; we’re getting rid of unnecessary appeal procedures; we’re getting the system more streamlined for you.” It is prepared to make those kinds of commitments, those utterances, to industry, while putting our environment at risk and trading away important lines of appeal in our Environmental Protection Act. This is a change. I am not sure that members opposite necessarily understand the detail of the bill. I suspect that they have been guided by some people in industry who have very extreme views about the need for industry to be able to do whatever it likes. We have seen—we saw it in the federal election campaign— that the Liberal Party is very close to organisations such as the Association of Mining and Exploration Companies, which tend to represent smaller mining companies. We are hearing the sort of view that anything that could possibly diminish their profits is something that they will fight. Unfortunately, members on the other side of this Parliament are prepared to do the bidding of organisations like AMEC that hate anything that obstructs their ability to make profits. I think that the essence of this bill is the removal of three appeal opportunities; that is, three opportunities for the public to be engaged in the environmental impact assessment process, often known as part IV and part V of the Environmental Protection Act. The three appeal opportunities that are to be removed are as follows. The first is in relation to planning schemes. I will go into this in a little more detail, but town planning schemes and the assessment of them for their environmental impact is vital. We use the planning process in tandem with the environmental impact assessment process to determine what future land uses are destined for an area of land and at the same time we are able to consider the environmental implications and the planning implications and bring all that together, which is why it is so important that there be this opportunity for people to appeal against the scope and contents of the planning scheme. That is one of the appeal removals. I note that the minister representing the Minister for Environment is not actually in the chamber, so I am concerned that he may not be able to respond to some of the issues that are raised. Again, that is a poor reflection on this government’s attitude towards environmental matters, and the Minister for Police laughs! Mr R.F. Johnson: I am laughing at you and not what you’re saying because some of the things that you say are very silly—some of the things are very silly! Mr C.J. TALLENTIRE: I think that if the Minister for Police sticks with his portfolio area and ensures that the relevant minister is in the chamber, that would be of help to everyone in this place. The second appeal opportunity that is being removed by the Minister for Police and his cronies relates to derived projects. These come about when we have a strategic assessment of an area and a project that the proponent claims is a derived project that is derived from the strategic assessment. There will be all kinds of contention around those so-called derived projects. I will go into this in a bit more detail as well, but I think it is clear from the outset that people will claim a project is a derived project when in fact it is very different in that it has many environmental factors associated with it that will be very different from the environmental factors considered in the strategic assessment. I shall return to this issue in more detail as well. The third appeal point that is being removed relates to project proposals that are essentially around land clearing, which the Environmental Protection Authority deems can be assessed under the land clearing assessment process of part V of the Environmental Protection Act. It could well be—I shall provide some examples of this later— that there are cases in which the EPA, even with all its knowledge and wisdom, gets it wrong and believes that a project is uniquely about the land clearing aspects, but in fact there are other implications. That is why we need to retain this right of appeal against the decision that the EPA might make to let something be dealt with under clearing provisions when, in fact, the project has far broader implications.

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In essence, those are the three major changes to the environmental protection legislation; those are the appeal points being removed and those are the matters that the opposition objects to; and it is for that reason that we will not support the passage of this legislation through this Parliament. However, I want to say a bit about the environmental impact assessment process in Western Australia. The Environmental Protection Act has been with us since 1986. It has had different evolutionary phases, but it is legislation that has been worked out and developed with some very careful thought. I think that it has acted in a way that has at times reflected the political will of the government of the day and ultimately the system does allow for that. I will not pretend that I have been happy with every decision of the Environmental Protection Authority or every final set of ministerial recommendations that have applied to a project, but the fact is that we have had a very thorough and transparent process that has allowed for community comment on matters, allowed for community appeals at relevant stages and has enabled the community to be a part of the shaping of projects. Ultimately, that has led to better projects. I could certainly relate to the house how in many cases people have lodged appeals over the years that have been based on their outright opposition to a particular project. They have not in effect actually stopped the project, but they have helped make the project less environmentally damaging. That is the strength of our Environmental Protection Act’s environmental impact assessment process. It enables community comment to be accessed and to be properly considered and used in such a way that projects can become better designed, more thoroughly thought through and that the ministerial conditions that ultimately govern a project’s activities can be properly designed to constrain certain activities and provide for review and any manner of things that enable a project to be better done. That is one of the strengths of our system. Therefore, it is fair to say that we really should be looking to strengthen the system and to retain it. It is an assessment system; it is not an approvals system. I note that this legislation is, of course, called an approvals and related reforms bill and somehow I think that in using that kind of language, we are suggesting that any proposal, no matter how terrible, will be given a green light in some way. We have to accept that some proposals are unacceptable and should not be allowed to proceed and that is why really we are talking about an assessment framework; it is not an approvals process. I will talk a little more about the matter of community engagement and how it is presently one of the strengths of the system. Although it is one of the system’s strengths, I think that perhaps it is an area in which some constructive improvements could be made to the legislation. There are circumstances in which a proponent— often a very wealthy resources company that has many staff on its payroll working on a particular project—will contract consultants to provide all sorts of technical competencies and all sorts of detailed technical information on a project. That is fairly standard practice for any of the major resource projects that we have. Many hundreds of thousands of dollars, or millions of dollars, go into the design of a project and into gathering information for the assessment process, for various engineering studies, for the consideration of planning implications—for all sorts of aspects. Fortunately, more and more companies are also putting forward social impact statements. Many hundreds of thousands of dollars in research goes into that kind of work. That is all very good. I would also like to see a strengthening of the information provided about the economic benefit to Western Australia of these projects. At the moment we have to take it on face value. The fact is that all the reports are presently put together by the proponent. It is reasonable that the proponent is entitled to do that, but we are using a system that is proponent driven. That is entirely reasonable. It is only fair that we have corresponding resources available for comment on any aspect of information provided in support of a particular project. At the moment there is a gross inequity in place. I have spoken of the sorts of reports that proponents put together to assess that information. We are often talking about piles of documents, metres high in some cases, without exaggeration, when we look at the sort of report information put forward on different projects. That information is presented to government for assessment and consideration, sometimes as part of a formal process and sometimes as part of information to help convince ministers that the project is a good idea. We need to have a balancing resource available to enable people who have a third party interest to comment. Let us take one example that has recently gone through the system. I think it is unreasonable that a company that has a project that involves a huge impact on Exmouth Gulf—that is, the proposal by Straits Resources to construct a 70-kilometre seawall on the eastern edge of Exmouth Gulf and construct salt ponds over 411 square kilometres on the eastern edge of Exmouth Gulf—can muster enough technical information to support its claim that that project, as massive as it was, would not alter the ecology of the Exmouth Gulf, as precious as that is and as vital as that is to various marine habitats including the Ningaloo Reef. We are talking about land that is immediately adjacent to mangrove swamps, which are the ideal breeding ground for many fish species that then migrate from Exmouth Gulf to Ningaloo Reef. We are also talking about engineering structures that would have an enormous impact on the hydrology of the eastern edge of Exmouth Gulf—the hydrology of the gulf could be completely altered. I recall that the company was keen to say that this is a low rainfall area and that the hydrology would not be changed. It presented studies suggesting that only one-in-50-year rainfall events would alter matters. It is important to note that the runoff from the 411 square kilometres of land would be vital in providing a nutrient recharging of the waters of Exmouth Gulf. It would be vital for the productivity of the gulf in a biological sense and also, in a sense, important to commercial and recreational fishers. That kind of

7436 [ASSEMBLY - Tuesday, 12 October 2010] information has to be properly considered. When we have a company which has many millions of dollars at stake and which is churning out consultants’ reports that are valued at least in the hundreds of thousands of dollars, it is very important that the community be adequately resourced to provide comment on those reports, and to provide that comment in a knowledgeable way. People should meet around the table and discuss the reports with the proponent. At the moment, community people who are paid nothing are sitting around the table, and sitting opposite are people from various corporations who are paid many hundreds of thousands of dollars and who are also on all kinds of bonus arrangements for getting projects through. That alone is an inequity. However, the real inequity is not just the payment to people who are sitting around a table; it is in the knowledge imbalance that can arise. The capacity for third parties to undertake important research and thoroughly critique the work provided by a proponent is absolutely vital to the ongoing integrity of our system. That is the sort of change we should be seeing in this amendment to the Environmental Protection Act. That is the sort of thing that would make for a better system. I know the priority of the government is about making the system one that can be used more quickly by proponents. By making sure there is community engagement that is properly funded, we would have a chance of having a more expedited process. People would lodge appeals only when they really felt they had to. I will come to that issue later. I know there is always a suspicion that appeals are sometimes lodged without good grounds. I do not think there is any evidence to support that case. I was saying how important it is that we have an equalling of the resources that go to those who are involved in a project as proponents and those who are involved in a project providing third party critiques. We need government to be in a position to do its job well; it needs to be adequately resourced. We have certainly seen over recent years how that has not been the case because, unfortunately, there has been such a turnover of staff and difficulties in recruiting staff in fairly specialist areas that relate to environmental impact assessment that government has not had the capacity to churn these projects through the system in a rapid manner. In fact, that makes it all the more important that we have a system in place that can access that wealth of knowledge that resides not in the corporations, as they have so much staff turnover that they cannot hold on to knowledge any more, and not in government, because the pay levels are not adequate and the turnover of staff is so dramatic that knowledge is not held onto about particular regions of the state and particular projects that have had previous lives; the place where the wealth of knowledge really resides is in the community sector. That is why it is so important that we develop a system that enables us to access that knowledge, bring it forward and, when necessary, give the community the means to commission new studies to be done. I now revert to the Exmouth Gulf example. At that time I was at the Conservation Council of Western Australia, working alongside people like Frank Prokop from Recfishwest and Steve Hood from MG Kailis Group. We were lucky that the Kailis Group was able to provide us with access to trawlers, which then enabled us to do some benthic habitat sampling of the Exmouth Gulf to establish through some isotope sampling that this recharging of the Exmouth Gulf was going on. There was the runoff, occasional as it was, from the Exmouth Gulf area where the proposed salt ponds were to go, and that area was vital to the nutritional status and the energy levels in the waters of the Exmouth Gulf. We were able to prove that the nutrients went into the gulf from the land adjacent to the gulf and provided vital nutrients for many of the life forms in the gulf. That is very technical work to do. It required sending samples to the United States, and it required a trawler to get those samples. It also required the time and the effort of the people we had out on the gulf to collect that sort of material at the right time— technical information such as that. Fortunately, in that case we were able to summon the resources to pull that information together, but that is seldom the case. For the vast majority of proposals that go through our environmental impact assessment process there is no resourcing at all for any third party comment and no resourcing at all for people to provide information to conduct research projects. That is a real tragedy. That is where we are missing out and that is the sort of thing that we need to be strengthening into the future. In essence, I am saying that we have already seen that many projects have been strengthened by increased community input, but the quality of that community input could be further improved, and we need to continue that. Of course, any notion of the weakening of community engagement would be an absolute tragedy, and yet we are seeing that happen. With the removal of these appeal rights by way of the Approvals and Related Reforms (No. 1) (Environment) Bill 2009, we are seeing a weakening of the amount of community engagement. Some of the other strengths of the part IV process of the Environmental Protection Act need to be retained and properly understood before we contemplate the elimination of certain appeal rights; things such as stop-the-clock mechanisms. It is only reasonable that if a proponent is taking an excessive amount of time—or any amount of time—to provide supplementary information to convince government that its project should be allowed to proceed, and if it takes time to do that, then that should not be counted as assessment time. But this is where we often hear cries from companies, such as companies that are members of the Association of Mining and Exploration Companies, and others, saying, “It’s outrageous that it’s taken us so long to get our project through the system; it’s just unfair. We’re missing all sorts of windows of opportunity; the boom will be gone and we won’t have gotten our project up.” We hear all those sorts of absurd comments, when, in fact, those very companies are failing to get the information together that has been perhaps requested by third parties but then the

[ASSEMBLY - Tuesday, 12 October 2010] 7437

Environmental Protection Authority has seen fit to ask the proponent to provide it. That sort of information has to be presented as a part of an assessment, and it should not be counted as part of the assessment time. I will turn to a very important report that members considering this legislation would do well to review— namely, the forty-eighth report from the Standing Committee on Uniform Legislation and Statutes Review on the Approvals and Related Reforms (No. 1) (Environment) Bill 2009. The inquiry was chaired by Hon Adele Farina, and Hon Nigel Hallett was Deputy Chairman; and Hon Liz Behjat and Hon Helen Bullock are also members of that committee. That committee made some very useful findings that are directly relevant to the government’s proposal to eliminate these appeal opportunities. Finding 19 refers to the issue of evidence that we have had a system that has been somehow hamstrung by the excessive use of appeal rights, and, thereby, the overuse of appeals. The committee’s report states — The Committee finds that, on the evidence made available to it, at least 50% of the time taken to resolve appeals — So this is not about the actual number of appeals—I will turn to that later—but rather the time taken to resolve appeals — under Part IV of the EP Act is due to proponent delay. That finding was based on the evidence, and if members read the report they will see that there was difficulty in gathering the evidence together; it was not information that the department had readily available. But on the available evidence, at least 50 per cent of the time taken to resolve appeals is because proponents are taking an undue amount of time, and proponent delay. That is another matter that we have to consider in all of this. While proponents may complain about appeals and the delays, invariably they happen because of the tardiness of the proponent and the inability of the proponent to get the right technical expertise to do the work. A project, and the assessment of it, can be delayed because of a whole range of issues. The system as it stands allows for appeals to be made at a fairly early stage in the process. I think that by removing the three appeal points the government is going to actually force a situation whereby appeals will be made towards the end of the process. As I have begun to outline, these appeal opportunities occur earlier in the assessment stage. That especially applies to an appeal on the designation of a project as a derived project, and it is appropriate that I turn to this issue at this time. We really only have one strategic assessment underway in the state that will enable a derived project to come from it—namely, the James Price Point LNG facility. There will be, of course, a very thorough strategic assessment of James Price Point. In referring to the concerns that many people have about the site selection process used for James Price Point, I would say in passing that I think the process that was being run by the Carpenter government up until September 2008 was excellent. It really enabled all stakeholders to be involved in that site selection process. Unfortunately, on coming to government, the Barnett government saw fit to suddenly decide on a particular site, and I think we are seeing the sorts of tensions and the results and consequences of that lack of stakeholder engagement because of this sudden cut decision that the Premier made about James Price Point. The strategic assessment of that project is underway and from it, no doubt, projects will come forward that will be claiming derived-project status. With an LNG precinct there are all kinds of projects that could come up, and we can look at the example of the Burrup Peninsula and the projects that arose there after the construction of the Woodside-managed facility at the Burrup, projects such as methanol plants, other gas-to-liquids plants, fertiliser plants, and synthetic fuels plants—all kinds of plants. We have the technology to use that gas and process it and ship it from the Burrup. Interestingly, to my knowledge, really only the Burrup Fertilisers plant has got off the ground at the Burrup Peninsula. The state has invested many hundreds of thousands of dollars assessing projects such as the methanol project put forward by a Canadian company called Methanex, but suddenly the company decided that it was not feasible to go ahead on the Burrup and went elsewhere or abandoned the idea—it is not clear which. But, nevertheless, the state was involved in a very lengthy assessment process for that project. There have been many cases where that sort of thing has happened. Unfortunately, proponents do not necessarily let on how viable their project is; they just say that, at all costs, their project must be given an environmental green light through the environmental impact assessment system. A situation could arise with a strategic assessment, though, of proponents claiming that their project is perfectly within the confines of whatever was considered through the strategic assessment process; there are all sorts of problems there. I think it is unreasonable for us to imagine, at that strategic assessment stage, that we can anticipate all the types of projects that there could be as a result of a strategic assessment. Because of changing technology, we cannot anticipate the sorts of things that will arise. In some cases, obviously, the Environmental Protection Authority, in its wisdom, will clearly say, “Sorry; the project does not meet the outline of what a derived project within the confines of this strategic assessment should look like.” That will happen probably more often than not, but I am sure there will be cases where there will be a degree of contestation and people will dispute whether a project is exactly as outlined.

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I do not think that when the Burrup Fertilisers Pty Ltd project was assessed, we anticipated the technology that was being used there. Had that somehow been part of a strategic assessment we would have found that we had overlooked some of the technical aspects related to the project’s cooling towers. We know there have been various pollution events there and different leakages have been quite well documented that the company has had to respond to quickly. Some of the issues came about, I think, because it was using old wooden structures. That sounds amazing when we think of something as technically sophisticated as a fertiliser plant, but these unusual situations do arise. It is very hard to anticipate the exact implications that can come from projects. I think it is a serious mistake to think that we can remove appeal rights on derived proposals. Although the Barnett government has totally abandoned it, some of the strategic assessment work that was conducted in the Mid West area provided a very good framework for development of iron ore mines in the Mid West. It tackled the very complex and difficult issue of how we protect areas in which there are both high levels of biodiversity and high levels of iron ore prospectivity. It was an excellent strategic review that the Barnett government seems to have abandoned. But, in saying that, as good as a strategic review can be, we still need that capacity to look at individual projects because projects can involve details that may not have been anticipated, such as impacts on the water table. It is interesting that the minister who is representing the Minister for Environment in this chamber is also the Minister for Water. With each of these appeal points that are proposed to be removed, I see grave issues when it comes to the protection of water resources and water fall for environmental benefits. I turn to the third type of appeal removal; namely, appeals that are on projects that the EPA has deemed to be manageable under part V of the act in relation to clearance regulations. We can well imagine a situation in which a landholder wants to clear 40 hectares. Although it is getting harder to imagine perhaps from a biodiversity perspective, it is possible to argue that that 40 hectares of a particular vegetation type is well represented in the conservation estate, that it does not provide a vital linkage to some form of ecological corridor and that it is not vital habitat. Perhaps there are still some vegetation types that are so abundant that the clearing of, say, 40 hectares would not be a significant issue from a land clearing perspective in terms of biodiversity loss. Perhaps it is possible that the destruction of 40 hectares of native vegetation will not be damaging through soil degradation, might not immediately lead to any erosion on an adjacent property or might not lead to any other form of soil quality loss. But the fact is that land clearing inevitably has implications for the water table; inevitably, that rise occurs. Some of those things can be considered through the land clearing provisions. They cover things such as the potential for a salinity problem to be exacerbated, but they do not look at whether the project for which the land to be cleared is viable in terms of the amount of water to be available to the landholder for use in perhaps a horticultural project. We need a system that is able to encompass in a very large way all the environmental factors that go beyond those looked at through the clearing process to check whether that water availability is within that catchment, and that there will not be the creation of acid sulfate soils and an inevitable run-off into a neighbouring catchment. We need that broader process. Many projects have implications for water resources that go well beyond the capacity of the clearing provisions. There are also the vagaries around what a future land use may be. Someone might enter the clearing process to whom the EPA says, “You don’t need to go through the environmental impact assessment system; you can just go through the clearing process.” But then there might be a change in the land use intention: the landholder might wish to do something else that could have an impact on the environment in another way. He might want to build some form of light industry, and that could have an impact. The construction of huge hay sheds, for example, would be consistent with rural uses in some areas so it would be possible to undertake that kind of construction. The land clearing involved would be part of the consideration through the clearing process but it would not be considered to the extent it would be under the environmental impact assessment system. They are a couple of examples. Another example that comes to mind is turf farms. Unfortunately, even with our drying climate, people still want to buy lawn from a turf farm. Turf farms are looking to expand; they want to clear land. A turf farm might put in an application or perhaps be referred to the EPA by the local government authority wanting to do the right thing, and the EPA could say, “Oh, well; this turf farm proposal can be dealt with under the part V clearing provisions.” I think we need a proper environmental impact assessment process that looks more broadly than at just that footprint approach, that looks at the consequences of the production of more turf and more water demand in Perth. Some will say that some of the turf being grown at the moment is increasingly waterwise, although that is putting it too strongly; the turf is perhaps becoming more water efficient than was the case in years gone by, but I do not know that we can say that turf is ever going to be water wise. Nonetheless, I accept that turf farms are necessary in some circumstances and further turf farms may be needed. However, I do not think it will be good enough for a turf farm to be assessed under the clearing provisions. We should therefore retain this appeal provision so that people can make that call and appeal under the clearing provisions against an eventual decision by the EPA to approve a turf farm. We need that appeal point in the system—that flexibility that comes through with that appeal provision. Otherwise, I think we will see a weighting of the system towards appeals that are made later in the process.

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Another example of that perhaps comes with the removal of the appeal point relating to town planning schemes. Town planning schemes are obviously amazingly complex. The land use decisions that are relevant to town planning schemes have big implications on the day-to-day lives of people. These are the times when, suddenly, land is rezoned from rural to urban deferred, and in many cases people have to endure the disappointment of feeling they have gone from being in a rural area to one that is becoming quickly urbanised. If we remove this appeal against the scope and content of a town planning scheme, I think we will remove the opportunity again to access the wealth of knowledge that is out there. We will remove the opportunity to access the expertise that is in the community; that is, that on-the-ground knowledge that can tell assessors what is there and how people value it. But, no; the government has seen fit to remove that appeal right, and that is a great disappointment. There are many other aspects to this legislation, because it is not an area that has been ignored by government in that several reviews have been conducted into the environmental impact assessment process and the appeals processes. There was the ESAG, which provided information to the minister. ESAG stands for the environmental advisory group—I am struggling to recall what the “S” stood for—which had many people from industry and from environmental organisations on it. Dr G.G. Jacobs: Stakeholder. Mr C.J. TALLENTIRE: I thank the minister. The Environmental Stakeholder Advisory Group was put together by the minister and it reported to the minister, I think, in December 2009. It had a very tight timeline. The essence of ESAG’s recommendations was that the appeal provisions were quite acceptable. No recommendation came from ESAG that the appeal provisions that the government wants to remove be removed. There was nothing of the kind. That was an excellent group comprising people who were very close to the environmental impact assessment process, one might say from both sides of the fence; namely, those who were keen to get projects through and those who were keen to be able to comment on projects. ESAG provided comment, and its recommendation was that the appeal points be retained. The Environmental Protection Authority conducted a review that was published in 2009, and again a host of excellent stakeholder groups participated in that and provided some good information. There is no recommendation from the EPA in its review of the environmental impact assessment process of March 2009 that the appeals process be in any way changed. It contained some interesting recommendations, though: that perhaps a more risk-based approach to environmental assessment could be looked at; that outcome-focused environmental assessments should be a part of things; that timelines for key steps in the EIA process be a part of things; that revised environmental policy framework and review priority policies be clearly presented; and that the number of levels of assessment, which presently number five, should be reduced to two. That is something that could, of course, be done through administrative procedures. We do not need a piece of legislation. We do not need to be debating legislation through this Parliament to change administrative procedures on the levels of assessment. Unfortunately, the government has seen fit to take up the time of this Parliament with legislation that I think will achieve very little in the sense of improving or speeding up the assessment process, and it is, in fact, possible that it will slow the process down and will weaken the process by removing those valuable opportunities for people to make comment. I just mentioned those levels of assessment and the new administrative procedures. I noted that previously there were levels such as the assessment on referral information, the environmental protection statement level, the public and environmental review level, the environmental review and management program level; and, ultimately, the public inquiry level of assessment. When the Environmental Protection Authority gets it wrong on a level of assessment, there is that opportunity for people to appeal for the assessment to be done at a higher level. That approach has enriched our environmental impact assessment system. It is the approach that we should retain and continue with. Unfortunately, this government wants to remove those three levels of assessment I have mentioned that are so critical to the early stages of a project as well. What we could end up with here is more appeals coming in later on in the process, such that interesting and vital information will be presented at a final stage when a company may have made all sorts of commitments and had its policies, positions and financing in place for a particular style of project, only to find, because of an appeal system that reveals information later on in the process, that it has to make some dramatic changes later on. I do not think this will help proponents at all, and it is certainly not consistent with all the good work that has been done on environmental impact assessment in Western Australia over the years. It is the elimination of good community input opportunities. An appeal is an opportunity for the community to be engaged in the process and to enrich and improve a project; it is not about obstruction. That is where the government may have got this wrong. The government believes that the word “appeal” in this context is all about people trying to slow things down. That is not the case. The appeal process has been a mechanism by which we could get some great community content and ideas put into a particular project. As I have said before, in this state, where we have such continual turnover, and we struggle to have good expertise in areas relating to all sorts of things from hydrology, to biodiversity assessment, to air quality analysis and any of the environmental factors that have to be considered as a part of a formal assessment, when we lose the opportunity for community expertise, we really lose one of the great strengths of our environmental impact assessment system.

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Before I conclude my remarks, I ask the minister to consider the argument put forward by the opposition. As I have said, the opposition is opposing this bill. It would be a positive reflection on the government if it were to hear the strength of our arguments on this that there is no benefit in eliminating these appeal points at all and that we should be strengthening our system. Heaven knows, we do not see overall a global bettering of our environment; in fact, in many cases, all sorts of things are still going wrong. The system we have got has been helping us achieve a certain standard, but, of course, we want better. This removal of a set of appeal rights will only weaken the system further and cause greater environmental loss. MR M. McGOWAN (Rockingham) [5.07 pm]: In commencing my remarks on this legislation, I first of all welcome to the chamber the new member for Armadale, who has replaced Hon Alannah MacTiernan and who did very well in the by-election a few weeks ago. I look forward to the member’s first speech, which will take place in 20 minutes or so, and which I am sure will be an interesting address. In welcoming the member, I looked at his credentials. He somewhat reminds me of Dr Geoff Gallop, and he looks somewhat like him as well. I drew attention the other week to the similarities between the member for Warnbro and the member for Victoria Park and the fact that Hon Max Trenorden can barely tell them apart. Now that there are three members on this side who look very similar, Hon Max Trenorden will be all at sea! He will not know where he is when these three are in the chamber together, as the similarity between them is so great. I wish the member for Armadale all the best in his parliamentary career. The Approvals and Related Reforms (No. 1) (Environment) Bill 2009 in some ways does not deal with some of the more important issues of environmental approval and assessment. I come to this position having been Minister for the Environment and having made some of the major environmental decisions that are currently having an impact in Western Australia and are supporting the state’s economy. The Gorgon project is one project. I am also now the shadow Minister for State Development and I meet with the relevant companies, the proponents, the representative bodies and so forth, so I hear all the arguments surrounding these issues. One of the most significant issues with approvals at the moment is the capacity and staffing of the responsible agencies. The Environmental Protection Authority support unit has now been renamed something else and the title of the person in charge of it has been changed. I understand that the person in charge is Mr Kim Taylor, who was formerly with the Department of Water. I have been advised that he has been appointed to that position. Kim Taylor was a deputy director at the Department of Environment and Conservation when I was the minister. I have the utmost respect for Kim. He is a terrific human being and a great public servant. I think he will do a good job. I think he replaced Michelle Andrews, whom I also knew when I was Minister for the Environment. She is a wonderful public servant as well. They are two very strong public servants. I hope Michelle still remains involved in the agency. I think she would be a big contributor. With the economy gearing up again, support for the approvals agency is crucial. Making sure that there are enough people to perform the roles and jobs required is crucial. The Office of the Appeals Convenor has a very small staff. The Office of the Appeals Convenor, which deals with appeals from concerned members of the public, is an incredibly important office and needs to be appropriately resourced. As I understand it, the Office of the Environmental Protection Authority has roughly 60 or 80 staff. Basically, it has the same number of staff as a high school, and those staff are responsible for the environmental approvals of a state the size of Western Australia. I suggest that the best way of dealing with backlogs or a desire for greater speediness in approvals is to improve the level of and support for the people in the agency—not just create a new title for the agency, but actually give it some grunt. That is the best way of making sure that this particular problem is fixed. It has very good leadership. It needs more people to do other roles, particularly as the environment and the economy change and there is more demand for the services of the agency. The government has been very good at renaming and recreating government departments. It has been exceptional at that. It has created five or six departments in its time in office and it has given some new titles. It has created commissioners. All those things do not necessarily improve service delivery. Often there are more people in senior positions. There are more chief executive officers, directors general, deputy directors general and the like, with all their associated support staff, but does this improve service delivery? In dividing up the Department of State Development and the Department of Planning and Infrastructure and in creating the new Office of the Environmental Protection Authority, has the government improved service delivery, because one does not necessarily follow the other? All I am saying is that if the government wants to improve the performance of the approvals system—I do not share the cacophony or clamour of complaints about the approvals system; I think the people working in the approvals system do an extraordinary job in difficult circumstances—it should provide the system with the resources to do it. That is the first point I want to make. The second point I want to make is that there are issues related to approvals in Western Australia that this bill does not deal with. One of the biggest issues in Western Australia is the proposal at James Price Point, 40 kilometres north of Broome. It is an extraordinarily big issue for this state. The Premier has decided unilaterally that that will be the point for a gas precinct, and that is now causing huge ructions in the Kimberley and

[ASSEMBLY - Tuesday, 12 October 2010] 7441 nationally, and it did not need to be thus. I have heard recent commentary from a range of people about the compulsory acquisition process undertaken by the government. All I say to people is that the government did not need to take the course of action of compulsorily acquiring that land from Aboriginal claimants in that part of the world. Anyone who has been to the area—very few people probably have—will know that the people in that part of the world have a very strong connection to that land and a very deep interest in the future of that part of the world, and we should not be riding roughshod over their interests, desires and wants. Those people were as cooperative as they could be, but the actions of the Premier on his own are threatening investment in this state, threatening the state’s reputation, and threatening the people in the Kimberley and all they have stood for for thousands of years. All I say to the government is that it can pull back, because there are other models to deal with these matters. Last week I went to Onslow and met with representatives from Chevron Corporation. I went to Barrow Island and I looked at the progress of the Barrow Island development. I went to Onslow and the Ashburton north industrial estate. That is a model for how to work with local people. That is a model for how to achieve a good outcome. What has taken place at the Ashburton north industrial estate at Onslow has largely gone under the radar. It simply is quite an impressive effort by the proponents, principally Chevron, as well as the other companies involved in setting up the operations in that part of the world, including Shell Australia Ltd and BHP Billiton Ltd. Chevron has been the driving force and it has negotiated with the local people and reached outcomes that have achieved what should and could have been achieved but was not achieved in areas further north in the state. I say to the government that there is a model for how to go about these things, and it is not the model that it has adopted in the Kimberley. The approvals mechanism by which the government has dealt with the issues at James Price Point has brought some shame and disgrace upon this state. I say to both the state and the responsible commonwealth minister, who appears to be in cahoots with the Premier on this matter, that they can pull back from the way in which they have gone about this proposal, stop spreading mistruths about the way the former government dealt with this matter and come up with a better way forward. The Premier has in his office two former Woodside executives who own Woodside shares and who the Premier says are his principal advisers in these matters, yet the Premier pushed for the compulsory acquisition of land from Aboriginal people. When the Premier has people like that in his office pushing him forward on these matters, that says to me that there is something rotten in the way that this matter has progressed thus far. That is not the way to run an approvals system. That is not the way to deal with the people in that part of the world. That is not the way that the companies would want the Premier to behave, when he obviously compromises himself, his office and the state by acting in that manner. That is one of the biggest issues in this state, and it will go on for some considerable period. It will motivate all sorts of people from all walks of life from all over this country and potentially all over the world to act against what he is attempting to do in the Kimberley. [Quorum formed.] Mr M. McGOWAN: I was speaking about the approvals system and about some of the disgraceful conduct that has gone on in relation to the James Price Point proposal. I was speaking about how Western Australia’s international and national reputation has been compromised by the fact that the Premier has pursued this matter in the way that he has with the people in his office responsible for that proposal. He has admitted in questions on notice that they are ex-Woodside employees who own shares in Woodside. If that is not a conflict of interest, I do not know what is. How can the Premier portray that his government has an approvals system that is robust, fair and free of any sort of improper conduct when he has that sort of conduct going on in his own office on a project that he conceived? As I was saying to the house, there are other models for the way in which the Premier could have gone about this matter. One of those models, which I and a range of other members visited last week, is the Onslow–Ashburton north proposal. The massive Wheatstone project there has gone under the radar. I think members of the government were surprised that it even existed when they arrived in office. It is there in Onslow and it will provide thousands of extra jobs for Western Australians. However, there is a problem with that proposal: both the Onslow and Karratha communities are running out of water. There is that level of activity going on in those communities, and those communities are desperate for water. Therefore, while this government pursues this James Price Point proposal in the way it is pursuing it, it is not at the same time resolving issues of great importance. I am talking about the issues of water for the Onslow community and for the Karratha community. In the case of Onslow, of course, the Wheatstone proposal, the Macedon proposal, the Shell Scarborough proposal and the entire precinct that will be created there is an enormous industrial development that requires a great deal of emphasis. I do not see any evidence of the government providing that. I do not see any evidence of the government resolving the water issues in those communities. Those communities cannot provide additional housing, even though they are ready to get on with the construction of housing, because this government is unable to provide them with water. These are issues that are completely off the Premier’s radar, while he is

7442 [ASSEMBLY - Tuesday, 12 October 2010] pursuing these other issues that are damaging Western Australia’s reputation in the Kimberley. This Premier has damaged Western Australia’s reputation in the Kimberley with some of the issues there. Mr V.A. Catania interjected. Mr M. McGOWAN: I am sorry, member for Victoria Park; I do not need to hear from you at the moment! Mr B.S. Wyatt: Hey! Mr M. McGOWAN: I am sorry! Several members interjected. Mr M. McGOWAN: I was talking about where the member for North West lives. I am sorry. It is obviously news to Liberal Party backbench members; they do not recognise a joke when it is cracked! However, they are the very significant issues out there — Several members interjected. The SPEAKER: Member for Rockingham, take your seat for the moment. I am struggling to hear the member for Rockingham. Sometimes it is my inclination to hear the member for Rockingham. I would like to be able to hear him, though, members. Mr M. McGOWAN: They are some of the very significant issues in relation to the approvals process. But there are others. As we know, the government implemented what it called the 65-day rule. It is always making these sorts of rules. Obviously, it puts in place a rule and therefore the world will work. It has a four-hour rule for emergency departments. It puts in place a rule and therefore it will all happen surrounding the rule that it puts in. The government says it will happen. According to the government, it can legislate for anything. It therefore legislates for a rule and naturally everything will happen! As we know, it does not. Dr K.D. Hames interjected. Mr M. McGOWAN: People might not be in emergency departments, but they are in ambulances parked outside emergency departments. We know that. I asked some questions of the Minister for Mines and Petroleum about the 65-day rule for the turnaround of various mining applications for the mining industry: exploration licence applications, general purpose licence applications and retention of mining lease applications. It turns out that across all categories, hundreds have not been approved within the 65-day limit. When the opposition heard all the stuff about how the approvals system was broken under the former government and people could not get anything done, apart from the 170 new mines — Mr E.S. Ripper: And the doubling of the economy. Mr M. McGOWAN: And the doubling of the economy. Apart from the Worsley project, the Gorgon project and the Pluto project, we heard all that stuff about how people could not get anything done, and that it took the Liberal–National government to come in and do it. I have the figures on the number of applications not dealt with within the 65-day limit. For prospecting licences, 157 were not dealt with within the 65-day benchmark since the implementation of the rule a little over a year ago in April 2009. For exploration licence applications, 202 were not dealt with within the 65-day benchmark. For retention of mining lease applications, 50 per cent were not dealt with within the 65-day benchmark. Admittedly, that represents only one application, because there were only two of them! In any event, 50 per cent were not dealt with within the time frame. For miscellaneous licence applications, 10 were not dealt with within the time frame, and for mining lease applications, five were not dealt with within the time frame. Admittedly the majority of applications are dealt with within the time frame. However, the thing about a deadline or a rule is that I would have thought the rule would apply to everything; it is, therefore, a rule that applies. But apparently it is like the public sector cap; it is a moving cap. It is like the four-hour rule for patients waiting outside hospitals; it is a four-hour rule that is broken all the time, but it is a rule. Mr E.S. Ripper: It’s like the wages policy: it doesn’t apply to high-paid workers! Mr M. McGOWAN: It is like the wages policy; it applies to low-paid workers but not to people in the Premier’s office. It is like that rule. The government brings in rules such as the 65-day rule, under which hundreds of mining applications are not meeting the approvals deadline set by the government. When the government came forward with this legislation, it missed a range of important issues. One of them that I outlined to the government is the staff in the Environmental Protection Authority; the second is the Premier’s behaviour in the Kimberley LNG project and the creation of a perception of improper conduct in the staffing arrangements in the Premier’s office; and the

[ASSEMBLY - Tuesday, 12 October 2010] 7443 third is what the Premier is doing to Western Australia’s national and international reputation. And here we have all of the government’s rules in relation to the turnaround of licence applications, because, of course, this is a government that was going to get something done. It is going to get something done, except for those hundreds of applications by mining companies for exploration, for prospecting and for the retention of mining leases— except for the hundreds and hundreds of applications since the government brought in this rule in April last year that have breached that time limit. Hundreds and hundreds and hundreds have breached that time limit on this government’s watch. This government created all these government departments with a bunch of chief executive officers and that was going to fix everything. [Member’s time extended.] Mr M. McGOWAN: The government was going to solve all these problems with new public servants and new government departments. It did not put the public servants where they are required, in the EPA, but it created all these new CEOs, as we learnt recently—40 new members of the senior executive service across the public sector. The government created all these new government departments with directors general, CEOs and deputy directors general and all their support staff, but when we delve into the actual figures on the approvals process in Western Australia, we find that hundreds of mining lease applications, prospecting lease applications, and retention lease applications are breaching the government’s 65-day rule—more than 300! I suggest to the government that it says one thing and does another and this is an occasion of that. This legislation that the government is now going to put in place is a very minor part of what should be done to resolve some of the issues around the mining industry in Western Australia today. Debate adjourned until a later stage of the sitting, on motion by Mr R.F. Johnson (Leader of the House). [Continued on page 7447.] PREMIER’S STATEMENT Consideration Resumed from 24 June on the following question — That the Premier’s Statement be noted. DR A.D. BUTI (Armadale) [5.31 pm]: Mr Speaker and my fellow members, I am proud and very humble today to rise in this place for the first time as the member for Armadale. I begin by acknowledging the Nyoongah people, the traditional owners of the land on which we meet. It is a great privilege to be elected by the good people of Armadale to be their representative and I bring their hopes and aspirations to this house. The electorate of Armadale is close to my heart. I have lived there for most of my life and it has been the setting for most of my life experiences. Whilst the responsibility and duty is daunting, I approach the representative task with all that I have because the people of my electorate are my people. I am one of them; their stories and experiences are my stories and experiences; their concerns and hopes are my concerns and hopes. Together, I hope we can achieve much. There is great precedent to this task and lawyers, of course, love precedent. My predecessor, Alannah MacTiernan, was a model of representative energy and political integrity. I thank her for all she has done for me, the Armadale electorate and Western Australia, and I know that she will contribute in new ways. I will do my best to build on her legacy. Alannah’s political career was the catalyst for our friendship. I first met Alannah in January 1993 at the law firm Dwyer Durack. She was then a partner of that firm and I was a lowly articled clerk fresh out of law school. It was not long before Alannah was elected to the Legislative Council. I casually remarked to a colleague that I was interested in helping out with the election campaign. Within half an hour, Alannah was in my office and within 72 hours I was doorknocking with her for the election of Kay Hallahan to replace the then retiring Bob Pearce as the member for Armadale. If I say so myself, I was quite good at doorknocking. My doorknocking abilities had been honed in Seattle, Vancouver and Toronto in the mid-1980s where, as a young backpacker travelling the world, I worked for Greenpeace going door-to-door selling membership to that organisation. I commenced work with Greenpeace a day after the French secret service bombed the Rainbow Warrior in New Zealand. There has been no greater fighter in this house for my community than Alannah. As I campaigned in the by-election, I was constantly reminded by the voters and told time and again that I had big shoes to fill. Indeed, I do, but it is a challenge that I relish. As the German philosopher Friedrich Nietzsche argued, one’s objective beliefs are determined or influenced by one’s needs and Armadale’s needs are no different from the needs of all Western Australians. It is just that on occasions we are required to fight that little bit harder for our fair slice of the cake than some of the good folk in other areas of the metropolitan region. I will work as hard as I can to ensure that the 11 suburbs that fall partly or wholly within the boundaries of Armadale get their share of the state cake. In his inaugural speech in this house, my friend and former University of Western Australia colleague, Hon Christian Porter, made mention of the

7444 [ASSEMBLY - Tuesday, 12 October 2010] imaginary Mason–Dixon line bisecting the Narrows Bridge, but sometimes it seems more real than imaginary. For example, Armadale is a fast-growing regional centre but our police are housed in suboptimal accommodation, but in an answer to a question on notice from the member for Girrawheen, the Minister for Police stated today that a new police station for Armadale, which would serve as a district hub, remains on the unfunded project list for this government. However, I will do my best to ensure that in the corridors of power, all are fully aware of the needs and concerns of my electorate. I invite all those within the electorate of Armadale to join me in the quest because it is only by presenting a united front with a concerted and well-planned strategy that we can succeed in fighting for our people and for ourselves. I take this opportunity to acknowledge the support and efforts of all those who have helped me on the journey that brings me to this place today. It is always dangerous to single out individuals as one invariably omits some people who should be acknowledged. Therefore, I say thank you to all who have supported and guided me along the journey. But having made this collective thank you, I cannot resist the temptation to make mention of some individuals. I thank Gavin Crockett, Michael Heath, Bob Maumill, Gordon Hill, Reg Gillard and Jim Sharp for their long-term friendship and support. Likewise, I thank Stephen Price, Joe Bullock, Jim McGiveron and Graeme Geer who have supported me and who have been great stalwarts of the union movement and the rights of workers, which we in the labour movement hold as a high priority. I also add the name of Kevin Jolly, president of the United Firefighters Union, who has a great commitment to his members and to the safety of all Western Australians. He is passionate about protecting Western Australians from the threat of fires and bringing to the attention of the public potential bushfire hazards and the need to provide support for the great work done by not only his members but also the volunteer firefighters who serve the public so well. But because he dared to do so during my by-election campaign, he is now facing sanction from the Fire and Emergency Services Authority. This is so wrong; this is so un-Australian. To my campaign committee led so professionally by Simon Mead and assisted so well by Cassie Rowe, you were great. Thanks to Rod Clark, Sarah Thurgate, Liz Phillips, Jamie MacDonald, Melanie Archer, Ljiljanna Ravlich and Linda Savage for their help and assistance over the past few months. Likewise to Tina White and Judith Lewis, you are unbelievable with your support and friendship. I cannot forget the reliable help of Roma Jefferies. I could not have asked for more from you, but when I did, you gave me more. To my Charlie’s Angels, you have been so wonderful, as have been the members of the Armadale branch of the Australian Labor Party, members of the wider party, Eric Ripper and my new colleagues on this side of the house. I sincerely thank you all and thank all my wonderful friends and supporters, too many to mention individually, but many of whom are here this afternoon. As my colleagues of all political persuasions can confirm, our families have to endure so much for our decisions to run for political office. I am blessed to have the love and support of my lovely wife, Mandy, and our three gorgeous children, Alkira, Paris and Tennessee. See kids, now you have made it into Hansard! Whatever challenges we may face, we will always have each other and for that I am truly thankful. We are all creatures of our formative years where our families play a major role in our development and the formation of our ideas, philosophies and passions. To that extent I acknowledge the sibling support and influence on my life and say thanks to Jenny, Josie and Robert and their families. Of course, there are my parents, Mimma and Andrea. You have given me so much love and instilled in me the importance of hard work, good manners and respect for others. Thank you Mum, and I only wish Dad was here to see today. My father arrived in Perth from Italy in 1952 as a 21-year-old single man. Much has changed in our state and nation since then, and I am glad that is the case. No longer would one expect a young, good-looking man from Tuscany to be reprimanded by his boss for speaking to a young female co-passenger while travelling on a bus south of Perth. The newly arrived immigrant was told he was a dago and should know his place. No longer would one expect an Australian-born boy of Italian ancestry to run home from primary school crying because he was being teased and constantly referred to as a slippery, greasy ding. No, we would not expect that today. Somewhat ironically, many things Italian became cool and fashionable as we entered the 1980s. But what is the situation today in relation to immigrants and refugees that come to this country from non-European countries? I hope they are being treated with respect and friendship. In respecting the human dignity of our fellow human beings, I challenge all of us here to particularly consider people with disabilities, their families and carers. Much progress has been made in this area but much more needs to be done. Unfortunately today we still have a situation where a 12-year-old girl with a disability can be denied entry to a high school even before she has been assessed by the principal, purely on the basis that she has a disability. This is despite the fact that her primary school reports show that she is well behaved and does not disrupt the class. Thank God for this little girl there are schools in this world like Mercedes College and people like Sister Vedette who believe in providing respect and dignity for one and all. Not so many years ago I was sitting in a comfortable lounge in the foyer of a major office building on St Georges Terrace waiting for a friend. It was only days after a state election. A prominent politician standing nearby was discussing possible ministerial portfolios with his advisers. Maybe the Premier would give him education, health or mining and resources. He seemed to be happy with any of these areas of responsibility. Then

[ASSEMBLY - Tuesday, 12 October 2010] 7445 one of his advisers, with a grin, mentioned the possibility of taking on disability services. The politician seemed to think this was a joke, and joined with his advisers in having a good old laugh at the prospect. Would the Premier really give him, a senior and prominent politician, such a marginal and insignificant ministerial portfolio as disability services? Surely not! To the relief of the politician in question and his political advisers, he was not anointed with the disability services portfolio. There is no one reason why society marginalises people with disabilities, but we can put forward some contributing factors. At its most basic level the marginalisation reflects the silence society imposes on people with disabilities. This is especially the case for people with intellectual disabilities. To an extent differential treatment is a product of their physical and intellectual difference from society more broadly. The notion of difference is, however, a matter of construction. A history of intellectual disability is to a great degree a history of language, knowledge and power. It records the language used to describe, classify and thus constitute certain members of society as “disabled”. An examination of the historical treatment of people with disability also demonstrates an extensive degree of vulnerability. Martin Luther, a figure usually associated with free and critical thought, once wrote, after encountering a person who we might now consider to have an intellectual disability — If I were the prince, I should take that child … and drown him. Luther justified these views by equating the child with the devil’s presence. Today, most would reject Luther’s views as abhorrent, but not all. Peter Singer, an Australian philosopher and chair of Bioethics at Princeton University’s Center for Human Values, is renowned for his controversial stance regarding abortion and children with disabilities. Without oversimplifying Singer’s arguments, he has publicly advocated for the rights of parents to terminate the life of severely disabled infants after birth. Moreover he has also stated that should he parent an infant with Down syndrome, he would adopt the child out. Singer justified these views by rationalising the essential feature of humanity as being self-realisation. This feature, Singer contends, is absent from a newborn infant and more so from those with severe disabilities. Singer argues that killing a disabled infant is not morally equivalent to killing a person; very often it is not wrong at all. Singer’s views have led him to be labelled as the most dangerous man on the planet. His views have outraged large sections of the community, especially advocates for people with disabilities; however, outrage at Singer’s views have not been as extreme as one might expect. Indeed in Australia his lectures continue to be well received and attended. The question is: why? I urge all members across the political spectrum to seek answers to this question. I am not denying that functional impairments limit the opportunities for people with disabilities. However, such limitations are considered and responded to in a powerful social context that more often than not has accentuated the impairments of people with disabilities. As Foucault concludes in History of Madness, deviancy from the norm is not a function of the body and minds of people with disabilities but, rather, is written onto their minds and bodies by the society in which they live. I challenge my fellow members to better understand the issues and concerns of people with disabilities and their families and carers. Look to the capabilities of these people, not to their disabilities, because people with disabilities have much to offer us all if only we were to engage with them. I hope that one day the Premier of the day will also hold the position of Minister for Disability Services. Education is another issue I am passionate about. We need to substantially rethink the way we fund and run our schools and education system. Fundamentally we have to move away from the one-system-fits-all approach. We need to develop educational environments and programs that better take into account the different talents, challenges and backgrounds of our children. For some students it will be better to learn by the historical orthodox way, but for others it would be better to obtain the bulk of their academic learning via an emphasis on the arts or the sports or the trades. Just taking one example, the game of Australian Rules football, students can learn about Australian history, local history, geometry, biomechanics, physics, exercise physiology, anatomy, fitness, hard work, team work, goal setting, leadership, and so on. We need to better support our teachers and listen to their concerns as they are the classroom experts. We need to raise the societal standing of the teaching profession. This requires imaginative thinking and greater funding. But we should not baulk at the challenge because, as recognised by Robert Reich, labour secretary in the first Clinton administration, investment in education is a strong predictor of future national development and prosperity. I cannot overemphasise the need to better support teachers and their assistants. Mr Speaker, may I ask for an extension? [Member’s time extended.] Dr A.D. BUTI: Teachers are fundamental to the educational outcomes of students and their future lives and careers. I was very fortunate to be taught by Joe Kalajzich at Kelmscott Senior High School. He has been critical to my educational achievements, as has been Professor Bruce Elliott of the University of Western Australia. Teachers at all levels of education are so important; we should treasure them.

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When looking at the issue of education within my electorate, one cannot but be struck by the poor outcomes for many of our Indigenous students. Issues particular to Indigenous people are of immense relevance to my electorate—it has the second highest Indigenous population of all metropolitan electorates. When dealing with Indigenous issues one cannot shy away from the concept and goal of reconciliation. I come to the issue of reconciliation from a long period of work on Indigenous issues as a lawyer at the Aboriginal Legal Service, an AFL player agent, and in academia. I wish to acknowledge the contribution and assistance of Bill Johnson of the Louis Johnson Memorial Trust in allowing me to pursue a course of research that has provided me with a depth and breadth of knowledge that can only assist me as a parliamentarian. We must work towards reconciliation not only from a justice perspective, but also from the viewpoint of self-interest. As former Prime Minister Paul Keating once said, “Always back self-interest, as you know it is trying.” What I mean by self-interest in regards to working towards reconciliation between Indigenous Australians and non-Indigenous Australians is that we must all live together and we must all get along together. We all—Indigenous and non-Indigenous—have obligations and duties, individually and collectively, to reconcile our histories and futures. We all must want better social and economic outcomes for all Australians, whether they be Indigenous people or not, because as Ben Elton, the British comic and Fremantle resident, once said, “I don’t want to walk out of my nice home in the morning and trip over a homeless person sleeping on the footpath outside my house.” Of course, my fellow members, for all the things we want to do, we must ensure that we have a strong economy. In Western Australia, we have the advantages of being rich in resources and minerals, but the advantages also raise many challenges, much of them centred round a two-speed economy and too great a reliance on the resource and mining sector to provide us with the economic fruits into the distant future. One of the more obvious problems is the growing disparity in wealth between resource sector workers and the rest. I am not begrudging the mining sector workers their time in the sun, as many work in trying and potentially dangerous work environments. In fact, as a supporter of the union labour movement, I want workers to have better pay and conditions, but I am concerned with the increase in inequality in our society. It is not just a matter of fairness; as usual, self-interest is a factor in my concern. In the recently published book, The Spirit Level, it was noted that on almost every indicator of health and social problems—the wellbeing of children; mental illness; homicide; level of trust; and social mobility—the more equal societies of north west Europe perform much better than the less equal societies of Britain and the United States of America. We must guard against the situation that Marcia Langton described, whereby other traded parts of the economy shrink in real as well as in relative terms, becoming less competitive as the resource sector surges ahead. We must learn from our mistakes and experiences. In years gone by we lived off the sheep’s back, which had some unwanted consequences. We cannot put our feet up and ride on the Chinese dragon forever; even less can we forever rely on digging up non-renewable resources. I want to make it clear that I am a strong supporter of the resource and mining industry; it has allowed our state to achieve great things. But we need to guard against over-reliance on the resource and mining industry to forever be our economic saviour. During the current resource boom, we should bring into play more upstream processing opportunities. Let us become the clean and clever country. We must ensure that the agricultural sector is not cast aside for the mining and resource industry. This we must ensure for reasons of sustaining a stable domestic food supply, and out of respect for generations of farmers and pastoralists who have an attachment to the land not unlike our Indigenous people. We must grasp the nettle to ensure that all Western Australians benefit from the resource boom and to ensure that the state of Western Australia gains its just benefits. The current resource royalties scheme does not serve us well. A properly and equitably structured mineral rent resource tax will serve Western Australia better. Our resources belong to all of us, and, as such, we should all benefit more greatly from the resources boom. As long as—I mean as long as—the interests of Western Australians are properly catered for, I urge the federal government to proceed with the mineral rent resource tax that could bring benefits to more Western Australians and assist in diversifying the economy. After all, a vibrant economy is not an end in itself; it is a means to achieve social justice for all and to provide the resources in essential services such as education and health, which must include mental health, employment and social services. It means, above all, equal opportunity for all to share in the fruits of good economic management. A properly structured and devised mineral rent resource tax is a good tax for Western Australia, but one would not have thought so from the way it was sold before the last federal election. The federal government failed badly in the contest of ideas and the political discourse on this matter, and, as a result, federal Labor candidates from Western Australia were hung out to dry. The federal Parliament and our nation is the poorer for this. The last federal election should remind us all on both sides of the house and on the crossbenches that we need to be bold, positive and committed if we are going to engage the electorate. We should not run away from the challenges and difficulties. We will all be a better Parliament and government if we, as Sir Winston Churchill said, grasp the opportunities that come from difficult situations and challenges. Whether I succeed or fail in following this vision, I am going to give it my best shot. I thank members. [Applause.] Debate adjourned, on motion by Mr R.F. Johnson (Leader of the House).

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APPROVALS AND RELATED REFORMS (NO. 1) (ENVIRONMENT) BILL 2009 Second Reading Resumed from an earlier stage of the sitting. MR D.A. TEMPLEMAN (Mandurah) [5.57 pm]: Mr Speaker, I am sure the members present will be very keen to stay in the chamber to hear my contribution to the second reading debate on the Approvals and Related Reforms (No. 1) (Environment) Bill 2009. I can see they are rushing; this could be a very, very interesting five minutes! On behalf of members in this place, I congratulate the new member for Armadale on his inaugural speech and warmly welcome him to the Legislative Assembly; I am sure he will make many, many wonderful contributions to the debates in this place. It is also great to acknowledge the many friends, family members and supporters who are waving madly in the gallery and who have come along to support him. Mr C.J. Barnett: They’re rushing for the doors, too! Mr D.A. TEMPLEMAN: They are rushing for the doors! This was going to be one of my best speeches, and some might like to stay! I am aware, of course, that Mr Speaker will rise very soon and take the mace—well, he will not take the mace, someone else will—and he will, of course, vacate the premises. I am very happy, with this huge audience, to talk about this important bill, which I have read. Dr G.G. Jacobs: Unlike the others! Mr D.A. TEMPLEMAN: Ha-ha-ha—yes! I was very interested in the comments of the new member for Armadale when he highlighted, during the last half of his speech, some issues about where the state is currently placed with regard to its economic circumstances. I think it is very important to acknowledge that we only need to look at what has happened around the world in the past few months—indeed over the past year—to see some of the environmental catastrophes that have occurred. We saw the environmental catastrophe in the Gulf of Mexico earlier this year and the months it took to stem the cascade of oil that flowed in that part of the world, and in Hungary, only last week, we saw the breaching of a dam that was holding back some absolutely toxic waste, which, of course, made its way into the Danube River, which, of course, is the main drinking water source for a significant number of countries in Europe. We have also seen, off our own shores in the north, environmental fires, if members like, or oil leaks in the seas to our north and north west areas. What all this underpins is that it is all very well for governments to ensure and pursue — The SPEAKER: Member for Mandurah, I hate to do this as there are so many hanging on every word — Mr D.A. Templeman: I was only getting warmed up, too, Mr Speaker! The SPEAKER: — but we are just going to adjourn for an hour, at which point a Speaker will resume this chair. Sitting suspended from 6.00 to 7.00 pm Mr D.A. TEMPLEMAN: I am very keen to continue my remarks on this bill—after having just gnawed my way through a lamb shank! It was very, very fine Western Australian lamb, I might say! Dr G.G. Jacobs: Did it get stuck in your throat? Mr D.A. TEMPLEMAN: That is what the minister would be hoping! But I can tell the minister that I am a much more feisty sort of fellow. The minister would have had to give me the Heimlich manoeuvre if I had choked on the large bone that I was gnawing my way through. It was a very nice wine—not wine; I did not have wine—piece of lamb, may I say, as the Leader of the House strides in. I must say that I am pleased to be back in the chamber, because before I was rudely interrupted by the dinner break, and was sliced down, Mr Speaker, by you vacating the chair, hence leaving no-one in the house to listen to me continue my remarks, I had been building up to a very important point that I have been pondering in the past hour. Before the break I had mentioned the fact that we have seen only recently a number of very significant environmental disasters in other parts of the world, and also to the north off our Australian coast late last year with the oil spill in the Indian Ocean. These events highlight that in this race that we are having to ensure our economic viability, and in our endless pursuit of resources, it is absolutely critical that we put in place through our legislative framework the very best checks and balances to protect our unique Western Australian landscapes and our marine environments. Therefore, I am always concerned when we are confronted with bills that are designed to in many ways water down those very important checks and balances. This state is blessed with a huge amount of resources that may be subject to mining and exploitation. That is occurring every day. Every day, the Minister for Environment and the Minister for Mines, and a range of other relevant ministers, are faced with pressure from mining moguls, and by companies large and small, to open up

7448 [ASSEMBLY - Tuesday, 12 October 2010] more and more resources for exploitation. As has been said in this place on a number of occasions, this opposition is not opposed to sustainable and quality job creation. It certainly is not opposed to ensuring that there is a fairer distribution of the benefits of this resource exploitation. However, we are merely the custodians of our resources for future generations. The minister representing the Minister for Environment said in his second reading speech that this government is committed to ensuring the economic development of the state. He said also that the government wants to ensure that a rigorous environmental impact assessment process is in place. However, we must be very, very careful when we seek to do anything that may water down the checks and balances that we need to put in place to ensure the protection of our natural assets. For those reasons, as was articulated very clearly by the member for Gosnells, our lead speaker on this bill, the opposition is very sceptical about what is being proposed in this bill. This bill proposes to change the appeals processes and review mechanisms that are currently in place. Therefore, it is only right that the opposition is seeking to very carefully and transparently hold the government to account on these matters. During consideration in detail, we will be arguing very strongly about why we oppose—indeed, in many cases fervently—many of the clauses in this bill. As I have said, we are merely the custodians of our resources for future generations. We therefore need to put in place environmental constraints and regulatory frameworks that are rigid and transparent and that will withstand the test of time. Western Australia has some of the most unique landforms and some of the most unique marine and terrestrial species in the world. We also have some of the most endangered and threatened species in the world, both flora and fauna. Therefore, it is even more important that we, as the custodians of future generations, look at legislation such as this very closely and that we be very mindful of the legacy that we will be leaving for future generations of Western Australians. In my view—I think this is a view that is shared by all members on this side—we should be very concerned about any attempt to achieve economic goals at the expense of lasting environmental benefits. I am not sure whether the member for Gosnells will be proposing any amendments to this bill during consideration in detail, or whether he will simply be raising concerns about a number of clauses. However, I hope that a greater number of members will be present in this chamber for that debate. It always astounds me, when we debate important legislation such as this, that we are often bereft of the attendance of members in the chamber to listen to the debate and to take the time to understand what the bill means. If this bill becomes law, it will, if we like, water down a range of important measures that have been in place for some time. On the issue of the community having its say, the member for Gosnells mentioned that members of the community should maintain their right to not only make comment but also have their comments heard. I am sure everyone in this place has examples of perhaps very minor or even major developments in their electorate. One of the things we are seeing in communities throughout Western Australia is a crisis of confidence in processes. There is a crisis of confidence in a lot of councils at the moment. For example, people we speak to think that, regardless of whether they put in their submission or take the time to lobby their local councillors or local representatives, at the end of the day, the local government will have its way and the proposal will go through; the council will approve it. It is sad that there is that level of mistrust by a lot of people. I want to pay tribute to those many conservation groups that we all have in our electorates throughout Western Australia. In my case it is the Peel Preservation Group. In other communities it will be the small group that is concerned about protecting public or regional open space, about parks or about urban sprawl in regional parks or open spaces. We really must remind ourselves of the work those people do. Quite often they are reasonably small in number and many of them are very good at organising things. Some of these people have been fighting for the environment for decades. For decades they have put countless hours into providing submissions, whether it be to the Environmental Protection Authority, the Minister for Environment, the Premier, their elected members or their councils. They quite often operate on a next-to-nothing budget. They utilise every single resource they can possibly get. But, gee, they are absolutely critical parts of our democracy, particularly in areas such as mine where we have seen a massive increase in urban development. It is the PPGs of the world— reflected in other groups throughout the state in all our electorates—that are quite often the only voice that calls upon ministers of the day, governments of the day, local councils of the day or the EPA of the day to remind them about the importance of biodiversity, of maintaining unique landscapes, of protecting our water catchments and our coastal and marine assets and of protecting the areas of our state that are unique to Western Australia. When I see bills such as this come before us I ground myself. I think it is important to be grounded about our electorate experiences. I take my hat off to the current and past members of many environmental groups throughout Western Australia. I hope they keep doing the wonderful job they do. We need groups such as Environs Kimberley to fight to protect the Kimberley and, of course, to fight the current proposal for a gas hub. Whether we agree or not with them it is absolutely essential that these groups exist in our communities. I have been an environment minister and had blues with the now member for Gosnells when he was the chief executive officer of the Conservation Council. I may need a slight extension of time, Mr Speaker. Mr R.F. Johnson: You told me 15 minutes. Mr D.A. TEMPLEMAN: Yes, but I am on a roll.

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[Member’s time extended.] Mr D.A. TEMPLEMAN: I will finish with these comments. The member for Gosnells and I used to have some very interesting debates. But I keep thinking how important it is that we have a strong non-government sector working for environmental protection, along with a range of non-government agencies that exist in our community, including the WACOSSes of the world. This government’s approach has been quite often to defund some of the projects some of these groups are involved in because by defunding them it reduces the resources the groups have to fight important campaigns. I think it is important that any government, no matter what flavour it is, should encourage a strong conservation and environmental sector. The Department of Environment and Conservation funded such groups through its grants system. Because so many projects in this state have a future potential economic benefit and are proposed in some of our most fragile and unique marine and terrestrial landscapes, it is absolutely critical that we have a well-resourced conservation sector that will put up the arguments about protecting whales in Camden Sound and argue for environmental constraints to ensure the checks and balances we need. I have always feared a similar situation to that which occurred in the Gulf of Mexico this year. People say, “Oh, but it won’t happen here.” I bet the people involved said about the Gulf of Mexico, “Oh, it won’t happen here; we’ve got all these things in place.” Can members imagine what would happen if a major leak such as the one in the gulf occurred in a place such as — Ms J.M. Freeman: We did have. Mr D.A. TEMPLEMAN: That is right; we did have. But imagine if it were of the scale of what happened in the Gulf of Mexico. Mr R.F. Johnson: It has nothing to do with this bill. Mr D.A. TEMPLEMAN: The Leader of the House should not try to close me down. This is very critical to this debate. Mr R.F. Johnson: I’m sure it is but it has nothing to do with this bill. Mr D.A. TEMPLEMAN: The Leader of the House may live in Hillarys where—everything in Hillarys is destroyed—it is all houses now. I am very concerned about the environment where I am. Imagine if an oil spill of that nature occurred off the Kimberley coast. It is feasible. If we continue to allow oil and gas exploration, particularly oil, it is possible something similar to what happened in the gulf could occur. Dr G.G. Jacobs: It has nothing to do with this bill. Mr D.A. TEMPLEMAN: Is the minister saying it would not happen? Mr R.F. Johnson interjected. Mr D.A. TEMPLEMAN: I am saying that bills like this that seek to water down the important checks and balances in this place could allow things like that to happen. I do not think anyone on the government side should be bold enough to say it will not happen. Can members opposite imagine if such a spill occurred on the Kimberley coast? The Kimberley coastline is amazing. A lot of it is—inhospitable is not the right word— difficult to get into. Mr I.C. Blayney: Inaccessible. Mr D.A. TEMPLEMAN: Yes, inaccessible. Thank you, member for Geraldton. I knew he was here for one reason—to advise me, and I take his advice with great approval. He is my living dictionary! Dr G.G. Jacobs: Get on with it. Mr D.A. TEMPLEMAN: The Minister for Water is not. Several members interjected. Mr D.A. TEMPLEMAN: Can members imagine all this oil coming into places that are, as the member for Geraldton quite rightly said, inaccessible? I will conclude my remarks by simply saying that for very good reasons the opposition will oppose this bill. Very good arguments will be made during the consideration stage of the bill. I hope members opposite will be present in the chamber to listen to the debate and not simply follow the government line as they have been steamrolled to do on this occasion, and on many occasions in the past. MS J.M. FREEMAN (Nollamara) [7.19 pm]: I will speak briefly on the Approvals and Related Reforms (No 1) (Environment) Bill 2009. The contributions by the previous two speakers were very concise, but I want to provide some personal insight into my concerns about this bill, which will remove three extremely important appeal rights. I understand from the speeches of both the member for Gosnells and Hon Sally Talbot that the Environmental Stakeholder Advisory Group, which was established in June 2009 to look at how to ensure that

7450 [ASSEMBLY - Tuesday, 12 October 2010] these things happen in a much more timely manner and are more conducive to development by stripping away red tape, never made a recommendation that these three appeal rights be removed. That is a very important point. The government is telling us that these changes will provide transparency and certainty and will streamline the appeals process. Quality, timelessness and certainty were the words the minister used. That language can be used, but that is not what the bill delivers, so that has to be questioned. I stand here to do that tonight. I will relate a situation that is occurring for many people in Mirrabooka. In the 1970s, Homeswest developed land near what was the Atlas tip site. Documents show that because the tip site was not sealed, the groundwater had been contaminated. The groundwater is very deep in this area, so it is only a problem for those who access the groundwater. However, Homeswest never told the residents that there was any question of groundwater contamination. It never made people aware that they should not put in bores in this area because of the potential groundwater contamination. This matter came under the health department and then the environment department. People think that those departments look after our interests and will assess such things. People believe that those departments will help to ensure their safety and health and that they will protect the environment around them. However, neither department placed any limits on the development of that land. The land was developed by the housing department because housing was needed. Twenty-odd years later, someone put in a bore and then his whole garden started to die. He checked what was going on and found that his water was contaminated. I understand that seven or eight bores in the area are also contaminated. We have been told that this contamination does not breach World Health Organization limits. However, the water is not good for gardens, so people should close their bores. The gentleman who went out of his way to check what the problem was then had a memorial put on his title to say that a bore could not be used on the land because the groundwater was contaminated. He was not told that when he purchased the property. The placing of the memorial on his title has devalued his property. He tried to discuss the matter with the department but there is no transparency. He has experienced stonewalling and miscommunication. This person has been placed in a very stressful situation, which has caused him to become quite ill. I raise this matter simply because I think it is important to remember our history and why these sorts of processes and appeal rights were put in place. The ESAG review said that these three appeal rights enhance public good and ensure public confidence. This bill is taking away the sorts of things that might have prevented something quite hideous happening to Indigenous heritage in the Burrup. I was recently very lucky to tour the rock art of the Burrup. I understand that many bits of rock art have been destroyed. Some of the rock art is still inaccessible. Perhaps if there had been the level of transparency, scrutiny and clarity of the process that is available under the present act, but which will be removed by this bill, that travesty might not have occurred at the Burrup. My colleagues articulated the argument much better than I have done, but I have provided a perfect example of why the public good needs to be ensured. The environmental group that the Minister for Environment herself put together to go through and find ways to remove red tape said that these three appeal rights should not be removed because of the public good, so we are right to oppose this bill. DR G.G. JACOBS (Eyre — Minister for Water) [7.26 pm] — in reply: I thank those who have made a contribution to this debate. Three of the speakers have significant environmental credentials, with two being previous environment ministers and one a former chief executive officer of the Conservation Council of Western Australia. I thank them for their contributions tonight. I will address some of the comments made particularly by those three speakers. To provide some context, this bill will remove the right of appeal in essentially four areas. I will make the case that this will not weaken the environmental process but will instead streamline it without shortcutting it. The first issue concerns the planning scheme area. The right of appeal in and around the content or scope of intent in an assessment is being removed. However, that does not mean that this is going to weaken the rigour of the environmental process or the thoroughness of an assessment. Another was the derived proposal issue, which was raised by the member for Gosnells. I will talk about that a little later. Another issue was that of clearing. It was deemed that there would not be a right of appeal in the early part of that process. I will explain this later to the member for Gosnells, because he believes that it is likely that something will be missed in an assessment if it just goes to clearing. Of course, the fourth area is the level of assessment. Under this bill, the five levels of assessment will be subsumed into two, one being non-public interest and the other public interest. The member for Gosnells said that the bill was misnamed and that it should talk about assessment rather than approvals. He implied that because the government put “approvals” on the front of the bill, that means that every assessment that comes before it will automatically be an approval. This is one of a suite of four bills. There is no sinister intent here. The member’s argument is about semantics. I did not believe the bill should be called an assessment bill; it should, in fact, be called an approvals bill. In and around some of the examples that the member for Gosnells talked about in the Exmouth Gulf Strait Salt issue and proposal, I have to say that the advice I get is that we are not changing the checks and balances in this measure. We are not changing the environmental impact assessment process. There is ability for ecological nutrient flow studies, and, importantly, there is an ability for community to have input in this process. We are not changing any of that in this process. In

[ASSEMBLY - Tuesday, 12 October 2010] 7451 fact, it was Dr Paul Vogel who some time ago initiated an environmental impact assessment review process. In that review process there were some recommendations in and around some of these administrative issues. I have to tell the member for Gosnells that the advice I have is that process and those recommendations strengthened the assessment process and gave opportunities for community to have input. Mr C.J. Tallentire: If I could just clarify something. I was using the Exmouth Gulf example to show how that assessment had been improved by community engagement that was well resourced. That is what we are missing at the moment. The present system does not allow for the resourcing of third party appellants. But in that case, they were very lucky and they were able to team up with a company and to get a trawler and to get the scientific testing, the isotope testing, to see where the nutrients came from. But that does not happen in most proposals, and I am saying that the new system needs to go in that direction; that is, having funds to give to people to do that research. Dr G.G. JACOBS: The bill before us is about this process, and my argument is that there is no change to the checks and balances in the environmental impact assessment, and in recent times, since the review, the recommendations are to strengthen the public input process. The other issue was that proposals were stalled. Finding 19 of the forty-eighth report of the Standing Committee on Uniform Legislation and Statutes Review stated that there was evidence that in over 50 per cent of cases the process was hamstrung because of the proponent. I understand that that may be the case, but 50 per cent was not hamstrung by the proponent, and it is those processes we are looking for in this bill—not to shortcut but to streamline. Mr C.J. Tallentire: The committee also presented numbers, and the actual number of appeals was very small. Dr G.G. JACOBS: They are small in number, but the advice I have is that a considerable amount of effort goes into those appeals. In fact, if there is a way of trying to streamline this process without shortcutting and still having community inputs and still allowing for the environmental impact assessment process, I think one could understand that changes—albeit a small number, but often complex—often need a fair bit of work in those appeals. The member for Gosnells stated that there was only one strategic assessment project. However, my advice is that there have been eight. One of the other issues about the still quite low number of strategic assessment projects is that because there are duplications and because proponents believe they have to go through a process with strategic assessments and then again another appeals process through a derived proposal, that there is a disincentive in the system in that they have to go through the appeals process twice. That is probably a disincentive for the proponents to do the strategic work. Mr C.J. Tallentire: I think you might be confusing the nature of strategic assessments here. The example given, of course, was the James Price Point gas hub. That is the direction in which strategic assessments, as we mean them in the context of this bill, are going. Dr G.G. JACOBS: I understand that. I thank the member for Gosnells for that comment. One of the other issues that the member for Gosnells brought up was that a derived proposal—originally it might not even have been a twinkle in the eye of the proponent—may sneak through after a strategic assessment; that is, from left field comes a nuclear power plant or something that was not in the strategic project at all. If the member looks at part IV the Environmental Protection Act 1986—nothing is changing here—he will see that the definition of “derived proposal” refers to the process. I will cut to the chase about the strategic proposal and the third proposal and what is acceptable. Section 39B(4) reads — (4) Despite subsection (3), the Authority may refuse to declare the referred proposal — That is, not automatically approved under the strategic proposal — to be a derived proposal if it considers that — (a) environmental issues raised by the proposal were not adequately assessed when the strategic proposal was assessed; (b) there is significant new or additional information that justifies the reassessment of the issues raised by the proposal; or (c) there has been a significant change in the relevant environmental factors since the strategic proposal was assessed. Mr C.J. Tallentire: Minister, that is exactly right and that is my whole point. That is why there could be contention around whether something is new. The EPA might have one view and the community might have another; that is why we need that appeal right to be retained.

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Dr G.G. JACOBS: In this assessment proposal it is quite clear that if there is anything out of left field that was not within the sentiment and content of the strategic proposal initially, it will not be allowed and will not automatically go through. It is my contention that there is a check and balance there. In the 40 hectare clearing example, the member for Gosnells seems to imply that if it just went to a land clearing assessment, something would be missed in the bigger picture—whether it be water, as the member gave the example, or whatever. The clearing assessment done by the EPA involves agencies, including the Department of Water. It looks at the issue and potential of acid sulfate soils and the water source availability, so that there is the ability in that clearing assessment—it happens today—for all those bigger issues to be considered. The member for Gosnells referred to a turf farm, I believe. There is no point in undertaking clearing to establish a turf farm if there is no water. The advice that I have is that this issue is covered by communication with the EPA, the Department of Water and any relevant agency, and it would be absolutely ludicrous for them to not have that in their assessment for clearing if there was an implication for the water source or there was not sufficient water for the project to take place. Mr C.J. Tallentire: DEC officers would not look at the implications of the production of the product of the turf farm, whereas the EPA would. Dr G.G. JACOBS: The assessment clearing process under the land clearing provisions involve other agencies in looking at the implications of the clearing assessment outside just the land that is cleared. The other agencies look at the ecological impact and other issues associated with that. I will comment on the contributions of the member for Rockingham and other members, and I thank them for their input. I note that the member for Rockingham talked about capacity and the amount of work the Appeals Convenor has, and about giving agencies the ability to do the work. I take that on board. They are matters of government and they are continually being assessed. I will not comment on the James Price Point and other proposals. However, as the Minister for Water, I must make the point that the water capacity of Onslow is about 0.31 gigalitres and the capacity from the Cane River bore field is about 3.5 gigalitres. Onslow has not run out of water. There is capacity in the system to continue the approved developments, but not any new development. There is the capacity also to expand the Cane River bore field by about 50 per cent to improve the water capacity in the future. Of course, other plans in the Pilbara will be announced in due course. I thought it was a bit rich for the member for Rockingham to talk about the rules of assessment that come under the Department of Mines and Petroleum. They do not come under this bill and are not assessed by the relevant agency here. We understand there are benchmarks and complexities in the assessment of mining approvals. Added to that are issues of native title. The member for Mandurah talked about the Gulf of Mexico, toxic water flowing into the Danube and accidents in the Timor Sea. It was a great speech, but it was not relevant. We are talking about some changes to the environmental approvals process. There is no change to the environmental impact assessment process. This legislation is about appeals. We believe that in certain areas, which we have delineated in the discussion tonight, including some of the levels of assessment, this is not a weakening of the environmental impact assessment processes; nor does it weaken the community’s input into these processes. The agency for which the member for Mandurah had guidance for some time would be a tad offended if it believed that some of these changes were giving up totally on environmental rigour and the transparency and accountability processes. They are still there. The agencies do very good work and take their work very seriously. To suggest that this legislation will lead to a situation similar to that which occurred in the Gulf of Mexico would be a tad offensive to those agencies. I say to the member for Nollamara that this bill has nothing to do with the Environmental Protection Authority. The issue of water contamination is dealt with under the contaminated sites legislation under the Department of Environment and Conservation; there is legislation that deals with that. The Ecological Sustainability Advisory Group made some general comments, but I do not believe that any of its recommendations or its deliberations suggests that these amendments to the legislation are inconsistent. I support the bill and commend it to the house. Question put and a division taken with the following result —

Ayes (27)

Mr P. Abetz Mr M.J. Cowper Dr G.G. Jacobs Mr C.C. Porter Mr C.J. Barnett Mr J.H.D. Day Mr R.F. Johnson Mr D.T. Redman Mr I.C. Blayney Mr J.M. Francis Mr A. Krsticevic Mr A.J. Simpson Mr T.R. Buswell Mr B.J. Grylls Mr W.R. Marmion Mr M.W. Sutherland Mr G.M. Castrilli Dr K.D. Hames Mr P.T. Miles Mr T.K. Waldron Mr V.A. Catania Mrs L.M. Harvey Ms A.R. Mitchell Mr J.E. McGrath (Teller) Dr E. Constable Mr A.P. Jacob Dr M.D. Nahan

[ASSEMBLY - Tuesday, 12 October 2010] 7453

Noes (25)

Ms L.L. Baker Mr J.C. Kobelke Mr E.S. Ripper Mr M.P. Whitely Dr. A.D. Buti Mr F.M. Logan Mrs M.H. Roberts Dr J.M. Woollard Ms A.S. Carles Mr M. McGowan Ms R. Saffioti Mr B.S. Wyatt Mr R.H. Cook Mr M.P. Murray Mr T.G. Stephens Mr D.A. Templeman (Teller) Ms J.M. Freeman Mr A.P. O’Gorman Mr C.J. Tallentire Mr J.N. Hyde Mr P. Papalia Mr A.J. Waddell Mr W.J. Johnston Ms M.M. Quirk Mr P.B. Watson

Pairs

Mr F.A. Alban Mrs C.A. Martin Mr I.M. Britza Mr P.C. Tinley Question thus passed. Bill read a second time. Leave denied to proceed forthwith to third reading.

LAND ADMINISTRATION ACT — CLASS A RESERVE 12237 EXCISION Paper Tabled By leave, a paper was tabled by Mr B.J. Grylls (Minister for Lands). [See paper 2748.] LIQUOR CONTROL AMENDMENT BILL 2010 Second Reading Resumed from 23 September. MR C.J. TALLENTIRE (Gosnells) [7.50 pm]: I rise to continue my speech on the Liquor Control Amendment Bill 2010. When I was last on my feet, I was discussing various aspects of concern that I have about this legislation and how it perhaps fails to deliver some of the outcomes that, I think, most members of this house would expect. There is, of course, an enormous problem — The SPEAKER: Members, there is a member on his feet making a contribution to the second reading debate. I would like to hear it and I know there are other members who would like to hear it also. If members have other matters they wish to discuss, I suggest that they take them outside this place. Mr C.J. TALLENTIRE: There is, of course, in Western Australia an enormous problem of binge drinking, especially amongst younger people. I think it is disappointing that this legislation does not really address that issue in any serious way. We also have the problem, associated with binge drinking, of antisocial behaviour in various nightspots around Perth and elsewhere in the state. I think this legislation could have presented an opportunity to really tackle that problem; there is clearly an issue around the need for premises to be doing things such as lockouts, and to try all sorts of innovative ideas that have been tested elsewhere. We know, for example, that there has been success in Newcastle in New South Wales in winding back antisocial behaviour through the lockout system. We need to try whatever methods are available to us to decrease the amount of antisocial behaviour that goes on in Western Australia. We have seen some positive steps—I note that they occurred under the previous government—such as the development of small bars, which is getting us away from the typical beer barn. One of the big problems we have is our attitude towards alcohol. I recall that the member for Southern River addressed this point and gave some very useful information on how we need to change our cultural attitude towards the consumption of alcohol. I previously mentioned that in my electorate we have seen an increase in the number of alcohol-free events—events that have been very successful. People enjoy going to them, and they are alcohol free. I think that that is something to be encouraged; we need to get away from the mindset of every major occasion being accompanied by alcohol. That is an old-fashioned attitude; it may have some historical resonance for some in our community, but we need to be able to move on from that and accept that we can have very successful events and happy occasions without necessarily consuming alcohol. I also touched on the issue of the professionalism of both those who own alcohol-selling establishments and those who work in the sector. I have nothing but the utmost respect for those who decide to make the hospitality sector their choice of professional career, but I note that when we compare Australia with, say, Europe, our attitude towards the hospitality sector is that it is a sector where one only works while one is studying or travelling as a backpacker for a bit of spare cash. It is not a sector that people in Australia necessarily choose for their main career, which is quite different from the European situation, where people do actually choose the

7454 [ASSEMBLY - Tuesday, 12 October 2010] hospitality sector for their professional career. That is a real shame, and I think it has knock-on implications for our general attitude towards going out to different events and our attitudes when we are in different venues. I turn back to the issue of the beer barns around Perth. These are places that obviously make a lot of money for their owners and are on the weekend itinerary for many young people, but they are chosen because young people do not necessarily have much of an alternative. They phone up their friends, ask where they are going to go, and the answer is invariably “XYZ beer barn”. They consume huge amounts of alcohol, and we have all sorts of problems following on from that. We really need to turn that around and get people to realise that going out of an evening is about the company that they are with; it is not about the amount of alcohol that they consume. It is about enjoying the occasion. I think the venues could play a major role in turning things around. One thing that I think is sadly missing from our entertainment venues—although a few are picking up on it—is table service. That would make a huge difference, and I think there is scope in legislation such as this to encourage the owners of establishments to provide table service. Instead of people arriving at a venue and straightaway having to go and spend 10 minutes queuing at the bar to bring jugs of beer back to the table, they would actually arrive at a venue, sit down at a table and be served, and by being served they would have contact with a waiter, a professional person, who would be able to give them advice on what to drink, such as a specialty of the house perhaps; but they would be there to enjoy the company of their friends. They would not be there just to swill alcohol. It would also mean that there would be an intermediary between the bar and the table—a waiter or waitress who can actually look at the level of alcohol being consumed by people sitting at a table. They would be able to keep an eye on them, and there would be a moderating effect. That is what we see in Europe; there is not the problem of people constantly going up to the bar, buying jugs and swilling loads of alcohol. Table service would give our hospitality sector a degree of sophistication that it presently lacks. It would also mean that we would have more jobs in the hospitality industry, jobs that require a degree of professional skill, and that would elevate us. I recognise that I am being very critical of the standard beer barn that we see around Perth at the moment. However, I do not think it is surprising that when one looks at tourism information, one never sees those sorts of pubs promoted as tourist destinations. Why? It is because there is nothing unique to Australia about them, there is nothing particularly enticing about them and no-one in their right mind from overseas would ever visit Australia to go to the standard Northbridge-type beer barn; it just would not happen. We definitely need to elevate the quality of service and the approach that people have, and that can be done. It is true that a lot of this is about changing people’s attitudes towards their consumption of alcohol; I can see that that is a major education program that needs to be undertaken, but there are certain technical things we can do, and we have already embarked upon the journey and done a good job with the small bars. We are getting people attuned to the more intimate experience of a pleasant night out, which is actually about the company they keep, not the quantity of alcohol they consume. By introducing table service more extensively in other venues, we could help speed up the increase in the level of quality of service and experience. I am very disappointed to note that organisations such as the Australian Hotels Association do not seem to be embracing the idea of table service. I suspect that they like the idea of people working only behind the bar; they can have fewer staff that way, which must work out brilliantly for the profit margins of certain pub owners. It also means that they can rely on a fairly disposable workforce, such as backpackers who are not properly trained. I know that people are occasionally sent on training courses, but when employees are quite young and not necessarily supported by management, they are not confident enough to refuse alcohol to patrons who request more to drink when they have clearly passed normal levels of alcohol consumption. I accept that the opposition is supporting this legislation but I have grave reservations about it. I think there is a missed opportunity here to attack excessive alcohol consumption and binge-drinking problems that lead to antisocial behaviour. It is also a missed opportunity for improving the quality of entertainment venues and quality of service and experience that patrons might enjoy at entertainment venues. I look forward to hearing the minister’s response. Perhaps he will enlighten us by telling us that there is more to come and there will be mechanisms and legislative initiatives for improving the standard of entertainment venues in Perth. But at the moment I fear that many people will be disappointed with the outcomes of the passing of this legislation. DR J.M. WOOLLARD (Alfred Cove) [8.01 pm]: I appreciate that the minister has made some changes to the Liquor Control Act that will bring some much-needed improvements. However, I agree with what some other members have said about the Liquor Control Amendment Bill, which is that although it goes some way to tackling the problems that we have in Western Australia with alcohol and the culture that has developed with the abuse of alcohol, it does not go far enough. The current act needs to be changed a lot more to reverse the culture that has developed in our society and the approach that has developed towards not only adult drinking, but also youth drinking. The drinking of alcohol starts with children. Children are turning up at school now with alcohol in drinking bottles. They are taking alcohol in water containers to school. Ms J.M. Freeman: Where? Which schools?

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Dr J.M. WOOLLARD: In Western Australian schools. They are taking alcohol to schools. Before teenagers go out, they are drinking; they are buying alcohol. It is cheaper for them to buy alcohol from shops than it is to buy bottles of water, because the alcohol is sold so very cheaply. The harm that they are doing is not just to themselves but also to their friends, to their family and to the community. The harm caused by alcohol extends throughout the community. There are huge social and financial costs resulting from alcohol. They extend to work. There are hospital admissions, the attendance of ambulance staff at road accidents and medical staff in emergency departments and rehabilitation clinics, police attendance at accidents, assaults in the community, domestic violence, work absences and welfare payments for those unable to work. As a result of accidents, people become quadriplegics and paraplegics and there are the consequent costs to the community. There are children walking the streets because they fear for their safety from physical or sexual abuse. Because they are walking the streets, they are not going to school the next day. There are the ongoing social and psychological costs for those children later in life. There are problems with public transport because of the fear of using public transport and the additional guards that are needed on public transport. There are the costs to local government. The Education and Health Standing Committee saw during its visit to the north of the state the huge vacuum machines that local governments use in their towns to vacuum up the beer bottles and cans the morning after. The costs just go on and on. We must do something to stop what has become the norm. I therefore congratulate the minister for the many initiatives that he has introduced over the past 12 months, and for most of the measures that he is introducing with this bill. I do have some concerns with one, which I will come to later. However, it is not enough. A lot more needs to be done to the legislation and in this area if we are going to change the culture that has developed. The culture has developed not just in Western Australia; the problems with alcohol extend across Australia and internationally. It is not only a problem that we have here, but also a problem that is accepted internationally. Some other countries have already taken the initiative. We have led the way with other initiatives; for example, we are leading the way in tobacco control. I believe that we could lead the way in alcohol control. I know that the Education and Health Standing Committee, with the inquiry it is doing into alcohol abuse and drugs, would like to work with the minister. We hope that when we finish our inquiry next year we will have some recommendations that, hopefully, the minister will be able to adopt, and that will help Western Australia lead the way and maybe start to turn the tide, because we really do face some very serious problems here. The cost to the community from alcohol is too much at the moment. When we debated this bill the other week before the recess, I was very disappointed listening to particularly some members of the opposition who gave the industry position. The objects of the act at the moment are very disappointing when one looks at part 3 of the act that supports industry. I really think that needs to be taken out of the act. What we should have is what other countries have whereby one of the objects of the act is the protection of children. Scotland and England include the protection of children in the objects of their acts. If we focused on the protection of children and started to look more closely at advertising, in particular, maybe the AHA might not have the advantage that it seems to have at the moment. As I said, at the moment we see the media report on a regular basis on the impact of alcohol-related violence in the community. It is never shown in a positive manner; it is always shown in a very negative manner. We always see devastating stories of individuals and families who have been harmed by the effects of alcohol. That is why the Liquor Control Act must be updated to meet the needs of today and address the current problems of the culture of intoxication and the serious and ongoing harm alcohol causes in the community. We have to focus on access, affordability and advertising. The government’s amendments address the three primary objects of the Liquor Control Act, which are to regulate the sale and supply of alcohol, minimise harm and cater for the requirements of consumers for liquor and related services. The government is looking at reducing the trading hours for nightclubs. I wonder whether the minister is aware of a recent paper by Tanya Chikritzhs and Tim Stockwell, who looked at the impact of later trading hours for hotels on levels of violence, impaired driver road crashes and driver breath alcohol levels. They found that late trading was associated with increased levels of impaired driver road crashes and alcohol consumption, particularly higher risk alcoholic beverages, greater number of patrons and characteristics specific to clientele of hotels that applied for late trading hours. Younger ages, a greater propensity to drink-drive and a preference for high-risk beverages were suggested as having contributed to this increase. I think that hotels as well as nightclubs should be cutting back their hours. Mr Acting Speaker, I request an extension of time. Ms M.M. Quirk: You’ve still got eight minutes. Just get on with it. [Member’s time extended.] Dr J.M. WOOLLARD: I am just asking now in case I miss out later. I say to the member for Girrawheen that it is a shame I cannot ask for double time, otherwise I would. The ACTING SPEAKER (Mr P.B. Watson): Members, get back to the bill please.

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Dr J.M. WOOLLARD: We also need to look at affordability. It was very sad to see that vodka drinks were recently released for sale in four-litre casks in supermarkets. Youngsters are able to buy alcoholic beverages at very low prices. We should be supporting a minimum price per standard drink to try to reduce the amount of alcohol that young people are consuming. Research shows that a 10 per cent increase in the price of alcohol leads to a five per cent decrease in the consumption of alcohol. Affordability does affect consumption of alcohol. The World Health Organization’s report on strategies to reduce the harmful use of alcohol addressed both access and affordability. Its report found that increased density of alcohol outlets is associated with increased alcohol consumption amongst young people and increased levels of assault and other harm. It recommended reducing the number of alcohol outlets and reducing their hours of operation, thus reducing the number of alcohol-related problems. It recommended that the more affordable the alcohol, the more it was consumed and the greater the level of harm from consumption. The second object of the act—to minimise harm or ill health caused to people—is addressed through the introduction of provisions to allow owners or occupiers of residential premises to apply to the Director of Liquor Licensing to have their premises declared liquor-restricted premises. This is a good step. As the member for Southern River said in his speech on 23 September, when the Education and Health Standing Committee travelled to the Kimberley recently, the people we spoke to made it very clear that not only the family members but also the people nearby—the whole community—were affected by the people who drink alcohol. Introducing these provisions into the legislation will give some protection to people in their own homes. I also believe that it is a good measure to provide the Commissioner of Police with the power to issue barring notices for up to 12 months to people who engage in antisocial behaviour in licensed premises. I wonder, minister, whether allowances will be made to enable a person who happens to work in one of these premises to enter the premises for work-related purposes. Mr T.K. Waldron: There is an amendment that will deal with that. Dr J.M. WOOLLARD: I agree with the provision in the bill that the Commissioner of Police must publish on a website the details of persons who are subject to a barring notice, because that will assist in the identification of people who have been subject to such an order. I am not sure that I can support the object that is listed in section 5(1)(c) of the Liquor Control Act; namely, “to cater for the requirements of consumers for liquor and related services”. I certainly support that part of the bill that seeks to support businesses by providing greater flexibility for licensees and managers of licensed premises to move freely between licensed premises without application to the licensing authority. However, I am concerned about small charter vehicles and limousines. The rationale that the minister has given for this amendment is that it will enable, for example, brides to share a drink on their wedding day with their bridal party in a limousine. Mr D.A. Templeman: Are you opposed to that? Dr J.M. WOOLLARD: As the minister knows, these days, children as young as 14 and 15 years of age go to school balls in a limousine — Ms M.M. Quirk: Do you think parents have some responsibility in all of this? Mr T.K. Waldron: People cannot drink in a limousine if they are under the age of 18. The same laws apply. People under the age of 18 are not allowed to consume alcohol. The driver would commit an offence. So we cannot have a 16-year-old girl going to a school ball in a limousine and drinking alcohol. Dr J.M. WOOLLARD: But if a group of seven girls get in a limousine, is the driver going to ask all those girls to show him their driver’s licence? Mr T.K. Waldron: The driver has a responsibility to make sure that they are of age. Kids need to have a card to show their age. If the driver allows them to drink, he will commit an offence and take that risk, as is the case now. It does happen now that people drink in these small charter vehicles. What we are doing here is the same as applies to a BYO restaurant. A 15-year-old cannot go to a BYO restaurant and drink alcohol. But anyway, make your point. Dr J.M. WOOLLARD: But will it be a requirement that the driver will have to see every person’s driver’s licence? Mr T.K. Waldron: It will be up to him. Ms J.M. Freeman: Or her! The ACTING SPEAKER (Mr P.B. Watson): The member for Nollamara should not interject when out of her seat. Mr T.K. Waldron: It will be illegal to allow people to drink in a small charter vehicle if they are under age. So you and I, Terry Waldron, could get a small charter vehicle to go to a movie night, and we could bring a bottle of

[ASSEMBLY - Tuesday, 12 October 2010] 7457 wine and drink it on the way there, and that would be legal. A 15-year-old or 16-year-old boy or girl cannot do that. Mr P. Abetz: That is illegal now. Mr T.K. Waldron: Yes. I do not want to waste your time. But that is the situation. It is like a BYO restaurant, as I have said. A person has to be 18 to legally drink wine at a BYO restaurant. Dr J.M. WOOLLARD: If there is a group of people in a limousine, and one or two of them are under age, it will put a lot of responsibility on the driver, because his attention has to be on the road, and he cannot be watching to see whether those young people are drinking. If everyone else is drinking, they are going to want to drink too. If the minister is going to allow under-age girls and boys to be in a limousine with girls and boys who are 18-plus, it is going to happen; and, depending on what the penalty will be, the driver will possibly lose his licence because of this legislation. The minister has said that he will deal with this in the regulations. But I do not think we should be introducing something like this, because it really is an accident waiting to happen. I would support most of this legislation. I say again that in the Liquor Control Act, we should be looking at access, advertising and affordability. The objectives of the liquor licensing act in the United Kingdom are preventing crime and disorder, enhancing public safety, preventing public nuisance, and protecting children from harm. The objectives of the liquor licensing act in Scotland are preventing crime and disorder, enhancing public safety, preventing public nuisance, protecting and improving public health, and protecting children from harm. Because of the problems that we have in the community with alcohol, we need to look closely at the objectives of our Liquor Control Act. The member for Southern River mentioned that the Alcohol Education and Rehabilitation Foundation’s latest report estimated that the cost to Australia of drinking was $15 billion annually, and that 14 000 people are admitted to hospital each year as a result of other people’s drinking. Alcohol is not something that affects only the individuals who abuse alcohol; it has a profound effect on everyone around those people. Because of that, we have to do more in this area and I hope that not only will the minister look at what can be done within his portfolio, but also, because alcohol affects almost every government portfolio—health, housing, corrective services, transport, disability services and mental health—someone from each of the departments is looking at the problems of alcohol. It should be an issue that the government takes on across government. There should be a lot more communication across government to try to address these problems. MR D.A. TEMPLEMAN (Mandurah) [8.32 pm]: God help us if the member for Alfred Cove becomes Minister for Racing and Gaming! I respect where the member is coming from, and I think everybody in this place understands the issue of alcohol, and particularly alcohol abuse and the effect of alcohol abuse on families, individuals, people’s financial position et cetera. It is a major concern in our communities; we know that. It has probably been an issue since the first grape was squashed and fermented and drank, and the first bit of barley or wheat was allowed to ferment to be turned into beer. The simple fact is that alcohol has been an issue for centuries—yea, to the Middle Ages—and it probably will go on being an issue into the future. Ms M.M. Quirk: Jesus turned water into wine. Mr D.A. TEMPLEMAN: Exactly. We always need to be mindful that no matter how much — Mr M.P. Murray: Excuse me, member, not all of us want to be in bed at half past eight either! Knock off early, go on! Mr D.A. TEMPLEMAN: The member for Alfred Cove is off to have a glass of wine, after we listened to her drivel! The fact is that no matter what legislation or regulation we put in place, when there were periods of history in which alcohol became a major problem, over-regulating or over-legislating just drove it underground. The prohibition period in the 1930s showed us that. When we approach this issue of alcohol, we all have to be very careful and mindful of our experiences. We would all remember our youth. Unless we are absolute puritans, of which there may be some—the member for Collie–Preston is probably a classic example of a puritan!—no matter whether we are male or female and whether we grew up in a country town or the city, the fact is that there are periods in our own lives in which we remember that we had a few too many drinks with our mates or got a bit sloshed with the girls and things got out of hand. Mr D.T. Redman: You didn’t surely! Mr D.A. TEMPLEMAN: I said “we”, being in the collective! The problem is there now, for young people in particular, but not just young people. Although we often see this as a young person’s problem, it is not always the young person who is the problem. When we see this happening to young people, it is far more visible. One thing that the member for Alfred Cove was right on, and she is not right on many things, is that the media love—I am going to give an example tonight—the photos that they can splash on Channel Seven or Channel Nine or Channel 10 of the helicopter —

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Ms M.M. Quirk: Would that be Mandurah? Mr D.A. TEMPLEMAN: That would be Mandurah! The rampant youths are running about causing havoc. They do, do not worry; there have been a few examples and I am going to go into them a bit later on. The media love this; it is wonderful hype. Mr M.P. Whitely: So, member, are you saying that it is about balance? Mr D. A. TEMPLEMAN: Absolutely, and it always will be about balance. It will always be about recognising that there are responsibilities. There are responsibilities in legislation, there are responsibilities in policing, there are responsibilities in parenting and there are responsibilities in educating. I think that, quite often, some of the problems occur when the current legislation or regulation or rules are not policed. Rather than just adding more legislation, we should be policing exactly what is already there. That is something that we have to be very mindful of. I will use an example. I became quite distraught when there were about three parties in a row down in Mandurah that gained notoriety a couple of months back. The helicopters were there taking photos of everything that was happening, and the infra-red imaging was showing all these young people zapping and darting about causing havoc. It really distressed me because it was giving my city a bad name. There should have been policing of current laws. For example, there are already laws in place to deal with people who allow the serving of alcohol to minors. Who was supplying alcohol to people at those parties, and has that been followed up? Those sorts of issues are very important. Before we start imposing a range of things, let us look at the current laws. I was just amazed to hear some of the comments of the member for Alfred Cove, who comes in here, delivers a speech and then goes home early. She has darted off, down to Alfred Cove, down to her little place there — Ms M.M. Quirk: She’s having a hot toddy! Mr D.A. TEMPLEMAN: She might be! She makes comments about limousines and things like that. I think that is quite a sensible, reasonable change that the minister is making. I mean, why should people not do that? Dr K.D. Hames: Part of the reason is that we get lots of people from Mandurah who come up here for functions. They come up in a limo and they have a grog or two or have a wine. That is what they do and I think it is perfectly reasonable. Mr D.A. TEMPLEMAN: Absolutely. Why should people not do that? The minister has highlighted that. The drivers of these limousines have a clear responsibility. We have to make sure that they very clearly understand the law and that they know that they are liable if there is a trespass of the law. But for goodness sake, why should people who are going to get married not have a few quiet drinks in the limousine with their bridal party or their mum and dad as they go to the wedding or to the function? I reckon that is absolutely reasonable. I listened to the member for Rockingham’s comments before I had to leave to go to a function in Mandurah on the Thursday of the last sitting. He said some reasonable things. I remember he was highlighting some of the issues within this bill about early closing and his concerns about some of those issues. An issue such as serving alcohol in limousines is a no-brainer, and any reasonable person would understand the intention behind that. During the member for Rockingham’s contribution—I will call it that—he highlighted what I think was a very important issue, which was the problem with Facebook and photo identification. The member wheeled out photographs of people, including of me and my good friend and brother in arms, Hon Colin Holt, who sits in the other place. I am warning the National Party, so that they are warned, that I intend at some stage in the future—I will not give the exact date—to attempt to infiltrate the National Party meeting room under the guise of Hon Colin Holt. I will have a haircut at some stage in the future—his hair is receding a little faster than mine—and I just warn the National Party that I want to see whether National Party members can tell us apart, because there is a resemblance. We call each other “brother” now. When we pass each other in the corridors, I nod approvingly to him as my brother. The last time I saw him in the courtyard I said, “How are you, brother?” He said, “Not too bad, brother. When are you going to talk to mum?” I said, “Well, mum and I aren’t talking at the moment, but send her a message and tell her that I might talk to her before Christmas.” Of course, Hon Colin Holt takes it in good humour. I must tell members a very quick story—a very important story. The ACTING SPEAKER (Mr P.B. Watson): Member for Mandurah, I am trying to find where this is in the bill. Mr D.A. TEMPLEMAN: So am I, but I will find it! In late November last year at the time of the impending birth of Donna and my twins, I could not be here during the parliamentary sittings. There was a function of wonderful seniors from the Belswan retirement village, who were here as guests of mine. We had a morning tea for them and they all went up into the Labor caucus room and because I was not able to be here, Hon Sally Talbot filled in for me. Apparently, they were all in the caucus room and they were saying, “Isn’t it sad David can’t be here? We’ve seen him in the corridor; it’s sad he can’t join us.” Hon Sally Talbot was saying, “What do you mean?” They said, “We’ve seen him. He’s been waving to us. We’ve been waving to him and he’s been

[ASSEMBLY - Tuesday, 12 October 2010] 7459 waving back. Isn’t it sad he can’t come in and join us for a morning tea?” Of course, Hon Sally Talbot was saying that I was not there as I was down in Mandurah waiting on the impending birth of my twins. “Oh, no, we’ve seen him,” they said. “We saw him in the corridor. We were waving to him and he was waving back.” Of course, it was actually Hon Colin Holt. I am concerned by the National Party. I feel a threat in my seat of Mandurah. If Hon Colin Holt stood for the seat of Mandurah as a National Party candidate, no-one could tell the difference between us. They would not know whom to vote for: “Do I vote for the good looking one, Templeman, or the not so good looking brother?” This has absolutely nothing to do with this bill — The ACTING SPEAKER: I agree. Mr D.A. TEMPLEMAN: However, it does highlight where we can have a problem with mistaken identity. The member for Rockingham went through a range of things and highlighted a number of different people who looked very similar and could be caught out by this attempt by the Minister for Racing and Gaming—although I think the minister is going to do something about it, is he not? Mr T.K. Waldron: We are onto it. Mr D.A. TEMPLEMAN: I can tell the minister is onto it. I can tell by the steely look in his eyes that the minister is onto it. I thought he might be. As I said at the beginning of this contribution, we only need to look at our own experiences, particularly as younger people. The member for Collie–Preston pointed this out very well. One of the problems we have now is that a lot of young people, before they go out to nightclubs or pubs, fill up at home. Quite often that is an affordability issue, and the member for Alfred Cove highlighted that. Young people make sure that they have a few good, solid drinks before they go out. In my day, we would watch Hey Hey It’s Saturday first, and I am sure many other members would have done that. Some of the younger members like me would remember watching Hey Hey It’s Saturday first. We did, did we not? Then, of course, we would pile into the Kombi or the Datsun 200B or, in my case, the Datsun 120Y, and off we would go. We would go off to the pub and after that to the nightclub. The funny thing is I cannot ever remember going to a place, whether it was in Northam where I grew up or later Mandurah, but before that Perth, where there were glassing incidents. The sort of violence that we are seeing now is the key issue. I cannot remember the glassing phenomenon that we are seeing now being prevalent when I was 18, 19 and in my early 20s. The violence we see now really is a concern. I think we are going into this phase in which it is almost like punch, kick or slash first and ask questions later. It seems that this violent attitude permeates a lot of street violence that we are seeing. When amendments on liquor licensing come into this place, it is very important that we look at what already exists in our legislation and make sure that the laws that already exist are working or are being enforced. That is one of the big challenges, because the police will tell us that it is all very well to put more laws in place, but how do we make sure that we have the resources to enforce them? Indeed, we know that some of these amendments involve enforcement and some of these changes will mean additional enforcement. I think the issue of education comes in at a critical point there, because there is no doubt that those who operate or seek to operate licensed premises must be of the highest calibre, and we have to be confident that they are well versed in the responsibilities that they have under the law. I am reasonably pleased with most of the amendments contained in the bill. I do not have a great problem with most of the amendments proposed in this bill. However, I know that the member for Collie–Preston will in the third reading stage highlight a number of concerns that are very valid and very important, and I hope that the minister will be listening to those when they are presented. I want to finish on a proposal that was highlighted to me by Naomi Oakley, a former Victorian policewoman. It is more in relation to the phenomenon of parties that get out of hand, particularly the parties that are gatecrashed by people who use particularly social networks through which to communicate that a party is happening, and before we know it someone who has organised an eighteenth birthday at which 100 young people are attending suddenly has a 300-person affair. One of the things that Naomi is advocating is a very formal party permit scheme. Some members may have seen some press comments of mine on this. I have not ruled out what she is proposing, but it comes back to preparation and the mitigation of potential problems in our neighbourhoods. It is happening in my electorate and in that of the member for Dawesville. There have been a couple of places in the central Mandurah and Greenfields area only recently where parties have attracted a large number of people. Of course, I can understand neighbours and people who live in those localities being absolutely fearful and scared. Mr T.K. Waldron: A lot of parents are fearful of that. Mr D.A. TEMPLEMAN: The last thing anyone wants to see is a big party getting out of hand down the end of their cul-de-sac or down the end of their street. Of course it is frightening, particularly for an older person living alone. [Member’s time extended.] Mr D.A. TEMPLEMAN: Naomi Oakley is proposing a national approach to this. She very much believes in the legislative line, and included in her proposal is a party permit scheme. I would love to see a hybrid of her idea; a trial somewhere. I approached the City of Mandurah and asked whether we should trial something like this. It

7460 [ASSEMBLY - Tuesday, 12 October 2010] might not be a permit as such, but certainly it would require parties that people intend to hold in their neighbourhood to fit a certain criteria. I am talking mainly about milestone parties such as eighteenths and twenty-firsts that are likely to attract an audience that can be easily gathered through social networks. The eightieth birthday of Mrs Smythe, for example, is very unlikely to attract that sort of attention. We should require those types of parties to be registered. It is interesting that neither of the two parties that got out of hand recently in Mandurah was registered. Nine parties were known to be happening in Mandurah on the same night as the last one that was reported widely in the media. Of the nine parties, the only one that was not registered was the one that got out of hand. I am not saying that registering a party will solve the problem, but it puts the responsibility back onto the organisers. Mr T.K. Waldron interjected. Mr D.A. TEMPLEMAN: I would be happy to do that. I am not a wowser like the member for Alfred Cove, who does not want a couple who are getting married to have a few drinks in the back of a limousine. I am not a wowser, but I recognise that some people are genuinely concerned about this. I believe we should tighten up the process. My understanding from the police department—the member for Girrawheen might be able to help me— is that there is no compulsion to register a party. I believe that if a party fits a particular criterion, particularly if it is what I call a milestone party, it should at least be registered. Naomi Oakley talks about a range of other things. It is interesting that this legislation includes ratios of security to attendees in a licensed premises. Mr T.K. Waldron: It is only a suggestion. Mr D.A. TEMPLEMAN: Naomi Oakley reckons that if someone is going to have a party with more than 100 people, the organisers should provide registered security people. That is where she is coming from. I believe that a registration process is needed so that the person who is holding the party goes to the police and fills out a form outlining as much information as possible, including the number of intended guests and how the party was advertised. A lot of people have said that their party was by invitation only, but how was it advertised? Was it advertised on the social networks or was it a written invitation only? The party organisers should give more information to the police so that they can mitigate its effect. Some places, even in residential areas, are unsafe to hold large-scale parties. Most of the local governments I have spoken to—not all of them—have very clear criteria regarding the hiring of their facilities to the public. They have requirements about what is to happen if alcohol is served, the number of people who can attend and the amount of people a venue can hold et cetera. With some finetuning, we can tighten this up and mitigate the threat brought about by the social networks. This is a new phenomenon. When I was in the theatre and was having parties in Mandurah, the only way we knew about a party was if we went to the show that night and we all decided to go to my place afterwards for a few drinks. We had mobile phones then but I do not think we could even send text messages on them, and that was not long ago. Imagine if I was doing it today. I would send a text saying that there was a party at Dave’s and 300 people would arrive, or I could advertise on the social networks Facebook or MySpace. Mr T.K. Waldron: Once again, it gets back to the issue of balance. You have to strike the balance of how to do that, but it is worth having a look at. Mr D.A. TEMPLEMAN: I am not a wowser who is saying that people should not have a party in their home. Of course they should. Nanna Smythe should be able to celebrate her eightieth birthday in the backyard and people should be able to celebrate their sixteenth and twenty-first birthdays at home. In some cases, it might be safer to hold a sixteenth birthday party in someone’s home than in some other premises. Let us be a bit more sensible. When I hear unbalanced and quite biased viewpoints, such as those put by the previous speaker, the member for Alfred Cove, it concerns me. One of the best things that the member for Rockingham, a former Minister for Racing and Gaming, did was the establishment of small bars. I can remember that there was a huge amount of debate on it. The member for Rockingham would come into caucus and say that he had had another meeting with the Australian Hotels Association or another lobby group and that they were totally opposed to it and were attacking him at every point and had claimed that the world was going to end, the sky was going to fall in, the drinks would dry up, everyone would lose their jobs and the entertainment industry would collapse. What has happened is the reverse in many respects. The small bar licences, I hope, have helped to change the drinking culture, which dated back to the six o’clock swill days, so that people now recognise that drinking is part of our culture, whether or not we like it. Some puritans, such as the member for Collie–Preston, might not want anyone to have a drink. However, many people want to enjoy a few social drinks and to do it in a safe environment. Initiatives like the small bars policy and other initiatives mentioned in this legislation are appropriate. However, we should make sure that we analyse the current laws and ensure that they are policed so that we must not continuously bring down prohibition-style legislation of the sort that I believe the member for Alfred Cove would like to see. I thought that I was in a time warp about 25 minutes ago. I thought that I had suddenly stepped into a time warp and was in this Parliament in the 1950s. People back then would have a drink on a Sunday afternoon from between five o’clock and six o’clock during the Sunday swill. I did not do it, because I was far

[ASSEMBLY - Tuesday, 12 October 2010] 7461 too young, but my father told me that everyone used to line up jugs of beer on the bar and drink as much as they could in an hour. We do not want to go back to that. We want to make sure that that is a relic of the past. Let us not go back to the 1950s, which the member for Alfred Cove would like to do, when a wedding was simply an affair at which people drank a cup of tea and ate a biscuit, a couple of cucumber sandwiches and iced cakes, and nothing more. Let us not do that. Mr P. Abetz: They were simpler days. Mr D.A. TEMPLEMAN: I was not there. The member for Southern River might have been, but I was not. I do not want to go back to those days because I think they would be terrible. I am happy to leave my contribution there. I will be watching very closely the consideration in detail stage because the member for Collie–Preston will raise some excellent points, which I hope the minister will listen closely to so that we can make this the best possible legislation we can get. MS J.M. FREEMAN (Nollamara) [8.57 pm]: I want to speak on the Liquor Control Amendment Bill 2010. The Minister for Racing and Gaming probably knows, having raised this issue with him previously, that I want to talk about alcohol advertising. Before I speak about that, I will provide some context about why I raise this matter. This legislation misses a couple of opportunities to address some of the serious issues of alcohol abuse in the community. I take into account what the member for Mandurah said. I believe that the change in culture about how we look at the debate on alcohol and alcohol-related violence is important. Many aspects of this legislation try to address those problems, but in trying to address the issue of alcohol and alcohol-related violence, we have probably missed a couple of opportunities. I will reiterate some statistics that some of my colleagues have provided previously, because it is important to understand them in the context of this debate. Excessive alcohol consumption, as we all know, continues to pose severe and widespread health and social problems for Western Australia. As I understand it, on average, around 39 per cent of people consume risky levels of alcohol on a weekly basis. I would be interested to know whether the Minister for Health acknowledges those percentages. Excessive alcohol consumption is responsible for the majority of antisocial behaviours, almost half of all assaults, and a large proportion of crime in general. Police estimate that between 60 per cent and 80 per cent of their time is spent dealing with people who are drunk and the damage they have caused. Again, I would be interested to know whether the minister concurs with the figures that I have gathered. Alcohol-related injuries and illnesses put a great strain on our health system. According to my figures, more than 30 000 people attend Western Australian emergency departments each year due to alcohol, and about 8 000 are hospitalised. It is one of the leading causes of death in Australia, and contributes to a vast array of long-term health problems, including liver disease, cancer and brain damage. In total, it is estimated that alcohol-related problems cost the Western Australian community more than $750 million each year. Given all that, whilst we can say that we do not want to be wowsers, we also want to be realists. We know that we have a major issue in our community; it is a health issue and it is unfortunately linked, in some cases, to violence. We clearly need to reduce the level of excessive alcohol consumption in Western Australia. Colleagues have previously talked about the small bar mentality of walking to have a congenial social drink and walking back home, versus the six o’clock swill mentality. Although we need to talk about that, we also need to think about what it is about our culture that is creating the binge drinking mentality, and how we are to address that in a manner that is proactive rather than reactive, as this legislation is. Although aspects of this bill might have some of that reactive effect, it does not reflect a strategic and long-term approach to the issues, particularly the promotion of responsible alcohol demand; it simply addresses supply and does not look at demand, which is one of the critical aspects of this matter. One of the biggest overarching deficiencies in alcohol policy is the poor level of understanding of the health risks associated with alcohol abuse in the community. Surveys around Australia have shown that the level of knowledge and understanding of the long-term health issues associated with alcohol is abysmally low. In fact, I was surprised to find out that there was very little knowledge of the issues surrounding women drinking whilst pregnant. I think that there is confusion in the community about that, which is perpetrated by some of the studies in the media. One can speak to health professionals in this area who will say that avoidance of all alcohol during pregnancy, especially during the early stages, is absolutely optimal for the health of children. Although knowledge of the link between violence, injuries and alcohol is more prevalent in the community, it is nevertheless downplayed in our community and by the drinking culture, and it is frankly ignored in practice. Preventive health measures, such as informing the community so that people are less likely to expose themselves to risks, have a significant role to play in combating the problems surrounding alcohol in our community. The recommended drinking limits provided through standard drink measurements provide a measure by which to drink safely, but it is very rare that one sees them. The last time I saw one was in the WorkSafe toilets. Apart

7462 [ASSEMBLY - Tuesday, 12 October 2010] from that, I very rarely see what a standard drink looks like. WorkSafe has those sorts of things, as one would imagine. One goes to the toilet and sees the limit to which one should be drinking, if one has been drinking. There are two problems with standard drink measurements. Firstly, they are poorly understood; few people are sure about what the limits are. Secondly, the recommendations are easy to forget about or ignore in some cases, because when one is out there having a good time, it is easy to ignore standard drinks because there are not advertisements around to bring one back to reality about responsible drinking. The other problem is that, in some places, alcohol is served in larger quantities than the standard drink. As a student, I worked in the hospitality industry in the WAFL, and I served ponies of beer during half-time and quarter-time. I probably would have served 100 ponies at most; I was a very good pourer of beers, because it was very important not to get a head on ponies! Maybe we would occasionally get people asking for glasses of beer, but the point was that people were having a small drink in between time at the game. When one walks into a pub now, there are no longer any such things as ponies or seven ounce glasses; there are middies and pints. To me that seems to be forced drinking beyond the limits of a standard drink. I can pretty much assure members that a middy is two standard drinks and that a pint is probably three. Similarly, when one has a glass of wine and it is filled to the top, one probably thinks that one is having one standard drink, but in fact it is 100 ml. Mr T.K. Waldron: Some wine glasses have markers. Ms J.M. FREEMAN: Some do, although fewer and fewer do. There was a time when there were no places that did not have the marker. One of the problems is that we do not have advertising in those places to tell us the measurement for a standard drink. Education campaigns for that aspect of responsible drinking are lacking. One can join Alcoholics Anonymous, but there is nothing along the lines of the Quit program or anything else to encourage moderation in drinking. Frankly, the void seems to be being filled by social media and fundraising, so we have Dry July, Abstaining August and Ocsober, and it all revolves around fundraising. However, it involves a feast or famine attitude; people take the attitude that they are going to raise money by not drinking all July. We have all heard people agonising over how they are going to spend an entire July without drinking. How does that promote responsible drinking? People complain that they have to withdraw and go through this; it is a feast or famine attitude, which means that people take the view that they cannot drink responsibly—they either have to stop completely or not. Other than through fundraising events and the social media, there is nothing to address responsible drinking. I would like to acknowledge the website Hello Sunday Morning. It is a great site that is targeted at young people and the social media of blogging. It runs counter to the old way of promoting health. I have some health promotion background through occupational health and safety, and this site acknowledges that the old way is not going to be the way to reduce drinking or encourage responsible drinking in our community. Scaring people will not undermine the illusion of confidence and the emotional buffering provided by alcohol, and the belief that alcohol is going to give one social and verbal skills. Scare campaigns, such as the ones currently being run, do not resonate with what young people are thinking; they are thinking about the social consequences of their emotional wellbeing. I would really appreciate it if, when I am addressing the minister, my colleagues would not stand around the minister. Ms M.M. Quirk: Now you know what it feels like. Ms J.M. FREEMAN: I am much more gentle about how I say it! I am big enough and ugly enough to look after myself! We need to understand that it will take a properly resourced, universal public health campaign that includes measures such as health warning labels on alcohol containers. The introduction of such labels would serve to educate people about the risks of alcohol and hopefully deter them from excessive drinking. The labels would primarily be aimed at informing people about specific alcohol health effects and statistics, similar to cigarette warning labels. It would also be good to include advice about safe consumption of alcohol. The form of these labels is a matter for debate; we need to go out and consult, but we need to make these moves. Not only should my colleagues not interrupt me, neither should the Leader of the House! One would think that the Leader of the House would know better! It is also necessary to decide how to avoid the problem of bars and other venues that serve alcohol by the glass not being subject to these labels. I am not suggesting that people will pick up a nice glass of wine and find a warning sign on it, or that there could be a bell at the bottom that rings when people have reached the standard level! I think a solution would be to have some legislation around licensing that forces the prevalent display of posters with similar content to carry warning labels. When researching for this, I looked at advertising, which I will talk about a little later. One internet site that I went to showed old Russian posters trying to stop the level of drinking that was happening in Russia during the 1970s and the 1980s. They were fantastic and could be re-used.

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Mr T.K. Waldron: I do not know how well they have done in Russia. Ms J.M. FREEMAN: It was in communist Russia. They would look funky in any small bars that were able to display them. All I am saying is that we need to be innovative about how we pass this message on. We need to make people know that it can be just as confidence boosting to drink in a moderate and responsible manner, and adult-like, as it is to get completely sloshed on a Saturday night, as the member for Mandurah has said he has done occasionally—certainly not now that he has twins, I am sure. Furthermore, we should consider whether nutritional information and a list of ingredients should be required to be included on the packaging of alcoholic beverages, which under current laws they are not. It might make a difference for many women if there was a calorie limit on them. If a calorie limit was put on it, it would probably reduce some of the drinking issues that women face. Frankly, it is a terrible indictment of our community at the moment that we do have body image issues. However, alcohol advertising is where I want to come to. I did look at it. Alcohol advertising is now at a place where advertisers are targeting young people and the vulnerable in our community. It is about being sexy. I would dare members to google Cointreau at the moment and have a look at its advertising. Cointreau is “Cointreauversial” at the moment and is advertised by gorgeous young women draped in oranges. The advertisement looks fantastic. There is also the whole aspect of lifestyle. Advertisers are selling a lifestyle. At Sydney airport an advertisement shows people sitting on an ice lake, which is not part of the global warming aspect. I cannot remember but I think it is advertising whiskey. They are fishing. Again, it is the whole issue of alcohol selling a lifestyle. We really need to address alcohol advertising. One of the great successes of the anti-smoking campaign is the fact that people took on the advertisers. Anyone who watched Mad Men would know that the smoking industry made some advertising companies in America, or at least that is the prevailing way that history is being portrayed. My 14-year-old son would never think of smoking; he thinks it is disgusting. Through the education campaign and because it has not been made sexy, there is nothing about it that adds to his confidence. He might do it because he wants to rebel, but, frankly, I am sure there are other ways in which he could rebel. However, drinking is an ongoing and difficult debate in our household, because he sees it as something to aspire to, which will make him cool and okay. Despite my saying differently, when advertising is focused on kids, lifestyle and confidence, there is the problem. I thought it would be interesting to look at the controversy in 1982 when Dr Tom Dadour introduced the Western Australian Smoking and Tobacco Products Advertisements Bill. Mr W.R. Marmion: He was the member for Subiaco. Ms J.M. FREEMAN: He was indeed. Looking through the Hansard, the Premier’s is the only other name I can see of a member who is currently in the house. The Labor Minister for Health, Barry Hodge, subsequently introduced legislation. [Member’s time extended.] Ms J.M. FREEMAN: Tom Dadour introduced the legislation and it was reintroduced by a Labor minister. It was defeated both times in the Legislative Council because two Liberals voted it down, although it had got through the Legislative Assembly. Tom Dadour said at page 4137 of Hansard — Basically, advertising sells the product—if not, why spend such large amounts of money on advertising? As the Minister for Health has rightly stated, the idea would be for all States to introduce similar legislation but Queensland would never agree to such a proposition, — It did have that strange Premier in those days — which has led me to introduce this Bill for the benefit of Western Australia. This legislation if passed would put Western Australia in the lead in Australia, similar to the lead it showed in the war against tuberculosis. … Surveys in three Australian States estimate that the percentage of children who smoke has risen from about 10 per cent in the late 1960s to the order of 25 per cent today. Repeatedly surveys show Australian children to be smokers of the most heavily advertised brands. In 2001, a United States study published in the journal Archives of Paediatrics and Adolescent Medicine tracked the behaviour of over 6 000 youths over several years and concluded that those with alcohol-branded merchandise, such as T-shirts and hats, were twice as likely to engage in risky drinking during their teens. Further, a comparison of 17 countries from 1970 to 1983 found that countries with a ban on advertising had 16 per cent lower consumption and 10 per cent lower motor vehicle fatalities than countries with no such ban. That information is cited in Hill and Casswell 2001, “Alcohol advertising and sponsorship: commercial freedom or control in the public interest?” The proof is there and it is an issue that we will have to address. I know that the minister does not agree with it and that he thinks it is something we do not have to do. The European Union

7464 [ASSEMBLY - Tuesday, 12 October 2010] and the World Health Organization specify that the advertising and promotion of alcohol need to be controlled. We do not control them. Currently, advertising of alcohol is only very lightly regulated. We have the “Drink Responsibly” slogan, which we do not use in a sustained and well-resourced way so that it is a properly instituted public health campaign. We need to do that. A European Union report of 2007 stated — As long as alcohol advertising is appealing to young people through humour, animation, bright colours and music, reinforcing the link between drinking and socialization and being accepted by peers, the codes will be ineffective in terms of reducing the pressure put on young people to drink. Basically, the report was saying that we cannot rely on voluntary codes. I take my hat off to organisations such as the WA Trotting Association at Gloucester Park because it has banned alcohol advertising and just has a point of sale. I think that is where we need to go, but we need to have that discussion. We need to do it gradually, but we need to start. We have those problems with our youth that are happening now. One of the other ways in which I think the state can prosecute this issue of advertising is to stop the price competition that currently occurs in local newspapers, which pushes volume sales. It is not about the local IGA selling a cheap two-litre carton of milk of Masters versus Brownes. This is about saying that they can sell two slabs of beer for such and such an amount, and asking who down the road can do that. That is why we have the barns. Frankly, we hate the barns. We have said that we do not want the barns. The barns exist because people can advertise alcohol that is sold in volume, so our kids can get drunk before they go out and then we have problems. We must start thinking much more strategically about how we approach this. We should take away the capitalist capacity for the market, so there is not this market-driven issue with advertising. I am okay with the fact that they can advertise their products to sell, but it is the attitude that people can get six bottles for so much and it is all on sale. We need to do something about it. Mr T.K. Waldron: We can tackle the liquor licenses here but it is really a national issue and comes under the Trade Practices Act. Ms J.M. FREEMAN: So is smoking, but we tackled it. We can do it in The West Australian and we can do it in the local papers. Mr R.H. Cook: That is like saying daylight saving is a national issue. Mr T.K. Waldron: Don’t start on daylight saving or we will be here all night! Ms J.M. FREEMAN: Anything is a national issue now. Mr T.R. Buswell interjected. Ms J.M. FREEMAN: The member should not start me on whether I think we should have state governments. We will not go there. Mr T.K. Waldron: I actually agree with some of what you are saying about advertising. The other thing is that we talk about sport and the sponsorship of sport. We have the best network of all to get the right messages out there and we do not use it. I think we should be using that more. I will talk about that. Ms J.M. FREEMAN: I do not disagree that we need a sustained and well-resourced education campaign. That is about health promotion and how we set up public health campaigns. We will not do that unless we tax them. We will not get that out of general revenue. We will not get the critical level that we need to be able to do it. We can use DrinkSafe and those sorts of things but unless they have the same sophistication as the “Cointreauversial” ads, we are just not going to get results. We are fighting big business, which uses advertising to sell to young people. Sport is being used to do that, too. Mr T.K. Waldron: We’re not using it the other way; that’s the problem. Ms J.M. FREEMAN: We should stop them advertising in sport. Mr T.K. Waldron: You’re not listening to what I’m saying. We’ve got a great network of sport and we can deliver a result. I have seen it happen. I have been involved in it. I will talk about it when I speak. Ms J.M. FREEMAN: I am listening to what the minister is saying. There is a reactive aspect to what he is saying. I am asking the minister to be proactive. He is being reactive. He is trying to stop people drinking. I am trying to take the sexiness out of it. I turn to the taxing of alcohol. While accepting that the current system of tax on alcohol in Australia is a federal responsibility, I believe that alcohol tax should be changed to reflect the quantity of alcohol in each product, with higher taxes for higher alcohol proportions. Introducing such a tax would make cheap, high alcohol content products such as cask wine increase in price significantly while more expensive bottled wine would only increase in price by a relatively small amount. Low alcohol content products would not see a substantial price rise, if any at all.

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Later I will talk about the capacity for police to seize and dispose of unopened liquor. I could look at some of the things that are occurring in the areas that I represent in Nollamara. Street drinking and antisocial behaviour are big problems. We cannot necessarily have bans and barring notices when most of the drinking occurs in the street. People buy five-litre horrible cask wine or Fruity Lexia and go down to Homeswest land—I have raised this with the housing minister—that has not been developed and consume large amounts of this stuff. If people can buy cheaper alcohol and buy larger volumes of it, they get a bigger bang for their buck. That is what people are doing, and that is alcohol abuse. We are trying to move our culture towards responsible drinking, and that will come through a volumetric tax. That is the mature way of dealing with this. We need to impose a tax on the volume of alcohol. It makes great sense. The method of taxation proposed by the Henry tax review was a volumetric tax. Such a tax would work by attaching tax rates to thresholds of alcohol content. For example, there could be different tax rates beginning at 3.5 per cent, five per cent, seven per cent, 10 per cent, 15 per cent and 22 per cent alcohol content. I have a couple of questions. The first relates to sly grogging. Will police be able to restrict patrons from going into liquor stores repetitively with the intent of supplying alcohol to those who could not be served because they are too intoxicated, which tends to be an issue of street drinking and antisocial behaviour? One of the other things I would like to raise is the issue of alcohol in newly arrived communities. For example, when I go to a Sudanese function, the Sudanese do not drink. They drink water and eat Kentucky Fried Chicken. I never get the Kentucky Fried Chicken bit. They are facing a real issue in their communities at the moment with alcohol consumption, as are some of the Muslim communities. These people need a good education campaign about the new laws if we have these bans and police have the capacity to empty bottles et cetera. They have come to a country in which they think they have freedoms. If a copper suddenly comes along and takes their bottles of alcohol and empties them out, they will think their freedom is being impinged because that is what they have come here for. They will start getting into arguments, saying, “This is not how police should work. I didn’t think I came to a police state.” Suddenly, we are in two places where we should not be because we were trying to protect the community from antisocial behaviour. All I am saying is that with these new laws comes a social responsibility to educate communities that have not been exposed to the issues and ongoing changes to laws. This may include some of the other communities, such as Indigenous communities, communities that are unfortunately affected by alcohol more than the mainstream communities. One of the big things that we have been able to achieve in the area of alcohol consumption through occupational health and safety is stopping the consumption of alcohol in the workplace. I think we need to look at how this occurred because it is a systemic issue of health and safety and we need to think strategically about how we ensure that continues in a broader context. I am talking about advertising and putting a price on alcohol that actually reflects the damage that large volumes of alcohol can cause. In closing, I acknowledge the comments made by the member for Gosnells about the profession of hospitality. Having worked in the hospitality industry and having represented hospitality workers, we should try to enhance the responsible use of alcohol as part of our culture and try to improve those sorts of things. Sometimes just placing the burden on workers to police these things is difficult unless they are backed by their employers. We can get them to train so they can serve alcohol responsibly but when we have forced drinking or a culture that is built on trying to sell as much alcohol as possible, it is pretty difficult for workers to say, “I can’t serve you any longer” without the protection of their employer. With the bans and these other things, we need to ensure that the employer takes responsibility for the bans and these other measures and does not just place the responsibility on employees and subject them to situations which, frankly, they should not have to be subjected to. MS A.S. CARLES (Fremantle) [10.17 pm]: This legislation has been rushed through without very much industry consultation. It will have fairly severe impacts on the industry, which I will go into shortly. Parts of the legislation look like it is based on populism as opposed to being based on evidence. Nobody in the chamber would deny that binge drinking environments are a problem in Western Australia. However, whether many of the proposed changes will address this is questionable. I will turn to what measures we could be taking to reduce alcohol-fuelled violence later. First, I will take a quick look at some of the problems that I see with this legislation. As I said, it has been rolled out fairly rapidly without consultation. It certainly takes a heavy stick approach to the hospitality industry. It is worth looking at the economics of that industry and what it provides for our economy. I will quote some industry figures from the Business Improvement Group of Northbridge. Northbridge is critical to hospitality and tourism in Western Australia. It contributes $691 million to gross state product; provides 1 035 direct and indirect full-time equivalent jobs; provides $55 million in direct tourism expenditure, and growing; and will provide over $4 billion in forecast expenditure over the next five to 10 years. So it is very important to remember that this is an industry that creates employment opportunities for hospitality and entertainment staff in this state, and for band staff and their teams of support crews. I will, therefore, be very interested to know what evidence the minister has about what the consequences will be for this industry in terms of staffing levels and contribution to gross state product when these measures come into play.

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The issue of lockout by regulation is problematic. Lockouts are currently applied on a case-by-case basis. I note that the Brass Monkey is currently appealing its midnight lockout and is trying to get back its 2.00 am closing time. Lockouts may have unintended consequences. A lot of academic research is being done throughout Australia on this issue. Basically, all we can say is that the jury is definitely out on whether lockouts are effective in meeting their objectives. As I have said, the proposed lockout mechanism in this legislation is via regulation. That means that the minister may announce that a lockout will apply to the whole of the Northbridge district. This may discriminate against good business operators, because it will remove their right to due process and to be heard. Business operators should not be hit with a lockout when they have been following all the rules and have not been creating any problems. I also want to touch quickly on the fee structure. I understand that the fee structure is to be increased in accordance with the Victorian model. In Victoria, the pubs and clubs have pokies that support their fee structure. I have heard that the Queensland fee model would be a lot fairer for Western Australia. The industry representatives whom I have consulted would support a Queensland-style fee structure, because they simply want certainty and fairness for their businesses. I now want to touch on some of the unintended consequences of lockouts. It may lead to confrontations at the front door of clubs, because there will be confusion among patrons about what venues are open and what venues are closed. Shift workers may find it problematic if they want to have a drink after work. They probably would want to go to the Brass Monkey and have a drink, but now that the Brass Monkey has to close at midnight, if they get there at five past 12 they will be pushed into some of the nightclubs earlier. So there will be the issue of early migration into nightclubs because of the proposed midnight lockout in pubs. Of course at nightclubs there is less choice—there is standing room only, there is a lot more drinking, and there are no food options. As a result, lockouts may cause instability and uncertainty in the industry, and lead to fights. They may also lead to large groups of young people roaming the streets trying to find a nightclub that is open. I also want to raise the issue of barring notices. I understand that the minister has proposed some amendments so that the publication on the web will be done through a restricted site as opposed to being open to the world. However, many staff members will be able to access that site. I am very concerned about what they may do with that information and about how it may be used against people and be published in various other forms et cetera. The legislation will also place a legal obligation on bar staff to know which people have been barred. That may make it even more difficult for licensees to attract hospitality staff. I am obviously very concerned about the issue of alcohol-fuelled violence in our society. The member for Nollamara raised many of these issues in her speech. One important issue is pricing. There is a large number of liquor barns in my electorate of Fremantle. Near my home in South Fremantle, there is an absolute proliferation of cheap liquor outlets. In the past six months, I have been contacted by constituents about two more applications that have been made, one on the corner of Douro Road, and one on the corner of Hampton Road. Both those applicants have had to go to the State Administrative Tribunal to get their applications through, because the local council was responding to community opposition and did not want those outlets to get up. However, it looks as though they have succeeded through the SAT process, so we will be getting more cheap liquor outlets in Fremantle. The real issue with binge drinking is the need to educate our kids. I would like the state government to spend a lot more money on educating our children about the health effects and the dangers of binge drinking. Let us take a close look at how drinks are packaged and marketed to our children. There is so much there that we could change. Let us look at messages, just as we did with smoking. As the member for Nollamara has said, her kids would not go near a cigarette; and neither would mine. I have taken my kids overseas, and they point at people who are smoking, because in Australia it is quite rare now to come across people who are smoking. Liquor advertising is a big one. We should be clamping down on the advertising of alcohol. It just glamorises drinking for our youth. When I was watching the grand final recently, I could not believe the number of beer advertisements that were being shown on prime-time television. Mr P.B. Watson: Was that the one where Collingwood won? Ms A.S. CARLES: That was the one. They led out with alcohol advertisements, and every time there was an ad, there was another alcohol advertisement. I do not even like beer, but I started thinking, gee; it would be nice to have a glass of beer. So we really need to look seriously at the advertising of alcohol. The other issue that we do not talk about in this place is drugs. This is a huge, huge issue that is contributing to what is going on in our streets. I am not talking just about cannabis, which we talked about recently in this place, because the research shows that the use of that drug is declining anyway. I am talking about amphetamines, butane abuse, cocaine, ice and ecstasy—the serious, serious drugs that are on our streets, that are cheap and that our youth are getting hold of. These are the issues that we really need to get serious about in this Parliament, too. That is certainly contributing to the violence on our streets, and also to the chaos in our hospitals.

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We need to look also at providing more public transport and taxis to get people out of the entertainment precincts; at putting more funding into police; and at booze buses and random breath tests and all those sorts of measures. What I am saying is that this legislation will certainly make things more onerous for the hospitality industry. It will add layers of uncertainty for the industry. I question whether that will solve the real issue of alcohol abuse in our community. Debate adjourned until a later stage of the sitting, on motion by Mr R.F. Johnson (Leader of the House).

PAPER TABLED A paper was tabled and ordered to lie upon the table of the house.

TELECOMMUNICATIONS (INTERCEPTION) WESTERN AUSTRALIA AMENDMENT BILL 2010 Second Reading Resumed from 11 August. MS M.M. QUIRK (Girrawheen) [9.38 pm]: I think no-one in this chamber would dispute that the use of telephone intercepts by investigative agencies is an extremely useful tool. In Western Australia, the power to intercept telephone communications has been used since the legislation was passed in 1996. Why telephone intercepts are a highly useful investigative tool is that they can be used, for example, to task surveillance, and to oversight meetings or assignations between people engaged in criminal enterprises. They can form the direction of an investigation, and they can prove associations between people who possibly deny that they know one another. They can firm up in the minds of investigators the culpability, lack of culpability or level of capability of people of interest. They can demonstrate, for example, unequivocally that people have been lying to authorities. Quite often there is a situation in which a person will say one thing when interrogated by the police, and then get on the phone and brag to his mates that he has managed to fool the police in what he has told them. Telephone intercepts are a very intrusive power, and for that reason their use is restricted to serious offences. As I said, the use of the product of those intercepts can be used either in criminal prosecutions as part of the prosecution case or for intelligence purposes. I seem to recall, although my memory is somewhat dim, assisting WA Police to draft the 1996 act, because I was at that time working at the National Crime Authority and had responsibility for making applications to the Federal Court, and later to the Administrative Appeals Tribunal, for telephone intercept warrants. In relation to popular culture, it would be remiss of me to not mention The Wire. Although the method used by the people in that program to obtain their intercepts was somewhat unconventional, unorthodox and at times unauthorised, I believe that demonstrates very effectively the important contribution that telecommunications interception makes to infiltrating serious criminal organisations and organised crime that other investigative methodologies cannot manage to infiltrate. This legislation comes under the umbrella of the commonwealth Telecommunications (Interception) Act 1979. When the Western Australian legislation was passed in 1996, WA police were given the power of interception under the umbrella of the commonwealth act. Subsequently, when the Corruption and Crime Commission was created, it too was given the power to intercept telephone calls. Since the state legislation was passed, there have been a number of changes to the commonwealth law. Therefore, this bill, which is fairly narrow in scope, sets out consequential amendments that need to be made to the state act to line it up with the arrangements in the commonwealth legislation. Under previous arrangements under the commonwealth legislation, a copy of the warrant and of any revocation notice was to be given to the state minister, who then forwarded it to the commonwealth minister. Now, under the commonwealth legislation, the requirement is that the warrant and/or notice of revocation of the warrant are sent directly to the commonwealth. Therefore, there is no longer any necessity for the state minister to sight the warrant or notice of revocation and forward it to the state minister. I should stress that, with every application for a telephone intercept, there is an affidavit. The minister does not get that affidavit. The affidavit really is the meat of the application, and it sets out the grounds on which it is believed that acquiring an intercept will afford evidence of the commission of a serious offence that either is about to happen or has happened. These amendments are really about lining the state legislation up with the commonwealth act. However, because there is no longer a necessity for the state minister to sight the affidavit or the notice of warrant revocation, the government says that it will still, nevertheless, retain the ability to have access to that material. The opposition intends to move amendments about that, because, as I will say a bit later, I believe that there is absolutely no necessity for the state minister, be it the Attorney General in the case of the CCC or the Minister for Police in the case of the police, to see those warrants, and I think I have very cogent reasons why that should be the case, but I will go into that a little later.

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However, I want to talk a bit about telephone intercepts as they operate in Western Australia, because there has been very little debate on how the TIs have been working since the act was introduced in Western Australia in 1996. Therefore, I want to canvass a range of other matters relating to telephone intercepts. I might be a little old-fashioned because of my previous employment, but I believe that telephone intercept products should be used for investigative purposes and for the prosecution of serious criminal offences. I have strong views that they should not be used to satisfy the prurient curiosity of, shall we say, officious bystanders. For that reason, I have had concerns for some time about the CCC, and in particular the timing of the CCC, releasing telephone intercept product to the media. When I was involved in this area, there were absolutely robust controls on taking copies of product, and we had very strict record-keeping requirements. Suddenly, we have a situation in which the media officer at the CCC is handing out DVD copies of telephone intercept product to the media in the foyer of the CCC building. I am not defending any of the people who necessarily appear before the CCC, but this is at a time when there has been no finding of guilt, and there may well still be the contemplation of those persons of interest being ultimately charged. One has to say that a selective collection of telephone interceptions played in the media and on websites before anyone has even been charged can create an enormous amount of prejudice, and I think that is beyond the scope of what the telephone interception regime is all about. Therefore, if at some future time we revisit the role of the CCC, I certainly believe that the telephone intercept material, and the distribution of it, needs to be very severely restricted until prior to trial, and for the obvious reasons. Satisfying people’s prurient curiosity is not what this is about. This is a very expensive and lengthy process, and anything that prejudices the ultimate outcome in the court needs serious consideration. It is not only that; what is released tends to be extracts only, and that can create a very false and sometimes prejudicial picture. The situation is quite different if the conversations as a whole are listened to. I believe that the CCC has abused its privilege and that some constraints should be put on the distribution of TI material by the CCC to the media. The second issue that I want to raise, which is of particular relevance in Western Australia, is that there is, if members will excuse the expression, an anomaly or a quirk in the law here. Some years ago, Federal Court judges were the ones who heard applications for telephone intercept warrants. That was an administrative, rather than a judicial, function. However, there was a case that went on appeal to the Full Court of the Federal Court, and the judges generally felt uncomfortable about having to sit in judgement on one of their fellow judges who had made what was an administrative, not a judicial, decision. The federal government then changed the situation so that we went to senior members of the Administrative Appeals Tribunal to get a telephone intercept. As I said, there is an anomaly in Western Australia because Family Court judges were categorised as, or equivalent to, Federal Court judges and they also heard telephone intercept applications, and still do today. Inevitably, one would be fitted in at lunchtime and after hours and in between very pressing matters that had nothing to do with criminal law but were matters of custody, divorce and other family matters. I have to say that while I am sure those judges are capable in their field, they have no particular expertise in telephone intercepts. For that reason they got a reputation of being a soft touch. There is a bit of a tradition that has formed in Western Australia, and rather than going to AAT members, who are used to this jurisdiction and see many more of the applications and are able to assess which ones have a strong basis for granting a warrant and which are weak and flimsy, there is a tendency to go down to the Federal Court and, if one likes, to forum shop because it is believed that Family Court judges, who slot this in between all their other business, are a bit of a soft touch. I believe that Family Court judges should be excluded from granting telephone intercept warrants. The next thing I want to talk about is the resourcing required for the operation of telephone intercepts. As I have already said, it is very important in the operation of telephone intercepts that there is proper support and resourcing so that the product can be used in a timely fashion. If product is received late, the meetings that I talked about—the assignations between co-conspirators or the importations—might have already taken place. There are a range of matters that are germane to the investigation which might be severely compromised if that telephone intercept product cannot be dealt with in a timely fashion. That means there needs to be good support staff that monitor the intercept. There need to be analysts; for example, an analyst would see that a person has rung and they will then have to do a search on that number, find out the identity of the person who has been rung by the person under investigation and they will need to do some research on them, where they live and what is the connection and so on with the criminal organisation. That all takes time and the specialist attention of what are known as analysts. Increasingly these days a lot of the conversation will not be in English; it will be in a foreign language which will require translators. There is no point in having a telephone intercept product if it is in a foreign language that the investigators do not understand. For this reason, they also need to provide translators. All this is very costly. In fact, the report of the Joint Standing Committee on the Corruption and Crime Commission tabled in Parliament last month, September 2010, by the member for Perth, sets out at page 141 the additional funding that WA Police need to fight organised crime. They list, for example, things like monitoring for telephone intercept and listening devices, for which they need 16 level 3 officers at an estimated cost per annum of $880 000; five level 5 analysts at $460 000, transcription services requiring another $600 000 a year, and translating services with secure and trusted translators, at $330 000 a year; technicians who might

[ASSEMBLY - Tuesday, 12 October 2010] 7469 also have a role in terms of surveillance devices, but generally two level 7 officers at $240 000; disclosure officers, which are to do with accountability and so on. They are the kind of costs that are associated with operating a telephone intercept, and, as I said, foreign language is a particular problem that was highlighted in evidence before this committee. As organised crime becomes more and more cognisant of criminal investigative technology and methodologies, criminals will do everything to evade detection, and that includes talking in a foreign language. I say to the minister that it is all very well to have these tools, and there is no question that they are incredibly useful, but they may well be used less if police begin to find them less effective because they do not have the necessary support staff. Finally, I want to go over the issue of the amendments. In the second reading speech, the minister conceded — Despite the change in notification requirements under the commonwealth act, it remains open for the state to require the continuation of its reporting obligation on the part of WA Police and the Corruption and Crime Commission. In this way, the relevant state minister remains aware of the matters that WA Police and the Corruption and Crime Commission are engaged in under the commonwealth act. I ask the minister why that is necessary. It is absolutely not essential, and I think it could be potentially prejudicial for the investigation. I think we need to bear in mind that the minister does not get the affidavit, does not get the full background and will not be able to make an assessment as to whether the evidence founding the warrant is good, bad or indifferent. All the state minister will have in front of him or her is the warrant that will give the name of a person; but in terms of oversight and whether the minister can make an assessment as to the appropriateness or otherwise of police taking action it is of absolutely no use to the minister. Mr R.F. Johnson: In your view. Ms M.M. QUIRK: It is from my professional experience, minister. I say to the minister that I intend to debate the amendments at the appropriate time and the minister will need to explain this to me. I can see absolutely no reason for it. If the minister is saying it is there to make sure the police do not abuse what is a very intrusive power, the minister needs to explain to me how having a copy of a warrant with someone’s name or telephone number on it will assist him in doing that. The only thing it will do is satisfy the minister’s prurient curiosity. Frankly, if I were the minister I would not want it. Perth is a very small town. The minister will have the knowledge in the back of his head that Mr X or Miss Y are the subject of telephone intercepts, and that will alter his behaviour, and sometimes that is noticed. Frankly, the minister’s having that knowledge could potentially compromise the investigation. I can speak from personal experience, minister. I have met in a social context someone whom I knew was likely to be talking to someone on a telephone intercept. I tried to avoid being near that person at that particular function, but it was noted. It was known where I worked, and it was noted that I was trying to keep some way away from that individual. Without knowing it, the minister will make unconscious efforts because of the knowledge he has, and that may well give the game away. As I said, I do not think that that bit of information is sufficient for the minister to make an assessment as to whether police are abusing their powers or otherwise. I am it, and then we will go. I am just about finished, member for Darling Range, and as soon as the member stops talking and interrupting me I will be able to finish and he can go. Can I just say, minister, that we do support the bill but we believe the process can be streamlined. We think that the elimination of the circulation of what is highly sensitive information to third parties—the minister has a number of staff in his office and I know that envelopes arrive with “confidential” written all over them and the minister probably has a regime in his office that only certain people are allowed to handle that — Mr R.F. Johnson: Shall I tell you what happens? A police officer or two arrive at my ministerial office, they are brought into my own office and the doors are closed. The only people who see anything in relation to the telephone intercepts that I sign off on in my office are me and the police officers who bring them. Ms M.M. QUIRK: So the minister signs off on them and they go away. Does the minister not keep any paperwork in his office? Mr R.F. Johnson: Absolutely not. Ms M.M. QUIRK: That is good. That is a start. In that context, would the minister sight the name or telephone number on the warrant? Mr R.F. Johnson: I can do. Ms M.M. QUIRK: Would it be true to say that from time to time the minister has recognised a name? Mr R.F. Johnson: No; never. Ms M.M. QUIRK: The minister has never recognised a name? Mr R.F. Johnson: I do not believe I have.

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Ms M.M. QUIRK: That is fantastic. I am pleased that the minister does not move in those sorts of circles. Perth is a very small place, minister. All I am saying is that other jurisdictions do not believe they need it. Quite a number of other states do not do it, as I understand it. New South Wales and South Australia have said that they do not want it and Victoria has said that it does. A number of state ministers seem to think that they can sleep at night without having knowledge that they will have to take to their grave and knowing that if they disclose it, someone will have to kill them. I am sure that both the Minister for Police and the Attorney General are discreet and tactful and will respect the constraints put on them under the legislation and will observe confidentiality. However, by my reasoning, there is no good justification for having it. It would be much better to follow the situation that occurs in New South Wales and South Australia and for the Minister for Police to take this opportunity to accede to the amendments. Debate adjourned, on motion by Mr R.F. Johnson (Leader of the House). House adjourned at 10.02 pm ______

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QUESTIONS ON NOTICE

Questions and answers are as supplied to Hansard.

STATE BUDGET — FEES AND CHARGES INCREASE 3797. Mr B.S. Wyatt to the Parliamentary Secretary representing the Minister for Transport I refer to Question on Notice No. 2464 asked in the Legislative Council, and Tabled Paper 2169 which details each increase above the inflation rate for individual fees and charges. For each of the individual fees and charges listed in Tabled Paper 2169 please provide: (a) the expected revenue raised in: (i) 2010–2011; (ii) 2011–2012; (iii) 2012–2013; and (iv) 2013–2014; and (b) the revenue expected to be raised solely as a result of the increase to the fee or charge in: (i) 2010–2011; (ii) 2011–2012; (iii) 2012–2013; and (iv) 2013–2014. Mr M.J. COWPER replied: (a) The expected revenue to be raised for each of the individual fees and charges in: (i) 2010-11; (ii) 2011- 12; (iii) 2012-13; and (iv) 2013-14 is — Total Expected Revenue 2010-11 2011-12 2012-13 2013-14 LIST OF FEES OR CHARGES $ $ $ $ CONTROLLED FUNDS REVENUE (a) Operations Division Marine Safety Business Unit Boat Registration 0.00 to 4.99 metres 4 355 551 4 491 488 4 631 667 4 776 222 5.00 to 9.99 metres 5 907 000 6 091 357 6 281 469 6 477 513 10.00 to 19.99 metres 1 175 760 1 212 455 1 250 296 1 289 318 20.00 metres & over 29 070 29 977 30 913 31 878 Further Examination for Certificate 48 475 49 493 50 532 51 594 (Additional Oral Examination) Oral examination conducted at a place/time outside normal location (Attending an Oral 9 307 9 503 9 702 9 906 exam at a location other than DOT Fremantle) Application for Revalidation of a Certificate (Master Class V, Coxswain, Marine Engine Driver Grade 2) (Revalidation of a Certificate 198 240 202 403 206 654 210 993 of Competency, Cox Instructor Ski Boat, MC5 or MED2) Application for Revalidation of a Certificate (Master Class 3,4, Mate Class 4, Marine Engineer Class3, Marine Engine Driver 96 950 98 986 101 065 103 187 Grade 1) (Revalidation of a Certificate of Competency MC4, MC3, MED1 or MEC3) Application for Acceptance of Cert of Competency issued by Other Marine Authority (Recognition & Issue, if approved, 11 634 11 879 12 128 12 383 of a interstate USL or NSCV Cert of Competency)

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Passenger Services Business Unit Taxi Industry Development Fund Periodic Leased Plate Fee: Restricted area taxis — Armadale/Gosnells, 41 600 41 600 41 600 41 600 Wanneroo, Rockingham/Kwinana Rail Safety Business Unit Annual fee including variations, fee per km of

track - for an owner 512 046 522 799 533 777 544 987 - for an operator 1 547 760 1 580 263 1 613 449 1 647 331 (b) Licensing Division Motor Vehicle: Plate Fees: Plate Fee (Ordinary) 8 242 257 8 415 345 8 592 067 8 772 501 Plate Fee Dealer 11 154 11 388 11 627 11 871 Plate Remake (Ordinary) 133 123 135 919 138 773 141 687 Other Revenue: ICWA Commission (changed from % fee to 15 519 803 15 845 719 16 178 479 16 518 227 transaction fee) Total 37 839 730 38 750 574 39 684 198 40 641 197

(b) the revenue expected to be raised solely as a result of the increase to the fee or charge in: (i) 2010-11; (ii) 2011-12; (iii) 2012-13; and (iv) 2013-14 is —

Total Expected Revenue solely from the increase of fees 2010-11 2011-12 2012-13 2013-14 LIST OF FEES OR CHARGES $ $ $ $ CONTROLLED FUNDS REVENUE (a) Operations Division Marine Safety Business Unit Boat Registration 0.00 to 4.99 metres 89 690 91 573 93 496 95 460 5.00 to 9.99 metres 121 720 124 276 126 886 129 551 10.00 to 19.99 metres 24 140 24 647 25 165 25 693 20.00 metres & over 600 613 625 639 Further Examination for Certificate 25 975 26 520 27 077 27 646 (Additional Oral Examination) Oral examination conducted at a place/time outside normal location (Attending an Oral 658 672 686 700 exam at a location other than DOT Fremantle) Application for Revalidation of a Certificate (Master Class V, Coxswain, Marine Engine Driver Grade 2) (Revalidation of a Certificate 72 240 73 757 75 306 76 887 of Competency, Cox Instructor Ski Boat, MC5 or MED2) Application for Revalidation of a Certificate (Master Class 3,4, Mate Class 4, Marine Engineer Class3, Marine Engine Driver 51 950 53 041 54 155 55 292 Grade 1) (Revalidation of a Certificate of Competency MC4, MC3, MED1 or MEC3) Application for Acceptance of Cert of Competency issued by Other Marine Authority 4 968 5 073 5 179 5 288 (Recognition & Issue, if approved, of a interstate USL or NSCV Cert of Competency) Passenger Services Business Unit Taxi Industry Development Fund Periodic Leased Plate Fee:

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Restricted area taxis — Armadale/Gosnells, 9 600 9 802 10 007 10 218 Wanneroo, Rockingham/Kwinana Rail Safety Business Unit Annual fee including variations, fee per km of

track - for an owner 58 054 59 273 60 518 61 789 - for an operator 189 612 193 593 197 659 201 810 (b) Licensing Division Motor Vehicle: Plate Fees: Plate Fee (Ordinary) 2 068 127 2 111 557 2 155 900 2 201 174 Plate Fee Dealer 2 959 3 021 3 085 3 149 Plate Remake (Ordinary) 36 727 37 498 38 286 39 090 Other Revenue: ICWA Commission (changed from % fee to 985 208 1 005 897 1 027 021 1 048 588 transaction fee) Total 3 742 227 3 820 813 3 901 051 3 982 973

KALEEYA HOSPITAL — BLOOD SAMPLES FROM WOMEN IN LABOUR 3798. Mr R.H. Cook to the Minister for Health (1) Will the Minister confirm whether Kaleeya Hospital is routinely taking blood from all women presenting to the hospital in labour, including those regarded low-risk and from common blood groups, irrespective of whether they pose a high-risk birth or are from a rare blood group; and (a) if yes, please provide the clinical evidence which demonstrates why this practice is deemed necessary and desirable? (2) Is this same practice of taking blood from all women presenting in labour also undertaken at Western Australia’s other public maternity hospital facilities? Dr K.D. HAMES replied: (1) Yes, as requested by medical staff. (a) Obstetric cases often have a high likelihood of blood loss despite the mitigation and management of controllable factors. Primary post-partum haemorrhage occurs in 3.9%–6.4% of deliveries1, and 2/3 cannot be predicted2. The amount and rate of blood loss varies and this can lead to unexpected and urgent need for blood products. To mitigate risk a policy has been implemented at Kaleeya Hospital that all women are required to have a group and hold blood sample taken at the time of birthing. This is to be transported over to Fremantle Hospital within two hours of arrival or immediately if birth is imminent. Notes 1. KEMH clinical guidelines 9.1.1 Primary post partum haemorrhage (2004). 2. Framework for prevention, early recognition and management of postpartum haemorrhage, NSW Health Department (2002). (2) South Metropolitan Area Health Service No, the policy is specific to each maternity hospital and is determined by the availability of a blood bank on site or close proximity to the facility. Kaleeya Hospital does not have a blood bank on site. North Metropolitan Area Health Service King Edward Memorial Hospital, Swan Kalamunda Health Service and Osborne Park Hospital do not routinely take blood from low risk women presenting to the hospital in labour. Samples will be drawn, with the patient's consent, when an intervention is required such as an intravenous line or epidural analgesia or where there are associated risks to the confinement. WA Country Health Service The collection of blood is not routinely taken from women presenting in labour at WA Country Health Service hospitals.

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In country hospitals maternity clients will have blood taken if they have no antenatal documentation related to blood group, rhesus status, haemoglobin level and antibody status. They may also have blood taken if there is an indication of high risk or the level of medical intervention escalates.

HERITAGE OF WESTERN AUSTRALIA ACT 1990 — PROPOSED AMENDMENTS 3800. Mr J.N. Hyde to the Minister for Heritage On 20 December 2010, the Minister told The Sunday Times that the Heritage Council had been developing revised provisions that increase the quantum and scope of the penalties for breaches of the Heritage of Western Australia Act 1990, and I ask: (a) when did the Minister receive proposed amendments to the Act from the Heritage Council; (b) when did the Minister submit the amendments to Cabinet; and (c) if this has not been done, why not; and (d) when will the Minister introduce the proposed amendments into the Legislative Assembly and when does the Minister expect the Bill to be passed? Mr G.M. CASTRILLI replied: (a)-(c) Work is continuing on the preparation of the amendments to the penalty provisions in the Heritage Act and I will make an announcement at an appropriate time..

GUILDFORD HOTEL — ROOF CONSTRUCTION 3801. Mr J.N. Hyde to the Minister for Heritage In relation to the Guildford Hotel and comments by the owner of the roofless heritage-listed building in The West Australian on 13 August 2010 stating that he had kept the Minister updated, and in relation to the Minister’s statement in The Sunday Times on 20 December 2009 that he had directed the Heritage Council to help accelerate preservation efforts, I ask: (a) does the Minister agree with the owner’s statement in The West Australian that engineering advice stated that he did not need to roof it for another couple of years; (b) does the Minister agree with a statement by the Executive Director of the Heritage Council, Graham Gammie, on 27 June 2010 in The Sunday Times that a roof should be constructed; (c) on what dates and at what meetings has the Minister advocated to the owners that the building should be roofed; and (d) exactly what accelerated efforts has the Minister or his agency undertaken which have achieved measurable preservation of the listed building? Mr G.M. CASTRILLI replied: (a) It is a matter for the owners to determine which engineering advice they accept in dealing with their property. (b) Yes. (c) I personally met with the owners on-site on 7 April this year and stated my preference that the Hotel be re-roofed. (d) It should be noted that the Heritage of Western Australia Act 1990 does not contain any provisions that impose minimum maintenance standards, or enable the Heritage Minister or the Heritage Council to compel an owner of a registered place to undertake works at its direction. It is essential therefore that the Heritage Council works constructively and co-operatively with the owners to ensure that any issues that may delay the repair and redevelopment of the place on heritage grounds are minimised. In this regard, the Office of Heritage processed the City of Swan's development referral for works to make the building safe on 14 January this year within 24 hours of receipt. The Office has provided advice to the owners on other examples of heritage buildings that have been damaged and restored. The Office of Heritage continues to seek to work closely with the owners and their consultants to encourage their progress through the planning process and to resolve heritage issues as this arise. RED BULL AIR RACE — CANCELLATION 3802. Mr J.N. Hyde to the Minister for Tourism Minister, in relation to the Government’s inability to prevent the cancellation of the Red Bull air-race, coupled with the situation where there is no replacement for that event, I ask:

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(a) is the Minister aware of the extensive international media coverage Perth, as a race destination, received through significant television presence in Asia, the United States and Europe on networks such as ESPN, AXN, Channel News Asia, ASEAN TV, Al Jazeera, CNN and associated news feeds; and (b) with $3 million of scarce State Government funding allocated to the One Movement for Music Festival, can the Minister detail the international television networks and programs which carried similar extensive Perth-centric coverage of the One Movement for Music Festival last year and which are locked in already for this October’s festival? Dr E. CONSTABLE replied: The Member's preamble is incorrect. The organiser of the Red Bull Air Race chose to cancel the event worldwide in 2011 and revaluate its future. This cancellation was beyond the Government's control. All host destinations around the world found themselves in the same position. (a) Yes. (b) The Member's preamble is incorrect: $900 000 has been budgeted for payment to the organisers of One Movement For Music in 2010, provided they meet contract milestones. Eventscorp has budgeted an additional $75 000 for marketing expenses and associated costs. Channel [V], the brand name for international music television networks owned by STAR TV which is an Asian TV service owned by Rupert Murdoch's News Corporation, broadcast the One Movement For Music Festival in 2009. Space Shower TV, a Japanese satellite and cable television channel, and Channel [V] are covering the event in 2010. It is not appropriate to compare the television coverage of a high action, world championship motorsport event like the Red Bull Air Race that had been around for six years with a cultural event like One Movement For Music, which is now only in its second year. Traditionally, sporting events attract broader electronic media interest and higher ratings than music events. Other forms of international media, including digital/online, print and radio, are being used to promote the One Movement for Music event and Perth. EAST PERTH URBAN REGENERATION 3803. Mr J.N. Hyde to the Minister for Planning In relation to the Report on Consultants Engaged by Government tabled in the Legislative Assembly on 19 August 2010, I ask, with reference to the East Parade Urban Regeneration consultancy for $41,842 by the Western Australian Planning Commission: (a) what was the premise of the consultancy, given that the Government has failed to release its plans for the East Perth Power Station site, the major block on traffic and planning in East Parade; (b) what was the outcome and recommendation of the consultancy; (c) what is the Minister’s vision for land on East Parade behind the East Perth Power Station; (d) what is the Minister’s position on reconnecting Summers Street with an overpass onto East Parade; and (e) that, if any tabled papers are referred to, they are included, in full, in the answer. Mr J.H.D. DAY replied: The subject consultancy relates to the East Parade Regeneration Project (EPRP). (a)-(d) The East Parade Urban Regeneration consultancy forms part of the EPRP, and proposes redevelopment of residual road reservation at the intersection of East Parade and Guildford Road. The land is no longer required for Primary Regional Roads (PRR) purposes has been rezoned from PRR reserve to Urban zoned land via Amendment 1181/57 to the Metropolitan Region Scheme. The EPRP consultancy incorporated urban design and preliminary planning to assist in ongoing planning including subdivision plans and design guidelines to inform development of the land to provide dwelling diversity and maximise the locality's proximity to public transport. (e) There are no tabled papers referred to in this response. POPULATION AND LAND USE STUDY, SCARBOROUGH 3804. Mr J.N. Hyde to the Minister for Planning In relation to the Report on Consultants Engaged by Government tabled in the Legislative Assembly on 19 August 2010, I ask, with reference to Population and Land Use Study for Scarborough Beach Road consultancy for $1,513.69 by the Western Australian Planning Commission:

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(a) what was the premise of the consultancy; (b) what section of Scarborough Beach Road did it apply to; (c) what was the outcome and recommendation of the consultancy; (d) what is the Minister’s vision for Scarborough Beach Road; and (e) that, if any tabled papers are referred to, they are included, in full, in the answer. Mr J.H.D. DAY replied: (a) The population and land use target study was developed as part of the Scarborough Beach Road Activity Corridor project to: - Undertake analysis of existing land use and demographic data of the corridor (West Coast Highway to Charles Street) and immediate surrounds to determine the catchment of the corridor; - Determine land use and population targets for the corridor based on the above analysis and within the broader context of WA Tomorrow and Directions 2031 targets and principles; and - Assist in determining the future role and function of the precincts, centres and links across the Scarborough Beach Road corridor. (b) The length of Scarborough Beach Road, from Charles Street (North Perth) to Scarborough Beach (Scarborough). (c) The study recommended general population targets and land use requirements along the length of the corridor that are being further refined through the land use and urban design components of the project. (d) The Scarborough Beach Road Activity Corridor Project is a strategic land-use and transport planning exercise that is being developed through a partnership between the Department of Planning, City of Stirling and Town of Vincent. The project is guided by principles that describe a vision for the area: - Design road concepts to reduce car dependence and increase street legibility on and around Scarborough Beach Road; - Make Scarborough Beach Road more pedestrian, cycling and public transport friendly through developing key nodes along the road; and - Provide guidance for appropriate urban development abutting the road that will result in a better built environment and enable greater clarity for future development. (e) There are no tabled papers referred to in this response. COAL-FIRED GENERATION PROJECTS — CARBON EMISSIONS 3805. Mr C.J. Tallentire to the Minister representing the Minister for Energy I refer the Minister to a recent Environmental Protection Authority report (Report 1358, May 2010, found at http://www.epa.wa.gov.au/docs/1358/Rep1358PerdamanPER10510.pdf) which notes that projects, comprising significant coal-fired generation projects, could add more than 20 million tonnes per annum (MTPA) to Western Australia's current emissions of 76.3 MTPA. In addition, projects currently being assessed could add a further 36 MTPA. Given that this will potentially increase Western Australian emissions by 75% over the next few years, could the Minister outline how the objectives of the Strategic Energy Initiative, namely, minimising carbon emissions and sound environmental stewardship, can be reconciled with this likely scenario; and (a) if not, why not? Mr W.R. MARMION replied: The Government's Strategic Energy Initiative, Energy 2031, is about working with industry and the community to develop an ambitious and practical plan that aims to meet the State's energy needs over the next 20 years. Energy2031 adopts a multi-faceted approach towards delivery of the strategic goals of providing secure, reliable, competitive and cleaner energy for Western Australia. In the future, a broad mix of electricity generation can be expected, including from lower carbon-intensive sources. The Strategic Energy Initiative will serve to establish the framework within which that can occur. The Strategic Energy Initiative will also include a strong focus on improving energy efficiency within Western Australiato reduce the scale of generation capacity required to sustain future growth of the economy.. GOVERNMENT DEPARTMENTS AND AGENCIES — FEES AND CHARGES INCREASE 3807. Mr B.S. Wyatt to the Deputy Premier; Minister for Health; Indigenous Affairs I refer to Question on Notice No. 2464 asked in the Legislative Council, and Tabled Paper 2169 which details each increase above the inflation rate for individual fees and charges. For each department and agency within the Deputy Premier’s portfolio:

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(a) what individual fees and charges have increased in 2010–2011 by more than the inflation rate detailed in the 2010–2011 State Budget; and (b) for each individual fee and charge identified at (a), please provide: (i) the dollar increase in 2010–2011; (ii) the percentage increase in 2010–2011; (iii) the new dollar amount of the fee or charge in 2010–2011; (iv) the additional revenue expected to be made as a result of the increase in 2010–2011; (v) the total revenue expected to be made in 2010–2011; and (vi) any expected future increases in the forward estimates and the corresponding information as per (i) to (v) above. Dr K.D. HAMES replied: (a)-(b) The Member would be aware that the Auditor General has indicated that a third audit on the setting of fees and extent of cost recovery will be tabled in the fourth quarter of 2010. The Auditor General has identified that the key questions for this audit are: • Do agencies have an appropriate legislative and policy framework for setting fees? • Do agencies apply their fee setting framework to achieve cost recovery? • Are agency fee setting practices transparent and subject to appropriate review? The Member is advised to wait for this report to be tabled. The Member would also be aware that the Delegated Legislation Joint Standing Committee is also conducting an enquiry into cost recovery. Further information on fees and charges can be found in the recently tabled annual reports as well as departmental and agency websites. If the Member has a specific query regarding a fee or charge I would be happy to provide further advice through an additional question on notice. GOVERNMENT DEPARTMENTS AND AGENCIES — FEES AND CHARGES INCREASE 3808. Mr B.S. Wyatt to the Minister representing the Minister for Mines and Petroleum; Fisheries; Electoral Affairs I refer to Question on Notice No. 2464 asked in the Legislative Council, and Tabled Paper 2169 which details each increase above the inflation rate for individual fees and charges. For each department and agency within the Minister’s portfolio: (a) what individual fees and charges have increased in 2010–2011 by more than the inflation rate detailed in the 2010–2011 State Budget; and (b) for each individual fee and charge identified at (a), please provide: (i) the dollar increase in 2010–2011; (ii) the percentage increase in 2010–2011; (iii) the new dollar amount of the fee or charge in 2010–2011; (iv) the additional revenue expected to be made as a result of the increase in 2010–2011; (v) the total revenue expected to be made in 2010–2011; and (vi) any expected future increases in the forward estimates and the corresponding information as per (i) to (v) above. Mr W.R. MARMION replied: (a)-(b) The Member would be aware that the Auditor General has indicated that a third audit on the setting of fees and extent of cost recovery will be tabled in the fourth quarter of 2010. The Auditor General has identified that the key questions for this audit are: • Do agencies have an appropriate legislative and policy framework for setting fees? • Do agencies apply their fee setting framework to achieve cost recovery? • Are agency fee setting practices transparent and subject to appropriate review? The Member is advised to wait for this report to be tabled.

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The Member would also be aware that the Delegated Legislation Joint Standing Committee is also conducting an enquiry into cost recovery. Further information on fees and charges can be found in the recently tabled annual reports as well as departmental and agency websites. If the Member has a specific query regarding a fee or charge I would be happy to provide further advice through an additional question on notice. GOVERNMENT DEPARTMENTS AND AGENCIES — FEES AND CHARGES INCREASE 3809. Mr B.S. Wyatt to the Minister for Regional Development; Lands; Minister Assisting the Minister for State Development; Minister Assisting the Minister for Transport I refer to Question on Notice No. 2464 asked in the Legislative Council, and Tabled Paper 2169 which details each increase above the inflation rate for individual fees and charges. For each department and agency within the Minister’s portfolio: (a) what individual fees and charges have increased in 2010–2011 by more than the inflation rate detailed in the 2010–2011 State Budget; and (b) for each individual fee and charge identified at (a), please provide: (i) the dollar increase in 2010–2011; (ii) the percentage increase in 2010–2011; (iii) the new dollar amount of the fee or charge in 2010–2011; (iv) the additional revenue expected to be made as a result of the increase in 2010–2011; (v) the total revenue expected to be made in 2010–2011; and (vi) any expected future increases in the forward estimates and the corresponding information as per (i) to (v) above. Mr B.J. GRYLLS replied: (a)-(b) The Member would be aware that the Auditor General has indicated that a third audit on the setting of fees and extent of cost recovery will be tabled in the fourth quarter of 2010. The Auditor General has identified that the key questions for this audit are: • Do agencies have an appropriate legislative and policy framework for setting fees? • Do agencies apply their fee setting framework to achieve cost recovery? • Are agency fee setting practices transparent and subject to appropriate review? The Member is advised to wait for this report to be tabled. The Member would also be aware that the Delegated Legislation Joint Standing Committee is also conducting an enquiry into cost recovery. Further information on fees and charges can be found in the recently tabled annual reports as well as departmental and agency websites. If the Member has a specific query regarding a fee or charge I would be happy to provide further advice through an additional question on notice. GOVERNMENT DEPARTMENTS AND AGENCIES — FEES AND CHARGES INCREASE 3810. Mr B.S. Wyatt to the Minister for Education; Tourism I refer to Question on Notice No. 2464 asked in the Legislative Council, and Tabled Paper 2169 which details each increase above the inflation rate for individual fees and charges. For each department and agency within the Minister’s portfolio: (a) what individual fees and charges have increased in 2010–2011 by more than the inflation rate detailed in the 2010–2011 State Budget; and (b) for each individual fee and charge identified at (a), please provide: (i) the dollar increase in 2010–2011; (ii) the percentage increase in 2010–2011; (iii) the new dollar amount of the fee or charge in 2010–2011; (iv) the additional revenue expected to be made as a result of the increase in 2010–2011; (v) the total revenue expected to be made in 2010–2011; and

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(vi) any expected future increases in the forward estimates and the corresponding information as per (i) to (v) above. Dr E. CONSTABLE replied: (a)-(b) The Member would be aware that the Auditor General has indicated that a third audit on the setting of fees and extent of cost recovery will be tabled in the fourth quarter of 2010. The Auditor General has identified that the key questions for this audit are: • Do agencies have an appropriate legislative and policy framework for setting fees? • Do agencies apply their fee setting framework to achieve cost recovery? • Are agency fee setting practices transparent and subject to appropriate review? The Member is advised to wait for this report to be tabled. The Member would also be aware that the Delegated Legislation Joint Standing Committee is also conducting an enquiry into cost recovery. Further information on fees and charges can be found in the recently tabled annual reports as well as departmental and agency websites. If the Member has a specific query regarding a fee or charge I would be happy to provide further advice through an additional question on notice. GOVERNMENT DEPARTMENTS AND AGENCIES — FEES AND CHARGES INCREASE 3811. Mr B.S. Wyatt to the Minister representing the Minister for Transport; Disability Services I refer to Question on Notice No. 2464 asked in the Legislative Council, and Tabled Paper 2169 which details each increase above the inflation rate for individual fees and charges. For each department and agency within the Minister’s portfolio: (a) what individual fees and charges have increased in 2010–2011 by more than the inflation rate detailed in the 2010–2011 State Budget; and (b) for each individual fee and charge identified at (a), please provide: (i) the dollar increase in 2010–2011; (ii) the percentage increase in 2010–2011; (iii) the new dollar amount of the fee or charge in 2010–2011; (iv) the additional revenue expected to be made as a result of the increase in 2010–2011; (v) the total revenue expected to be made in 2010–2011; and (vi) any expected future increases in the forward estimates and the corresponding information as per (i) to (v) above. Mr M.J. COWPER replied: (a)-(b) The Member would be aware that the Auditor General has indicated that a third audit on the setting of fees and extent of cost recovery will be tabled in the fourth quarter of 2010. The Auditor General has identified that the key questions for this audit are: • Do agencies have an appropriate legislative and policy framework for setting fees? • Do agencies apply their fee setting framework to achieve cost recovery? • Are agency fee setting practices transparent and subject to appropriate review? The Member is advised to wait for this report to be tabled. The Member would also be aware that the Delegated Legislation Joint Standing Committee is also conducting an enquiry into cost recovery. Further information on fees and charges can be found in the recently tabled annual reports as well as departmental and agency websites. If the Member has a specific query regarding a fee or charge I would be happy to provide further advice through an additional question on notice. GOVERNMENT DEPARTMENTS AND AGENCIES — FEES AND CHARGES INCREASE 3812. Mr B.S. Wyatt to the Minister for Police; Emergency Services; Road Safety I refer to Question on Notice No. 2464 asked in the Legislative Council, and Tabled Paper 2169 which details each increase above the inflation rate for individual fees and charges. For each department and agency within the Minister’s portfolio:

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(a) what individual fees and charges have increased in 2010–2011 by more than the inflation rate detailed in the 2010–2011 State Budget; and (b) for each individual fee and charge identified at (a), please provide: (i) the dollar increase in 2010–2011; (ii) the percentage increase in 2010–2011; (iii) the new dollar amount of the fee or charge in 2010–2011; (iv) the additional revenue expected to be made as a result of the increase in 2010–2011; (v) the total revenue expected to be made in 2010–2011; and (vi) any expected future increases in the forward estimates and the corresponding information as per (i) to (v) above. Mr R.F. JOHNSON replied: (a)-(b) The Member would be aware that the Auditor General has indicated that a third audit on the setting of fees and extent of cost recovery will be tabled in the fourth quarter of 2010. The Auditor General has identified that the key questions for this audit are: • Do agencies have an appropriate legislative and policy framework for setting fees? • Do agencies apply their fee setting framework to achieve cost recovery? • Are agency fee setting practices transparent and subject to appropriate review? The Member is advised to wait for this report to be tabled. The Member would also be aware that the Delegated Legislation Joint Standing Committee is also conducting an enquiry into cost recovery. Further information on fees and charges can be found in the recently tabled annual reports as well as departmental and agency websites. If the Member has a specific query regarding a fee or charge I would be happy to provide further advice through an additional question on notice. GOVERNMENT DEPARTMENTS AND AGENCIES — FEES AND CHARGES INCREASE 3813. Mr B.S. Wyatt to the Minister for Sport and Recreation; Racing and Gaming; Minister Assisting the Minister for Health I refer to Question on Notice No. 2464 asked in the Legislative Council, and Tabled Paper 2169 which details each increase above the inflation rate for individual fees and charges. For each department and agency within the Minister’s portfolio: (a) what individual fees and charges have increased in 2010–2011 by more than the inflation rate detailed in the 2010–2011 State Budget; and (b) for each individual fee and charge identified at (a), please provide: (i) the dollar increase in 2010–2011; (ii) the percentage increase in 2010–2011; (iii) the new dollar amount of the fee or charge in 2010–2011; (iv) the additional revenue expected to be made as a result of the increase in 2010–2011; (v) the total revenue expected to be made in 2010–2011; and (vi) any expected future increases in the forward estimates and the corresponding information as per (i) to (v) above. Mr T.K. WALDRON replied: (a)-(b) The Member would be aware that the Auditor General has indicated that a third audit on the setting of fees and extent of cost recovery will be tabled in the fourth quarter of 2010. The Auditor General has identified that the key questions for this audit are: • Do agencies have an appropriate legislative and policy framework for setting fees? • Do agencies apply their fee setting framework to achieve cost recovery? • Are agency fee setting practices transparent and subject to appropriate review? The Member is advised to wait for this report to be tabled.

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The Member would also be aware that the Delegated Legislation Joint Standing Committee is also conducting an enquiry into cost recovery. Further information on fees and charges can be found in the recently tabled annual reports as well as departmental and agency websites. If the Member has a specific query regarding a fee or charge I would be happy to provide further advice through an additional question on notice.

GOVERNMENT DEPARTMENTS AND AGENCIES — FEES AND CHARGES INCREASE 3814. Mr B.S. Wyatt to the Minister for Planning; Culture and the Arts I refer to Question on Notice No. 2464 asked in the Legislative Council, and Tabled Paper 2169 which details each increase above the inflation rate for individual fees and charges. For each department and agency within the Minister’s portfolio: (a) what individual fees and charges have increased in 2010–2011 by more than the inflation rate detailed in the 2010–2011 State Budget; and (b) for each individual fee and charge identified at (a), please provide: (i) the dollar increase in 2010–2011; (ii) the percentage increase in 2010–2011; (iii) the new dollar amount of the fee or charge in 2010–2011; (iv) the additional revenue expected to be made as a result of the increase in 2010–2011; (v) the total revenue expected to be made in 2010–2011; and (vi) any expected future increases in the forward estimates and the corresponding information as per (i) to (v) above. Mr J.H.D. DAY replied: (a)-(b) Information concerning changes to fees and charges can be found in recently tabled annual reports.

GOVERNMENT DEPARTMENTS AND AGENCIES — FEES AND CHARGES INCREASE 3815. Mr B.S. Wyatt to the Minister representing the Minister for Energy; Training and Workforce Development I refer to Question on Notice No. 2464 asked in the Legislative Council, and Tabled Paper 2169 which details each increase above the inflation rate for individual fees and charges. For each department and agency within the Minister’s portfolio: (a) what individual fees and charges have increased in 2010–2011 by more than the inflation rate detailed in the 2010–2011 State Budget; and (b) for each individual fee and charge identified at (a), please provide: (i) the dollar increase in 2010–2011; (ii) the percentage increase in 2010–2011; (iii) the new dollar amount of the fee or charge in 2010–2011; (iv) the additional revenue expected to be made as a result of the increase in 2010–2011; (v) the total revenue expected to be made in 2010–2011; and (vi) any expected future increases in the forward estimates and the corresponding information as per (i) to (v) above. Mr W.R. MARMION replied: (a)-(b) The Member would be aware that the Auditor General has indicated that a third audit on the setting of fees and extent of cost recovery will be tabled in the fourth quarter of 2010. The Auditor General has identified that the key questions for this audit are: • Do agencies have an appropriate legislative and policy framework for setting fees? • Do agencies apply their fee setting framework to achieve cost recovery? • Are agency fee setting practices transparent and subject to appropriate review? The Member is advised to wait for this report to be tabled.

7482 [ASSEMBLY - Tuesday, 12 October 2010]

The Member would also be aware that the Delegated Legislation Joint Standing Committee is also conducting an enquiry into cost recovery. Further information on fees and charges can be found in the recently tabled annual reports as well as departmental and agency websites. If the Member has a specific query regarding a fee or charge I would be happy to provide further advice through an additional question on notice. GOVERNMENT DEPARTMENTS AND AGENCIES — FEES AND CHARGES INCREASE 3816. Mr B.S. Wyatt to the Attorney General; Minister for Corrective Services I refer to Question on Notice No. 2464 asked in the Legislative Council, and Tabled Paper 2169 which details each increase above the inflation rate for individual fees and charges. For each department and agency within the Attorney General’s portfolio: (a) what individual fees and charges have increased in 2010–2011 by more than the inflation rate detailed in the 2010–2011 State Budget; and (b) for each individual fee and charge identified at (a), please provide: (i) the dollar increase in 2010–2011; (ii) the percentage increase in 2010–2011; (iii) the new dollar amount of the fee or charge in 2010–2011; (iv) the additional revenue expected to be made as a result of the increase in 2010–2011; (v) the total revenue expected to be made in 2010–2011; and (vi) any expected future increases in the forward estimates and the corresponding information as per (i) to (v) above. Mr C.C. PORTER replied: (a)-(b) The Member would be aware that the Auditor General has indicated that a third audit on the setting of fees and extent of cost recovery will be tabled in the fourth quarter of 2010. The Auditor General has identified that the key questions for this audit are: • Do agencies have an appropriate legislative and policy framework for setting fees? • Do agencies apply their fee setting framework to achieve cost recovery? • Are agency fee setting practices transparent and subject to appropriate review? The Member is advised to wait for this report to be tabled. The Member would also be aware that the Delegated Legislation Joint Standing Committee is also conducting an enquiry into cost recovery. Further information on fees and charges can be found in the recently tabled annual reports as well as departmental and agency websites. If the Member has a specific query regarding a fee or charge I would be happy to provide further advice through an additional question on notice. GOVERNMENT DEPARTMENTS AND AGENCIES — FEES AND CHARGES INCREASE 3817. Mr B.S. Wyatt to the Minister representing the Minister for Child Protection; Community Services; Seniors and Volunteering; Women's Interests I refer to Question on Notice No. 2464 asked in the Legislative Council, and Tabled Paper 2169 which details each increase above the inflation rate for individual fees and charges. For each department and agency within the Minister’s portfolio: (a) what individual fees and charges have increased in 2010–2011 by more than the inflation rate detailed in the 2010–2011 State Budget; and (b) for each individual fee and charge identified at (a), please provide: (i) the dollar increase in 2010–2011; (ii) the percentage increase in 2010–2011; (iii) the new dollar amount of the fee or charge in 2010–2011; (iv) the additional revenue expected to be made as a result of the increase in 2010–2011;

[ASSEMBLY - Tuesday, 12 October 2010] 7483

(v) the total revenue expected to be made in 2010–2011; and (vi) any expected future increases in the forward estimates and the corresponding information as per (i) to (v) above. Mr A.J. SIMPSON replied: (a)-(b) The Member would be aware that the Auditor General has indicated that a third audit on the setting of fees and extent of cost recovery will be tabled in the fourth quarter of 2010. The Auditor General has identified that the key questions for this audit are:

• Do agencies have an appropriate legislative and policy framework for setting fees?

• Do agencies apply their fee setting framework to achieve cost recovery?

• Are agency fee setting practices transparent and subject to appropriate review? The Member is advised to wait for this report to be tabled. The Member would also be aware that the Delegated Legislation Joint Standing Committee is also conducting an enquiry into cost recovery. Further information on fees and charges can be found in the recently tabled annual reports as well as departmental and agency websites. If the Member has a specific query regarding a fee or charge I would be happy to provide further advice through an additional question on notice.

GOVERNMENT DEPARTMENTS AND AGENCIES — FEES AND CHARGES INCREASE 3819. Mr B.S. Wyatt to the Minister for Local Government; Heritage; Citizenship and Multicultural Interests I refer to Question on Notice No. 2464 asked in the Legislative Council, and Tabled Paper 2169 which details each increase above the inflation rate for individual fees and charges. For each department and agency within the Minister’s portfolio: (a) what individual fees and charges have increased in 2010–2011 by more than the inflation rate detailed in the 2010–2011 State Budget; and (b) for each individual fee and charge identified at (a), please provide: (i) the dollar increase in 2010–2011; (ii) the percentage increase in 2010–2011; (iii) the new dollar amount of the fee or charge in 2010–2011; (iv) the additional revenue expected to be made as a result of the increase in 2010–2011; (v) the total revenue expected to be made in 2010–2011; and (vi) any expected future increases in the forward estimates and the corresponding information as per (i) to (v) above. Mr G.M. CASTRILLI replied: (a)-(b) The Member would be aware that the Auditor General has indicated that a third audit on the setting of fees and extent of cost recovery will be tabled in the fourth quarter of 2010. The Auditor General has identified that the key questions for this audit are:

• Do agencies have an appropriate legislative and policy framework for setting fees?

• Do agencies apply their fee setting framework to achieve cost recovery?

• Are agency fee setting practices transparent and subject to appropriate review? The Member is advised to wait for this report to be tabled. The Member would also be aware that the Delegated Legislation Joint Standing Committee is also conducting an enquiry into cost recovery. Further information on fees and charges can be found in the recently tabled annual reports as well as departmental and agency websites. If the Member has a specific query regarding a fee or charge I would be happy to provide further advice through an additional question on notice.

7484 [ASSEMBLY - Tuesday, 12 October 2010]

GOVERNMENT DEPARTMENTS AND AGENCIES — FEES AND CHARGES INCREASE 3820. Mr B.S. Wyatt to the Minister for Agriculture and Food; Forestry; Minister Assisting the Minister for Education I refer to Question on Notice No. 2464 asked in the Legislative Council, and Tabled Paper 2169 which details each increase above the inflation rate for individual fees and charges. For each department and agency within the Minister’s portfolio: (a) what individual fees and charges have increased in 2010–2011 by more than the inflation rate detailed in the 2010–2011 State Budget; and (b) for each individual fee and charge identified at (a), please provide: (i) the dollar increase in 2010–2011; (ii) the percentage increase in 2010–2011; (iii) the new dollar amount of the fee or charge in 2010–2011; (iv) the additional revenue expected to be made as a result of the increase in 2010–2011; (v) the total revenue expected to be made in 2010–2011; and (vi) any expected future increases in the forward estimates and the corresponding information as per (i) to (v) above. Mr D.T. REDMAN replied: (a)-(b) The Member would be aware that the Auditor General has indicated that a third audit on the setting of fees and extent of cost recovery will be tabled in the fourth quarter of 2010. The Auditor General has identified that the key questions for this audit are: • Do agencies have an appropriate legislative and policy framework for setting fees? • Do agencies apply their fee setting framework to achieve cost recovery? • Are agency fee setting practices transparent and subject to appropriate review? The Member is advised to wait for this report to be tabled. The Member would also be aware that the Delegated Legislation Joint Standing Committee is also conducting an enquiry into cost recovery. Further information on fees and charges can be found in the recently tabled annual reports as well as departmental and agency websites. If the Member has a specific query regarding a fee or charge I would be happy to provide further advice through an additional question on notice. GOVERNMENT DEPARTMENTS AND AGENCIES — FEES AND CHARGES INCREASE 3821. Mr B.S. Wyatt to the Minister representing the Minister for Environment; Youth I refer to Question on Notice No. 2464 asked in the Legislative Council, and Tabled Paper 2169 which details each increase above the inflation rate for individual fees and charges. For each department and agency within the Minister’s portfolio: (a) what individual fees and charges have increased in 2010–2011 by more than the inflation rate detailed in the 2010–2011 State Budget; and (b) for each individual fee and charge identified at (a), please provide: (i) the dollar increase in 2010–2011; (ii) the percentage increase in 2010–2011; (iii) the new dollar amount of the fee or charge in 2010–2011; (iv) the additional revenue expected to be made as a result of the increase in 2010–2011; (v) the total revenue expected to be made in 2010–2011; and (vi) any expected future increases in the forward estimates and the corresponding information as per (i) to (v) above. Dr G.G. JACOBS replied: (a)-(b) The Member would be aware that the Auditor General has indicated that a third audit on the setting of fees and extent of cost recovery will be tabled in the fourth quarter of 2010. The Auditor General has identified that the key questions for this audit are:

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• Do agencies have an appropriate legislative and policy framework for setting fees? • Do agencies apply their fee setting framework to achieve cost recovery? • Are agency fee setting practices transparent and subject to appropriate review? The Member is advised to wait for this report to be tabled. The Member would also be aware that the Delegated Legislation Joint Standing Committee is also conducting an enquiry into cost recovery. Further information on fees and charges can be found in the recently tabled annual reports as well as departmental and agency websites. If the Member has a specific query regarding a fee or charge I would be happy to provide further advice through an additional question on notice. GOVERNMENT DEPARTMENTS AND AGENCIES — FEES AND CHARGES INCREASE 3822. Mr B.S. Wyatt to the Minister for Commerce; Science and Innovation; Housing; Minister Assisting the Treasurer I refer to Question on Notice No. 2464 asked in the Legislative Council, and Tabled Paper 2169 which details each increase above the inflation rate for individual fees and charges. For each department and agency within the Minister’s portfolio: (a) what individual fees and charges have increased in 2010–2011 by more than the inflation rate detailed in the 2010–2011 State Budget; and (b) for each individual fee and charge identified at (a), please provide: (i) the dollar increase in 2010–2011; (ii) the percentage increase in 2010–2011; (iii) the new dollar amount of the fee or charge in 2010–2011; (iv) the additional revenue expected to be made as a result of the increase in 2010–2011; (v) the total revenue expected to be made in 2010–2011; and (vi) any expected future increases in the forward estimates and the corresponding information as per (i) to (v) above. Mr W.R. MARMION replied: (a)-(b) The Member would be aware that the Auditor General has indicated that a third audit on the setting of fees and extent of cost recovery will be tabled in the fourth quarter of 2010. The Auditor General has identified that the key questions for this audit are: • Do agencies have an appropriate legislative and policy framework for setting fees? • Do agencies apply their fee setting framework to achieve cost recovery? • Are agency fee setting practices transparent and subject to appropriate review? The Member is advised to wait for this report to be tabled. The Member would also be aware that the Delegated Legislation Joint Standing Committee is also conducting an enquiry into cost recovery. Further information on fees and charges can be found in the recently tabled annual reports as well as departmental and agency websites. If the Member has a specific query regarding a fee or charge I would be happy to provide further advice through an additional question on notice. MINISTERIAL OFFICERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3828. Mr M. McGowan to the Deputy Premier; Minister for Health; Indigenous Affairs Could the Deputy Premier advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, which ministerial staff met with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and

7486 [ASSEMBLY - Tuesday, 12 October 2010]

(d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of those people present? Dr K.D. HAMES replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. (a) (b) (c) (d) (i) Received copy of email 16/04/2010 Panoramic Resources seeking Ian Wight-Pickin between Fay Duda No Not applicable a meeting with the Minister. and Vicki Schneideman Dr Kim Hames, Melinda Hayes, Peter Harold, Savannah project briefing Ian Wight-Pickin Meeting 04/05/2010 Yes Chris Williams, from Panoramic Resources. David Swain, Dean Smith and Dr Ross Field Minister Hames and Roger Received a phone Melinda Hayes Cook's planned visit to the Yes Dean Smith call — June Cisco Pavillion in China MINISTERIAL OFFICERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3829. Mr M. McGowan to the Minister representing the Minister for Mines and Petroleum; Fisheries; Electoral Affairs Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, which ministerial staff met with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of those people present? Mr W.R. MARMION replied: The following response is for contact from Monday, 1 March 2010 to Friday, 1 October 2010: (a) Bob Stevens, Principal Policy Adviser (b) 10 May 2010 (c) Panoramic Resources — Ongoing viability of the Savannah Nickel Project in the Kimberley Region. (d) Yes. (i) Peter Harold, Chris Williams, David Swain of Panoramic Resources. For contact prior to this date, please see Legislative Council Question on Notice 1544-1589; 1094 -1139 and 82- 866. MINISTERIAL OFFICERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3830. Mr M. McGowan to the Minister for Regional Development; Lands; Minister Assisting the Minister for State Development; Minister Assisting the Minister for Transport Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, which ministerial staff met with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of those people present?

[ASSEMBLY - Tuesday, 12 October 2010] 7487

Mr B.J. GRYLLS replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. Yes (a)-(d) Please see table below Other people Date Staff present Discussion Topic present Industrial land for High Rock Australia in 11/03/2010 Steve Imms No — via email Port Hedland Steve Imms & Jackie Industrial land for High Rock Australia in 17/03/2010 No — via email Farmer Port Hedland Steve Imms & Jackie Industrial land for High Rock Australia in 22/03/2010 No Farmer Port Hedland Industrial land for High Rock Australia in No — via 28/07/2010 Tiffany Allen Port Hedland telephone MINISTERIAL OFFICERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3831. Mr M. McGowan to the Minister for Education; Tourism Could the Minister advise if her Chief of Staff, or any other ministerial staff, have had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, which ministerial staff met with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of those people present? Dr E. CONSTABLE replied: The following response is for contact from Monday, 1 March 2010 to Friday, 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 843-844; 1116-1117 and 1566-1567. No (a)-(d) (i) Not Applicable MINISTERIAL OFFICERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3832. Mr M. McGowan to the Minister representing the Minister for Transport; Disability Services Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, which ministerial staff met with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of those people present? Mr M.J. COWPER replied: Yes (a)-(d) Please refer to attached spreadsheet. [See paper 2743.] MINISTERIAL OFFICERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3833. Mr M. McGowan to the Minister for Police; Emergency Services; Road Safety Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, which ministerial staff met with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd;

7488 [ASSEMBLY - Tuesday, 12 October 2010]

(b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of those people present? Mr R.F. JOHNSON replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. a b c d i Anne Fergusson-Stewart 19/3/10 Ability of Minister to attend functions Yes Donna Gordon Anne Fergusson-Stewart 18/5/10 Private Lunch No N/A MINISTERIAL OFFICERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3834. Mr M. McGowan to the Minister for Sport and Recreation; Racing and Gaming; Minister Assisting the Minister for Health Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, which ministerial staff met with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of those people present? Mr T.K. WALDRON replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. No (a)-(d) Not applicable MINISTERIAL OFFICERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3835. Mr M. McGowan to the Minister for Planning; Culture and the Arts Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, which ministerial staff met with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of those people present? Mr J.H.D. DAY replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Questions on Notice 1579, 1578, 1129, 1128, 856 and 855. Tjorn Sibma had email and/or phone contact with Dean Smith or a representative of his company on 6 August 2010 — Freeway stops — 28 July 2010 — Amendment 89 to City of Rockingham Town Planning Scheme No. 2 — Johan Gildenhuys, Bruno Camarri — 19 & 20 July 2010 — service stations — 5 July 2010 — residential housing Neil Thomson had email and/or phone contact with Dean Smith or a representative of his company on 15 June 2010 — Amendment 89 to City of Rockingham Town Planning Scheme No. 2 — Johan Gildenhuys, Bruno Camarri, Eacham Curry — 24 June 2010 — Freeway Stops — 30 April 2010 — Baldivis proposal Johan Gildenhuys had email and/or phone contact with Dean Smith or a representative of his company on 15 June 2010 — Amendment 89 to City of Rockingham Town Planning Scheme No. 2 — Neil Thomson, Bruno Camarri, Eacham Curry — 2 July 2010 — Amendment 89 to City of Rockingham Town Planning Scheme No. 2 — 28 July 2010 — Amendment 89 to City of Rockingham Town Planning Scheme No. 2 — Tjorn Sibma, Bruno Camarri.

[ASSEMBLY - Tuesday, 12 October 2010] 7489

Sue Wood, Beth Meertens, Lisa Davenport, Richard Farrar and Marianne Gass may have had contact with Dean Smith or a representative of his company in the course of their administrative duties. There may be occasions where the Chief of Staff and Ministerial staff have had contact with Dean Smith and representatives of his company socially. MINISTERIAL OFFICERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3836. Mr M. McGowan to the Minister representing the Minister for Energy; Training and Workforce Development Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, which ministerial staff met with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of those people present? Mr W.R. MARMION replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010. For contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. Neither the Chief of Staff, nor any ministerial staff, had any official contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd between 1 March 2010 and Friday 1 October 2010. There may have been occasions where staff have had contact with Mr Dean Smith, or representatives of Enhance Corporation Pty Ltd socially. MINISTERIAL OFFICERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3837. Mr M. McGowan to the Attorney General; Minister for Corrective Services Could the Attorney General advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, which ministerial staff met with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of those people present? Mr C.C. PORTER replied: [See paper 2736.] MINISTERIAL OFFICERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3838. Mr M. McGowan to the Minister representing the Minister for Child Protection; Community Services; Seniors and Volunteering; Women's Interests Could the Minister advise if her Chief of Staff, or any other ministerial staff, have had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, which ministerial staff met with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of those people present? Mr A.J. SIMPSON replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. (a)-(d) (i) Nil.

7490 [ASSEMBLY - Tuesday, 12 October 2010]

MINISTERIAL OFFICERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3840. Mr M. McGowan to the Minister for Local Government; Heritage; Citizenship and Multicultural Interests Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, which ministerial staff met with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of those people present? Mr G.M. CASTRILLI replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. (a)-(d) (i) Method Date of of Topic of Discussion Any agreed action Names of those present Contact Contact Referred to Chief of 02/09/2010 E-mail Meeting Request Not applicable Staff Referred to Appointments 08/09/2010 E-mail Meeting Request Not applicable Secretary to arrange meeting Meeting was arranged on Meeting organised 08/09/2010 E-mail behalf of Minister and Not applicable for 22/09/2010 Chief of Staff Proposed Service Station Minister Chief of Staff Dean Construction along Smith; Enhance Corporate Pty 22/09/2010 Meeting Nil Kwinana Freeway and Ltd Bruno Camarri; RC Forrest Highway Development MINISTERIAL OFFICERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3841. Mr M. McGowan to the Minister for Agriculture and Food; Forestry; Minister Assisting the Minister for Education Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, which ministerial staff met with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of those people present? Mr D.T. REDMAN replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. The Minister's Chief of Staff, or other ministerial staff, have not had contact with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd during the specified time period. (a) Not applicable MINISTERIAL OFFICERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3842. Mr M. McGowan to the Minister representing the Minister for Environment; Youth Could the Minister advise if her Chief of Staff, or any other ministerial staff, have had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and

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(a) if yes, which ministerial staff met with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of those people present? Dr G.G. JACOBS replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 832, 833, 1105, 1106, 1555 and 1556. Yes (a) Ministerial staff (b) Date of contact (c) Subject (d) Names Cara Babb 12/07/2010 Phone Call — Australian Solar N/A Joshua Harris 27/07/2010 Phone Call — LEED N/A MINISTERIAL OFFICERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3843. Mr M. McGowan to the Minister for Commerce; Science and Innovation; Housing; Minister Assisting the Treasurer Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, which ministerial staff met with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of those people present? Mr W.R. MARMION replied: Please note that the Ministers office came into existence on the 28th of April 2010, as such the following staff have met with Mr Smith or a representative or his company since then. (a)-(d) - (i) Kay Hammer and Neil Thompson 23 September 2010, Introductory meeting, meeting to introduce David Jamieson, Yes, Neil Thomson and David Jamieson. Kay Hammer 9 July 2010, Meeting to introduce Transfield Services representatives, Yes, Ian Maxted, Colm Stanley, Christopher Cornish, Minister Marmion and Grahame Searle. MINISTERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3845. Mr M. McGowan to the Deputy Premier; Minister for Health; Indigenous Affairs Could the Deputy Premier advise if he has had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Dr K.D. HAMES replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. (a) 04/05/2010 — meeting (b) Panoramic Resources briefing the Deputy Premier on their Savannah Project. (c) Yes. (i) Ian Wight-Pickin, Dr Ross Field, Peter Harold, Chris Williams and David Swain

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MINISTERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3846. Mr M. McGowan to the Minister representing the Minister for Mines and Petroleum; Fisheries; Electoral Affairs Could the Minister advise if he has had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr W.R. MARMION replied: The following response is for contact from Monday, 1 March 2010 to Friday, 1 October 2010: (a) 10 May 2010 (b) Panoramic Resources — Ongoing viability of the Savannah Nickel Project in the Kimberley Region. (c) Yes. (i) Peter Harold, Chris Williams and David Swain of Panoramic Resources. For contact prior to this date, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 82- 866. MINISTERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3847. Mr M. McGowan to the Minister for Regional Development; Lands; Minister Assisting the Minister for State Development; Minister Assisting the Minister for Transport Could the Minister advise if he has had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr B.J. GRYLLS replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. No (a)-(c) Not applicable. MINISTERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3848. Mr M. McGowan to the Minister for Education; Tourism Could the Minister advise if she has had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Dr E. CONSTABLE replied: The following response is for contact from Monday, 1 March 2010 to Friday, 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 843-844; 1116-1117 and 1566-1567. No (a)-(c) Not applicable. MINISTERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3849. Mr M. McGowan to the Minister representing the Minister for Transport; Disability Services Could the Minister advise if he has had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and

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(a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr M.J. COWPER replied: I have had no contact with Mr Dean Smith, in his capacity as a lobbyist, or any other representative from Enhance Corporate Pty Ltd, since 23 September 2008.. MINISTERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3850. Mr M. McGowan to the Minister for Police; Emergency Services; Road Safety Could the Minister advise if he has had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr R.F. JOHNSON replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. (a) No, N/A (b)-(d) N/A MINISTERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3851. Mr M. McGowan to the Minister for Sport and Recreation; Racing and Gaming; Minister Assisting the Minister for Health Could the Minister advise if he has had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr T.K. WALDRON replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. No (a)-(c) Not applicable. MINISTERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3852. Mr M. McGowan to the Minister for Planning; Culture and the Arts Could the Minister advise if he has had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr J.H.D. DAY replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Questions on Notice 1579, 1578, 1129, 1128, 856 and 855. Nil (other than infrequent social contact).

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MINISTERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3853. Mr M. McGowan to the Minister representing the Minister for Energy; Training and Workforce Development Could the Minister advise if he has had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr W.R. MARMION replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010. For contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. I have not had any official contact with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd between 1 March 2010 and Friday 1 October 2010. There may have been occasions where I have had contact with Mr Smith, or representatives of Enhance Corporation Pty Ltd socially. MINISTERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3854. Mr M. McGowan to the Attorney General; Minister for Corrective Services Could the Attorney General advise if he has had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr C.C. PORTER replied: [See paper 2737.] MINISTERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3855. Mr M. McGowan to the Minister representing the Minister for Child Protection; Community Services; Seniors and Volunteering; Women's Interests Could the Minister advise if she has had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr A.J. SIMPSON replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. (a)-(c) Nil. MINISTERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3857. Mr M. McGowan to the Minister for Local Government; Heritage; Citizenship and Multicultural Interests Could the Minister advise if he has had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present?

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Mr G.M. CASTRILLI replied: Please refer to Legislative Assembly Question on Notice 3840. MINISTERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3858. Mr M. McGowan to the Minister for Agriculture and Food; Forestry; Minister Assisting the Minister for Education Could the Minister advise if he has had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr D.T. REDMAN replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. The Minister has not had contact with Mr Dean Smith or a representative of Enhance Corporate Pty Ltd during the specified time period. (a)-(c) Not applicable MINISTERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3859. Mr M. McGowan to the Minister representing the Minister for Environment; Youth Could the Minister advise if she has had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Dr G.G. JACOBS replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 832, 833, 1105, 1106, 1555 and 1556. There may also be occasions where I have had contact with Mr Smith socially. No (a)-(c) Not applicable. MINISTERS — CONTACT WITH DEAN SMITH OR ENHANCE CORPORATE PTY LTD 3860. Mr M. McGowan to the Minister for Commerce; Science and Innovation; Housing; Minister Assisting the Treasurer Could the Minister advise if he has had any contact with Mr Dean Smith, or a representative of Enhance Corporate Pty Ltd, since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr W.R. MARMION replied: Please be aware that Minister Marmion was only sworn in as a Minister of the Crown on the 28th of April 2010, as such answers will reflect from this period onwards. (a)-(c) (i) 9 July 2010, Meeting to introduce Transfield Services representatives, Yes, Ian Maxted, Colm Stanley, Christopher Cornish, Grahame Searle and Kay Hammer. .

MINISTERIAL OFFICERS — CONTACT WITH HON BARRY MACKINNON 3862. Mr M. McGowan to the Deputy Premier; Minister for Health; Indigenous Affairs Could the Deputy Premier advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Barry MacKinnon since 23 September 2008; and

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(a) if yes, which ministerial staff met with Mr MacKinnon; (b) if yes, what were the dates of the contact(s) or meeting(s); and (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s)? Dr K.D. HAMES replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. (a)-(c) Not applicable.

MINISTERIAL OFFICERS — CONTACT WITH HON BARRY MACKINNON 3863. Mr M. McGowan to the Minister representing the Minister for Mines and Petroleum; Fisheries; Electoral Affairs Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Barry MacKinnon since 23 September 2008; and (a) if yes, which ministerial staff met with Mr MacKinnon; (b) if yes, what were the dates of the contact(s) or meeting(s); and (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s)? Mr W.R. MARMION replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010: (a) Nil. (b)-(c) Not applicable. For contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821- 866.

MINISTERIAL OFFICERS — CONTACT WITH HON BARRY MACKINNON 3864. Mr M. McGowan to the Minister for Regional Development; Lands; Minister Assisting the Minister for State Development; Minister Assisting the Minister for Transport Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Barry MacKinnon since 23 September 2008; and (a) if yes, which ministerial staff met with Mr MacKinnon; (b) if yes, what were the dates of the contact(s) or meeting(s); and (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s)? Mr B.J. GRYLLS replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. No (a)-(c) Not applicable.

MINISTERIAL OFFICERS — CONTACT WITH HON BARRY MACKINNON 3865. Mr M. McGowan to the Minister for Education; Tourism Could the Minister advise if her Chief of Staff, or any other ministerial staff, have had any contact with Mr Barry MacKinnon since 23 September 2008; and (a) if yes, which ministerial staff met with Mr MacKinnon; (b) if yes, what were the dates of the contact(s) or meeting(s); and (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s)? Dr E. CONSTABLE replied: The following response is for contact from Monday, 1 March 2010 to Friday, 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 843-844; 1116-1117 and 1566-1567. Based on present staff the response is: No (a)-(c) Not applicable.

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MINISTERIAL OFFICERS — CONTACT WITH HON BARRY MACKINNON 3866. Mr M. McGowan to the Minister representing the Minister for Transport; Disability Services Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Barry MacKinnon since 23 September 2008; and (a) if yes, which ministerial staff met with Mr MacKinnon; (b) if yes, what were the dates of the contact(s) or meeting(s); and (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s)? Mr M.J. COWPER replied: Yes, my Chief of Staff and other Ministerial staff have met with Mr Barry MacKinnon in his capacity as Chair, Taxi Industry Board. I respond to this question in light of Mr Barry MacKinnon's lobbyist activities only, and in this context, neither my Chief of Staff or any other Ministerial staff have had any contact with the lobbyist, Mr Barry MacKinnon, since 23 September 2008.

MINISTERIAL OFFICERS — CONTACT WITH HON BARRY MACKINNON 3867. Mr M. McGowan to the Minister for Police; Emergency Services; Road Safety Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Barry MacKinnon since 23 September 2008; and (a) if yes, which ministerial staff met with Mr MacKinnon; (b) if yes, what were the dates of the contact(s) or meeting(s); and (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s)? Mr R.F. JOHNSON replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. (a) No (b)-(c) N/A

MINISTERIAL OFFICERS — CONTACT WITH HON BARRY MACKINNON 3868. Mr M. McGowan to the Minister for Sport and Recreation; Racing and Gaming; Minister Assisting the Minister for Health Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Barry MacKinnon since 23 September 2008; and (a) if yes, which ministerial staff met with Mr MacKinnon; (b) if yes, what were the dates of the contact(s) or meeting(s); and (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s)? Mr T.K. WALDRON replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. No (a)-(c) Not applicable.

MINISTERIAL OFFICERS — CONTACT WITH HON BARRY MACKINNON 3869. Mr M. McGowan to the Minister for Planning; Culture and the Arts Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Barry MacKinnon since 23 September 2008; and (a) if yes, which ministerial staff met with Mr MacKinnon; (b) if yes, what were the dates of the contact(s) or meeting(s); and (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s)? Mr J.H.D. DAY replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Questions on Notice 1579, 1578, 1129, 1128, 856 and 855. (a)-(c) Nil.

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MINISTERIAL OFFICERS — CONTACT WITH HON BARRY MACKINNON 3870. Mr M. McGowan to the Minister representing the Minister for Energy; Training and Workforce Development Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Barry MacKinnon since 23 September 2008; and (a) if yes, which ministerial staff met with Mr MacKinnon; (b) if yes, what were the dates of the contact(s) or meeting(s); and (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s)? Mr W.R. MARMION replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010. For contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. No ministerial staff, including the Chief of Staff, had any official contact with Mr Barry Mackinnon between 1 March 2010 and Friday 1 October 2010. There may have been occasions where staff have had contact with Mr Mackinnon socially.

MINISTERIAL OFFICERS — CONTACT WITH HON BARRY MACKINNON 3871. Mr M. McGowan to the Attorney General; Minister for Corrective Services Could the Attorney General advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Barry MacKinnon since 23 September 2008; and (a) if yes, which ministerial staff met with Mr MacKinnon; (b) if yes, what were the dates of the contact(s) or meeting(s); and (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s)? Mr C.C. PORTER replied: No (a)-(c) Not applicable.

MINISTERIAL OFFICERS — CONTACT WITH HON BARRY MACKINNON 3872. Mr M. McGowan to the Minister representing the Minister for Child Protection; Community Services; Seniors and Volunteering; Women's Interests Could the Minister advise if her Chief of Staff, or any other ministerial staff, have had any contact with Mr Barry MacKinnon since 23 September 2008; and (a) if yes, which ministerial staff met with Mr MacKinnon; (b) if yes, what were the dates of the contact(s) or meeting(s); and (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s)? Mr A.J. SIMPSON replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. (a)-(c) Nil

MINISTERIAL OFFICERS — CONTACT WITH HON BARRY MACKINNON 3874. Mr M. McGowan to the Minister for Local Government; Heritage; Citizenship and Multicultural Interests Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Barry MacKinnon since 23 September 2008; and (a) if yes, which ministerial staff met with Mr MacKinnon; (b) if yes, what were the dates of the contact(s) or meeting(s); and (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s)? Mr G.M. CASTRILLI replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. No (a)-(c) Not applicable.

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MINISTERIAL OFFICERS — CONTACT WITH HON BARRY MACKINNON 3875. Mr M. McGowan to the Minister for Agriculture and Food; Forestry; Minister Assisting the Minister for Education Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Barry MacKinnon since 23 September 2008; and (a) if yes, which ministerial staff met with Mr MacKinnon; (b) if yes, what were the dates of the contact(s) or meeting(s); and (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s)? Mr D.T. REDMAN replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. The Minister's Chief of Staff, or other ministerial staff, have not had contact with Mr Barry MacKinnon during the specified time period. (a)-(c) Not applicable

MINISTERIAL OFFICERS — CONTACT WITH HON BARRY MACKINNON 3876. Mr M. McGowan to the Minister representing the Minister for Environment; Youth Could the Minister advise if her Chief of Staff, or any other ministerial staff, have had any contact with Mr Barry MacKinnon since 23 September 2008; and (a) if yes, which ministerial staff met with Mr MacKinnon; (b) if yes, what were the dates of the contact(s) or meeting(s); and (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s)? Dr G.G. JACOBS replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 832, 833, 1105, 1106, 1555 and 1556. No (a)-(c) Not applicable.

MINISTERIAL OFFICERS — CONTACT WITH HON BARRY MACKINNON 3877. Mr M. McGowan to the Minister for Commerce; Science and Innovation; Housing; Minister Assisting the Treasurer Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Barry MacKinnon since 23 September 2008; and (a) if yes, which ministerial staff met with Mr MacKinnon; (b) if yes, what were the dates of the contact(s) or meeting(s); and (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s)? Mr W.R. MARMION replied: No (a)-(c) Not applicable. MINISTERS — CONTACT WITH HON BARRY MACKINNON 3879. Mr M. McGowan to the Deputy Premier; Minister for Health; Indigenous Affairs Could the Deputy Premier advise if he has had any contact with Mr Barry Mackinnon since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Dr K.D. HAMES replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. (a)-(c) Not applicable.

7500 [ASSEMBLY - Tuesday, 12 October 2010]

MINISTERS — CONTACT WITH HON BARRY MACKINNON 3880. Mr M. McGowan to the Minister representing the Minister for Mines and Petroleum; Fisheries; Electoral Affairs Could the Minister advise if he has had any contact with Mr Barry Mackinnon since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr W.R. MARMION replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010: (a) Nil. (b)-(c) Not applicable. For contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821- 866. MINISTERS — CONTACT WITH HON BARRY MACKINNON 3881. Mr M. McGowan to the Minister for Regional Development; Lands; Minister Assisting the Minister for State Development; Minister Assisting the Minister for Transport Could the Minister advise if he has had any contact with Mr Barry Mackinnon since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr B.J. GRYLLS replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. No (a)-(c) Not applicable.

MINISTERS — CONTACT WITH HON BARRY MACKINNON 3882. Mr M. McGowan to the Minister for Education; Tourism Could the Minister advise if she has had any contact with Mr Barry Mackinnon since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Dr E. CONSTABLE replied: The following response is for contact from Monday, 1 March 2010 to Friday, 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 843-844; 1116-1117 and 1566-1567. No. (a) Mr MacKinnon sent an email to my electorate office on 6 June 2010, to which I did not respond. (b)-(c) (i) Not Applicable.

MINISTERS — CONTACT WITH HON BARRY MACKINNON 3883. Mr M. McGowan to the Minister representing the Minister for Transport; Disability Services Could the Minister advise if he has had any contact with Mr Barry Mackinnon since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present?

[ASSEMBLY - Tuesday, 12 October 2010] 7501

Mr M.J. COWPER replied: I have met with Mr Barry MacKinnon in his capacity as Chair, Taxi Industry Board. I respond to this question in light of Mr Barry MacKinnon's lobbyist activities only, and in this context, I have had no contact with the lobbyist, Mr Barry MacKinnon, since 23 September 2008. MINISTERS — CONTACT WITH HON BARRY MACKINNON 3884. Mr M. McGowan to the Minister for Police; Emergency Services; Road Safety Could the Minister advise if he has had any contact with Mr Barry Mackinnon since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr R.F. JOHNSON replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. (a) No, N/a (b)-(c) N/A. MINISTERS — CONTACT WITH HON BARRY MACKINNON 3885. Mr M. McGowan to the Minister for Sport and Recreation; Racing and Gaming; Minister Assisting the Minister for Health Could the Minister advise if he has had any contact with Mr Barry Mackinnon since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr T.K. WALDRON replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. No (a)-(c) Not applicable MINISTERS — CONTACT WITH HON BARRY MACKINNON 3886. Mr M. McGowan to the Minister for Planning; Culture and the Arts Could the Minister advise if he has had any contact with Mr Barry Mackinnon since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr J.H.D. DAY replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Questions on Notice 1579, 1578, 1129, 1128, 856 and 855. Nil (other than infrequent social contact). MINISTERS — CONTACT WITH HON BARRY MACKINNON 3887. Mr M. McGowan to the Minister representing the Minister for Energy; Training and Workforce Development Could the Minister advise if he has had any contact with Mr Barry Mackinnon since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present?

7502 [ASSEMBLY - Tuesday, 12 October 2010]

Mr W.R. MARMION replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010. For contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. I did not have any official contact with Mr Barry Mackinnon between 1 March 2010 and Friday 1 October 2010. There may have been occasions where I had contact with Mr Mackinnon socially. MINISTERS — CONTACT WITH HON BARRY MACKINNON 3888. Mr M. McGowan to the Attorney General; Minister for Corrective Services Could the Attorney General advise if he has had any contact with Mr Barry Mackinnon since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr C.C. PORTER replied: (1) Yes (a) 28 October 2009 (b) Competition Policy; notably potential future access arrangements for "junior" iron ore miners. It was agreed that FerrAus Iron would write to my office by way of providing information relating to legal issues to the question of joint access / usage to allow for my fulsome consideration of the position put. (c) Mr Paul Everingham, Mr B MacKinnon, Mr M Armundson, Mr J Walawski, Hon I Campbell, Mr K Baston and Mr M Sutherland. MINISTERS — CONTACT WITH HON BARRY MACKINNON 3889. Mr M. McGowan to the Minister representing the Minister for Child Protection; Community Services; Seniors and Volunteering; Women's Interests Could the Minister advise if she has had any contact with Mr Barry Mackinnon since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr A.J. SIMPSON replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. (a)-(c) Nil. MINISTERS — CONTACT WITH HON BARRY MACKINNON 3891. Mr M. McGowan to the Minister for Local Government; Heritage; Citizenship and Multicultural Interests Could the Minister advise if he has had any contact with Mr Barry Mackinnon since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr G.M. CASTRILLI replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. No (a)-(c) Not applicable.

[ASSEMBLY - Tuesday, 12 October 2010] 7503

MINISTERS — CONTACT WITH HON BARRY MACKINNON 3892. Mr M. McGowan to the Minister for Agriculture and Food; Forestry; Minister Assisting the Minister for Education Could the Minister advise if he has had any contact with Mr Barry Mackinnon since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr D.T. REDMAN replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 1544-1589; 1094-1139 and 821-866. The Minister has not had contact with Mr Barry Mackinnon during the specified time period. (a)-(c) Not applicable

MINISTERS — CONTACT WITH HON BARRY MACKINNON 3893. Mr M. McGowan to the Minister representing the Minister for Environment; Youth Could the Minister advise if she has had any contact with Mr Barry Mackinnon since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Dr G.G. JACOBS replied: The following response is for contact from Monday 1 March 2010 to Friday 1 October 2010, for contact prior to this time, please see Legislative Council Question on Notice 832, 833, 1105, 1106, 1555 and 1556. No. (a)-(c) Not applicable

MINISTERS — CONTACT WITH HON BARRY MACKINNON 3894. Mr M. McGowan to the Minister for Commerce; Science and Innovation; Housing; Minister Assisting the Treasurer Could the Minister advise if he has had any contact with Mr Barry Mackinnon since 23 September 2008; and (a) if yes, what were the dates of the contact(s) or meeting(s); (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr W.R. MARMION replied: Please be aware that Minister Marmion was only sworn in as a Minister of the Crown on the 28th of April 2010, as such answers will reflect from this period onwards. No (a)-(c) Not applicable MINISTERIAL OFFICERS — CONTACT WITH PAUL EVERINGHAM 3896. Mr M. McGowan to the Deputy Premier; Minister for Health; Indigenous Affairs Could the Deputy Premier advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, which ministerial staff met with Mr Everingham or the representative of the company; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present?

7504 [ASSEMBLY - Tuesday, 12 October 2010]

Dr K.D. HAMES replied: The following response is for contact from Monday 21 September 2009 to Friday 24 September 2010. (a) (b) (c) (d) (i) Email advising of new Ian Wight-Pickin Email 06/10/2009 member of GRA Yes Paul Everingham and Christian Allier Everingham team Offering meeting with Ian Wight-Pickin Email 09/11/2009 MacArthur Minerals and Yes Amanda Reid reply declining offer Request for meeting Email chain regarding Midland Christian Allier 22/02/2010 and Yes Jason Marocchi Health Campus and the 23/02/2010 new Children's Hospital Email Request for information Jason Marocchi and Christian Allier chain 06/05/2010 on land at the Fiona Yes Brad Sebbes and 12/05/2010 Stanley Hospital site Email chain seeking Email 25/05/2010 — Paul Everingham and Ian Wight-Pickin meeting for Epilepsy Yes 01/07/2010 Peta Douglas Action Australia. Dr Kim Hames, Carol Ireland, Dr Peter Silbert Christian Allier Meeting 13/07/2010 Epilepsy Yes and Professor Frank Schaper Ian Wight-Pickin Email 14/07/2010 Invitation to a luncheon Yes Jason Marocchi and Christian Allier Email advising of Fosters Ian Wight-Pickin Email 29/07/2010 (CUB) sponsorship of Yes Paul Everingham and Christian Allier WA Football Association Request for meeting Neville Collard Email 17/09/2009 Yes Jessica Stojkovski which was declined MINISTERIAL OFFICERS — CONTACT WITH PAUL EVERINGHAM 3897. Mr M. McGowan to the Minister representing the Minister for Mines and Petroleum; Fisheries; Electoral Affairs Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, which ministerial staff met with Mr Everingham or the representative of the company; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr W.R. MARMION replied: (a)-(c) (i) [See paper 2741.] MINISTERIAL OFFICERS — CONTACT WITH PAUL EVERINGHAM 3898. Mr M. McGowan to the Minister for Regional Development; Lands; Minister Assisting the Minister for State Development; Minister Assisting the Minister for Transport Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, which ministerial staff met with Mr Everingham or the representative of the company; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr B.J. GRYLLS replied: Yes.

[ASSEMBLY - Tuesday, 12 October 2010] 7505

(a)-(d) Please see table below. Date Staff present Discussion Topic Other people present Announcement of new staff 06/10/2009 Steve Imms No — via email member for GRA Everingham Steve Imms & 18/12/2009 Doug Pilbara Cities Concept No — via email Cunningham 04/01/2010 Steve Imms Pilbara Cities Concept No — via email ASX Announcment of by 13/01/2010 Steve Imms Aurox regarding Pilbara Water No — via email Reuse Initiative Doug 21/01/2010 Pilbara Cities No — via telephone & email Cunningham 28/01/2010 Jackie Farmer Pilbara Cities No — via telephone & email 08/02/2010 Steve Imms Balla Balla Project No — via email Gordon Bryden and Marcelle Anderson of Worley Parsons, Graham Walker of Evans & 16/02/2010 Jackie Farmer Pilbara Cities Vision Peck, Wendy Duncan — Parliamentary Secretary, Andrew Mann of RDL and Martin Mileham of DoP. National Electrical & Doug Communications Association 18/03/2010 No — via email Cunningham (NECA) — Proposed Joondalup Training Facility National Electrical & Steve Imms & Communications Association 29/03/2010 Doug No — via email (NECA) — Proposed Joondalup Cunningham Training Facility National Electrical & Communications Association 08/04/2010 Jackie Farmer Peter Tuck and Kyle Kutasi of NECA (NECA) — Proposed Joondalup Training Facility National Electrical & Communications Association 29/04/2010 Jackie Farmer No — via telephone (NECA) — Proposed Joondalup Training Facility Steve Imms & Cobham Aviation Services 10/05/2010 Doug Darren Moncrieff of Cobham Aviation Australia Cunningham National Electrical & Communications Association 09/06/2010 Jackie Farmer No — via email (NECA) — Proposed Joondalup Training Facility National Electrical & Communications Association 15/06/2010 Jackie Farmer No — via email (NECA) — Proposed Joondalup Training Facility National Electrical & Communications Association 02/07/2010 Jackie Farmer No — via email (NECA) — Proposed Joondalup Training Facility National Electrical & Communications Association 15/07/2010 Jackie Farmer No — via telephone & email (NECA) — Proposed Joondalup Training Facility National Electrical & Communications Association 27/07/2010 Jackie Farmer No — via telephone (NECA) — Proposed Joondalup Training Facility National Electrical & Communications Association 10/08/2010 Jackie Farmer No — via email (NECA) — Proposed Joondalup Training Facility National Electrical & Communications Association 11/08/2010 Jackie Farmer No — via email (NECA) — Proposed Joondalup Training Facility

7506 [ASSEMBLY - Tuesday, 12 October 2010]

MINISTERIAL OFFICERS — CONTACT WITH PAUL EVERINGHAM 3899. Mr M. McGowan to the Minister for Education; Tourism Could the Minister advise if her Chief of Staff, or any other ministerial staff, have had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, which ministerial staff met with Mr Everingham or the representative of the company; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Dr E. CONSTABLE replied: (a) Based on present staff, although no meetings have taken place, my A/Chief of Staff and A/Appointments Secretary have had contact with Mr Paul Everingham, Ms Amanda Reid and Ms Peta Douglas of GRA Everingham. This contact has been documented in accordance with Departmental guidelines. My Policy Co-ordinator received one email from Mr Everingham during the specified period, to which he made no response. (b) -(d)(i) Not applicable. MINISTERIAL OFFICERS — CONTACT WITH PAUL EVERINGHAM 3900. Mr M. McGowan to the Minister representing the Minister for Transport; Disability Services Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, which ministerial staff met with Mr Everingham or the representative of the company; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr M.J. COWPER replied: Yes (a)-(d) Please refer to attached spreadsheet. [See paper 2745.] MINISTERIAL OFFICERS — CONTACT WITH PAUL EVERINGHAM 3901. Mr M. McGowan to the Minister for Police; Emergency Services; Road Safety Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, which ministerial staff met with Mr Everingham or the representative of the company; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr R.F. JOHNSON replied: Date range to be from Monday 21 September 2009 to Friday 24 September 2010 Please see below table for answers (a-d)(i) a b c d i Shane Hart 15/1/10 Private Lunch Yes Trevor Robb Shane Hart 2/9/10 Private Meeting No N/A Trevor Robb 15/1/10 Private Lunch Yes Shane Hart

[ASSEMBLY - Tuesday, 12 October 2010] 7507

MINISTERIAL OFFICERS — CONTACT WITH PAUL EVERINGHAM 3902. Mr M. McGowan to the Minister for Sport and Recreation; Racing and Gaming; Minister Assisting the Minister for Health Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, which ministerial staff met with Mr Everingham or the representative of the company; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr T.K. WALDRON replied: Yes (a) Michael Cutler Nick Sloan (b) Michael Cutler — 10/02/10 Nick Sloan — 30/07/10 and 16/08/10 (c) Michael Cutler — Telephone contact from Jason Marocchi to offer tickets to Western Force game on 12/02/10 Nick Sloan — Telephone contact from Jason Marocchi to coordinate meeting time Meeting with Jason Marocchi on behalf of Fosters Group, WA Sports Federation and Allia Venue Management regarding alcohol promotion and advertising in sport; operation and management of nib Stadium (formerly Perth Oval) (d) No (i) Not Applicable MINISTERIAL OFFICERS — CONTACT WITH PAUL EVERINGHAM 3903. Mr M. McGowan to the Minister for Planning; Culture and the Arts Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, which ministerial staff met with Mr Everingham or the representative of the company; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr J.H.D. DAY replied: (a)-(d)(i) Yes. Tjorn Sibma had email and/or phone contact with Paul Everingham or a representative of his company on 6 July 2010 — Murdoch University Act — 23 July 2010 — Perth City Link, Waterfront Project, Freeway stops, Directions 2031- 11-12 August 2010 — Dust buffer, road alignment — 16-18 August 2010 — BGC Group and Westridge Social Housing — 1 September 2010 — Dust buffer, road realignment — Mark Hector & Rhys Kelly from Qube were present — 2 September 2010 — Bauxite Resources Ltd — 16 September 2010 — Qube and Bauxite Resources Ltd Neil Thomson had email and/or phone contact with Paul Everingham or a representative of his company on 12 March 2010 — declining meeting — 25 January 2010 — Amendment 89 to City of Rockingham Town Planning Scheme No. 2 — 23 December 2009 — Pilbara Cities initiative — 23 October 2009 and 2 November 2009 — Hutton Street Johan Gildenhuys had email and/or phone contact with Paul Everingham or a representative of his company on 16 September 2010 — proposed amendments — Jeremy Rigg-Director Legal and Strategic Projects — Murdoch University & Julie Keene-Director, Finance, Planning & Reporting — Murdoch University were present.

7508 [ASSEMBLY - Tuesday, 12 October 2010]

Lorissa Kelly had email and/or phone contact with Paul Everingham or a representative of his company on 3 February 2010 — Perth City Link and tendering process Sue Wood, Beth Meertens, Lisa Davenport, Richard Farrar and Marianne Gass may have had contact with Paul Everingham or a representative of his company in the course of their administrative duties. There may be occasions where the Chief of Staff and Ministerial staff have had contact with Paul Everingham and representatives of his company socially. MINISTERIAL OFFICERS — CONTACT WITH PAUL EVERINGHAM 3905. Mr M. McGowan to the Attorney General; Minister for Corrective Services Could the Attorney General advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, which ministerial staff met with Mr Everingham or the representative of the company; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr C.C. PORTER replied: [See paper 2738.] MINISTERIAL OFFICERS — CONTACT WITH PAUL EVERINGHAM 3906. Mr M. McGowan to the Minister representing the Minister for Child Protection; Community Services; Seniors and Volunteering; Women's Interests Could the Minister advise if her Chief of Staff, or any other ministerial staff, have had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, which ministerial staff met with Mr Everingham or the representative of the company; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr A.J. SIMPSON replied: (a)-(d) - Nil MINISTERIAL OFFICERS — CONTACT WITH PAUL EVERINGHAM 3908. Mr M. McGowan to the Minister for Local Government; Heritage; Citizenship and Multicultural Interests Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, which ministerial staff met with Mr Everingham or the representative of the company; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr G.M. CASTRILLI replied: The following answer refers date period of 21 September 2009 to 24 September 2010. (a) Not applicable (b)-(c) Please refer to the table below Date of Method of Topic of Discussion Any agreed action Contact Contact 23/09/2009 E-mail Offered a meeting with AnaeCo Offer declined 25/11/2009 E-mail Providing information on AnaeCo No action required 8/12/2009 E-mail Acknowledgment of e-mail received 25/11/2009 Nil

[ASSEMBLY - Tuesday, 12 October 2010] 7509

14/12/2009 E-mail Extending Seasons Greetings Nil 25/05/2010 E-mail Seeking advice of relevant person to meet with Referred to the Department of to discuss potential grants management to Regional Development and the prepare a grants management case study. Department of Local Government. 15/09/2010 Phone Message left to return call Nil 15/09/2010 Phone Call returned — Message left Nil (d) No (i) Not applicable MINISTERIAL OFFICERS — CONTACT WITH PAUL EVERINGHAM 3909. Mr M. McGowan to the Minister for Agriculture and Food; Forestry; Minister Assisting the Minister for Education Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, which ministerial staff met with Mr Everingham or the representative of the company; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr D.T. REDMAN replied: Yes The following response is for the time period Monday 21 September 2009 to Friday 24 September 2010. (a) (b) (c) (d) (i) Brooke Bindon, 7 October 2009 — Discussed organising meeting Correspondence No Not applicable telephone with Minister Officer Hansol wished to alert Minister Ian Rotheram, 10 November 2009 — to concerns about possibility of Minister Redman and Yes Policy Officer meeting coal being loaded at same berth Gary Inions (Hansol) as woodchips at Bunbury Port Department of Water -- Jurien Scott Mitchell, 11 December 2009 — Water Reserve Drinking Water No Not applicable Chief of Staff email Source Protection Plan 2-4 March 2010 — Scott Mitchell Biomass Power Station No Not applicable email 28 March 2010 — Scott Mitchell Biomass Power Station No Not applicable email Scott Mitchell and 6 April 2010 — Status of Spiritwest's Perth Adam Boyd (Pacific Yes Ian Rotheram meeting Bioenergy Project Energy) Meeting request to discuss Perth Brooke Bindon 6 May 2010 — email No Not applicable Bioenergy Project Bauxite Resources Limited's Donna Cole process of engagement with the Scott Mitchell and 8 September 2010 — (communications community and Government Yes Ian Rotheram meeting consultant to Bauxite about the company's plans in the Resources) South-West Chief of Staff Scott Mitchell may have had other contact with Mr Paul Everingham on a social basis. MINISTERIAL OFFICERS — CONTACT WITH PAUL EVERINGHAM 3910. Mr M. McGowan to the Minister representing the Minister for Environment; Youth Could the Minister advise if her Chief of Staff, or any other ministerial staff, have had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, which ministerial staff met with Mr Everingham or the representative of the company; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present?

7510 [ASSEMBLY - Tuesday, 12 October 2010]

Dr G.G. JACOBS replied: From 21st September 2009 — 24 September 2010 [See paper 2742.] MINISTERIAL OFFICERS — CONTACT WITH PAUL EVERINGHAM 3911. Mr M. McGowan to the Minister for Commerce; Science and Innovation; Housing; Minister Assisting the Treasurer Could the Minister advise if his Chief of Staff, or any other ministerial staff, have had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, which ministerial staff met with Mr Everingham or the representative of the company; (b) if yes, what were the dates of the contact(s) or meeting(s); (c) if yes, what was the nature or subject of discussion during the contact(s) or meeting(s); and (d) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr W.R. MARMION replied: Please be aware that Minister Marmion was only sworn in as a Minister of the Crown on the 28th of April 2010, as such answers will reflect from this period onwards. (a)-(d) - (i) Michael Dickson, 15 July 2010, Investment proposal in WA, Yes, Peter Stone/ Jeremy Kettle/ Ari Suss/ Brian Bradley/ Julie de Jong/ Brian Pontifex Neil Thompson, 23 July 2010, Definition of bulky durable goods, No, Not Applicable Kay Hammer, 19 July 2010, Introduction and overview of a proposal on behalf of Westridge Australia PTY LTD, No , Not Applicable Damian Callachor, 12 May 2010, Email of farewell, No, Not Applicable Damian Callachor, 18 May 2010, Personal catch up not work related, No, Not Applicable Ben O'Rourke, 07 July 2010 Bulky Goods Association, Retail trading hours, Yes, Phillipa Kelly/Rachael Turnseck Ben O'Rourke,11 July 2010 & 12 July 2010, Home Indemnity Insurance on behalf of BGC, No, Not Applicable Ben O'Rourke, 05 August 2010 & 14 September 2010, Bulky Goods Association and Retail trading hours, No Not Applicable Ben O'Rourke, 09 August 2010, Bulky Goods Association & Retail trading hours, No, Not Applicable Please note that the definition of "contact" that has been used consists of emails, phone calls and face to face meetings. MINISTERS — CONTACT WITH PAUL EVERINGHAM 3913. Mr M. McGowan to the Deputy Premier; Minister for Health; Indigenous Affairs Could the Deputy Premier advise if he has had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, what were the dates of the contact(s) or meeting(s) (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Dr K.D. HAMES replied: The following response is for contact from Monday 21 September 2009 to Friday 24 September 2010. (a) 13/07/2010 — meeting. (b) Epilepsy. (c) Yes. (i) Christian Allier, Carol Ireland, Dr Peter Silbert and Professor Frank Schaper.

[ASSEMBLY - Tuesday, 12 October 2010] 7511

MINISTERS — CONTACT WITH PAUL EVERINGHAM 3914. Mr M. McGowan to the Minister representing the Minister for Mines and Petroleum; Fisheries; Electoral Affairs Could the Minister advise if he has had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, what were the dates of the contact(s) or meeting(s) (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr W.R. MARMION replied: (a)-(c) (i) The Minister met with Jason Marocchi, Director of GRA Everingham on 23 July 2010. The subject of the meeting was an update on Bauxite Resources Ltd operations. MINISTERS — CONTACT WITH PAUL EVERINGHAM 3915. Mr M. McGowan to the Minister for Regional Development; Lands; Minister Assisting the Minister for State Development; Minister Assisting the Minister for Transport Could the Minister advise if he has had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, what were the dates of the contact(s) or meeting(s) (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr B.J. GRYLLS replied: No (a)-(c) Not applicable. MINISTERS — CONTACT WITH PAUL EVERINGHAM 3916. Mr M. McGowan to the Minister for Education; Tourism Could the Minister advise if she has had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, what were the dates of the contact(s) or meeting(s) (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Dr E. CONSTABLE replied: The following response is for contact from Monday, 21 September 2009 to Friday, 24 September 2010. No (a)-(c) (i) Not Applicable MINISTERS — CONTACT WITH PAUL EVERINGHAM 3917. Mr M. McGowan to the Minister representing the Minister for Transport; Disability Services Could the Minister advise if he has had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, what were the dates of the contact(s) or meeting(s) (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr M.J. COWPER replied: Yes (a)-(d) Please refer to attached spreadsheet. [See paper 2744.]

7512 [ASSEMBLY - Tuesday, 12 October 2010]

MINISTERS — CONTACT WITH PAUL EVERINGHAM 3918. Mr M. McGowan to the Minister for Police; Emergency Services; Road Safety Could the Minister advise if he has had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, what were the dates of the contact(s) or meeting(s) (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr R.F. JOHNSON replied: Date range to be from Monday 21 September 2009 to Friday 24 September 2010 (a) Yes, 9th July 2010 (b) Personal Meeting (c) No (i) N/A MINISTERS — CONTACT WITH PAUL EVERINGHAM 3919. Mr M. McGowan to the Minister for Sport and Recreation; Racing and Gaming; Minister Assisting the Minister for Health Could the Minister advise if he has had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, what were the dates of the contact(s) or meeting(s) (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr T.K. WALDRON replied: No (a)- (c) ( i) Not Applicable MINISTERS — CONTACT WITH PAUL EVERINGHAM 3920. Mr M. McGowan to the Minister for Planning; Culture and the Arts Could the Minister advise if he has had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, what were the dates of the contact(s) or meeting(s) (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr J.H.D. DAY replied: The following response is for contact from Monday 21 September 2009 to Friday 24 September 2010. (a) Yes — 23 July 2010 (b) Perth City Link, Waterfront Project, Freeway Stops (c) Yes (i) Tjorn Sibma MINISTERS — CONTACT WITH PAUL EVERINGHAM 3921. Mr M. McGowan to the Minister representing the Minister for Energy; Training and Workforce Development Could the Minister advise if he has had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, what were the dates of the contact(s) or meeting(s) (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present?

[ASSEMBLY - Tuesday, 12 October 2010] 7513

Mr W.R. MARMION replied: I have not had any official contact with Mr Paul Everingham, or any representatives of his company since 1 September 2009. There may have been occasions where I have had contact with Mr Everingham, or representatives of his company socially. MINISTERS — CONTACT WITH PAUL EVERINGHAM 3922. Mr M. McGowan to the Attorney General; Minister for Corrective Services Could the Attorney General advise if he has had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, what were the dates of the contact(s) or meeting(s) (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr C.C. PORTER replied: [See paper 2739.] MINISTERS — CONTACT WITH PAUL EVERINGHAM 3923. Mr M. McGowan to the Minister representing the Minister for Child Protection; Community Services; Seniors and Volunteering; Women's Interests Could the Minister advise if she has had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, what were the dates of the contact(s) or meeting(s) (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr A.J. SIMPSON replied: (a)-(c) (i) Nil MINISTERS — CONTACT WITH PAUL EVERINGHAM 3925. Mr M. McGowan to the Minister for Local Government; Heritage; Citizenship and Multicultural Interests Could the Minister advise if he has had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, what were the dates of the contact(s) or meeting(s) (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr G.M. CASTRILLI replied: The following answer refers date period of 21 September 2009 to 24 September 2010. (a)-(b) Please refer to the table below Date of Contact Method of Contact Topic of Discussion Any agreed action 25/11/2009 E-mail Providing information on AnaeCo No action required (c) (i) Not applicable MINISTERS — CONTACT WITH PAUL EVERINGHAM 3926. Mr M. McGowan to the Minister for Agriculture and Food; Forestry; Minister Assisting the Minister for Education Could the Minister advise if he has had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, what were the dates of the contact(s) or meeting(s) (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and

7514 [ASSEMBLY - Tuesday, 12 October 2010]

(c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr D.T. REDMAN replied: Yes The following response is for the time period Monday 21 September 2009 to Friday 24 September 2010. (a) 10 November 2009 (b) Hansol wished to alert Minister to concerns about possibility of coal being loaded at same berth as woodchips at Bunbury Port. (c) Yes (i) Ian Rotheram (Policy Officer) and Gary Inions (Hansol) MINISTERS — CONTACT WITH PAUL EVERINGHAM 3927. Mr M. McGowan to the Minister representing the Minister for Environment; Youth Could the Minister advise if she has had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, what were the dates of the contact(s) or meeting(s) (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Dr G.G. JACOBS replied: Date range is Monday 21 September 2009 to Friday 24 September 2010. Yes (a)-(c) (c) Other People (a) Date of Contact (b) Subject (i) Names Present? Brief unscheduled meeting — 28th January 2010 Yes John Carey PEW Environment Group Meeting — Kimberley 11th March 2010 Conservation and Science Yes Cara Babb and John Carey Strategy Meeting — LEED and Waste 23rd July 2010 Yes Cara Babb Management Joshua Harris, Stuart Cowie Meeting — Municipal Solid 24th August 2010 Yes (DEC), Ron Hoffman, Ron Waste Norris, Alex Sheridan MINISTERS — CONTACT WITH PAUL EVERINGHAM 3928. Mr M. McGowan to the Minister for Commerce; Science and Innovation; Housing; Minister Assisting the Treasurer Could the Minister advise if he has had any contact with Mr Paul Everingham, or a representative of Mr Everingham’s company, since 1 September 2009; and (a) if yes, what were the dates of the contact(s) or meeting(s) (b) if yes, what was the nature or subject of discussion during the contact(s) meeting(s); and (c) if yes, were other people present during the contact(s) or meeting(s); and (i) if yes, what were the names of the people present? Mr W.R. MARMION replied: Please be aware that Minister Marmion was only sworn in as a Minister of the Crown on the 28th of April 2010, as such answers will reflect from this period onwards. (a)-(c) (i) 13 July 2010, Introduction and overview of a proposal, Yes, Paul Whyte, Kay Hammer, William Marshall. 23 July 2010, Definition of bulky durable goods, Yes, Neil Thompson. 13 July 2010, Email introduction to a proposal, No, Not Applicable.

[ASSEMBLY - Tuesday, 12 October 2010] 7515

MINING — MISCELLANEOUS LICENCE APPLICATIONS 3932. Mr M. McGowan to the Minister representing the Minister for Mines and Petroleum I refer to the 65-day rule for the turn-around of miscellaneous licence applications, and ask: (a) what is the total number of applications that have been dealt with since the introduction of the rule in April 2009; (b) as at 1 September 2010, how many applications have not been dealt with within 65 days; and (c) as at 1 September 2010, what percentage of applications has not been dealt with within 65 days? Mr W.R. MARMION replied: (a) 105 Miscellaneous Licence applications. (b) 10 Miscellaneous Licence applications not dealt with within 65 day benchmark. (c) 11% Miscellaneous Licence applications not dealt with within 65 day benchmark. MINING — RETENTION LEASE APPLICATIONS 3933. Mr M. McGowan to the Minister representing the Minister for Mines and Petroleum I refer to the 65-day rule for the turn-around of retention lease applications, and ask: (a) what is the total number of applications that have been dealt with since the introduction of the rule in April 2009; (b) as at 1 September 2010, how many applications have not been dealt with within 65 days; and (c) as at 1 September 2010, what percentage of applications has not been dealt with within 65 days? Mr W.R. MARMION replied: (a) 2 Retention Licence applications. (b) 1 Retention Licence application not dealt with within 65 day benchmark. (c) 50% Retention Licence applications not dealt with within 65 day benchmark. MINING — GENERAL PURPOSE LICENCE APPLICATIONS 3934. Mr M. McGowan to the Minister representing the Minister for Mines and Petroleum I refer to the 65-day rule for the turn-around of general purpose licence applications, and ask: (a) what is the total number of applications that have been dealt with since the introduction of the rule in April 2009; (b) as at 1 September 2010, how many applications have not been dealt with within 65 days; and (c) as at 1 September 2010, what percentage of applications has not been dealt with within 65 days? Mr W.R. MARMION replied: (a) 54 General Purpose Lease applications. (b) 3 General Purpose Lease applications not dealt with within 65 day benchmark. (c) 6% General Purpose Lease applications not dealt with within 65 day benchmark. MINING — EXPLORATION LICENCE APPLICATIONS 3935. Mr M. McGowan to the Minister representing the Minister for Mines and Petroleum I refer to the 65-day rule for the turn-around of exploration licence applications, and ask: (a) what is the total number of applications that have been dealt with since the introduction of the rule in April 2009; (b) as at 1 September 2010, how many applications have not been dealt with within 65 days; and (c) as at 1 September 2010, what percentage of applications has not been dealt with within 65 days? Mr W.R. MARMION replied: (a) 1872 Exploration Licence applications. (b) 202 Exploration Licence applications not dealt with within 65 day benchmark. (c) 11% Exploration Licence applications not dealt with within 65 day benchmark.

7516 [ASSEMBLY - Tuesday, 12 October 2010]

MINING — PROSPECTING LICENCE APPLICATIONS 3936. Mr M. McGowan to the Minister representing the Minister for Mines and Petroleum I refer to the 65-day rule for the turn-around of prospecting licence applications, and ask: (a) what is the total number of applications that have been dealt with since the introduction of the rule in April 2009; (b) as at 1 September 2010, how many applications have not been dealt with within 65 days; and (c) as at 1 September 2010, what percentage of applications has not been dealt with within 65 days? Mr W.R. MARMION replied: (a) 1039 Prospecting Licences. (b) 157 Prospecting Licences not dealt with within 65 day benchmark (c) 15% of Prospecting Licences not dealt with within 65 day benchmark MINING — MINING LICENCE APPLICATIONS 3937. Mr M. McGowan to the Minister representing the Minister for Mines and Petroleum I refer to the 65-day rule for the turn-around of mining licence applications, and ask: (a) what is the total number of applications that have been dealt with since the introduction of the rule in April 2009; (b) as at 1 September 2010, how many applications have not been dealt with within 65 days; and (c) as at 1 September 2010, what percentage of applications has not been dealt with within 65 days? Mr W.R. MARMION replied: (a) There is no tenement type known as a "mining licence" however there is a tenement type called a mining lease and please refer to the answer to Parliamentary Question 3938. (b)-(c) Not applicable. MINING — MINING LICENCE APPLICATIONS 3938. Mr M. McGowan to the Minister representing the Minister for Mines and Petroleum I refer to the 65-day rule for the turn-around of mining lease applications, and ask: (a) what is the total number of applications that have been dealt with since the introduction of the rule in April 2009; (b) as at 1 September 2010, how many applications have not been dealt with within 65 days; and (c) as at 1 September 2010, what percentage of applications has not been dealt with within 65 days? Mr W.R. MARMION replied: (a) 58 Mining Lease applications. (b) 5 Mining Lease applications not dealt with within 65 day benchmark. (c) 9% of Mining lease applications not dealt with within 65 day bench mark. MINISTER FOR AGRICULTURE AND FOOD — DARWIN FLIGHTS 3940. Mr M. McGowan to the Minister for Agriculture and Food I refer to the Minister’s flight to Darwin on 22 April 2010, and his flight from Darwin to Albany on 24 April 2010, and ask: (a) what was the purpose of the flight to Darwin; (b) what was the purpose of the flight from Darwin to Albany; (c) why was a commercial flight not taken; (d) what are the names of all the people who were passengers on the flight from Perth to Darwin, and those on the flight from Darwin to Albany; (e) was the Minister on the flight back to Perth from Albany; and (i) if not, why not; (f) what are the names of all the people who were passengers on the flight from Albany back to Perth; and (g) what were the separate costs of the individual flights from Perth to Darwin, Darwin to Albany, and Albany to Perth?

[ASSEMBLY - Tuesday, 12 October 2010] 7517

Mr D.T. REDMAN replied: (a) Official Ministerial Business -- Northern Ministers Meeting, Primary Industries Ministerial Council meetings, Natural Resource Management Ministerial Council meeting and other bilateral ministerial meetings. (b)-(c) Commercial flights were not practical. (d) Perth to Darwin passengers - Minister Redman Rob Delane, Department of Agriculture and Food WA Director General Scott Mitchell, Chief of Staff Minister Kon Vatskalis Deirdre Logie, Office of Minister Vatskalis Darwin to Albany passengers - Minister Redman Rob Delane Scott Mitchell (e) No (i) Returning home from Ministerial duties. (f) Albany to Perth passengers — Rob Delane Scott Mitchell (g) Please refer this part of the question to the appropriate Minister. PUBLIC HOUSING — MAINTENANCE BACKLOG 3941. Mr M. McGowan to the Minister for Housing (1) What is the breakdown of the Department of Housing’s maintenance backlog per district/region, as at 1 September 2010? (2) What is the cost of the maintenance backlog per district, as at 1 September 2010? (3) What is the longest period an individual house has been awaiting maintenance, per district, as at 1 September 2010? Mr W.R. MARMION replied: The Department of Housing advises: (1) The below figures include multiple job orders issued against single properties. The number of proposals represented is less than the number of job orders. Metro North 5157 Great Southern 470 Kimberley 1202 South West 757 Metro South East 4273 Metro South 3435 Midwest 993 Goldfields 692 Wheatbelt 890 Pilbara 1887 Total 19756 (2) The figures in the table below represent the total value of maintenance payments outstanding as at 1 September, 2010. These include the value of job orders where: (a) Job order has been issued but work not commenced (b) Work commenced but not completed (c) Work completed but not yet paid It is important to note that these figures do not represent the total value of incomplete work. Metro North 1,108,115.57 Great Southern 142,740.76

7518 [ASSEMBLY - Tuesday, 12 October 2010]

Kimberley 480,258.53 South West 144,583.83 Metro South East 750,848.13 Metro South 553,603.62 Midwest 252,000.71 Goldfields 365,245.45 Wheatbelt 277,368.28 Pilbara 786,629.10 4,861,393.98 (3) 62 days per region. As also outlined above, outstanding job orders include situations where the: (a) Job order has been issued but work not commenced (b) Work has commenced but not completed (c) Work is completed but not yet paid COWPARADE MARGARET RIVER — COW PURCHASE BY GOVERNMENT DEPARTMENTS 3943. Mr J.N. Hyde to the Deputy Premier; Minister for Health; Indigenous Affairs In relation to the Royalties for Regions-subsidised Margaret River Cow Parade, I ask whether any agencies, departments, associated entities or ministerial offices within the Deputy Premier’s portfolio have directly purchased any cows, or further subsidised the creation or purchase of a cow, from the Royalties for Regions- subsidised Margaret River Cow Parade; and (a) if so, how many cows were purchased; (b) if so, how much did each cow cost; (c) if so, where is the cow intended to be located; (d) if so, what is the handover date for the cow; (e) if so, have any embellishments been made to the purchased cow; (f) if so, what pen, fencing or housing will host the cow; and (g) if so, what percentage of the cost involved copyright and royalties payments to overseas copyright holders? Dr K.D. HAMES replied: Deputy Premier's Ministerial Office, Department of Indigenous Affairs, Department of Health, Nurses and Midwives Board of Western Australia, Office of Health Review and Healthway It is noted members of the opposition have vehemently opposed the highly successful CowParade initiative. The CowParade is world renowned having featured in more than 50 cities throughout the world, including Paris, Tokyo and London. It is also noted that members opposite have maintained opposition to the parade despite the resultant 15% increase in tourism numbers to Margaret River and the raising of $393,000 for charities including Telethon, the Starlight Foundation, Augusta-Margaret River SES and the McGrath Foundation. (a)-(g) Not applicable. COWPARADE MARGARET RIVER — COW PURCHASE BY GOVERNMENT DEPARTMENTS 3944. Mr J.N. Hyde to the Minister representing the Minister for Mines and Petroleum; Fisheries; Electoral Affairs In relation to the Royalties for Regions-subsidised Margaret River Cow Parade, I ask whether any agencies, departments, associated entities or ministerial offices within the Minister’s portfolio have directly purchased any cows, or further subsidised the creation or purchase of a cow, from the Royalties for Regions-subsidised Margaret River Cow Parade; and (a) if so, how many cows were purchased; (b) if so, how much did each cow cost; (c) if so, where is the cow intended to be located; (d) if so, what is the handover date for the cow; (e) if so, have any embellishments been made to the purchased cow; (f) if so, what pen, fencing or housing will host the cow; and (g) if so, what percentage of the cost involved copyright and royalties payments to overseas copyright holders?

[ASSEMBLY - Tuesday, 12 October 2010] 7519

Mr W.R. MARMION replied: Ministerial Office Department of Mines & Petroleum Minerals & Energy Research Institute of WA Department of Fisheries Western Australian Electoral Commission (a) Nil (b)-(g) Not applicable. COWPARADE MARGARET RIVER — COW PURCHASE BY GOVERNMENT DEPARTMENTS 3945. Mr J.N. Hyde to the Minister for Regional Development; Lands; Minister Assisting the Minister for State Development; Minister Assisting the Minister for Transport In relation to the Royalties for Regions-subsidised Margaret River Cow Parade, I ask whether any agencies, departments, associated entities or ministerial offices within the Minister’s portfolio have directly purchased any cows, or further subsidised the creation or purchase of a cow, from the Royalties for Regions-subsidised Margaret River Cow Parade; and (a) if so, how many cows were purchased; (b) if so, how much did each cow cost; (c) if so, where is the cow intended to be located; (d) if so, what is the handover date for the cow; (e) if so, have any embellishments been made to the purchased cow; (f) if so, what pen, fencing or housing will host the cow; and (g) if so, what percentage of the cost involved copyright and royalties payments to overseas copyright holders? Mr B.J. GRYLLS replied: The office of the Minister for Regional Development; Lands, the Department of Regional Development and Lands, LandCorp, Landgate, The Gascoyne, Goldfields-Esperance, Great Southern, Mid West, Kimberley, Peel, Pilbara, South West and Wheatbelt Development Commissions. No, although LandCorp did sponsor the creation of a Margaret River Cow by a local artist at the project outset as part of its ongoing strategic sponsorship commitment to activities within the South West region of Western Australia. This was funded by LandCorp's annual corporate budget. (a)-(g) Not applicable. COWPARADE MARGARET RIVER — COW PURCHASE BY GOVERNMENT DEPARTMENTS 3946. Mr J.N. Hyde to the Minister for Education; Tourism In relation to the Royalties for Regions-subsidised Margaret River Cow Parade, I ask whether any agencies, departments, associated entities or ministerial offices within the Minister’s portfolio have directly purchased any cows, or further subsidised the creation or purchase of a cow, from the Royalties for Regions-subsidised Margaret River Cow Parade; and (a) if so, how many cows were purchased; (b) if so, how much did each cow cost; (c) if so, where is the cow intended to be located; (d) if so, what is the handover date for the cow; (e) if so, have any embellishments been made to the purchased cow; (f) if so, what pen, fencing or housing will host the cow; and (g) if so, what percentage of the cost involved copyright and royalties payments to overseas copyright holders? Dr E. CONSTABLE replied: Ministerial Office No (a)-(g) Not applicable.

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Department of Education Services No (a)-(g) Not applicable. Tourism WA No (a)-(g) Not applicable. Curriculum Council No (a)-(g) Not applicable. Rottnest Island Authority No (a)-(g) Not applicable. Department of Education No (a)-(g) Not applicable. Public Education Endowment Trust No (a)-(g) Not applicable. Country High School Hostels Authority No (a)-(g) Not applicable. COWPARADE MARGARET RIVER — COW PURCHASE BY GOVERNMENT DEPARTMENTS 3947. Mr J.N. Hyde to the Minister representing the Minister for Transport; Disability Services In relation to the Royalties for Regions-subsidised Margaret River Cow Parade, I ask whether any agencies, departments, associated entities or ministerial offices within the Minister’s portfolio have directly purchased any cows, or further subsidised the creation or purchase of a cow, from the Royalties for Regions-subsidised Margaret River Cow Parade; and (a) if so, how many cows were purchased; (b) if so, how much did each cow cost; (c) if so, where is the cow intended to be located; (d) if so, what is the handover date for the cow; (e) if so, have any embellishments been made to the purchased cow; (f) if so, what pen, fencing or housing will host the cow; and (g) if so, what percentage of the cost involved copyright and royalties payments to overseas copyright holders? Mr M.J. COWPER replied: Public Transport Authority No. (a)-(g) Not applicable. Main Roads No. (a)-(g) Not applicable. Disability Services Commission No. (a)-(g) Not applicable. Department of Transport No. (a)-(g) Not applicable.

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Ministerial Office No. (a)-(g) Not applicable. COWPARADE MARGARET RIVER — COW PURCHASE BY GOVERNMENT DEPARTMENTS 3948. Mr J.N. Hyde to the Minister for Police; Emergency Services; Road Safety In relation to the Royalties for Regions-subsidised Margaret River Cow Parade, I ask whether any agencies, departments, associated entities or ministerial offices within the Minister’s portfolio have directly purchased any cows, or further subsidised the creation or purchase of a cow, from the Royalties for Regions-subsidised Margaret River Cow Parade; and (a) if so, how many cows were purchased; (b) if so, how much did each cow cost; (c) if so, where is the cow intended to be located; (d) if so, what is the handover date for the cow; (e) if so, have any embellishments been made to the purchased cow; (f) if so, what pen, fencing or housing will host the cow; and (g) if so, what percentage of the cost involved copyright and royalties payments to overseas copyright holders? Mr R.F. JOHNSON replied: It is noted members of the opposition have vehemently opposed the highly successful CowParade initiative. The CowParade is world renowned having featured in more than 50 cities throughout the world, including Paris, Tokyo and London. It is also noted that members opposite have maintained opposition to the parade despite the resultant 15% increase in tourism numbers to Margaret River and the raising of $393,000 for charities including Telethon, the Starlight Foundation, Augusta-Margaret River SES and the McGrath Foundation. Ministerial Office, WA Police, Office of Road Safety - (a)-(g) No. FESA — (a)-(g) The Fire and Emergency Services Authority of Western Australia (FESA) advises that no Margaret River Cow Parade cows were purchased however, a cow (miniature sculpture) was supplied by the Augusta Margaret River Tourist Association (AMRTA) at no charge to the Augusta Margaret River Volunteer State Emergency Service (SES) in exchange for support by SES volunteers to assist in securing the 'cow sculptures' in place throughout the region. The AMRTA nominated the SES as the recipient of the funds from the sale of 'mooSES the cow' at public auction. Funds of $3636.36 were donated to the Augusta Margaret River Volunteer SES. COWPARADE MARGARET RIVER — COW PURCHASE BY GOVERNMENT DEPARTMENTS 3949. Mr J.N. Hyde to the Minister for Sport and Recreation; Racing and Gaming; Minister Assisting the Minister for Health In relation to the Royalties for Regions-subsidised Margaret River Cow Parade, I ask whether any agencies, departments, associated entities or ministerial offices within the Minister’s portfolio have directly purchased any cows, or further subsidised the creation or purchase of a cow, from the Royalties for Regions-subsidised Margaret River Cow Parade; and (a) if so, how many cows were purchased; (b) if so, how much did each cow cost; (c) if so, where is the cow intended to be located; (d) if so, what is the handover date for the cow; (e) if so, have any embellishments been made to the purchased cow; (f) if so, what pen, fencing or housing will host the cow; and (g) if so, what percentage of the cost involved copyright and royalties payments to overseas copyright holders? Mr T.K. WALDRON replied: MINISTERIAL OFFICE No

7522 [ASSEMBLY - Tuesday, 12 October 2010]

(a)-(g) Not applicable. DEPARTMENT OF SPORT AND RECREATION No (a)-(g) Not applicable. VENUESWEST No (a)-(g) Not applicable. DEPARTMENT OF RACING, GAMING AND LIQUOR No (a)-(g) Not applicable. COWPARADE MARGARET RIVER — COW PURCHASE BY GOVERNMENT DEPARTMENTS 3950. Mr J.N. Hyde to the Minister for Planning; Culture and the Arts In relation to the Royalties for Regions-subsidised Margaret River Cow Parade, I ask whether any agencies, departments, associated entities or ministerial offices within the Minister’s portfolio have directly purchased any cows, or further subsidised the creation or purchase of a cow, from the Royalties for Regions-subsidised Margaret River Cow Parade; and (a) if so, how many cows were purchased; (b) if so, how much did each cow cost; (c) if so, where is the cow intended to be located; (d) if so, what is the handover date for the cow; (e) if so, have any embellishments been made to the purchased cow; (f) if so, what pen, fencing or housing will host the cow; and (g) if so, what percentage of the cost involved copyright and royalties payments to overseas copyright holders? Mr J.H.D. DAY replied: Ministerial Office No (a)-(g) The State Library of Western Australia purchased one (1) cow for $8,500. No 'embellishments' have been made to the cow. No copyright or royalty payments were included in that price. COWPARADE MARGARET RIVER — COW PURCHASE BY GOVERNMENT DEPARTMENTS 3951. Mr J.N. Hyde to the Minister representing the Minister for Energy; Training and Workforce Development In relation to the Royalties for Regions-subsidised Margaret River Cow Parade, I ask whether any agencies, departments, associated entities or ministerial offices within the Minister’s portfolio have directly purchased any cows, or further subsidised the creation or purchase of a cow, from the Royalties for Regions-subsidised Margaret River Cow Parade; and (a) if so, how many cows were purchased; (b) if so, how much did each cow cost; (c) if so, where is the cow intended to be located; (d) if so, what is the handover date for the cow; (e) if so, have any embellishments been made to the purchased cow; (f) if so, what pen, fencing or housing will host the cow; and (g) if so, what percentage of the cost involved copyright and royalties payments to overseas copyright holders? Mr W.R. MARMION replied: (a) The Margaret River Education Campus purchased 4 cows. (b) $3,000.

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(c) Two of the cows have been retained for display at the MREC. (d) Two cows were auctioned and their location is unknown at present, two retained on MREC. (e) No further expenditure. (f) Not applicable. The piece of art is displayed in the campus foyer. (g) Unknown. No other agencies, departments or associated entities within my portfolios purchased any cows from the Margaret River Cow Parade. My office did not purchase any cows from the Margaret River Cow Parade. COWPARADE MARGARET RIVER — COW PURCHASE BY GOVERNMENT DEPARTMENTS 3952. Mr J.N. Hyde to the Attorney General; Minister for Corrective Services In relation to the Royalties for Regions-subsidised Margaret River Cow Parade, I ask whether any agencies, departments, associated entities or ministerial offices within the Attorney General’s portfolio have directly purchased any cows, or further subsidised the creation or purchase of a cow, from the Royalties for Regions- subsidised Margaret River Cow Parade; and (a) if so, how many cows were purchased; (b) if so, how much did each cow cost; (c) if so, where is the cow intended to be located; (d) if so, what is the handover date for the cow; (e) if so, have any embellishments been made to the purchased cow; (f) if so, what pen, fencing or housing will host the cow; and (g) if so, what percentage of the cost involved copyright and royalties payments to overseas copyright holders? Mr C.C. PORTER replied: It is noted members of the opposition have vehemently opposed the highly successful CowParade initiative. The CowParade is world renowned having featured in more than 50 cities throughout the world, including Paris, Tokyo and London. It is also noted that members opposite have maintained opposition to the parade despite the resultant 15% increase in tourism numbers to Margaret River and the raising of $393,000 for charities including Telethon, the Starlight Foundation, Augusta-Margaret River SES and the McGrath Foundation. MINISTERIAL OFFICE No (a)-(g) Not applicable. Commissioner for Children and Young People No (a)-(g) Not applicable. Corruption and Crime Commission of Western Australia No (a)-(g) Not applicable. Department of Corrective Services No (a)-(g) Not applicable. Department of the Attorney General No (a)-(g) Not applicable. Equal Opportunity Commission of Western Australia No (a)-(g) Not applicable. Law Reform Commission of Western Australia No

7524 [ASSEMBLY - Tuesday, 12 October 2010]

(a)-(g) Not applicable. Legal Aid Commission of Western Australia No (a)-(g) Not applicable. Office of the Director of Public Prosecutions No (a)-(g) Not applicable. Office of the Information Commissioner No (a)-(g) Not applicable. State Solicitor's Office No (a)-(g) Not applicable. Solicitor General's Office No (a)-(g) Not applicable. COWPARADE MARGARET RIVER — COW PURCHASE BY GOVERNMENT DEPARTMENTS 3953. Mr J.N. Hyde to the Minister representing the Minister for Child Protection; Community Services; Seniors and Volunteering; Women's Interests In relation to the Royalties for Regions-subsidised Margaret River Cow Parade, I ask whether any agencies, departments, associated entities or ministerial offices within the Minister’s portfolio have directly purchased any cows, or further subsidised the creation or purchase of a cow, from the Royalties for Regions-subsidised Margaret River Cow Parade; and (a) if so, how many cows were purchased; (b) if so, how much did each cow cost; (c) if so, where is the cow intended to be located; (d) if so, what is the handover date for the cow; (e) if so, have any embellishments been made to the purchased cow; (f) if so, what pen, fencing or housing will host the cow; and (g) if so, what percentage of the cost involved copyright and royalties payments to overseas copyright holders? Mr A.J. SIMPSON replied: Ministerial Office No (a)-(g) Not applicable. Department Child Protection No (a)-(g) Not applicable. Department For Communities No (a)-(g) Not applicable. It is noted members of the opposition have vehemently opposed the highly successful CowParade initiative. The CowParade is world renowned having featured in more than 50 cities throughout the world, including Paris, Tokyo and London. It is also noted that members opposite have maintained opposition to the parade despite the resultant 15% increase in tourism numbers to Margaret River and the raising of $393,000 for charities including Telethon, the Starlight Foundation, Augusta-Margaret River SES and the McGrath Foundation.

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COWPARADE MARGARET RIVER — COW PURCHASE BY GOVERNMENT DEPARTMENTS 3955. Mr J.N. Hyde to the Minister for Local Government; Heritage; Citizenship and Multicultural Interests In relation to the Royalties for Regions-subsidised Margaret River Cow Parade, I ask whether any agencies, departments, associated entities or ministerial offices within the Minister’s portfolio have directly purchased any cows, or further subsidised the creation or purchase of a cow, from the Royalties for Regions-subsidised Margaret River Cow Parade; and (a) if so, how many cows were purchased; (b) if so, how much did each cow cost; (c) if so, where is the cow intended to be located; (d) if so, what is the handover date for the cow; (e) if so, have any embellishments been made to the purchased cow; (f) if so, what pen, fencing or housing will host the cow; and (g) if so, what percentage of the cost involved copyright and royalties payments to overseas copyright holders? Mr G.M. CASTRILLI replied: It is noted members of the opposition have vehemently opposed the highly successful CowParade initiative. The CowParade is world renowned having featured in more than 50 cities throughout the world, including Paris, Tokyo and London. It is also noted that members opposite have maintained opposition to the parade despite the resultant 15% increase in tourism numbers to Margaret River and the raising of $393,000 for charities including Telethon, the Starlight Foundation, Augusta-Margaret River SES and the McGrath Foundation. Ministerial Office; Department of Local Government including the Office of Multicultural Interests; Heritage Council of Western Australia; Metropolitan Cemeteries Board and National Trust of Australia (Western Australia) No (a)-(g) Not applicable. COWPARADE MARGARET RIVER — COW PURCHASE BY GOVERNMENT DEPARTMENTS 3956. Mr J.N. Hyde to the Minister for Agriculture and Food; Forestry; Minister Assisting the Minister for Education In relation to the Royalties for Regions-subsidised Margaret River Cow Parade, I ask whether any agencies, departments, associated entities or ministerial offices within the Minister’s portfolio have directly purchased any cows, or further subsidised the creation or purchase of a cow, from the Royalties for Regions-subsidised Margaret River Cow Parade; and (a) if so, how many cows were purchased; (b) if so, how much did each cow cost; (c) if so, where is the cow intended to be located; (d) if so, what is the handover date for the cow; (e) if so, have any embellishments been made to the purchased cow; (f) if so, what pen, fencing or housing will host the cow; and (g) if so, what percentage of the cost involved copyright and royalties payments to overseas copyright holders? Mr D.T. REDMAN replied: It is noted members of the opposition have vehemently opposed the highly successful CowParade initiative. The CowParade is world renowned having featured in more than 50 cities throughout the world, including Paris, Tokyo and London. It is also noted that members opposite have maintained opposition to the parade despite the resultant 15% increase in tourism numbers to Margaret River and the raising of $393,000 for charities including Telethon, the Starlight Foundation, Augusta-Margaret River SES and the McGrath Foundation. The Augusta-Margaret River Tourism Association advises that no cows were purchased by any agency, department, associated entity or ministerial office within the Minister's portfolio. (a)-(g) Not applicable.

7526 [ASSEMBLY - Tuesday, 12 October 2010]

COWPARADE MARGARET RIVER — COW PURCHASE BY GOVERNMENT DEPARTMENTS 3957. Mr J.N. Hyde to the Minister representing the Minister for Environment; Youth In relation to the Royalties for Regions-subsidised Margaret River Cow Parade, I ask whether any agencies, departments, associated entities or ministerial offices within the Minister’s portfolio have directly purchased any cows, or further subsidised the creation or purchase of a cow, from the Royalties for Regions-subsidised Margaret River Cow Parade; and (a) if so, how many cows were purchased; (b) if so, how much did each cow cost; (c) if so, where is the cow intended to be located; (d) if so, what is the handover date for the cow; (e) if so, have any embellishments been made to the purchased cow; (f) if so, what pen, fencing or housing will host the cow; and (g) if so, what percentage of the cost involved copyright and royalties payments to overseas copyright holders? Dr G.G. JACOBS replied: It is noted members of the opposition have vehemently opposed the highly successful CowParade initiative. The CowParade is world renowned having featured in more than 50 cities throughout the world, including Paris, Tokyo and London. It is also noted that members opposite have maintained opposition to the parade despite the resultant 15% increase in tourism numbers to Margaret River and the raising of $393,000 for charities including Telethon, the Starlight Foundation, Augusta-Margaret River SES and the McGrath Foundation. Ministerial Office; Department of Environment and Conservation; Office of the Appeals Convenor; Office of the Environmental Protection Authority; Swan River Trust; Perth Zoo; Botanic Gardens and Parks Authority; Department for Communities, including the Office for Youth Nil. (a)-(g) Not applicable. COWPARADE MARGARET RIVER — COW PURCHASE BY GOVERNMENT DEPARTMENTS 3958. Mr J.N. Hyde to the Minister for Commerce; Science and Innovation; Housing; Minister Assisting the Treasurer In relation to the Royalties for Regions-subsidised Margaret River Cow Parade, I ask whether any agencies, departments, associated entities or ministerial offices within the Minister’s portfolio have directly purchased any cows, or further subsidised the creation or purchase of a cow, from the Royalties for Regions-subsidised Margaret River Cow Parade; and (a) if so, how many cows were purchased; (b) if so, how much did each cow cost; (c) if so, where is the cow intended to be located; (d) if so, what is the handover date for the cow; (e) if so, have any embellishments been made to the purchased cow; (f) if so, what pen, fencing or housing will host the cow; and (g) if so, what percentage of the cost involved copyright and royalties payments to overseas copyright holders? Mr W.R. MARMION replied: It is noted members of the opposition have vehemently opposed the highly successful CowParade initiative. The CowParade is world renowned having featured in more than 50 cities throughout the world, including Paris, Tokyo and London. It is also noted that members opposite have maintained opposition to the parade despite the resultant 15% increase in tourism numbers to Margaret River and the raising of $393,000 for charities including Telethon, the Starlight Foundation, Augusta-Margaret River SES and the McGrath Foundation. For the agencies under the Minister's control the answer is: No (a)-(g) Not applicable.

[ASSEMBLY - Tuesday, 12 October 2010] 7527

PULSE BREEDING PROGRAM 3960. Mr M.P. Murray to the Minister for Agriculture and Food (1) How long is the pulse breeding program expected to continue? (2) Has there been other industry specialist partners working on the program with the Department of Agriculture and Food Western Australia; and (i) if so, who are they? (3) How many staff are involved in the pulse breeding program? (4) What are their positions and levels? Mr D.T. REDMAN replied: Department of Agriculture and Food (1) Pulse breeding is on-going through a National Pulse Breeding partnership of entity Pulse Breeding Australia (PBA), which is an unincorporated joint venture involving the Department of Agriculture and Food Western Australia (the Department) with the Grain Research and Development Corporation and four other State departments and the University of Adelaide. (2) Yes (i) The Department has been involved in a separate chickpea breeding program with the Council of Grain Growers Organisation (COGGO) and the University of Western Australia. (3) Thirteen. (4) Senior Plant Breeder SCL 4 Research Officer SCL 4 Research Officer SCL 4 Research Officer SCL 4 Development Officer SCL 3 Technical Officer L 4 Technical Officer L 4 Technical Officer L 4 Technical Officer L 3 Technical Officer L 3 Technical Officer L 3 Technical Officer L 2 Technical Officer L 2 SCHOOL SITE IN JANE BROOK — USE BY OFF-ROAD VEHICLES 3961. Mrs M.H. Roberts to the Minister for Education (1) Is the proposed primary school in Jane Brook still going to be built on Education Department land adjacent to Aquarian Drive, Jane Brook; and (a) if yes, when; and (b) if not, what is the future plan for the Education Department land that is adjacent to Aquarian Drive, Jane Brook? (2) Is the Minister aware that recent attempts to prevent the use of off-road vehicles on this land has had very limited success? (3) What further action is the Minister prepared to take to curb the dangerous and escalating use of off-road vehicles on this land which is owned by her department? (4) What are the details of any contact that the Minister’s Department has had with the City of Swan in the last two years with respect to this school site? (5) On what date was each such contact made? Dr E. CONSTABLE replied: (1) The Department of Education has set aside a site for a primary school on the corner of Aquarian Drive and Farrall Road, Jane Brook. (a) The Department currently has no plan to build a primary school on the site on the corner of Aquarian Drive and Farrall Road, Jane Brook. (b) The Department currently has no plan to relinquish the site on the corner of Aquarian Drive and Farrall Road, Jane Brook.

7528 [ASSEMBLY - Tuesday, 12 October 2010]

(2) Yes. (3) The Department has previously installed boulders and erected "No Trespassing" signs in an endeavour to deter antisocial behaviour. It is not Departmental policy to fence vacant school sites. (4) The Department's Infrastructure property team has had no contact with the City of Swan over this site. (5) Not applicable. “BUY WEST EAT BEST” CAMPAIGN — BUDGET 3962. Mr M.P. Murray to the Minister for Agriculture and Food In relation to the Department of Agriculture and Food Western Australia campaign entitled ‘Buy West Eat Local – Be Vocal about Eating Local’ and the application for approval of campaign and other paid communications over $150,000, I ask: (a) given that the total campaign budget has been listed as $775,000 and the estimated expenditure of the campaign totals $786,000, has the 5% been allocated for the campaign pre and post analysis; and (b) which amount has the 5% been allocated against? Mr D.T. REDMAN replied: As the Member should be aware, the voluntary food labelling program is called Buy West, Eat Best while the program's most recent advertising campaign was themed "Be vocal about eating local". There was also another campaign themed "Is Your Food From WA?" a) Yes b) The 5% was allocated against the budgeted $775,000. However, even using the higher figure of the estimated expenditure of $786,000, the amount of campaign analysis conducted represents 6.4% of this advertising expenditure and 8.0% if you include the industry analysis of October 2009. This analysis has been vital in guiding improvements to the Buy West, Eat Best program and a major contributor to increasing the confidence and funding from industry and its success in increasing demand for local food products. PROSTITUTION ACT 2000 — WORKING GROUP MEETINGS 3963. Mr M.P. Murray to the Minister for Racing and Gaming In relation to amendments to the Prostitution Act 2000 and the seven meetings of the working group chaired by the Department of the Attorney General, I ask: (a) how many meetings have been held in the last two years; (b) how many have been held this year; and (c) who was in attendance at each of these meetings? Mr T.K. WALDRON replied: (a) In March 2009, the Attorney General established a Senior Officers Group, chaired by the Department of the Attorney General, to lead the development of legislation to control prostitution in Western Australia. Staff of the Department of Racing, Gaming and Liquor has attended seven (7) meetings of the group. (b) Four meetings have been held in 2010. (c) Attendees from the Department of Racing, Gaming and Liquor were: February — Nil Department of Racing, Gaming and Liquor attendees March — Director of Licensing attended April — Director of Licensing and Principle Policy Officer attended May — Director of Licensing attended. ROADSIDE DRUG TESTS — NUMBER 3964. Ms M.M. Quirk to the Minister for Police (1) How many roadside drug tests were conducted by police in the 2008 calendar year? (2) How many roadside drug tests were conducted by police in the 2009 calendar year? (3) How many roadside drug tests were conducted by police from 1 January 2010 to 30 August 2010? (4) How many targeted operations for drug drivers have been conducted this year; and (a) at what locations; and (b) on what dates?

[ASSEMBLY - Tuesday, 12 October 2010] 7529

(5) What drugs were detected in those tests? (6) Does the current drug testing regime detect ketamine? Mr R.F. JOHNSON replied: (1) 9169 (2) 7527 (3) 6051 (4) 510 (a)-(b) [See paper 2740.] (5) Drugs found by ChemCentre for 256 completed oral fluid analyses so far in 2010 were: Cannabis (THC) only = 51 Methylamphetamine only = 130 Ecstasy (MDMA) only = 1 THC+Meth = 69 THC+MDMA = 2 THC+Meth+MDMA = 3 (6) No ROAD SAFETY ADVERTISING CAMPAIGNS — BUDGET 3965. Ms M.M. Quirk to the Minister for Road Safety What amount was spent on road safety advertising campaigns in the following financial years: (a) 2007–2008; (b) 2008–2009; and (c) 2009–2010? Mr R.F. JOHNSON replied: (a) $6,235,947 (b) $5,529,133 (c) $6,324,500 EMERGENCY ALERT SYSTEM — ASSESSMENT 3967. Ms M.M. Quirk to the Minister for Emergency Services (1) Has an assessment been made of the trial operation of the State Alert Emergency Alert System; and if so — (a) who conducted that assessment and did it recommend any remedial action or upgrade; (b) were any problems identified relating to congestion; and (c) if so, what remedial action, if any, has been or is planned to be taken; and (d) what was the maximum volume of calls able to be handled at peak times? Mr R.F. JOHNSON replied: (1) Yes (a) The assessment was carried out during the high fire season of 2009-10, both internally and by the third party messaging provider supporting StateAlert. The trial identified operational and technical considerations to improve the efficiency of the alerting process, including improvement of the integrity of address data from the Location Based Number System, improvement of mapping data and general system robustness — hardware and software configuration changes. In addition the opt-in function of StateAlert was identified as highly successful in offering a facility for people to nominate additional phone numbers and properties for notification, with thousands currently registered. (b) No congestion problems with this StateAlert trial. (i) N/A. (c) The maximum volume of calls is determined by a number of factors, including the number of messaging provider call ports available to send calls, message length (timespan of message) and composition of the message and the number of calls going to message bank or answering

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machines. It is also governed by the capacity of the destination exchange. During the trial, the maximum volume of voice calls StateAlert would handle, based on an average 1 minute message length, was 3,600 voice calls per hour. StateAlert could also send 360,000 SMS per hour, based on 160 character SMS length. FESA is currently negotiating with the service provider to improve this capacity up to 12,000 voice calls per hour based on an average 1 minute message length. SAFE REFUGES DURING BUSHFIRES — VICTORIAN STANDARD 3968. Ms M.M. Quirk to the Minister for Emergency Services (1) Has the Western Australian Government formulated any policy concerning fire refuges or neighbourhood safer places as discussed in the Victorian bush fire Royal Commission? (2) Does the Western Australian Government have a position on the appropriate national standard on fire refuges; and (a) if so, what is that position? Mr R.F. JOHNSON replied: The Fire and Emergency Services Authority of Western Australia (FESA) advises: (1) In Western Australia, FESA and Local Government nominate places of shelter, including evacuation centres and other safe places, as a priority when dealing with bushfire incidents and other hazards such as cyclones. The identification of these places is an essential part of Western Australia's emergency management arrangements and their locations are reflected in localised emergency plans across the State. (2) There is no National Standard on fire refuges. (a) N/A CHAIN OF RESPONSIBILITY LEGISLATION 3969. Ms M.M. Quirk to the Parliamentary Secretary representing the Minister for Transport (1) At what stage is the so-called chain of responsibility legislation? (2) What, if any, are the impediments to progress? Mr M.J. COWPER replied: (1) The Bill containing the 'chain of responsibility' provisions is in the final stage of drafting. (2) There is no impediment to progress. ROAD RATINGS — PRIORITY ASSESSMENT 3970. Ms M.M. Quirk to the Parliamentary Secretary representing the Minister for Transport What role does the AusRAP or NetRisk road ratings have in assessing priorities for expenditure on roads in Western Australia? Mr M.J. COWPER replied: Neither AusRAP nor NetRisk is used to determine priorities for expenditure on Western Australian roads. The AusRAP assessments undertaken by the RAC, using data supplied by Main Roads WA, are referred to by Main Roads but only to provide an indicator of the level of risk for individual road users. The methodology for AusRAP has not been designed to provide a risk rating of the collective risk of all road users using the road network. This is because the AusRAP methodology does not take into account actual crash patterns and crash rates or traffic volumes when determining the level of risk. "DWELL ON RED" TRAFFIC LIGHTS 3971. Ms M.M. Quirk to the Parliamentary Secretary representing the Minister for Transport Has consideration been given to the installation and use of ‘Dwell On Red’ traffic signal lights in Western Australia; and (a) if not, why not; and (b) what are the comparative costs of these kinds of traffic signals and the conventional model? Mr M.J. COWPER replied: Yes. Dwell on Red signal phasing is a localised intersection operation mode where all traffic signal lanterns show a red signal (including pedestrian signals) and the green light is only activated when a vehicle approaches

[ASSEMBLY - Tuesday, 12 October 2010] 7531 and is detected by the signal loops (or a pedestrian pushes a button). The philosophy behind Dwell on Red signal phasing is that it is only in operation during a certain time of day, predominantly late in the evening and into early morning. The Dwell on Red operation will not cause unreasonable delays, but will reduce the risk and severity of crashes including those involving pedestrians. (a) Not applicable. (b) As the project is currently in the development phase it is not possible to provide a cost for the works. ROAD FATALITIES — DRUG-RELATED PERCENTAGE 3973. Ms M.M. Quirk to the Minister for Police Can the Minister advise what percentage of fatalities on Western Australian roads for each of the last three financial years were drug-related? Mr R.F. JOHNSON replied: In 2007-08 financial year 12.0% of Fatalities were recorded with drugs. In 2008-09 financial year 19.0% of Fatalities were recorded with drugs. In 2009-10 financial year 9.0% of Fatalities were recorded with drugs. TRAFFIC INFRINGEMENTS — NUMBER 3975. Ms M.M. Quirk to the Minister for Police (1) What was the total number of traffic infringements issued for the financial year 1999–2000? (2) What was the total number of traffic infringements issued for the financial year 2000–2001? (3) What was the total number of traffic infringements issued for the financial year 2001–2002? (4) What was the total number of traffic infringements issued for the financial year 2002–2003? (5) What was the total number of traffic infringements issued for the financial year 2003–2004? (6) What was the total number of traffic infringements issued for the financial year 2004–2005? (7) What was the total number of traffic infringements issued for the financial year 2005–2006? (8) What was the total number of traffic infringements issued for the financial year 2006–2007? (9) What was the total number of traffic infringements issued for the financial year 2007–2008? (10) What was the total number of traffic infringements issued for the financial year 2008–2009? (11) What was the total number of traffic infringements issued for the financial year 2009–2010? (12) What was the total number of traffic infringements issued to date from 1 July 2010 to present? Mr R.F. JOHNSON replied: (1) Data not available due to the decommissioning of the Police Mainframe System in which the data was recorded. (2) Data not available due to the decommissioning of the Police Mainframe System in which the data was recorded (3) In the 2001-02 financial year 661,822 traffic infringements were issued (4) In the 2002-03 financial year 583,685 traffic infringements were issued (5) In the 2003-04 financial year 588,973 traffic infringements were issued (6) In the 2004-05 financial year 670,299 traffic infringements were issued (7) In the 2005-06 financial year 726,249 traffic infringements were issued (8) In the 2006-07 financial year 582,130 traffic infringements were issued (9) In the 2007-08 financial year 717,735 traffic infringements were issued (10) In the 2008-09 financial year 650,673 traffic infringements were issued (11) In the 2009-10 financial year 634,798 traffic infringements were issued (12) In the 2010-11 financial year to date 133,207 traffic infringements were issued SAFER ROADS PROGRAM — FUNDING 3976. Ms M.M. Quirk to the Parliamentary Secretary representing the Minister for Transport (1) What projects have been funded and for what amount under the Safer Roads program for the years: (a) 2007–2008;

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(b) 2008–200; and (c) 2009–2010? (2) What projects have been funded and for what amount under the Safer Roads and Bridges program for the year 2010–2011? Mr M.J. COWPER replied: (1) Please refer to attachment 1 [See paper 2747.] (2) Please refer to attachments 2 and 3 [See paper 2747.] ROAD TRAUMA — COST TO HEALTH SYSTEM 3977. Ms M.M. Quirk to the Minister for Health What is the estimated cost per annum of road trauma to the Western Australia health system? Dr K.D. HAMES replied: The total health system costs for transport injuries in 2009 is estimated at $164 million. "TOWARDS ZERO" ROAD SAFETY STRATEGY 3978. Ms M.M. Quirk to the Minister for Education (1) What amount has the department allocated for its role in implementing the ‘Towards Zero’ road safety policy for the financial year 2010–2011? (2) Can the Minister outline the project/s and what amount is allocated to each? Dr E. CONSTABLE replied: (1) The Department of Education's financial contribution to support implementation of the 'Towards Zero' road safety policy is vested in the School Drug Education and Road Aware project. The School Drug Education and Road Aware project is the State Government's primary strategy for support and delivery of school-based road safety education in Western Australia. The Department of Education has provided the School Drug Education and Road Aware project with $410 146 for the 2010-2011 financial year. (2) Areas of work being undertaken by the School Drug Education and Road Aware project, to support implementation of the 'Towards Zero' road safety policy, include: • Strategies to increase uptake and implementation of road safety education programs and resources in schools. • Developing and maintaining road safety education resources and providing professional development to contribute to: positive road user behaviours among 4 to 14 year olds, positive young driver behaviours and compliance with the Western Australian Licensing System. • Brokering partnerships with community-based organisations to enable delivery of road safety education in the wider community. This includes administration of agreements with early childhood agencies to increase the use of child car restraints among parents and carers of 0 to 4 year olds. • Providing information sessions and resources for parents/carers of 0 to 4 years to foster positive road safety behaviours and role modelling. • Contributing to the development of a national early childhood road safety education policy as a member of the Road Safety Education Reference Group Australasia. MIDLAND RAIL LINE — AVERAGE BOARDINGS 3979. Ms L.L. Baker to the Parliamentary Secretary representing the Minister for Transport (1) What was the weekday average total boarding for each station on the Midland line during March 2010? (2) What is the cost of installing entry barriers at a train station? Mr M.J. COWPER replied: (1) The average weekday total boardings for each station on the Midland line for March 2010 are as follows — Station Total Boardings Weekday Average Midland 3 771 Woodbridge 221

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East Guildford 277 Guildford 485 Success Hill 159 Bassendean 2 046 Ashfield 674 Bayswater 1 888 Meltham 560 Maylands 1 916 Mount Lawley 419 East Perth 760 Claisebrook (Midland Line) 854 McIver (Midland Line) 736 (2) The cost of a single set of Automatic Fare Gates (Entry Barriers) at a train station is approximately $300,000. However, the actual installation costs can be significantly more, dependent on the suitability of the station design, operating risk and the number of station entry and exit points. Typically 2 500 boardings per day are required before the installation of entry barriers at a train station are considered, however, this is not the only criteria used. Other factors used to determine the installation of entry barriers and tag off locations at a station include operational risk issues, the number of boardings during any specific period, the design of the station, the number of entry and exit points, and end of line stations. FREIGHT TRAINS, WOODBRIDGE — NOISE MONITORING 3980. Mrs M.H. Roberts to the Parliamentary Secretary representing the Minister for Transport (1) On what days and at what times did the Department of Transport monitor the noise levels of the freight trains in Woodbridge, which the Minister refers to in an article in the ECHO newspaper dated 7 August 2010? (2) Will the Minister make public the results from the monitoring that took place; and (a) if not, why not? Mr M.J. COWPER replied: (1) The monitoring was carried out on 19 July 2010 between 11:30 am and 1:42 pm and 20 July 2010 from 1:01 pm to 2:18 pm. (2) Yes and I hereby table a copy of the results from that monitoring and the conclusions arrived at [see paper 2746.] PUBLIC HOUSING — SAFETY DEVICE MANAGEMENT 3982. Mr M. McGowan to the Minister for Housing I refer to the Auditor General’s Report, ‘Fitting and Maintaining Safety Devices in Public Housing’, and ask as at 10 September 2010: (a) what funding has been provided to enhance the ‘Caretaker’ system; (b) what specific enhancements have been made to the ‘Caretaker’ system; (c) what percentage of maintenance and property services staff have received training regarding the Department’s procedures to manage safety devices and record property information correctly; and (d) has the recommended review of the Department’s other safety maintenance policies, programmes and procedures taken place; and (i) if not, why not? Mr W.R. MARMION replied: The Department of Housing advises: (a) 2009/2010 financial year: $2,959,518.32 2010/2011 financial year (as at 10 September 2010): $757,525.45 (b) A total of fifty seven minor and six major enhancements have been completed during the 2009/10 and 2010/2011 financial years. The Department is currently scoping a project to develop a new system to manage the property portfolio, which will replace Caretaker and other systems currently in use.

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(c) This is an ongoing process. Appropriate existing staff have received refresher training, and new staff are trained as required. (d) The Department has established a formal project to implement the recommendations of the Auditor General's report. (i) Not applicable PUBLIC HOUSING — TRANSFER TO COMMUNITY HOUSING SECTOR 3983. Mr M. McGowan to the Minister for Housing Outside of stimulus-funded public housing dwellings, will new or existing properties owned by the Department of Housing have their freehold titles transferred over to Community Housing Organisations? Mr W.R. MARMION replied: The Department of Housing advises: Further transfers of housing to the community housing sector will be considered as part of a Community Housing Growth Strategy. This strategy is currently being finalised for government approval prior to being released for targeted consultation with the sector.. PUBLIC HOUSING — TRANSFER TO COMMUNITY HOUSING SECTOR 3984. Mr M. McGowan to the Minister for Housing (1) Of the stimulus-funded public housing dwellings being transferred to the Community Housing Organisations, how many of those dwellings have been built on existing Department of Housing Land? (2) What is the total value of the land to be transferred? Mr W.R. MARMION replied: The Department of Housing advises: (1) 210 dwellings are being built on Department owned land that is being transferred to Community Housing Organisations under the RFP. The remainder of the transfer dwellings come from Joint Venture land and EOI land/construction projects. (2) The current estimate on total Department land being transferred is $17.4M. This figure is taken from the final contract price, and may not accurately reflect the current market value of the land. The Department's Major Projects branch is currently organising valuations of land to be transferred with various project managers as part of the Asset Transfer Process. This process has not yet been completed, so valuations are not yet to hand. MINISTER FOR REGIONAL DEVELOPMENT — MEETINGS WITH CLIVE PALMER AND MINERALOGY 3985. Mr M. McGowan to the Minister for Regional Development I refer to the Minister’s answer to Question on Notice No. 2621 regarding meetings between himself and his staff with Professor Clive Palmer, or a representative of Professor Palmer or Mineralogy, and ask: (a) could the Minister name all persons present at the meetings with Professor Palmer, or a representative of Professor Palmer or Mineralogy, on the following dates: (i) 3 February 2009; (ii) 3 April 2009; (iii) 29 May 2009; (iv) 11 August 2009; (v) 26 March 2010; and (vi) 12 May 2010? Mr B.J. GRYLLS replied: (i) Hon Brendon Grylls MLA, Doug Cunningham and Steve Imms. (ii) Hon Brendon Grylls MLA and Doug Cunningham. (iii) Hon Brendon Grylls MLA, Hon Colin Holt MLC, Susanna Ling and Chris Morris. (iv) Hon Brendon Grylls MLA and Doug Cunningham. (v) Hon Brendon Grylls MLA, Hon Terry Waldron MLA, Hon Terry Redman MLA and Doug Cunningham. (vi) Hon Brendon Grylls MLA, Doug Cunningham, Jill Sounness and Jackie Farmer.

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MINISTER FOR REGIONAL DEVELOPMENT — MEETINGS WITH CLIVE PALMER AND MINERALOGY 3986. Mr M. McGowan to the Minister for Regional Development (1) Since 20 May 2010 has the Minster met with businessman and mining identity Professor Clive Palmer; and (a) if so, on what dates, and what was the subject of discussion? (2) Since 20 May 2010 has the Minister met with any representatives of the company Mineralogy; and (a) if so, on what dates, and what was the subject of discussion? (3) Since 20 May 2010 has the Minister met with any lobbyists representing Professor Clive Palmer or Mineralogy; and (a) if so, on what dates, and what was the subject of discussion? (4) Since 20 May 2010 have any of the Minister’s ministerial staff met with Professor Clive Palmer; and (a) if so, what are the names of the staff member/s, on what dates were meetings held and what was the subject of discussion? (5) Since 20 May 2010 have any of the Minister’s ministerial staff met with any representative of Mineralogy; and (a) if so, what are the names of the staff member/s, on what dates were meetings held and what was the subject of discussion? (6) Since 20 May 2010 have any of the Minister’s ministerial staff met with any lobbyists representing Professor Clive Palmer or Mineralogy; and (a) if so, what are the names of the staff member/s, on what dates were meetings held and what was the subject of discussion? (7) For any meetings held between the Minister, or the Minister’s staff, with Professor Palmer, or a representative of Mineralogy, or a lobbyist representing Professor Palmer or Mineralogy, could the Minister name all persons other than the Minister or the Minister’s staff present at the meeting/s? Mr B.J. GRYLLS replied: (1)-(6) Nil (7) Please refer to Legislative Assembly Question on Notice 3985. ORD REGION — COMMERCIAL RICE CROP 3987. Mr W.J. Johnston to the Minister for Regional Development I refer to the Minister’s answer to Question without Notice No. 433 on 19 August 2010 from the Member for North West regarding the trial rice crops in the Ord area, including the Minister’s explanation that 1,700 tonnes of rice were grown on 240 hectares of land, or 7.083 tonnes per hectare, and I ask: (a) can the Minister confirm that this yield is below Australian Bureau of Agricultural and Resource Economics (ABARE) estimates for rice production in Australia which are 8.71 tonnes per hectare (2008–2009), 10.79 tonnes per hectare (2009–2010), 9.00 tonnes per hectare (2010–2011) and 8.29 tonnes per hectare (five year average); (b) can the Minister explain why the Ord lands appear on the surface of this information to be less productive than the average for Australia’s other rice growing areas; (c) can the Minister advise at what total production tonnage will the Ord scheme be economically sustainable for rice production; (d) can the Minister advise where the rice will be processed; (e) if the rice is to be processed overseas, as stated by the Minister on 19 August 2010, will the rice be re- imported to Australia; and (f) if the rice is to be processed overseas and then re-imported to Australia, what quarantine arrangements will be required by Australian authorities? Mr B.J. GRYLLS replied: (a) Evaluation work is continuing on the 2010 Ord rice yields. With harvesting now completed, final production result is 1440 tonnes . On the basis of the nature of the commercial trials, that incorporated a wide range of trial variables, average yield data does not provide a relevant comparison to full scale

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commercial production data quoted by ABARE. Some of the ABARE data relates to long established production areas which have recently experienced world record yields. Australia is the world leader in terms of rice crop yields. It is not unusual for first year trial crops, particularly in new growing areas, to yield less than full commercial industry standards. Perfecting variety selection and agronomic practices are key reasons why first year trial crop yields are as quoted. (b) There is no expectation that rice growing in the Ord will be less productive than elsewhere in Australia. On the contrary, the Ord rice crops in 2010 were commercial scale trials using southern and eastern Australian temperate rice varieties not specifically bred for sub tropical production. The crops were investigating optimal seeding times, seeding rates, sowing techniques and fertilising regimes, in the Ord context. The growers regard the crops as very encouraging and have advised their intention to substantially increase rice cropping in 2011. The rice crops grown in the Ord used around 7 megalitres/ha of water compared to around 12 megalitres /ha for eastern states crops. This efficiency gain and the quicker growth rates of the Ord rice crops are also important production and productivity considerations. (c) It is expected that rice, based upon the success of the initial commercial trials, will be an important crop in a diversified Ord cropping scenario. The diversity of cropping is expected to change over time, depending upon a range of market and agronomic factors. It is not one crop, but a range of diversified crops that will sustain an expanded Ord Scheme. In relation to the industry's current aspirations with rice, the industry has indicated it seeks to move production over a 2-3 year period to around 10 000 tonnes, and preferably over the 5-7 years to around 50 000 tonnes. (d) The industry has yet to finalise its commercial rice processing arrangements for future production. The 2010 rice crop was initially processed in Kununurra (de hulled) and then exported via the Wyndham Port, Darwin and Port Moresby to Lae in Papua New Guinea for final processing and consumption in that market. (e) The rice grown in Kununurra in 2010 has been sold into the Papua New Guinea market for processing and consumption in that market. It is not expected that 2010 Ord rice will be re-imported into Australia. The processing of future Ord rice crops will depend upon market requirements and available processing options. (f) It is not expected that future Ord rice production would be processed overseas and re-imported into Australia. THE GRADUATE — STATE FUNDING 3991. Mr J.N. Hyde to the Minister for Culture and the Arts In relation to the Minister’s answer to Question on Notice No. 3795 where he used the excuse of commercial-in- confidence when providing an answer regarding public funding for The Graduate, I ask: (a) why could the Minister reveal commercial-in-confidence details regarding the Peggy Guggenheim exhibition in his answer to Question on Notice No. 3048, but chooses not to for The Graduate; (b) what case was put to the Government for a State subsidy of this production; (c) how much funding is the Government contributing to the production of The Graduate; (d) will the Minister now table the contracts; and (e) if the Minister will not provide this information to the Parliament, has he notified the Auditor General as to his reasons for refusal? Mr J.H.D. DAY replied: (a) The answer provided in Question on Notice No. 3048 refers to a contract between two government agencies (Eventscorp and the Art Gallery of Western Australia), as such the details of the contract can be provided. The contract for The Graduate is between Perth Theatre Trust (PTT) and a private company (Kay and McLean Productions Pty Ltd), and as such the details are commercial in confidence. Perth Theatre Trust seeks to partner with private enterprise in the future to bring world-class productions such as The Graduate to Perth. Maintaining and respecting the confidential nature of private contracts is key in achieving this. (b)-(c) These details are commercial in confidence; however it should not be assumed that a State subsidy necessarily eventuated. (d)-(e) No.

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POLICE MISCONDUCT ALLEGATIONS – SETTLEMENT PAYMENTS 3992. Ms M.M. Quirk to the Minister for Police I refer to payments made to persons alleging police misconduct in the years 2008, 2009 and 2010, and I ask: (a) how many of these payments were made in each of those years; (b) list the amount of each payment and the date it was paid; (c) what is the procedure for assessing the allegations and determining the quantum of said payments; (d) by whom are such payments authorised; and (e) is a deed of settlement or similar instrument required to be executed before such payment is made? Mr R.F. JOHNSON replied: (a) 2008 — 3, 2009 — 1, 2010 — 4 (b) Due to confidentiality clauses in the Deeds of Release signed by the parties involved in the claims, individual payments and the dates on which they were paid cannot be disclosed. However, I am advised that the total amounts paid for the criteria specified in the years indicated is as follows — 2008: $198,273.46 2009: $10,657.10 2010: $90,000.00 (c) When assessing the allegations, any relevant documents are obtained in consultation with the State Solicitor's Office and the State Government Insurer RiskCover, the question of liability is ascertained. Should it be ascertained that the State of WA is liable to compensate the person, the amount of compensation is determined in consultation with the State Solicitor's Office and RiskCover. This determination is based on any previous Court cases and settlements of a similar nature (d) RiskCover is the State Government Insurer and is authorised to manage all claims on behalf of the WA Police. (e) Before all such payments are made, part of the settlement agreement is that the claimant signs a Deed of Release or similar instrument releasing the State and its officers and agents from all further claims in relation to the alleged incident. POLICE — STRATEGIC ACCOMMODATION PLAN 3994. Ms M.M. Quirk to the Minister for Police Would the Minister please list all items under the Strategic Accommodation Plan for the next five years? Mr R.F. JOHNSON replied: Approved Works in Progress - State-wide Custodial Facilities Upgrade Program (various projects) These projects are carried out on a priority basis and approved works are developed, reviewed and implemented on a year by year basis. - State-wide Police Station Upgrade Program (various projects). These projects are carried out on a priority basis and approved works are developed, reviewed and implemented on a year by year basis. - Perth Police Complex - West Metropolitan District Accommodation Upgrade - Fitzroy Crossing Police Station - Mt Magnet Police Station - Cockburn Central Police Station (District Hub) - Western Suburbs Police Station (District Hub ) - Blackstone Multi Functional Police Facility (MFPF) - Burringurrah MFPF - Looma MFPF - Additional Police/Auxiliary/Staff Program — Accommodation (various projects) - Counter Terrorism (CT) — Increased WA Police CT Capability Unfunded Projects The following unfunded projects are subject to ongoing review and prioritisation in accordance with operational requirements and funding approval through Government's Annual Budget process.

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- Police Facilities Major Upgrade Program - Specialist Crime Headquarters - Mundijong Police Station - Pinjarra Police Station - Boddington Police Station - Armadale Police Station (District Hub) - Bridgetown Police Station - South East Metro Complex (Cannington) - Eucla Police Station - Jandakot Police Air Wing Hangar - Corporate Service Headquarters - Kensington Police Station (District Hub) - Augusta Police Station - Lancelin Police Station - Narrogin Police Station SURGERY — WAITING LISTS 3998. Mr R.H. Cook to the Minister for Health As at 31 August 2010: (a) how many patients awaited surgery longer than the clinically recommended time for their category of surgery; (b) please list a breakdown for each surgical category and the number of patients operated on; (c) what was the longest time period a patient had waited for surgery; (d) how many patients has the Department of Health paid to have surgery undertaken in a private hospital; and (i) please provide a breakdown of each procedure that was referred to a private hospital; and (e) what was the average additional cost per operation to the Department of Health of having a public patient have surgery in a private hospital? Dr K.D. HAMES replied: (a) 775. (b) Cardio-thoracic: 8 Ear, nose and throat: 119 General: 128 Gynaecology: 17 Neurosurgery: 16 Ophthalmology: 69 Orthopaedic: 154 Plastic: 67 Urology: 126 Vascular: 9 Other: 62 (c) 11 waited more than 1,000 days before they were admitted for surgery. In the interest of patient confidentiality the longest time an individual waited for elective surgery is suppressed, the supplied range prevents the identification of an individual patient. (d) 21. (i) The following outlines the breakdown of procedures referred to private hospitals: Specialty Procedure referred General Fundoplication Plastics Excision — skin lesion Plastics Reconstruction of breast Orthopaedics Removal of plate/rods/screws Orthopaedics Shoulder repair Orthopaedics Carpal tunnel Orthopaedics Lateral column procedure right elbow Note: For confidentiality reasons generic details of the procedures have been used.

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(e) For 16 of the 21 public patients there was no additional average cost. For 5 of the 21 public patients, additional costs were incurred due to their clinical needs. The average additional cost for these 5 patients was $2,729. SURGERY — WAITING LISTS 3999. Mr R.H. Cook to the Minister for Health As at 31 July 2010: (a) how many patients awaited surgery longer than the clinically recommended time for their category of surgery; (b) please list a breakdown for each surgical category and the number of patients operated on; (c) what was the longest time period a patient had waited for surgery; (d) how many patients has the Department of Health paid to have surgery undertaken in a private hospital; and (i) please provide a breakdown of each procedure that was referred to a private hospital; and (e) what was the average additional cost per operation to the Department of Health of having a public patient have surgery in a private hospital? Dr K.D. HAMES replied: (a) 792. (b) Cardio-thoracic: 6 Ear, nose and throat: 81 General: 214 Gynaecology: 21 Neurosurgery: 28 Ophthalmology: 66 Orthopaedic: 168 Plastic: 43 Urology: 108 Vascular: 17 Other: 40 (c) 11 waited more than 590 days before they were admitted for surgery. In the interest of patient confidentiality the longest time an individual waited for elective surgery is suppressed, the supplied range prevents the identification of an individual patient. (d) 16. (i) The following outlines the breakdown of procedures referred to private hospitals: Specialty Procedure referred General Fundoplication Plastic Excision — skin lesion Plastic Reconstruction of breast Orthopaedics Removal of plate/rods/screws Orthopaedics Shoulder repair Orthopaedics Carpal tunnel Orthopaedics Lateral column procedure right elbow Note: For confidentiality reasons generic details of the procedures have been used. (e) For 14 of the 16 public patients there was no additional average cost. For two of the 16 public patients, additional costs were incurred due to their clinical needs. The average additional cost for these two patients was $3,176.00. PUBLIC HOSPITALS — AMBULANCE BYPASS 4000. Mr R.H. Cook to the Minister for Health (1) Will the Minister advise the date/s during August 2010 that the following hospitals had active ambulance diversion/bypass: (a) Sir Charles Gairdner; (b) Royal Perth; (c) Fremantle;

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(d) Rockingham-Kwinana; (e) Swan District; (f) Armadale-Kelmscott; and (g) Joondalup? (2) For each hospital with active ambulance diversion/bypass, what was the average time the Emergency Department was on diversion/bypass? (3) For each hospital Emergency Department, what was the longest period of time that the emergency was on diversion/bypass? Dr K.D. HAMES replied: (1) (a)-(b) Nil. (c) 20/08/2010. (d) 08/08/2010; 13/08/2010 to 14/08/2010; 28/08/2010 to 29/08/2010. (e) 01/08/2010; 06/08/2010; 09/08/2010 to 11/08/2010; 18/08/2010 to 19/08/2010; 23/08/2010 to 24/08/2010; 30/08/2010. (f) 02/08/2010; 13/08/2010 to 14/08/2010. (g) 05/08/2010; 11/08/2010; 13/08/2010 to 14/08/2010; 17/08/2010 to 19/08/2010; 23/08/2010; 27/08/2010 to 28/08/2010; 30/08/2010 to 31/08/2010. (2) Average time is defined as the average daily time in minutes (rounded) for the 31 days of August 2010. (a)-(b) Not applicable. (c) 2 minutes. (d) 14 minutes. (e) 90 minutes. (f) 8 minutes. (g) 81 minutes. (3) (a)-(b) Not applicable. (c) 60 minutes. (d) 178 minutes. (e) 824 minutes. (f) 121 minutes. (g) 426 minutes. Data Source: St John Ambulance Australia. AT-RISK YOUTH — NOLLAMARA ELECTORATE 4009. Ms J.M. Freeman to the Minister for Corrective Services In reference to the Minister’s Media Statement ‘State Government to target at-risk youth’ from 9 September 2010, I ask: (a) was a Family Intensive Team operating either: (i) at Mirrabooka Police Station; (ii) at West Metropolitan District Police Office; or (iii) with offenders in the Nollamara electorate; and (b) will the Killara Youth and Family support program be offered to kids at risk and young offenders in the Nollamara electorate? Mr C.C. PORTER replied: (a) (i)-(ii) No (b) Yes (c) Yes. Killara Youth Support Service is provided to young people who volunteer to receive support. ALCOHOL BANS IN ABORIGINAL COMMUNITIES 4069. Mr M.P. Murray to the Minister for Sport and Recreation I refer to the Aboriginal communities operating under an alcohol ban under section 175 of the Liquor Control Act 1988, and I ask:

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(a) what mechanisms are in place to monitor how community members deal with the retraction of alcohol from their lifestyle; (b) if a problem is identified, what support services will be implemented to deal with it; and (c) if a problem is identified as affecting family members, what support services have been put in place to assist these family members? Mr T.K. WALDRON replied: (a) The Department of Sport and Recreation (DSR) has permanent staff in the Kimberley based in Broome and Kununurra. These officers work in partnership with Garnduwa Amboorynu Wirnan (Garnduwa), a Kimberly based not for profit aboriginal sport and recreation organisation — in the delivery of sport and active recreation programs. The State Government's funding support for Garnduwa provides three Indigenous Sport Development Officers to run and coordinate activities in Kimberley communities. Where appropriate both DSR and Garnduwa engage in cross agency initiatives and diversionary programs in Kimberley Aboriginal communities. (b)-(c) The Department of Sport and Recreation can assist in conducting sport and recreation programs as diversionary options as part of any support mechanism; under appropriate medical supervision.

FREEDOM OF INFORMATION REQUESTS — MINISTERS' ADVICE 4075. Mr M. McGowan to the Attorney General I refer to advice requested from the State Solicitor’s Office and Solicitor General by Ministers, regarding Opposition freedom of information requests since 23 September 2008, and I ask: (a) how many times has advice been requested; (b) how many times has written advice been provided; (c) how many pages of advice have been provided in total; and (d) what has been the estimated cost of providing this advice in total? Mr C.C. PORTER replied: (a) A search of the records of the State Solicitor's Office and the Office of the Solicitor General has located 72 instances where advice was requested. (b) A search of the records of the State Solicitor's Office and the Office of the Solicitor General has located 51 instances where written advice was provided. (c) The nature and subject matter of the advice is subject to legal professional privilege. (d) As the advice was provided by legal officers employed by the State, no legal costs were incurred in providing the advice on these matters.

PRISONERS TAKEN OFF-SITE — WARRANTS SIGNED BY MINISTER 4076. Mr J.N. Hyde to the Minister for Corrective Services In relation to Section 28 warrants, whereby the Minister responsible for prisons signs a warrant authorising permission for police to remove a prisoner from a prison and take the prisoner off-site and place into police custody for the purpose of an investigation, I ask: (a) how many such warrants has the Minister signed since taking office and to how many separate prisoners did those warrants apply; (b) is the Minister confident, and how has he verified, that on each individual occasion the prisoner was removed and taken off-site; (c) does the Minister document, in writing, his reasons and justification for agreeing to a Section 28 warrant and is this documentation subject to any review or oversight; (d) have any of the prisoners removed under such warrants subsequently been victims of deaths-in-custody; and (e) has the Inspector of Custodial Services reported any concern with the operation of Section 28 warrants to the Minister?

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Mr C.C. PORTER replied: Note: Section 28 of the Prisons Act 1981 was repealed by the Prisons and Sentencing Legislation Amendments Act 2006. The legislation took effect on 4 April 2007. Under amended legislation no Minister has been or is required to approve absences from prison for the purpose of furthering the interests of justice (a) None (b)-(d) Not applicable (e) We are not aware of any concerns.

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